Note 242 — OF MARRIAGE.
Reading edition
As to matrimonial contracts, the full age of consent in males is fourteen years, and of females, twelve; till that age they are said to be impuberes, and are not bound by matrimonial contracts; and with this also our law agrees; 1 Hale Pl. 17. Instit. Lib. 1. tit. 10. de nuptiis. Dig. Lib. 23. lit. 2. de ritu nuptiarum Co. Litt. 104. The statute of Merton, 20. Hen. 3. c. 6 (Co. Litt. 30). inflicts the loss of wardship and its benefits on such Lords as shall marry their wards within the age of fourteen years, et talis ætatis quod matrimonio consentire non possit. Yet a widow who had been married at seven, and at nine years old survived her husband, was held entitled to dower. Co. Litt. 33.