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Hence it is easy to collect, that the title to the crown is · at present hereditary, though not quite so absolutely hereditary
as formerly: and the common stock or ancestor, from whom the descent must be derived, is also different. Formerly the common stock was king Egbert; then William the conqueror; afterwards in James the first's time the two common stocks united, and so continued till the vacancy of the throne in 1688: now it is the princess Sophia, in whom the inheritance was vested by the new king and parliament. Formerly the descent was absolute, and the crown went to the next heir without any restriction : but now, upon the new settlement, the inheritance is conditional ; being limited to such heirs only, of the body of the princess Sophia, as are protestant members of the church of England, and are married to none but protestants..
And in this due medium consists, I apprehend, the true constitutional notion of the right of succession to the imperial crown of these kingdoms. The extremes, between which it steers, are each of them equally defiructive of those ends for which societies were formed and are kept on foot. Where the magistrate, upon every succession, is elected by the peo. ple, and may by the express provision of the laws be deposed (if not punished) by his subjects, this may sound like the perfection of liberty, and look well enough when delineated on paper ; but in practice will be ever productive of tumult, contention, and anarchy. And, on the other hand, divine indefeasible hereditary right, when coupled with the doctrine of unlimited passive obedience, is surely of all constitutions the most thoroughly flavish and dreadful. But when such an hereditary right, as our laws have created and vested in the royal stock, is closely intervoven with those liberties, which, we have seen in a former chapter, are equally the inheritance of the subject ; this union will form a constitution, in theory the most beautiful of any, in practice the most approved, and, I trust, in duration the moit permanent. It was the duty of an expounder of our laws to lay this constitution before the student in it's true and genuine light: it is the duty of every good Englishman to understand, to revere, to defend it.
CHAPTER THE FOURTH,
OF THE KING'S ROYAL FAMILY.
T HE first and most considerable branch of the king's
1 royal family, regarded by the laws of England, is the queen.
The queen of England is either queen regent, queen confort, or queen dowager. The queen regent, regnant, or for vereign, 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 i Mar. I. st. 3.c.1.(1). But the queen confort is the wife of the reigning king; and she, by virtue of her marriage, is participant of divers prera gatives above other women a.
a Finch. L. 86.
(1) Mary being the first queen that had sat upon the English throne, this statute was passed, as it declares, for “ the exın“ guishment of the doubt and folly of malicious and ignorant “ persons," who might be induced to think that a queen could not exercise all the prerogatives of a king.
And, first, the 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 pure chase 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 s: a privilege as old as the Saxon aeraç. She is also capable of taking a grant from the king, which no other wife is from her husband; and in this particular the agrees with the Augufta, or piifima regina conjux divi imperatoris of the Roman laws; who, according to Justinian “, was equally capable of making a grant to, and receiving one from, the em- [ 219 ] peror. The queen of England hath separate courts and offices distinct from the king's, not only in matters of ceremony, but even of law; and her attorney and folicitor general are entitled to a place within the bar of his majesty's courts, together with the king's counselo, She may likewise 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 fole, and not as a feme covert; as a single, not as a married woman'. For which the reason given by fir 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.
The queen hath also many exemptions, and minute pretogatives. For instance: she pays no toll 8; nor is she liable to any amercement in any court". But in general, un
04 Rep. 23.
Seld. Jan. Argl, 1. 42. & Cud. . 16. 26. • Seld, tit. non. 1. 6.7.
? Finch. L. 86. Co. Lite 133.
Co. Litt. 1:33.
less where the law has expressly declared her exempted, the 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, « Augufta legibus soluta 6C non efti."
The queen-hath also some pecuniary advantages, which form her a distinct revenue : as, in the first place, she is entitled to an antient perquisite called queen-gold, or aurum ree ginae ; which is a royal revenue, belonging to every queen consort during her marriage with the king, and due from every person who hath made a voluntary offering or fine to the king, amounting to ten marks or upwards, for and in
consideration of any privileges, grants, licences, pardons, or [ 220 ] other matter of royal favour conferred upon him by the king:
and it is due in the proportion of one tenth part more, over and above the entire offering or fine made to the king; and becomes an actual debt of record to the queen's majesty by the mere recording of the finek As, if an hundred marks of filver be given to the king for liberty to take in mortmain, or to have a fair, market, park, chase, or free-warren: there, the queen is entitled to ten marks in silver, or (what was formerly an equivalent denomination) to one mark in gold, by the name of queen-gold, or ar:rum reginae'. But no such payment is due for any aids or subsidies granted to the king in parliament or convocation; nor for fines imposed by courts on offenders, against their will; nor for voluntary presents to the king, without any confideration moving from him to the subject; nor for any fale or contract whereby the present revenues or possessions of the crown are granted away or diminified".
The original revenue of our antient queens, before and foon after the conquest, seems to have consisted in certain reservations or rents out of the demesne lands of the crown,
i Ff. 1. 3. 31.
Ibid. Pryn. 6. Madox. hifi. esch.
which were expressly appropriated to her majesty, distinct from the king. It is frequent in domesday book, after specifying the rent due to the crown, to add likewise the quantity of gold or other renders reserved to the queen". These were frequently appropriated to particular purposes; to buy wool for her majesty's use, to purchase oil for her lampsl, or to furnith her attire from head to foot?, which was frequently very costly, as one single robe in the fifth year of Henry II stood the city of London in upwards of fourscore pounds". [ 221 ] A practice somewhat similar to that of the eastern countries, where whole cities and provinces were specifically assigned to purchase particular parts of the queen's apparel. And, for a farther addition to her income, this duty of queen-gold is supposed to have been originally granted; those matters of grace and favour, out of which it arose, being frequently obtained from the crown by the powerful intercession of the queen. There are traces of it's payment, though obscure ones, in the book of domesday and in the great pipe-roll of Henry the first'. In the reign of Henry the second the manner of collecting it appears to have been well understood, and it forms a distinct head in the antient dialogue of the exchequer" written in the time of that prince, and usually attributed to Gervase of Tilbury. From that time downwards it was regularly claimed and enjoyed by all the queen cona forts of England till the death of Henry VIII; though after the accession of the Tudor family the collecting of it seems
Bedefordfiire Maner. Leftone redd. II. ibid.) Civitas Lund. cordlubarariore. per annuna exii lib. c.: ad opus regia ginaxx s. (Mag. rot. 2. Hen. II. Manae ii uncias auri. - Herefirdfiire. 19. dox hift. exch. 419.) Lene, &c, coníuerad. ui fraepofitus 101.3 Proroba ad op!'s regirae, quater xxl. ncr ii veniente dumira sua (regina) in ma- . & qis. vii. d. ( Mag. rot. 5 1.1. 11. ner. praefentaret ei xviii oras diner. ulef- ibid. 250.) fer if ja laeto animo. Pryn. Append. to s Solere aiunt bartaros reges Persar::. Asr. Reg. 2, 3.
ac Syro,uniuxuribus civitates artribu" o Causa coadunandi 1:2007 reginae. ere, boc mado; baec civitas mulieririi. Domesd. ibid.
mitalum praebeat, baec in culium, haec in P Civias Lundon. Pro oleo ad lamp crines, &'c. (Cic. in Verrem, lib. 3. cap. ad. regina:. (Mag. rui tip. temp. llen. 33.) II. ibid.)
See Madox Disieptat. epfirlar. ;4. * Vicecomes Berkecire, xvil.procappa Pryn. Eur. Res. Append. j. riginae. (Mug. rot. pit. 19.-22 Her. lib. 2. c. 26.