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From:
Subject: Re: The text of the agreement between Edward II and Thomas de Multon in 1317
Date: Mon, 29 Jul 2002 16:45:11 EDT


In a message dated 7/29/2002 10:53:21 AM Mountain Daylight Time,
writes:
<< An example is the contract for marriage between Alice, daughter of Humphrey
de Bohun, earl of Hereford, and Roger, son of Ralph de Tosny. This was
pointed out by Douglas Richardson together with other evidence that the
marriage did take place (a correction to the account of Tosny in the
Complete Peerage).
The text (which unfortunately I haven't transcribed) was printed in Emma
Mason's "The Beauchamp Cartulary" (Pipe Roll Society, new series vol.43;
1980). The contract is undated, but a confirmation of it was entered on the
Fine Roll 23 June 1239. Mason notes that Roger de Tosny came of age in 1256,
and was therefore born in 1235. So he would have been aged 4 at most when
the contract was made. It also provided for Alice's marriage to Roger's
younger brother Ralph, if Roger died under age. >>

This is a typical example of the type of marriage contract one finds and that
I had been referring to.

Here we have a boy of four when the contract was drawn up between the
parties. He would therefore clearly not have been of lawful age to be
betrothed at that time. The marriage contract in and of itself did not imply
betrothal, even though it was a promise that the parties were intended to at
some point marry (and in this case did). Also, if a betrothal had actually
taken place (on the assumption the parties would have been of age) the clause
that added that should the groom die, the bride would then marry his brother
could not have been added, as a formal, legal betrothal would have prevented
that on grounds of affinity.

Paul


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