Legal Definitions - super praerogativa regis

The term super praerogativa regis refers to a historical legal writ, or formal order, issued in medieval England. It was specifically used against a widow whose late husband held land directly from the King (known as a "tenant-in-chief"). This writ was invoked if the widow remarried without first obtaining the King's explicit permission.

In the feudal system, the King had significant control over his tenants and their lands. This included the right to approve marriages, especially for widows of important landholders, to ensure loyalty, prevent the transfer of valuable estates to undesirable parties, and maintain political stability. Remarrying without royal consent was considered an infringement upon the King's prerogative (his special rights and powers).

• Example 1: Lady Eleanor's husband, Sir Thomas, held the prosperous Barony of Ashworth directly from the Crown in exchange for military service. After Sir Thomas's death, Lady Eleanor, still relatively young, secretly married a minor lord from a neighboring county without consulting King Edward I. Upon learning of the marriage, the King's court would issue a super praerogativa regis writ against Lady Eleanor, demanding an explanation or imposing a fine, as her remarriage could be seen as a threat to the Crown's control over the Barony and its military resources.
• Example 2: Following the death of her husband, Lord Robert, who held extensive agricultural lands and several lucrative market towns directly from the King, Lady Catherine found herself a wealthy widow. Wishing to secure her future and that of her children, she accepted a marriage proposal from a powerful baron from a rival faction without seeking royal approval. The King, concerned about the political implications and the potential loss of influence over these valuable territories and their revenues, would initiate a super praerogativa regis action to assert his authority and potentially penalize Lady Catherine for her unauthorized union.
• Example 3: Agnes, the widow of a royal forester who held his office and associated lands directly from the King, decided to remarry a local merchant. While her husband's holdings were not as vast as a baron's, they were still part of the King's direct patronage and administration. Her decision to remarry without royal permission, though perhaps less politically impactful than a noble's, would still be seen as a breach of feudal custom and royal prerogative. A super praerogativa regis writ could be issued to remind her of her obligations and to ensure the King's authority was acknowledged, possibly resulting in a fine or a requirement to seek retrospective approval.