Legal Definitions - cum maritagio

The Latin phrase cum maritagio, meaning "with the marriage portion," refers to a historical concept in Scots law. It describes a payment that was due to a feudal superior when their ward—a person under their guardianship, often a minor or an unmarried woman—entered into marriage. This payment compensated the superior for the loss of their feudal rights and control over the ward's marriage arrangements and potential alliances.

Here are some examples illustrating the application of cum maritagio:

• Example 1: The Baron's Ward
  Lady Isabella, a young noblewoman whose parents had passed away, was a ward of Baron MacGregor. When Lady Isabella reached an age where she wished to marry Sir Alistair, Baron MacGregor was entitled to a payment from her estate, or from Sir Alistair himself, cum maritagio. This payment acknowledged the Baron's historical right to control Isabella's marriage and the associated benefits he would lose upon her union.

• Example 2: A Feudal Charter Clause
  A 16th-century feudal charter granting land from a powerful earl to a lesser laird might have included a clause stating that if the laird's heir, while still a minor and under the earl's feudal superiority, were to marry, a specific sum would be due to the earl cum maritagio. This clause ensured the superior received compensation for the marriage of their vassal's heir, reflecting the value placed on controlling such alliances within the feudal system.

• Example 3: The Guardian's Claim
  After the death of Lord Douglas, his young son, Robert, became a ward of the King. When Robert came of age and arranged his marriage to a wealthy heiress, the King's treasury would have claimed a payment cum maritagio. This was a standard feudal right, ensuring the Crown received a financial benefit from the marriage of a significant ward, especially one whose marriage could strengthen or weaken royal influence.