his Majesty; but he would fairly appeal | should induce him to decline doing. Lord to the public, not doubting but that they North reflecting upon Mr. Rolle for what would with cheerfulness provide for so he had said, he declared that he alluded unavoidable an exigency. He knew not not to anonymous publications, but to a whether he should be left to propose this pamphlet, with a name to it at full length. matter, or whether it might not devolve to other hands; but, whether in or out of office, he should be ready to stand forward on such an occasion, and place the expense where, in his mind, it ought to fall, upon the public purse of the country.

No

tive branch of the legislature, earl Cam-tection of her Majesty. Earl Camden den recapitulated all that had passed in here spoke of the danger of entrusting the the previous debates on the question of power of creating peers to any but the right, declaring, that the question had sovereign, who having a life-interest in been started irregularly, and all upon a his government, was the least likely to sudden, but that it had as suddenly disap-injure it, by bestowing with too lavish a peared. Where the claim of right was hand the honours of the peerage. now to be found he knew not. Certain it danger could arise from the suspension, was, that it could not be traced in the for a short time, of that power, as no protest on their lordships' Journals. merit need be damped; since, during the That question being over, it remained for regency, if any one was so distinguished him to proceed to state what had passed by his merits in any department, as to be since. A farther examination of his Ma- a worthy object of such honour, he could jesty's physicians had taken place, which be made a peer by an act of parliament, he did not mean to quarrel with, or find signed by the Regent, as sir John Cornfault with the principle on which it ori- wall was created in the reign of Henry 6. ginated, but it had certainly employed a Indispensable, in his opinion, was the ne great deal of time. From that examina- cessity of confining the power of creating tion, his Majesty's illness appeared to be peers to the Crown, so long as prosneither fatal, nor incurable; on the con- pect existed of his Majesty's recovery; a trary, it was agreed by all the physicians, certain quota of peers to be created fell that the probability of cure was as great to the share and within the compass of as ever, and, that in all likelihood, the each reign, and a prudent prince would malady would continue but for a short neither distribute with a lavish, nor with time. It was impossible to ascertain the a niggardly hand, but steering between probable duration of his Majesty's illness; the two extremes, would preserve the it might continue a year, or a year and a half, happy medium. Restraining the new goand it might extend as long as two years. vernment from making peers, was in effect If it should continue longer, it had been doing them service, and keeping them out declared that, in all probability, the hopes of the way of temptation. With respect of recovery would be considerably lessen- to the necessity of keeping the right of ed; they were therefore to provide the creating peers sacred to the royal person, temporary means of supplying the defect he should beg leave to appeal to the in the exercise of the royal authority, by House, whether, in the ordinary cases that providing for the deficiency and for the occurred in the course of law, they did safety of his Majesty on his throne. The not all know, that a tenant for life had no resolutions to be offered to their lordships power to cut down timber, whereas a were calculated for two purposes: they tenant in tail, was in law, allowed its free would provide fully for the exercise of the exercise.-Arguing on the propriety of executive power with vigour and effect, the household completely resting in the as well as for the safety and respect that management of her Majesty, to enable was justly due to the sovereign. He her to discharge the duties of her trust, would not trouble the Committee on that he said, the only argument that was likely part of the resolutions which gave the to be urged against it was, that it would care of the King's person to her Majesty, create an improper influence, and that not conceiving that any noble lord would the new government would be unable to make the least objection to such a mea- proceed in public business, without having sure; elsewhere, indeed, reports of the the patronage of those offices, the lords impropriety of such a trust had circulated, of the bedchamber, and others. The poand reflections had been thrown on that sition that the patronage to the household great personage; but, as he was con- officers was absolutely necessary to the vinced every noble lord would feel with Regent's government, was truly absurd him, that those reflections were illiberal and ridiculous; for, would any noble lord and indecent, he would say nothing far- seriously contend, that without such an ther on the subject. The only resolu- insignificant number of votes as the lords tions that he expected to be objected to of the bedchamber amounted to, an adwere, the one for limiting his Royal High- ministration could not proceed in public ness in the exercise of the prerogative of business? Would they say that the pacreating peers, and that of the conti- tronage of the navy, of the army of the nuance of household offices, under the di-church, of the law, of the customs and of [VOL. XXVII.]

[3 X]

principle, and in no other manner would | he ever give his vote.

Earl Camden was concerned that the noble lord should have taken offence at any thing that had fallen from him; he meant no disrespect to the noble lord; he knew that his lordship possessed too much honour, for a moment to be influenced in his vote by the office which he held, and he believed the same of every one of the noble earl's colleagues. He did not say that their votes were insignificant, or of BO consequence; but he had, in stating the argument that was used elsewhere against her Majesty's having the disposal of those offices, said, not that their votes individually were insignificant, or of no consequence, but that the difference in number of twelve or fourteen votes, was insignificant to carry on a government. - The Earl of Winchelsea conceived the learned lord to have spoken as he had explained himself, and that no reflection was meant to be thrown on the lords of the bedchamber. All the reflexions that had been suggested against those lords in any place, he ascribed to party motives, and considered as too contemptible to merit the smallest notice.

He would endeavour to do it with as much perspicuity and with as much brevity as possible. He would not, he said, misspend any portion of their lordships' time, in deploring the sad necessity for that day's debate. The calamity with which the nation was afflicted, would have been a great one, had the monarch been a bad one; what it was now, was far more easily to be conceived by them, than it could be expressed by him; for, they would listen to him with impatience and disdain, if he undertook, by reasoning, to prove, what was felt by all, that it was one of the greatest which could have befallen us as a people; all ranks, all parties, all individuals, who had any value for the constitution, agreed in thinking that it was so and all, he hoped, united in praying to Almighty God to relieve us from it, by restoring our afflicted Sovereign to perfect sanity of body and mind.

But, my lords, he continued, till it shall please Almighty God to do this, my opinion is,-I humbly submit it to the House, with that firmness which becomes an impartial inquirer after truth, but with that diffidence also, which becomes a man frequently conscious of his inability to attain The Bishop of Landaff [Dr. Watson] it, and who, on every difficult question, rose, and after highly commending the whether of policy, philosophy, or religion, spirit and sensibility of the two noble lords is, by nature and habit, more disposed to who had resented the supposed indignity doubt, than to dogmatise-my clear opiwhich had been offered to the lords of the nion however, is, that in the very outset bedchamber, though he could not think of this business, as soon as ever the two that any offence was meant, proceeded to Houses of Parliament had by solemn inobserve, that similar intimations of the vestigation, ascertained the single fact of dependency of the Scots peers, and of the the King's incapacity to govern the land, bench of bishops, were not unfrequently they ought to have empowered (I beg my given in that House, and in other places; lords, it may be observed that I question that he for one, spurned the imputation not the competency of the two Houses to with contempt; that he felt it injurious to empower) his royal highness the Prince himself, and he believed it to be injurious of Wales, the next in blood to the throne, to the other noble and right reverend by a commission under the Great Seal, or persons to whom it was applied. He then otherwise, to take upon him, not, I think, said, that he would not trouble their lord- the whole regal power, (though that would ships with a long speech, and that he knew have been a more justifiable and constinot, indeed, whether he ought to trouble tutional mode than what has been folthem with any; for that he had not the lowed) but the whole legislative authority presumption to think that it would be in of the King. The legislature being, by his power much to illustrate a subject, this one act of necessity, completed, and which, as to a main part of it, had already the constitution restored to its vigour, by received so ample a discussion on a former the Prince of Wales presiding in parliament day. But, he trusted the House would as his father's commissioner, the next step forgive him, if he said, that he felt a sin- should have been for the parliament, I gular satisfaction in being allowed an op- mean the complete parliament, to have portunity of delivering his sentiments appointed a regent whom they thought plainly and publicly on as great a consti- fit, and with or without limitations as they tutional question, as had ever been agi-thought fit. For, though I think it would tated in that House since the Revolution. have been highly improper for the legis

lature to have appointed any person Re- | him, does in fact revert to the community, gent, except the Prince of Wales, or to then may the community delegate, till the have appointed him Regent, with any King's recovery, the whole or any part of other check or control, except such as that trust to whomsoever they think fit. the constitution has thrown around the Upon this, or some such general ground King himself, in the exercise of his power, of reasoning, I presume the proposition yet I admit, in the fullest extent, that the has been founded which maintains, that legislature would have had both the power the Prince of Wales has no more right to and the right to have done otherwise. A the regency, previous to the designation regency being settled, not by the two of the two Houses of Parliament (which Houses of Parliament, but by the whole may be supposed to represent the commulegislature, the next step should have nity at large), than any other person, been, to make the best possible provision My lords, I conceive this reasoning is not for the guardianship of the King's person, true; it would have been true, had the for the security of his private property, law been absolutely silent as to what was and for his re-assumption of all his public to become of the trust, when he to whom rights of sovereignty, as soon as ever it it was given became incapable of exercis should please God to put him in a capa ing it; but the law is not silent. In one city to enjoy them. This mode of pro- case in which the King becomes incapable ceeding would, I humbly think, have been of executing the trust committed to him, the least perplexed, and the most consti- the law has clearly and positively saidtutional, which could have been followed;" No, the trust shall not revert to the another mode has been adopted, and limi- community at large, the community per tations of the Regent's power have been fectly know the mischief of such a rever proposed; and as I can neither approve sion; they will have nothing to do with it; of the mode in which the limitations are it shall go, according to the established proposed to be established, nor of the order of succession, entire to the heir." limitations themselves, I think it incum- This is the express declaration of law, bent on me to state the reasons of my when the king becomes by death incapa dissent. ble of exercising the trust committed to him; and the analogy of law speaks the same language in the present case; it says, "No, the trust shall not revert to the community, it shall go pro tempore, and it shall go whole and entire to the next in succession to the Crown; it shall go to the Prince of Wales, who is of an age to receive, and of a capacity to execute, the trust for the public good." I say not, my lords, that the Prince of Wales, has a le gal right to the trust, but I do most firmly contend that he has such a title to it as cannot be set aside, without violating the strongest and most irrefragable analogy of law; and in what such an analogy differs from law itself, I submit to your lordships mature deliberation. We have heard much on this occasion of the word "right;" but no one has condescended to define it. Now, my lords, if, with Grotius, we define right, as applied to things, to be a moral power of possessing a thing in conformity to law, it is certain the Prince of Wales can have no right to the regency; for the case has never occurred in our history, of a king being incapable of governing, when an heir apparent was of full age to govern, therefore there is no unwritten law, and every body knows that there is no statute law respecting the point; therefore there is

I begin, my lords, with advancing a proposition, which will be denied by none; the proposition is this- That the monarchical power of a king of Great Britain is not an arbitrary but a fiduciary power; a trust committed by the community at large to one individual, to be exercised by him in obedience to the law of the land, and, in certain cases, according to his own discretion, but in subserviency to the public good. This proposition is one of the most fundamental principles of our constitution, and of every free constitution in the world; its truth cannot be questioned; and its truth being admitted, it seems to follow, as a legitimate consequence, that whenever the individual to whom the community has committed this trust, shall become incapable of executing it, the trust itself ought to revert to the community at large, to be by them delegated, pro tempore, to some other person, to be exercised by that other person, for the same common end, the promotion of the common welfare. It might otherwise happen that one man's misfortune might become the occasion of all men's ruin. But if, during the present incapacity of the King, the trust which has been given to him, not for his benefit, but for the benefit of those who gave it to