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The Maritagium from the Eleventh to the Thirteenth Century

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The Maritagium from the Eleventh to the Thirteenth Century The Contract of Marriage: The Maritagium from the Eleventh to the Thirteenth Century by Claire de Trafford Submittedin accordancewith the requirementsfor the degreeof Ph.D. University of Leeds,School of History March, 1999 The candidateconfirms that the work submittedis her own andthat appropriate credit hasbeen given where referencehas been made to the work of others. ACKNOWLEDGEMENTS As with any work a number of acknowledgements are due. In particular I would like to thank my supervisors, Prof. David Crouch and Dr Wendy Childs. They have both been unfailingly helpful and instructive and drawn my attention to many details which I would otherwise have omitted. David has provided me with many advance copies of articles which have provided a wealth of information, and I feel sure that, in the course of training for the priesthood, he has provided spiritual assistance as well. I must also acknowledge the support of the British Academy, which provided the funding which made the thesis possible. I must also thank the staff of the Brotherton Library, the staff of the Huntingdon Library, California (who allowed me to borrow an umbrella when it unseasonably poured with. rain during my visit), and the staff of the Public Record Office. In particular Mr Adrian Jobson provided aid in deciphering one or two of the more faded charters and eyre rolls and made me feel welcome. Dr Paul Brand generously agreed to look at my chapter on the legal material and made many useful comments, in addition to lending me a copy of a paper he had presented at the NYU Legal Colloquium, of which I have shamelessly utilised one particular example. Any errors with this material are, of course, entirely my own. Dr Nicholas Vincent also lent me (via David Crouch), a copy of a forthcoming article which I have also been able to utilise. My thanks also go to my colleagues at Trinity College, Dublin, particularly Aidan Breen and Bernadette Williams. Susan Isherwood at Leeds also provided invaluable aid in checking one or two of the more obscure citations in the Brotherton Library whilst I was in Dublin, taking the time from her own research into Turkey during the Cold War. Finally I would like to thank my friends and family. My family often thought that I would be an eternal student and I'm sure that it was with great relief that they viewed the draft of the thesis at Christmas. Without their support, not least the adoption of my cat for the duration of my stay in Leeds, I doubt that I would have 11 been able to finish the thesis. I have already acknowledged the academic support of Susan Isherwood, but she has also provided me with coffee, beer, and a spare bed when I needed them, and took the thesis to the binders whilst I was in Dublin. My thanks go also to my fellow postgraduates and friends at Leeds, in particular Aarti Aggarwal and Philip Bentley. Finally this thesis is dedicated to David Turner, who despite an engineering background, has pretended an interest in the subject of medieval marriage, and the academic world in general, providing an ear for my thoughts, ravings and rantings in the courseof the last two years. III ABSTRACT The maritagium, or marriage portion, was the gift of land or rents given by a father on the occasion of his daughter's marriage. Using the evidence of the surviving charters, printed and archival, which detail the terms and conditions of this grant, in combination with those charters made by the donees or their heirs which refer to the maritagium, and other evidence such as law suits and administrative records (again printed and manuscript), my thesis examined the actual grant and enjoyment of the maritagium in England. It will be shown that the custom of the maritagium was widespread, if not universal, and penetrated all ranks of society. Furthermore maritagia seem to have been given to more than one daughter, and even, on occasion to illegitimate daughters, when the family could afford to do so. This indicates that medieval society, in this period, did not concentrate its resources in the hands of one heir but distributed land within the family, in contrast to previous work which has emphasised the growing concentration of land in the hands of the male heir. The mechanism and method of granting the portion remained remarkably similar over time, varying only in the amount of land, or rent, given as a portion. In particular the thesis examines the maritagium in relation to the lives of women; the charter and legal evidence had strongly indicated that the maritagium was accounted part of the lands of a woman. Examining the maritagia charters it was evident that the charter language changed over the period to reflect this fact, changing from a gift made from a man to a man with a woman, to a gift made to a couple. This change occurred over the course of the twelfth century but, regardless of who the donee was in the original charter, or what the language used seemed to signify, from the earliest period widows were found in control of their maritagium lands. This fact had important ramifications for the position of women within society; for those women who were not heiresses marriage gave a claim to lands which they could utilise in their widowhoods. Furthermore, and unlike dower, the maritagium resembled inherited land in that it could be permanently alienated by a widow if she so desired. These findings were reinforced by the customs to be found written in iv the works attributed to Glanvill and Bracton, and by the surviving law suits recorded at the eyres of medieval England. In these casesthe rights of women to their maritagia were asserted by widows and reinforced by the courts. In this period the ability to own and alienate land conferred power, and the maritagium gave many women the right to lands and powers which they would otherwise have lacked. This was the case until the enactment of the statute De Donis in 1285 which barred both men and women from alienating the maritagium away from their heirs, or from preventing the reversion to the donor's heirs should they prove childless. This statute, which forms the upper date limit of my thesis, thus had a major impact on the rights of women over their property, and also on the customary arrangements made by families with regard to their lands. The maritagium was not, however, only of relevance to women. It did form an important part of the lands of women who were not heiresses,indeed the practice was linked to female inheritance customs, but during marriage the maritagium was controlled and utilised by the husband. In this way men also participated in the gift. In addition because the maritagium involved the passing of land from one family to another the maritagium enabled marriage to be used as a means of dispute settlement or alliance, political, social or economic. By making prudent marriages a family could also accumulate land near the centre of the patrimony whilst disposing of outlying land as maritagia in turn. The maritagium gift thus played a major role in medieval society. V CONTENTS Acknowledgements i Abstract iii Contents v Figures Viii Abbreviations ix Chapter One: Introduction 1 1.1: Sources Chapter Two: The Medieval Idea of Marriage 12 2.1: The Christian Concept of Marriage in the Middle Ages 2.2: Marriage in Practice 2.3: Marriage in Medieval Literature 2.4: Women and Marriage 2.5: Conclusion Chapter Three: The Earliest Evidence for the Maritagium 44 3.1: Normandy before 1066 3.2: England before 1066 3.3: England, 1066-1200 3.4: Norman and ContinentalMaritagia, 1066-1204 3.5: Reconstructing Early English Maritagia, 1066-c.1150 3.6: Conclusion Chapter Four: Maritagia in Law 77 4.1: Norman Customs 4.2: English Royal Legislation, 1066-1215 4.3: English Legal Theory and Practice in the later Twelfth and Thirteenth Centuries vi 4.4: Women, Maritagia and the Law 4.5: Borough Customs 4.6: The Later Thirteenth Century: The Statute De Donis 4.7: Conclusion Chapter Five: The Grant of the Marriage Portion 116 5.1: The Charters 5.2: Charter Protocol 5.3: Donors in the Charters 5.4: The Dispositio 5.6: Entailing the Land 5.7: Reversion Clauses 5.8: Liberum Maritagium versusMaritagium: Tenure of the Marriage Portion 5.8: Warranting the Maritagia 5.9: Purchasing a Marriage Portion 5.10: The Size of the Maritagium 5.11: The Thirteenth Century and Beyond 5.12: Conclusion Chapter Six: The Contract of Marriage 162 6.1: Strategies of Marriage 6.2: Heirs and Other Children 6.3: Wardsand Widows 6.4: Marriage Conventiones 6.5: Conclusion Chapter Seven: Maritagia and Men 197 7.1: The Donors or their Heirs 7.2: Confirming the Gift 7.3: A Husband's Use of the Maritagium 7.4: Sons VII 7.5: Conclusion Chapter Eight: Women and their Maritagia 224 8.1: The Maritagia of Sisters 8.2: The Maritagia of Nuns? 8.3: Bastard Daughters 8.4: Maritagia and Parcenry 8.5: Women's Land 8.6: Married Women 8.7: Widows 8.8: Conclusion Conclusion 257 Appendix One 264 Appendix Two 277 Bibliography 280 VII' FIGURES Figure One:Donors in all maritagia 121 Figure Two: Relationship of donors to donees 124 Figure Three: Recipients of the maritagia 132 Figure Four: Entail on the maritagia 138 Figure Five: Chart showing the relationship between the type of maritagium and the service it owed 146 Figure Six: Family Tree of Muriel Jaunvers 243 IX ABBREVIATIONS Beauchamp The Beauchamp Cartulary: Charters 1100- 1268, ed.
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