Found that he who refuses an offer of marriage, will not be allowed afterwards to accept of it.
It is no disparagement that the person offered has no estate, disparagement consisting only in blood, bodily defects, or inequality of age.
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Anent the action pursued by —— against Martin Crichton of Cranston-riddel, as assignee to David, Cardinal of St Andrews, who was donatar to the said Martin's marriage, to the King; it was alleged by the said pursuer, That the said Martin should pay to him the single avail of his marriage; because the said pursuer had required the said Martin to marry a sufficient party offered to him in marriage. It was alleged by the said Martin, That the said party offered to him in marriage was a great disparage, because she was the daughter of a man of small heritage. It was alleged by the pursuer, That the disparage could not come in by lands or goods, but only in blood; and also it was alleged by the pursuer, That the woman offered to the said Martin was of as great blood, and greater than himself was; and albeit it were not, it is manifest in the law of the Majesty, in legibus forest arum, that this is no disparagement, but only in villanis sive burgensibus; which allegeance of the pursuer was admitted by the Lords. And thereafter, it was alleged by the defender, That he was yet unmarried, and was content to marry the woman offered to him by the said pursuer. To which it was answered, That the party offered to him was not obliged to tarry so long time unmarried; and, in the mean time, was married by another man; which allegeance of the said defender was repelled, and the allegeance of the said pursuer admitted.
Fol. Dic. v. 1. p. 568, 569. Maitland, MS. p. 188.
