or Marchetta Mulierum, is commonly supposed to have been a right which, during the prevalence of the feudal system, the lord had of passing the first night after marriage with his female vassal. This opinion has been held by the greater part of our antiquarians; and we have adopted it in our history of Scotland published in the Encyclopaedia. It appears, however, to be a mistake. That there was a custom called merchetta mulierum, which prevailed not only in England, Scotland, Wales, and the isle of Guernsey, but also on the continent, is indeed a fact unquestionable; but Mr Aitle has clearly proved, that, instead of being an adulterous connection, the merchetta was a compact between the lord and his vassal for the redemption of an offence committed by that vassal's unmarried daughter. He admits, however, that it denoted likewise a fine paid by a fakeman or a villain to his lord, for a licence to marry his daughter to a free man; and that if the vassal gave her away without obtaining such a licence, he was liable to pay a heavier fine. He quotes two authorities in support of his opinion from Bracton; one of which we shall transcribe, as being alone complete evidence.

"Ric. Burce tenet unum mensuarium et debet telligium sectam curiae, et merchet, hoc modo, quod si mariare voluerit filiam suam cum quadam libera homine, extra villam, faciet pacem domini pro maritatio, et si eam mariterit aliqui culturario ville, nihil debuit pro maritacio."

"The probable reason of the custom (says Mr Aitle) appears to have been this. Persons of low rank, residing on an estate, were either acripti glebae, or were subjected to some species of servitude similar to the acripti glebae. They were bound to reside on the estate, and to perform several services to the lord. As women necessarily followed the residence of their husbands, the consequence was, that when a woman of low rank married a stranger, the lord was deprived of part of his live stock; he therefore required a fine to indemnify him for the loss of his property." Further particulars on the merchetta are to be found in the Appendix to vol. iii of Sir David Dalrymple's Annals of Scotland.