FORFEITURE OF MARRIAGE
(bouvier) | FORFEITURE OF MARRIAGE, Old law. The name of a penalty formerly incurred by
a ward in chivalry, when he or she married contrary to the wishes of his or
her guardian in chivalry. The latter, who was the ward's lord, had an
interest in controlling the marriage of his female wards, and he could exact
a price for his consent and, at length, it became customary to sell the
marriage of wards of both sexes. 2 Bl. Com. 70.
2. When a male ward refused an equal match provided by his guardian, he
was obliged, on coming of age, to pay him the value of the marriage; that
is, as much as he had been bona fide offered for it; or, if the guardian
chose, as much as a jury would assess, taking into consideration all the
real and personal property of the ward; and the guardian could claim this
value, although he might have made no tender of the marriage. Co. Litt. 82
a; 2 Inst. 92 5 Co: 126 b; 6 Co. 70 b.
3. When a male ward between his age of fourteen and twenty-one years,
refused to accept an offer of an equal match, and during that period formed
an alliance elsewhere, without his permission, he incurred forfeiture of
marriage; that is, he became liable to pay double the value of, the,
marriage. Co. Litt. 78 b, 82 b.
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