to the donor by tacit condition, and pacts immediately added become parts of  agreements, impose a law upon them and fashion them.1 The question arises,  therefore, which portion shall prevail. Some say the homage, since it is the first  and principal agreement and the maritagium merely accessory to it; others the  maritagium, since as is evident, the land was given out of affection for the woman  and on the occasion of her marriage, and [because] an earlier agreement ought to  be superseded by a later.2 But the better view, it is submitted, is that the homage  ought to prevail,3 [an opinion] which may be supported by a number of reasons.  If it is said, I give such a person so much land (by way of a modus) that he take  my daughter as wife, or by way of a condition, if he takes my daughter as wife,  and the donee marries another or betakes himself to other vows,4 a repetitio is  available to the donor (though the gift is complete) because it was given for a  causa that did not follow.5 Hence if after he has married another the donor  promptly ejects him he will not recover by the assise of novel disseisin. He is taken  to be ejected promptly [if he is ejected] at the time the marriage is contracted, or  within the third or fourth day after it, [or after notice has reached him,]6 or within  a short time thereafter if there is reason for such extension. On this there is matter  [in the roll] of the eyre of the abbot of Reading and Martin of Pateshull in the  county of Leicester, an assise of novel disseisin [beginning] if Robert, son of Mary.7  But the same result will not follow if, as agreed, the donee marries the daughter  and they are afterwards divorced, for the modus or condition is satisfied. But the  gift may be reclaimed in another way, depending upon whether the married couple  have had heirs or not. Let this account of the maritagium suffice for the present  by way of illustration.
That a maritagium reverts for failure of heirs.
 [A thing] sometimes reverts to the donor for failure of heirs.8 Whether homage has  been taken or not,9 there sometimes is10 a reversion to the donor for failure of heirs by  force of a modus, tacit or express, [tacit], as where land is given in maritagium or to a  bastard. Also by force of a condition, tacit or express, tacit, as [where], though no  mention is made in the gift of a reversion, the thing must of necessity revert to the  donor since the mere right has no other to whom it may descend.11 A thing that has so