A precontract is a legal contract that precedes another; in particular it can refer to an existing promise of marriage with another. Such a precontract would legally nullify any later marriages into which either party entered. The practice was common in the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...

, and the allegation of a precontract was the most common means of dissolving a marriage by the medieval ecclesiastical courts. Richard III of England claimed his brother Edward IV had entered into a marriage precontract with

Lady Eleanor Talbot Lady Eleanor Talbot ( – June 1468), also known by her married name Eleanor Butler (or Boteler), was an English noblewoman. She was a daughter of John Talbot, 1st Earl of Shrewsbury. After the death of Edward IV of England in 1483 it was cla ...

prior to Edward's later marriage to Elizabeth Woodville. The claim is now largely, though not universally, regarded to be false; if true, it would have meant that Edward's sons by Elizabeth, the '

Princes in the Tower The Princes in the Tower refers to the apparent murder in England in the 1480s of the deposed King Edward V of England and Richard of Shrewsbury, Duke of York. These two brothers were the only sons of King Edward IV and Elizabeth Woodville sur ...

', would have been

illegitimate Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...

and Richard, rather than they, would have inherited the throne upon Edward IV's death. This claim was the basis on which Richard III displaced and replaced his nephew Edward V as king, and the boy king and his brother disappeared in the

Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is sep ...

, missing presumed murdered.

References

{{reflist, 1 Contract law