Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
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 transacting
her own concerns, without the intervention of the king, as if she was
an unmarried woman.
[Footnote b: 4 Rep. 23.]
[Footnote c: Seld. _Jan. Angl._ 1. 42.]
[Footnote d: _Cod._ 5. 16. 26.]
[Footnote e: Selden tit. hon. 1. 6. 7.]
[Footnote f: Finch. L. 86. Co. Litt. 133.]
THE queen hath also many exemptions, and minute prerogatives. For
instance: she pays no toll[g]; nor is she liable to any amercement in
any court[h]. But in general, unless where the law has expressly
declared her exempted, she is upon the same footing with other
subjects; being to all intents and purposes the king's subject, and
not his equal: in like manner as, in the imperial law, "_augusta
legibus soluta non est_[i]."
[Footnote g: Co. Litt. 133.]
[Footnote h: Finch. L. 185.]
[Footnote i: _Ff._ 1. 3. 31.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account