Legal Definitions - infra annum luctus

infra annum luctus

The Latin phrase infra annum luctus translates to "within the year of mourning." Historically, this term referred to a specific one-year period following the death of a spouse, particularly a husband, during which the surviving widow was traditionally and often legally prohibited from remarrying. This prohibition served various purposes, including ensuring the legitimacy of any children born after the husband's death, allowing a period for grief, and upholding social customs regarding respect for the deceased.

• Example 1: Inheritance and Legitimacy

  Consider a historical scenario where a wealthy landowner's wife, Lady Eleanor, passes away. Six months later, the landowner remarries. If a child is born to his new wife shortly after the second marriage, the concept of infra annum luctus might be invoked by relatives of the first wife. They could argue that the quick remarriage and subsequent birth raise questions about the child's legitimacy, especially if the law of the time presumed any child born within a year of the first wife's death to be hers for inheritance purposes. This example illustrates how the "year of mourning" could impact the legal recognition of family lineage and inheritance rights.

• Example 2: Social and Religious Sanctions

  Imagine a village in the 17th century where a widow named Martha loses her husband. Eight months later, she becomes engaged to another man from the village, intending to marry him quickly. The local church and community leaders might publicly admonish Martha, citing the tradition of infra annum luctus. They could argue that her hasty remarriage shows disrespect for her deceased husband and violates established social norms for mourning, potentially leading to social ostracization or a refusal by the church to solemnize the new marriage until the full year has passed. This demonstrates the social and religious pressure associated with the term.

• Example 3: Legal Consequences for Property Rights

  In some historical legal systems, specific statutes or decrees explicitly enforced the period of mourning. For instance, a 15th-century law might state that "any widow who contracts a new marriage infra annum luctus of her former husband shall forfeit her dower rights from the first marriage." If a widow, Lady Catherine, remarried ten months after her husband's passing, she would be in direct violation of this statute. Consequently, her claim to the lands and assets that were legally assigned to her as dower from her first marriage could be legally challenged or revoked, illustrating the direct legal penalties tied to the concept.