Document 2/137/24 (Robertson, Concilia Scotiae, ii, 237-8)
- Description
- Pope Innocent III writes to the archdeacon of St Andrews answering his question that if a land has been given to someone, not in inheritance or feu, but only to be held for his lifetime, and if he afterward settled a third part of it as a dowry on his wife, whether when the husband dies the wife ought to have the dowry for her lifetime, since the church is bound to protect the dowries of widows. Also, if a land is given heritably and in feu to a man and his heir, procreated by a lawful wife, and if this man, having granted part of the same to his wife as a dowry, dies without offspring, whether the wife ought hold that dowry of right, and whether the church should in this case make a stand on her behalf, or whether on the death of the husband such land should return into the possession of whoever originally granted it. The pope answers thus: Since in regular course no one can transfer to another fuller rights than what he himself possesses, a man to whom land has been granted on the foresaid conditions cannot bequeath to his wife what he has no claim to possess save for his lifetime, nor can his wife hold a part of the land by grant of her husband as a marriage settlement – unless he, to whom the lordship of that land belongs, wishes to consent. As for the second inquiry, although the church ought to show itself favourable in the case of widows, the favour of the church must not be contrary to justice. Furthermore, the archdeacon should not forget that according to legal sanctions a wife is said to bring her husband a dowry, whereas the man is said to make his wife a marriage settlement.
- Firm date
- 1203
- Dating Notes
- Given in Robertson as 1203
- Source for Data Entry
- Robertson, Concilia Scotiae, ii, App. 3, pg. 237-8
- Trad. ID
- Robertson, Concilia Scotiae, ii, 237-8
- Calendar number
- 2/137/24
- Charter type
- Papal letter
- Language
- Latin
- Notes
- Cooper, Select Scottish Cases, no. 1