any limitations whatever on the power of the Regent;
and then the question whether the Prince was to derive
his right to the Regency from the authority of Parliament,
or from his natural position and inalienable preceding
right as his father’s heir, became one of practical
importance. If the Parliament had the right to
confer authority, it had clearly the right to limit
the authority it conferred. If the Prince had
an indefeasible right to the Regency, independently
of the will of Parliament, then Parliament could have
no pretence to limit or restrain the exercise of an
authority which in no degree flowed from itself.
Fox, indeed, took another objection to the imposing
of limitations to the authority to be intrusted to
the Regent, contending that this would be to create
a power unknown to the constitution—a person
in the situation of King without regal power.
But, not to mention precedents drawn from the reigns
of Edward III., Richard II., and Henry VI., in the
twenty-fourth year of the very last reign, George
II., on the death of his son, the father of the present
King, had enjoined the Parliament to provide for the
government, in the case of his own death, while the
heir was still a minor, recommending to them the appointment
of the Princess Dowager of Wales as Regent, “with
such powers and limitations as might appear expedient.”
And, in conformity with his desire, the Parliament
had appointed the Princess Regent, with a Council
of Regency to assist her; and had enacted that “several
portions of the regal power” should be withheld
from the Regent, if she could not obtain the consent
of the Council thus appointed.[118]
This part of the case was so plain, that when, after
the different resolutions proposed by Pitt had been
adopted in both Houses, Fox insisted that, instead
of proceeding by a bill to create a Regency, and to
appoint the Prince of Wales Regent, the only course
which could be adopted with propriety would be to
present an address to the Prince, to entreat him to
assume the government, he failed to induce the House
to agree with him; and finally, as if he were determined
to find a battle-field in every clause, he made a
vigorous resistance to the expedient by which Pitt
proposed that the formal royal assent which was necessary
to make the bill law should be given. Fox, on
one occasion, had gone the length of denying that
the two Houses had any right to be regarded as a Parliament
while the King, an essential part of Parliament, was
incapacitated. But such an objection could have
had no force, even in the mind of him who raised it,
since the proceedings of the two Convention Parliaments
of 1660 and 1689 labored under a similar defect; and
yet their acts had been recognized as valid, and ratified
by subsequent Parliaments. And now, in reference
to the expedient proposed by the minister, that the
two Houses should empower and authorize the Lord Chancellor
to affix the Great Seal to the bill, Burke, with great,
but for him not unusual, violence, denounced both the