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shall not now be vested in

any trustee was vested, before the passing of this or trustees for his majesty's use, shall act, or in whom the same is vested by immediately from and

after the passing the provisions of this act, shall hold all of this act vest in the queen's most ex- such estates and property for the use cellent majesty, his royal highness the and benefit of his majesty, and preserve regent, and the keeper of his majesty's the produce thereof, and of all rents, privy purse for the time being, as trus- issues, profits, dividends, interest, and tees thereof, for the use of his majesty, sums of money, arising and accruing and for the protection and care thereof therefrom, for his majesty's use and during his majesty's illness, and pre- benefit, and for the future disposal of servation thereof for his majesty's use his majesty, in case no disposition shall and future disposal ; and her said ma- have been made thereof by his majesty jesty, and his said royal highness the before his illness; and all such real regent, and the keeper of his majesty's and personal estate and property, and privy purse, may appoint a secretary rent, issues, profits, produce, dividends, and such other persons as may appear interest, and sums of money

aforesaid, to them to be necessary for the ma- arising and accruing therefrom, where nagement of and keeping the accounts of no disposition shall have been made of the said trust, with such salaries to by his majesty before his illness, shall, be paid out of the proceeds of the trust if no disposition thereof shall hereafter property, as may appear to the said be made by his majesty, go and be distrustees to be proper; and all persons posed of according to law: provided in the care or management of any real always, that nothing in this act con or personal estate or property, so vest- tained shall be construed to invalidate, ed in such trustees as last aforesaid, or in any manner to affect any dispo. under this act, shall in like manner as sition which shall have been made, or a foresaid be subject to the order, con- which shall hereafter be made, by his troul, direction, appointment, or re- majesty, by deed, will, or otherwise, moval of such trustees as last aforesaid, of any such property or proceeds there. and shall account to such trustees in of as aforesaid, either before or after like manner as is herein before directed, his majesty's illness, which should have in relation to such real and personal been, or would be a good and valid estate and property as was vested in disposition of such property, if this trustees before the passing of this act ; act had not passed. and shall in like manner as aforesaid, XXX. And whereas his majesty apply, pay over, lay out, invest, or hath been accustomed from time to otherwise dispose of the rents, issues, time, by the advice and on the recomprofits, dividends, interests, and sums mendation of the commissioners of the of money, arising or accruing theretreasury, to make grants out of the from respectively, according to the or- droits of the crown and of the admi. der and direction of such trustees as rality to persons concerned or interest: aforesaid : provided always, That alled in the capture of any vessels and dividends arising from any public funds cargoes, or other property, condemnor securities shall be from time to time ed to or becoming vested in his mainvested and laid out in the purchase jesty, as droits of the crown or of the of other like funds or public securities, admiralty, or to persons praying for unless any other order or direction relief as of his majesty's bounty in any shall be given by the trustees thereof cases of damage or injury sustained by respectively; and all trustees in whom them on account of or in any manner any real or personal estate or property connected with any capture or prize,

ture of

or occasioned by any engagement with called into activity otherwise than by ships of the enemy; be it therefore the adjudication of the estates of the enacted, That the said regent shall have realm. full power and authority, by the ad- Those who have maintained a righe vice and on the recommendation of the in the two houses, have admitted the commissioners of the treasury for the expediency of conferring the appointtime being, or any three or more of ment on his Royal Highness the Prince them, out of the droits of the crown of Wales. or the droits of the admiralty, or any Finally, those who deny any posi. part or parts thereof, from time to tive legal right, either in the prince time to make any such grants to per- to assume, or the estates to confer the sons concerned or interested in the cap- exercise of the royal authority, do

any vessels or cargoes, or other nevertheless approve of the estates ofs property, which have been or may fering, and of the prince accepting, hereafter be condemned to or become the office of regent on the present mevested in his majesty as droits of his lancholy occasion. crown or of the admiralty, or to any To select, therefore, topics of disperson or persons praying for relief in agreement among men who are disany cases of damage or injury sustaine posed to concur in the practical coned by or on account of any matter or clusion of supplying the defect in the thing arising out of or in any manner exercise of the royal functions, l'y a connected with capture or prize, or regent, in the person of his Royal occasioned by any engagement with Highness the Prince of Wales, seemships or vessels of the enemy, in such ed to us repugnant to the maxims manner as his majesty hath heretofore of prudence, and directly at variance by the advice of the said commissioners with those examples of moderation and been accustomed to make any grants temper, which, at remoter periods of of the same.

our history, as well as at the glorious revolution of 1688, had been held out to us by the conciliatory policy and

wisdom of our ancestors. On the Rejection of the previous Ques

2. Because the agitation of the ques. - tion moved on the Second Resolu- tion was calculated to produce delay; tion respecting the Regency. and delay in supplying the means of

exercising the royal authority, must 1. Because it is always unwise, and either be injurious to the public seroften unsafe, to assert abstract prin- vice, or subversive of the constitution ciples, on the truth of which the

pro

of this kingdom. For the functions ceeding proposed to be adopted does of the executive government cannot be not exclusively rest ; and on the pre- discontinued during a period of ex. sent occasion, it seems peculiarly un- tensive war and great national embar. necessary to exact a compliance with rassment, without injury to the public speculative and questionable premises, welfare ; and the duties of the kingly to establish a conclusion in which all office cannot, on the other hand, be seem practically to concur.

discharged by those who usurp the Those who have regarded the prince royal authority, unsanctioned by the as having a right to assume the royal laws, the consent of the estates, or the functions on the declared incapacity knowledge of their sovereign, withof his father, have always held that out imminent danger to the constita. the exercise of that right could not be tion of the country.

5

PROTESTS.

Cumberland Holland

of fraud, as well as the assumption of Clarence Jersey

powers not vested by the law and con. Kent Lauderdale

stitution of our country in the two Sussex Ponsonby

houses of parliament. Gloucester Bedford

4. Because, though we have heard Charlemont Albemarle

it argued in debate, that the mode as Granard Keith

proposed, of proceeding by bill, affordYarborough Upper Ossory ed stronger security for the concur. Erskine Hastings

rence of his Royal Highness the Prince Fitzwilliam Dundas

of Wales in such measures as the wisHereford Ailsa

dom of the two houses may recommend Thanet Spencer

for the care of his majesty's person, Donoughmore Norfolk

and for the reputation of the regent's Somerset

Say and Sele authority, we have hitherto learned Dutton Rosslyn

from no one, that there existed any Scarborough Grantley

circumstance in the station or characCholmondeley Hutchinson ter of his Royal Highness the Prince Carlisle

Suffolk and of Wales, which could suggest the Stafford

Berks.

propriety of desiring stronger security than our ancestors exacted from

the Prince of Orange, for his concurOn the Rejection of the Amendment to rence in such laws as they deemed nethe third Resolution.

cessary for the maintenance and safety

of the liberties of the people. 1. Because no objection has been 5. Because, if we were capable of urged to the amendment, which does entertaining the unfounded suspicion, not in greater force apply to the ori- that his Royal Highness the Prince of ginal resolution, and to every method Wales had an inclination to withhold that can be devised for supplying the his assent to such measures as the defect of the personal exercise of the two houses of parliament were dispo. royal authority in the present emer- sed to suggest, for the security of his gency:

majesty's person, or for the regulation 2. Because an address, such as is of the regent's authority, we should proposed in the amendment, is con- be of opinion, that his royal highness's formable to the practice of our ances, accepting the power of conducting the tors at the glorious æra of the revolu• government in consequence

of an adtion, who, before they declared the dress, in which such regulations are throne to be vacant, requested the stated, would afford better security prince of Orange, by address, to con. than an act of parliament, which, if tinue to administer the government of passed in the manner proposed, must the country, and after declaring the at least appear to us of doubtful effect, vacancy of the throne, did, by decla. after the legislature has declared the act ration, proceed to an immediate revi- enacting the attainder of the duke of val of the royal authority.

Norfolk to be void and null the com3. Because an address to his Royal mission under which it was passed not Highness the Prince of Wales is the having been signed by his majesty's most plain, direct, and, above all, ex. hand, or having the usual words indipeditious method of supplying the de- cating the royal assent. fect in the exercise of the royal autho. Clarence

Norfolk, E. M. rity; and is free from all appearance Kent

Thanet

Sussex
Dutton

royal presence, being personally present Gloster Clifton

in the higher house of parliament, or by York Grantley

his letters patent under a great seal, as Cumberland Erskine

signed with his hand, and declared and Cambridge Fitzwilliam notified in his absence to the lords spi. Hereford Keith

ritual and temporal, and the commons Say and Sele Upper Ossory assembled together;"--and the omisDonoughmore Hastings

sion of the usual words in the commisSpencer Dundas

sion, and the substitution of the king's Lansdowne Ailsa

stamp for his royal signature are by Cholmondeley Charlemont the statute of Queen Mary, declaring Scarborough Granard

the attainder of the Duke of Norfolk Stafford Yarborough

of none effect, deemed sufficient to renVassal Holiand Headfort

der void and null the assent given unJersey Butler

der that commission, although the Lauderdale Rosslyn

great seal was annexed thereunto. Ponsonby Hutchinson

By the 13th of Charles II. it is furBedford

Suffolk and Berks ther declared, that no act or ordinance Albemarle Carlisle.

with the force or virtue of a law can be made by either or both houses of

parliament. Against the third Resolution.

We conceive, therefore, on the one 1. Because the proposal contained hand, that a commission so created, in the resolution, as explained in de- and so limited, can never by any ficbate-that the two houses should di- tion of law, or annexation of seal, conrect the royal assent to be given by a vey the royal assent in defiance of the bill or bills under a commission, to obvious meaning of language, and the which the great seal, by their direction strict and legal definition of the term; and authority, is to be affixed-seems and on the other hand, till the royal to us a solecism in language, and a vio- assent be obtained, we cannot, in violation of the common and statute law lation of the fundamental principles of of this kingdom.

the constitution, and in the face of a If the assent is given by the direc- declaratory statute, give to the act or tion of the two houses of parliament, ordinance of the two branches of the without any person being empowered legislature only, the force and virtue of to give or withhold, at his discretion, a law. that assent, it is in substance the assent 2. Because in no instance while the of the two branches of the legislature government of this country has been to their own act ; and it can neither acknowledged to be in king, lords, deserve the name, nor obtain the autho. and commons, has any statute or law rity of the assent of the king, or of been enacted without the concurrent any person representing on his behalf assent of the three branches of the lethe third branch of the legislature. gislature.

By the statute of the 33d of Henry 3. Because the proceedings of the VIII. and more expressly by the 1st two houses in 1788 are incomplete, of Queen Mary, session the 2d, it is and cannot therefore be entitled to the provided, declared, and enacted, That weight and authority of a constitu. the royal assent or consent of the king tional precedent. or kings of this realm to any act of par- The adherence to precedent, so wiseliament ought to be given in his own ly enforced by the theory and practice

1

of oui constitution, is justified by con. Albemarle Dutton siderations which cannot attach to in- Keith

Rosslyn complete transactions, viz. the union Hastings

Clifton of authority and experience, and a con- Grantley Hutchinson fidence in the wisdom of a design Cholmondeley Stafford founded on a view of the benefits re- Suffolk and Berks Scarborough. sulting from the execution of it. Carlisle

The opinions therefore of the majorities and minorities of 1788-9 deserve such attention as the respective Correspondence between the Regent

and Mr Perceval on the annuncianumber and characters of those who

tion of his Royal Highness's Detercomposed them are calculated to com

mination to retain the present Mimand; but they cannot obtain the force and value of a constitutional pre

nisters in his Service. cedent, which can only be conferred

Carlton-House, Feb. 4, 1811. on a measure by the practical know- The Prince of Wales considers the ledge and experience of its effects. moment to be arrived, which calls for

4. Because the conduct of the Irish his decision with respect to the persons parliament in 1789 forms as binding a to be employed by him, in the admiprecedent, and affords as salutary an nistration of the executive government example to the two houses of the im- of the country, according tothe powers perial parliament, as the proceedings vested in him by the bill passed by the of the estates of Great Britain on the two houses of parliament, and now on same occasion—and the two houses of the point of receiving the sanction of parliament in Ireland concurred in a the great seal. joint address, requesting his Royal The prince feels it incumbent upon Highness the Prince of Wales “ to him, at this precise juncture, to comtake

upon him the government of the municate to Mr Perceval his intention realm of Ireland during his majesty's not to remove from their stations those indisposition"--and “ to exercise and whom he finds there, as his Majesty's administer, according to the laws and official servants. At the same time constitution of that kingdom, all regal the prince owes it to the truth and sinpowers, jurisdictions, and prerogatives, cerity of character, which, he trusts, to the crown and government thereof will appear in every action of his life, belonging.”

in whatever situation placed, explicitly Clarence Dundas

to declare, that the irresistible impulse Sussex Ailsa

of filial duty and affection to his beGloster Headfort

loved and afflicted father leads him to Kent Butler

dread that any act of the regent might, York

Charlemont in the smallest degree, have the effect Cumberland Granard

of interfering with the progress of his Cambridge Yarborough sovereign's recovery. For 2d, 3d, and Upper Ossory This consideration alone dictates the 4th reasons, Erskine

decision now communicated to Mr PerLansdowne Fitzwilliam

ceval. Holland Thanet

Having thus performed an act of inJersey Hereford

dispensable duty, from a just sense of Lauderdale Donoughmore what is due to his own consistency and Ponsonby Spencer

honour, the prince has only to add, Bedford

Norfolk, E. M. that among the many blessings to be

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