Bracton: Thorne Edition: English. Volume 2, Page 265

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Volume 2, Page 265

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[001] the profit taken from it shall be diverted to the profit of the heir under age, as the
[002] relatives shall order and arrange, to offset the dishonour done to him. But if he is
[003] fourteen years of age or more and thus able to consent and does consent to such
[004] marriage, let no penalty follow. If an heir, whatever his age, is unwilling to marry
[005] at his lord's behest, let him not be compelled to do so against his will. But when he
[006] comes of age, before he receives his land, let him satisfy his lord to the amount he
[007] could have obtained from another for the marriage; [this]¹ whether the aforesaid
[008] heir wishes to marry or does not, because the marriage of a person under age
[009] belongs in absolute right to the lord of the fee.²

Of gifts propter nuptias by way of dower and the constitution of dower.

[011] Dominium is acquired by the causa of gift in many ways,³ as when a woman is to be
[012] married. Since it is proper, for a number of reasons, that women be endowed,⁴
[013] a gift propter nuptias is made her by her husband [from his own property, or that of
[014] his father or mother, brother or sister, or another, with their leave and consent,]⁵
[015] which is called dower, [which cannot be complete before the husband's death,⁶
[016] [because] though it may be constituted in the husband's lifetime, it cannot be
[017] assigned before his death.]⁷ Thus we must see what dower is, what is rightful dower,
[018] who may constitute dower, and to whom. Also, when and where, out of what, and
[019] how much. Also, who may assign dower and when, and within what time, and [if
[020] it is not] assigned what action is available to the woman for obtaining her dower.

What dower is.

[022] ⁸Dower is that which a free man gives his spouse at the church door [on the
[023] marriage day],⁹ because of the burden of matrimony¹⁰ and the future marriage,
[024] for the maintenance of the wife and the nurture of the children when they are born,
[025] should the husband predecease her.

What rightful dower is.

[027] ¹¹The rightful dower of every woman is the third part [of each tenement,] of all
[028] the lands and tenements her husband held in his demesne and so in fee that he
[029] could endow her on the day he married her.¹²

Who can constitute dower.

[031] Who can constitute dower? Any male, whether he is a minor or of full age. To
[032] whom? To any wife, of full age or a minor. For he who is under age may endow
[033] his wife though she is under age, provided that she may merit dower and is mature
[034] enough to take a husband;¹³ and though the husband

Notes

1. ‘hoc’

2. Merton, ca. 6

3. ‘Adquiruntur rerum dominia ex causa donationis multis modis’

4. Raymund de Pe±afort, Summa de casibus, iv, 25. pr.: ‘Quoniam publice interest mulieres dotes suas habere ut iterum nubere possint’; Richardson in E.H.R. lix, 382, Tancred, Summa de matrimonio, 107

5. Infra 273

6. Supra 49, infra 275, iii, 370

7. V reads ‘ante mortem seisina non poterit assignari,’ but ‘suum’ OA, OB, CE,CM, LA etc.; cf. Longrais Saisine, 399, n. 2, 416, n. 1

8-9. Glanvill, vi, 1: infra 266, iii, 376; Valls-Taberner in Riv. stor. di diritto ital. xi, 377; Raymund, iv, 25.2

10. Raymund, iv, 25.1; Tancred, 108; D. 23.3.56.1

11-12. Glanvill, vi, 1

13. Supra 251, infra iii, 372