Bracton: Thorne Edition: English. Volume 4, Page 316

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Volume 4, Page 316

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[001] have by reason of himself, as in the case of husband and wife, as where a man of full
[002] age marries a minor having an inheritance and they are impleaded with respect to
[003] the wife's property; because of her minority the plea will remain without day, until
[004] the wife whose right is in question reaches full age. If the husband-tenant is within
[005] age and the wife of full age, when they are impleaded the plea will not remain
[006] because of the husband's minority, whether she married before the writ impetrated
[007] or after, because if a woman impleaded as to her own right could postpone judgment
[008] because of the minority of her husband, every woman could fraudulently marry
[009] a husband under age, [and postpone judgment], whether she had parceners or not,
[010] and whether the inheritance had been partitioned or not, which would be unjust.
[011] The same could be said if a woman married a villein, since fraud ought not to aid
[012] such persons. On this matter may be found, that is, concerning a wife of full age and
[013] a husband under age, in the roll of Hilary term in the fifteenth year of king Henry in
[014] the county of Northampton, [the case] of William Longsword a minor and Idonea
[015] his wife of full age.¹ [Judgment given] at Westminster.

If a woman of full age possessing an inheritance is married to a minor or conversely.

[017] If a man and his wife together claim the inheritance and property of the wife, of whom
[018] one is within age, if the husband is of full age and the wife a minor, whether they
[019] married before the writ impetrated or after, the plea will remain without day until
[020] the full age of the wife. This is so if she married before the writ was impetrated; if
[021] after, the writ falls completely if the tenant so wishes, or the action is postponed until
[022] the full age of the wife whose right is in question. If the husband is within age and the
[023] wife of full age, the plea will not remain because of the husband's minority, if they
[024] married before impetration, as above. If a minor claims against a minor in a possessory
[025] action, or one of full age against a minor or conversely,² [what ought to be done
[026] has been adequately explained above in the tractate on the assise of mortdancestor.]³
[027] If it is a proprietary action, the demandant may not claim, nor will the minor-tenant
[028] be bound to answer before his full age whether the demandant is of age or a minor.

The estate of a minor ought not to be changed, either with regard to tenements or services and customs.

[030] The estate of a minor must no more to be changed with respect to services and

Notes

1. B.N.B., nos. 503, 565; C.R.R., xiv, 1155

2. Deleted

3. Supra iii, 301