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
which no prince or princess could marry without the King's consent.
"Law, positive law," he argued, "and not the arbitrary will of an
individual, should be the only restraint. Men who are by law allowed at
twenty-one[26] to be fit for governing the realm may well be supposed
capable of choosing and governing a wife."[27] Lord Folkestone condemned
with great earnestness the expression in the preamble that the bill was
dictated "by the royal concern for the honor and dignity of the crown,"
as implying a doctrine that an alliance of a subject with a branch of
the royal family is dishonorable to the crown--a doctrine which he
denounced as "an oblique insult" to the whole people, and which, as
such, "the representatives of the people were bound to oppose." And he
also objected to the "vindicatory part," as he termed the clause which
declared those who might assist, or even be present, at a marriage
contracted without the royal permission guilty of felony.[28]
The ministry, however, had a decided majority in both Houses, and the
bill became and remains the law of the land, though fourteen peers,
including one bishop, entered a protest against it on nine different
grounds, one of which condemned it as "an extension of the royal
prerogative for which the great majority of the judges found no
authority;" while another, with something of prophetic sagacity, urged
that the bill "was pregnant with civil discord and confusion, and had a
natural tendency to produce a disputed title to the crown."
It may be doubted whether the circumstances which had induced George
III. to demand such a power as that with which the bill invested him
justified its enactment. He was already the father of a family so
numerous as to render it highly improbable that either of his brothers
or any of their children would ever come to the throne; while, as a
previously existing law barred any prince or princess who might marry a
Roman Catholic from the succession, the additional restraint imposed by
the new statute practically limited their choice to an inconveniently
small number of foreign royal houses, many of which, to say the least,
are not superior in importance or purity of blood to many of our own
nobles.
Public-domain text, read in full here on John Shaqi.
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