wives of foreign princes) shall by that marriage be
rendered incapable of inheriting the crown of England.
And though the Royal Marriage Act (which, as we have
seen, had been recently passed) had enacted that no
marriage of any member of the royal family contracted
without the consent of the reigning sovereign should
be valid, it by no means follows that an invalidity
so created would exempt the contractor of a marriage
with a Roman Catholic, which as an honorable man he
must be supposed to have intended to make valid, from
the penalties enacted by the Bill of Rights.
It is a point on which the most eminent lawyers of
the present day are by no means agreed. The spirit
of the clause in that bill undoubtedly was, that no
apparent or presumptive heirs to the crown should
form a matrimonial connection with any one who should
own allegiance to a foreign power, and that spirit
was manifestly disregarded if a prince married a Roman
Catholic lady, even though a subsequent law had enacted
a conditional invalidity of such a marriage.
We may find an analogy to such a case in instances
where a man has abducted a minor, and induced her
to contract a marriage with himself. The lady
may not have been reluctant; but the marriage has been
annulled, and the husband has been criminally prosecuted,
the nullity of the marriage not availing to save him
from conviction and punishment. A bigamous marriage
is invalid, but the bigamist is punished. And,
apart from any purely legal consideration, it may
be thought that public policy forbids such a construction
of law as would make the illegality or invalidity
of an act (and all illegal acts must be more or less
invalid) such a protection to the wrong-doer as would
screen him from punishment.
Whatever may be the judgment formed on the legal aspect
and merits of the case, the conduct of the Prince
could not fail to give the great body of the people,
justly jealous at all times of their national adherence
to truthfulness and honesty, a most unfavorable impression
of his character. As has been already mentioned,
Fox was so indignant at having been made the instrument
to assure the Parliament and the nation of a falsehood,
that he for a time broke off all communication with
him.[115] Yet a singular caprice of fortune, or, it
would be more proper to say, a melancholy visitation
of Providence, before the end of the following year
led Fox to carry his championship of the same Prince
who had so abused his confidence to the length of
pronouncing the most extravagant eulogies on his principles,
and on his right to the confidence and respect of
the nation at large. In the autumn of 1788 the
King fell into a state of bad health, which in no long
time affected his mind, and, by the middle of November,
had so deranged his faculties as to render him incapable
of attending to his royal duties, or, in fact, transacting
any business whatever. Parliament was not sitting,
but its re-assembling had been fixed for the 4th of