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Tag Archives: jure uxoris

June 16, 1586: Mary I, Queen of Scots names King Felipe II of Spain as hier and successor

16 Thursday Jun 2022

Posted by liamfoley63 in Featured Monarch, Kingdom of Europe, Royal Succession, This Day in Royal History

≈ 2 Comments

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Elizabeth I of England, Felipe II of Spain, Henry VIII of England, Holy Roman Emperor Charles V, jure uxoris, Mary I of England, Mary I of Scotland, Spanish Armada, Spanish Empire

Felipe II (May 21, 1527 – September 13, 1598) was the son of Emperor Charles V and Isabella of Portugal. Felipe II inherited his father’s Spanish Empire and was the King of Spain from 1556, and succeeded as King of Portugal in 1580 following a dynastic crisis. Felipe II was King of Naples and Sicily from 1554 until his death in 1598.

Felipe II was also jure uxoris King of England and Ireland during his marriage to Queen Mary I of England and Ireland from 1554 until her death in 1558. He was also Duke of Milan from 1540. From 1555, he was Lord of the Seventeen Provinces of the Netherlands.Upon Mary I of England’s death, the throne went to her half-sister as Queen Elizabeth I. Felipe had no wish to sever his tie with England, and had sent a proposal of marriage to Elizabeth.

However, she delayed in answering, and in that time learned Felipe was also considering a Valois alliance. Elizabeth I was the Protestant daughter of Henry VIII and Anne Boleyn.

This union was deemed illegitimate by English Catholics, who disputed the validity of both the annulment of Henry’s marriage to Catherine of Aragon and of his subsequent marriage to Boleyn, and hence claimed that Mary I, Queen of Scots, the Catholic great-granddaughter of Henry VII, was the rightful monarch.For many years Felipe maintained peace with England, and even defended Elizabeth from the Pope’s threat of excommunication.

This was a measure taken to preserve a European balance of power.Ultimately, Elizabeth allied England with the Protestant rebels in the Netherlands. Further, English ships began a policy of piracy against Spanish trade and threatened to plunder the great Spanish treasure ships coming from the New World.

English ships went so far as to attack a Spanish port. The last straw for Felipe was the Treaty of Nonsuch signed by Elizabeth in 1585 – promising troops and supplies to the rebels. Although it can be argued this English action was the result of Felipe’s Treaty of Joinville with the Catholic League of France, Felipe considered it an act of war by England.

On June 16, 1586 Mary I, Queen of Scots, recognizes Felipe II of Spain as her heir and successor to her English claim to the throne. Selecting Felipe II of Spain as heir Mary’s English throne was a move to return both England Catholic Churc. as Mary’s son, King James VI of Scotland, had been raised as a Protestant and was ruling that Kingdom.

However, the execution of Mary I, Queen of Scots for treason against Elizabeth I, in 1587 ended Felipe’s hopes of placing a Catholic on the English throne. He turned instead to more direct plans to invade England and return the country to Catholicism.In 1588, he sent a fleet, the Spanish Armada, to rendezvous with the Duke of Parma’s army and convey it across the English Channel.

However, the operation had little chance of success from the beginning, because of lengthy delays, lack of communication between Felipe II and his two commanders and the lack of a deep bay for the fleet.

At the point of attack, a storm struck the English Channel, already known for its harsh currents and choppy waters, which devastated large numbers of the Spanish fleet. There was a tightly fought battle against the English Royal Navy; it was by no means a slaughter (only one Spanish ship was sunk), but the Spanish were forced into a retreat, and the overwhelming majority of the Armada was destroyed by the harsh weather.

Whilst the English Royal Navy may not have destroyed the Armada at the Battle of Gravelines, they had prevented it from linking up with the army it was supposed to convey across the channel. Thus whilst the English Royal Navy may have only won a slight tactical victory over the Spanish, it had delivered a major strategic one—preventing the invasion of England.Through a week of fighting the Spanish had expended 100,000 cannonballs, but no English ship was seriously damaged.

However, over 7,000 English sailors died from disease during the time the Armada was in English waters.The defeat of the Spanish Armada gave great heart to the Protestant cause across Europe.

The storm that smashed the Armada was seen by many of Felipe’s enemies as a sign of the will of God. Many Spaniards blamed the admiral of the Armada for its failure, but Felipe, despite his complaint that he had sent his ships to fight the English, not the elements, was not among them.

History of Male British Consorts Part III

21 Friday May 2021

Posted by liamfoley63 in Featured Monarch, Kingdom of Europe

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By Right of Wife, Elizabeth I of England and Ireland, jure uxoris, Male Consorts, Philip II of Spain, royal wedding, Spain

Marriage question

From the start of Elizabeth’s reign, it was expected that she would marry and the question arose to whom. Although she received many offers for her hand, she never married and was childless; the reasons for this are not clear.

Historians have speculated that Thomas Seymour had put her off sexual relationships. She considered several suitors until she was about fifty. Her last courtship was with François, Duke of Anjou, 22 years her junior.

While risking possible loss of power like her sister, who played into the hands of King Felipe II of Spain, marriage offered the chance of an heir. However, the choice of a husband might also provoke political instability or even insurrection.

One of the reasons that Elizabeth I of England never may have been due to the legal concept of Jure uxoris (a Latin phrase meaning “by right of (his) wife”). This term describes 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 and Wales were legally incapable of owning real estate until the Married Women’s Property Act 1882.

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. 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. The concept of jure uxoris was standard in the Middle Ages even for queens regnant.

By the time of the Renaissance, 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 when Isabella of Castile and Fernando II-V of Aragon shared crowns.

As we noted in the marriage of Mary I and Felipe II created a precedent for a jure uxoris unions. Parliament passed the Act for the Marriage of Queen Mary to Felipe of Spain specifically to prevent Felipe from seizing power on the basis of jure uxoris. The Act established the limits Felipe had as a jure uxoris King of England and Ireland.

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 jure uxoris by never marrying.

Throughout her Reign Queen Elizabeth I demonstrated that she intended to maintain control and authority over the government and sharing power was not something high on her agenda. Also, prospects of her marrying for political Alliance was something she used for her advantage during those years when she was still considered of childbearing age.

History of Male British Consorts Part I.

13 Thursday May 2021

Posted by liamfoley63 in Featured Monarch, Kingdom of Europe, Royal Genealogy, Royal House, Royal Succession, Royal Titles

≈ 2 Comments

Tags

Carlos I of Spain, Charles V Holy Roman Empire, House of Habsburg, House of Tudor, jure uxoris, Kings and Queens of England, Mary I of England, Mary Tudor, Philip II of Spain, Royal Marriages

Mary Tudor was England’s first queen regnant. As mentioned in the initial post announcing the series, Mary I of England is acknowledged as the first Queen to reign in her own right despite the brief, disputed reigns of the Empress Matilda and Lady Jane Grey.

In 1554, Mary married the future King Felipe II of Spain, becoming queen consort of Habsburg Spain on his accession in 1556. He was the eldest son of Holy Roman Emperor Charles V, who is also Carlos I of Spain, and Eleanore of Portugal.

Felipe’s father arranged this marriage to 37-year-old Queen Mary I of England, Charles’ maternal first cousin. Charles V ceded the crown of Naples, as well as his claim to the Kingdom of Jerusalem, to Felipe in order to give his son equal status to his wife upon their marriage.

Their marriage at Winchester Cathedral on July 24, 1554 took place just two days after their first meeting. Lord Chancellor Gardiner and the House of Commons petitioned Mary to consider marrying an Englishman, preferring Edward Courtenay.

On the part of Felipe, the marriage was purely political. Felipe had no amorous feelings toward Mary and sought the marriage for its political and strategic gains; Felipe’s aide Ruy Gómez de Silva wrote to a correspondent in Brussels, “the marriage was concluded for no fleshly consideration, but in order to remedy the disorders of this kingdom and to preserve the Low Countries.”

Although England was enlightened enough to allow a woman to be Sovereign Queen in her own right, equality of the sexes was still a long way off because under the English common law doctrine of jure uxoris, all property and titles belonging to a woman became her husband’s upon marriage. Because of this law it was feared that any man married to Queen Mary would thereby become King of England in fact and in name.

While Mary’s grandparents, Fernando II of Aragon Isabella I of Castile (and Felipe’s great-grandparents) had retained sovereignty of their own realms during their marriage, there was no precedent to follow in England.

Both Mary and Felipe were descended from John of Gaunt, the Duke of Lancaster, son of King Edward III of England, a relationship that was used to portray Felipe as an English king.

Incidentally, because Felipe descended from an earlier marriage of John of Gaunt, it is genealogically accurate that he had a greater hereditary right to the throne because the House of Tudor’s thin claim to the English crown stemmed from John of Gaunt’s third marriage which at first did not give succession rights to their descendants.

It can also be claimed that despite a thin blood claim to the English throne the House of Tudor became Kings of England by right of conquest and not right of hereditary succession.

Under Mary’s marriage treaty with Felipe, the official joint style and titles reflected not only Mary’s royal domains but also Felipe’s dominions and claims. Upon their Marriage they were titled: “Felipe and Mary, by the grace of God, King and Queen of England, France, Naples, Jerusalem, and Ireland, Defenders of the Faith, Princes of Spain and Sicily, Archdukes of Austria, Dukes of Milan, Burgundy and Brabant, Counts of Habsburg, Flanders and Tyrol”.

This style, which had been in use since 1554, was replaced when Felipe inherited the Spanish Crown in 1556 with “Felipe II and Mary, by the Grace of God King and Queen of England, Spain, France, both the Sicilies, Jerusalem and Ireland, Defenders of the Faith, Archdukes of Austria, Dukes of Burgundy, Milan and Brabant, Counts of Habsburg, Flanders and Tyrol.”

With Mary eager to enter into marriage with Felipe of Spain, therefore the legal parameters of this Union had to be ironed out in a Act of Parliament.

Under the terms of Queen Mary’s Marriage Act, Felipe was to be styled “King of England”, in all official documents (including Acts of Parliament) which were to be dated with both their names, and Parliament was to be called under the joint authority of the couple.

On the surface this may seem like Mary and Felipe II were joint sovereigns but this was not the case. Felipe’s title, King of England and Ireland, was during Mary’s lifetime only.

Despite holding the title of King, Felipe’s powers were restricted. England would not be obliged to provide military support to Felipe’s father, the Emperor, in any war. When Felipe came to the Spanish throne this stipulation was also adhered to.

As King, Felipe could not act without his wife’s consent or appoint foreigners to offices in England. Felipe was unhappy at these conditions imposed upon him but he was ready to agree for the sake of securing the marriage.

After Felipe II’s visit in 1557, Mary once again thought she was pregnant, with a baby due in March 1558. She decreed in her will that her husband would be the regent during the minority of their child. But no child was born, and Mary was forced to accept that her half-sister Elizabeth would be her lawful successor.

Mary was weak and ill from May 1558. In pain, possibly from ovarian cysts or uterine cancer, she died on November 17, 1558, aged 42, at St James’s Palace, during an influenza epidemic. She was succeeded by Elizabeth. Felipe, who was in Brussels, wrote to his sister Joan: “I felt a reasonable regret for her death.

Upon Mary’s death Felipe cease to be king of England and Ireland. However, he was not so willing to let go of this power and prestigious titles. As we we’ll see in the next post Felipe desired to marry Elizabeth in order to remain being King of England.

This was the first of two times in English history that the husbands of a reigning Queen Regnant were granted the title “King of England.” However, there were difference in each of these occasions. Felipe held the royal title as a Consort but as we shall see in the case of Willem of Orange, he was a full sovereign.

Ironically, Felipe II of Spain and Willem of Orange were the spouses of Queen Mary I of England and Ireland and Queen Mary II of England, Scotland and Ireland, respectively.

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