Legal Definitions - avail of marriage

Avail of marriage is an archaic legal concept from feudal times, referring to the right of a feudal lord to arrange a marriage for a ward under their guardianship. This right was particularly significant for heirs, especially female heirs, as it allowed the lord to secure alliances, consolidate land, or gain other advantages through the marriage. If a ward refused a suitable marriage proposed by the lord, the lord was entitled to a payment, known as "valor maritagii," which compensated the lord for the financial or strategic benefits lost by the ward's refusal. Essentially, it was the value or benefit the lord could derive from arranging a ward's marriage, or the compensation for the loss of that benefit.

• Example 1: Lady Eleanor, a young heiress whose valuable lands were under the guardianship of Baron Fitzwilliam, was presented with a marriage proposal by the Baron to Sir Reginald, a knight whose family held strategic lands adjacent to the Baron's. The Baron saw this as an opportunity to strengthen his own regional influence and consolidate power. However, Lady Eleanor, having fallen in love with a local merchant's son, steadfastly refused the arranged marriage. Under the feudal laws of the time, Baron Fitzwilliam could then demand a payment from Lady Eleanor, representing the "avail of marriage" – the value of the alliance and potential benefits he lost by her refusal to marry Sir Reginald.

• Example 2: Young Lord Thomas inherited his father's estate and title while still a minor, placing him under the direct guardianship of the King. The King, seeking to secure loyalty and resources for an upcoming military campaign, arranged for Lord Thomas to marry the daughter of a powerful but rebellious northern baron, hoping to bring the baron into the royal fold. Lord Thomas, upon reaching maturity, found the baron's daughter disagreeable and refused the union. The King, asserting his right to the "avail of marriage," could then levy a substantial fine against Lord Thomas, compensating the Crown for the lost strategic alliance and the potential military support that marriage would have secured.

• Example 3: When Sir Geoffrey died, leaving his only daughter, Lady Isabella, as his heir, she became a ward of the local Earl. The Earl intended to marry Lady Isabella to his own younger, landless son, thereby consolidating her valuable estates into his family's holdings. Lady Isabella's extended family, wishing to preserve her independence and prevent the Earl from absorbing her inheritance, offered the Earl a significant sum of money. This payment was made to satisfy the Earl's "avail of marriage" right, compensating him for the financial and territorial benefits he would have gained had the marriage to his son proceeded, thus allowing Lady Isabella to remain unmarried or choose her own spouse later.