the Succession Act of Queen Anne, and in the regency acts of George the Second and George the Third, the exercise of all the royal prerogatives were granted in a fuller manner than he intended to propose: but on the other hand, the regent, in all those cases, was fettered with a council, the consent of a majority of which was necessary to authorize his acts. Under the present circumstances he thought it more advisable to leave the regent entirely free in the choice of his political servants; but at the same time this required some limitation of the authority, with which he was to be invested.

The first restriction he meant to propose was, that the authority of the regent should not extend to the creating any peer, except such of the royal issue as should have attained the age of twenty-one. There were three grounds, he conceived, upon which this branch of the prerogative was intrusted by the constitution to the crown, none of which were applicable to the present case. First, It was designed to enable the king to counteract the designs of any factious cabal in the House of Lords, which might have acquired a predominant influence in their deliberations. But was it at all probable that the government of his royal highness should be obstructed by any such cabal? He, for one, was ready to declare, that he should give no opposition to any administration the regent should chuse to form, so long as their measures were compatible with the prosperity of the kingdom. On the other hand, he said, such a number of peers might be created, as would considerably embarrass his majesty's government on the event of his being restored to health. Secondly, This power was vested in the crown, to enable the sovereign to reward eminent merit, and thereby to invite others to the same laudable exertions in the public service. But was it, he said, to be supposed that for want of such an incentive for a few months, the country was likely to be deprived of the service of men of merit. If his majesty recovered, as they all hoped, and had reason to expect he would, the power of creating peers might be exercised by the rightful holder of the prerogative; but if, unfortunately, his majesty should grow worse, and be pronounced not likely to recover for a long time, parliament would have it in its power to take off the restriction, and vest the regent with a power, which though not at present, he was ready to admit might in time become necessary to the carrying on of a powerful government. Thirdly, This power was designed to provide for the fluctuation of wealth and property in the country, that by raising men of great landed interest to the peerage, that branch of the legislature should be always placed upon its true and proper basis. But surely it would not be contended, that it was necessary to provide in a temporary plan for exigencies, which could only arise from

the lapse of considerable periods of time. For all these reasons taken together he should therefore propose, that the regents should be restrained from the exercise of that part of the prerogative of the crown.

The next restriction he should propose was, that the regent should not grant any pension or place for life, or in reversion, other than such place as is, from its nature, to be holden for life, or during good behaviour. This restriction, he said, flowed from the same principle, which supported the former; it would prevent his majesty from being put on a worse footing, should he recover, than he was before his illness; and it could not be said, that the power restrained by this limitation was necessary to a regent.

The next was, to restrain the regent from exercising any power over the personal property of the king. Mr. Pitt on this occasion observed, that he scarcely thought it necessary to pass this resolution, as it was not probable, that his royal highness should interfere with his majesty's personal property in his lifetime, but as they were acting upon parliamentary principles, he thought it his duty to submit it to the committee.

The last resolution would be for entrusting the care of the royal person during his majesty's illness, where of course all men would be unanimous in agreeing that the royal person ought to be placed, in the guardianship of the queen; and with this trust his intention was, to propose to put the whole of his majesty's household under her authority, investing her with full powers to dismiss and appoint, as she should think proper. Without being invested with this control, he imagined that the queen could not discharge the important trust committed to her care. These officers were, for the most part, in actual attendance upon his majesty's person, and he did not see how they could be put under the control of the regent, while the care of his majesty, upon whom they were to attend, was trusted to another person.

The lords of the bed chamber, indeed, might not be thought necessary now, when their attendance could not be required; but, on the other hand, a generous and liberal nation would not have it said, that in the moment of the king's illness they had grown so œconomical, that they would not bear the expence of supporting, till his recovery, those officers who formed part of his majesty's royal state; it would be no pleasant thing to his majesty to be told, should he, on his recovery, call for some one of those lords who used to be about his person, that they had been dismissed, that the nation might save the expence attending their offices.

Lastly, he should propose, that a council should be named to assist the queen with their advice, whenever she should re

quire it: but who should not have any power of control, but barely that of giving advice, and of satisfying themselves daily of the state of the king's health: and that they, or some others, should be appointed to manage the real and personal estate of the king, with this restriction, not to alienate, or to dispose of any part of it, except by lease.

Mr. Pitt then moved the first of the five resolutions* which he successively brought before the house: they were warmly contested in their progress through the commons as well as they were in passing through the lords: the divisions upon. them or the different amendments proposed kept the same pro-. portion throughout: in the lords a very strong protest was

The form of the resolution was as follows:

"Resolved, That for the purpose of providing for the exercise of the royal "authority, during the continuance of his majesty's illness, in such manner, "and to such extent, as the present circumstances and the urgent concerns of "the nation appear to require, it is expedient that his Royal Highness the "Prince of Wales, being resident within the realm, shall be empowered to ex"ercise and administer the royal authority, according to the laws and consti"tution of Great Britain, in the name and on the behalf of his majesty, and "under the style and title of regent of the kingdom; and to use, execute, and " perform, in the name and on the behalf of his majesty, all authorities, prerogatives, acts of government, and administration of the same, which belong to "the king of this realm to use, execute and perform, according to the laws "thereof, subject to such limitations and exceptions as shall be provided.

Resolved, That the power, so to be given to his Royal Highness the Prince "of Wales, shall not extend to the granting of any rank or dignity of the peerage of the realm to any person whatever, except to his majesty's royal issue "who shall have obtained the full age of twenty-one years.

"Resolved, That the said powers should not extend to the granting in re"version, of any office whatever, or to the granting of any office, salary, or "pension, for any other term than during his majesty's pleasure, except such "offices as are by law required to be granted for life, or during good beha

"viour.

"Resolved, That the said powers should not extend to the granting of any part of his majesty's real or personal estate, except so far as relates to the "renewal of leases.

"Resolved, That the care of his majesty's royal person, during the continu"ance of his majesty's illness, should be committed to the queen's most ex"cellent majesty; and that her majesty should have power to remove from, "and to nominate and appoint such persons as she shall think proper, to the "several offices in his majesty's household; and to dispose, order and manage "all other matters and things relating to the care of his majesty's royal person, during the time aforesaid: and that, for the better enabling her ma "jesty to discharge this important trust, it is also expedient that a council "should be appointed, to advise and assist her majesty in the several matters "aforesaid. And with power from time to time, as they may see cause, to "examine upon oath, the physicians and others attending his majesty's person, touching the state of his majesty's health, and all matters relative "thereto."

The form of the protest will apprize the reader of the general grounds, upon which the friends of the Prince opposed the resolutions, and as it may be matter of historical curiosity to know how the different members voted on this important occasion, a correct list of the majority and minority and of those who did not vote, may be seen in the Appendix, No. LXXIX.

signed by fifty-five lords, at the head of whom were two princes of the blood.

On the 27th of January, 1789, Mr. Pitt after having recapitulated the various steps, that had been already taken, observed,

Dissentient,

1st. Because we firmly adhere to the principles and arguments, on which we disapproved the resolutions formerly passed by this house, especially when the legislative power of the two houses of parliament, unconstitutionally assumed by those resolutions, is meant to be employed to restrict or suspend many important and essential branches of the royal power, at the moment of the declared incapacity of the King.

2d. Because we think the power of conferring the rank and privileges of the peerage, as a reward to merit, is necessary to the royal authority, in order to afford an incitement to vigorous exertions in the service of the state, and is more peculiarly necessary (like all other parts of the prerogative) when the regal power is to b. exercised by a substitute, with an authority uncertain and precarious in its duration: but especially on the present occasion, as it is the only branch of the prerogative sufficiently powerful to afford a remedy against such a combination in this house, as other parts of this system of restriction and mutilation, have a natural and obvious tendency to produce.

And because we conceive that this restriction may create an interest in the members of this house, to withhold their assent to restore the ancient powers of the crown in this respect.

3d. Because we conceive, that by the subsisting law of the land, his majes ty's property is sufficiently secured from any undue disposition and alienation, and the resolution on that subject can have no other effect, but to convey to the public injurious suspicion, and unjust imputation, on the character and inten. tions of his Royal Highness the Prince of Wales.

4th. Because we are of opinion, that in order to maintain the proper dignity of the crown, and preserve the due influence and respect, which arise from the great offices of the state, it is necessary that the person exercising the royal authority in the name and on the behalf of his majesty, should be attended by these distinguished servants, whose functions have been established for the purpose of adding weight and splendour to the regal office. We cannot agree to a division of the royal power; to the creation of a fourth estate, unknown to the constitution of this country.

Spencer

Suffolk and Berks

Hawke

Diss. For all the reasons given in the protest, except those in this latter parts of the 2d reason, viz. beginning at these words, "but especially on, &c." and thence to the end of that second reason.

Selkirk.

that before they proceeded any farther, he thought it would be most respectful to the Prince of Wales, and most expedient in the order of their proceedings, to endeavour to know, whether his royal highness were willing to accept the regency upon the terms of the resolution which they had come to. With this view he moved, That a committee should be appointed to attend his Royal Highness the Prince of Wales with the resolutions, which had been agreed to by the lords and commons, for the purpose of supplying the defect of the personal exercise of the royal authority during his majesty's illness, by impowering his royal highness to exercise such authority, in the name and on behalf of his majesty, subject to the limitations and restrictions which the circumstances of the case then appeared to require; and, that the committee should express the hope, which the commons entertained, that his royal highness, from his regard to the interests of his majesty and the nation, would be ready to undertake the weighty and important trust proposed to be invested in his royal highness as soon as an act of parliament should have been passed for carrying the said resolutions into effect.

This motion gave rise to a very heated alrercation, in which the ministers were accused, and they defended themselves against the accusations of having treated the Prince of Wales, throughout the whole course of their proceedings, with the most shameful want of attention and respect. The motion was voted without a division, and ordered to be carried to the lords for their concurrence, together with a similar resolution for a committee to lay before the Queen the resolution of the two houses, relating to the care of his Majesty's person.

The resolutions having been read in the house of lords on the 28th, and a motion made for their lordships concurrence, the Duke of Northumberland briefly observed, that these resolutions, as proposed to be presented to the prince for his assent, appearing on the face of them most materially to curtail the exercise of that royal authority, which they were about to put into his hands would, as they stood, seem to convey a want of confidence in his royal highness; he conceived it, therefore, would be but decent in their lordships to specify the reasons which had guided their lordships in adopting those resolutions,

It having been most generally taken as the ground for those restrictions, that his majesty's illness was but temporary, and would probably be but of short duration, he conceived their lordships could have no objection to connect that with the address. His grace concluded with moving an amendment to that effect, which was negatived without farther debate; and the usual blanks were ordered to be filled up with the words, lords spiritual and temporal."