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Discussions upon that precedent.

searching criticism, and all the precedents of constitutional history, presenting any analogy to the present circumstances, learnedly investigated. The expedients which had delighted Lord Eldon in his early career, found little favor with the more philosophic lawyers of a later school. Sir S. Romilly regarded them "in no other light but as a fraudulent trick," and asked what would be said of “a set of men joining together, and making a contract for another in a state of insanity, and employing a person as his solicitor, to affix his seal or his signature to such a deed?"

Considering the recency and complete application of the precedent of 1778, it is not surprising that both ministers and Parliament should have agreed to follow it, instead of adopting a more simple course; but to most minds of the present age, the arguments of those who contended for an address, and against the "Phantom," will appear the more conclusive. The royal authority was wanting, and could be supplied by Parliament alone. So far all were agreed; but those who argued for proceeding by means of a bill, accepted a notoriously fictitious use of the king's name, as an equivalent for his real authority; while those who supported a direct address, desired that Parliament, openly recognizing the king's inability to exercise his royal authority, — should from the necessity of the case, proceed to act without it. Of all the speeches against proceeding by way of bill, the most learned, able, and argumentative, was that of Mr. Francis Horner. Comparing the proceedings of 1788, with those of the Revolution of 1688, he said: "It is impossible not to contrast the virtuous forbearance of all parties at the Revolution, in concurring to provide for the public interests, with the struggle that was made for power in the other instance; and, above all, to contrast the studied delays by which power was then so factiously retained, with the despatch with which our ancestors finished, in one short 1 Hansard's Debates, 1st Ser., xviii. 299.

month, their task of establishing at once the succession to the Crown, reducing its prerogatives within limitations by law, and founding the whole structure of our civil and religious liberties.”

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Political causes of le

lay.

But independently of precedents and legal forms, the ministers expecting, like their predecessors in 1788, to be dismissed by the regent, were not disposed to simplify the preliminary proceedings, and accelerate their own fall; while the Opposition, impatient for office, objected to elaborate preliminaries, as much, perhaps, for the delays which they occasioned, as for their hollow subtlety and uselessness.

22.

The resolutions were agreed to, and communicated to the Lords, at a conference. There an amendment Resolutions was moved by Lord Holland, to the third resolu- agreed to Dec. tion, by which an address to the Prince of Wales was proposed to be substituted for the proceeding by bill, inviting the prince to take upon himself the exercise of the powers and authorities of the Crown, but to abstain from the exercise of such powers as the immediate exigencies of the state shall not call into action, until Parliament had passed a bill for the future care of his Majesty's person, and securing the resumption of his authority. The Dukes of York and Sussex spoke in favor of this amendment, and all the seven dukes of the blood royal voted for it: but the resolution was carried by a majority of twenty-six. The royal dukes also signed protests against the rejection of the amendment, and against the third resolution. The chancellor differed widely from the royal dukes, declaring that an address from the two Houses to the Prince of Wales, praying him to exercise the royal prerogatives during the king's life, would be treasonable.5

1 Hansard's Debates, 1st Ser., xviii. 306.

2 Ibid., 418.

3 York, Clarence, Kent, Cumberland, Sussex, Cambridge, and Gloucester 4 Hansard's Debates, 1st Ser., xviii. 471.

5 Ibid., 459, 713.

The next step was to propose, in committee on the state of the nation, resolutions to the effect that the Prince of Wales should be empowered, as regent of the kingdom, to exercise the royal authority, in the name and on behalf of his Majesty, subject to such limitations as shall be provided: that for a limited time the regent should not be able to grant any peerage, except for some singular naval or military achievement: 1 nor grant any office in reversion: nor any office otherwise than during pleasure, except such offices as are required by law to be granted for life or during good behavior: that his Majesty's private property, not already vested in trustees, should be vested in trustees for the benefit of his Majesty that the care of the king's person should be committed to the queen, who for a limited time, should have power to appoint and remove members of the royal household; and that her Majesty should have a council, with power to examine the king's physicians, upon oath, from time to time. It was explained, at the same time, that twelve months would be the period to which the proposed limitations upon the regent's authority would extend.

Four of these resolutions were agreed to in the Commons by small majorities,2 and not without strong årguments against any restrictions upon the authority of the régent. The fifth was amended on a motion of Earl Gower, in such a manner as to leave the queen merely "such direction of the household as may be suitable for the care of his Majesty's person and the maintenance of the royal dignity."

"8

The resolutions were communicated to the Lords at a conference. There, on the motion of the Marquis of Lans downe, the first resolution was amended by the omission of the last words, viz., "subject to such limitations and restric

1 This exception was subsequently omitted.

2 The first resolution was carried by a majority of 24, the second by 16, the third by 19.

8 Voted by a majority of 13 against the Government, and the resolution as amended agreed to by a majority of 3.

tions as shall be provided "1. - thus appointing the regent generally, without restrictions upon his authority. But as the two next resolutions, imposing limitations upon the grant of peerages, places, and pensions, were immediately afterwards agreed to, the words were restored to the first resolution. And thus the restrictions proposed by the Commons were ultimately agreed to without alteration.

The next step, as in 1789, was to lay these resolutions before the Prince of Wales, and to beg him to Resolutions accept the trust, subject to the proposed restric- laid before tions; and in reply, he signified his acceptance. The queen was also attended in regard to the direction of the royal household.

the prince.

Parliament.

Again, it was resolved by both Houses that a commission should issue under the great seal for opening Par- Commission liament; but warned by the precedent of 1788, for opening ministers had taken the precaution of consulting the royal dukes, and by their desire omitted their names from the commission. On the 15th January, Parliament was opened by virtue of this commission; and the Regency Bill was brought in by the Chancellor of the Exchequer, on the same day. The bill, though still the subject The Regency of much discussion, was rapidly passed through Bill passed.

both Houses, with some few amendments. Resolutions were agreed to by both Houses, authorizing the issue of letterspatent under the great seal, for giving the royal assent by commission; and on the 5th February, the bill received the royal assent by virtue of that commission.

It is worthy of note, that both this commission and that for opening Parliament, deviated materially from Form of the the usual form of such commissions, and instead

commission.

of being issued by the advice of the privy council, it was expressed thus: "by the king himself, by and with the alvice of the Lords spiritual and temporal, and Commons in Parliament assembled."

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lic money.

During these proceedings, an unexpected difficulty had Issue of pub- arisen. Certain sums of money had already been granted, and appropriated by Parliament, for the service of the army and navy; but in consequence of the king's incapacity, the usual warrants under the privy seal, could not be prepared, directing issues to be made from the Exchequer, for such services. The Lord Keeper of the privy seal was willing to take upon himself the responsi bility of affixing the seal to such a warrant,1 although by the terms of his oath he was restrained from using it "without the king's special command:"2 but the deputy clerks of the Privy Seal held themselves precluded by their oaths of office, from preparing letters to pass the privy seal, until a warrant had been signed by the king himself, for that purpose. The necessities of the public service were urgent; and the Treasury being unable to obtain the money according to the usual official routine, prepared two warrants addressed to the auditor of the Exchequer, directing him to draw one order on the Bank of England for 500,000l., on account of the army, and another to the same amount, for Difficulties the navy. The auditor, Lord Grenville, doubting the authority of these warrants, desired that the law officers of the Crown should be consulted. It was their opinion that the Treasury warrants were not a sufficient authority for the auditor, who accordingly refused to issue the money; and although the Treasury expressly assumed the entire responsibility of the issue, he persisted in his refusal.

raised by

Lord Grenville.

Resolution of

It was now necessary to resort to Parliament to supply the defect of authority which had been discovered; both Houses and on the 4th January the Chancellor of the Exchequer moved a resolution in committee of the whole House, by which the auditor and offi

directing the issue of money.

1 Speech of Mr. Perceval, 4th Jan., and of Lord Westmorland, 5th Jan., 1811.- Hansard's Debates, 1st Ser., xviii. 759, 798.

2 Speech of Earl Spencer, 5th Jan., 1811. — Hansard's Debates, 1st Ser. xviii. 797

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