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The Lord Chancellor said, he was perfectly convinced that the words to which their lordships had just been ear witnesses, must have made the deepest impression upon their minds; and it could not but prove extremely gratifying for them to know, that the mode they should adopt upon the present melancholy occasion, would give the utmost satisfaction to the exalted personage, who must necessarily feel the greatest interest in their deliberations and decisions. For his own part, he should confidently declare, that no man could be more determined than he was to avoid having any questions brought forward that were unnecessary, and that he was ready to bind himself by any words, or phrases, however strong, not to vote for any question that took any other direction than the straight path of the public good. Questions of right were generally invidious, and often unnecessary: and, on the present critical occasion, no question ought to be brought into agitation, which the nature of the subject did not absolutely demand to be discussed. He reminded their lordships of the steps they had hitherto taken in the important business before them, and of the stage at which they had arrived, observing, that they had followed the same line with the House of commons; but it had so happened, that the House of commons were in a more advanced stage of the business. At present their lordships' committee were employed in searching for precedents, and had not yet been able to make their report. When that report should come before them, they would see what step ought farther to be taken, with a view to do that which they must all wish to see done-to restore vigour and efficacy to the executive government of the country, and above all things, to take care faithfully to discharge the duty of subjects, and preserve the rights of the King entire, so that when God should permit his Majesty to recover from his present melancholy malady, he might not find himself in a worse situation than he was in before his infirmity, or disabled from the full exercise of all his rightful prerogatives. He could not avoid taking notice of the eloquent and energetic manner in which a noble viscount had, in their last debate, expressed his feelings on the present melancholy situation of his Majesty; feelings rendered more poignant from the noble viscount's having been in habits of personally receiving various marks of indulgence and kind

ness from the suffering Sovereign. His own sorrow, he declared, was aggravated from the same circumstance: his debt of gratitude also to his Majesty was ample for the many favours which he had graciously conferred on him; and which, when he forgot, might God forget him! In the last conversation that had taken place in that House upon the subject, two opinions different from each other had been propounded. As these opinions ran in opposite lines, and could not be brought to one and the same point, some path between the two, he conceived, must be chalked out. What that path was, remained for their lordships to find, and, possibly, they would be assisted by some communication from the other House. It was, nevertheless, his opinion, that no question that was not absolutely necessary ought to be agitated; and that, if it could be done, the proceeding with perfect unanimity was most desirable.

Earl Fitzwilliam remonstrated against the idea of having it stated that private affection ought to govern their lordships in an important proceeding, on which the public welfare so essentially depended, He was persuaded that the Brunswick family would consider it as an ill compliment to them, to ground a proceeding of that magnitude on the basis of private and personal affection to the King.

The Lord Chancellor assured the noble earl that he misconceived him if he imagined that he barely rested what they ought to do in the present emergency on their private affection for the person of the Sovereign; they had heard him expressly declare it to be their duty as subjects to preserve the rights of the King entire. Not that he would have any noble Lord, or any man living, imagine that there was a shade of difference between the public allegiance and loyalty due to the Prince and the private affec tion and love which his subjects bore him. His Majesty, through a reign of twentyseven years, had proved his sacred regard to the principles which seated his ancestors on the British throne, and his anxious desire, on every occasion, to maintain and uphold, in all its purity, that constitution which had made its subjects a free and a happy people.

Viscount Stormont said, that his sentiments were, in many particulars, congenial with those of the learned lord on the woolsack. He would, therefore, only detain their lordships with stating in what

he differed from that learned lord. The learned lord had stated, that two opinions had been propounded in the last debate which ran in parallel lines, and could not be reconciled and brought to one and the same point. So far from this being the state of the case, he thought that nothing could be more easy than to reconcile the one to the other. He should beg leave to remind the House, of what he had in his speech on Thursday last repeatedly mentioned, that the agitating the subject that day discussed, and which gave occasion for the two opposite opinions to be stated and insisted upon, was not imputable to him or to any one noble lord who had spoken on his side of the question. Their lordships must all remember, that the subject had been introduced by the Lord President in a most extraordinary, and he would say, disorderly and unparliamentary manner. [Lord Stormont was called to order, and the House was for some seconds thrown into confusion, by different lords rising at the same time to speak.]

The Duke of Richmond said, that as no question was before the House, he would move" That the House do adjourn."

Viscount Stormont observed, that lord Sydney had called him to order; and the earl of Derby, and several lords near him having repeated the words "Lord Sydney to order,”

Lord Sydney rose with some warmth, and said, he was commanded by five or six lords on the opposite bench, to speak. He lamented that the House had already betrayed a temper which, in his mind, ill became the solemnity of the subject they were discussing. Such behaviour was not decent in such an assembly, and at such an awful moment. He knew not what offence he had given, that he should receive a reprimand; but if any noble lords had taken offence at him, he would have them learn, that there were other ways of settling differences between one gentleman and another. He thanked Heaven, warm as he was by nature, that his warmth seldom lasted long. After this indication of his return to coolness, lord Sydney stated why he thought lord Stormont had transgressed order; he had grounded this idea, he observed, upon the allusion of the noble viscount to matter which had passed in a former debate.

Lord Rawdon complained of the introduction of any discussion that was likely rather to excite disagreement and diffe

rence of opinion, than produce unanimity and cordiality. He complimented the Lord Chancellor on having so expressly declared his coincidence in that sentiment, and mentioned the bills that were pasted up in the streets, with a view to call the multitude to take a part in the discussions of parliament, and to mislead and inflame their minds by inferences grossly false and violent. He joined in deprecating the discussion of the question of rights, and said, if he stood singly on the subject, he would divide the House against its being agitated.

The Lord President said, he could not sit silent, and hear himself charged with having been guilty either of a crime, or at best a very censurable act of indiscretion. A noble viscount had said, that he, in a manner equally extraordinary, disorderly, and unparliamentary, had introduced the topic concerning which they had discoursed last Thursday. He was ready to confess, that he did take notice of what had passed in another place, in the course of his opening speech; but he denied that, from the general words which he had used, any noble lord was warranted to fix on him a charge of having spoken im a disorderly or an unparliamentary manner. Not that he meant to deny that, by "the other place," he did mean the House of Commons. He certainly did, and if the question were put to him, whether any allusion in that House to what had passed in the other was disorderly and irregular, he should admit that it was; but such allusions they all knew, though in strictness irregular, were made every day and overlooked, or if noticed, done so by stating that they were disorderly, in so good-humoured a tone, that no party felt uneasy. The noble viscount had, that day, used the word "unparliamentary," with so angry and vehement a tone, that it seemed as if they were determined to proceed with a degree of passion and animosity, exceedingly to be lamented. He must, however, in justice to himself, deny that he was that wicked and bad man who had broached the doctrine of the rights of the Prince, in contradistinction to the rights of the two Houses of Parliament. He did not first broach the doctrine; and, therefore, he did not hold himself answerable for the consequences. Having been broached, it must be noticed, because they were engaged in a proceeding which would materially affect the liberties of posterity, and therefore nothing dark or doubtful

ought to be suffered to remain untouched and undecided in the adjustment of so

momentous a concern.

Viscount Stormont proceeded to state why he thought the two opinions that had been propounded in the last debate might be reconciled. As it was then publicly known what was the intention of government with regard to the regency, which he reminded their lordships was a circumstance not known to the House when they had last discussed the subject, his opinion was, that they should forthwith proceed to declare the Prince of Wales sole Regent. At present, with a dismembered legislature, the country stood in a situation in which it ought to be suffered to remain as short a time as possible. As it was necessary, according to all their opinions, to proceed to practical measures, it ill became them to waste the time in agitating theoretical speculations. Of that nature was the question of right, which, in his mind, it was equally idle and fruitless to discuss. He remonstrated against delay, and asked the House, if they wished to follow the example of that whimsical set of philosophers who, when Mahomet the second scaled the walls of Constantinople, and took the city by storm, were actually made prisoners in the act of sitting in debate upon fruitless metaphysical speculations and frivolous inquiries. He thought it behoved them to proceed to declare the Prince sole regent, and, as all the royal prerogatives were allowed to the sovereign, not for his pleasure or satisfaction, but with a view to the good of the subject, to vest the Prince with them entirely. He put the case of an affectionate father, who would wish his son's government to be prosperous; to be prosperous it must be strong, and without every power which government ought to possess, it could not prove either prosperous or strong. Great must be the danger of continuing without a vigorous executive government. With regard to the safety of the state from foreign enemies, he looked to the vigilance of ministers, the force of the country, and the friendly dispositions of the neighbouring powers. A variety of reasons might be stated to prove the pressure of the moment, and the urgency of the case. He particularly pointed out the anxious and unpleasant situation of lord Carmarthen, as secretary of state for foreign affairs, who, for several weeks past, had not been able to forward a single instruction to any of our ministers abroad, since it

was well known all such instructions were sent in the name and by the command of the King.

Earl Stanhope expressed his anxious wish, that what the House had that day heard from the Duke of York could have been given in writing, so as to have been made, in some way or other, matter of record. It was too important a communication to be suffered to remain in fleeting words, which could not be handed down to posterity for them to quote as a proof of the existence of an essential part of the constitution.

The Duke of Gloucester rose, and after stating the peculiar unpleasantness of his own situation, and declaring that it was only four hours since he had heard that any thing was to be agitated upon the subject that day, deprecated the discussion of a question, which could only tend to produce the most mischievous consequences. He declared himself a mere individual, not influenced by party, but actuated by a sincere love of his country, and a strong sense of what he knew would be his Majesty's feelings, were he happily to recover from his present lamented indisposition. His royal highness trusted, that the good sense and loyalty of a majority in each House, would yet prevent the threatened decision on this point. Perseverance in it was mischievous to the last degree, and could not be meant for the public good. For his part, he felt so strongly on the subject, that if the attempt was persisted in, and the question brought before that House, he could only say, that he believed he should not dare to trust himself to come forward and speak his sentiments on the extraordinary conduct of those, who were unnecessarily inclined to compel a decision on so delicate a question.

Lord Cathcart said, that the papers pasted against the walls of the public streets, which had been alluded to by a noble lord, were not the only attempts to inflame the minds of the multitude. Other papers, replete with violence and falsehoods, and calculated to misrepresent the conduct of ministers, and make it appear that one of them brought himself forward as a competitor with the Prince of Wales, had been first pasted up, and distributed through the cities of London and Westminster. He concluded with moving an adjournment; which was agreed to.

Dec. 17. The Lord President of the Council brought up the Report from the

Committee who had been appointed "to | liberty of submitting to them before he examine and report precedents of such proceedings as may have been had, in case of the personal exercise of the Royal Authority being prevented, or interrupted by infancy, sickness, infirmity, or otherwise, with a view to provide for the same." The Report was read by the clerk, and ordered to lie on the table, and be printed.

Proceedings in the House of Commons on the King's Illness.] Nov. 20. The House met, and as soon as Mr. Chancellor Pitt had taken his seat the Speaker rose at the table, and observed, that, as he believed no new commission had been issued for the farther prorogation of parliament, he wished to know whether it was the pleasure of the House that he should take the chair? A general call of Chair! chair! immediately prevailed; in consequence of which, the Speaker went to his seat, from whence he stated to the House what writs had been issued by him during the recess. The new members then took the oaths; and when they had all been severally

sworn,

offered the motion of adjournment, which was, that if his Majesty's illness should unhappily continue, contrary to the wishes and prayers of his people, longer than the proposed period of a fortnight's adjournment, as it would be indispensably neces sary for the House to take into their immediate consideration what measures were proper to be adopted, in order, as far as they were competent, to endeavour to guard against the dangers which might arise from the not being able to open the session in the usual form, so it would be equally incumbent on them to ensure as full an attendance as he then saw, in order to give the proceeding, whatever it might be, all the weight and solemnity in their power, to contribute towards supplying the deficiency of the royal proclamation. He, therefore, submitted to the consideration of the House the propriety of a motion, which, with their consent, he should offer for a call of the House on that day fortnight; and that the call might be rendered as effectual as possible, he should accompany it with another motion, directing the Speaker to write circular letters, requiring the attendance of every member on that day fortnight. He would now move, " 1. That the House, at its rising, adjourn to that day fortnight. 2. That the House be called over on the 4th of December. 3. That the Speaker be directed to send circular letters, requiring the attendance of every member on that day." The House agreed to these motions nem. con., and, upon the question put, adjourned to that day fortnight.

Mr. Pitt rose and said, that consistently with his duty, he must beg leave to inform the House, that the cause of their being thus assembled, without the usual summons and notice that they were to meet for the dispatch of business, upon the commission for the last prorogation of parliament expiring, was owing to the contingency of the unfortunate illness with which his Majesty had been severely afflicted, and which had prevented his servants from receiving his commands. He added, that the few authorities which existed, and which were at all similar in their application to the present singular situation of affairs, had been consulted; but, as they did not point out the possibility of issuing a new commission for the farther prorogation of parliament, nor enable them to open the session in the usual form, nor indeed in any way at all regular, he trusted that every gentleman would agree with him, that, under the present circumstances, it would be highly improper for the House to proceed to the discussion of any public business what-ing to public business; that there was ever, and that it was absolutely necessary for them to adjourn. He meant, therefore, before he sat down, to submit to their consideration a motion for the adjournment of the House, at, its rising, to that day fortnight. One more point, and one more point only, he should take the

Dec. 4. The House being met, pursuant to adjournment and the Speaker having taken the chair, Mr. Pitt presented a report of the examination of the King's physicians, taken the preceding day upon oath, by the privy council, relative to the state of his Majesty's health. This report was read at the table by the clerk, and was in substance as follows: Dr. Warren's opinion, as deduced from the questions put to him by the privy council was, that his Majesty was at present incapable of attend

great probability that his Majesty would, in time be able to resume his share in the government of the country; but that he could not say when such an event was to be expected. His opinion was founded on personal experience, and consultation with other physicians. Sir George Baker, sir

Lucas Pepys, and Dr. Reynolds were severally of the same opinion. Dr. Adding ton was still more sanguine in his hopes of his Majesty's recovery, as he had seldom or ever known cases attended by such symptoms as he had discovered in his Majesty, fail of a happy termination.

privy council, had been taken upon oath, which could not be the case if they were to be examined at the bar of the House.

Mr. Fox said, that however willingly he acquiesced in the steps that had been taken in this melancholy business, he still had his doubts whether gentlemen ought to rest satisfied without the personal examination of those physicians, on whose testimony they were to found consequences of the utmost importance. They would, no doubt, all feel it necessary to act with every possible delicacy in the course of their proceedings; but, at the same time, if delicacy and their duty should happen to clash, the one ought not to be

Mr. Pitt then moved, "That the said report be taken into consideration on Monday next." At the same time, he gave notice, that on that day he would move that a committee should be appointed to search for precedents in any degree applicable to the present melancholy state of public affairs, and report them to the House. The awful magnitude of the present crisis, called for the most serious de-sacrificed to the other. liberation; and the House could not, in his opinion, proceed with too much solemnity, or be too cautious in its determinations, in a business of such moment as was that which must shortly be brought before them.

The question was then agreed to nem.

con.

The Speaker now expressed his doubts, whether, during the inefficiency of one branch of the legislature, he was competent to issue writs for filling up the vacancies that should happen in the representation of the people in that House. It was the present vacancy in the borough of Colchester, occasioned by the death of sir Edmund Affleck, that first suggested to

Mr. Vyner sincerely lamented the melancholy occasion which rendered such a motion necessary, and believed every man in the country was truly concerned at so dreadful a circumstance. A report taken by the privy council was undoubt-him the grounds of those doubts. edly entitled to great weight, but he questioned whether it suited the dignity of parliament, that such a report should be made the ground work of a parliamentary proceeding. He felt himself at a loss to determine whether that House could, or ought to take the report of the council as the guide of its conduct; he was rather inclined to think that it ought to order the attenddance of his Majesty's physicians, and hear them examined at the bar, before any final measure should be proposed or adopted. This, however, he threw out only as his private opinion; the House would judge for itself.

Mr. Pitt was decidedly of opinion, that though no act could take place which required the joint concurrence of the different branches of the legislature, yet each of them in its separate capacity was fully competent to the exercise of those powers which concerned its own orders and jurisdiction.

Mr. Pitt said, that nothing could be farther from his intention, than to preclude any measure which the House might, in its wisdom think necessary to adopt, for the purpose of procuring the most ample information. He was of opinion, however, that when gentlemen reflected upon the delicacy of the subject, and the dignity of the great personage to whose state of health the report referred, they would think with him that the mode pursued by the privy council was precisely that which ought to have been adopted, and which parliament might, without suffering the least infringement of itsdignity, pursue. The examination of the physicians, by the

The House then adjourned.

Dec. 8. Mr. Pitt rose, and having desired permission to offer some necessary remarks to the consideration of the House, previous to their entering upon the dis cussion of the order of the day, added that, on the preceding Thursday when the motion had been made, "That the minute of the examination of the physicians who had attended his Majesty during his illness, as delivered upon oath before the Lords of the Council, be that day taken into consideration," some gentlemen had entertained doubts, whether that would be the proper way to found a parliamentary proceeding; and he had, at the time, hinted an idea, that the examination having been taken on oath would be suffi cient; but he had spoken on the impulse of the moment, and was exceedingly desirous that the mode of proceeding should be perfectly satisfactory to the House in

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