Legal Definitions - maritagium

The term maritagium is a historical legal concept with several distinct meanings, primarily originating from feudal law in medieval Europe. It refers to different aspects of marriage arrangements and property transfers during that period.

• 1. A Lord's Right to Arrange Marriage or Extract a Fine:

  Historically, maritagium referred to the power held by a feudal lord over their vassals, particularly concerning marriage. This right allowed a lord to arrange marriages for their minor wards (often orphaned heirs or heiresses), or to demand a payment (a fine) from a vassal who wished to marry, especially if the proposed spouse was outside the lord's direct control or influence. This ensured the lord maintained control over land, loyalty, and alliances.

  • Example A: Arranging a Ward's Marriage
    When Sir Alaric, a loyal knight, died leaving behind a young daughter, Lady Lyra, as his sole heir, the local Baron took her into his wardship. The Baron then exercised his maritagium by arranging for Lady Lyra to marry his own younger son, thereby consolidating the valuable lands inherited by Lyra under his family's control. This illustrates the lord's power to dictate the marriage of a minor ward for strategic benefit.

  • Example B: Demanding a Fine for Marriage Permission
    A prosperous miller, who was a vassal of the Earl, wished for his daughter to marry a skilled carpenter from a neighboring village, outside the Earl's direct domain. Before granting permission for the marriage, the Earl demanded a substantial payment from the miller. This payment was a form of maritagium, representing the fine extracted by the lord for allowing his vassal to marry according to their own choice, rather than the lord's direction.

  • Example C: Controlling a Widow's Remarriage
    After the death of a knight who held significant lands from the Duke, his widow, Lady Eleanor, sought to remarry. The Duke, asserting his maritagium, insisted that Lady Eleanor marry a specific knight from his own retinue. This ensured that the lands she controlled through her dower (her widow's portion) would remain under the Duke's influence, preventing them from passing to a rival lord through a less favorable marriage.

• 2. Income from Marriage Fines:

  In this sense, maritagium refers specifically to the financial revenue or income a feudal lord derived from the fines paid by vassals for marriage permission, or from the sale of the right to arrange a ward's marriage.

  • Example A: Lord's Financial Records
    The annual account books of a medieval abbey, which acted as a feudal lord over its tenants, listed several entries under "maritagium." These entries detailed the sums received from various peasant families and minor gentry who paid for the abbey's consent before their children could marry, demonstrating the income generated from these feudal rights.

  • Example B: A Specific Transaction
    A wealthy merchant, holding land directly from the King, paid a significant sum to the royal treasury for the right to arrange his daughter's marriage to a prosperous guild master without royal interference. This payment was recorded as maritagium, highlighting the financial value of the lord's (in this case, the King's) control over marriage arrangements.

• 3. Dower:

  In some contexts, maritagium was used synonymously with dower. Dower refers to the provision, typically a portion of her deceased husband's estate, that a widow was legally entitled to for her maintenance.

• 4. A Marriage Gift or Dowry:

  Distinct from the feudal lord's rights, maritagium could also refer to a gift of property or money given by the bride's parents or relatives to the bride, or to the newly married couple, upon their marriage. This was often intended to help establish the new household or to secure a favorable marriage match, especially for daughters who were not primary heirs.

  • Example A: Establishing a New Household
    When their daughter, Eleanor, married a local craftsman, her parents provided her with a small cottage and a few acres of farmland as her maritagium. This gift was intended to give the new couple a secure start and an independent means of support, rather than being solely dependent on the husband's family.

  • Example B: Securing a Social Match
    To ensure their younger daughter, Lady Catherine, who was not set to inherit the family's main estate, could marry into a prominent noble family, her father offered a substantial sum of gold and a valuable piece of jewelry as her maritagium. This generous marriage gift made her a more attractive prospect to the suitor's family, facilitating a socially advantageous union.

  • Example C: Land for a Cadet Branch
    A powerful baron, wishing to establish a new branch of his family, granted a distant manor and its associated revenues as maritagium to his second son and his new wife. This gift allowed the son to become a lord in his own right, creating a cadet line of the family with its own independent resources.