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90*] ANNUAL REGISTER
jects of the crown, and superior in
point of law-claims, to the crown
istelf; and that every subject in
this free country should be put up-
on the same sooting, in point of common law. instances were point-
ed out of the heavy grievances that
attended the revival of these dor-
mant of obsolete claims; and one
in particular, of a gentleman then
present, whose family were lofers
10 the amount of 120,000 1. by a
bishop's reviving a claim of his
nature, though they had been in
quiet possession of the estate in
question above an hundred years.
On the other hand it was said,
that this power of reviving claims
was absolutely necessary to the
church, to preserve her from those
encroachments, which the laity
were always willing, if not endea-
vouring to make upon her; that
she had been sufficiently stripped at
the reformation; and that as our
forefathers then saw the necessity,
of what was left being for ever se-
cured to her, they for that purpose
ordered that no length of time
should be a bar to her claims. That
the effects of this bill would fall
particularly upon, and be peculiar-
ly injurious to the poorer clergy,
who were frequently unable to de-
fend their rights, against the com-
binations of rich farmers, and the
oppressions of their great neigh-
bours; that the peculiar situation
and quick succession of incum-
bents, made them particularly lia-
ble to suffer encroachments, and of
the only means they has of sup-
port. That the Nullman Tempus Claimed by the crown, was an
engine in the hands of the strong
to opress the weak; but that the
Nullum Tempus of the church,
was a defence to the weak against
the strong.
It was replied on the other side,
that most of these objections were
guarded against by the provisions of
the bill, in which the limitation is
considerably extended in favour of
the clergy, and a period of three
incumbences added, to the fixty
years which are allowed to the
crown in the fame cafe; that the
gentleman who moved for the bill,
and those who supported it, wish-
ed, and were ready, to admit of any further ease or advantage to the
poor parochial clergy that could be
pointed out, and that did not strike
at the principles of the bill; and
that the first of these, has already
made this proposal to the two me-
tropolitans, and desired their lord-
ship's assistance in it. But that in
fact, the poor clergy were only the
mask upon this occasion to screen
the rich; that poverty was used as
an instrument to protect riches, and
necessity employed, to guard and
defend luxury and superfluity. The
motion was opposed by the whole
force of administration, and it was much complained of, that a bill brought in upon public ground,
and apparently for the public be-
nefit, should not be allowed a read-
ing. The majority however, was
not so great as might have been
expected, the numbers being 117,
to 141, who opposed the question,
The message which gave
rife to the Royal Marriage which gave
20th
Bill, was a few days after presented
to both houses. In this message it
is observed, that his Majesty being
defirous, from paternal affection to
his own family, and acious con-
cern
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For the YEAR 1772. [*91
Cern for the future welfare of his
people, and the honour and dig-
nity of his crown, that the right
of approving all marriages in the
royal family (which ever has be-
longed to the Kings of this realm
as a matter of public concern)
may be made effectual, recom-
mends to both houses to take into
their serious consideration, whether
it may not be wife and expedient
to supply the defects of the laws
now in being, and by some new
provisions more effectually to guard
the descendants of his late majesty
(other than the issue of princesses
who have married, or may here-
after marry without the appro-
bation of his majesty, his heirs, or
successors, first had an obtained.
In consequence of his message,
a bill was brought into the house
of lords, which fully answered all
the purposes that could have been
intended by it. After reciting
the king's message in the pream-
ble, and acknowledging the legality
of the powers claimed therein by
the crown, in the declaratory part,
this bill proceeds in the enacting,
to render all the descendants of the
late king (excepting on those
that were excepted in the message)
incapable of contracting marriage
without the previous consent of the
King, or his successors on the
throne, signified under the great
seal, and declared in Council;
every such marriage, and matri-
monial contract, without such con-
sent being declared null and void.
It is however granted, that such
descendants, being above the age
of 25 years, upon then giving the
privy council twelve months pre-
vious notice of their design, may,
after the expiration of that term,
enter into marriage without the
royal consent, unless both houses
of parliament should within that
time expressly declare their dif-
approbation of it. All persons,
who shall knowingly presume to
solemnize, or to assist at the cele-
bration of such illicit all the
pains and penalties of the statute
of premunire.
This bill was opposed with extra-
ordinary vigour in both houses.
New motions were continually
made, either to expunge or to
amend those that were thought to
be its most exceptionable parts;
and every degree of parliamentary
skill was used, either to obstruct its
progress, or to improve its form.
Notwithstanding these impedi-
ments, it was carried through the
house of lords with wonderful dis-
patch, and, through it was brought
in late in February, passed through
the last reading on the third of
March.
In this course of its progress,
one of the first measures that was
taken was to demand the opinion
of the judges, how far, by the law
of this kingdom, the King is en-
trusted with the care and appro-
bation of the marriages of the royal
family. The opinion returned by
the judges was, that the care and
approbation of the marriages of the
children and grand-children of the
King, and the presumptive heir to
the crown, (other than the issue of
foreign families) do belong to the
kings of this realm; but to what
other branch of the royal family
such care and approbation do ex-
tend, the judges did not find pre-
cisely determined.
The question was put separately
upon
