CHAP. A. D. 1788. proceeding was altogether constitutional, and according to the usage of Parliament. When the report was presented, and Lord Camden commented upon the strange doctrine said to have been asserted elsewhere, "that when his Majesty's incapacity was ascertained and declared, the heir apparent, being of age, had a claim to take upon himself the administration of the government as a matter of right, while his Majesty laboured under the disorder which rendered him unable to discharge the regal functions," Lord Loughborough rose and said, "I understand, my Lords, it has been asserted elsewhere, that the Prince of Wales, the heir apparent to the throne, has no more claim to exercise the government during the continuance of the unhappy malady which incapacitates his Majesty than any other individual subject. If the regency be elective, my Lords, such is the consequence; and the regency is elective if the doctrine which the noble and learned earl so keenly controverts is not a part of our constitution. The question simply is, whether, upon the personal incapacity of the Sovereign, the regency is elective? No one, I believe, denies that, by the common law of this realm, and by various statutes, the crown is hereditary. Indeed, any person who, by advised speaking or writing, shall aver the contrary, is liable to be prosecuted, and incurs the penalties of a prœmunire. How is this compatible with election, where there exists a competent heir apparent? There are, indeed, two supposable cases when ex necessitate the two Houses must fill the vacant throne, there being no heir apparent in rerum naturæ the one where there is a total subversion of the government, by a breach of the original contract between the King and the people, as at the Revolution; and the other where the royal line should have become extinct, -a King, on his decease, leaving no heir. Where there is an acknowledged heir apparent, who must succeed on the King's natural death, may the two Houses elect another as Regent, and invest him with all the powers of royalty? He might then give the royal assent in the name of the incapacitated King to an Act for changing the succession to the crown, * 27 Parl. Hist. 658. and making himself the head of a new dynasty. It is more probable that the two Houses would set up a mock Regent, and assume the government themselves. A Regent so elected must necessarily be the slave of his electors. The single instance of an elected Regent is that which occurred in the reign of Henry VI., and led on to the wars of York and Lancaster. Then this House, by its own authority, without the concurrence of the Commons, appointed the Duke of York-Regent or Protector. Are your Lordships prepared to follow that precedent, and will its authority be conceded by the other branch of the legislature? Both Houses together now could not make a Turnpike Act, and yet we are told that they may elect a Regent. Then I suppose they may elect a plurality of Regents, and give ours the form of a Mahratta government, or put an end to the kingly office, and entirely change the constitution. What in the meantime becomes of your connection with Ireland, where the two independent Houses may choose one Regent, while you choose another; in which case the two kingdoms would be as completely severed as Portugal is from Spain. But it is said that the Prince of Wales is only a subject, and that while his father breathes he has no more right to govern than any other subject. No more right! Is the Prince of Wales a common subject? Does not the law describe him to be one and the same with the King? Lord Coke expressly declares this to be so. Is it not as much high treason to imagine or compass the death of the Prince as of the King? Is it high treason to imagine or compass the death of any other individual subject? It so happens that in this case the two Houses are duly summoned by the King's writs, and, in consequence, are legally assembled; but if, upon such an emergency, there had been no Parliament in existence, will any man say that it would not have been warrantable for the Prince of Wales, as heir apparent, to have issued writs, and called Parliament together? What becomes, then, of your assertion, that in his father's lifetime he has no more right to interfere with the government than any other subject? I maintain that by the constitution of England the regency is not elective, but depends on hereditary right; and the heir apparent is entitled, CHAP. CLXX. A.D. 1788. CLXX. Lord Loughborough's CHAP. during the interruption of the personal exercise of the royal authority by his Majesty's illness, to assume the reins of A.D. 1788. government. When I make this observation, I am very far from meaning to intimate that the Prince of Wales can violently do so without the privity of the two Houses of Parliament; but I do solemnly maintain, that upon the authentic notification to tation that him by the two Houses of Parliament of the King's unfortunate incapacity, he is of right to be invested with the exercise of the royal authority." denial of the impu he had ad vised the Prince of Wales to seize the regency manu brevi. Notes from Lord Nevertheless, it was voted by both Houses, "that it was their right and duty to provide the means of supplying the defect of the personal exercise of the royal authority, arising from his Majesty's indisposition, in such manner as the exigency of the case may appear to them to require."* While these discussions were going on, the three following notes were sent by Mr. Fox to Lord Loughborough; but I am not able to ascertain their dates or the particular occasions when they were written: "MY LORD, "After considering what your Lordship said, and mentioning it to Ld F. and one other person, I think I had rather decline meeting the persons we mentioned-not so much from any objection to the meeting itself as from an apprehension of the construction that might be put upon it.† "I am, with great regard, "My Lord, "Your Lordship's obedient servant, "Thomas's Hotel, Friday night. "C. J. Fox. "P.S.-I beg leave to add that I feel myself much obliged to you for the open manner in which you have spoken to me upon the subjects in question." 27 Parl. Hist. 853. 882. †The imprudence with which the Whigs conducted their deliberations at this time may be surmised from the following extract of a letter from Lord Carlisle to Lord Loughborough: - Our open councils and our generous confidence in the secrecy and discretion of the whole club at Brooke's excluding the waiters—has, I fear, the small inconvenience of flinging difficulty in the way of negotiations upon which the great affairs of the world turn.". Rossl. MSS. Rossl. MSS. - not "MY DEAR LORD, "I cannot say that I agree with you in your opinion, though I own I am inclined to think it the next best to that which I prefer of fighting in the H. of Cs. upon the subject of the establishment. We have a great force in town, and if the leaders will behave stoutly, I have little doubt but the troops will do so too. Can you come here to-night, or early in the morning? At all events, I cannot let slip this opportunity of expressing to you my sense of the very handsome manner in which you have acted throughout, and particularly in regard to what passed this morning. "I am very truly, my dear Lord, CHAP. CLXX. A.D. 1788. "Yours ever, "C. J. Fox. "Downing Street, Tuesday night. "I have not seen H. R. H., but expect him here every minute."* "MY DEAR LORD, "If this does not find you in town, I hope it will bring you to town as soon as possible. There never was a situation that called for wise advice so much as ours, and we are driven to decision almost before we have time to deliberate. I know you have as much inclination as ability to counsel us, and every thing must depend upon what we do before we go down to Parliament this day. breaks with Meanwhile Lord Loughborough's zeal was sharpened Thurlow by the dazzling prospect again opening to him of being the prince's at last able to grasp the Great Seal. Thurlow having ob- party. tained secret intelligence from Dr. Addington of an improvement in the King's health, was drawing off from the Prince's party, and was looking out for an opportunity to imprecate curses on his own head when he should forget his sovereign. Mr. Fox, rejoicing that he was freed from the promise given without his knowledge, and that it was † Ibid. Rossl. MSS. CHAP. A. D. 1788. Letter to Lord Loughborough from Mr. Fox, pro mising him the now in his power to realise the hope which he himself had held out respecting the Chancellorship under the Regency, made this communication to Lord Loughborough: "MY DEAR LORD, "I could not collect from the conversation yesterday much of what is like to be the course of Thurlow's argument. He seemed to think it a more confused and difficult case than it has ever appeared to me; and therefore, if I were to guess at all, I should suspect that he will choose rather to answer the arguments Great Seal. of others than produce many of his own. My general conclusion from this part of our conversation, as well as that relative to restrictions, was, that he had thought less upon the subject than I should have supposed possible. "The negotiation is off, with an express desire on his part that no more may be said to him on the subject till the Regency is settled, and advice to the Prince to make his arrangements without any view to him. It was much the pleasantest conversation I have had with him for many years. Upon the business of our interview, he was perfectly open and explicit, and dismissed the subject as soon as possible with perfect good humour, in order to talk upon general ones in our old manner of conversing. He was in a talkative humour; and France, Spain, Hastings, Demosthenes, and Cicero were all talked over as if between two friends who had neither political connection or enmity. In short I think the negotiation is fairly at an end; and if when the Regency is settled the Prince wishes to revive it, it must be considered as a proposition entirely new, and treated upon that footing. "I am very sorry to hear that nothing has been done about a protest, nor do I know whom to employ, as I am going out of town, without an intention to return till Monday. My opinion is that it should be very strong in its expressions; and the danger of putting the unlimited power of legislation into the hands of the two Houses of Parliament explained at large. "I am, my dear Lord, "St. James's Street, 26th Dec." "Yours ever, "C. J. Fox. "If I were to tell you the advantage my health and spirits have received from our conversation yesterday morning, you |