Note 84 — Chapter V

The præmunire clauses of the Regency Act (24 George II. c. 24) are in the 4th and 22nd sections. By the 4th section these penalties attach on any person having the custody of the King’s appointment of the Council of Regency, that ventures to open the same without his Majesty’s order, or to neglect or refuse to deliver up the same after his Majesty’s death. The 22nd section is more important, and as it contains the clause to which the text applies, and was the subject of much discussion in the House of Commons, where it met with warm opposition, even from the Speaker, Mr. Onslow, the following transcript of it may not be without interest: “All commissions, letters patent, orders, matters, and things to be made, passed, had, or done by the said Regent, either with or without the consent of the said Council of Regency, in order unlawfully to set aside, change, or vary the order and method of Government, and administration of Government settled by this Act during such minorities as aforesaid, shall be absolutely null and void; and every person advising, concurring, promoting, or assisting therein shall incur the penalties of a præmunire.” An animated report of the debates on this clause is given by Walpole, Mem. Geo. II. vol. i. p. 191.—E.