VIDUA REGIS

4 definitions found across Law Mind sources

VIDUA REGISAuthored
The Law Mind • 695 words
Definition
In old English law, the widow of a tenant in capite — that is, a tenant who held land directly from the Crown. Literally translated from the Latin as "the king's widow," the term reflects the feudal principle that the Crown retained a special supervisory interest over such a woman following her husband's death. She was subject to three distinct royal prerogatives: she could not remarry without the king's permission; her dower was assigned to her by or through the Crown's authority rather than as a matter of private right; and the king stood as her formal patron and defender. The concept belongs to the feudal tenurial system that defined English landholding from the Norman Conquest through the abolition of most tenures in capite by the Tenures Abolition Act 1660. It was not a title of honor but a legal status with practical and enforceable consequences.
Why It Matters in Research
This term appears almost exclusively in sources dealing with medieval and early modern English feudal tenure, and researchers are unlikely to encounter it outside that context. It is a term of the old law — vestigial in post-1660 English legal writing and entirely absent from American practice. Several research traps are worth noting. First, the term can be misread as an honorific rather than a legal status. The "king's widow" phrasing implies a personal relationship to the Crown that did not exist; it was the tenure of the deceased husband that triggered the status, not any connection to the royal household. Second, the restraint on remarriage was enforceable and commercially significant: the Crown could and did license remarriage, sometimes for a fee, making this a revenue mechanism as well as a feudal control. Researchers tracing the property history of particular estates or examining wardship and marriage records in Chancery or Exchequer sources should be alert to the term as a marker of tenure in capite, not merely a domestic status. Third, the intersection with dower is important. Dower rights for a vidua regis were not self-executing in the ordinary common law sense. Royal assignment or at minimum royal oversight was required, which distinguishes her position from the ordinary widow's common law dower. This distinction may affect how dower claims appear in historical plea rolls and other records. The term connects to the broader administrative apparatus of feudal incidents — wardship, marriage, relief, and escheat — all of which the Crown exercised over tenants in capite and their families.
Historical Dictionary Support
All three source dictionaries — Black's (1st and 2nd editions) and Burrill — reproduce essentially the same entry, each citing Spelman as the authority. The consistency across sources reflects near-total reliance on a single antiquarian source (Sir Henry Spelman's Glossarium Archaiologicum) rather than independent analysis. None of the dictionaries expand on the procedural mechanisms by which royal consent to remarriage was obtained, nor do they address how dower assignment differed in practice from the ordinary common law process. Burrill identifies the language as "L. Lat." (Law Latin), which is accurate and useful: the term does not appear in classical sources but belongs to the technical Latin of medieval English legal documents and records. The Black's entries translate the term as "a king's widow" without qualification, which is serviceable but slightly misleading in implying a personal rather than tenurial connection to the Crown. What all three sources omit is context: the term is intelligible only within the framework of tenure in capite, the feudal incidents system, and the Crown's broader role as superior lord. Researchers relying solely on these dictionary entries without that background may underestimate the term's legal and practical significance.
Jurisdictional Note
Vidua regis is a concept of English feudal law with no American counterpart. Tenure in capite was never established in the colonies, and feudal incidents including restraint on remarriage were not received into American law. The term has no operative significance outside English legal history prior to 1660.
Related Terms
Tenant in capite; tenure in capite; dower; wardship; marriage (feudal incident); relief; escheat; feudal incidents; Tenures Abolition Act 1660; widow's quarantine (quarantine); paraphernalia
VIDUA REGISmain
Black's Law Dictionary • 1891
In old English law. A king's widow. The widow of a tenant in capite. So called, because she was not al- lowed to marry a second time without the king's permission; obtaining her dower also from the assignment of the king, and having the king for her patron and defender. Spel- man.
VIDUA REGISmain
Black's Law Dictionary (2nd Ed.) • 1910
Lat. In old English law. <A king’s widow. The widow of a tenant in capite. So called, because she was not allowed to marry a second time without the king’s permission; obtaining her dower also from the assignment of the king, and having the king for her patron and defender. Spelman.
VIDUA REGISmain
Burrill's Law Dictionary • 1870
L. Lat. In old English law. A king's widow. The widow of a tenant in capite. So called, because she was not allowed to marry a second time without the king's permission; obtaining her dower also from the assignment of the king, and having the king for her patron and defender. Spelman.

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