Bracton: Thorne Edition: English. Volume 2, Page 257

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Volume 2, Page 257

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[001] wrong to their lords, except that if it is a woman who is the heir and marriageable,
[002] though she is of full age she may not marry without the consent of the chief lord
[003] to whom the marriage is known to belong, for the reason given a little above, lest
[004] the lord be compelled etc.¹ But if the heir is male and of full age he may marry
[005] when and where he wishes, the consent of the chief lord being unnecessary, for
[006] there can be no such reason for a male heir not to marry a wife as there could be
[007] when a female heir marries a husband. ²If an heir of socage lands is under age and
[008] in the wardship of his relatives, his nearer kinsman may arrange his marriage without
[009] wrong to anyone, or sell the marriage to others, provided that if the heir is a
[010] female what was said above with respect to a military fee is observed. When the
[011] heir is within age and unmarried and in the wardship of the lord, that is,³ of a
[012] military fee, whether the heir is male or female the marriage will belong in full
[013] right to the chief lord in whose wardship he is; he may give the heir in marriage
[014] when and where he wishes, provided he is not disparaged, or sell the marriage to
[015] whom he wishes, provided he is married in the lifetime of the vendor;⁴ indeed, he
[016] may give him in marriage not only once but several times, as often as he is within
[017] age and without a wife. But if the chief lord to whom the marriage belongs is
[018] negligent and does not marry the heir within age nor offer him a marriage he could
[019] not lawfully refuse, as soon as the heir is of full age and sui juris he may arrange
[020] a marriage for himself, without wrong to anyone. And so if he comes of age while
[021] his chief lords are in dispute over the marriage. But if an heir within age, male or
[022] female, marries at his pleasure, or on the advice of someone other than the chief
[023] lord, and so if, when the chief lord offers him a wife whom he cannot lawfully
[024] refuse, he is unwilling to marry at his suggestion, saying that he has as yet no desire
[025] to marry, [the lord cannot force him to marry against his will, since marital unions
[026] ought to be freely contracted,] the lord is provided for in this way: he may retain
[027] the inheritance beyond the heir's full age until he has obtained therefrom the value⁵
[028] of the marriage, or until he has been satisfied therefor in some other way. No matter
[029] how often it happens that one of several heirs within age dies, if there are others
[030] within age, male or female, the chief lord will have the marriage of each, one after
[031] the other, as long as they are within age.

If several different inheritances descend to an heir from the father's side and the mother's.

[033] We have explained above what the law is if there is but one inheritance descending,

Notes

1. Supra 255

2. New paragraph

3. ‘scilicet’

4. Infra 263

5. Infra 264: double value, Merton, ca. 6