FREE BOOKS

Author's List




PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   >>   >|  
THE first and most considerable branch of the king's royal family, regarded by the laws of England, is the queen. THE queen of England is either queen _regent_, queen _consort_, or queen _dowager_. The queen _regent_, _regnant_, or _sovereign_, is she who holds the crown in her own right; as the first (and perhaps the second) queen Mary, queen Elizabeth, and queen Anne; and such a one has the same powers, prerogatives, rights, dignities, and duties, as if she had been a king. This was observed in the entrance of the last chapter, and is expressly declared by statute 1 Mar. I. st. 3. c. 1. But the queen _consort_ is the wife of the reigning king; and she by virtue of her marriage is participant of divers prerogatives above other women[a]. [Footnote a: Finch. L. 86.] AND, first, she is a public person, exempt and distinct from the king; and not, like other married women, so closely connected as to have lost all legal or separate existence so long as the marriage continues. For the queen is of ability to purchase lands, and to convey them, to make leases, to grant copyholds, and do other acts of ownership, without the concurrence of her lord; which no other married woman can do[b]: a privilege as old as the Saxon aera[c]. She is also capable of taking a grant from the king, which no other wife is from her husband; and in this particular she agrees with the _augusta_, or _piissima regina conjux divi imperatoris_ of the Roman laws; who, according to Justinian[d], was equally capable of making a grant to, and receiving one from, the emperor. The queen of England hath separate courts and officers distinct from the king's, not only in matters of ceremony, but even of law; and her attorney and solicitor general are intitled to a place within the bar of his majesty's courts, together with the king's counsel[e]. She may also sue and be sued alone, without joining her husband. She may also have a separate property in goods as well as lands, and has a right to dispose of them by will. In short, she is in all legal proceedings looked upon as a feme sole, and not as a feme covert; as a single, not as a married woman[f]. For which the reason given by Sir Edward Coke is this: because the wisdom of the common law would not have the king (whose continual care and study is for the public, and _circa ardua regni_) to be troubled and disquieted on account of his wife's domestic affairs; and therefore it vests in the queen a power of
PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   >>   >|  



Top keywords:
England
 

separate

 

married

 
marriage
 

public

 

distinct

 

consort

 

capable

 

regent

 

husband


courts

 
prerogatives
 

matters

 
ceremony
 
imperatoris
 

Justinian

 

making

 

general

 

solicitor

 

receiving


emperor

 

attorney

 

officers

 

equally

 

intitled

 
continual
 

wisdom

 

common

 

affairs

 

domestic


troubled

 

disquieted

 
account
 

Edward

 

property

 

joining

 

conjux

 

dispose

 

counsel

 

single


reason
 
covert
 

proceedings

 

looked

 

majesty

 
observed
 

duties

 
powers
 
rights
 

dignities