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Queen

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

The female sovereign of a country under a monarchical form of government. A queen regent, regnant, or sovereign, is one who holds the crown in her own right. A queen consort is the wife of a reigning king. A queen dowager is the widow of a deceased king.

See 1 Bl. Com. 219-225.

The queen regent or regnant is one who wears the crown in her own right and by hereditary descent; and she has the same powers, prerogatives, rights, dignities, and duties as if she were a king. Thus (as Wharton explains) the queen regent of England is, in the domestic affairs of the kingdom, like the king, a constituent part of the supreme legislative power, has (in theory) a negative upon all new laws, and is bound by no statute unless specially named therein. She is also considered as the general of the kingdom, and may raise fleets and armies, build forts, appoint havens, erect beacons, prohibit the exor recall them from foreign parts'. ■ She is also the fountain of justice and general conservator of the peace, and therefore may erect courts (wherein she has a legal ubiquity), prosecute offenders, pardon crimes, and issue proclamations. She is likewise the fountain of honor, office, and privilege. She is also the arbiter of domestic commerce; but not of foreign, which is regulated by the law of merchants. She is, therefore, entitled to the erection of public marts, the regulation of weights and measures, and the coinage or legitimation of money. She is also the supreme head of the church, and as such convenes, regulates, and dissolves synods, nominates bishops, and receives appeals in all ecclesiastical causes.

Queen's advocate

An advocate of the civil-law bar, appointed by the crown to maintain its interests, and to advise it in all matters in which the learning of the civil law is involved. Those matters include important questions of international law, upon which (as in framing treaties with foreign nations) the counsel of the queen's advocate is frequently taken by the government. In the legal profession, this officer holds a distinguished place. He now ranks next in dignity to the attorney and solicitor generals, and formerly, indeed, the queen's advocate took precedence even of them. The queen's advocate used to practise in the ecclesiastical courts at doctors' commons, and at the present day confines his practice, as a rule, to the courts of probate, divorce, and admiralty. Brown. Queen Anne's bounty. See Bounty OP Queen Anne. Queen's bench. See Court op Queen's Bench. Queen's coroner and attorney. An officer of the court of queen's bench, usually called "the master of the crown office," whose duty it is to file informations at the suit of a private subject by direction of the court.

4 Bl. Com. 308, 309; 4 Steph. Com. 374, 378.

Queen's counsel

The title, during a woman's reign, of barristers selected on accomit of their superior learning and talent to be her majesty's counsel; the only outward distinction between these and other barristers is, that they wear silk gowns and take precedence in court. The two principal of these counsel are called the attorney and solicitor general; and none of these counsel can plead publicly in court for a prisoner or a defendant in a criminal prosecution, without a license obtained for that purpose from the crown. Brown. patent to be her majesty's counsel learned in the law. Their selection and removal rests in practice with the lord chancellor. (3 Bl. Com. 27; 3 Steph. Com. 273.) A queen's counsel has various privileges. He is generally made a bencher of his inn. He may not, except by license from the crown, take a brief against the crown in any civil or criminal case; but such license will generally be given on payment of the usual fee. A queen's counsel, in taking that rank, renounces the preparation of written pleadings, and other chamber practice. Mozley Sf W. Queen's or king's evidence. When it is said that an accused person turns queen's evidence, we mean that he confesses his guilt, and proffers himself as a witness against his accomplices. His admission, however, in that capacity requires the sanction of the justices of jail delivery J and, unless his statements are corroborated in some material part by unimpeachable evidence, the jury are usually advised by the judge to acquit the prisoner notwithstanding. (4 Steph. Com. 395.) Moz- Uy Sj- W.

Queen's proctor

A proctor or solicitor representing the crown in the former practice of the courts of probate and divorce. In petitions for dissolution of marriage, or for declarations of nullity of marriage, the queen's proctor may, under the direction of the attorney-general, and by leave of the court, intervene in the suit for the purpose of proving collusion between the parties. (Stat. 23 ^ 24 Vict. ch. 144, § 7; Stat. 36 #• 37 Vict. ch. 31.) Mozley Sf- W.