Page:Prerogatives of the Crown.djvu/421

Ch. X VILJ Of the King's Family and Councils. 401 CHAP. XVII. Of the King's Family and Councils, The Queen of England is either — 1. Queen regent^ regnant^ or sovereignly that is, the Queen reigning in her own right, and holding the Crown as her own inheritance, whether married or not. 2. The Queen consort^ that is, the wife of the reigning King ; or, 3. The Queen dowager^ in other words, the King's widow (a). 1. A Queen regent stands in all respects in the same situa- tion as a King of England, is entitled to the same rights and prerogatives, and subject to the same duties (Z>). Her mar- riage does not diminish her powers in the slightest degree ; even her husband would be her subject, and might be guilty of high treason against her as his sovereign {c), 2. The King's consort possesses of course no share of the kingly authority; and as the various duties, responsibilities, and cares of government, are fully sufficient to occupy the time and attention of the King, the law, as a further comment on the principle, that the royal functions should be unembarrassed by minute considerations, has wisely freed his Majesty from the necessity of interfering with the management of the domestic affairs of his consort ; by rendering her in legal contemplation 2ifeme sole^ by absolving her from the many, and indeed almost universal, restraints and incapacities to which other married women are by their marriage exposed {d). She may have a separate property either in lands or goods, and may purchase, sell, lease, or devise them {e). She may even take lands or debts (a) 1 Bla, Com. 218. 40 G. 3. c. 88. s. 8, 9. By that statute {b) Ibid. 190. 1 Mar. st. 3. c. I. to prevent doubts on this subject it is (c) 1 Hal, P. C. 101,100. Ante, expressly enacted, that any queen, con- 11, 12. sort, may during the King's life by deed {d) Finch, L. 86, 17 Vin. Ah. 204, under her hand and seal attested by tit. Prerog. B. C. Com. Dig. Roy. F. two or more witnesses ; or by will at- Fortesc. R. 412. 1 Bla. Com. 217, 18. tested by tliree witnesses ; grant, give, (*) Ibid. And see recital of 39 and dispose of, or devise any tenements hor D D property: