The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.
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 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.

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The Constitutional History of England from 1760 to 1860 from Project Gutenberg. Public domain.