medieval-religion: Scholarly discussions of medieval religion and culture
He could be legitimated after the fact, a process called sanatio in radice; see The juridical effects of the sanatio in radice;
a historical synopsis and a commentary. By Thomas Charles Ryan (Washington, Catholic University of America Press, 1955).
Tom Izbicki
Thomas Izbicki
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medieval-religion: Scholarly discussions of medieval religion and culture
This is a simplified version of a real case.
I would appreciate any comments by those knowledgeable in Canon Law.
Lady Anne marries Lord Henry when they are both children. It is a political marriage to keep a wavering vassal in line.
When Lady Anne reaches puberty, the marriage is consummated and she gives birth to a daughter who subsequently dies unmarried.
Lord Henry joins rebels, is defeated, goes into exile and is attainted. His forfeited lands go to Lady Anne. Lady Anne & Lord Henry are judicially separated and Lady Anne institutes a suit to have the marriage annulled. Consanguinity is plausible.
Lady Anne forms an attachment to Sir Thomas, a gentleman of her household.
The rebels, including Lord Henry, invade, are defeated and Lord Henry is left for dead on the battlefield.
News of his "death" is brought to Lady Anne who in good faith contracts a private marriage with Sir Thomas without consulting her kinsfolk.
A few weeks later Lady Anne learns that Lord Henry is still alive and in custody as a rebel. She and Sir Thomas break off marital relations, but subsequently Lady Anne gives birth to Sir Thomas's son. The child is sent away and reared secretly by Lady Anne's sister.
The marriage of Lady Anne & Lord Henry is annulled.
Lady Anne & Sir Thomas marry (again) in haste.
Lady Anne gives birth to Sir Thomas' indisputably legitimate daughter and dies in childbed. This girl survives and is clearly her mother's heiress.
Lord Henry dies. Sir Thomas dies.
Question: The son whom Anne gives birth to before her marriage is annulled survives. What kind of claim would he have (if any), when he is adult, on the estate of his mother ? Presumably he is illegitimate, but his mother believed herself to be a lawfully married woman at the time of his conception.
Brenda M.C.
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