The Constitutional History of England from 1760 to 1860 — John Shaqi
The Constitutional History of England from 1760 to 1860Yonge, Charles Duke
History
The Constitutional History of England from 1760 to 1860
Yonge, Charles Duke
Constitutional history -- Great Britain; Great Britain -- History -- 19th century; Great Britain -- History -- George III, 1760-1820
But George III. was not of a disposition to allow such matters to remain
in doubt, and, in compliance with his desire, a bill was, in 1772,
introduced by Lord Rochfort, as Secretary of State, which proposed to
enact that no descendants of the late King, being children or
grandchildren, and presumptive heirs of the sovereign, male or female,
other than the issue of princesses who might be married into foreign
families, should be capable of contracting a valid marriage without the
previous consent of the reigning sovereign, signified under his
sign-manual, and that any marriage contracted without such consent
should be null and void. The King or the ministers apparently doubted
whether Parliament could be prevailed on to make such a prohibition
life-long, and therefore a clause was added which provided that if any
prince or princess above the age of twenty-five years should determine
to contract a marriage without such consent of the sovereign, he or she
might do so on giving twelve months' notice to the Privy Council; and
such marriage should be good and valid, unless, before the expiration of
the twelve months, both Houses of Parliament should declare their
disapproval of the marriage. The concluding clause of the bill made it
felony "to presume to solemnize, or to assist, or to be present, at the
celebration of any such marriage without such consent being first
obtained."
The bill was stoutly resisted in both Houses at every stage, both on the
ground of usage and of general principle. It was positively denied that
the "sovereign's right of approving of all marriages in the royal
family," which was asserted in the preamble of the bill, was either
founded in law, or established by precedent, or warranted by the opinion
of the judges. And it was contended that there never had been a time
when the possession of royal rank had been considered necessary to
qualify any one to become consort of an English prince or princess. It
had not even been regarded as a necessary qualification for a queen.
Three of the wives of Henry VIII. had been English subjects wholly
unconnected with the royal family; nor had the Parliament nor the people
in general complained of any one of those marriages; moreover, two of
his children, who had in their turn succeeded to the crown, had been the
offspring of two of those wives; and in the last century James II.,
while Duke of York, had married the daughter of an English gentleman;
and, though it had not been without notorious reluctance that his royal
brother had sanctioned that connection, it was well known that Charles
II. himself had proposed to marry the niece of Cardinal Mazarin. In the
House of Peers, Lord Camden especially objected to the clause annulling
a marriage between persons of full age; and in the Commons, Mr.
Dowdeswell, who had been Chancellor of the Exchequer in Lord
Rockingham's administration, dwelt with especial vigor on the
unreasonableness of the clause which fixed twenty-five as the age before
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