Hence it is, that if a Man, having only a Daughter or Daughters, his
Heirs, should in his lifetime marry off one or more of them without
the assent of the Lord, he is justly, according to the Law and Custom
of the Realm, for ever deprived of his Inheritance; and that in such
manner, that he can never afterwards recover any part of it, unless
by the indulgence of the Lord. The reason is simply this—that as
the Husband of an Heiress is bound to do Homage to the Lord for her
Estate, the approbation and consent of the Lord is requisite for such
purpose; least he should be compelled to receive from his Enemy, or
from some other improper person, the Homage due in respect of his
Fee.[263] But if any one demands of his Lord a License to marry his
Daughter and Heir to another, the Lord is bound either to consent,
or to shew some just cause, why he refuses;[264] otherwise the woman
may, with the advice and approbation of her Father, be married, even
contrary to the Lord’s inclination. Upon this occasion it may be asked,
if a Woman, having Lands in Dower, may, without the consent of her
Warrantor,[265] follow her own inclination in marrying another; and,
if she do so, whether she shall on that account lose her whole Dower?
It does not appear that she ought for that reason to lose her Dower,
since her Husband, by the Law and Custom of the Realm, owes no Homage
to her Warrantor, but merely Fealty with an Oath, least if the Woman
herself should die before her Husband, the Homage should be entirely
lost, no Tenure being retained. Yet the Woman is bound to obtain the
consent of her Warrantor to her marriage, or she shall lose her
Dower,[266] unless, indeed, she holds other Land in Marriage-hood or
by Inheritance; for then it suffices, if she has obtained the consent
of the Chief Lord. This Rule obtains not on account of the Homage
but of the other Fealty, which the Husband is bound to perform to
the Lord as we have observed. But, if the Inheritance be within the
Fees of many different Lords, it is then sufficient, if the consent
of the Chief Lord be obtained to the Marriage of the female Heir. If
female Heirs, during such time as they are in Custody, are guilty
of incontinence,[267] and this be proved, then, those who have thus
erred shall be excluded from the Inheritance; and their portion shall
accrue to the others, who are free from the same stain. But if, in
this manner, all of them should err, then, the whole Inheritance shall
devolve upon the Lord, as an Escheat. Yet, if such female Heirs are
once lawfully married, and afterwards become widows, they shall not
again be under the Custody of their Lords; although they are, for
the reason formerly explained, bound to ask his consent to their
marriage.[268] Nor, in such case, shall they forfeit their Inheritance,
if guilty of incontinence.[269]
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