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
THE husband of a queen regnant, as prince George of Denmark was to
queen Anne, is her subject; and may be guilty of high treason against
her: but, in the instance of conjugal fidelity, he is not subjected to
the same penal restrictions. For which the reason seems to be, that,
if a queen consort is unfaithful to the royal bed, this may debase or
bastardize the heirs to the crown; but no such danger can be
consequent on the infidelity of the husband to a queen regnant.
A QUEEN _dowager_ is the widow of the king, and as such enjoys most of
the privileges belonging to her as queen consort. But it is not high
treason to conspire her death; or to violate her chastity, for the
same reason as was before alleged, because the succession to the crown
is not thereby endangered. Yet still, _pro dignitate regali_, no man
can marry a queen dowager without special licence from the king, on
pain of forfeiting his lands and goods. This sir Edward Coke[a] tells
us was enacted in parliament in 6 Hen. IV, though the statute be not
in print. But she, though an alien born, shall still be intitled to
dower after the king's demise, which no other alien is[b]. A queen
dowager, when married again to a subject, doth not lose her regal
dignity, as peeresses dowager do their peerage when they marry
commoners. For Katherine, queen dowager of Henry V, though she married
a private gentleman, Owen ap Meredith ap Theodore, commonly called
Owen Tudor; yet, by the name of Katherine queen of England, maintained
an action against the bishop of Carlisle. And so the queen of Navarre
marrying with Edmond, brother to king Edward the first, maintained an
action of dower by the name of queen of Navarre[c].
[Footnote a: 2 Inst. 18.]
[Footnote b: Co. Litt. 31 _b._]
[Footnote c: 2 Inst. 50.]
THE prince of Wales, or heir apparent to the crown, and also his royal
consort, and the princess royal, or eldest daughter of the king, are
likewise peculiarly regarded by the laws. For, by statute 25 Edw. III,
to compass or conspire the death of the former, or to violate the
chastity of either of the latter, are as much high treason, as to
conspire the death of the king, or violate the chastity of the queen.
And this upon the same reason, as was before given; because the prince
of Wales is next in succession to the crown, and to violate his wife
might taint the blood royal with bastardy: and the eldest daughter of
the king is also alone inheritable to the crown, in failure of issue
male, and therefore more respected by the laws than any of her younger
sisters; insomuch that upon this, united with other (feodal)
principles, while our military tenures were in force, the king might
levy an aid for marrying his eldest daughter, and her only. The heir
apparent to the crown is usually made prince of Wales and earl of
Chester, by special creation, and investiture; but, being the king's
eldest son, he is by inheritance duke of Cornwall, without any new
creation[d].
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