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is such as to render him incapable of any Is it your opinion that his Majesty's public business.
present malady has been caused by, or has What are the hopes you entertain of any relation to, bis previous disorder! his Majesty's recovery? The hopes I It is not my opinion that his Majesty's entertain of his Majesty's recovery, are present malady has any relation to his founded upon an idea of its being pro- previous disorder. ' bable. That idea of probability is sug. Had not his Majesty a rash previous to gested to me by past experience, as well | Friday the 24th of October!-On Friday, original as that of other physicians, in | October the 17th, in the course of that in cases similar to that of his Majesty. day, it was mentioned to me that his Ma
Can you form any judgment, or pro- | jesty had had a rash, and upon that acbable conjecture, of the duration of his count his skin was examined, and there Majesty's illness ?-I can form no judg. did appear some marks of there having ment, or probable conjecture, of the dura- been a rash, which had spent itself. tion of his disorder.
Have not you heard that his Majesty, Has there been any cessation of the during the time that the rash was upon disorder since you first attended his Ma- him, wet his feet, and sat in wet stockings? jesty ? -- There was a cessation of the dis. I was informed, that on Thursday the order since my first suspicion. . 16th, his Majesty rose very early, and
At what period did you first suspect the walked more than four hours; and afternature of his disorder? - In the evening of wards went to St. James's without having Wednesday, October the 22d last. changed his stockings, which were very wet.
What length of time did that cessation Did not you understand the rash had continue!-- I conceived the suspicion that been checked by his Majesty having sat evening; and the next morning, when I in wet stockings - It was so imagined. visited his Majesty very early, he appeared By whom? By some in the family. to me to be perfectly well. On the Mon. Can you say, that a rash, so checked, day following I saw his Majesty at Wind may not have been the occasion of his Masor, and then saw more signs of the dise jesty's present disorder?--I can only say order.
that it is not my opinion; for I conceive Has there been any cessation since that if his Majesty's present malady is Monday, October the 27th ? -None. supposed to be occasioned by the check
At this period of time do you see any ing of the rash, the effect would have signs of a returning understanding ?-I followed the cause more immediately. see none.
Whether his Majesty's legs swelled Did you see his Majesty between the after it was imagined the rash was checked? 23d and the 27th of October ?--I saw his -The 18th of October the left foot was a Majesty on the 24th and 25th of October, little inflamed, and in consequence swelled; and I saw him again on the 27th, when afterwards the right foot. he had a degree of his present disorder, 1 Did the swelling of the legs go off upon but in nothing like the state in which it the present disorder coming on?-It had has appeared since.
gone off before the present disorder.. Had his Majesty been afflicted with any | How long before? --About two days. bodily disorder immediately preceding the Were both the King's feet without 22d of October ?-On the 17th of Oc- swelling on the 24th ?-I think he left off tober, his Majesty was attacked by a dis- both his great shoes on the 23d: he was order in which I had once before seen his lame and in pain in the muscles of his legs Majesty, and to which I understand he with the rheumatism on the 24th, had been very subject : that disorder I In what degree was he disordered on conceive to be biliary concretions in the the 24th !-He had had a restless night gall duct.
on the Thursday; and when I saw his How long did he continue in that ill. | Majesty on Friday morning, he was low. ness ? - It lasted the greatest part of the spirited, and complained much of the 17th.
necessity of going to the levée. He comDid it last any longer, or did it take a plained all along of pains in the muscles different turn? --It returned twice on of his thighs and legs, as he does also at Monday and Tuesday following ; on present. Monday it was not so severe, and went Have those pains in his thighs continued off very soon; on Tuesday it was very | all along ? -From the beginning. trifling
Have those pains any relation to his Majesty's present illness? I think not. his Majesty's recovery I have very
Was it your opinion that the rash was great hopes of his Majesty's recovery. struck in? --It is not my opinion.
Upon what foundation do you build
those hopes ?-I never yet have heard Sir Lucas Pepys called in, and examined.
that his Majesty has had any disorder You are desired to acquaint this Com- whatever, from which I could infer that mittee, whether the state of bis Majesty's he could not recover; and by recovery, I bealth is such as to render him incapable mean so as to be able to attend his Parof coming in person to his Parliament, or liament, and attend any other business as of attending any kind of public business? well as ever he did ; but I think there are He certainly is incapable.
| hopes in my mind, from some circumWhat are the hopes you entertain of stances that I had not taken notice of his Majesty's recovery - The hopes of before. I never heard that his Majesty his Majesty's recovery arise from the was melancholy previous to his present general consideration, that the majority of indisposition; and I do not recollect an Those afflicted with the same or similar instance of any patient who required a disorder under which his Majesty now longer time to be perfectly cured than labours, do recover.
one year, who had not laboured under a Can you form any judgment or probable pretty long and very considerable melanconjecture of the duration of his Majesty's choly previous to his confinement. illness ?-) cap form no such conjecture. Can you form any probable judgment
Is his Majesty at times composed and of the duration of his Majesty's disorder? quiet?-Frequently is.
-I cannot. "Does his disorder abate during those! In what time have these disorders gene. periods: -Not in the least.
rally been cured ?- It has been my good' Dr. Henry Revell Reynolds called in, and
fortune to see none who have not been examined.
cured within a year; sometimes in four
months from the time they came under You are desired to acquaint this Com. my care, unless they were deemed incurmittee, whether the state of his Majesty's able by the best judges before they were health is such as to render him incapable sent to my house. of coming in person to his parliament, or Is it your opinion, that all disorders of of attending to any kind of public busi- the mind, not preceded by melancholy, ness --His Majesty is incapable of at- have been cured within the year! All tending to any public business.
the disorders within my practice, except What are the hopes you entertain of as before, have been cured within the his Majesty's recovery! I think there year; and I should think that such disare well-founded hopes of his Majesty's orders would be curable within the year, recovery.
unless they proceeded from some imCan you form any judgment or probable moveable cause, such as the enlargement conjecture of the duration of his Majesty's of the bone pressing upon the sensorium, illness —No, I cannot.
or other similar causes. Upon what do you found your hopes of
Dr. Thomas Gisburne called in, and exhis Majesty's recovery -Upon general experience; as the greater number of
amined. those afficted with the same malady with You are desired to acquaint this Comhis Majesty generally recover.
mittee, whether the state of his Majesty's Dr. Anthony Addington called in, and
health is such as to render him incapable of coming in person to his parliament, or This Report was ordered to be printed / was as strong an argument in proof of the for the use of their lordships.
of attending to any kind of public busiYou are desired to acquaint this Com- ness? I think him absolutely incapable. mittee, whether the state of his Majesty's What are the hopes you entertain of his health is such as to render him incapable Majesty's recovery As those in similar of coming in person to his Parliament, or circumstances have often recovered, I of attending to any kind of public business? I have not seen his Majesty this Has a majority of them recovered ? week past; but at that time he was cer- | They have. .. tainly incapable of attending Parliament, Can you form any probable conjecture or doing any public business.
of the duration of his Majesty's illness :What are the hopes you entertain of | I think that cannot be ascertained.
expediency of the motion which he meant The Lord President (Earl Camden) | to offer, as could possibly be urged, beobserved, that the examinations just read cause their lordsbips, he was sure, had too sufficiently evinced the melancholy situa- much regard to their own dignity to admit tion of his Majesty's health ; and as his themselves to be usurpers of the rights Majesty's physicians could not give their of another, without first searching and exlordships any satisfaction as to the time amining precedents wbich would convince when he would recover, it was incumbent them whether they were usurpers or not. on the two Houses of parliament, in the The noble earl then moved, « That a present maimed, impotent, and defective committee be appointed to examine and condition of the legislature, to proceed to report precedents of such proceedings as make some provision for the purpose of may have been had, in case of the persupplying the deficiency, and restoring sonal exercise of the royal authority being energy and exertion to the executive go- prevented or interrupted, by infancy, sick vernment of the country; yet, previously ness, infirmity, or otherwise, with a view to such a necessary and important step, he to provide for the same.” should take the liberty of moving for a Lord Loughborough said, he was aware committee to search for precedents of the that it was unusual for any noble lord to proceedings in similar cases, in order that speak before a motion had been read from 'having fully before them what the wisdom the woolsack, but on the present occasion
of their ancestors deemed necessary he 'must claim the indulgence of their modes of proceeding in cases of difficulty lordships for a few moments, as he wished and danger, they might meet the necessity to declare that he had not upon his com- i, of the moment under circumstances of the ing down to the House expected that any greater safety. The propriety of the mo- thing could arise to make it necessary for tion being so obvious, he should have him to trouble the House that day. His conceived that no possible objection could being present was purely accidental. have been offered to it; he had however When he left the committee room the heard of an idea which had been started preceding day, he had understood that in another place, where it was declared to there would be nothing done farther than have been founded in common law, and a motion of course, and the unusually thin in the spirit of the constitution. If such attendance which there had been early in was the common law, and such the spirit the day, and the manner in which noble of the constitution, it was wholly unne- lords had come into the House, so contrary cessary for the House to give themselves to the manner in which they had attended the trouble of searching for precedents, ever since the melancholy occasion of because the idea to which he alluded, put their meeting had occurred, all led him an end at once to their power of delibera- to imagine that there would be no discustion on the subject. The idea was, that sion of any kind. In fact, so convinced the heir apparent being of age, had a had he been, that no debate would arise, claim to assume the regal authority, and that he had himself been the innocent take upon himself the administration of cause of keeping other lords from coming the government, as a matter of right, down, who would have made a point of during the period when his Majesty la- being present, had they foreseen that any boured under the disorder which rendered such subject as that mentioned by the him unable to discharge the regal functions. noble earl, would have been introduced. If this was the common law, it was a secret When he looked round the House, he to him: he never had entertained any regretted exceedingly the absence of such notion, nor had he before the present several noble lords, and particularly of occasion, either met with it in any writer, , one noble and illustrious person who was or heard it laid down by any lawyer what. | most peculiarly interested in the discusever. Those who broached such a notion sion which must necessarily take place. would have done well to have been sure The topic however, having been introthat they were right, before they hazarded duced, though irregularly, he should be so new and so extraordinary a doctrine : under the necessity of following the noble because opinions of that tendency were lord's example, and delivering such of his much sooner raised, than laid, and might sentiments upon it, as presented theminvolve the country in infinite confusion. selves to his mind at the moment, but as The assertion of such a doctrine, however, he was taken unawares, and must necessa
rily speak unprepared, he trusted to their line becomes extinct, and the king upon lordships candour and indulgence to ex- his demise leaves no heir. The case at cuse the loose manner in which he might present was widely different. The asser. deliver himself. As soon, therefore, as iion, that the heir apparent had the right the motion was read he would trouble to take upon himself the exercise of the their lordships again. The Lord Chan. royal authority, in case of the personal cellor having read the motion. Lord incapacity of his Majesty, was a doctrine Loughborough proceeded. He com- undeniably founded in law. Great and plained of the wording of the motion as alarming would be the dangers of consi. vague and indefinite. It did not confine dering the Regency as elective. Were the Committee to search for any distinct, this case so, the two Houses might set up precise line of precedents, but left them at a pageant of a regent, and, in fact, assume large to examine general history and the government themselves, because a report just as much, or as little as they regent so elected, must necessarily be the thought proper. The expression « or slave of his electors. The single preceotherwise” was so indefinite, that no dent of a regent having been appointed by clear idea could be annexed to it; in his a House of Parliament to be found in our opinion, therefore, the motion should have history was, the horrible precedent in the been differently worded, if the House ex- reign of Henry 6-a precedent that led pected to derive any useful information from to the desolation and distraction of the the institution of the Committee. With country, and all the wars between the regard to the idea which the learned earl houses of York and Lancaster. In that had mentioned as having been stated in case the House of Lords singly named the another place; he knew not whether duke of York protector, who was, of all the learned earl's information had proved others, the most unfit person to be inaccurate, but he had heard of another vested with that power, but who had so assertion, a most extraordinary one indeed, many relations and adherents in that that had been boldly, arrogantly, and pre | House, that he procured himself to be ap. sumptuously made elsewhere. As he pointed protector. From that miserable found the same assertion in a miserable instance their lordships would see, that political pamphlet, the produce of a venal | the only branch of the legislature, which pen, he was induced to imagine that it had ever assumed the power of electing a was true that such an assertion had been regent, was their own House. Were made by the person and in the place their lordships prepared to follow the ex. where he had been informed that it was ample, and would the other House con. made. The assertion was, “ that the sent that they should arrogate to themPrince of Wales, the heir apparent to the selves that power? The noble and learned Throne, had no more right to take upon earl had declared, that the legislature was, himself the government during the conti at present, maimed, impotent, and defecnuance of the unhappy malady which inca tive; it certainly was so, wanting its invi. pacitated his Majesty, than any other gorating head and spring. That was anoindividual subject." This assertion was ther reason, which proved that the two founded in the idea that the Regency was Houses could not elect, nominate, or apelective, which he maintained could not point a regent. By the Act which probe the case. By the settlement of the vides for securing the Crown in the proconstitution, and by various statutes, the testant succession; and by the 13th Charles Crown of these kingdoms was hereditary, 2, the two Houses are prevented from and by the 25th Edw. 3, any person who making law of themselves, or doing any should, by ill-advised speaking or writing, | one legislative act without the consent of assert the contrary, was liable to be prose | the king. They could not make a turn. cuted, and to incur the pains and penalties pike act, and yet, would it be seriously of a premunire. There were, he declared, argued that they could elect a regent. but two possible cases in which the throne if they could do the one, they might could become vacant, so as to make it the surely do the other. If they could change duty of the two Houses of Parliament to the government, or change the succession, provide for the exercise of the regal au. | they might give it any form they chose, thority; the one a total subversion of the appoint a regent, nay, even appoint more government by a breach of the original regents than one, or give it the form compact, as in the case of an abdication of a Mahratta government. There was no of the throne; the other, when the royal saying to what an extent of infringement of the constitution the two Houses might, his commentaries which treated of regal not proceed, if they once broke through power, and to the productions of other the barriers which the law and the consti- constitutional writers, as well as to the tution had prescribed. Besides, was it speeches of lord Somers and others, who remembered, that a neighbouring kingdom conducted the revolution, as the authori. stood connected with us, and acknow. | ties by which his arguments would be ledged allegiance to the British Crown? found to be supported. He repeated his If once the rule of regular succession was apology for the loose form in which he departed from by the two Houses, how had expressed his sentiments declaring, were they sure that the neighbouring that they were opinions, nevertheless, not kingdom would acknowledge the regent lightly nor hastily adopted, but confirmed whom the two Houses might take upon and established in his mind, after much themselves to elect? The probability was, mature and serious deliberation on the that the neighbouring kingdom would de- subject. Should an opportunity offer for part, in consequence of our departure, his discussing the subject with better prefrom the rule of hereditary succession, and paration, he would undertake as a lawyer, choose a regent of their own, which must by a series of inferences from common lead to endless confusion and embarrass- law, from the spirit of the constitution, and ment. But, it had been declared, that from analogy, to the conviction of every the Prince of Wales had no more right man of common sense, the truth of the than any other individual subject. No doctrine upon which he had now raised his more right! Was the Prince of Wales a arguments. common subject? Did not the law des- The Lord Chancellor said, that it was cribe him to be one and the same with the impossible for him to perceive, without king! Lord Coke expressly stated it so. extreme concern, that in the progress of a Was it not as much high treason to com- business peculiarly grave and important in pass or imagine the death of the Prince its nature, even the slightest appearance of Wales as the death of the king? Was of a difference of opinion, or unpleasant it high treason to compass or imagine the altercation should have arisen. Had their death of any other individual subject? In lordships waited till the ultimate question fact there was no comparison between the came under discussion, in all probability rights of the Prince of Wales, and the there would not have been found much rights of any other individual subject. It disagreement on any side, and conse. so happened, that the two Houses were, quently, much of what had been said that at that time, Houses of a legal Parliament day might have been spared. For his own legally summoned by the king's writs, part, he could not avoid declaring, that and in consequence legally assembled; all which he had that day heard did not but, if the case had occurred in the inter satisfy his mind. He wished, therefore, mission of parliament, would any man say previously to the declaration of his opithat it would not have been warrantable nion upon so delicate a subject, to have the for the Prince of Wales, as heir apparent, full advantage of every information and to have issued writs and called the parlia. every precedent that could be found, that ment together? The regency, he main- bore any sort of analogy to the present tained, was hereditary, and not elective; calamitous situation of the country. Withi and the heir apparent had a right, during regard to the doctrine which had been the interruption of the personal exercise maintained by the learned lord who spoke of the royal authority, by his Majesty's last, though every point that came from & illness, to assume the reigns of govern- magistrate of his distinguished situation, ment. When he made this observation, came with great force and authority, he he was very far from meaning to intimate, could only say, that it was perfectly new that the Prince of Wales could violently to him, and that he had not heard it berush into the government, but that upon fore. The learned lord had remarked, the authentic notification of the king's ua. that in the eye of the law, the Prince of fortunate incapacity to the two Houses, Wales and the King were one and the the Prince ought, of right, to be invested same. Would their lordships take a mewith the exercise of the royal authority. taphorical expression, and force a literal Upon this occasion, he should beg leave to meaning upon it? His Royal Highness refer the House to Mr. Justice Foster's the Prince of Wales, most certainly was Treatise on the Principles of the Revolu- peculiarly distinguished by his rank, birth, tion, Mr. Justice Blackstone's chapter of and dignities. It ought however to be