Legal Definitions - maritage

Maritage is a historical legal term that refers to two main concepts, primarily within feudal systems:

• Firstly, it referred to the right of a feudal lord to arrange the marriage of a ward (an heir, often a minor, under the lord's guardianship). The lord could demand a payment if the ward refused the proposed marriage or married without the lord's consent. This right was a significant source of income and control for feudal lords.

• Secondly, and more broadly, it could refer to the property or money given by a bride's family to her husband upon marriage. This was similar to what is commonly known as a dowry, intended to help establish the new household, provide for the bride's future, or contribute to the couple's financial stability.

Here are some examples illustrating these historical applications:

• Example 1 (Feudal Lord's Right): In medieval England, if a wealthy landowner died leaving a young daughter as his sole heir, she would become a ward of the Crown or another powerful lord. This lord would then have the right of maritage, meaning he could propose a suitable husband for her, often someone who would strengthen his own alliances or provide a substantial payment. If the daughter, upon reaching marriageable age, decided to marry someone else without the lord's permission, she or her chosen spouse would owe a significant fine to the lord for infringing upon his right of maritage.

• Example 2 (Property with the Bride): Imagine a prosperous merchant's family in 17th-century France arranging a marriage for their daughter. As part of the marriage contract, the family might provide a substantial sum of money, a piece of land, or valuable goods to the groom. This contribution, considered the daughter's maritage, would serve as her portion of the family's wealth and help the newlywed couple establish their own independent household or business, ensuring their financial standing.