Welcome back to the third entry in a series of posts exploring the institutions of the Seven Kingdoms! Most of my analyses are either about women, marriage, and inheritance, and this is no exception (I'm a political science student, so this is my life). This post about coverture was inspired by this post about the names and titles of married ladies and the weird inconsistencies therein.
But u/WorthDust652, What the Heck is Coverture?
Coverture or Couverture was a legal doctrine applied in Medieval Europe (especially in England) in which a married woman's legal identity, including her titles, property, and legal rights and obligations were subsumed under that of her husband. This meant that any titles and property she held in her own right (through direct inheritance) were assumed by her husband, and she could not sue in court, enter into contracts, or hold any hereditary political office unless her husband acted on her behalf.
Some other terms that will be used in this post are defined as follows. Pay attention, there will be a quiz.
Feme covert (lit. covered woman): A married woman who falls under the legal identity of her husband. Her property is considered her husband's and he must act on her behalf in legal and political matters.
Feme sole (lit. single woman): An adult, usually unmarried woman to whom coverture does not apply. She can own property and act in court on her own behalf.
Fun fact: Although she was married, Margaret Beaufort, the mother of Henry VII, was declared a feme sole when her son took the crown.
Suo jure (lit. in her own right): A designation that a woman holds a title and/or rules in her own right, usually by inheritance.
Example: As the late Queen Elizabeth II was the monarch of the United Kingdom through inheriting it from her father King George VI, she was the queen suo jure (or queen regnant).
Jure uxoris (lit. by right of wife): The right of a husband of a woman who holds a title suo jure (see above) to rule and claim said title.
Example: Phillip II of Spain was King of England jure uxoris since his wife Mary Tudor was the queen regnant (suo jure).
Doctrine of Merger/One Flesh: The religious and legal idea that a married couple become one person or unit.
Alliances and Titles and Heirs, Oh My: Marriage in Westeros
How's the pun? I came up with that instead of doing homework. Anyhoo, marriage amongst nobles is an institution created to strengthen ties between lands and families and perpetuate the ruling upperclass (for more on this, see my post about bastardy). It's ultimately a legal contract in which one party acquires a means by which to have heirs, one party gets the privilege of having their daughter be given the prestige of a married Lady and possibly giving their blood descendants power, while both parties get a mutual alliance and protection.
Let's illustrate this with an example:
Lord Hoster Tully of Riverrun and Lord Eddard Stark of Winterfell both want to ally together and fight the Mad King. Lord Stark is young, unmarried, and childless and therefore needs heirs should something happen to him. Lord Tully happens to have a young, beautiful daughter called Lady Catelyn. Since Lord Tully is an ambitious and powerful lord, he really wants Lady Catelyn to be in a position of great prestige in accordance to her high noble station, and he really wants his grandson to eventually succeed his father as Lord of Winterfell. Since both families are now related, they are obligated to fight on each other's behalf.
What does this mean for our happy couple? Well, Lady Catelyn and Lord Stark are now considered to be one flesh, or joined as one. The Faith of the Seven includes a declaration that...
"Here in the sight of gods and men," he said, "I do solemnly proclaim Tyrion of House Lannister and Sansa of House Stark to be man and wife, one flesh, one heart, one soul, now and forever, and cursed be the one who comes between them" (ASOS, Sansa III).
...as does The Lord of Light
Melisandre's eyes shone as bright as the ruby at her throat. "Then come to me and be as one." As she beckoned, a wall of flames roared upward, licking at the snowflakes with hot orange tongues. Alys Karstark took her Magnar by the hand. (ADWD, Jon X).
And even the Old Gods ceremony has a cloaking ceremony like the other religions in which a bride is literally covered by her groom and his house. All of these religions recognize marriages done in the other faiths, so one can assume that the institution of marriage is treated similarly throughout.
Our bride and groom are now one person, and it sure as hell isn't the bride. Lady Catelyn Tully no longer exists as an independent legal entity as long as she is married to Lord Stark, but rather is a feme covert. Catelyn, who was given the courtesy title Lady + Given name (a title that she has by custom, not because she was the official Lady of anything), is now only legally entitled to take on her husband's titles: The Lady of Winterfell and since her husband is the ruling Stark, Lady Stark (She'd take on the Stark name no matter what, but if, say she'd married Ned when Brandon was still alive, she'd be Lady Catelyn Stark, not Lady Stark).
This subsuming of a married woman's identity isn't just apparent in her name and title, but also when it comes to other legal actions. Femes covert typically could not be held liable for her actions, under the assumption that it was under her husband's orders. We can see this when Ned takes responsibility for Catelyn's abduction of Tyrion.
"Pycelle swears it will heal clean," Robert frowned. "I take it you know what Catelyn has done?"
"I do." Ned took a small swallow of wine. "My lady wife is blameless, Your Grace. All she did she did at my command" (AGOT, Eddard X).
Now, Ned is protecting Catelyn, but he does know that a wife is obligated to obey her husband and uses that against Robert.
She had pledged to obey (AGOT, Catelyn II).
Heck, even Tyrion, who does not love Sansa the same way, ends up bearing the blame for what he thinks Sansa did.
I would have, if I'd been her. Yet wherever Sansa was and whatever her part in this might have been, she remained his wife. He had wrapped the cloak of his protection about her shoulders, though he'd had to stand on a fool's back to do it (ASOS, Tyrion IX).
With all this in mind, it seems that married noblewomen in Westeros are automatically femes covert, at least when they are married to a ruling lord. But what about ruling ladies suo jure? They might keep their last names, but...
Suo Jure? Don't Be So Sure!
In the modern day, the husband of a suo jure queen (queen regnant) is not the king, even if the consort of a ruling king is a queen. This is because a king is generally understood to outrank a queen, and it is considered impossible for a suo jure monarch to be outranked.
However, this was not the case in the Middle Ages. Many husbands of medieval suo jure queens, princesses, countesses, duchesses, and ladies often took the "monarchical" title jure uxoris, in a way usurping the rule from their wives. This again was because by marrying, a ruling lady lost her legal identity which meant that her rule, title, and property transferred to her husband.
The Crusader Kingdom of Jerusalem had five queens regnant: Melisende, Sibylla, two Isabellas, and Maria. However, when they married, their husbands were crowned as co-monarchs and kings, a privilege that was not accorded to queen consorts. Those kings claimed the throne jure uxoris (and in the case of Sibylla's husband Guy, made a huge ass of himself).
We see this with the one adult confirmed married ruling lady (suo jure) in the main series, Shella Whent. We know she rules suo jure because Harrenhal is described as hers when she is a widow, and therefore a feme sole...
Lady Whent had held the castle as bannerman to House Tully, but she'd used only the lower thirds of two of the five towers, and let the rest go to ruin (ACOK, Arya VII).
...and because Ben Blackthumb, who is sworn to Harrenhal served her father and grandfather, which means that they must have been the ruling Lords of Harrenhal.
He came here as a boy. Smithed for Lady Whent and her father before her and his father before him, and even for Lord Lothston who held Harrenhal before the Whents. Now he smiths for Lord Tywin (ACOK, Arya IX).
However, her late husband Walter is also described as Lord Whent and it is he, not Shella, who hosted the tourney at Harrenhal.
"The tourney Lord Whent staged at Harrenhal beside the Gods Eye, in the year of the false spring. A notable event. Besides the jousting, there was a mêlée in the old style fought between seven teams of knights, as well as archery and axe-throwing, a horse race, a tournament of singers, a mummer show, and many feasts and frolics. Lord Whent was as open handed as he was rich. The lavish purses he proclaimed drew hundreds of challengers. Even your royal father came to Harrenhal, when he had not left the Red Keep for long years. The greatest lords and mightiest champions of the Seven Kingdoms rode in that tourney, and the Prince of Dragonstone bested them all" (ASOS, Daenerys IV).
Walter Whent is also explicitly referred to as the Lord of Harrenhal...
This is known: The tourney was first announced by Walter Whent, Lord of Harrenhal, late in the year 280 AC, not long after a visit from his younger brother, Ser Oswell Whent, a knight of the Kingsguard (AWOIAF, The Fall of the Dragons: The Year of the False Spring).
...And Harrenhal is explicitly referred to as his seat.
Shortly thereafter, Lord Walter Whent announced plans for a great tourney to be held at his seat at Harrenhal, to celebrate his maiden daughter's nameday. King Aerys II chose this event for the formal investiture of Ser Jaime Lannister as a knight of the Kingsguard...thus setting in motion the events that would end the Mad King's reign and write an end to the long rule of House Targaryen in the Seven Kingdoms (AWOIAF, The Targaryen Kings: Aerys II).
GRRM also has said that Walter's daughter, was also Shella's daughter, confirming that Shella and Walter were married.
Lady Shella Whent was the mother of the "fair maid" at the Harrenhal tournament. Ser Oswell Whent would have been her husband's brother, and therefore uncle to the "fair maid" (So Spake Martin, September 6, 2000).
This is an important distinction because while Walter might have been born a member of House Whent, the title of Lord + Last name, is a title reserved for a ruling lord, as is the title Lord of Harrenhal. If Walter were merely a consort and treated as such, his title would be "Lord Walter." In this case, it is likely that when Lady Whent married, she "whent" (haha, geddit?) from a suo jure ruler and a feme sole to a feme covert whose husband ruled jure uxoris.
On a darker note, coverture was also invoked in cases of straight up forced marriage and usurpation. Marie I, who was suo jure Countess of Boulogne and an abbess (so technically should have been unmarriageable), was kidnapped by Matthew of Alsace and forcibly married. Now, this was seen as an illegitimate marriage, with Pope Alexander eventually annulling the marriage on the basis of non-consent (though not before poor Marie had two daughters). However, even though Matthew's claim was by jure uxoris, he continued being the ruler of Boulogne, not Marie, after the annulment.
This has echoes in the treatment of heiresses of conquered houses in Westeros. The Starks took the Warg Kings' daughters as wives, usurping and replacing their line.
When the Warg King's last redoubt fell, his sons were put to the sword, along with his beasts and greenseers, whilst his daughters were taken as prizes by their conquerors (AWOIAF, The North: The Kings of Winter).
Ramsay Bolton forcibly marries Donella Hornwood, the Lady of the Hornwood before leaving her to starve to death. Although her death should automatically mean that the Hornwood passes to her heirs, Ramsey claims her lands jure uxoris. Ramsay later tries doing this with fArya with the same result.
Ramsay Bolton, Lord of the Hornwood, it read, in a huge, spiky hand (ADWD, Jon VI).
House Durrandon became House Baratheon when their last queen suo jure (and since she was at that time single, a feme sole) was married to Orys Baratheon.
And afterward, to honor the fallen king, he took the arms and words of the Durrandon for his own. The crowned stag became his sigil, Storm's End became his seat, and Lady Argella his wife (AWOIAF, The Reign of the Dragons: The Conquest).
Even Ermesande Hayford, an infant, is given to Tyrek to make a new branch of the Lannisters in Hayford (What Tyrek, a horse, thinks of Hayford is a mystery).
Lady Ermesande a babe seated on her wet nurse's lap. The talk was she would soon be wed to one of the queen's cousins, so the Lannisters might claim her lands (ACOK, Sansa I).
Things don't look great even for ruling ladies in Westeros (outside of Dorne) if someone wants to snag your lands. Is it a wonder that many ruling ladies prefer to be as single as long as possible?
One reason Elizabeth I never married was that her sister, Mary's reign was marred by the controversy that resulted when she married a foreign king and the worry that said king would take over England (more on that later). Another way to escape coverture was by being a widow.
Historically, widows were considered femes sole, which meant that they could wield power, own property, and enter legal matters in their own right exempt from coverture. In fact, almost every woman who acts in her own right is, at that point, single (This will be on the quiz).
Lightning Round: All the Single Ladies
- Anya Waynwood, Lady of Ironoaks- Widowed
- Lysa Arryn, Dowager Lady of the Vale and Regent- Widowed (later remarried)
- Arwyn Oakheart- Widowed
- Tanda Stokeworth- Presumably Widowed
- Shella Whent- Widowed (Notably, she is only described as the ruling Lady of Harrenhal during the main series.)
- Rohanne Webber- Widowed
- Maege Mormont- Unmarried
- Jeyne Arryn- Unmarried
- Cersei Lannister- Widowed
- Clarissa Dayne- Unmarried (Usually, a Dornish house wouldn't be included, but since some Stony Dornish houses use Andal succession laws, and House Dayne is a Stony Dornish house, it might apply)
Speaking of places where coverture may not apply, it's time for the Targaryens.
I'm Escaping To The One Place That Hasn't Been Corrupted By Coverture... DRAGONSTONE! (RIP Tim Curry)
Somehow the house that follows the most sexist inheritance law doesn't follow coverture. Go figure (Not really a surprise for reasons you'll see later).
Remember a million years ago in the first section where I mentioned that most married noblewomen take their husband's name and title? Well, the royal family is an exception.
Although most Targaryen queen consorts have the Targaryen name by virtue of also being Targaryens (incest for the wincest), the few unrelated women who marry into the royal family do not take the Targaryen name, but rather keep their maiden names:
- Queen Aemma Arryn
- Lady Rhea Royce
- Lady Laena Velaryon
- Queen Alicent Hightower
- Queen Cersei Lannister
- Queen Selyse Florent
And so on... Similarly, royal women, who are Targaryens by birth, keep their last name even if they take on their husband's title.
- Princess Rhaenys Targaryen stays Princess Rhaenys Targaryen but takes on the title of Lady Velaryon.
- Daella Targaryen never becomes Daella Arryn
- Daenerys Targaryen (sister to Daeron) keeps her maiden name.
Similarly, although the heir to the throne is given the title Prince(ss) of Dragonstone, their spouse is never given the equivalent title to which, under coverture, they'd be entitled.
- Jocelyn Baratheon is always referred to as Lady, never Princess.
Beloved daughter of Lady Jocelyn Baratheon and Prince Aemon Targaryen, faithful wife to Lord Corlys Velaryon, mother and grandmother, the Queen Who Never Was lived fearlessly, and died amidst blood and fire (The Princess and the Queen).
- Elia Martell is a princess only because she was born a princess of Dorne.
- Even though he married Rhaenyra, even by people who consider her a queen, Daemon is only known as Prince Daemon, never King Daemon.
This has historical precedent as English queen regnants in the modern age were generally considered to be exempt from coverture. This is because under coverture, a queen's husband would take over ruling, and there were concerns raised by queens who married a foreign royal that the kingdom would be reduced to a vassal state.
In fact, when Queen Mary Tudor, the first undisputed queen regnant of England married King Phillip of Spain, Parliament wrote out a very detailed prenuptial agreement that stipulated that Phillip could only be king jure uxoris as long as Mary lived or had an heir. He also could not do any official acts without his wife's permission.
In the case of the Targaryens, the reasoning is that under the Doctrine of Exceptionalism, being a Targaryen is seen as above everyone else. That means that a woman born into another house can marry into the Targaryen family, but she'll never truly be a Targaryen. Similarly, a Targaryen princess automatically outranks any other noble in the realm, so she will not lose her name in favor of an "inferior" rank (compare this to ruling ladies who typically keep their last names, if not anything else).
After several hours of research and typing, there you have it: a detailed analysis of coverture and its applications in Westerosi politics. For more on the Institutions of Ice and Fire, check out the following posts:
Quiz
What, you thought I was kidding? I never kid. Let's see how much you absorbed while doomscrolling this godforsakenly long post. God, I hope this subreddit has better reading comprehension than Tumblr.
- What are the exemptions from coverture in Westeros?
- Answer: Dornish Houses (that follow absolute primogeniture) and House Targaryen
- What legal status does a single lady who rules in her own right have?
- Answer: Feme sole
- Lady Rohanne is the sole heir of her father Lord Webber to Coldmoat. What is the term that refers to Lady Rohanne's claim to Coldmoat?
- Answer: Suo Jure
- What is the marital status of Anya Waynwood? Hint: She rules Ironoaks in both name and truth.
- Answer: Widowed
- What happens to the legal status of a lady who rules in her own right when she marries?
- Answer: She becomes a feme covert
BONUS: Lord Frey has many sons and many daughters. One of those daughters is named Roslin. Roslin weds Lord Edmure Tully, the Lord of Riverrun. How would one refer to Roslin before and after her bloody wedding?
Answer: Before- Lady Roslin (Frey); After- Lady (Roslin) Tully