Bracton: Thorne Edition: English. Volume 2, Page 255

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 255

Next

Go to Volume: Page:

[001] to arrange their marriages, each with her reasonable marriage portion. If from the
[002] outset they are all of full age, they will nevertheless be in the wardship of their
[003] lords until they are married with their advice and approval, for without their
[004] approval and consent a woman who has an inheritance may not be married, not
[005] even, as of right, in the lifetime of her ancestor, without the assent of the chief
[006] lord, [Had they done so in former times they would lose the inheritance beyond
[007] hope of recovery, except by act of grace, now, however, they incur another penalty,
[008] as will be explained below.] and for this reason, lest the lord be forced to take the
[009] homage of his chief enemy or other unsuitable person. But whenever the lord's
[010] leave and consent is required, he is obliged either to give it or show just cause why
[011] he ought not to do so; if he is unwilling to consent but gives no reason the woman
[012] may safely and lawfully be married on the advice of her relatives. This question
[013] then follows, whether a doweress may marry anyone at her pleasure without the
[014] consent of the warrantor of her dower, and if she does so whether she ought to lose
[015] her dower, since it is not homage that her husband is bound to do to her warrantor
[016] therefrom but only fealty with an oath. Though in former times she would have lost
[017] her dower because of such action, she will not now do so. When the heir is a woman
[018] of full age and ought to hold of the fee of several lords, it will then be sufficient to
[019] secure the assent of the chief lord [and] first feoffor, to whom her ancestors did liege
[020] homage, in order to marry. When they have once been lawfully married and have
[021] subsequently become widows they shall not again be in the wardship of their lords,
[022] though to remarry they are bound to seek their assent, for the reason aforesaid.
[023] ¹⁴It is sometimes said to be the general rule that fornication does not deprive
[024] one of an inheritance, but this is not to be understood of fornication by daughters
[025] and heirs, only of fornication by a mother, because that son is the legitimate heir
[026] whom the marriage proves to be such,¹⁵ because one is presumed to be [the husband's]
[027] son since he is born of his wife, provided it is not the kind of presumption
[028] that may admit of proof to the contrary, as was briefly said above.¹⁶ With regard
[029] to wardship in socage, where there are several feoffments to be held in socage
[030] there will be no need to inquire into the priority or posteriority of the feoffments,
[031] since there is but one guardian, the nearer relative by right of blood. Nor is it
[032] of much importance whether such person is legitimate or a bastard. And that
[033] priority and posteriority will play no part is true unless it is the established custom
[034] that wardship and marriage from socage, just as from a military fee, ought to
[035] belong to the chief lords, as in the [barony of the bishop] of Winchester and
[036] elsewhere.¹⁷ Hence where such custom is observed, if there are several feoffments
[037] in socage by several persons, recourse must be had to priority.¹⁸ And if there is
[038] but one chief lord

Notes

14. New paragraph: Br. has omitted a portion of Glanvill's text.

16. Supra 35, 186, 204

17. Supra 249

18. Infra 260 ff.