Jure uxoris
 | This articleneeds additional citations forverification.(March 2010) |
Jure uxoris(aLatinphrase meaning "by right of (his) wife" )[1][2]describes a title ofnobilityused by a man because his wife holds the office or titlesuo 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 and Wales were legally incapable of owning real estate until theMarried Women's Property Act 1882.
Middle Ages[edit]
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 ofjure uxoriswas standard in theMiddle Ageseven forqueens regnant.In theKingdom of Jerusalem,Fulk, King of Jerusalem;Guy of Lusignan;Conrad of Montferrat;Henry II, Count of Champagne;andAmalric II of Jerusalemall received their titles as a result of marriage. Another famous instance ofjure uxorisoccurring was in the case ofRichard Neville, 16th Earl of Warwick,who gained said title via his marriage toAnne Beauchamp, 16th Countess of Warwick,herself a daughter ofRichard Beauchamp, 13th Earl of Warwick.
Sigismund of Luxembourgmarried QueenMary of Hungaryand obtained the crown through her, retaining it after her death in 1395.
A man who held a titlejure uxoriscould retain it even after the death or divorce of his wife. When the marriage ofMarie I of BoulogneandMatthew of Boulognewas annulled in 1170, Marie ceased to be countess, while Matthew I continued to reign until 1173. Likewise, upon the death ofMaria, Queen of Sicilyin 1401, her widowerMartin I of Sicilycontinued to reign as King until his death in 1409. In some cases, the kingdom could pass to the husband's heirs, even when they were not issue of the wife in question (e.g.Jogaila,who became king by marryingJadwigaand passed on the kingdom to his children withSophia of Halshany).
Kingsjure uxorisin the medieval era include:
- Philip I of Navarre,who was married toJoan I of Navarre
- Frederick II, Holy Roman Emperor,who was namedKing of Jerusalemby virtue of his marriage toIsabella II of Jerusalem
- Louis I of Naples,whose wife wasJoanna I of Naples
- Philip III of Navarre,who was married toJoan II of Navarre
- John I of Castile,who was a claimant to the throne of Portugal by virtue of his marriage toBeatrice of Portugal
- Guy of Lusignan,who ruled asKing of Jerusalemby right of marriage toSibylla of Jerusalem
- Władysław II Jagiełło,who ruled asKing of Polandby right of his marriage toJadwiga of Poland
Renaissance[edit]
By the time of theRenaissance,laws and customs 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 whenIsabella and Ferdinandshared crowns.
The precedent ofjure uxoriscomplicated the lives ofHenry VIII's daughters, both of whom inherited the throne in their own right. The marriage ofMary ItoKing Philipin 1554 was seen as a political act, as an attempt to bring England and Ireland under the influence of Catholic Spain. Parliament passed theAct for the Marriage of Queen Mary to Philip of Spainspecifically to prevent Philip from seizing power on the basis ofjure uxoris.As it turned out, the marriage produced no children, and Mary died in 1558, ending Philip'sjure uxorisclaims in England and Ireland, as envisaged by the Act, and was followed by the accession ofElizabeth I,who never married.
InNavarre,Jeanne d'Albrethad marriedAntoine of Navarrein 1548, and she became queen regnant at her father's death in 1555. Antoine was crowned co-rulerjure uxoriswith Jeanne in August.
Partial transference of power[edit]
In Great Britain,[clarification needed]husbands acted on their wives' behalf in theHouse of Lords,from which women were once barred. These offices were exercisedjure uxoris.
WhenLady Priscilla Bertieinherited the titleBaroness Willougby de Eresbyin 1780, she also held the position ofLord Great Chamberlain.However, her husbandSir Peter Gwydyracted on her behalf in that office instead.
Conditions[edit]
In Portugal, a male consort could not become a kingjure uxorisuntil thequeen regnanthad a child and royal heir. AlthoughQueen Maria IImarried her second husband in 1836, Ferdinand of Saxe-Coburg-Gotha did not becomeKing Ferdinand IIuntil 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 Ialready had children by her husband when she acceded, so he becameKing Peter IIIat 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 Marichalarwas often referred to as the Duke of Lugo during his marriage toInfanta Elena, Duchess of Lugo.After their divorce, he ceased to use the title. His brother-in-lawIñaki Urdangarinwas 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[edit]
References[edit]
- ^In Latin,jureis theablative caseofjus,meaning a legal right.
- ^Black, H. C. (1968),Law Dictionary(4th ed.),citingBlackstone,Commentaries,vol. 3, p. 210.
- ^abEmanuel, Steven L. (2004).Property.New York: Aspen Publishers, inc. p. 121.