House law or House laws (''Hausgesetze'') are rules that govern a
royal family
A royal family is the immediate family of kings/queens, emirs/emiras, sultans/ sultanas, or raja/ rani and sometimes their extended family. The term imperial family appropriately describes the family of an emperor or empress, and the term ...
or
dynasty
A dynasty is a sequence of rulers from the same family,''Oxford English Dictionary'', "dynasty, ''n''." Oxford University Press (Oxford), 1897. usually in the context of a monarchical system, but sometimes also appearing in republics. A ...
in matters of eligibility for
succession to a throne, membership in a dynasty, exercise of a
regency
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
, or entitlement to dynastic
rank
Rank is the relative position, value, worth, complexity, power, importance, authority, level, etc. of a person or object within a ranking, such as:
Level or position in a hierarchical organization
* Academic rank
* Diplomatic rank
* Hierarchy
* H ...
,
titles
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
and
styles. Prevalent in European monarchies during the nineteenth century, few countries have house laws any longer, so that they are, as a category of law, of more historical than current significance. If applied today, house laws are mostly upheld by members of royal and princely families as a matter of
tradition
A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
.
Some dynasties have
codified house laws, which then form a distinct section of the laws of the
realm
A realm is a community or territory over which a sovereign rules. The term is commonly used to describe a monarchical or dynastic state. A realm may also be a subdivision within an empire, if it has its own monarch, e.g. the German Empire.
Etym ...
, e.g.,
Monaco
Monaco (; ), officially the Principality of Monaco (french: Principauté de Monaco; Ligurian: ; oc, Principat de Mónegue), is a sovereign city-state and microstate on the French Riviera a few kilometres west of the Italian region of Lig ...
,
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
,
Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy ...
and, formerly, most of Germany's monarchies, as well as
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
and
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
. Other monarchies had few laws regulating royal life. In still others, whatever laws existed were not gathered in any particular section of the nation's laws. In Germany where many dynasties reigned as more or less independent sovereigns, laws governing dynastic rights constituted a distinct branch of jurisprudence called private princely law (''Privatfürstenrecht'').
Dynastic traditions
In some cases, house laws are rules or traditions that are treated as if they have the force of law. In the United Kingdom an example of this might be considered the custom whereby a wife shares in her husband's hereditary titles and rank. While this is settled
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
with respect to the wives of
peers
Peers may refer to:
People
* Donald Peers
* Edgar Allison Peers, English academician
* Gavin Peers
* John Peers, Australian tennis player
* Kerry Peers
* Mark Peers
* Michael Peers
* Steve Peers
* Teddy Peers (1886–1935), Welsh international ...
and commoners, it is less clear when it comes to consorts of the king and princes. When, in 1923,
Prince Albert, Duke of York
George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952. He was also the last Emperor of Ind ...
became the first male member of the British royal family to marry a non-princess in more than 300 years (with the sovereign's approval), so an announcement was apparently issued by
Buckingham Palace
Buckingham Palace () is a London royal residence and the administrative headquarters of the monarch of the United Kingdom. Located in the City of Westminster, the palace is often at the centre of state occasions and royal hospitality. It ...
and carried in the ''
London Gazette
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
'' and ''
The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', "It is officially announced that, in accordance with the settled general rule that a wife takes the status of her husband,
Lady Elizabeth Bowes-Lyon
Elizabeth Angela Marguerite Bowes-Lyon (4 August 1900 – 30 March 2002) was Queen of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 to 6 February 1952 as the wife of King George VI. She was the l ...
on her marriage has become Her Royal Highness the Duchess of York, with the status of a Princess".
This issue was re-visited by the British government in 1937 and 2005, when the marriages of a former and a future king to divorcées cast into doubt what titulature was appropriate for women who were to become, essentially, the
''private'' wives of royal princes. As can be gleaned from discussions at the time, popular certainty that "a woman is entitled to share her husband's status", has by no means been seen as absolutely clear by government experts and lawyers upon examining the matter.
In the case of the marriage of
Prince Charles
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
to
Camilla Parker Bowles
Camilla (born Camilla Rosemary Shand, later Parker Bowles, 17 July 1947) is Queen Consort of the United Kingdom and the 14 other Commonwealth realms as the wife of King Charles III. She became queen consort on 8 September 2022, upon the acc ...
, in 2005, the matter was settled by the decision that Camilla, whilst entitled to the title Princess of Wales, would only use her secondary title of Duchess of Cornwall, out of respect to public sensibilities, and to her predecessor,
Diana, Princess of Wales
Diana, Princess of Wales (born Diana Frances Spencer; 1 July 1961 – 31 August 1997) was a member of the British royal family. She was the first wife of King Charles III (then Prince of Wales) and mother of Princes William and Harry. Her ac ...
.
Extraordinary law
Where they have existed, dynastic house laws have often been extraordinary compared to other national laws. The house laws of the families of the Austrian and German emperors were not made public until after the fall of the monarchy in 1918. Luxembourg's grand duke has made modifications to his country's dynastic law that remain unknown to the public at present. Russia's house laws were applied—or not—at the tsar's discretion. Even today, the house laws of the dynasty that has exclusive right to succeed to the throne of
Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy ...
may not be amended by either the
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
or
populace
Population typically refers to the number of people in a single area, whether it be a city or town, region, country, continent, or the world. Governments typically quantify the size of the resident population within their jurisdiction using a ...
of the principality, and until the late 1990s the reigning Prince could not be dethroned except according to the house law—which stipulated that ouster was only possible by a vote of his own family members.
Royal marriages
Nearly all house laws have regulated dynasts' right to marry.
Paul I of Russia
Paul I (russian: Па́вел I Петро́вич ; – ) was Emperor of Russia from 1796 until his assassination. Officially, he was the only son of Peter III of Russia, Peter III and Catherine the Great, although Catherine hinted that he w ...
established the house law of the
Romanovs
The House of Romanov (also transcribed Romanoff; rus, Романовы, Románovy, rɐˈmanəvɨ) was the reigning imperial house of Russia from 1613 to 1917. They achieved prominence after the Tsarina, Anastasia Romanova, was married to t ...
(the
Pauline Laws
The Pauline Laws are the house laws of the Romanov rulers of the Russian Empire. The name comes from the fact that they were initially established by Emperor Paul I of Russia in 1797.
Paul I abolished Peter the Great's law that allowed each reign ...
), one of the strictest in Europe. The
consorts __NOTOC__
Consort may refer to:
Music
* The Consort (Rufus Wainwright song), "The Consort" (Rufus Wainwright song), from the 2000 album ''Poses''
* Consort of instruments, term for instrumental ensembles
* Consort song (musical), a characteristic ...
of Russian dynasts had to be "equally born" (i.e., belong to a royal or ruling house) and be approved by the tsar.
While some German dynasties included in their laws language requiring or urging the monarch to consent to any "equal" marriage, some heads of dynastic houses rejected royal matches on behalf of their family members. The French pretender denied his daughter,
Princess Hélène d'Orléans, the opportunity to become Queen Consort of Britain by refusing her permission to convert to
Anglicanism
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...
to marry
Prince Albert Victor, Duke of Clarence
Prince Albert Victor, Duke of Clarence and Avondale (Albert Victor Christian Edward; 8 January 1864 – 14 January 1892) was the eldest child of the Prince and Princess of Wales (later King Edward VII and Queen Alexandra) and grandson of the re ...
. In the late 19th or early 20th centuries the monarchs of Belgium, Russia, and Spain all withheld consent from members of their families to marry for love into foreign dynasties:
Grand Duke Cyril Vladimirovich of Russia
Grand Duke Kirill Vladimirovich of Russia (russian: Кирилл Владимирович Романов; ''Kirill Vladimirovich Romanov''; – 12 October 1938) was a son of Grand Duke Vladimir Alexandrovich of Russia, a grandson of Emperor Al ...
and
Infante Alfonso de Borbon-Orléans of Spain sought to marry a pair of sisters who were also British princesses,
Princess Victoria Melita of Edinburgh
Princess Victoria Melita of Saxe-Coburg and Gotha , later Grand Duchess Victoria Feodorovna of Russia (25 November 1876 – 2 March 1936), was the third child and second daughter of Alfred, Duke of Saxe-Coburg and Gotha, and of Grand Duchess M ...
and
Princess Beatrice of Edinburgh, choosing to
elope
Elopement is a term that is used in reference to a marriage which is conducted in a sudden and secretive fashion, usually involving a hurried flight away from one's place of residence together with one's beloved with the intention of getting ma ...
and endure (temporary)
banishment
Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
rather than obey their sovereigns' commands.
Evolution of dynastic law
European dynasties dethroned at the end of World War I continue to enforce their house laws even though they had no legal authority to do so. Some continued doing so through the 20th century (
Bourbon-Sicily,
Prussia
Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
,
Württemberg
Württemberg ( ; ) is a historical German territory roughly corresponding to the cultural and linguistic region of Swabia. The main town of the region is Stuttgart.
Together with Baden and Hohenzollern, two other historical territories, Würt ...
). Governments in extant monarchies, without calling the legal mechanisms ''house laws'', have generally strengthened their control over the marriages of members of their royal families since the second half of the 20th century. Previously a prince could often
morganatically
Morganatic marriage, sometimes called a left-handed marriage, is a marriage between people of unequal social rank, which in the context of royalty or other inherited title prevents the principal's position or privileges being passed to the spou ...
marry a woman not deemed acceptable as a royal consort, relegating her and their children to a sub-royal status. That is rarely an option anymore. In most
Western Europe
Western Europe is the western region of Europe. The region's countries and territories vary depending on context.
The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the ancient Mediterranean ...
an monarchies of today, a prince must renounce or
forfeit
Forfeit or forfeiture may refer to:
Arts, entertainment, and media
* ''Forfeit'', a 2007 thriller film starring Billy Burke
* "Forfeit", a song by Chevelle from ''Wonder What's Next''
* ''Forfeit/Fortune'', a 2008 album by Crooked Fingers
L ...
membership in the royal house if his chosen spouse is not deemed suitable, e.g.,
Prince Johan-Friso of Orange-Nassau
A prince is a Monarch, male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary title, hereditary, in s ...
.
See also
*
Salic law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
*
Imperial Household Law
is a statute in Japanese law that governs the line of imperial succession, the membership of the imperial family, and several other matters pertaining to the administration of the Imperial Household.
In 2017, the National Diet changed the law ...
*
Hereditary monarchy
A hereditary monarchy is a form of government and succession of power in which the throne passes from one member of a ruling family to another member of the same family. A series of rulers from the same family would constitute a dynasty.
It is h ...
References
{{Authority control
Kinship and descent
Monarchy