House of Commons
Tuesday, January 15, 1811.
Resolution Respecting Letters Patent for Opening the Parliament
called the attention of the House to a clerical error in the Resolution adopted last night, authorizing the Great Seal to be put to a commission for opening the Parliament. This error existed in the Resolution as it came from the Lords, and rendered the sentence in which it took place perfect nonsense. Before, therefore, the Lords were apprised of the concurrence of the Commons in the Resolution, it was desirable that the absurdity should be corrected. The sentence to which he alluded ran thus,—"That it is expedient and necessary that Letters Patent should issue under the Great Seal of the United Kingdoms of Great Britain and Ireland, called Great Britain." Now, whether it was intended to call the Great Seal, Great Britain, or to call the United Kingdoms Great Britain, the error was equally manifest, and he should move to leave out the superfluous words. In the first place, however, it would be necessary to discharge the order for apprising the House of Lords of the concurrence of the Commons in the Resolution; and he would thereupon move, that the said order be discharged.
said, he did not rise to oppose the motion. At the same time he confessed, that he could see no impropriety in allowing the language of the Resolution to bear as near a resemblance as possible to the general character of the whole proceeding.
The order was then discharged; the superfluous words "called Great Britain," were omitted, the Resolution as amended was agreed to, and lord Clive was sent to the House of Lords to request a Conference on the subject.
Execution of a Convict
observed, that as the House was unemployed in the absence of the noble lord, he would avail himself of the opportunity to mention a circumstance, the occurrence of which had made a deep impression on his mind. This circumstance was, that a convict had been allowed to suffer death during a period when all access was closed to the fountain of mercy. He had himself written a letter upon the subject on Sunday, to the right hon. Secretary of State opposite; and he returned him his thanks for the ready and polite attention which he had received, although their opinions were dissimilar. He would not give any formal notice on this subject. He would turn it over in his mind, and consult his friends upon it, and possibly might, at some future period, bring it under the consideration of Parliament.
expressed his unwillingness that a false impression should be allowed to remain for a single moment upon the public mind, with respect to the proceeding adverted to by the right hon. gent., and therefore although the forms of the House precluded any thing like discussion or argument, he might perhaps be admitted to state, that what had taken place was in strict execution of the letter of an act of parliament. On occasions, such as that alluded to, the judges had full power to respite a convict if it appeared to them that such a respite ought to be granted; and although the ultimate fountain of mercy might be closed, yet all the intermediate channels were open. In this case, however, there had not been any application, either judicial or otherwise, with a reference to the statement of circumstances favourable to the unhappy convict who had subjected himself to the sentence of the law. He repeated his anxiety that no false impressions should go forth on the subject; but that it should be clearly understood that what had been done was done in strict conformity to the provisions of an act of parliament, which declared that the punishment of murder should take place within a certain period after conviction.
declared, that he would be the last man in the world to throw out insinuations in a case on which he should, perhaps, after all, not think it advisable to adopt any parliamentary proceeding. He was fully aware that the act required the execution of the sentence in a certain time. He was aware also that the judges had it in their own breast to respite if they thought proper. Nor did his observations proceed from any consideration of the merits of the case. He put them wholly out of the question. Instead of imagining that there could be any doubt whether the crime was murder or manslaughter, he would suppose that it was the most foul and atrocious murder that could possibly be committed. The question was, whether under the present circumstances the sentence ought to have been carried into execution? Was not the right hon. gent. aware that the right hon. Secretary of State near him had very properly granted two reprieves to a person under sentence of death in Scotland? And why not in this recent instance? The crime of murder had been more than once pardoned in the present reign. M'Quirke, who was convicted of a murder at the Middlesex election, was pardoned by his Majesty; and Kennedy, who was convicted of murdering a watchman on Westminister-bridge, although not recommended to mercy by the Judge, yet obtained access by other means to the fountain of mercy, and was pardoned. He considered it as the strongest instance of the lame and crippled state of the monarchy, that the fountain of mercy should be stopped, and that a Secretary of State should think himself obliged to assume the first of all the royal prerogatives. The gentlemen opposite had declared, that in cases of great necessity, they would not hesitate to take on themselves the responsibility of exercising the functions of the executive government. He imputed no blame to them for this declaration. It was necessary that the army and navy should be paid. But here was an assumption of the royal prerogative not called for by the necessity of the case. Where would have been the evil of reprieving this unhappy man for a fortnight, when a legitimate authority would have existed to pronounce on his fate? The country was placed in a deplorable situation, when a subject thus imagined that he was justified in unnecessarily assuming the first prerogative of the crown.
, after what had been said by the right hon. gent. could not refrain from making a few observations. The right hon. gent. had accused him of acting differently with respect to the person under sentence of death in Scotland, and the unhappy man who was yesterday executed; that in the latter instance he had suffered the law to take its course, and that in the former he had taken on himself the responsibility of extending the interval between the sentence and the punishment. But the two cases were perfectly different. In the case of the man condemned to death in Scotland, after consulting those who were concerned in the prosecution, he had thought it incumbent upon him not to assume the prerogative of pardoning, but to suspend the execution of the law. As to the other case he had taken all possible pains (without any application from the unhappy individual) to ascertain whether there were any possible grounds to admit of the extension of mercy. He had been informed by the Recorder, that he and the learned judges who assisted him on the bench, had not the slightest doubt of the guilt of the individual. Indeed, had they entertained the slightest doubt of his guilt, it would have been their duty (and he was sure that it would have been their incliclination) to exercise the power entrusted to them by law, of granting a reprieve. But considering that it was as foul a murder as had ever been committed, they thought it incumbent on them to suffer the law to take its course. He submitted to the House, when the Judges, who were necessarily the best acquainted with the merits of the case, thought fit thus to proceed, whether it would have been consistent with his duty to suspend the operation of the law, and to have obstructed the course of an act of parliament, which required (for very wholesome reasons), that in cases of murder the punishment should take place the day after the conviction? He conceived that what had occurred ought to have occurred. He conceived that in ordinary cases the ordinary operation of the law ought to proceed; and that where no notice was taken by the court of circumstances of alleviation, he would not be justified in any interference. He conceived also that the learned judges would not have been justified in respiting the convict on the ground urged by the right hon. gentleman.
Opening of the Session
Lord Clive appeared at the bar, and reported that the Lords had agreed to the desired Conference. The same Committee was appointed to manage the present Conference as that which managed the last; and immediately went forth with the amended Resolution.—On their return, lord Clive informed the House, that they had left the amended Resolution with their lordships, desiring their concurrence therewith.—In a few minutes a Message from the Lords announced their lordships' concurrence in the Amendment made by the Commons to the Resolution.—After which the Deputy Usher of the Black Rod made his appearance, and desired the attendance of the House of Commons in the House of Lords, to hear the Commission of the Lords Commissioners read.
The Speaker and all the Members present accordingly attended. On their return, the Clandestine Outlawry Bill was read a first and second time pro forma.
The Speaker then acquainted the House, that that House had been in the House of Peers by desire of the Lords Commissioners, appointed under the Great Seal for opening the Session of Parliament, when the Lord Chancellor had made a Speech, of which, to prevent mistakes, he had procured a copy.—(The Speaker here read the Speech, for which see the proceedings of the House of Lords.)
wished to know, whether in the opinion of the right hon. gent. opposite, the Commission which had already been issued, contained sufficient power to authorise the royal assent to be given to any legislative proceeding without the necessity of issuing a second commission? It was well known that great doubts existed on this subject at a former period in the mind of the earl of Hardwicke, then Lord Chancellor. He was desirous of ascertaining the sentiments of the right hon. gent. opposite upon it.
clearly understood that it would be necessary to constitute a second Commission, for the purpose of giving the royal assent to any proceeding of the two Houses. He was about to propose the introduction of a Bill, by which a legislative remedy would be applied to the evils which resulted, both in this and in other cases, from the suspension of the Royal Authority, and he should immediately proceed to—
, interposing, observed, that the usual course of the House at the commencement of a Session was to establish itself, by the appointment of its Committees; Grand Committees, &c.
The Committees and Grand Committees of Religion, Trade, Privileges, &c. were then appointed, and the usual Standing Orders of the House were read and agreed to.
The Regency Bill, as Brought in by the Chancellor of the Exchequer
observed, that the general anxiety for the introduction of the Bill, leave to bring in which, he was about to solicit, and the ample discussions which had already taken place on the subject, rendered it unnecessary for him to say one word more than merely to move, "That leave be given to bring in a Bill to provide for the Administration of the Royal Authority, and for the care of his Majesty's Royal Person, during the continuance of his Majesty's illness, and for the resumption of the exercise of the Royal Authority by his Majesty."
rose, not to oppose the motion, because he conceived that the proceeding of the two Houses of Parliament to supply the deficiency in the executive authority had been much too dilatory, but to express his regret that another course, by which a number of inconveniences would have been avoided, had not been adopted in preference to the present.
The motion was then agreed to; and the Chancellor of the Exchequer, Mr. Secretary Ryder, lord Clive, the Master of the Rolls, and the Attorney and Solicitor General, were instructed to bring in the Bill. The Chancellor of the Exchequer immediately brought up the Bill; and, on his motion, it was read a first time, and ordered to be read a second time to-morrow, and to be printed. The following is a copy of the said Bill:
A Bill
To provide for the Administration of the Royal Authority, and for the Care of His Majesty's Royal Person, during the continuance of His Majesty's Illness; and for the Resumption of the Exercise of the Royal Authority by his Majesty.
"WHEREAS by reason of the severe indisposition with which it hath pleased God to afflict the King's most excellent Majesty, the personal exercise of the Royal Authority by his Majesty is for the present so far interrupted, that it becomes necessary to make provision for assisting his Majesty in the administration and exercise of the Royal Authority, and also for the care of his royal person during the continuance of his Majesty's indisposition, and for the resumption of the exercise of the Royal Authority by his Majesty;
"Be it therefore Enacted, by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that his royal highness George Augustus Frederick Prince of Wales, shall have full power and authority, in the name and on the behalf of his Majesty, and under the stile and title of "Regent of the United Kingdom of Great Britain and Ireland," to exercise and administer, according to the Laws and Constitution of the United Kingdom of Great Britain and Ireland, and the dominions of his Majesty, the royal power and authority to the Crown of the said United Kingdom belonging, and to use execute and perform all authorities prerogatives acts of government and administration of the same, which lawfully belong to the King of the said United Kingdom to use execute and perform; subject to such Limitations Exceptions Regulations and Restrictions, as are hereinafter specified and contained; and all and every act and acts which shall be done by the said Regent, in the name and on the behalf of his Majesty, by virtue and in pursuance of this act, and according to the powers and authorities hereby vested in him, shall have the same force and effect to all intents and purposes as the like acts would have if done by his Majesty, and shall to all intents and purposes be full and sufficient warrant to all persons acting under the authority thereof; and all persons shall yield obedience thereto, and carry the same into effect, in the same manner and for the same purposes as the same persons ought to yield obedience to and carry into effect the like acts done by his Majesty; any law, course of office, or other matter or thing to the contrary notwithstanding.
"Provided always, That as to all authorities given and appointments made, and all other acts matters and things usually done under the authority of the royal Sign Manual, the signature of the Regent in the form following; that is to say, G. R. by G. P. Rt., shall be as valid and effectual and have the same force and effect as his Majesty's royal Sign Manual, and shall be deemed and taken to be to all intents and purposes his Majesty's Royal Sign Manual, and be obeyed as such.
"Provided always, and be it declared and enacted, That every person, holding any office or place under any appointment or authority from his Majesty, shall continue to hold the same, and to use exercise and enjoy, all the powers authorities privileges and emoluments thereto belonging, notwithstanding the Regency created by this act; unless and until the Regent shall signify his pleasure to the contrary.
"Provided always, and be it further Enacted, That when his Majesty shall be restored to such a state of health as to be capable of resuming the personal exercise of his royal authority, and shall have declared his royal will and pleasure thereupon, as hereinafter provided, all and every the powers and authorities given by this act, for the exercise and administration of his royal power and authority, or for the using executing and performing the authorities prerogatives acts of government and administration of the same, which belong to the King of the united kingdom of Great Britain and Ireland to use execute and perform, or for the care of his Majesty's royal person, shall cease and determine; and no act matter or thing, which under this act, and previous to such declaration might be done in the administration of his Majesty's royal power and authority, or in the using exercising or performing any such authorities prerogatives acts of government or administration as aforesaid, or in the care of his Majesty's royal person, by virtue and in pursuance of this act, shall, if done after such declaration of his Majesty's royal will and pleasure, be thenceforth valid or effectual.
"Provided always, That all persons holding any offices or places at the time of such declaration, under any appointment or authority of the Regent under the provisions of this act, shall Continue to hold the same, and to use exercise and enjoy all the powers authorities privileges and emoluments thereof, notwithstanding such declaration of the resumption of the royal authority by his Majesty, unless and until his Majesty shall declare his royal will and pleasure to the contrary; and all orders acts of government or administration of his Majesty's royal authority, made issued or done by the said Regent, or her Majesty, before such declaration, shall be and remain in full force and effect, until the same shall be countermanded by his Majesty.
"Provided also, and be it enacted, That no acts of regal power prerogative government or administration of government of what kind or nature soever, which might lawfully be done or executed by the King's most excellent Majesty, personally exercising his royal authority, shall, during the continuance of the Re- gency by this act established, be valid and effectual, unless done and executed in the name and on the behalf of his Majesty, by the authority of the said Regent, according to the provisions of this act, and subject to the limitations exceptions regulations and restrictions hereinafter contained.
"And be it further enacted, That the said Regent, before he shall act or enter upon his said office of Regent, shall take the following oath of office:
'I do solemnly promise and swear, That I will truly and faithfully execute the office of Regent of the united Kingdom of Great Britain and Ireland, according to an Act of Parliament passed in the Fifty-first year of the Reign of His Majesty King George the Third, intituled, An Act [here insert the Title of this Act]; and that I will administer, according to Law, the power and authority vested in me by virtue of the said Act; and that I will in all things to the utmost of my power and ability, consult and maintain the safety honour and dignity of his Majesty and the welfare of his people.
'So help me GOD.'
Which oath shall be taken before his Majesty's most honourable Privy Council; who are hereby required and empowered to administer the same, and to enter the same in the books of the said Privy Council.
"And be it further enacted, That the said Regent shall be deemed and taken to be a person having and executing an office and place of trust within England, and shall take and subscribe such oaths, and make and subscribe such declaration, and do all such acts as are required by the laws and statutes of that part of the United Kingdom called England, to qualify persons to hold offices and places of trust; and to continue in the same in such manner as in and by the said laws and statutes are required, and under such pains penalties forfeitures and disabilities as are therein and thereby appointed and ordained.
"And be it also enacted, That it shall be lawful for the said Regent to take and subscribe such oaths, and make and subscribe such declaration, in and before his Majesty's most honourable Privy Council; and that the certificate of his having received the Sacrament of the Lord's Supper, in any of the royal chapels, signed by the person administering the same, shall be sufficient evidence of the said Re- gent's having received the Sacrament; and that such certificate shall be registered in the books of the said most honourable Privy Council; and that such taking and subscribing the said oaths, and making and subscribing the said declaration, and taking the Sacrament of the Lord's Supper as aforesaid, shall be to all intents and purposes as effectual as if the same had been respectively taken made and subscribed, in the manner now required by law for the qualification of persons to hold offices and places of trust, and to continue the same.
"Provided always, and be it enacted, That until after the if Parliament shall be then assembled, and shall have been sitting for weeks immediately previous to the said or if Parliament shall be then assembled but shall not have been so sitting for weeks, then until the expiration of weeks after Parliament shall have been so assembled and been sitting; or if Parliament shall not then be assembled, then until the expiration of weeks after Parliament shall have been assembled and sitting, next after the said the Regent shall not have or exercise any power or authority to grant, in the name and on the behalf of his Majesty, any rank title or dignity of the Peerage, by letters patent, writ of summons, or any other manner whatever, or to summon any person to the House of Lords by any title to which such person shall be the heir apparent, or to determine the abeyance rank title or dignity of Peerage, which now is or hereafter shall be in abeyance, in favour of any of the coheirs thereof, by writ of summons or otherwise.
"Provided also, and be it further enacted, That the said Regent shall not, until after the said or the expiration of such weeks as aforesaid, have power or authority to grant, in the name or on the behalf of his Majesty, any office or employment whatever, in reversion, or to grant for any longer term than during his Majesty's pleasure, any office employment salary or pension whatever, except such offices and employments in possession for the term of the natural life or during the good behaviour of the grantee or grantees thereof respectively, as by law must be granted: Provided always, That nothing herein contained, shall in any manner affect or extend to prevent or restrain the granting of any pensions under the provisions of an act passed in the 39th year of the reign of his present Majesty, intituled, 'An Act for the Augmentation of the Salaries of the Judges of the Courts in Westminster Hall, and also of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer in Scotland; and for enabling his Majesty to grant Annuities to Persons in certain Offices in the said Courts of Westminster Hall, on their Resignation of their respective Offices;' and of another act passed in the 48th year of the reign of his present Majesty, intituled, 'An Act for enabling his Majesty to grant Annuities to the Judges of the Courts of Session, Justiciary, and Exchequer in Scotland, upon the Resignation of their Offices;' and of another act, passed in Ireland, in the 40th year of the reign of his present Majesty, intituled, 'An Act to enable his Majesty to grant Annuities to the Lord High Chancellor, and to the Judges of the Court of King's Bench, Master of the Rolls, Judges of the Courts of Common Pleas and Exchequer, Judge or Commissary of the Court of Prerogative, the Judge of the Court of Admiralty, the Chairman of the Quarter Sessions of the County of Dublin, and Assistant Barristers of the several other Counties, on the Resignation of their respective Offices; and to amend an Act passed in the 36th year of his present Majesty, intituled, An Act for increasing the Salaries of the Chief and other Judges of the Courts of King's Bench and Common Pleas, and of the Chief Baron and other Barons of the Court of Exchequer in this Kingdom.'
"And be it enacted, That nothing in this Act contained shall extend or be construed to extend to empower the said Regent, in the name and on the behalf of his Majesty, to give the Royal Assent to any bill or bills in Parliament, for repealing changing or in any respect varying the order and course of succession to the crown of this realm, as the same stands now established by an act passed in the 12th year of the reign of king William the Third, intituled, 'An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject;' or to any act for repealing or altering the act made in the 13th year of the reign of king Charles the Second, intituled, 'An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of making ordaining and consecrating Bishops Priests and Deacons, in the Church of England;' or the act of the fifth year of the reign of queen Anne, made in Scotland, intituled, 'An Act for securing the Protestant Religion and Presbyterian Church Government.'
"Provided also, and be it enacted, That if his said Royal Highness George Augustus Frederick Prince of Wales, shall not continue to be resident in Great Britain, or shall at any time marry a Papist, then and in either of such cases, all the powers and authorities vested in his said Royal Highness by this Act, shall cease and determine.
"And whereas it is expedient that the care of his Majesty's Royal Person should he committed to the Queen's Most Excellent Majesty, together with the sole direction of such portion of his Majesty's Household as shall be deemed requisite and suitable for the due attendance on his Majesty's Sacred Person and the maintenance of his Royal Dignity; Be it therefore enacted, That the care of his Majesty's Royal Person, and the disposing ordering and managing of all matters and things relating thereto, shall be and the same are hereby vested in the Queen's Most Excellent Majesty, during the continuance of his Majesty's indisposition; and that the sole direction of the portion of his Majesty's Household, hereinafter mentioned, shall be and is hereby vested in her said Majesty, and her said Majesty shall have the full and sole power and authority, by any Instrument or Instruments in writing signed and sealed by her Majesty, to nominate and appoint, in case of any vacancies arising by resignation or death, all the Officers and Persons belonging to his Majesty's Household, in the respective departments thereof, whose appointment nomination or removal have heretofore been made by his Majesty; except and the nomination and appointment by her Majesty, in manner and form aforesaid, shall be valid and effectual to all intents and purposes as if the same had been made or done by his Majesty in the accustomed manner; and the several Persons so appointed shall be entitled to the like precedence privileges salaries wages profits and all other emoluments, as the several Persons now holding and enjoying the same offices are respectively entitled to: Provided always, That her said Majesty shall not have any power or authority to remove any Officer in any department of his Majesty's Household, by this Act made subject to the nomination or appointment of her Majesty, who shall have been nominated and appointed by his Majesty: Provided also, That during the continuance of this Act, no appointment shall be made to the office of Lord Chamberlain to his Majesty's Household, now vacant, but that all the duties of the said office shall be performed by the Vice Chamberlain; and that during the continuance of this Act, no Person holding the office of Groom or Gentleman of his Majesty's Bed Chamber shall be subject to be removed; and no vacancy which shall arise by death or resignation of any of the Grooms or Gentlemen of his Majesty's Bed Chamber, shall be supplied or filled up, or any appointment or nomination made to supply any such vacancy.
"And whereas the execution of the weighty and arduous trusts, by this Act committed to the Queen's Most Excellent Majesty, may require the assistance of a Council, with whom her Majesty may consult and advise; Be it therefore enacted, That in order to assist and advise her said Most Excellent Majesty, in the several matters aforesaid, there shall be, during the continuance of his Majesty's illness, a Council, consisting of which Council shall from time to time meet as her Majesty shall be pleased to direct, and shall also have power to meet in manner by this Act directed; and if it should happen that any of them the said should depart this life, or by any Instrument in writing communicated to her Majesty, signify their intention to decline to act, then and in such case it shall be lawful for the Queen's Most Excellent Majesty, from time to time, by an Instrument in writing signed and sealed by her Majesty revokable at her will and pleasure, to nominate and appoint some one Person, being or having been a member of his Majesty's Most Honourable Privy Council, to be a member of the said Council, to advise and assist her Majesty as aforesaid, in the room and place of each and every of the said Counsellors so departing this life, or declining to act as aforesaid; which nomination and appointment shall be forthwith certified by an Instrument in writing, signed and sealed by her Majesty, to the Lords of his Majesty's Most Honourable Privy Council, and shall be entered in the books of the said Privy Council.
"And be it further enacted, That each and every member of her Majesty's council shall, within the space of after his appointment by virtue of this Act, or by virtue of her Majesty's' nomination and appointment, in manner aforesaid, take the following oath, before the Lord High Chancellor or Keeper of the Great Seal, or Commissioners for keeping the Great Seal of Great Britain, or the Lord President of his Majesty's Privy Council, or the Chief Justice of the court of King's Bench for the time being, respectively, or either of them, who are hereby severally and respectively required and empowered to administer the same, when required so to do by any person so appointed a member of her Majesty's council as aforesaid; and the person administering such oath, shall give to the member taking the same, a certificate of the same having been so taken, signed with his hand; which certificate shall be forthwith transmitted to his Majesty's Privy Council, and entered in the books of the said Privy Council:
'I A. B. do solemnly promise and swear, That I will truly and faithfully counsel and advise the Queen's most excellent Majesty, according to the best of my judgment, in all matters and things relating to the trusts committed to her Majesty, touching the care of his Majesty's royal person.'
"And be it further enacted, That or more of the members of the council appointed to assist her Majesty in the execution of the trusts committed to her Majesty by this act, shall meet on some day in the first week in April one thousand eight hundred and eleven, and upon the first day of every third month thereafter; and shall at every such meeting, declare the state of his Majesty's health at the time of each of such meetings respectively, and shall forthwith transmit a copy of such declaration to the president of his Majesty's most honourable privy council, or in his absence to one of his Majesty's principal Secretaries of State; who shall thereupon cause the same to be inserted in the books of the Privy Council, and to be published in the London Gazette.
"And be it further enacted, That her Majesty's Council, or any or more of them, shall have power and authority at all times, when they shall judge it necessary to call before them and to examine upon oath, the physicians and all other persons attendant on his Majesty, during the continuance of his illness, touching the state of his Majesty's health; and all matters relating thereto; (which oath any member of the said council is hereby authorised and empowered to administer.)
"And whereas it is necessary that effectual provision should be made, that his Majesty may resume the personal exercise of his royal authority, as soon as his Majesty is restored to such a state of health as to be capable of resuming the same; Be it therefore enacted, That when it shall appear to her Majesty the Queen, and to any or more of the council appointed by this act to assist her Majesty in the execution of the trust committed to her Majesty by this act, that his Majesty is restored to such a state of health as to be capable of resuming the personal exercise of the royal authority, it shall and may be lawful for her said Majesty, by the advice of any or more of her said council, to notify the same by an instrument under her Majesty's hand, and signed also by the said or more of her Majesty's said council, and addressed to the Lord President of his Majesty's most honourable Privy Council for the time being, or in his absence to one of his Majesty's principal Secretaries of State; and the said Lord President or Secretary of State shall and is hereby required, on the receipt thereof, to communicate the same to the said Regent, and to summon forthwith a Privy Council; and the members of his Majesty's most honourable Privy Council are hereby required to assemble in consequence of such summons; the said Lord President, or in his absence the said Secretary of State, is required, in the presence of any or more Privy Councillors so assembled, to cause the said Instrument to be entered on the books of the said Privy Council.
"And be it further enacted, That if at any time after the said instrument under the hand of her Majesty, and of of her said council shall have been received and entered as aforesaid, his Majesty shall think proper, by an instrument under his Sign Manual, to require the Lord President of his Majesty's most honourable Privy Council for the time being, or in his absence, one of his Majesty's principal Secretaries of State, to summon a council in his Majesty's presence, consisting of any number of persons not less than whom his Majesty shall name, and who shall be or shall have been members of his Majesty's most honourable Privy Council, the said Lord President or Secretary of State shall and he is hereby required to summon such persons accordingly; and as well the said Lord President or Secretary of State, as the other persons so summoned, shall and they are hereby required to attend at the time and place appointed by his Majesty; and such persons so assembled shall be and be deemed to be a Privy Council, for the purpose hereinafter mentioned.
"And be it further enacted, That if his Majesty, by the advice of of such Privy Council so assembled, shall signify his royal pleasure to resume the personal exercise of his royal authority, and to issue a proclamation declaring the same, such proclamation shall he issued accordingly, countersigned by the said of the said Privy Council, and shall, together with the proceedings of her Majesty's Council, and of the Privy Council, in relation to such instrument as aforesaid, be published with such proclamation in the Gazette; and a copy of such instrument shall be sent to the Lord Mayor of the City of London; and all the powers and authorities given by this act, shall from thenceforth cease and determine, and the personal exercise of the royal authority by his Majesty, shall be and be deemed to be resumed by his Majesty, and shall be exercised by his Majesty, to all intents and purposes as if this act had never been made.
"And be it further enacted, That if his Royal Highness George Augustus Frederick Prince of Wales shall depart this life during the continuance of the Regency by this act established, or cease to be Regent under any of the provisions thereof, the Lords of his Majesty's most honourable Privy Council shall forthwith cause a proclamation to be issued, in his Majesty's name, under the Great Seal of Great Britain, declaring the same; And if her Majesty the Queen shall depart this life during the time that the care of his Majesty's royal person shall be committed to her Majesty, according to the provisions of this Act, the Regent shall forthwith order and direct a proclamation, under the Great Seal of Great Britain, to be issued and published, declaring the same; And in case the parliament in being at the time of the issuing of any proclamation, declaring the death of the Regent or of her Majesty, or at the time of the publication of any notification in the Gazette, or issuing of any proclamation for the resumption of the personal exercise of the royal authority by his Majesty, shall then be separated, by any adjournment or prorogation, such parliament shall forthwith meet and sit; or if there shall be no parliament in being, then and in such case the members of the last preceding parliament shall forthwith meet and sit.
"And be it enacted, That the said members of any parliament, which shall have been dissolved, so meeting and sitting, shall be deemed and taken to be the two Houses of Parliament, to all intents and purposes, as if the former parliament had not been dissolved; but that they shall not continue to sit as the said two Houses, or be deemed and taken as such, for any longer time than months after the day on which they shall so meet; and that they shall be subject to be sooner prorogued or dissolved.
"And be it also enacted, That in case of the death of her Majesty the Queen, the care of his Majesty's royal person, and all and every the powers and authorities in and by this act vested in her Majesty, touching the care of his Majesty's royal person, and the disposing ordering and managing all matters and things relating thereto, shall be and the same are hereby vested in her Majesty's council, until due provision shall have been made in relation thereto by parliament: Provided nevertheless, that in such case, nothing in this act contained shall extend or be construed to extend to empower the Regent, or the said council, to nominate appoint or remove any of the officers or persons of his Majesty's Household, by this act made subject to the nomination appointment or removal of her Majesty, until due provision shall have been made by parliament in that behalf.
"And be it further enacted, That if any person being a member of the House of Commons, shall accept of any office of profit from the Crown, by the nomination and appointment of the Regent in the name and on behalf of his Majesty, or of her Majesty the Queen, during the continuance of the Regency hereby established, the election of such member shall be and is hereby declared to be void, and a new writ shall issue for a new election, in such and the like manner as if such person had been appointed to such office by his Majesty.
"And be it further enacted, That the several letters patent, letters of Privy Seal, and all other lawful authorities, of what nature or kind soever, which have been granted or issued by his Majesty, by virtue whereof any payments of any sum or sums of money are directed to be paid out of the monies applicable to the use of his Majesty's civil government, for the use of the Queen's most excellent Majesty, or for the use of any of the branches of his Majesty's royal family, shall continue to be and the same are hereby enacted to continue and be of full force and effect respectively, during the continuance of the Regency by this act established; and that warrants shall be issued by the Lord High Treasurer or Lords Commissioners of the Treasury, for the payment of the several sums therein respectively contained; which warrants the said Lord High Treasurer or Lords Commissioners of the Treasury are hereby respectively required to issue at the usual and accustomed times, and in the usual and accustomed manner.
"And be it further enacted, That the Lord High Treasurer or Lords Commissioners of his Majesty's Treasury shall direct, and they are hereby required annually to direct, on or before the the sum of sixty thousand pounds to be issued, out of the monies of the civil list revenues, to the keeper of his Majesty's privy purse for the time being; and that the said keeper of his Majesty's privy purse shall and he is hereby authorized and directed, during the continuance of the Regency by this act established, to issue and apply the sum of in the year, in such half-yearly or quarterly payments, to such persons, and in such manner, as he had issued and applied the same by the authority and direction of his Majesty; and that he shall pay and he is hereby authorized and directed to pay the sum of at the expiration of each and every quarter, to such person as her most excellent Majesty the Queen shall, by any instrument signed and sealed by her Majesty, authorize and direct to receive the same, to be by her Majesty's direction applied in such gifts charities and allowances, as her Majesty may judge the same would have been applied to by his Majesty; and that the remainder of the aforesaid sum shall be invested by the said keeper of his Majesty's privy purse, in some of the public funds or government securities, in the name of the keeper of his Majesty's privy purse for the time being, in trust for his Majesty; and that the net surplus of the revenues of the duchy and county palatine of Lancaster, shall be from time to time paid, under the order of the Chancellor and council of the said duchy, into the hands of the keeper of his Majesty's privy purse, whose receipt shall be a sufficient discharge for the same, and shall by him be invested in some of the public funds or government securities, in manner aforesaid; and that the governor and company of the Bank of England shall place the said several sums on an account to be raised in the books of the said governor and company, intituled, 'The account of the keeper of his Majesty's privy purse;' and that upon the death resignation or removal of the present and every other keeper of his Majesty's privy purse, hereafter to be appointed, all and every the said stock or stocks and sum or sums of money arising from the dividends which shall accrue thereon, shall immediately vest in the successor of the present or any future keeper of his Majesty's privy purse respectively; and the keeper of his Majesty's privy purse for the time being is hereby required to lay out and invest the dividends so accruing as aforesaid from time to time, in the purchase of other stocks and securities, on the like account; and that the keeper of his Majesty's privy purse for the time being, shall from time to time execute declarations of trust of all such funds and securities, declaring that the same are held in trust for his Majesty, by instruments to be executed under his hand and seal, to be deposited with her Majesty.
"Provided always, and be it enacted, That the said keeper of his Majesty's privy purse shall, on or before the and on or before the in every succeeding year during the continuance of this act, take an oath before the barons of the Exchequer, or one of them, in the form following:
'I A. B. do swear, That according to the best of my knowledge belief or information, no part of the money which has been issued to me for the service of his Majesty's privy purse, by virtue of an act, intituled, 'An act [here insert the title of this act] between the and the has been applied, directly or indirectly, for the benefit use or behoof of any member of the House of Commons, or so far as I am concerned applicable directly or indirectly to the purpose of supporting or procuring an interest in any place returning members to parliament.
'So help me God.'
"And whereas an act passed in the thirty-ninth and fortieth years of the reign of his present Majesty, intituled, 'An act concerning the disposition of certain real and personal property of his Majesty, his heirs and successors, and also the real and personal property of her Majesty, and of the Queen consort for the time being:' And whereas it is necessary that provision should be made for the care of the real and personal estate and property of his Majesty, during his indisposition, and for the preservation thereof for the use of his Majesty, and for his Majesty's future disposal; be it therefore enacted, That all persons having the care or management of his Majesty's real or personal estate or property, or any part thereof, shall be and are hereby made and declared to be subject to the controul order direction appointment and removal of the several and respective trustees of the real and personal estate and property of which they are respectively in the care and managements; and shall from time to time, and whenever required so to do, account to the respective trustees of the several and respective parts of the real and personal estate and property of which they so have the care and management, for all the rents issues profits dividends interest and sums of money arising or accruing there-from respectively; and shall apply pay over lay out invest or otherwise dispose of the same, for the use of his Majesty, in such manner as shall be from time to time ordered and directed by such trustees respectively, and as to such trustees shall appear most adviseable and beneficial for the care and improvement of such real and personal estate and property, and the preservation thereof, for his Majesty's future disposal; and all the real and personal estate and property of his Majesty, in relation to which no disposition shall have been made by his Majesty before his illness, or which shall not now be vested in any trustee or trustees for his Majesty's use, shall immediately from and after the vest in for the use of his Majesty, and for the protection and care thereof during his Majesty's illness, and preservation thereof for his Majesty's future disposal; and all persons in the care and management of any real or personal estate or property, so vested in such trustees as aforesaid, under this act, shall in like manner as aforesaid be subject to the order controul direction appointment or removal of such trustees as last aforesaid, or any or more of them, and shall account to such trustees in like manner as is hereinbefore directed, in relation to such real and personal estate and property as was vested in trustees before the and shall in like manner as aforesaid apply pay over lay out invest, or otherwise dispose of the rents issues profits dividends interest and sums of money arising or accruing there-from respectively, according to the order and direction of such trustees as aforesaid.
"Provided always, That all dividends, arising from any Public Funds or securities, shall be from time to time invested and laid out in the purchase of other like Funds or Public Securities, unless any other order or direction shall be given by the trustees thereof respectively; and all trustees in whom any real or personal estate or property was vested, before the or in whom the same is vested by the provisions of this act, shall hold all such estates and property for the use and benefit of his Majesty, and preserve the produce thereof, and of all rents issues profits dividends interest and sums of money, arising and accruing therefrom, for his Majesty's use and benefit, and for the future disposal of his Majesty, in case no disposition shall have been made thereof by his Majesty before his illness; and all such real and personal estate and property, and rents issues profits produce dividends interest and sums of money aforesaid, arising and accruing therefrom, whereof no disposition shall have been made by his Majesty before his illness, shall, if no disposition thereof shall hereafter be made by his Majesty, go and be disposed of according to law.
"Provided always, That nothing in this act contained shall be construed to invalidate or in any maner to affect any disposition which shall have been made, or which shall hereafter be made, by his Majesty, by deed will or otherwise, of any such property or proceeds thereof as aforesaid, either before or after his Majesty's illness, which would have been or would be a good and valid disposition of such property, if this act had not passed."
Call of the House—Private Bills
said, there were two points to which he wished to draw the attention of the House. He conceived, that although in the new situation in which the House had been jest placed, no reference could be strictly made to their former orders; yet that the orders which had been made for calling aver the House, might fairly be considered as warranting him in moving without further notice, That the House be called over on Thursday.—The other point related to private business. It had been considered as convenient and expedient at the commencement of every session of parliament, for some years past, to limit the time of receiving Petitions for Private Bills, the bills themselves, and the Reports of them, in order to give to all parties interested the opportunity of rendering themselves completely acquainted with the merits of the proceeding. He gave notice, therefore, that he would to morrow make a motion to this effect; but in giving this notice, he must state, that there was a consideration to which the House ought to attend. It was impossible that any one could foresee what might be the opinion of his Royal Highness the Regent, as to the propriety of any adjournment or prorogation of parliament. If it should be thought desirable by his advisers, that any adjournment or prorogation should soon take place, it would then be expedient that the House should review the Resolution respecting Private Bills, which he should to-morrow submit for their adoption. He moved that the House be called over on Thursday.—Ordered.