Jure uxoris

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Jure uxoris (a Latin phrase meaning "by right of (his) wife" [1] [2] ) is a title of nobility used by a man because his wife holds the office or title suo jure ("in her own right"). Similarly, the husband of an heiress could become the legal possessor of her lands. For example, married women in England were legally incapable of owning real estate until the Married Women's Property Act 1882.

Latin Indo-European language of the Italic family

Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets and ultimately from the Phoenician alphabet.

Nobility privileged social class

Nobility is a social class normally ranked immediately under royalty and found in some societies that have a formal aristocracy. Nobility possesses more acknowledged privileges and higher social status than most other classes in society. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be largely honorary, and vary by country and era. As referred to in the Medieval chivalric motto "noblesse oblige", nobles can also carry a lifelong duty to uphold various social responsibilities, such as honorable behavior, customary service, or leadership positions. Membership in the nobility, including rights and responsibilities, is typically hereditary.

Suo jure is a Latin phrase, used in English to mean "in his/her own right".

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Kings who ruled jure uxoris were regarded as co-rulers with their wives and are not to be confused with kings consort, who were merely consorts of their wives.[ citation needed ]

Middle Ages

During the feudal era, the husband's control over his wife's real property, including titles, was substantial. On marriage, the husband gained the right to possess his wife's land during the marriage, including any acquired after the marriage. [3] Whilst he did not gain the formal legal title to the lands, he was able to spend the rents and profits of the land and sell his right, even if the wife protested. [3]

The concept of jure uxoris was standard in the Middle Ages even for queens regnant. In the Kingdom of Jerusalem, Fulk, King of Jerusalem, Guy of Lusignan, Conrad of Montferrat, Henry II, Count of Champagne and Amalric II of Jerusalem all received their titles as a result of marriage.

Middle Ages Period of European history from the 5th to the 15th century

In the history of Europe, the Middle Ages lasted from the 5th to the 15th century. It began with the fall of the Western Roman Empire and merged into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages.

A queen regnant is a female monarch, equivalent in rank to a king, who reigns in her own right, as opposed to a queen consort, who is the wife of a reigning king, or a queen regent, who is the guardian of a child monarch and reigns temporarily in the child's stead. An empress regnant is a female monarch who reigns in her own right over an empire.

Kingdom of Jerusalem medieval Christian kingdom in the Middle East

The Kingdom of Jerusalem was a crusader state established in the Southern Levant by Godfrey of Bouillon in 1099 after the First Crusade. The kingdom lasted nearly two hundred years, from 1099 until 1291 when the last remaining possession, Acre, was destroyed by the Mamluks. Its history is divided into two distinct periods. The sometimes so-called First Kingdom of Jerusalem lasted from 1099 to 1187, when it was almost entirely overrun by Saladin. After the subsequent Third Crusade, the kingdom was re-established in Acre in 1192, and lasted until that city's destruction in 1291, except for a brief two decades in which Frederick II of Hohenstaufen reclaimed Jerusalem back into Christian hands after the Sixth Crusade. This second kingdom is sometimes called the Second Kingdom of Jerusalem or the Kingdom of Acre, after its new capital. Most of the crusaders who settled there were of French origin.

Sigismund of Luxembourg married Queen Mary of Hungary and obtained the crown through her, retaining it after her death. After the death of Sigismund, Albert II of Austria inherited the throne of Hungary by marrying the king's daughter Elizabeth of Luxembourg.

Elizabeth of Luxembourg Princess and Queen Consort of Hungary and Bohemia, and Regent of Hungary

Elizabeth of Luxembourg was queen consort of Germany, Hungary and Bohemia.

A king jure uxoris could remain king even after the death or divorce of his wife. When the marriage of Marie I of Boulogne and Matthew of Boulogne was annulled in 1170, Marie ceased to be countess, while Matthew I continued to reign until 1173. In some cases, the kingdom could pass to the husband's heirs, even when they were not issue of the wife in question (cf. Jogaila, who became king by marrying Jadwiga and passed on the kingdom to his children with Sophia of Halshany).

Jadwiga of Poland Queen regnant of Poland

Jadwiga, also known as Hedwig, was the first female monarch of the Kingdom of Poland, reigning from 16 October 1384 until her death. She was the youngest daughter of Louis the Great, King of Hungary and Poland, and his wife Elizabeth of Bosnia. Jadwiga was a member of the Capetian House of Anjou, but she had more close forebears among the Polish Piasts. In 1997 she was canonized by the Roman Catholic Church.

Sophia of Halshany or Sonka Olshanskaya was a Grand Duchy of Lithuania princess of Halshany. As the fourth and last wife of Jogaila, King of Poland and Supreme Duke of Lithuania, she was Queen consort of Poland (1422–1434). As the mother of Władysław III, King of Poland and Hungary, and Casimir IV, Grand Duke of Lithuania and King of Poland, she was the founder of the Jagiellon dynasty.

Kings jure uxoris in the medieval era include:

Renaissance

By the time of the Renaissance, attitudes had changed in some countries: a woman sometimes remained monarch, with only part of her power transferred to her husband. This was usually the case when multiple kingdoms were consolidated, such as when Isabella and Ferdinand shared crowns.

The precedent of jure uxoris complicated the lives of Henry VIII's daughters, both of whom inherited the throne in their own right. The marriage of Mary I to King Philip in 1554 was seen as a political act, as an attempt to bring England and Ireland under the influence of Catholic Spain. Parliament passed the Act for the Marriage of Queen Mary to Philip of Spain specifically to prevent Philip from seizing power on the basis of jure uxoris. As it turned out, the marriage produced no children, and Mary died in 1558, ending Philip's jure uxoris claims in England and Ireland, as envisaged by the Act, and was followed by the accession of Elizabeth I. She, in turn, resolved concerns over jus uxoris by never marrying.

In Navarre, Jeanne d'Albret had married Antoine of Navarre in 1548, and she became queen regnant at her father's death in 1555. Antoine was crowned co-ruler jure uxoris with Jeanne in August.

Partial transference of power

In Great Britain, husbands acted on their wives' behalf in the House of Lords, from which women were once barred. These offices were exercised jure uxoris.

When Lady Priscilla Bertie inherited the title Baroness Willougby de Eresby in 1780, she also held the position of Lord Great Chamberlain. However, her husband Sir Peter Gwydyr acted on her behalf in that office instead.

Conditions

In Portugal, a male consort could not become a king jure uxoris until the queen regnant had a child and royal heir. Although Queen Maria II married her second husband in 1836, Ferdinand of Saxe-Coburg-Gotha did not become King Ferdinand II until 1837, when their first child was born. Queen Maria's first husband, Auguste of Beauharnais, never became monarch, because he died before he could father an heir. The queen's child did not have to be born after her accession. For example, Queen Maria I already had children by her husband when she acceded, so he became King Peter III at the moment of his wife's accession.

Currently in Spain, the husband of a peeress in her own right may use his wife's title socially[ citation needed ], although he is not technically entitled to it under the law. For example, Jaime de Marichalar was often referred to as the Duke of Lugo during his marriage to Infanta Elena, Duchess of Lugo. After their divorce, he ceased to use the title. His brother-in-law Iñaki Urdangarin was referred to as the Duke of Palma before corruption allegations prompted the King to take action. Since 12 June 2015, he is no longer referred to as the Duke of Palma de Mallorca, following the removal of that title from his wife, Infanta Cristina.

See also

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References

  1. In Latin, jure is the ablative case of jus, meaning a legal right.
  2. Black, HC (1968), Law Dictionary (4th ed.), citing Blackstone, Commentaries, 3, p. 210.
  3. 1 2 Emanuel, Steven L. (2004). Property. New York: Aspen Publishers, inc. p. 121.