1765. The HISTORY of the laft Seffion of Parliament. event; by your majefty's living to form under your own inftruction, a fucceffor, worthy to inherit the allegiance and affections of a free people, by a long and mature attention to the example of your royal virtues. To this addrefs his majefty was pleafed to give a moft gracious antwer which the reader may fee in our laft volume p. 210. And as the houfe of lords had, in purfuance of his majety's fpeech, ordered a bill to be brought In to provide for the adminiftration of government, in cafe the crown fhould defcend to any of the children of his majefty, being under the age of eighteen years; and for the care and guardianhip of their perfons; nothing was done in the houfe of commons, after the report of his majefty's faid anfwer to the joint addrefs of the two houfes, until the 6th of May, when the house received a meffage from the lords, by the Lord Chief Juftice Pratt and the Lord Chief Baron Parker, that their lordships had paffed a bill intitled as above mentioned, to which they defired the concurrence of that houfe; and the bill having been carried up to the table, as foon as the meffengers were withdrawn, it was read a first time and ordered to be read a fecond time the next morning; but before that order was next day read, a motion was made, that an humble addrefs beprefented to his majefy, humbly to acknowledge his majesty's great goodness, in propoling to fecure the future quiet and peace of thefe kingdoms, 67 guardian of the royal offspring, heirs to the crown. This motion, we may believe, occafioned a debate; but as it was deemed a piece of complaifance in the king to chufe having that done by act of parliament, which had fometimes been done by the fole power of the crown, exerted in the last will of the deceafed king, and as the perfons to be optionally appointed by his majesty were either perfonally named or parti cularly defcribed in the bill, the quef tion, when put, was carried in the negative by a great majority; and then the bill being read a fecond time was committed to a committee of the whole houfe for the 9th, after which a mction was made, for having the bill printed; but as it was a bill in which the people without doors could have very little concern, fo far as related to any of the particular regulations, the queftion upon this motion was likewife carried in the negative by a great majority. Úpon the 9th as foon as this order of the day was read, his majesty's most gracious fpeech to both houfes of parliament, on the 24th of April then last, was ordered to be referred to the faid committee, and the houfe then having refolved itself into the fame, after fome time spent therein, Mr. Speaker refumed the chair; and the mafter of the rolls reported from the committee, that they had gone through the bill, and made feveral amendments there untó, which they had directed him to for a regency and for the guardianship report, when the houfe would be pleafed to receive the fame; whereupon the report was ordered to be received of his children, in cafe (which God of the bleffing of his majesty's most invaluable life, before his royal fuccef the next morning. Accordingly, on the roth, the maof table, where the report was read; and feveral of the amendments being read teen years; and humbly to intreat his place, and afterwards delivered the majefty, out of his tender and paternal bill, with the amendments, in at the regard for his people, that he would be gracioufly pleafed to name the perwisdom, he hall think fit to propofe houfe; but upon the next amendment's fon, or perfons, whom in his royal a fecond time, were agreed to by the to the confideration of parliament, being read a second time an amend for the execution of thofe high trufts; this houfe apprehending it is not war ment was proposed to be made there, unto, and upon this a motion was made the previous queftion being put and Iranted by precedent, nor agreeable for recommitting the bill on which to the principles of this free conftitution, to vest in any perfon, or perfons, carried in the affirmative, the question Dot particularly named and approved was then put upon the motion for re of in parliament, the important of- committing the bill, and carried in fices of regent of thefe kingdoms and the negative; whereupon the faid K 2 amendment 68 The HISTORY of the laft Seffion of Parliament. amendment was, with feveral amend. As to the act itself, most of the claufes have fo little relation to the people without doors, that I think it needlefs Feb. to give any abstract of them, but in order to give fome further light into the hiftory of the bill, I fhall give the reader a full abstract of the preamble and of the first, fecond, third, and ninth enacting claufes, as follows: PREAMBLE. "That his majefty, from a tender concern for his faithful fubje&ts, and anxious defire to provide for every poffible event which may affect their future happiness or fecurity, having been graciously pleafed to communicate from the throne to both houses of parliament, that his late indifpofition (which filled the breafts of all his fubjects with the moft alarming apprehenfions) had led him to confider the fituation in which his kingdoms and family might be left, if it fhould please God to put a period to his life, while his fucceffor is of tender years; and that the high importance of this fubject to the publick fafety, good order, and tranquility; the paternal affection which his majefty bears to his children and to all his people; and his earneft defire that every precaution should be taken which may tend to preferve the conftitution of Great Britain undisturbed, and the dignity and luftre of its crown unimpaired; had determined him to lay this weighty bufinefs before his parliament; to whofe moft ferious deliberation he was pleafed to recommend the making fuch provifions as would be neceffary, in cafe any of his children fhould fucceed to the throne before they fhould refpectively attain the age of eighteen years; and, to this end, his majesty was alfo pleased to propofe to their confideration, whether, under the prefent circumftances, it would not be expedient to veft in him the power of appointing from time to time, by inftruments in writing under his fign manual, either the queen, or any other person of his royal family, ufually refiding in Great Britain to be the guardian of the perfon of fuch fucceffor, and the regent of thefe kingdoms, until fuch fucceffor fhall attain the age of eighteen years; fubject to the like reftrictions and regulations as are specified and contained in an act paffed upon a fimilar occafion, in the twenty-fourth year of the reign of his late royal grandfather; and that the regent fo appointed fhould be affifted by a council of regency, to be ef tablished 1766. The HISTORY of the laft Seffion of Parliament. tablished by authority of parliament: and it further fets forth, that in return for this paternal goodness, expreffed in fo early and provident a care for an event fo truly deplorable, and being filled with the most cordial fenfe of duty and gratitude to his majefty, for the tender concern and regard which he has always, and now more efpecially, demonftrated for the happiness of his people and the lafting fecurity of their religion, laws, and liberties, the parliament have taken this important business into their most serious confideration; and being juftly alarmed at the unhappy fituation in which thefe kingdoms and his majesty's royal family would be left in cafe it hould pleafe Almighty God to put a period to his majeffy's ineftimable life (for the long and glorious continuance of which they offer up daily and most fervent prayers to heaven) before his royal fucceffor fhall be of fufficient years to fupport the weight of government; and being likewite thoroughly convinced of the wifdom and expediency of what his majesty has thought ft to propofe upon this weighty occafon; are fully and zealously determined to contribute every thing in their power to the firm and lafting eftablishment of the proteftant fucceffion, as fettled by the laws of the land, in his majefty's royal family; the aufpicious encrease of which they confider as the bulwark of their civil and religious liberties, and the pledge of perpetual fecurity to the laws and confitution of Great Britain: It is there fore enacted, ift. That when foever, and as often as the imperial crown of this realm thall defcend to his royal highnefs George Auguftus Frederick Prince of Wales, the deft fon of his prefent majesty, (whom God long preferve) or to any other of the children of his prefent majefty, being refpectively under the age of eighteen years; fuch perfon as his royal fign manual, (revocable at pleasure, and to be fealed and depofited as herein after is mentioned) fhall nominate and appoint, fhall be the guardian and have the care, tuition and education, of the perfon of fuch fucceffor, and the difpofition, ordering, 69 fhall, during fuch minority, and no longer, in the name of his faid royal highnefs, or fuch other fucceffor, and in his or her ftead, and under the ftile and title of regeurt of the kingdom, exercife and adminifter, according to the laws and conftitution of Great Britain, the regal power and government of this realm, and of all the dominions, to the crown of Great Britain belonging; fubject to fuch conditions, reftrictions, and regulations as are herein after specified. 2d. No perfon fhall be capable of being fo nominated and appoinsed guardian and regent, other than and except her prefent majesty Queen Charlotte, or her royal highnejs Augufla princefs dowager of Wales; or fome one perfon of his majesty's royal family, defcended from the late king his ma-. jetty's royal grandfather, whofe utal refidence, at the time of paffing this act, shall have been, and from thenceforth, until fuch nomination and appointment, fhail continue to be in Great Britain. 3d. It fhall be lawful for his majefty to nominate and appoint, by fuch inftruments, and under the reftri&tions aforefaid, any number of perfons (as to his royal wildom fhall feem meet) feverally to fucceed each other in the faid guardianship and regency by way of fubftitution, in cafe the perion or perfons firft nominated and appointed hall happen to die during the minority of fuch fucceffor; but fo as that no more than one perfon fhall at any one time be intitled to fuch guardianflip and regency. 9th. In order to affift the regent in the adminiftration of the government, during fuch minorities refpectively, there fhall be a council of regency; which fhall confift of their royal highnefles his majesty's brothers, Edward Auguftus duke of York and Albany, William Henry duke of Gloucefter and Edinburgh, Prince Henry Frederick, and Prince Frederick William, and his royal highness his majefty's uncle William Auguftus duke of Cumberland (the faid Prince Henry Frederick, and Prince Frederick William' to be members of the faid council when they shall refpectively attain the and management, of all matters relat- age of twenty-one years and not foon ing thereto, till fuch fucceffor fhall er) and alfo of the perfons and officers The archbishop of attain the age of eighteen years; and following; viz. Canterbury 7༠ Canterbury, the lord chancellor or lord keeper, or the first commiffioner for the cuftody of the great feal, the lord treafurer, or the first commissioner for executing that office, the lord prefident of the council, the lord privy feal, the lord high admiral of Great Britain, or the first commiflioner for executing that office, the two principal fecretaries of state, and the lord chief juftice of the court of King's or Queen's Bench, for the time being And if it thall happen that all or any of their faid royal highneffes Edward Auguftus duke of York and Albany, William Henry duke of Gloucefter and Edinburgh, Prince Henry Frederick, prince Frederick-William, and William Auguftus duke of Cumberland, fhall depart this life during the reign of his prefent majefty; or if any of them fhall be nominated to be the regent immediately on the demife of his majesty, while fuch fucceffor fhall be under the age of eighteen years; in any fuch cafes, it fhall be lawful for his Intajefty, by three inftruments under his royal fign manual, revocable at his will and pleasure, to nominate fome one perfon, being a natural born fubject of this realm, to be a member of the faid council of regency, in the place of each and every of their faid royal highneffes fo dying, or being conítituted immediate regent; the faid three laft mentioned inftruments to be fealed up and depofited in the fame manner, and with the fame perfons, as is before directed with refpect to the three first mentioned inftruments containing his majesty's nomination of the regency; and the perfons with whom the three Jaft mentioned inftruments fhall be depofited, their executors and adminiftrators, fhall keep, difpofe of, and produce the fame unopened, in the fame manner, to fuch and the fame perfons at fuch and the fame times and places, and under fuch and the fame penalties, as are before specified and directed with respect to the three first mentioned inftruments, containing his majefty's nomination and appointment of the regent. The HISTORY of the laft Seffion of Parliament. Ter. From fuch a complaifant preamble could it have been expected, that by the enacting claufes of the bill the king would have been difabled from appointing his own mother regent of the kingdom and guardian of his children, in cafe of the queen's dying before him, or one of the council of regency in cafe of the queen's furviving him, and being appointed regent? Or could it have been expected, that his majesty would have been difabled from adding fo much as one to the council of regency appointed by parliament confidering the late precedent in the reign of his majesty's royal grand father, and confidering the gracious manner in which he concluded his fpeech from the throne? Yet both of thefe would have been the cafe, had the bill paffed through the house of commons without any confiderable amendment; for the words (or ber royal highness Angusta princess dowager of Wales] in the 2d enacting claufe were inferted by way of amendment in the house of commons; and if they had not been inferted, his majetty might in cafe of the queen's dying before him, have appointed his aunt the Princefs Amelia regent and guardian, though not born in this kingdom; but by the words in the fame claufe, he was difabled from appointing his own mother, because of her not being defcended from the late king his majesty's royal grand father; and if the queen had furvived him, and been appointed regent, her royal highness the princels dowager could not have been one of the council of regency because the is not named in' the 9th enacting claufe, and his majefty is not allowed to add one to thofe therein named, nor could he have nominated her in the room of his uncle, or any of his brothers, that had happened to die before him, because, by the words of that claufe, his nomination is limited to fome one perfon, being a natural born fubject of this realm, and though the princefs dowager has been naturalized fo long ago, as fince the 9th year of the reign of George the 2d, when an act was paffed for that purpose *, yet the cannot be faid to be a natural born fubject of this realm. I am indeed furprised that her royal highnefs the princefs dowager of Wales was not by name inferted in the faid 9th claufe as well as in the ad. If fhe had the limitation upon the king's *See act 9 Geo. II. chap. 28. nomination 1766. The HISTORY of the laft Seffion of Parliament. nomination established by that claufe, would have been very proper; but as it ftands at prefent, it seems to be defigned in a particular manner for excluding her from ever being one of the council of regency, which feems to be a little inconfiftent with that refpect which is due to the king upon the throne and it is really à fort of folecifm in politics to enact, that the perfon who is the most proper for fucceeding, and who would probably fucceed to the regency in cafe of the queen's death before her fon came of age, fhould be rendered incapable of ever appearing in the council of regency, during her life. I must therefore fuppofe, that the not making the fame amendment to this claufe that had been made to the 2d, proceeded from a defire of having the bill paffed with as little oppofition, or at least by as great a majority, as was poffible. And perhaps it was expected, that in fome future feffion, it may be thought proper to pafs a new bill for amending this ad; for it does feem fomething extraordinary that his majesty who notwithstanding the many additional charges upon the civil-lift revenue, befide a juft expectation of foon having a growing family of his own to provide for, had nevertheless declared himfelf fatisfied with the 800000 1. per annum, without defiring a right to, the furplus produce of the taxes appropriated to that revenue; who had even out of that fum repaid to the public, 115000l. charged upon the civil lift revenue by an act of 2 Geo. 11; who had fecured the liberties and proper ties of the fubject by establishing our judges in their places quam diu fe bene erint; and who had granted to the public a fum of no less than 723.7581. being the produce of the French prizes which he might, according to the laws in being, have applied to his own particular ufe; and even the 308000l. panted in this feffion by his majefty to the public, is a fum of money, which perhaps in fome former reigns would never have been accounted for, or made known to have been received 1. I fay that after fo many favours granted by his majesty in the few firft years of his reign to his people, and granted, as may be justly faid, ex mero st, it does feem a little extraordiary, that be fhould be refufed the * See our laft vol. p. 9. 71 fame confidential power that was granted to his late majefty by the regency act of the 24th of his reign, whereby he was enabled to add to the council of regency therein named, natural born fubjects of this realm) fuch and fo many other perfons (being not exceeding the number of four, as his majefty fhould, from time to time, minate. Now I do not know of its havat his will and pleasure think fit to noing ever been fo much as apprehended, that any danger or inconvenience could happen either to this kingdom, or to the next fucceffor, from this confidence majefty; and why we thould now have that was fo justly placed in his late departed from a precedent from whence no inconvenience did ever happen, and continue to follow an old precedent, dangerous in its own nature, and from whence misfortunes fatal to the nation, as well as to the family upon the throne, have actually hapalways happened, is beyond my compened, nay I may almoft fay, have prehenfion. reader will fuppofe I mean that of apWhen I fay this, I believe, every pointing a fole regent, either with or without a council of regency, to contiing king. This in former remote ages nue during the nonage of the fucceedneceffary, because we were almost alwas almost always in fome measure of our foreign dominions, or at home ways at war either abroad in defence either in defence of our government or our conftitution, and the armies of our government were always headed by the king or the regent for the by experience, that for conducting time being, as they were convinced army under the abfolute command a war it was neceffary, to have the of one fingle perfon: Even in the prefent age we may from the fate of the late war in Germany be convinced, that a war is always heft the abfolute direction of one fingle conducted when the armies are under perfon, but as this nation can feldom or ever have occafion to engage as prinof Europe, and as our government is cipals in any war upon the continent that we have very little reafon to ap now established upon fo firm a balis, either from rebellion or invation, even prehend a dangerous war at honie our king can feldom if ever be under a + See ditto p. 398. neceffity |