Legal Definitions - de lucranda dote

The historical legal term de lucranda dote refers to a specific type of spousal agreement, common in past centuries, which stipulated that if a wife died, her husband would have the legal right to retain her dowry. This meant the dowry would not revert to her family or heirs but would instead become a permanent part of the husband's assets or estate.

Here are some examples illustrating how this term would apply:

• Imagine a marriage between Lady Eleanor, whose family provides a substantial dowry of valuable lands and a chest of gold, and Lord Thomas, a nobleman seeking to expand his estate. Their marriage contract includes a de lucranda dote clause. If Lady Eleanor were to tragically pass away a few years into the marriage, perhaps without having children, Lord Thomas, under this agreement, would legally keep the lands and gold from her dowry. He would not be required to return these assets to Lady Eleanor's family, thereby permanently enriching his own estate through the dowry.

• Consider a merchant family in the 16th century. Young Isabella marries a promising but less affluent businessman, Marcus. Her dowry consists of a significant sum of money and several valuable trade goods, intended to help Marcus establish and grow his trading ventures. Their marriage agreement explicitly states de lucranda dote. Should Isabella die, Marcus would not be obligated to return the dowry funds or goods to Isabella's parents or siblings. This allows him to continue utilizing that capital and those assets for his business, demonstrating how the agreement secured the dowry's benefit for the husband even after his wife's death.

• In a royal or aristocratic context, a powerful Duke arranges for his daughter, Princess Amelia, to marry a neighboring Prince, solidifying a crucial political alliance. The dowry is immense, including entire territories, castles, and vast sums of money. To ensure the long-term financial and territorial benefits of this union for the Prince's lineage, a de lucranda dote clause is included in the marriage treaty. This ensures that even if Princess Amelia were to die prematurely, the territories, castles, and wealth she brought as her dowry would remain permanently under the control of her husband and his family, rather than being reclaimed by the Duke's kingdom.