Regency Acts, 1706 to 1953

Contents

Introduction

From the Glorious Revolution until 1937, British law did not systematically provide for regencies.  Ad hoc arrangements were made at each time, whether to provide for a minority or a permanent illness (as in 1811). The Regency Act 1937 for the first time provides a permanent procedure for both contingencies; it also creates a procedure for delegating the exercise of royal power for temporary absences and illnesses (putting on a statutory basis a procedure which had existed under the royal prerogative until 1936).

This page provides the full texts of all relevant acts.  It is divided in two parts:

  • pre-1937 texts, as passed, are taken from Statutes of the Realm and Statutes at Large;
  • the law currently in force (Regency Acts 1937-1953) is taken from 10 Halsbury's Statutes (Constitutional Law, Pt 2) 71-77, with the addition of the footnotes.
The Regency Acts 1937 to 1953 consist of the basic text of 1937, amended in 1943 to correct an anomaly (that the heir to the throne could accede without regency at 18 but not be a counsellor of state until 21), and in 1953 to correct a remaining anomaly (that an heir could accede at 18 but not be regent until 21), provide for the regency to be exercised by the duke of Edinburgh, and add the Queen Mother to the list of potential counsellors of State.  The text given here is as currently in force, net of the amendments.  To figure out what was in force at various times between 1937 and 1953, read the footnotes.

Several of these acts are discussed in Erskine May's Constitutional History (online thanks to Don Aitken):


REGENCY ACT 1706

(6 Ann c 7)

An Act for the security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line.

Statutes at Large (Ruffhead, vol. 4, pp. 276-281).  Repealed:

  • repealed in part SLR 1888
  • preamble repealed, Crim Law 1967, c. 58, s. 14, sch4  pt I
  • s 1-3 repealed Crim Law 1967, c. 58, s. 14, sch4  pt I
  • ss4-5 repealed in part SLR 1878
  • s. 6 repealed Meeting of Parliament 1797, c. 127 s. 2
  • s 8 repealed SL(R) 1973 c. 39
  • ss 10-17 repealed SLR 1867
  • s 18 repealed Demise of the Crown 1727 (1 G 2 st. 1 c5), s2; 1 G 2 st. c 23; SLR 1867
  • ss19-23 repealed SLR 1867
  • ss 24, 25 repealed H of C Disqualification 1957, c 20, s 14 (1) sch 4 pt I
  • s 26 repealed SL(R) 1978 c 45, s 1(1), sch 1 pt. III
  • ss 27, 28 repealed H of C Disqualification 1957, c. 20, s. 14(1), sch 4 pt I
  • s 29 repealed in part H of C Disqualification 1957, c. 20, s. 14(1), sch 4 pt I
  • s. 30 repealed SLR 1867
Note: this act is a reenactment of 4 Ann c. 8, to take into account the union of England and Scotland into Great Britain; the substance was unchanged.

Whereas by the happy Union of England and Scotland, it is become necessary to make divers Alterations in Relation to an Act passed in the Parliament of England, in the fourth Year of the Reign of her present Majesty, whom God long preserve, intituled, An Act for the better Security of her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line, and to extend the Provsions of the said Act through the whole United Kingdom, for the better security of our most gracious Sovereign's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line, as it is now by the Laws and Statutes of this Realm settled and appointed; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That . IV. and be it further enacted by the Authority aforesaid, That this present Parliament, or any other Parliament which shall hereafter be summoned and called by her Majesty Queen Anne, her Heirs or Successors, shall not be determined or dissolved by the Death or Demise of her said Majesty, her Heirs or Successors, but such Parliament shall, and is hereby enacted to continue, and is hereby impowered and requited, if sitting at the Time of such Demise, immediately to proceed to act, notwithstanding such Death or Demise, for and during the Term of six Months, and no longer, unless the same be sooner prorogued or dissolved by such Person to whom the Crown of this Realm of Great Britain shall come, remain and be, according to the Acts for limiting and settling the Succession, and for the Union above mentioned, and if the said Parliament shall be prorouged, then it shall meet and sit on and upon the Day unto which it shall be prorogued, and continue foe the Residue of the said Time of six Months, unless sooner prorogued or dissolved as aforesaid.

...

V. and be it further enacted by the Authority aforesaid, That if there be a Parliament in Being, at the Time of the Death of her Majesty, her Heirs or Successors, but the same happens to be separated by Adjournment or Prorogation, such Parliament shall immediately after such Demise meet, convene and sit, and shall act, notwithstanding such Death or Demise, for and during the Time of Six Months, and no longer, unless the same shall be sooner prorogued or dissolved as aforesaid.

VI. And be it further enacted by the Authority aforesaid, That in case there is no Parliament in Being at the Time of such Demise that hath met and sat, then the last preceeding Parliament shall immediately convene, and sit at Westminster, and be a Parliament to continue as aforesaid, to all Intents and Purposes, as if the same Parliament had never been dissolved, but subject to be prorogued and dissolved as aforesaid.

VII. Provided always, and it is hereby declared, That nothing in this Act contained shall extend or be construed to extend to alter or abridge the Power of the Queen, her Heirs or Successors, to prorogue or dissolve Parliaments, nor to repeal, or make void one Act of Parliament made in England in the sixth Year of the Reign of their said late Majesties King William and Queen Mary, intituled, An Act for the frequent Meeting and Calling of Parliaments; but that the said Act shall continue in Force in every Thing that is not contrary to, or inconsistent with the Direction of this Act; and the said Act for the frequent Meeting and Calling of Parliaments is hereby declared and enacted to extend t othe Parliament of Great Britain, as fully and effectually, to all Intents, Constructions, and Purposes, as if the same were herein and hereby particularly recited and enacted.

VIII. And be it further enacted by the Authority aforesaid, That the Privy Council of her Majesty, her Heirs or Successors for the Kingdom of Great Britain, shall not be determined or dissolved by the Death or Demise of her Majesty, her Heirs or Successors, but such Privy Council shall continue and act as such by the Space of six Months next after such Demise, unless sooner determined by the next Successor to whom the Imperial Crown of this Realm is limited and appointed to go, remain, andn descend; nor shall the Office or Place of Lord Chancellor or Lord Keeper of the Great Seal of Great Britain, or of Lord High Treasurer of Great Britain, Lord President of the Council for Great Britain, Lord Privy Seal of Great Britain, Lord High Admiral of Great Britain, or of any of the Great Officers of the Queen or King's Houshold for the Time being; nor shall any Office, Place, or Employment, Civil or Military, within the Kingdoms of Great Britain or Ireland, Dominion of Wales, Town of Berwick upon Tweed, Isles of Jersey, Guernsey, Alderney and Sarke, or any of her Majesty's Plantations, become void by Reason of the Demise or Death of her present Majesty, her Heirs or Successors, Queens or Kings of this Realm; but the said Lord Chancellor or Lord Keeper of the Great Seal of Great Britain, the Lord High Treasurer of Great Britain, the Lord President of the Council, the Lord Privy Seal, the Lord High Admiral of Great Britain, the Great Officers of the Houshold, and every other Person and Persons in any of the Offices, Places, and Employments aforesaid, shall continue in their respective Offices, Places, and Employments, for the space of six Months next after such Death or Demise, unless sooner removed and discharged by the next in Succession as aforesaid.

IX. And be it further enacted by the Authority aforesaid, That the Great Seal of Great Britain, the Privy Seal, Privy Signet, and all other Publick Seals in Being, at the Time of the Demise of her Majesty, her Heirs or Successors, shall continue and be made use of as the respective Seals of the Successor, until such Successor shall give Order to the contrary.

X. And be it further enacted by the Authority aforesaid, That whensoever her Majesty (whom God long preserve) shall happen to demise and depart this Life without Issue of her Body, the Privy Council for Great Britain in Being, at the Time of such Demise of her Majesty, shall with all convenient Speed cause the next Protestant Successor entitled to the Crown of Great Britain, by Virtue of the Acts before mentioned, to be openly and solemnly proclaimed in Great Britain and Ireland, in such Manner and Form as the preceding Kings and Queens respectively have been usually proclaimed after the Demise of their respective Predecessors; and that all and every Member and Members of the said Privy Council, wilfully neglecting or refusing to cause such Proclamation to be made, shall be guilty of High Treason, and being thereof lawfully convicted, shall be adjudged Traitors, and shall suffer Pain of Death, and all Losses and Forfeitures as in Cases of High Treason; and also all and every Officer and Officers within the said Kingdoms of Great Britain and Ireland, who shall by the said Privy Council vbe required to make such Proclamations, and shall wilfully refuse or neglect to make the same, shall be guilty of High Treason, and being thereof lawfully convicted, shall be adjudged Traitors, and shall suffer Pain of Death, and all Losses and Forfeitures as in Cases of High Treason.

XI. And because it may happen that the next Protestant Successor may, at the Time of such Demise of her Majesty, be out of the Realm of Great Britain in Parts beyond the Seas; Be it therefore enacted by the Authority aforesaid, That for the continuing of the Administration of the Government in the Name of such Protestant Successor, until her or his Arrival in Great Britain, the seven Officers herein after named, who shall be in the Possession of their Offices at the Time of such Demise of her Majesty, that is to say, the Archbishop of Canterbury at that Time being, the Lord Chancellor or Lord Keeper of the Great Seal of Great britain at that Time being, the Lord High Treasurer of Great Britain at that Time being, the Lord President of the Council for Great Britain at that Time being, the Lord Privy Seal of Great Britain at that Time being, the Lord High Admiral of Great Britain at that Time being, and the Lord Chief Justice of the Queen's Bench at that Time being, shall be and are, by Virtue of this Act, constituted and appointed Lords Justices of Great Britain, and are and shall be, by Virtue of this Act, impowered, in the Name of such Successor, and in her and his Stead, to use, exercise, and execute all Powers, Authorities, Matters, and Acts of Government ,and Administration of Government, in as full and ample Manner as such next Successor could use or execute the same, if she or he were present in Person within this Kingdom of Great Britain, until such Successor shall arrive, or otherwise determine their Authority.

XII. Nevertheless, be it further enacted by the Authority aforesaid, That such Person who by the Limitations aforesaid is or shall be next to succeed to the Crown of this Realm, in case of her Majesty's Demise without Issue, shall and is hereby impowered, at any Time during her Majesty's Life, by three Instruments under her or his Hand and Seal, revocable or to be altered at her or his Will and Pleasure, to nominate and appoint such and so many persons, being natural born Subjects of this Realm of Great Britain, as she or he shall think fit, to be added to the seven Offiicers before named, to be Lords Justices of Great Britain, as fully and in the same Manner as if they had been herein particularly named; Which said Lords Justices, or the major Part of them, which shall assemble, so as such major Part be not fewer than five, shall and may use and exercise all the Powers and Authorities before mentioned, as fully and effectually, to all Intents and Purposes, as if all of them had been assembled together and consenting.

George I had appointed, in addition to the seven Officers: the archbishop of York, the dukes of Somerset, Bolton, Devonshire, Kent, Argyll, Roxburgh, the earls of Pembroke, Anglesey, Carlisle, Nottingham, Abingdon, Scarborough, Orford, viscount Townshend, Lord Halifax and Lord Cowper. George I landed at Greenwich on Sept. 18, 1714.

XIII. And be it enacted by the Authority aforesaid, That the said three Instruments, revocable and to be altered as aforesaid, shall be transmitted into Great britain, to the Resident of such Person next to succeed as aforesaid, whose Credentials shall be enrolled in the High Court of Chancery, and to the Archbishop of Canterbury, and the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain, close sealed up; and after they are so transmitted, shall be put into several Covers, which shall be severally sealed up with three Several Seals of such Resident, and of the Archbishop of Canterbury, and of the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain; and one of them, after it is so sealed up, shall be lodged and deposited in the Hands of such resident, one other of them in the Hands of the said Archbishop of Canterbuty, and one other of them in the Hands of the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain; And that if the next Successor shall be minded to revoke or alter her or his Nomination or Appointment made as aforesaid, and shall by three Writings of the same Tenor, under her or his Hand and Seal, require the said Instruments deposited as aforesaid, to be delivered up to some Person or Persons thereby authorized to receive the same; then and in such Case the said Persons with whom the said Instruments shall be deposited, and every other person in whose Custody any of the said Inaatruments shall happen to be, shall deliver the said Instrumments accordingly; and they are hereby respectively authorized and required so to do: And if any of the said Persons with whom the said Instruments shall be so deposited shall happen to die, or be removed from their respective Offices or Imployments, during the life of her present Majesty, such Person and Persons, and in case of any of their Deaths, their Executors or Administrators respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall, with all convenient Speed, deliver such of them as shall be in his or their Custody, to the Successor or Successors of the Person so dying or removed as aforesaid; which said several Instruments so sealed up and deposited as aforesaid, shall immediately after the Demise of her Majesty without Issue, be brought before the Privy Council, where the same shall be forthwith opened and read, and afterwards inrolled in the High Court of Chancery.

XIV. And be it further enacted by the Authority aforesaid, That if any of the said Persons with whom the said Instruments shall be deposited as aforesaid, or any of their Executors or Administrators, or any other Person in whose Custody the same shall happen t obe after the Deceases of any of the saidf Persons, shall open any of the said Instruments, or shall wilfully neglect or refuse to produce before the said Privy Council as aforesaid, such of the said Instruments as shall be in his or their Custody as aforesaid, every such Person so opening, neglecting or refusing, shall incur the Pains and Penalties of Praemunire inflicted by the said Statute of Praemunire.

XV. And be it further enacted by the Authority aforesaid, That if all the said Instruments deposited as aforesaid, shall not be produced before the said Privy Council as aforesaid, then any one or more of the said Instruments so produced as aforesaid, shall be as effectual to give such Authority as aforesaid, to the Persons therein named, as if all of them had been produced as aforesaid; And if there be not any Nomination by such Instruments, then the said seven Officers, or any five of them are constituted and appointed to be Lords Justices of Great Britain, and are hereby invested with the Powers and Authorities mentioned in this Act.

XVI. And be it further enacted by the Authority aforesaid, That any Nomination and Appointment already made by the next Successor, signified by such Instruments deposited as aforesaid, pursuant to the said former Act for the better Security of her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line, shall be deemed and taken to be effectual for constituting and appointing the Persons so nominated Lords Justices of England to be Lords Justices of Great Britain, to all Intents, Constructions and Purposes, as if such Nomination and Appointment were made pursuant to this Act.

XVII. And be it further enacted by the Authority aforesaid, That the said Lords Justices constituted as aforesaid shall not dissolve the Parliament constituted and ordered to assemble and sit as aforesaid, without express Diretion from such succeeding Queen or King; and that the said Lords Justices shall be, and are hereby restrained and disabled from giving the Royal Assent in Parliament to any Bill or Bills for the repealing or altering the Act made in the thirteenth and fourteenth Years of the Reign of King Charles the Second, intituled, An Act for the Uniformity of Publick Prayers, and Administration, of Sacraments and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England; or the Act made in Scotland in the last Session of Parliament there, intituled An Act for securing the Protestant Religion and Presbyterian Church Government; and all and every the said Lords Justices concurring in giving the Royal Assent to any Bill or Bills for repealing or altering the said Acts, or either of them, shall be guilty of High Treason, and suffer and forfeit as in Cases of High Treason.

XVIII. And be it further enacted by the Authority aforesaid, That the said Lords Justices before they act or intermeddle in their said Offices, or any of the Authorities hereby to them given, shall take the Oaths mentioned in an Act made in England in the first Year of the Reign of their late Majesties King William and Queen Mary, intituled An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; and also the Oath herein after expressed an enacted to be taken after the Demise of her Majesty without Issue of her Body; which said Oaths shall be taken before the Privy Council appointed to continue by Virtue of this Act, who are hereby required and impowered to administer the same and that all the Members of both Houses of Parliament, and every Member of the Privy Council, and all Officers or Persons in any Offices, Places, or Imployments Civil or Military, who are or shall be by this Act continued as aforesaid, shall take the said Oaths, and do all other Acts requisite by the Laws and Statutes of this Realm, to qualify themselves to be and continue in such their respective Places, Offices and Imployments, within such Time, and in such Manner, and under such Pains, Penalties, and Disabilities, as they should or ought to do, had they been newly elected, appointed, constituted, or put into such Offices, Places, or Imployments in the usual and ordinary Way.

XIX. And be it further enacted by the Authority aforesaid, that all and every the Persons that shall be any of the Lords Justices by Virtue of this Act, shall be deemed and taken as Persons executing Offices of Trust within England, and shall be rquired to do all Acts requisite by the Laws and Statutes of England, to qualify themselves to be and continue in their said Offices or Places of Trust, within such Times, and in such Manner, as under such Pains, Penalties, and Disabilities as in and by the said Act are required.

XX. And be it further enacted by the Authority aforesaid, That from and after the Demise of her Majesty without Issue of her Body, instead of the Oath appointed to be taken by the Act, intituled, An Act for the further Security of her Majesty's Person, and the Succession fo the Crown in the Protestant Line, and for the extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abetters, and for declaring the Association to determined, the following Oath shall be taken by all Persons required by the said Act to take the said Oath therein mentioned, and hereby altered and changed (that is to say)

"I A.B. do truly and sincrely acknowledge, profess, testify, and declare in my Conscience, before God and the World, That our Sovereign      is lawful and rightful      of this Realm, and of all other      Majesties Dominions and Countries thereunto belonging. And I do solemnly and sincerely declare, That I do believe in my Consience, that the Person pretended to be Prince of Wales, during the Life of the late King James, and since his Decease pretending to be, and taking upon himself the Stile and Title of King of England, by the Name of James the Third, hath not any Right or Title whatsoever to the Crown of this Realm, or any other the Dominions thereto belonging: And I do renounce, refuse, and abjure any Allegiance or Obedience to him. And I do swear, That I will bear Faith and Allegiance to      and      will defend to the utmost of my Power, against all traiterous Conspiracies and Attempts whatsoever which shall be made against      Person, Crown, or Dignity. And I will do my utmost Endeavour to disclose and make known to      Majesty and      Successors all Treasons and traiterous Conspirarices which I shall know to be against      or any of them. And I do faithfully promise, to the utmost of my Power, to support, maintain, and defend the Succession of the Crown against him the said James, and all other Persons whatsoever, as the same by an Act, intituled, An Act for the further limitation of the Crown, and better securing of the Rights and Liberties of the Subject, is and stands limited to the Princess Sophia, Electress and Dutchess Dowager of Hanover, and the Heirs of her Body, being Protestants. And all these Things I do plainly and sincerely acknowledge and swear, according to the express Words by me spoken, and according to the plain and common Sense and Understanding of the same Words, without any Equivocation, mental Evasion, or secret Reservation whatsoever. And I do make this Recognition, Acknowledgment, Abjuration, Renunciation, and Promise, heartily, willingly, and truly, upon the true Faith of a Christian. So help me GOD."

XXI. The Blanks of which Oath shall be filled up with the Name of her or him, as Queen, or King, who shall be next in Succession, according to the said Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, when the said Oath is to take Place, and with the other proper Additions of the Words Her, His, or Him, and from and after the Death of the said pretended Prince of Wales, these Words following, viz. ["And I do solemnly and sincerely declare, That I do believe in my Consience, that the Person pretended to be Prince of Wales, during the Life of the late King James, and since his Decease pretending to be, and taking upon himself the Stile and Title of King of England, by the Name of James the Third, hath not any Right or Title whatsoever to the Crown of this Realm, or any other the Dominions thereto belonging: And I do renounce, refuse, and abjure any Allegiance or Obedience to him"] shall be left out, and also the Words ["against him the said James, and all other Persons whatsoever"] shall be omitted, and instead thereof shall be inserted ["against all Persons whatsoever"].

XXII. And be it further enacted by the Authority aforesaid, That such next succeesinf Queen or King shall and may make use of any Seal, to affix to any Writing or Instrument, which she or he shall, before her or his Arrival in Great Britain, make and pass, to execute and do, or cause to be executed or done, any regal Act; and it being signified by such Writing or Instrument, that the same shall have the same Effect as if passed under the Great Seal of Great Britain, or any other publick Seal used therre, the same shall be of the same Force and Effect, as if it were actually sealed by the Seal of Great Britain, or such other publick Seal, which the same is declared to be intended to have the Force and Effect of in such Writing or Instrument.

XXIII. And be it further declared and enacted, That if, after the Death of Her Majesty without Issue, and before the Arrival of any succeeding King or Queen in Great Britain, any Parliament shall be called by the Lords Justices, by Writs tested in their Names; by the Arrival of such succeeding King or Queen in Great Britain, such Parliament shall not be dissolved, but after such Arrival shall proceed without any new Summons.

XXIV. Provided always, That if any of the aforesaid seven Offices, other than the Office of Lord High Treasurer of Great Britain, shall be in Commission at the Time of the Demise of Her Majesty, then the first Commissioner of such respective Commission, shall be one of the said Lords Justices of Great Britain, and use, exercise, and execute all Powers, Authorities, Matters, and Acts of Government by this Act vested in the said Lords Justices of Great Britain, according to the Directions and Provisions of this Act, in as full and ample Manner as if such Office or Offices were in the Hands of a single Person: Provided also, that if there be no Lord High Treasurer of Great Britain, and the Office of the Treasurer of the Exchequer shall be in Commission, then the First in that Commission shall be one of the said Lords Justices of Great Britain.

...



Regency during the king's absence Act 1728

(2 Geo 2  c 27)

An Act to enable Her Majesty to be Regent of this Kingdom during His Majesty's Absence, without taking the Oaths.

Repealed, SLR 1867.

"WHEREAS the King's Most Excellent Majesty (whom God long preserve) hath been graciously pleased to communicate to His Parliament His Royal Intention, for diverse, weighty and important Reasons, speedily to visit His Dominions in Germany, and to appoint His Royal Consort the Queen (in whose Wisdom and illustrious Virtues His Majesty and His People do intirely confide) to be Regent of this Kingdom during His Majesty's absence;" Be it enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the Authority of the same, That if at any Time or Times hereafter His Majesty shall be pleased to constitute of appoint His said Royal Consort, the Queen, to be Regent of this Kingdom during His Absence, either by the Style of Guardian of the Realm of Great Britain, and His Majesty's Lieutenant within the same, or by any other Style or Title whatsoever, in evey such Case Her Majesty shall, to all Intents and Purposes, be able and capable in Law to accept, hold, exercise and enjoy the said Office, and effectually to do and perform all Acts, Matters and Things belonging thereunto, in such Manner, and for such Time as His Majesty, by any Letters Patent or Commission to be passed for that Purpose under the Great Seal of Great Britain, shall respectively from Time to Time direct and ordain, without taking, making or subscxribing any Oath or Oaths, Declaration or Declarations, or doing any other Act or Acts whatsoever, required by the Laws and Statutes of this Realm to wualify any other Person to accept, hold, exercise or enjoy the said Office; any Law or Statute to the contrary thereof in any wise notwithstanding.


Minority of successor to crown Act 1751

(24 Geo 2 c 24)

An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his late Royal Highness Frederick Prince of Wales, being under the Age of eighteen Years; and for the Care and Guardianship of their Persons.

Statutes at Large (Ruffhead, vol. 7, pp. 355-359).  Repealed, SLR 1867.

Most Gracious Sovereign,

"WHEREAS your Majesty having it entirely at Heart to secure the future Welfare and Happiness of, your People, was graciously pleased to communicate to your Parliament, That you had maturely considered, that nothing can conduce so much (under, the Protection of the Divine Providence) to the Preservation of the Protestant Succession in your Royal Family, and the Support of the Religion, Laws and Liberties of these Kingdoms (which have been always most dear to your Majesty) as the making proper Provisions for the Care and Tuition, of the Person of your Successor to the Crown, and for the regular Administration of the Government, in case such Successor should be of tender Years, by Means whereof, the Safety and Princely Education of such Successor may be secured, the publick Peace and good Order maintained, and the Strength and Glory of the Crown of Great Britain suffer no Diminution ; for which Reasons your Majesty, out of your paternal Affection and Tenderness for your Royal Family, and for all your faithful Subjects, did earnestly recommend it to both your Houses of Parliament to take this weighty Affair into their most serious Deliberation ; and was pleased to propose to their Consideration, That when the Imperial Crown of these Realms should descend to any of the Issue of your Son the late Prince of Wales being under the Age of eighteen Years, the Princess Dowager of Wales their Mother (of whose great Virtues and eminent Qualities we are truly sensible) might be Guardian of the Person of such Successor, and Regent of these Kingdoms, until they should attain such Age, with such Powers and Limitations as should appear necessary and expedient for these important Purposes : And whereas, in Return for this paternal Goodness, with the most unfeigned Duty and Gratitude to your Majesty, and with the justest Sense of that constant Protection which your Majesty has always extended to our religious and civil Rights, and of the many Blessings which these Kingdoms have enjoyed, during your auspicious and glorious Reign (for the long Continuance whereof our daily and most fervent Prayers are offered up to Heaven) we have taken this weighty Affair into our serious Consideration, and Wing thoroughly convinced of the Wisdom and Expediency of what your Majesty has thought fit to recommend on this important Occasion, are firmly and zealously determined to contribute every Thing in our Power to the Preservation of the Protestant Succession, as settled by law in your Royal Family, the numerous  hopeful Branches whereof, formed by your Instruction, and led by your Example, we look upon  as so many Pledges of the Security of our excellent Constitution to future Generations."  We, your Majesty's most dutiful and loyal Subjects,  the Lords Spiritual and Temporal, and Commons, in Parliament assembled, do humbly beseech your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent  of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

That whensoever, and as often as the Imperial Crown of this Realm shall descend to his Royal Highness. George William Frederick Prince of Wales, the eldest Son of his Royal Highness Frederick late Prince of Wales, or to any other of the Children of his said late Royal Highness, if at the. respective Times of such Descent, his said Royal Highness George William Frederick Prince of Wales, or such other of the said Children succeeding to the Crown as aforesaid, shall be under the Age of eighteen Years, her Royal Highness Augusta Princess Dowager of Wales shall be Guardian, and have the Care, Tuition and Education of the Person of his said Royal Highness George William Frederick Prince of Wales, or such other Successor as aforesaid, until their respective Ages of eighteen Years, and shall till such Ages, have the Disposition, Ordering and Management of all Matters and Things relating thereto; and, that her said Royal Highness shall, during such Minorities, and no longer, have full Power and Authority, in the Name of his said Royal. Highness George William Frederick Prince of Wales, or such other Successor, and in his or her Stead, and under the Stile and Title of Regent of the Kingdom, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of this Realm, and all the Dominions, Countries and Territories belonging to the Crown of Great Britain, and shall do and execute all Prerogatives, Authorities, Acts of Government and Administration of Government, which belong to the King or Queen of this Realm to do and execute, according to Law ; but in such Manner and subject to such Conditions, Restrictions, Limitations and Regulations, as are herein after for that Purpose specified and mentioned.

II.  And be it further enacted by the Authority aforesaid, That all Acts of Regal Power, Prerogative, Government or Administration of Government, Of what Nature or Kind soever, which shall be done or executed by such King, or Queen under the of eighteen Years, during the Regency of her said Royal  Highness, established by this Act, otherwise than by her said Royal Highness, in the Manner, and according to the Directions of this Act, shall he absolutely null and void to all Intents and Purposes.

III. And, be it further enacted by the Authority aforesaid, That in order to assist her said Royal Highness in the Administration of the Government, there shall be during such Minorities a Council to be called The Council of Regency, which shall consist of the Perfons and Officers following, (that is to say) his Royal  Highness William Duke of Cumberland,  the Archbishop of Canterbury for the Time being, the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain for the Time being, the Lord Treasurer of Great Britain for the Time being, the Lord President of the Council for the Time being, the Lord Privy Seal for the Time being, the Lord High Admiral of Great Britain for the Time being, the Principal Secretaries of State for the Time being, and the Lord Chief Justice of the Court of King's Bench for the Time being; and such and so many other Persons (being natural born Subjects of this Realm) not exceeding the Number of four, as his present Majesty shall, by three Instruments under his Royal Sign Manual, revocable, from Time to Time, at his Will and Pleasure, think fit to nominate and add to the said Persons and Officers before mentioned,; which three Instruments being sealed up under three several Covers, with any Seal his Majesty shall think fit to make use of for that Purpose, shall be each sealed also with the several Seals of her said Royal Highness, the Archbishop of Canterbury for the Time being, and the Lord Chancellor or Lord Keeper of the Great Seal for the Time being; and one Of the said Instruments shall be lodged and deposited in the Hands of her said Royal Highness, another in the Hands of the said Archbishop of Canterbury, and one other in the Hands of the Lord Chancellor or Lord Keeper of the Great Seal for the Time being; and if his Majesty shall be willing to revoke or alter his Nomination made as aforesaid, and shall, by three Writings under his Hand and Seal, require the said Instruments so deposited as aforesaid, to be delivered up to some Person or Persons thereby authorized to receive the same, then and in such Case, the Persons with whom the said Instruments shall be deposited as aforesaid, and every of them, and in case of the Deaths of any of them, their Executors and Administrators respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall deliver up the same accordingly; and in case the said Archbishop of Canterbury, or the Lord Chancellor or Lord Keeper shall die or be removed from their said Offices, before the Re-delivery of such Instruments as aforesaid, the Person, so removed, and the Executors and Administrators of the Persons so dying, and every Person in whose Custody such Instrument shall happen to be, shall deliver the same with all convenient Speed, to the Successor or Successors of the Person so dying or being removed ; and after the Demise of his Majesty, in case of such Minority as aforesaid, the said three  Persons, their Executors or Administrators, and all  other Persons in whose Custody the said Instruments shall then be, shall immediately bring the same before the Privy Council then existing ; which it is hereby enacted, shall be forthwith on such Demise assembled, and such Instruments shall be there opened and read, and presently afterwards inrolled in the High Court of Chancery.

IV. And be it further enacted by the Authority aforesaid, That if any of the said Persons, with whom the said Instruments, shall he so deposited, or any of their Executors or Administrators, or any other Person having the Custody thereof, shall open any of the said Instruments in the Life of his present Majesty, without his Majesty's Order, or shall wilfully neglect or refuse to produce and deliver the same to the Privy Council, every Person so opening, neglecting or refusing, shall incur the Pains and Penalties of Premunire inflicted by the Statute of Premunire made in the sixteenth Year of the Reign of King Richard the Second.

V. And be it further enacted by the Authority aforesaid, That if all the said three Instruments shall not be produced. before the said Privy Council as, aforesaid, then any one or more of the said Instruments so produced, shall be effectual to give such Authority as aforesaid, to the Persons therein named, not exceeding four; and in case his Majesty shall not be pleased to name any such additional Counsellors, then his said Royal Highness the Duke of Cumberland, & said Archbishop of Canterbury, and the said Officers for the Time, being, shall be solely the Council of Regency, and be invested with all the Powers intended to be vested by this Act in the Council of Regency.

VI. Provided always, That if at the Time of his Majesty's Demise, or at any Time during the Regency of her said Royal Highness, there shall be no Lord High Treasurer of Great Britain, and the Office of Treasurer of the Exchequer shall be in Commission, or if there shall be then no Lord High Admiral, and the Office of Lord High Admiral shall be then in Commission, then the first Commissioner named in such respective Commissions shall be of the said Council of Regency.

VII. And be it further enacted by the Authority aforesaid, That the said Council of Regency shall, from Time to Time, meet and sit as her said Royal Highness shall be pleased to direct, and that any five of the said Council, but not any less Number, being so assembled, shall be sufficient to act as such Council of Regency, and all Acts to be done by a major Part of the Council so assembled, shall be deemed to be Acts of the Council of Regency, (excepting such. particular Cases wherein it is otherwise provided by this Act) and that his said Royal Highness William Duke of Cumberland shall be Chief or Head of the said Council of Regency.

VIII. And be it further enacted by the Authority aforesaid, That her Royal Highness the Princess Dowager of Wales before she shall act or enter upon her said Office of Regent, or within one Calendar Month after, shall take the following Oath of Office (that is to say)

"I Augusta Princess Dowager of Wales, do solemnly promise and swear, That I will truly and faithfully execute the Office of Regent of the Kingdom of Great Britain, according to an Act of Parliament made in the twenty-fourth Year of the Reign of his Majesty King George the Second, intituled, An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his late Royal Highness Frederick Prince of Wales, being under the Age of eighteen Years and for the Care and Guardianship of their Persons;  and that I will administer the Government of this Realm and of all the Dominions  thereunto belonging, according to the Laws, Customs and Statutes thereof and will in all Things; to the utmost, of my Power and Ability, consult and maintain  the Safety, Honour, and Dignity of his or her (as the Case shall require) Majesty, and the Welfare of his or her (as the case shall require) People. So help me God."


IX. And each of the Members of the said Council of Regency, and their Successors, shall before they shall respectively act in or enter upon their respective Offices as Members of the said Council, take the following Oath of Office (that is to say)

"I A. B. do solemnly promise and swear that I will truly and faithfully serve his or her (as the Case shall require) Majesty, in the Office of one of the Council of Regency, established by an Act of Parliament made in the twenty-fourth Year of the Reign of his Majesty King George the Second, intituled, An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his late Royal Highness Frederick Prince of Wales, being under the age of eighteen Years and for the Care and Guardianship of their Persons; and that I will duly and faithfully execute the said Office, according to the true Intent and Meaning of the said Act; and that in all Matters and Things which shall be moved, debated and considered in the Council of Regency, I will truly and faithfully declare my Mind and Opinion, according to my Heart and Conscience, and the best of my judgment; and will  support, maintain, and defend the Person, Honour, Crown and Dignity of his or her (as the case shall be) Majesty, to the utmost of my Power.  So help me God."
Each of which Oaths shall be taken before the Privy Council then in Being, who are hereby required and impowered to administer the same, and to enter the same in the Council Books.

X. And be it further enacted by the Authority aforesaid, That her said Royal Highness, and every Person who shall be of the Council of Regency by virtue of this Act and of the Powers hereby given, shall be deemed and taken to be Persons having and executing Offices or Places Of Trust within England, and take and subscribe such Oaths, make and subscribe such Declaration, and do all such Acts as are required by the Laws and Statutes of this Kingdom, to qualify Persons to hold and continue in Offices and Places a of Trust, within such Times, and in such Manner, and under such Pains, Penalties, Forfeitures and Disabilities, as in and by the said Laws and Statutes are required,

XI. Provided nevertheless, and be it enacted by the Authority aforesaid, That it shall be lawful for her said Royal Highness to take and. subscribe the said Oaths, and make and subscribe such Declaration, in and before the Privy Council, and the Certificate of her said Royal Highness's having received the Sacrament of the Lord's Supper in any of the Royal Chapels, signed by the Person administering the same, shall be registered in the said Privy Council, and her said Royal Highness's so taking and subscribing the said Oaths, and making and subscribing the said Declaration, and taking the said Sacrament, shall be to all Intents and Purposes as effectual as if the same had been taken, made and subscribed in the Manner required by Law, for the Qualification of Persons to hold and continue in Offices and Places of Trust.

XII. And be it further enacted by the Authority aforesaid, That whensoever his present Majesty (whom God long preserve) shall happen to demise, leaving such Successor as aforesaid, under the Age of eighteen  Years, the Privy Council for the Kingdom of Great Britain in being, at the Time of such Demise shall, with all convenient Speed, assemble, and cause such next Successor intitled to the Crown of Great Britain, by virtue, of an Act of the twelfth Year of the Reign of King William the Third, (intituled, An Act for the further Limitation of the Crown, and better Securing the Rights and Liberties of the Subject) to be openly and solemnly proclaimed in the usual Manner in Great Britain and Ireland; and that all and every Member  and Members of the said Privy Council, wilfully neglecting or refusing to cause such Proclamations to be made, shall be guilty of High Treason, and suffer upon Conviction thereof Pains of Death, and all other Losses and Forfeitures, as in cases of High Treason.

XIII. Provided always, and be it enacted by the Authority aforesaid, That in the Creation of all, Peerages of Great Britain or Ireland, in the pardoning of all Crimes of High Treason, and in the Gift, Grant and Disposition of all Archbishopricks and Bishopricks in England or Ireland, the Offices of Lord Chancellor or Lord Keeper of the Great Seal of Great Britain or Ireland, of Lord Treasurer or Treasurers of the Exchequer, or Commissioners  for executing the Office of Treasurer of the Exchequer, Lord President of the Council, Lord Privy Seal, Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, the Principal Secretaries of State, Master of the Rolls in Great Britain and Ireland, and of all the judges of the Courts of King's Bench and Common Pleas, and Barons of the Courts of Exchequer in England and Ireland, and of the Judges of the Court of Session, Court of Justiciary, and Barons of the Court of Exchequer in Scotland and in the giving Instructions, Orders and Authorities for the making any Treaties with any foreign Powers; the Consent of the said Council of Regency, or the major Part of any five or more of them so assembled as aforesaid, shall be necessary to make the said Creations, Pardons, Gifts, Grants, Dispositions, Instructions, Orders or Authorities, good and effectual.

XIV.  Provided also, and be it enacted by the Authority aforesaid,  That it shall not be lawful for her said Royal Highness to make War or Peace, ratify any Treaty with any foreign Power, or to prorogue, adjourn or dissolve any Parliament, without the Consent of the major Part of the whole Council of Regency, then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall be a an equal Number, then without the Consent of one half Part of  the said Council, and that her said Royal Highness, either with or without the Consent of said Council of Regency, shall not give the Royal Assent to any Bill or Bills in Parliament, for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown Of this Realm, as the same stands now established in the illustrious House of Hanover, by the said Act of the twelfth Year of the Reign of King William the Third, (intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject) or to any Act for repealing or altering the Act made in the thirteenth Year of the Reign of King Charles the Second, (intituled, An Act for the Uniformity of publick Prayers and administration of Sacraments, and other Rites and Ceremonies ; and for establishing the Form of making, ordaining and consecrating Bishops, Priests, and Deacons, in the Church of England) or one Act of the fifth Year of the Reign of Queen Anne, made in Scotland, (intituled, An Act for securing the Protestant Religion and Presbyterian  Church Government.)

XV. Provided also, and be it further enacted, by the Authority aforesaid, That the Archbishop of Canterbury  or any other Person appointed by this Act to be of the said Council of Regency, in virtue or by reason of his Dignity or Office, shall continue no longer of the said Council than he shall continue in such his said Dignity or Office, and his Successor in such Dignity or Office shall become one of the said Council; and that the Lord Chancellor or Lord Keeper of the Great Seal for the Time being, the Lord Treasurer or first Commissioner of the Treasury, for the Time being, the Lord President of the Council for the Time being, the Lord Privy Seal for the Time being, the Lord High Admiral or first Commissioner of the Admiralty for the Time being, and the Principal Secretaries of State for the Time being, so appointed to be of the said Council of Regency by this Act shall continue in their said respective Offices, after such Descent of the Crown to any of the Children of his said Royal Highness Frederick late Prince of Wales, during the Regency of her said Royal Highness, as well after as before the Expiration of six Months from the Time of such Descent, unless removed by her said Royal Highness with the Consent of a major Part of the whole Council of Regency then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council, or upon the Address of both Houses of Parliament, in which latter Case her Royal Highness alone may remove any of the said Officers against whom such Address shall be presented.

 XVI. Provided nevertheless, That the Archbishop of Canterbury for the Time being, and the Lord Chief Justice of the Court of King's Bench for the Time being, notwithstanding their remaining in such Dignity and Office respectively, may be removed from being of the Council of Regency by her Royal Highness, with the Consent of a major Part of the Council of Regency then in being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council, or upon the Address of both Houses of Parliament; and that any other of the Members of the said Council not so appointed in virtue or by reason of their Dignities or Offices, may be removed likewise by her Royal Highness, with the like Consent, or upon the Address of both Houses of Parliament; and within two Calendar Months after such Descent of the Crown as aforesaid, in case any Vacancy or Vacancies of any of the said Offices shall happen then to be, and within the Space of two Calendar Months after every Vacancy which shall happen by Means of such Removal, or by the Death or Resignation of any Member of the said Council of Regency, her Royal Highness shall, and is required, with the Consent of the Council of Regency, or the Major Part of those present, not being less than five, to fill up such Vacancy by the Appointment of a new Officer, where the Vacancy happens by the Death, Removal or Resignation of one of the Members of the said Council, so appointed in virtue or by reason of his Dignity or Office, or by the Appointment of a  new Member of the said Council, being a natural-born Subject of this Realm, where the Vacancy happens by the Death or Removal, or Resignation of any Member, not being one of the Officers named in this Act, or by the Resignation or Removal of the Archbishop of Canterbury, or of the Lord Chief Justice of the King's Bench, from being of the said Council of Regency.

XVII. Provided  always, and be it enacted by the Authority aforesaid, That nothing  herein contained shall take Away or prejudice the Rights, Authorities, Powers and Jurisdictions of the Privy Council, but her said Royal Highness shall have full Power to summon and hold, or to cause the same to be summoned and holden in the usual Manner, and any of the Members of the said Council of Regency may be and continue of the Privy Council also.

XVIII. And be it further enacted by the Authority aforesaid, That whensoever and as often as the Crown shall descend to such Minor Successor as aforesaid, in case a Parliament shall be then in Being, which shall have met and sat, such Parliament shall continue for three Years, from the Time of such Descent, unless such Successor to whom the Crown shall, descend as aforesaid, shall sooner attain his or her Age of eighteen Years, or such Parliament shall be sooner dissolved by her said Royal Highness with the Consent of a major Part of the Council of Regency, then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain, and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council ; and in case at the Time of such Descent, there shall be no Parliament in Being which shall have met and sat, then the last preceding  Parliament shall immediately convene and sit at Westminster, and be a Parliament to continue for three Years as aforesaid, to all Intents and Purposes, as same had never been dissolved, unless such Successor shall sooner attain his or her Age of eighteen Years, or such Parliament shall be sooner dissolved by her said Royal Highness, with such Consent as last mentioned.

XIX.  And be it further enacted by the Authority aforesaid, That his Royal Highness George William Frederick Prince of Wales, in case the Crown shall descend or come to him before the Age of eighteen, or any other of the Children of his late Royal Highness Frederick Prince of Wales, to whom the same shall descend before his or her Age of eighteen Years, shall not, during the Regency of her said Royal Highness, be married to any Person whatsoever, without the Consent of her said Royal Highness, and of an major Part of the said Council of Regency then in being, and in Great Britain, in case there shall the be an unequal Number in Great Britain, and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council; and every Marriage so had without such Consent, shall be null and void to all Intents and Purposes; and every Person who shall be acting, aiding, abetting or concerned in obtaining, procuring or bringing about any such Marriage, and the Person who shall be so married to such King or Queen, under the Age of eighteen Years, shall be guilty of High Treason, and suffer and forfeit as in cases of High Treason.

XX. And be it further enacted by the Authority aforesaid, That in all Cases where the Members of the Council of Regency shall be equally divided in their Voices, her said Royal Highness shall and may decide and determine the Question or Matter concerning which they shall be so equally divided, if she shall be pleased to give her own Opinion thereupon.

XXI. And be it further enacted by the Authority aforesaid, That in all Cases where the Consent of a major or one half Part of the said Council of Regency then in Being, and in Great Britain, is by this Act made necessary to the Validity of any Act, Matter or Thing, such Consent shall be signed by the respective Members giving such Consent in the Council Books ; and that a Clerk or Clerks of the Council of Regency shall be appointed by her said Royal Highness, and such Clerk or Clerks shall provide Books for entering the Acts of such Council, and shall enter the same truly and faithfully, and keep the said Books, for which he or they shall be answerable, and such Clerk or Clerks, before he or they enter upon the Execution of their said Office, shall take an Oath before such Council, for the due Execution of such Office or Place respectively.

XXII. And be it further enacted by the Authority aforesaid, That 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 to all Intents and Purposes, and every Person advising, concurring, promoting or assisting therein, shall incur the Penalties of Premunire, inflicted by the said Statute of Premunire.

XXIII. And be it declared and enacted by the Authority. aforesaid, That an Act of Parliament made in the twenty-eighth Year of the Reign of King Henry the Eighth, intituled, an Act giving Authority to such as shall succeed to the Crown of this Realm when they come to the Age of twenty-four Years, to make frustrate such Acts as shall be made afore in their Time; and one other Act made in the fifth Year of the Reign of King Edward the Sixth, intituled, An Act for the Repeal of a certain Statute made in the eight and twentieth year of the Reign of the late King, of most famous Memory, Henry the Eighth, for revoking of Acts of Parliament, are determined, and of no Force or Effect whatsoever.
 


Minority of heir to the crown Act 1766

(5 Geo 3 c 27)

An Act to provide for the Administration of the Government, in case the Crown should descend to any of the children of his Majesty, being under the Age of eighteen Years; and for the care and guardianship of their Persons.

Statutes at Large (Ruffhead, vol. 10, pp. 61-66). Repealed, SLR 1867.
 

"WHEREAS your Majesty, from a tender Concern for your faithful Subjects, and anxious Desire to provide for every possible Event which may affect their future Happiness or Security, hath been graciously pleased to communicate from the Throne to both Houses of Parliament, That your Majesty's late Indisposition (which filled the Breasts of all your Subjects with the most alarming Apprehensions) had led your Majesty to consider the Situation in which your Kingdoms and your Family might be left, if it should please God to put a Period to your Majesty's Life, whilst your Successor is of tender Years; and that the High Importance of this Subject to the publick Safety, good Order, and Tranquillity, the Paternal Affection which your Majesty bears to your Children and to all your People, and your earnest Desire that every Precaution should be taken which may tend to preserve the Constitution of Great Britain undisturbed, and the Dignity and Lustre of its Crown unimpaired, had determined your Majesty to lay this weighty Business before your Parliament; to whose most serious Deliberation your Maesty was pleased to recommend the making such Provisions as would be necessary, in case any of your Children should succeed to the Throne before they should respectively attain the age of Eighteen Years; and, to this End, your Majesty was also pleased to propose to their Consideration, whether, under the present Circumstances, it would not be expedient to vest in your Majesty the Power of appointing, from time to time, by Instruments in Writing under your Sign Manual, either the Queen, or any other Person of your Royal Family usually residing in Great Britain, to be the Guardian of the Person of such Successor, and the Regent of these Kingdoms until such Successor shall attain the Age of Eighteen Years; subject to the like Restrictions and Regulations as are specified and contained in an Act passed upon a similar Occasion, in the twenty-fourth Year of the Reign of his late Majesty your Royal Grandfather; and that the Regent so appointed should be assisted by a Council of Regency, to be established by Authority of Parliament: And whereas, in return for this Paternal Goodness, expressed in so early and provident a Care for an Event so truly deplorable, and being filled with the most cordial Sense of Duty and Gratitude to your Majesty, for the tender Concern and Regard which your Majesty has always, and now more especially, demonstrated for the Happiness of your People, and the lasting Security of their Religion, Laws, and Liberties, we have taken this important Business into our most serious Consideration; and being justly alarmed at the unhappy Situation in which these Kingdoms and your Majesty's Royal Family would be left, I case it should please Almighty God to put a Period to your Majesty's inestimable Life (for the long and glorious Continuance of which we offer up our daily and most fervent Prayers to Heaven) before your Royal Successor shall be of sufficient Years to support the Weight of Government; and being likewise thoroughly convinced of the Wisdom and Expediency of what your Majesty has thought fit to propose upon this weighty Occasion, are fully and zealously determined to contribute every Thing in our Power to the firm and lasting Establishment of the Protestant Succession, as settled by the Laws of the Land, in your Majesty's Royal Family, the auspicious Encrease of which we consider as the Bulwark of our Civil and Religious Liberties, and the Pledge of perpetual Security to the Laws and Constitution of Great Britain:" We therefore, your Majesty's most dutiful and loyal Subjects,  the Lords Spiritual and Temporal, and Commons, in Parliament assembled, do humbly beseech your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent  of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

That whensoever, and as often as the Imperial Crown of this Realm shall descend to his Royal Highness George Augustus Frederick Prince of Wales, the eldest Son of his present Majesty (whom God long preserve), or to any other of the Children of his present Majesty now born or hereafter to be born, if at the respective Times of such Descent, his said Royal Highness George Augustus Frederick Prince of Wales, or such other of the said Children succeeding to the Crown as aforesaid, shall be under the Age of eighteen Years, such Person (subject to the Restrictions herein after-mentioned) as his present Majesty, by three Instruments under his Royal Sign Manual, revocable, from time to time, at his Will and Pleasure (to be sealed and deposited in such Manner and with such Persons as herein after-mentioned) shall nominate and appoint, shall be the Guardian, and have the Care, Tuition and Education of the Person of his said Royal Highness GeorgeAugustus Frederick Prince of Wales, or such other Successor as aforesaid, until his said Royal Highness or such other Successor shall have attained his or her respective Age of eighteen Years; and such Guardian shall, thill his said Royal Highness, or such other Successor, shall have attained such respective Age, have the Disposition, Ordering and Management of all Matters and Things relating to the said Care, Tuition and Education; and, that such Person so nominated and appointed as aforesaid, shall, during such Time as his said Royal Highness GeorgeAugustusFrederick Prince of Wales, or such other Successor as aforesaid, shall be respectively under the said Age of eighteen Years, and no longer, have full Power and Authority, in the Name of his said Royal Highness, or such other Successor, and in his or her Stead, and under the Stile and Title of Regent of the Kingdom, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of this Realm, and all the Dominions, Countries and Territories to the Crown of Great Britain belonging; and shall use, execute, and perform all Prerogatives, Authorities, and Acts of Government, and Administration of Government, which belong to the King or Queen of this Realm to use, execute, and perform, according to the Laws thereof ; but in such Manner, and subject to such Conditions, Restrictions, Limitations and Regulations, as are herein after for that Purpose specified, mentioned, and contained.

II. Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be capable of being so nominated and appointed to be Guardian and Regent as aforesaid, other than and except her present Majesty our most Gracious Queen Charlotte his Majesty's Royal Consort, or her Royal Highness Augusta Princess Dowager of Wales, or other than and except some one Person of his Majesty's Royal Family, descended from the late King his Majesty's Royal Grandfather, whose usual Residence, at the Time of passing this Act, shall have been, and from thenceforth, until such Nomination and Appointment, shall continue to be, in Great Britain.

III. Provided nevertheless, That is shall and may be lawful for his Majesty to nominate and appoint, in and by such Instruments as aforesaid, any Number of Persons, under the Restrictions aforesaid , (as to his Royal Wisdom shall seem meet) severally to succeed each other in the Guardianship and Regency aforesaid, by Way of Substitution, in case the Person or Persons first nominated and appointed shall happen to die, during such Time as his said Royal Highness, or such other Successor as aforesaid, shall respectively be under the Age of eighteen Years; but so as that no more than one Person shall at any one Time be intitled to such Guardianship and Regency as aforesaid.

IV. Provided always, and be it enacted by the Authority aforesaid, That no Person so nominated and appointed to be Guardian and Regent as aforesaid, shall be capable of succeeding to, or holding such Office of Guardian and Regent, unless the usual Residence of such Person, from the Time of such Nomination and Appointment, to the Time of his or her succeeding to such Office of Guardian and Regent, shall continue to be in Great Britain; and in case any Person shall become so disqualified by Non-residence as aforesaid, or in case any Person so nominated and appointed as aforesaid, who shall have succeeded to, and shall be in the actual Exercise of, the said Office of Guardian and Regent, shall not afterwards continue to be resident in Great Britain; or in case any Person so nominated and appointed to be Guardian and Regent as aforesaid, shall at any Time marry a Papist; then, and in every such Case, such Nomination and Appointment of the said Person shall cease and determine in the same Manner as if such Person were naturally dead.

V. And be it further enacted by the Authority aforesaid, That the said three Instruments of Nomination and Appointment being sealed up under three several Covers with any Seal which his Majesty shall think fit to make use for that Purpose, shall each be sealed also with the several Seals of the Archbishop of Canterbury for the Time being, of the Lord Chancellor or Lord Keeper of the Great Seal or the first Commissioner named in any Commission then subsisting for the Custody of the Great Seal of Great Britain for the time being, and of the President of the Council for the time being; and one Of the said Instruments shall be lodged and deposited in the Hands of the said Archbishop for the time being,  another in the Hands of the Lord Chancellor or Lord Keeper of the Great Seal Seal or the first Commissioner named in any Commission then subsisting for the Custody of the Great Seal for the time being; and the third in the Hands of the said President of the Council for the time being; and if his Majesty shall be willing to revoke or alter his Nomination and Appointment made as aforesaid, and shall by three Writings, under his Hand and Seal, require the said Instruments so deposited as aforesaid, to be delivered up to some Person or Persons thereby authorized to receive the same, then and in such Case, the Persons with whom the said Instruments shall be deposited as aforesaid, and every of them, and in case of the Deaths of any of them, their Executors and Administrators respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall, deliver up the same accordingly; and in case the said Archbishop of Canterbury, or the Lord Chancellor, Lord Keeper, or first Commissioner for the Custody of the Great Seal, or the said President of the Council, shall die, or be removed from their said Offices, before the Re-delivery of such Instruments as aforesaid, the Person, so removed, and the Executors and Administrators of the Persons so dying, and every Person in whose Custody such Instrument shall happen to be, shall deliver the same with all convenient Speed to the Successor or Successors of the Person so dying or being removed ; and after the Demise of his Majesty, whensoever and as often as such Successor or Successors respectively shall be under the Age of Eighteen Years, the said three  Persons, their Executors or Administrators, and all  other Persons in whose Custody the said Instruments shall, then be, shall immediately bring the same before the Privy Council then existing ; which it is hereby enacted, shall be forthwith, on such Demise, assembled; and such Instruments shall be there opened and read, and presently afterwards inrolled in the High Court of Chancery.

VI. And be it further enacted by the Authority aforesaid, That if any of the said Persons, with whom the said Instruments, shall he so deposited, or any of their Executors or Administrators, or any other Person having the Custody thereof, shall open any of the said Instruments in the Life of his present Majesty, without his Majesty's Order, or shall, wilfully neglect or refuse to produce and deliver the same to the Privy Council, every Person so opening, neglecting or refusing, shall incur the Pains and Penalties of Premunire inflicted by the Statute of Premunire made in the sixteenth Year of the Reign of King Richard the Second.

VII.  And be it further enacted by the Authority aforesaid, That if all the said three Instruments shall not be produced before the said Privy Council as, aforesaid, then any one or two of the said Instruments so produced, shall, be effectual to give such Authority as aforesaid, to the Person or Persons successively therein respectively named.

VIII.  And be it further enacted by the Authority aforesaid, That all Acts of Regal Power, Prerogative, Government or Administration of Government, Of what Nature or Kind soever, which shall be done or executed by such King or Queen so succeeding as aforesaid, under his or her respective Age of eighteen Years, during the Regency established by this Act, otherwise than by and with the Consent and Authority of the said Regent, in the Manner, and according to the Directions of this Act, shall he absolutely null and void to all Intents and Purposes.

IX. And, be it further enacted by the Authority aforesaid, That in order to assist the said Regent in the Administration of the Government, there shall be during the Time that such Successor or Successors respectively shall be under the Age of eighteen Years, a Council to be called The Council of Regency, which shall consist of their Royal Highnesses his Majesty's Brothers, Edward Augustus Duke of York and Albany, William Henry Duke of Gloucester and Edinburgh, Prince Henry Frederick, and Prince Frederick William, and his Royal Highness his Majesty's Uncle William Augustus Duke of Cumberland, (the said Prince Henry Frederick and Prince Frederick William to be Members of the said Council of Regency when they shall respectively attain the Age of Twenty-one Years, and not sooner) and also of the Persons and Officers following; that is to say,  the Archbishop of Canterbury for the time being; the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain or the first Commissioner named in any Commission then subsisting for the Custody of the Great Seal of Great Britain for the time being; the Lord Treasurer of Great Britain, or the first Commissioner named in any Commission then subsisting for executing that Office for the time being; the Lord President of the Council for the time being; the Lord Privy Seal for the Time being; the Lord High Admiral of Great Britain, or the first Commissioner named in any Commission then subsisting for executing that Office for the time being;  the two principal Secretaries of State for the Time being;  and the Lord Chief Justice of the Court of King's or Queen's Bench for the time being; and if it shall happen that all or any of their said Royal Highnesses Edward Augustus Duke of York and Albany, William Henry Duke of Gloucester and Edinburgh, Prince Henry Frederick, Prince Frederick William, and William Augustus Duke of Cumberland, shall depart this Life during the Reign of his present Majesty; or if any of them shall be nominated and appointed by his Majesty, to be the said Regent of the Kingdom immediately ion the Demise of his Majesty, while such Successor shall be under the Age of eighteen Years; then, and in any of such Cases, it shall and may be lawful to and for his Majesty, by three Instruments under his Royal Sign Manual, revocable at his Will and Pleasure from time to time, to nominate and appoint some one Person, being a natural born Subject of this Realm, to be a Member of the said Council of Regency, in the Room or Place of each and every of their said Royal Highnesses so dying, or being constituted immediate Regent as aforesaid; which said three last mentioned Instruments shall be sealed up and deposited in the same Manner, and with the same Persons, as is herein before directed, with respect to the three first mentioned Instruments, which shall contain his Majesty's Nomination and Appointment of the Regent aforesaid; and the Person and Persons with whom the said three last mentioned Instruments shall be deposited, their Executors and Administrators, shall respectively keep, dispose of, and produce the  same unopened, in such and the same Manner, to such and the same Persons, at such and the same Times and Places, and under such and the same Penalties, as are herein before specified, directed, and enacted, with respect to the said three first mentioned Instruments, which shall contain his Majesty's Nomination and Appointment of the Regent aforesaid.

X. And be it further enacted by the Authority aforesaid, That the said Council of Regency shall, from time to time, meet and sit as the said Regent for the time being shall be pleased to direct, and that any fiveof the said Council, but not any less Number, being so assembled, shall be sufficient to act as such Council of Regency, and all Acts to be done by a major Part of the Council so assembled, shall, be deemed to be Acts of the Council of Regency, excepting such. particular Cases wherein it is otherwise provided by this Act.

XI. And be it further enacted by the Authority aforesaid, That the said Regent for the time being, before he or she shall act or enter upon her said Office of Regent, or within one Calendar Month after, shall, take the following Oath of Office, that is to say,

"I A. B. do solemnly promise and swear, That I will truly and faithfully execute the Office of Regent of the Kingdom of Great Britain, according to an Act of Parliament made in the fifth Year of the Reign of his Majesty King George the Third, intituled, An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his Majesty, being under the Age of eighteen Years and for the Care and Guardianship of their Persons;  and that I will administer the Government of this Realm and of all the Dominions  thereunto belonging, according to the Laws, Customs and Statutes thereof and will in all Things; to the utmost, of my Power and Ability, consult and maintain  the Safety, Honour, and Dignity of his or her (as the Case shall require) Majesty, and the Welfare of his or her (as the case shall require) People. So help me God."
And each of the Members of the said Council of Regency, and their Successors, shall before they shall respectively act in or enter upon their respective Offices as Members of the said Council, take the following Oath of Office (that is to say)
"I A. B. do solemnly promise and swear that I will truly and faithfully serve his or her (as the Case shall require) Majesty, in the Office of one of the Council of Regency, established by an Act of Parliament made in the fifth Year of the Reign of his Majesty King George the Third, intituled, An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his Majesty, being under the age of eighteen Years and for the Care and Guardianship of their Persons; and that I will duly and faithfully execute the said Office, according to the true Intent and Meaning of the said Act; and that in all Matters and Things which shall be moved, debated and considered in the Council of Regency, I will truly and faithfully declare my Mind and Opinion, according to my Heart and Conscience, and the best of my judgment; and will  support, maintain, and defend the Person, Honour, Crown and Dignity of his or her (as the case shall be) Majesty, to the utmost of my Power.  So help me God."
Each of which Oaths shall be taken before the Privy Council then in Being, who are hereby required and impowered to administer the same, and to enter the same in the Council Books.

XII. And be it further enacted by the Authority aforesaid, That the said Regent for the time being, and every Person who shall, be of the Council of Regency, by virtue of this Act, and of the Powers hereby given, shall be deemed and taken to be Persons having and executing Offices or Places Of Trust within England, and take and subscribe such Oaths, make and subscribe such Declaration, and do all such Acts as are required by the Laws and Statutes of this Kingdom, to qualify Persons to hold and continue in Offices and Places a of Trust, within such Times, and in such Manner, and under such Pains, Penalties, Forfeitures and Disabilities, as in and by the said Laws and Statutes are required.

XIII. Provided nevertheless, and be it enacted by the Authority aforesaid, That it shall be lawful for the said Regent for the time being,  to take and. subscribe the said Oaths, and make and subscribe such Declaration, in and before the Privy Council, and the Certificate of his or her having received the Sacrament of the Lord's Supper in any of the Royal Chapels, signed by the Person administering the same, shall be registered in the said Privy Council, and such taking and subscribing the said Oaths, and making and subscribing the said Declaration, and taking the said Sacrament, shall be to all Intents and Purposes as effectual as if the same had been taken, made and subscribed in the Manner required by Law, for the Qualification of Persons to hold and continue in Offices and Places of Trust.

XIV. And be it further enacted by the Authority aforesaid, That whensoever his present Majesty (whom God long preserve) shall, happen to demise, leaving such Successor as aforesaid, under the Age of eighteen  Years, the Privy Council for the Kingdom of Great Britain in being, at the Time of such Demise shall, with all convenient Speed, assemble, and cause such next Successor intitled to the Crown of Great Britain, by virtue, of an Act of the twelfth Year of the Reign of King William the Third, (intituled, An Act for the further Limitation of the Crown, and better Securing the Rights and Liberties of the Subject) to be openly and solemnly proclaimed in the usual Manner in Great Britain and Ireland; and that all and every Member  and Members of the said Privy Council, wilfully neglecting or refusing to cause such Proclamations to be made, shall be guilty of High Treason, and suffer upon Conviction thereof Pains of Death, and all other Losses and Forfeitures, as in cases of High Treason.

XV. Provided always, and be it enacted by the Authority aforesaid, That in the Creation of all, Peerages of Great Britain or Ireland, in the pardoning of all Crimes of High Treason, and in the Gift, Grant and Disposition of all Archbishopricks and Bishopricks in England or Ireland, the Offices of Lord Chancellor or Lord Keeper of the Great Seal of Great Britain or Ireland, of Lord Treasurer or Treasurers of the Exchequer, or Commissioners  for executing the Office of Treasurer of the Exchequer, Lord President of the Council, Lord Privy Seal, Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, the Principal Secretaries of State, Master of the Rolls in Great Britain and Ireland, and of all the judges of the Courts of King's or Queen's Bench and Common Pleas, and Barons of the Courts of Exchequer in England and Ireland, and of the Judges of the Court of Session, Court of Justiciary, and Barons of the Court of Exchequer in Scotland and in the giving Instructions, Orders and Authorities for the making any Treaties with any foreign Powers; the Consent of the said Council of Regency, or the major Part of any Five or more of them so assembled as aforesaid, shall be necessary to make the said Creations, Pardons, Gifts, Grants, Dispositions, Instructions, Orders or Authorities, good and effectual.

XVI.  Provided also, and be it enacted by the Authority aforesaid,  That it shall not be lawful for  the said Regent for the time being, to make War or Peace, ratify any Treaty with any foreign Power, or to prorogue, adjourn or dissolve any Parliament, without the Consent of the major Part of the whole Council of Regency, then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall be a an equal Number, then without the Consent of one half Part of  the said Council, and that  the said Regent for the time being, either with or without the Consent of said Council of Regency, shall not give the Royal Assent to any Bill or Bills in Parliament, for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown Of this Realm, as the same stands now established in the illustrious House of Hanover, by the said Act of the twelfth Year of the Reign of King William the Third, (intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject) or to any Act for repealing or altering the Act made in the thirteenth Year of the Reign of King Charles the Second, (intituled, An Act for the Uniformity of publick Prayers and administration of Sacraments, and other Rites and Ceremonies ; and for establishing the Form of making, ordaining and consecrating Bishops, Priests, and Deacons, in the Church of England) or one Act of the fifth Year of the Reign of Queen Anne, made in Scotland, (intituled, An Act for securing the Protestant Religion and Presbyterian  Church Government.)

XVII. Provided also, and be it further enacted, by the Authority aforesaid, That the Archbishop of Canterbury  or any other Person appointed by this Act to be of the said Council of Regency, in virtue or by reason of his Dignity or Office, shall continue no longer of the said Council than he shall continue in such his said Dignity or Office, and his Successor in such Dignity or Office shall become one of the said Council; and that the Lord Chancellor or Lord Keeper, or first Commissioner of the Custody of the Great Seal for the time being, the Lord Treasurer or first Commissioner of the Treasury for the time being, the Lord President of the Council for the Time being, the Lord Privy Seal for the Time being, the Lord High Admiral or first Commissioner of the Admiralty for the Time being, and the two Principal Secretaries of State for the Time being, so appointed to be of the said Council of Regency by this Act shall continue in their said respective Offices, after such Descent of the Crown to any of the Children of his Majesty, during the Tie that such King or Queen shall respectively remain under the Age of eighteen Years, as well after as before the Expiration of six Months from the Time of such Descent, unless removed by the said Regent for the time being, with the Consent of a major Part of the whole Council of Regency then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council, or upon the Address of both Houses of Parliament, in which latter Case the said Regent for the time being alone may remove any of the said Officers against whom such Address shall be presented.

 XVIII. Provided nevertheless, That the Archbishop of Canterbury for the time being, and the Lord Chief Justice of the Court of King's or Queen's Bench for the time being, notwithstanding their remaining in such Dignity and Office respectively, may be removed from being of the Council of Regency by he said Regent for the time being, with the Consent of a major Part of the Council of Regency then in being, and in Great Britain, in case there shall then be an unequal Number in Great Britain; and if the Number then in Great Britain shall, be an equal Number, then with the Consent of one half Part of the said Council, or upon the Address of both Houses of Parliament; and that any other of the Members of the said Council not so appointed in virtue or by reason of their Dignities or Offices, may be removed likewise by he said Regent for the time being, with the like Consent; or upon the Address of both Houses of Parliament; and within two Calendar Months after such Descent of the Crown as aforesaid, in case any Vacancy or Vacancies of any of the said Offices shall happen then to be, and within the Space of two Calendar Months after every Vacancy which shall happen by Means of such Removal, or by the Death or Resignation of any Member of the said Council of Regency, or by any such Member's succeeding to the Office of Regent, or by the Death of either of their said Royal Highnesses Prince Henry Frederick, and Prince Frederick William, under the Age of twenty-one Years, the said Regent for the time being shall and is required, with the Consent of the Council of Regency, or the Major Part of those present, not being less than five, to fill up such Vacancy by the Appointment of a new Officer, where the Vacancy happens by the Death, Removal or Resignation of one of the Members of the said Council so appointed in virtue or by reason of his Dignity or Office; or by the Appointment of a  new Member of the said Council, being a natural-born Subject of this Realm, where the Vacancy happens by the Death or Removal, or Resignation of any Member, not being one of the Officers named in this Act, or by any such Member's succeeding to the Office of Regent, or by the Death of either of their said Royal Highnesses Prince Henry Frederick, and Prince Frederick William, under the Age of twenty-one Years, or by the Resignation or Removal of the Archbishop of Canterbury, or of the Lord Chief Justice of the King's or Queen's Bench, from being of the said Council of Regency.

XIX. Provided  always, and be it enacted by the Authority aforesaid, That nothing  herein contained shall, take Away or prejudice the Rights, Authorities, Powers and Jurisdictions of the Privy Council, but the said Regent for the time being shall have full Power to summon and hold, or to cause the same to be summoned and holden in the usual Manner, and any of the Members of the said Council of Regency may be and continue of the Privy Council also.

XX. And be it further enacted by the Authority aforesaid, That whensoever, and as often as the Crown shall descend to such  Successor as aforesaid, being under the Age of eighteen Years, in case a Parliament shall be then in Being, which shall have met and sat, such Parliament shall, continue for three Years, from the Time of such Descent, unless such Successor to whom the Crown shall descend as aforesaid, shall sooner attain his or her Age of eighteen Years; or such Parliament shall be sooner dissolved by the said Regent for the time being, with the Consent of a major Part of the Council of Regency, then in Being, and in Great Britain, in case there shall then be an unequal Number in Great Britain, and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council ; and in case at the Time of such Descent, there shall be no Parliament in Being which shall have met and sat, then the last preceding  Parliament shall, immediately convene and sit at Westminster, and be a Parliament to continue for three Years as aforesaid, to all Intents and Purposes, as same had never been dissolved, unless such Successor shall sooner attain his or her Age of eighteen Years, or such Parliament shall, be sooner dissolved by the said Regency [sic] for the time being, with such Consent as last mentioned.

XXI.  And be it further enacted by the Authority aforesaid, That his Royal Highness George Augustus Frederick Prince of Wales, in case the Crown shall descend or come to him before the Age of eighteen, or any other of the Children of his Majesty, to whom the same shall descend before his or her Age of eighteen Years, shall not, during such Regency, be married to any Person whatsoever, without the Consent of the said Regent for the time being, and of a major Part of the said Council of Regency then in being, and in Great Britain, in case there shall the be an unequal Number in Great Britain, and if the Number then in Great Britain shall be an equal Number, then with the Consent of one half Part of the said Council; and every Marriage so had without such Consent, shall be null and void to all Intents and Purposes; and every Person who shall be acting, aiding, abetting or concerned in obtaining, procuring or bringing about any such Marriage, and the Person who shall be so married to such King or Queen, under the Age of eighteen Years, shall be guilty of High Treason, and suffer and forfeit as in cases of High Treason.

XXII. And be it further enacted by the Authority aforesaid, That in all Cases where the Members of the Council of Regency shall be equally divided in their Voices, the said Regent for the time being shall and may decide and determine the Question or Matter concerning which they shall be so equally divided, if such Regent shall be pleased to give his or her own Opinion thereupon.

XXIII. And be it further enacted by the Authority aforesaid, That in all Cases where the Consent of a major or one half Part of the said Council of Regency then in Being, and in Great Britain, is by this Act made necessary to the Validity of any Act, Matter or Thing, such Consent shall be signed by the respective Members giving such Consent in the Council Books ; and that a Clerk or Clerks of the Council of Regency shall be appointed by the said Regent for the time being; and such Clerk or Clerks shall provide Books for entering the Acts of such Council, and shall enter the same truly and faithfully, and keep the said Books, for which he or they shall be answerable, and such Clerk or Clerks, before he or they enter upon the Execution of their said Office, shall take an Oath before such Council, for the due Execution of such Office or Place respectively.

XXIV. And be it further enacted by the Authority aforesaid, That all Commissions, Letters Patent, Orders, Matters and Things to be made, passed, had or done by the said Regent for the time being, 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 the Time that such Successor or Successors respectively shall be under the Age of eighteen Years, shall be absolutely null and void to all Intents and Purposes, and every Person advising, concurring, promoting or assisting therein, shall incur the Penalties of Premunire, inflicted by the said Statute of Premunire.


Care of King during his illness etc. 1811

(51 Geo 3 c 1)

An Act to provide for the Administration of the Royal Authority, and for the Care of His Majesty's Royal Person, during the Continuance of His Majesty's Illness; and for the Resumption of the Exercise of the Royal Authority by His Majesty. [5th February 1811]

Statutes at Large, 1811, pp. 1-14.  Repealed, SLR 1873.

WHEREAS by reason of the severe Indisposition with which it hath pleased God to afflict the King's Most Excellent Majesty, the Personal Exercise of the Royal Authority by His Majesty is, for the present, so far interrupted, that it becomes necessary to make Provision for assisting His Majesty in the Administration and Exercise of the Royal Authority, and also for the Care of his Royal Person during the continuance of His Majesty's Indisposition, and for the Resumption of the Exercise of the Royal Authority by His Majesty;" Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That His Royal Highness George Augustus Frederick Prince of Wales shall have full Power and Authority, in the Name and on the Behalf of His Majesty, and under the Stile and Title of "Regent of the United Kingdom of Great Britain and Ireland," to exercise and administer the Royal Power and Authority to the Crown of the United Kingdom of Great Britain and Ireland belonging, and to use, execute and perform all Authorities, Prerogatives, Acts of Government and Administration of the same, which lawfully belong to the King of the said United Kingdom to use, execute and perform; subject to such Limitations, Exceptions, Regulations and Restrictions, as are hereinafter specified and contained; and all and every Act and Acts which shall be done by the said Regent, in the Name and on the Behalf of His Majesty, by virtue and in pursuance of this Act, and according to the Powers and Authorities hereby vested in him, shall have the same force and Effect to all Intents and Purposes as the like Acts would have if done by His Majesty himself, and shall to all Intents and Purposes be of full and sufficient Warrant to all  Persons acting under the Authority thereof; and all Persons shall yield Obedience thereunto, and carry the same into Effect, in the  same manner and for the same Purposes as the same Persons ought to yield Obedience to and carry into Effect the like Acts done by His Majesty himself; any Law, Course of Office, or other Matter or Thing to the contrary notwithstanding.

II. And be it further enacted, That as to all Authorities given and Appointments made in the Name and on the Behalf of His Majesty and all other Acts, Matters and Things usually done under the Authority of the Royal Sign Manual, the Signature of the Regent in the Form following; that is to say, George P. R. or in cases where the Royal Signature has usually been affixed in Initials only, then in the Form G. P. R., shall be as valid and effectual, and have the same Force and Effect as His Majesty's Royal Sign Manual, and shall be deemed and taken  to be to all Intents and Purposes His Majesty's Royal Sign Manual, and\ be obeyed as such.

III. And be it further enacted, That when His Majesty shall by the Blessing of God be restored to such a State of Health as to be capable of resuming the Personal Exercise of his Royal Authority, and shall have declared his Royal Will and Pleasure thereupon, as hereinafter provided, all and every the Powers and Authorities given by this Act, for the Exercise and Administration of His Royal Power and Authority, or for the using, executing and performing the Authorities, Prerogatives, Acts of Government and Administration of the same, which belong to the King of the United Kingdom of Great Britain and Ireland to use, execute and perform, or for the Care of His Majesty's Royal Person, shall cease and determine; and no Act, Matter or Thing, which, under this Act, and previous to such Declaration might be done in the Administration of His Majesty's Royal Power and Authority, or in the using, exercising or performing any such Authorities, Prerogatives, Acts of Government or Administration as aforesaid or in the Care of His Majesty's Royal Person, by virtue and in pursuance of this Act, shall, if done after such Declaration of His Majesty's Royal Will and Pleasure, be thenceforth valid or effectual.

IV. Provided always, and be it further enacted, That all Persons holding any Offices or Places, or Pensions during His Majesty's Pleasure, at the time of such Declaration, under any Appointment or Authority of the Regent, or Her Majesty, under the Provisions of this Act, shall continue to hold the same, and to use, exercise and enjoy all the Powers, Authorities, Privileges and Emoluments thereof, notwithstanding such Declaration of the Resumption of the Royal Authority by His Majesty, unless and until His Majesty shall declare his Royal Will and Pleasure to the contrary; and all Orders, Acts of Government or Administration of His Majesty's Royal Authority, made, issued or done by the said Regent, before such Declaration, shall be and remain in full Force and Effect, until the  same shall be countermanded by His Majesty.

V. Provided also, and be it further enacted, That no Acts of Regal Power, Prerogative, Government or Administration of Government, of what Kind or Nature soever, which might lawfully be done or executed by the King's Most Excellent Majesty, personally exercising his Royal Authority, shall, during the Continuance of the Regency by this Act established, be valid and effectual, unless done and executed in the Name and on Behalf of His Majesty, by the Authority of the said Regent, according to the Provisions of this Act, and subject to the Limitations, Exceptions, Regulations and Restrictions hereinafter contained.

VI. And be it further enacted, That the said Regent, before he shal lact or enter upon his said Office of Regent, shal ltake the following Oaths:

"I DO sincerely promise and swear, That I wil lbe faithful and bear true Allegiance to His Majesty King George.  So help me GOD."
"I DO solemnly promise and swear, That I will truly and faithfully execute the Office of Regent of the United Kingdom of Great Britain and Ireland, according to an Act of Parliament made in the Fifty first Year of the Reign of His Majesty King George the Third, intituled, An Act [here insert the Titel of this Act]; and that I will administer, according to Law, the Power and AUthority vested in my by virtue of the said Act; and that I will in all Things, to the utmost of My Power and Ability, consult and maintain the Safety Honour and Dignity of His Majesty, and the Welfare of His People.   So help me GOD."
"I DO faithfully promise and swear, That I will inviolably maintain and preserve the Settlement of the true Protestant Religion with the Government, Discipline, Rights, and Privileges of the Church of Scotland, as established by Law made there in Prosecution of the Claim of Right, and particularly by an Act, intituled, An Act for securing the Protestant Religion, and Presbyterian Church Government, and by the Acts passed in the Parliament of both Kingdoms, for Union of the Two Kingdoms.  So help me GOD."
Which Oaths shall be taken before His Majesty's most Honourable Privy Council; who are hereby required and empowered to administer the same, and to enter the same in the Books of the said Privy Council.

VII.  And be it further enacted, That the said  Regent shall, at the Time of his taking such Oaths as aforesaid, and before the Members of the Privy Council administering the same, make, subscribe, and audibly repeat the Declaration mentioned  in an Act made in the Thirtieth Year of King Charles the Second, intituled, An Act for the more effectual preserving the King's Person and Government, by disabling Papists from  Sitting in either House of Parliament, and shall  produce a Certificate of his having received the Sacrament of the Lord's Supper in any of the Royal Chapels, signed by the persons administering the same, which Certificate shall be sufficient Evidence of the said Regent's having received the Sacrament; and such Declaration and Certificate shall respectively be registered in the Books of the privy Council.

VIII. Provided always, and be it enacted, That until after the First Day of February One thousand eight hundred and twelve, if Parliament shall be then assembled, and shall have been sitting for Six Weeks immediately previous to the said First day of February One thousand eight hundred and twelve, or if Parliament shall be then assembled, but shall not have been so sitting for Six Weeks, then until the Expiration of Six Weeks after parliament shall have been so assembled and been sitting; or if Parliament shall not then be assembled, then until the Expiration of Six Weeks after Parliament shall have been assembled and sitting, next after the said First Day of February One thousand eight hundred and twelve, the Regent shall not have or exercise any Power or Authority to grant, in the Name and on the Behalf of His Majesty, any Rank, Title or Dignity of the Peerage, by Letters Patent, Writ of Summons or any other manner whatever, or to summon any Person to the House of Lords by any Title to which such Person shall be the Heir Apparent, or to determine the Abeyance of any Rank, Title or Dignity of Peerage, which now is or hereafter shall be in Abeyance, in favour of any of the Coheirs thereof by Writ of Summons, or otherwise.

IX. Provided also, and be it further enacted, That the said Regent shall not, until after the said First Day of February One thousand eight hundred and twelve, or the Expiration of such Six .Weeks as aforesaid, have Power or Authority to grant, in the Name or on the Behalf of His Majesty, any Office or Employment whatever, in Reversion, or to grant for any longer Term than during His Majesty's Pleasure, any Office, Employment, Salary or Pension whatever, except such Offices and Employments in Possession for the Term of the natural Life, or during the good Behaviour of the Grantee or Grantees thereof respectively, as by Law must be so granted : Provided always, that nothing herein contained, shall in any manner affect or extend to prevent or restrain the granting of any Pensions under the Provisions of an Act passed in the Thirty ninth Year of the Reign x of His present Majesty, intituled, An Act for the Augmentation of the Salaries of the Judges of the Courts in Westminster Hall, and also of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer in Scotland ; and for enabling His Majesty to grant Annuities to Persons in certain Offices in the said Courts of Westminster Hall, on their Resignation of their respective Offices ; and of another Act passed in the Forty eighth Year of His present Majesty, intituled, An Act for enabling His Majesty to grant Annuities to the judges of the Courts of Session, Justiciary and Exchequer in Scotland, upon the Resignation of their Offices ; and of another Act passed in Ireland, in the Fortieth Year of the Reign of His present Majesty, intituled, At Act to enable His Majesty to grant Annuities to the Lord High Chancellor, and to the Judges of the Court of King's Bench, Master of the Rolls, Judges of the Courts cf Common Pleas and Exchequer, Judge or Commissary of the Court of Prerogative, the Judge of the Court of Admiralty, the Chairman of the Quarter Sessions of the County of Dub-Jin, and Assistant Barristers of the several other Counties, on the Resignation of their respective Offices : and to amend an Act passed in the Thirty sixth Year cf His present Majesty, intituled, An Act for encreasing the Salaries of the Chief and other Judges of the Courts of King's Bench and Common Pleas, and of the Chief Baron and other Baron of the Court of Exchequer in this Kingdom; or to prevent or restrain the granting of any Pensions out of the Revenues of the British Territories in the East Indies, under the Provisions of any Act or Acts of Parliament now in force, to such Persons as may have held the Office of Chief Justice or other Judge in the Supreme Courts of Judicature at Fort William in Bengal and at Madras, and the Office of Recorder of Bombay.

X. Provided also, and be it further enacted, That nothing in this Ad contained, shall in any manner affect or extend to prevent or re-flrain the granting of any" Pensions under the Provisions of an Act passed in the Forty first Year of the Reign of His present Majesty, intituled, An Act for the better Regulation of His Majesty, Prize Courts in the West Indies and America, and for giving a more speedy and effectual Execution to the Decrees of the Lords Commissioners of 'Appeals, and or another Act passed in the Forty third Year of His present Majesty, intituled, An Act for the Encouragement of Seamen, and for the better and more effectual manning His Majesty's Navy ; for regulating the Payment of Prize Money, and for making Provision for the Salaries of the Judges of the Vice Admiralty Courts in the Island of Malta, and in the Bermudas and Bahama Islands ; and also of another Act passed in the Forty fifth Year of His present Majesty, intituled,An Act for the Encouragement of Seamen, and for the better and more effectually manning of His Majesty's Navy.

XI. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to empower the said Regent, in the Name and on the Behalf of His Majesty, to give the Royal Assent to any Bill or Bills in Parliament, for repealing, changing, or in any respect varying the Order and Course of Succession to the Crown of this Realm, as the same stands now established by an Act passed in the Twelfth Year of the Reign of King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject ; or to any Act for repealing or altering the Act made in the Thirteenth Year of the Reign of King Charles the Second, intituled, An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of making, ordaining and consecrating Bishops, Priests and Deacons in the Church of England ; or the Act of the Fifth Year of the Reign of Queen Anne, made in Scotland, intituled, An Act for furthering the Protestant Religion and Presbyterian Church Government.

XII. Provided also, and be it enacted, That if His said Royal Highness George Augustus Frederick Prince of Wales shall not continue to be resident in the United Kingdom of Great Britain and Ireland, or shall at any time marry a Papist, then and in either of such cases, all the Powers and Authorities vested in His said Royal Highness by this Act, shall cease and determine.

XIII. And whereas it is expedient that the Care of His Majesty's Royal Person should be committed to the Queen's Most Excellent Majesty, together with the sole Direction of such Portion of His Majesty's Household as shall be deemed requisite and suitable for the due Attendance on His Majesty's Sacred Person, and the Maintenance of his Royal Dignity ; Be it therefore enacted, That the Care of His Majesty's Royal Person, and the disposing, ordering and managing of all Matters and Things relating thereto, shall be, and the same are hereby vested in the Queen's Most Excellent Majesty, during the Continuance of His Majesty's Indisposition ; and that the sole Direction of His Majesty's Household, except the Lord Chamberlain of His Majesty's Household, the Captain of the Yeomen of His Majesty's Guard, and the Captain of the Honourable Band of Gentlemen Pensioners shall be and is hereby vested in Her Majesty ; and Her said Majesty shall have the full and sole Power and Authority, by any Instrument or Instruments in Writing feigned and foaled by Her Majesty, to nominate and appoint, in case of any Vacancies arising by Resignation or Death, all the Officers and Persons belonging to His Majesty's Household, in the respective Departments thereof, whose Appointment, Nomination or Removal have heretofore been made by His Majesty ; except the Lord Chamberlain of His Majesty's Household, and the Gentlemen and Grooms of His Majesty's Bed-chamber, His Majesty's Equerries, the Captain of the Yeomen of His Majesty's Guard, and the Captain of the Honourable Band of Gentlemen Pensioners; and the Nomination and Appointment by Her Majesty, in Manner and Form aforesaid, shall be valid and effectual to all Intents and Purposes as if the same had been made or done by His Majesty in the accustomed manner ; and the several Persons so appointed shall be entitled to the like Precedence, Privileges, Salaries, Wages, Profits and all other Emoluments, as the several Persons now holding and enjoying the same Offices are respectively en. titled to : Provided always, that the Power and Authority given by this Act to Her Majesty, to nominate and appoint such Persons of His Majesty's Household as are not hereinbefore excepted, shall continue in force until the said first Day of February, or the Expiration of such Six Weeks as aforesaid, and no longer : Provided also, that Her said Majesty shall not have any Power or Authority to remove any Officer in any Department of His Majesty's Household, by this Act made subject to the Nomination or Appointment of Her Majesty, who shall have been nominated and appointed by His Majesty : Provided also, That until the Expiration of such Period as aforesaid, no Appointment shall be made to the Office of Lord Chamberlain of His Majesty's Household, now vacant, but that all the Duties of the said Office shall be performed by the Vice Chamberlain ; and that during such Period as aforesaid, no Person holding the Office of Gentleman or Groom of His Majesty's Bedchamber, or being One of His Majesty's Equerries, shall be subject to be removed ; and no Vacancy which shall arise by Death or Resignation of any of the Grooms or Gentlemen of His Majesty's Bedchamber, or of His Majesty's Equerries, shall be supplied or filled up, or any Appointment or Nomination made to supply any such Vacancy.

XIV. Provided always, and be it further enabled, That it shall not be lawful for any Officer in His Majesty's Household who is by this Act put under the Direction of Her Majesty, to make any Appointment to any Office to which such Officer may have the Power of Appointment for any longer Period than during His Majesty's Pleasure.

XV. And whereas the Execution of the weighty and arduous Trusts by this Act committed to the Queen's Molt Excellent Majesty, may require the Assistance of a Council, with whom Her Majesty may consult and advise ;' Be it therefore enacted, That in order to assist and advise Her said Most Excellent Majesty in the several Matters aforesaid, there shall be, during the Continuance of His Majesty's Illness, a Council, consisting of Charles Lord Archbishop of Canterbury, Edward Lord Archbishop of York, James Duke of Montrose, George Earl of Winchelsea and Nottingham, Heneage Earl of Aylesford, John Lord Eldon, Edward Lord Ellenborough, and the Right Honourable Sir William Grant; which Council shall from time to time meet as Her Majesty shall be pleased to direct, and shall also have Power to meet in manner by this Art directed ; and if it should happen that any of them the said Charles Lord Archbishop of Canterbury, Edward Lord Archbishop of York, James Duke of Montrose, George Earl of Winchelsea and Nottingham, Heneage Earl of Aylesford, John Lord Eldon, Edward Lord Ellenborough, or the Right Honourable Sir William Grant, should depart, this Life, or by Instrument in Writing communicated to He Majesty, signify their Intention to decline to aft, then and in such Case it shall be lawful for the Queen's Most Excellent Majesty, from time to time, by an Instrument in Writing signed and sealed by Her Majesty, revocable at her Will and Pleasure, to nominate and appoint some one Person, being or having been a Member of His Majesty's Most Honourable Privy Council, to be a Member of the said Council, to advise and assist Her Majesty as aforesaid, in the Room and Place of each and every of the said Councillors so departing this Life, or declining to aft as aforesaid ; which Nomination and Appointment shall be forthwith certified by an Instrument in Writing, signed and sealed by Her Majesty, to the Lords of His Majesty's Most Honourable Privy Council, and shall be entered in the Books of the said Privy-Council.

XVI. And be it further enacted, That each and every Member Majesty's Council shall, within the Space of Five Days after his Appointment by virtue of this Act, or by virtue of Her Majesty's and Appointment in manner aforesaid, take an Oath before the Lord High Chancellor or Keeper of the Great Seal, or Commissioners for keeping the Great Seal of Great Britain, or the Lord President of His Majesty's Privy Council, or the Chief Justice of the Court of King's Bench, for the time being respectively, or either of them, who are hereby severally and respectively required and empowered to administer the same, when required so to do by any Person so appointed a Member of Her Majesty's Council as aforesaid ; and the Person administering such Oath, shall give to the Member of Her Majesty's Council taking the same, a Certificate of the same having been so taken, signed with his Hand ; which Certificate shall be forthwith transmitted to His Majesty's Privy Council, andentered in the Books of the said Privy Council ; and such Oath shall be in the Form following; that is to say,

"I A. B. do solemnly promise and swear That I will truly and faithfully counsel and advise the Queen's Most Excellent Majesty, according to the best of my Judgment, in all Matter s and Things relating to the Trusts committed to her Majesty, touching the Care of His Majesty's Royal Person, and the Resumption of the Personal Exercise of the Royal Authority by His Majesty."

XVII. And be it further enacted, That Her Majesty's Council, any Three or more of them, shall have Power and Authority at all times, when they shall judge it them and examine upon Oath, the Physicians and all other Persons attendant on His Majesty, during the Continuance of his Illness, touching the State of His Majesty's Health; and all Matters relating thereto (which Oath any Member of the said Council is hereby authorized and empowered to administer) ; and to ascertain the State of His Majesty's Health by all such other ways and means as shall appear to them to be necessary for that Purpose.

XVIII. And be it further enacted, That Three or more of the Members of the Council appointed to Flint Her Majesty in the Execution of the Tiuits committed to Her Majeily by this Act, /hull, in caie such Trulls shall then be in force, meet on some Day in the first Week in April One thousand eight hundred and eleven, and some Day in the first Week of every Third Month thereafter; and shall, whilst the said Trusts shall continue in force at every such Meeting, declare the State of His Majesty's Health at the time of each of such Meetings respectively, and shall forthwith transmit a Copy of such Declaration to the President of His Majesty's Most Honourable Privy Council, or in his Absence to one of His Majesty's Principal Secretaries of State, who shall thereupon cause the same to be inserted in the Books of the Privy Council.

XIX. And whereas it is necessary that effectual Provision should be made that His Majesty may resume the Personal Exercise of his Royal Authority, as soon as His Majesty is restored to such a State of Health as to be capable of resuming the same ; Be it therefore enacted, That when it shall appear to Her Majesty the Queen, and to any Four or more of the Council, appointed by this Act to assist Her Majesty in the Execution of the Trust committed to Her Majesty by this Act, assembled at any Meeting held in pursuance of Her Majesty's Royal Will and Pleasure signified for that Purpose, or assembled under the Direction of this Act, or in pursuance of His Majesty's Royal Will and Pleasure signified to Her Majesty and her Council for that Purpose; which Council of Her Majesty is hereby required to assemble in the Presence of Her Majesty, upon His Majesty's Royal Will and Pleasure being signified for that Purpose, that His Majesty is restored to such a State of Health as to be capable of resuming the Personal Exercise of the Royal Authority, it shall and may be lawful for Her said Majesty, by the Advice of any Four or more of her said Council, to notify the same, by an Instrument under Her Majesty's Hand, and signed also by the said Four or more of Her Majesty's said Council, and addressed to the Lord President of His Majesty's Mostl Honourable Privy Council for the time being, or in his Absence to One of His Majesty's Principal Secretaries of State ; and the said Lord President or Secretary of State shall and is hereby required, on the Receipt thereof, to communicate the same to the said Regent, and to summon forthwith a Privy Council, and the Members of His Majesty's Most Honourable Privy Council are hereby required to assemble in consequence of such Summons; and the said Lord President, or in his Absence the said Secretary of State is required, in the Presence of any Six or more Privy Councillors so assembled, to cause the said Instrument to be entered on the Books of the said Privy Council.

XX. And be it further enacted, That if at any time after the said Instrument under the Hand of Her Majesty, and of four or more of her said Council, shall have been received and entered as aforesaid, His Majesty shall think proper, by an Instrument under his Sign Manual, to require the Lord President of His Majesty's Most Honourable Privy Council for the time being, or, in his Absence, of His Majesty's Principal Secretaries of State, to summon a Council in His Majesty's Presence, confiding of any Number of Persons not less than nine, whom His Majesty shall name, and who shall be or shall have been Members of His Majesty's Most Honourable Council, not being Members of Her Majesty's Council, the said Lord President or Secretary of State shall and he is hereby required to summon such Persons accordingly ; and as well the said Lord President or Secretary of State, as the other Persons so summoned, shall and they are hereby required to attend at the Time and Place appointed by His Majesty ; and such Persons so assembled shall be and be deemed to be a Privy Council for the Purpose hereinafter mentioned.

XXI. And be it further enacted, That if His Majesty, by the Advice of Six or more of such Privy Council so assembled, shall signify his Royal Pleasure to resume the Personal Exercise of his Royal Authority, and to issue a Proclamation declaring the same, such Proclamation shall be issued accordingly, countersigned by the said Six or more of the said Privy Council, and all the Powers and Authorities given by this Act shall from thenceforth cease and determine, and the Personal Exercise of the, Royal Authority by His Majesty shall be and be deemed to be resumed by His Majesty, and shall be exercised by His Majesty, to all intents and purposes this Act had never been made.

XXII. And be it further enacted, That if His Royal Highness George Augustus Frederick Prince of Wales shall depart this Life during the Continuance of the Regency by this Act established, or cease to be Regent under any of the Provisions thereof, the Lords of His Majesty's Mo ft Honourable Privy Council shall forthwith cause a Proclamation to be issued, in His Majesty's Name, under the Great Seal of the United Kingdom of Great Britain and Ireland, declaring the same : And if Her Majesty the Queen shall depart this Life during the time that the Care of His Majesty's Royal Person shall be committed to Her Majesty according to the Provisions of this Act:, the Regent shall forthwith order and direct a Proclamation, under the Great Seal of the United Kingdom of Great Britain and Ireland, to be issued and published, declaring the same : And in case the Parliament in being at the time of the issuing of any Proclamation declaring the Death of the Regent or of Her Majesty, or at the time of the issuing of any Proclamation for the Resumption of the Personal Exercise of the Royal Authority by His Majesty, shall then be separated, by any Adjournment or Prorogation, such Parliament shall forthwith meet and sit.

XXIII. Provided always, and be it further enacted, That in case any such Proclamation as aforesaid shall issue in any or either of such cases as aforesaid, at any time subsequent to the Dissolution or Expiration of a Parliament, and before the Day appointed by any Writs of Summons then issued for assembling a new Parliament, then and in such case the last preceding Parliament shall immediately convene and sit at Westminster, and be a Parliament to continue during the Space of Six Months and no longer, to all intents and purposes, as if the same Parliament had not been dissolved or expired, but subject to be sooner prorogued or dissolved: Provided also, that if any such Proclamation as aforesaid shall issue in any or either of such talcs as aforesaid, upon or at any time after the Day appointed by any Writ of Summons then issued for calling and assembling a new Parliament, and before such new Parliament shall have met and fat as Parliament, such new Parliament shall immediately after such Proclamation convene and sit at Westminster, and be and be deemed to be a Parliament in being, to all intents and purposes, under the Provisions of this Act.

XXIV.   And be it also enacted, That in case of the Death of Her Majesty the Queen, the Care of His Majesty's Royal Person, and all and every the Powers and Authorities in and by this Act vested in Her Majesty, touching the Care of His Majesty's Royal Person, and the disposing, ordering and managing all matters and things relating thereto, shall be and the same arc hereby veiled in Her Majesty's Council, until due Provision shall have been made in relation thereto by Parliament : Provided nevertheless., That in such case nothing in this Act contained shall extend or be confirmed to extend, to empower the Regent, or the laid Council, to nominate, appoint or remove any of the Officers or Persons of His Majesty's Household, by this Act made subject to the Nomination, Appointment or Removal of Her Majesty, until due Provision shall have been made by Parliament in that behalf.

XXV.  And be it further enacted, That if any Person, being a Member of the House of Commons, shall accept of any Office of Profit from the Crown, by the Nomination and Appointment of the Regent in the Name and on behalf of His Majesty, or of Her Majesty the Queen, during the Continuance of the Regency hereby established, the Election of such Member shall be and is hereby declared to be void, and a new Writ shall issue for a new Election, in such and the like manner as if such Person had been appointed to such Office by His Majesty.

XXVI. And be it further enacted, That the several Letters Patent, Letters of Privy Seal, and all other lawful Authorities, of what Nature or Kind soever, which have been granted or issued by His Majesty, by virtue whereof any Payments of any Sum or Sums of Money are directed to be paid out of the Monies applicable to the Use of His Majesty's Civil Government, for the Use of the Queen's Moll Excellent Majesty, or for the Use of any of the Branches of His Majesty's Royal Family, shall continue to be, and the same are hereby enacted to continue and be of full force and effect respectively, during the Continuance of the Regency by this Act established ; and that Warrants shall be issued by the Lord High Treasurer, or Lords Commissioners of the Treasury, for the Payment of the several Sums therein respectively contained ; which Warrants the said Lord High Treasurer, or Lords Commissioners of the Treasury, are hereby respectively required to issue at the usual and accustomed Times, and in the usual and accustomed Manner.

XXVII.  And be it further enacted, That the Lord High Treasurer or Lords Commissioners of His Majesty's Treasury for the time being, shall direct, and they are hereby required annually to direct the Sum of Sixty thousand Pounds to be issued out of the Monies of the Civil Lift Revenues to the Keeper of His Majesty's Privy Purse for the time being, in like manner, and at such Times and in such Proportions as has heretofore been usual and accustomed in respect to the Issue of the Sum of Sixty thousand Pounds as aforesaid ; and that the laid Keeper of His Majesty's Privy Purse shall, and he is hereby authorized and directed, during the Continuance of His Majesty's Indisposition, out of the Monies so issued to him, to make such Payments, and issue and apply such Sums, not exceeding the Sum of fifteen thousand four hundred and sixty one Pounds in the Whole in the Year, to such Persons, in such Proportions, and at such Times, for such Purposes, and on such Accounts and in such manner as he hath heretofore usually paid, issued and applied the same by the Authority and Direction of His Majesty ; and the laid Keeper of His Majesty's Privy Purse shall, and he is hereby authorized and directed to issue and pay to such Person as Her Majesty may think proper to appoint for this Purpose, out of such Sixty thousand Founds as aforesaid, such Sums of Money, not exceeding Four thousand two hundred and fifteen Pounds in each Quarter of the Year in the Whole, the First Payment whereof shall be made for the current Quarter as soon as may be after the passing of this Act, as Her Majesty shall, by any Order or Orders in Writing made for that purpose, direct, to be by such Person so to be appointed as aforesaid, paid and applied in such Sums and Proportions, and to such Persons and for such Purposes, and upon such Accounts, and in such Manner, as the same have been heretofore accustomed to be paid and applied, under the immediate Direction and Authority of His Majesty ; and such Person, so appointed as aforesaid, shall, before any such Money shall be issued to him after the passing of this Act, take an Oath before some one of Her Majesty's Council (which Oath each of Her Majesty's said Council is hereby authorized to administer), that he will faithfully apply and will justly account to Her Majesty for the faithful Application of such Sums of Money so issued to him as aforesaid ; and such Person, so appointed as aforesaid, shall, from time to time, within One Month after the Receipt of every such Sum as aforesaid render to Her Majesty a just and true Account of the Application thereof: Provided also, that the Remainder of the aforesaid Sum of Sixty thousand Pounds shall be invested by the said Keeper of His Majesty's Privy Purse in some of the Public Funds or Government Securities, in the Name of the Keeper of His Majesty's Privy Purse for the time being, in Trust for His Majesty; and that the net Surplus of the Revenues of the Duchy and County Palatine of Lancaster shall be from time to time paid under the Order of the Chancellor and Council of the said Duchy, into the Hands of the Keeper of His Majesty's Privy Purse, whose Receipt shall be a sufficient Discharge for the same, and shall by him be invested in some of the Public Funds or Government Securities, in Manner aforesaid ; and that the Governor and Company of the Bank of England shall place the said several Sums on an Account to he raised in the Books of the said Governor and Company, intituled, " The account of the Keeper of His Majesty's Privy Purse;" and that upon the Death or Resignation of the present and every other Keeper of His Majesty's Privy Purse hereafter to be appointed, all and every the said Stock or Stocks and Sum or Sums of Money arising from the Dividends which shall accrue thereon, shall immediately vest in the Successor of the present or any future Keeper of His Majesty's Privy Purse respectively, and the Keeper of His Majesty's Privy Purse for the time being is hereby required to layout and invest the Dividends so accruing as aforesaid, from time to time, in the Purchase of other Stocks and Securities on the like Account, and that the Keeper of His Majesty's Privy Purse for the time being, shall from time to time execute Declarations of Trust of all such Funds and Securities, declaring that the same are held in Trust for His Majesty, by Instruments to be executed under his Hand and Seal, to be deposited with Her Majesty.

XXVIII. Provided always, and be it enacted, That the said Keeper of His Majesty's Privy Purse, and such Person so to be appointed as last aforesaid by Her Majesty, shall, on or before the First Day of January One thousand eight hundred and twelve, and on or before the First Day of January in every succeeding Year during the Continuance of this Act, respectively take an Oath before the Barons of the Court of Exchequer, or one of them, in the Form following :

" I A.B do swear, That according to the best of my Knowledge, Belief or Information, no Part of the Money which has been issued to me for the Service of His Majesty's Privy Purse, by virtue of an Act, intituled, An Act [here insert the Title of this Act],  between the First Day of January    and the First Day of  January     has been applied directly or indirectly for  the Benefit, Use or Behoof of any Member of the House of Commons, or, so far as I am concerned,  applicable, directly or indirectly, to the Purpose of supporting or procuring an Interest,  in any Place returning Members to Parliament. So help me GOD."

XXIX. And whereas an Act patted in the Thirty ninth and Fortieth Years of the Reign of His present Majesty, intituled, An Act concerning the Disposition of certain Real and Personal Property  of His Majesty, his Heirs and Successors, and also the Real and Personal Properly of Her Majesty, and of the Queen Consort for ' the Time being : And whereas it is necessary that Provision should be made for the Care of the Real and Personal Estate and Property of His Majesty, during his Indisposition, and for the Preservation ' thereof for the Use and future Disposal of His Majesty ; Be it therefore enacted, That all Persons having the Care or Management of His Majesty's Real or Personal Estate or Property, or any Part thereof, now vested in any Trustees for the Use of His Majesty, shall be and are hereby made and declared to be subject to the Controul, Order, Direction, Appointment and Removal of the several and respective Trustees of the Real and Personal Estate and Property of which they are respectively in the Care and Management ; and shall from time to time, and whenever required so to do account to the respective Trustees of the several and respective Parts of the Real and Personal Estate and Property of which they so have the Care and Management, for all the Rents, Issues, Profits, Dividends, Interest and Sums of Money arising or accruing therefrom respectively ; and shall apply, pay over, lay out, invest or otherwise difpofe of the same, for the Use of His Majesty, in such manner as shall be from time to time ordered and directed by such Trustees respectively, and as to such Trustees shall appear molt adviseable and beneficial for the Care and Improvement of such Real and Personal Estate and Property, and the Preservation thereof, for His Majesty's Use and future Disposal ; and all the Real and Personal Estate and Property of His Majesty, in relation to which no Disposition shall have been made by His Majesty before his Illness, and which shall not now be invested ill any Trustee or Trustees for His Majesty's Use, shall immediately from and after the passing of this Act vest in the Queen's Most Excellent Majesty, His Royal Highness the Regent, and the Keeper of His Majesty's Privy Purse for the time being, as Trustees thereof for the Use of His Majesty, and for the Protection and Care thereof during His Majesty's illness, and the Preservation thereof for His Majesty's Use and future Disposal; and Her said Majesty, and His said Royal Highness the Regent, and the Keeper, of His Majesty's Privy Purse, may appoint a Secretary and such other Persons as may appear to them to be necessary for the Management of and keeping the Accounts of the said Trust, with such Salaries, to be paid out of the Proceeds of the Trull Properly, as may appear to the said Trustees to be proper ; and all Persons in the Care and Management of any Real or Personal Estate or Property, so vested in such Trustees as last aforesaid, under this Act, shall in like manner as aforesaid be subject to the Order, Controul, Direction, Appointment or Removal of such Trustees as last aforesaid, and shall account to such Trustees in like manner as is hereinbefore directed, in relation to such Real and Personal Estate and Property as was vested in Trustees before the puffing of this Act ; and shall in like manner as aforesaid apply, pay over, lay out, invest or otherwise dispose of the Rents, Issues, profits, Dividends, Interests and Sums of Money arising or accruing therefrom respectively, according to the Order and Direction of such Trustees as aforesaid : Provided always, that all Dividends arising from any Public Fund; or Securities shall be from time to time invested and laid out in the Purchase of other like Funds or Public Securities, unless any other Order or Direction shall be given by the Trustees thereof respectively ; and all Trustees in whom any Real or Personal Estate or Property was vested, before the passing of this Act, or in whom the same is vested by the Provisions of this Act, shall hold ail such Estates and Property for the Use and Benefit of His Majesty, and preserve the Produce thereof, and of all Rents, Issues, Profits, Dividends, Interest and Sums of Money arising and accruing therefrom, for His Majesty's Use and Benefit, and for the future Disposal of His Majesty, in case no Disposition shall have been made thereof by His Majesty before hie illness; and all such Real and Personal Estate and Property, and Rents, Issues, Profits, Produce, Dividends, Interest and Sums of Money aforesaid, arising and accruing therefrom, whereof no Disposition shall have been made by His Majesty before his illness, shall, if no Disposition thereof shall hereafter be made by His Majesty, go and be disposed of according to Law : Provided always, that nothing in this Act contained shall be construed to invalidate or in any manner to affect any Disposition which shall have been made, or which shall hereafter be made, by His Majesty, by Deed, Will or otherwise, of any such Property or Proceeds thereof as aforesaid, either before or after His Majesty's Illness, which would have been or would be a good and valid Disposition of such Property, if this Act had not passed.

XXX. And whereas His Majesty hath been accustomed from time to time, by the Advice and on the Recommendation of the Commissioners of the Treasury, to make Grants out of the Droits of the Crown and of the Admiralty to Persons concerned or Interested in the Capture of any Vessels and Cargoes, or other Property, condemned to or becoming vested in His Majesty, as Droits of the Crown or of the Admiralty, or to Persons praying for Relief as of His Majesty's Bounty in any cases of Damage or Injury sustained by them on account of or in any manner connected with any Capture or Prize, or occasioned by any Engagement with Ships of the Enemy ;  Be it therefore enacted, That the said Regent shall have full Power and Authority, by the Advice and on the Recommendation of the Commissioners of the Treasury for the time being, or any Three or more of them, out of the Droits of the Crown or the Droits of the Admiralty, or any Part or Parts thereof, from time to time to make any such Grants to Persons concerned or interested in the Capture of any Vessels or Cargoes, or other Property, which have been or may hereafter be condemned to or become vested in His Majesty as Droits of his Crown, or of the Admiralty, or to any Person or Persons praying for Relief in any Cases of Damage or Injury sustained by or on account of any Matter or Thing arising out of or in any manner connected with Capture or Prize, or occasioned by any Engagement with Ships or Vessels of the Enemy, in such manner as His Majesty hath heretofore by the Advice of the said Commissioners been accustomed to make any Grants of the same.


REGENCY ACT 1831

(1 Will 4 c 2)

An Act to provide for the Administration of the Government in case the Crown should descend to Her Royal Highness the Princess Alexandrina Victoria, Daughter of His late Royal Highness the Duke of Kent, being under the Age of  Eighteen Years and for the Care and Guardianship of Her Person.  [23d December 1830.]

Section 2 repealed 1 & 2 Vict c 24 [11th June 1838].

Most Gracious Sovereign,
"WHEREAS Your Majesty, impelled by the deep Solicitude which Your Majesty feels for the Welfare of Your People. was graciously pleased to recommend from the Throne to both Houses of Parliament that they should take into their immediate Consideration the Provisions which it might be advisable to make for the Exercise of the Royal Authority in case it should please Almighty God to terminate Your Majesty's Life (for the long Continuance of which we offer up our most fervent Prayers to Heaven) before Your Majesty's Successor should have arrived at Years of Maturity and that Your Majesty would be prepared to concur with Your Two Houses of Parliament in the Adoption of those Measures which might appear best calculated to maintain unimpaired the Stability and Dignity of Your Crown, and thereby to strengthen the Securities by which the Civil and Religious Liberties of Your Majesty's People are guarded : And whereas in return for this paternal Goodness, with the most cordial Sense of Duty and Gratitude to Your Majesty for the tender Concern and Regard so uniformly and now more especially demonstrated for the Happiness of Your People, and for the Security of their Civil and Religious Liberties, we have taken this important Business into our Consideration, and, being thoroughly convinced of the Wisdom and Expediency of what Your Majesty has thought fit to recommend, are firmly and zealously determined to contribute every thing in our Power upon this Occasion to maintain unimpaired the Stability, and Dignity of Your Majesty's Crown, and to confirm the Securities which guard our Civil and Religious Liberties:"

We therefore, Your  Majesty's  most dutiful and loyal Subject, the Lords Spiritual and Temporal, and Commons, in Parliament assembled do most humbly beseech Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if at the Demise of His present Majesty (whom God long preserve) there shall be no Issue of His said Majesty then living born of Her present Majesty and Her Royal Highness the Princess Alexandrina Victoria shall be then living, and under the Age of Eighteen Years, Her Royal Highness Victoria Maria Louisa Duchess of Kent  shall be the Guardian, and have the Care, Tuition, and Education of the Person of Her said Royal Highness the Princess Alexandrina Victoria, until Her said Royal Highness the Princess Alexandrina Victoria shall attain the Age of Eighteen Years, and shall, till such Age, have the Disposition, Ordering, and Management of all Matters and Things relating thereto ; and Her said Royal Highness the Duchess of Kent shall, during such Minority, but no longer, have full Power and Authority, in the Name of Her said Royal Highness the Princess Alexandrina Victoria and in Her Stead, and under the Style and Title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of this Realm, and all the Dominions, Countries, and Territories to the Crown of the said United Kingdom belonging, and shall use, execute, and perform all Prerogatives, Authorities, and Acts of Government which belong to the King or Queen of this Realm to use, execute, or perform, according to the Laws thereof, but in such Manner, and subject to such Conditions, Restrictions, Limitations, and Regulations, as are hereinafter for that Purpose specified, mentioned, and contained: Provided always, that if, after the Demise of His said Majesty, a Child of His said Majesty should be born of Her said Majesty, all the Power and Authority by, this Act given and granted to Her said Royal Highness the Duchess of Kent shall, upon the Birth of such Child, cease and determine.

II. And be it further enacted, That if at the Demise of His said Majesty, leaving Her said Majesty Him surviving, there shall not be any Child of' His said Majesty then living born of Her said Majesty and Her Royal Highness the Princess Alexandrina Victoria shall be then living, the Privy Council shall forthwith cause Her said Royal Highness the Princess Alexandrina Victoria to be openly and solemnly proclaimed as Sovereign of this Realm, in such Manner and Form as the preceding Kings and Queens respectively have been usually proclaimed after the Demise of their respective Predecessors, but subject to and saving the Rights of any Issue of His said Majesty which may afterwards be born of Her said Majesty; and in every Case in which by Law an Oath or Declaration or Assurance of Allegiance to the Sovereign, or asserting the Title of the Sovereign, is required to be taken, made, or subscribed, there shall be added to such Oath Declaration, and Assurance the Words following:—"Saving the Rights of any Issue of His late Majesty King William the Fourth which may be born of His late Majesty's Consort;" which Addition shall be continued until Parliament shall otherwise order.

III. And be it further enacted by the Authority aforesaid, That if at the Demise of His said Majesty there shall not be any  Child of His said Majesty then living born of Her said Majesty and Her said Majesty shall survive His said Majesty and a Child of His said Majesty shall after the Death of His said Majesty be born of Her said Majesty, in such Case Her said Majesty shall  be the Guardian, and have the Care, Tuition, and Education of  the Person of such Child  until such Child shall attain the Age of Eighteen Years, and shall, till such Age, have the Disposition, Ordering, and Management of all Matters and Things relating thereto; and Her said Majesty shall during such Minority and no longer, have full Power and Authority, in the Name of such Child, and in his or her Stead, and under the Style and Title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of' this Realm, and all the Dominions, Countries, and Territories to the Crown thereof belonging ; and shall use, execute, and perform all Prerogatives, Authorities, and Acts of Government and Administration of Government which belong to the King or Queen of this Realm to use, execute, and perform, according to the Laws thereof, but in such Manner, and subject to such Conditions, Restrictions, Limitations, and Regulations, as are hereinafter for that Purpose specified, mentioned, and contained.

IV. And be it further enacted by the Authority aforesaid, That the Privy Council shall, upon the Birth of such Child, without Delay, cause such Child. as the Successor entitled to the Crown of these Realms, to be openly and solemnly proclaimed, in such Manner and Form as the Kings and Queens have been usually proclaimed after the Demise of their respective Predecessors.

V. And be it further enacted by the Authority aforesaid, That upon the Birth of such Child the Two Houses of Parliament shall forthwith assemble, and all the Laws and Regulations now in force in regard to the Meeting, the Sitting, the Continuance, the Prorogation, and the Dissolution of Parliament, and to the Continuance of the Privy Council, and of Persons in their Offices, Places, and Employments, upon the Demise of the Crown and the Accession of the Successor, shall be deemed and taken to apply to the Succession of such Child, in the same Manner as if such Child had succeeded to the Crown upon the Demise of Her Royal Highness the Princess Alexandrina Victoria, and as Her Heir.

VI. And be it further enacted by the Authority aforesaid, That all Acts of Royal Power, Prerogative, Government, or Administration of Government, of what Nature or Kind soever, which shall be done or executed during the Regency established by this Act otherwise than by and with the Consent and Authority of the said Regent for the Time being, in the Manner and according to the Directions of this Act set forth and prescribed, shall be absolutely null and Void to all Intents and Purposes.

VII. And be it further enacted by the Authority aforesaid, That the Regent, before she shall act or enter upon her said Office of Regent, or within one Calendar Month after, shall take the following Oaths; (that is to say,)

"I A. B. do solemnly promise and swear, That I will truly and faithfully execute the Office of Regent of the United Kingdom of Great Britain and Ireland, according to an Act of Parliament made in the First Year of His Majesty King William the Fourth, intituled An Act to provide for the Administration Of the Government in case the Crown should descend to Her Royal Highness the Princess Alexandrina Victoria, Daughter of His late Royal Highness the Duke of Kent, being under the Age of Eighteen Years, and for the Care and Guardianship of Her Person; and that I will administer the Government of this Realm, and of all the Dominions thereunto belonging according to the Laws, Customs and Statutes thereof; and will in all Things to the utmost of My Power and Ability, consult and maintain the Safety, Honour, and Dignity of His or Her (as the Case shall require) Majesty, and the Welfare of His or Her (as the Case shall require) People.   So help me GOD."
"I DO faithfully promise and swear, That I will inviolably maintain and preserve the Settlement of the true Protestant Religion with the Government, Discipline, Rights, and Privileges of the Church of Scotland, as established by Law.  So help me GOD."
Which Oaths shall be taken before the Privy Council then in being, who are hereby required and empowered to administer the same, and to enter the same in the Council Books.

VIII.  And be it further enacted,   That the said  Regent shall, at the Time of Her taking such Oaths as aforesaid, and before the Members of the Privy Council administering the same, make, subscribe, and audibly repeat the Declaration mentioned  in an Act made in the Thirtieth Year of King Charles the Second, intituled An Act for the more effectual preserving the King's Person and Government, by disabling Papists from  Sitting in either House of Parliament, and shall  produce a Certificate of Her having received the Sacrament of the Lord's Supper in any of the Royal Chapels, signed by the persons administering the same, which Certificate shall be sufficient Evidence of the said Regent's having received the Sacrament; and such Declaration and Certificate shall respectively be registered in the Books of the privy Council.

IX. And be it further enacted by, the Authority aforesaid, That it shall not be lawful for the King or Queen of this Realm, for whom a Regent is hereby appointed, to intermarry before His or Her Age of Eighteen Years with any person whomsoever, without the Consent in Writing of the Regent, and every Marriage so had without such Consent shall be null and void to all Intents and Purposes; and every Person who shall be acting, aiding, abetting, or concerned in obtaining, procuring, or bringing about any such Marriage, and the Person who shall be so married to such King or Queen under the Age of Eighteen Years, shall be guilty of High Treason, and suffer and forfeit as in Cases of High Treason.

X. Provided always, and be it further enacted by the Authority aforesaid, That the Regent shall not give or have Power to give the Royal Assent to any Bill or Bills in Parliament for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown of this Realm as the same stands now established in the illustrious House of Hanover by the Act of the Twelfth Year of the Reign of King William the Third, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject ; or to any Act for repealing or altering the Act made in the Thirteenth Year of the Reign of King Charles the Second, intituled An Act for the of Public Prayers, and Administration of Sacraments, and other Rites, and Ceremonies ; and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England; or one Act of the Fifth Year of the Reign of Queen Anne, made in Scotland, intituled An Act for securing the Protestant Religion and Presbyterian Church Government.

XI. Provided always, and be it further enacted, That if either of the Persons by this Act nominated  to be Guardian and Regent as aforesaid shall at any Time marry a Person professing the Roman Catholic Religion, or if Her Royal Highness the Duchess of Kent shall during the Lifetime of His Majesty marry, without His said Majesty's Consent, any Person other than a natural-born Subject of this Realm, She shall be and become, from and immediately after such Marriage, absolutely incapable of holding or exercising such Office of Guardian and Regent; and that if either of such Persons shall, at any Time after becoming such Guardian and Regent, marry a Person professing the Roman Catholic Religion, or, without the Consent of the Two Houses of Parliament, marry any Person other than a natural-born Subject of this Realm, or shall cease to reside in or absent Herself from the United Kingdom of Great Britain and Ireland, then and in either of such Cases such Person shall no longer be Guardian and Regent, and all the Powers and Authorities which She may have derived under and by virtue of this Act shall thenceforth cease and determine.

XII. Provided always, That in case of the Death of Her present Majesty, and of the subsequent Marriage of His Majesty, this Act, and all the Powers, Provisions, and Enactments thereof, shall cease and be void.
 


Lord Justices Act 1837

(7 Will 4 & 1 Vict c 72)

An Act to provide for the Appointment of Lords Justices in the Case of the next Successor to the Crown being out of the Realm at the Time of the Demise of Her Majesty. [15th July 1837.]

Statutes at Large, 1837, pp. 304-308. Repealed, Regency Act 1937 c. 16,  s. 7

"Whereas it may happen that whensoever our Sovereign Lady the Queen (whom God long preserve) shall demise and depart this Life, the next Successor entitled to the Crown of these Realms may at such Time be out of the Realm of the United Kingdom of Great Britain and Ireland, in Parts beyond the Seas:"
Be it therefore enacted by the Queen's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

That for the continuing of the administration of the Government in the Name of such Successor until his or her Arrival in the United Kingdom of Great Britain and Ireland, the Officers herein-after named who shall be in the Possession of their Offices at the Time of such Demise of Her Majesty, that is to say, the Archbishop of Canterbury at that Time being, the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain at that Time being, the Lord High Treasurer at that Time being, the Lord Privy Seal at that Time being, the Lord High Admiral of the United Kingdom at that Time being, and the Lord Chief Justice of the Queen's Bench at that Time being, shall be and are by virtue of this Act constituted and appointed Lords Justices of the United Kingdom if Great Britain and Ireland, and are and shall be by virtue of this Act empowered, in the Name of such Successor and in his or her Stead, to use, exercise, and execute all Powers, Authorities, Matters, and Acts of Government and Administration of Government in as full and ample Manner as such next Successor could use, exercise, or execute the same if he or she were present in Person within this United Kingdom of Great Britain and Ireland, until such Successor shall arrive or otherwise determine their Authority.

II.  Nevertheless be it enacted, That such Person who is or shall be next entitled to succeed to the Crown of these Realms shall be and is hereby empowered, at any Time during Her Majesty's Life, by Three Instruments under his or her Hand and Seal, revocable or to be altered at his or her Will and Pleasure, to nominate and appoint such and so many Persons, being natural-born Subjects of this Realm of Great Britain and Ireland, as he or she shall think fit, to be added to the Officers before named to be Lords Justices as aforesaid, who shall be empowered by Authority of this Act to act with them as Lords Justices of the United Kingdom of Great Britain and Ireland, as fully and in the same Manner as if they had been herein particularly named; which said Lords Justices, or the major Part of them which shall assemble, so as such major Part be not fewer than Five, shall and may use, exercise, and execute all the Powers and Authorities before mentioned as fully and as effectually, to all Intents and Purposes, as if all of them had been assembled together and consenting.

III.  And be it enacted, That the said Three Instruments, revocable and to be altered as aforesaid, shall be transmitted into the United Kingdom of Great Britain and Ireland to the resident or accredited Minister of such next Successor, whose Credentials shall be enrolled in the High Court of Chancery, and to the Archbishop of Canterbury for the Time being, and the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain for the Time being, close sealed up, and, after they are so transmitted, shall be put into several Covers, which shall be severally sealed up with Three several Seals of such resident or accredited Minister, and of the Archbishop of Canterbury, and of the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain; and one of them after it is so sealed up shall be lodged and deposited in the Hands of such resident or accredited Minister, one other of them in the Hands of the said Archbishop of Canterbury, and one other of them in the Hands of the said Lord Chancellor or Lord Keeper; and that if the next Successor shall be minded to revoke or alter his or her Nomination or Appointment made as aforesaid, and shall by Three Writings of the same Tenor, under his or her Hand and Seal, require the said Instruments deposited as aforesaid to be delivered up to some Person or Persons thereby authorized to receive the same, then and in such Case the said Persons with whom the said Instruments shall be deposited, and every of them, and, in case of any of their Deaths, their Executors or Administrators respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall deliver up the said Instruments accordingly unopened, and they are. hereby respectively authorized and required so to do ; and if any of the said Persons with whom the said Instruments shall be so deposited shall happen to die, or be removed from their respective Offices or Employments during the Life of Her present Majesty, such Person and Persons, and, in case of any of their Deaths, their Executors or Administrators respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall, with all convenient Speed, deliver such of them as shall be in his or their Custody unopened to the Successor or Successors of the Person so dying or removed as aforesaid ; which said several Instruments so sealed up and deposited as aforesaid shall immediately after the Demise of Her Majesty be brought before the Privy Council unopened, where the same shall be forthwith opened and read, and afterwards enrolled in the High Court of Chancery.

IV. And be it enacted, That if all the said Instruments deposited as aforesaid shall not be produced before the said Privy Council as aforesaid, then any One or more of the said Instruments so produced as aforesaid shall be as effectual to give such Authority as aforesaid to the Persons therein named as if all of them had been produced as aforesaid; and if there be not any Nomination by such Instruments, then the said Seven Officers, of any Five of them are, constituted and appointed to be Lords Justices of the United Kingdom of Great Britain and Ireland, and are hereby invested with the Powers and Authorities mentioned in this Act.

 V. Provided always, and be it enacted, That the said Lords Justices shall not have or exercise any Power or Authority to grant any Rank, Title, or Dignity of the Peerage by Letters Patent, Writ of Summons, or any other Manner whatever, or to summon any Person to the House of Lords by any Title to which such Person is the Heir Apparent, or to determine the Abeyance of any Rank, Title, or Dignity of Peerage which now is or hereafter shall be in Abeyance in favour of any of the Co-heirs thereof, by Writ of Summons or otherwise: Provided also, that the said Lords Justices shall not have any Power or Authority, without express Directions from such next Successor, to grant, lease, or dispose of any Lands, Tenements, or Hereditaments whatsoever now belonging or hereafter to belong to Her Majesty, Her Heirs or Successors ; nor to grant any Office or Employment whatever in Reversion; nor to grant for any longer Term than during the Pleasure of such next Successor any Office, Employment, Salary, or Pension whatever, except such Offices and Employments in Possession for the Term of the natural Life of or during the good Behaviour of the Grantee or Grantees thereof respectively as by Law must be so granted.

VI. And be it enacted, That the said Lords Justices constituted as aforesaid shall not dissolve such Parliament as shall be sitting the Time of such Demise as aforesaid, or as shall be thereupon convened and sit, as provided by an Act made in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line, without express Directions from such next Successor ; and that the said Lords Justices shall be and are hereby restrained and disabled from giving the Royal Assent in Parliament to any Bill or Bills in Parliament for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown of this Realm as the same stands now established in the Illustrious House of Hanover by the Act of the Twelfth Year of the Reign of King William the Third, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject; or to any Act for repealing or altering the Act made in the Thirteenth Year of the Reign of' King Charles the Second, intituled An Act for the Uniformity of Public Prayers, and Administration, of Sacraments and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England; or one Act of the Fifth Year of the Reign of Queen Anne, made in Scotland, intituled An Act for securing the Protestant Religion  and Presbyterian Church Government.

VII. And be it enacted, That the said Lords Justices, before they act or intermeddle in their said Offices or any of the Authorities hereby to them given, shall take the Oaths of Allegiance and Supremacy in the Form prescribed and required by an Act passed in the First Year of the Reign of King William and Queen Mary, intituled An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; and shall also take the Oath of Abjuration in such Manner and Form as is set down and prescribed in an Act passed in the Sixth Year of the Reign of King George the Third, intituled An Act for altering the Oath of Abjuration and the Assurance ; and for amending so much of an Act of the Seventh Year of Her late Majesty Queen Anne, intituled An Act for the Improvement of the Union of the Two Kingdoms, as, after the Time therein requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason, or of Treason; and also the following Oaths;
(that is to say,)
"I A.B. do solemnly promise and swear, That I will truly and faithfully execute the Office of Lord Justice of the United Kingdom of Great Britain and Ireland, according to an Act of Parliament made in the First Year of the Reign of' Her Majesty Queen Victoria, intituled [here insert the Title of  this Act]; and that I will administer the Government of this Realm and of all the Dominions thereunto belonging according to the Laws, Customs, and Statutes thereof, and will in all Things to the utmost of my Power and Ability consult and maintain the Safety, Honour, and Dignity of His [or Her, as the Case shall require] Majesty, and the Welfare of His [or Her, as the Case shall require,] People.   So help me GOD."

"I DO faithfully promise and swear, That I will inviolably maintain and preserve the Settlement of the true Protestant Religion, with the Government, Discipline, Rights, and Privileges of the Church of Scotland, as established by Law.  So help me GOD."

And shall also make and subscribe the Declaration required to be made and subscribed by all Persons admitted into any Office, Employment, or Place of 'Trust under Her Majesty, Her Heirs and Successors, by an Act made in the Ninth Year of the Reign of King George the Fourth, intituled An Act for repealing so much of several Acts as imposes the Necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments.

Which said Oaths, and Declaration shall be taken and subscribed before the Privy Council of the United Kingdom of Great Britain and Ireland in being at the Time of such Demise of Her Majesty, who are hereby required and empowered to administer and receive the same, and to enter the same in the Council Books.

 VIII. And be it declared and enacted, That if after such Demise of Her Majesty and before the Arrival. of any succeeding King or Queen in the United Kingdom of Great Britain and Ireland, another Parliament shall be called by the Lords Justices by Writs tested in their Names, by the Arrival of such succeeding King or Queen in the United Kingdom of Great Britain and Ireland such Parliament shall not be dissolved, but after such Arrival shall proceed without any new Summons.

IX. Provided always, and be it enacted, That if any, of the aforesaid Seven Offices other than the Office of Lord High Treasurer of the United Kingdom of Great Britain and Ireland, shall be in Commission at the Time of the Demise of Her Majesty, then the Commissioner of such respective Commission shall be one of the said Lords Justices, and Use, exercise, and execute all Powers, Authorities, Matters, and Acts of Government by this Act vested in the said Lords Justices, according to the Directions and Provisions of this Act, in as full and ample Manner as if such Office or Offices were in the Hands of a single Person: Provided also, that if there be no Lord High Treasurer of Great Britain and Ireland, and the Office of the Treasurer of the Exchequer shall be in Commission, then the First in that Commission shall be one of the said Lords Justices.


REGENCY ACT 1840

(3 & 4 Vict. c 52)

An Act to provide for the Administration of the Government in case the Crown should descend to any Issue of Her Majesty whilst such Issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue. [4th August 1840.]

Statutes at Large, 1840, pp. 182-186.  Repealed, SLR(No.2) 1874

"WHEREAS Your Majesty, by Your Majesty's Royal Message to both Houses of Parliament, has been pleased to state that the Uncertainty of Human Life, and the deep Sense Your Majesty feels of Duty to Your People, rendered it incumbent upon Your Majesty to recommend to both Houses of Parliament to consider Contingencies which may hereafter take place, and to make such Provision as will, in any Event, secure the Exercise of the Royal Authority; and that Your Majesty would be prepared to concur with the Two Houses of Parliament in those Measures which may appear best calculated to maintained unimpaired the Power and Dignity of the Crown, and thereby to strengthen the Securities which protect the Rights and Liberties of Your People: And whereas, with the most cordial Sense of Duty and Gratitude to Your Majesty for the tender Concern and Regard so uniformly and now more especially demonstrated for the Happiness of Your People and the Security of their Rights and Liberties, we have taken this most important Business into our Consideration, and being thoroughly convinced of the Wisdom and Expediency of what Your Majesty as thought fit to recommend, we are firmly and zealously determined to contribute every thing in our Power to maintain unimpaired the Powers and Dignity of the Crown, and to strenghthen the Securities which protect the Rights and Liberties of the People:"
We therefore, Your Majesty's most dutiful and loyal subjects, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, do most humbly beseech Your Majesty that it may be enacted: and be it enacted by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if at the Demise of Her present Majesty (whom God long preserve) there shall be Issue of Her said Majesty who shall become King or Queen of this Realm whilst under the Age of Eighteen Years, His Royal Highness Prince Albert, the Consort of Her said Majesty, shall be the Guardian and shall have the Care, Tuition, and Education of such Issue, until such Issue shall attain the Age of Eighteen Years, and shall till such Age have the Disposition, ordering, and Management of all Matters and Things relating thereto; and His said Royal Highness Prince Albert shall, until such Issue of Her said Majesty shall attain the Age of Eighteen Years, and no longer, have full Power and Authority, in the Name of such Issue, and in His or Her Stead, and under the Style and Title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the Laws and Constitution thereof, the Royal Power and Government of this Realm, and all the Dominions, Countries, and Territories to the Crown thereof belonging, and use and exercise and perform all Prerogatives, Authorities, and Acts of Government and Administration of Government which belong to the King or Queen of this Realm to use, execute, and perform, according to the Laws thereof, but in such Manner and subject to such Conditions, Restrictions, Limitations, and Regulations as are herein-after for that Purpose specified, mentioned, and contained.

II. And be it further enacted by the Authority aforesaid, That all Acts of Royal Power, Prerogative, Government, and Administration of Government, of what Nature or Kind soever, which shall be done and executed during the Regency established by this Act otherwise than by and with the Consent and Authority of the said Regent, in the Manner and according to the Direction of this Act set forth and prescribed, shall be absolutely null and void to all Intents and Purposes.

III.  And be it further enacted by the Authority aforesaid, That the Regent, before He shall act or enter upon his said Office of Regent, shall take the Oaths of Allegiance and Supremacy in the Form prescribed and required by an Act passed in the First Year of the Reign of King William and Queen Mary, intituled An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; and shall also take the Oath of Abjuration in such Manner and Form as is set down and prescribed in an Act passed in the Sixth Year of the Reign of King George the Third, intituled An Act for altering the Oath of Abjuration and the Assurance, and for amending so much of an Act of the Seventh Year of Her late Majesty Queen Anne, intituled 'An Act for the Improvement of the Union of the Two Kingdoms,' as after the Time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason; as also the following Oath, that is to say,

"I DO solemnly promise and swear, that I will truly and faithfully execute the Office of Regent of the United Kingdom of Great Britain and Ireland, according to an Act of Parliament made in the Fourth Year of Her Majesty Queen Victoria, intituled An Act to provide for the Administration of the Government in case the Crown should descend to any Issue of Her Majesty whilst such Issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue; and that I will administer the Government of this Realm, and of all the Dominions thereunto belonging, according to the Laws, Customs, and Statutes thereof, and will in all Things, to the utmost of my Power and Ability, consult and maintain the Safety, Honour, and Dignity of His or Her [as the Case shall require] Majesty, and the Welfare of His or Her [as the Case shall require] People.  So help me God."
"I DO faithfully promise and swear, That I will inviolably maintain and preserve the Settlement of the true Protestant Religion, with the Government, Discipline, Rights, and Privileges of the Church of Scotland, as established by Law.  So help me GOD."
Which Oaths shall be taken before the Privy Council then in being, who are hereby empowered and required to administer the same, and to enter the same in the Council Books.

IV.  And be it further enacted by the Authority aforesaid, That it shall not be lawful for the King or Queen of this Realm, for whom a Regent is hereby appointed, to intermarry before His or Her Age of Eighteen Years, with any Person whomsoever, without the Consent, in Writing, of the Regent, and the Assent of both Houses of Parliament, previously obtained; and every Marriage without such Consent, and such Assent of the Two Houses of Parliament, shall be null and void to all Intents and Purposes; and every Person who shall be acting, aiding, abetting, or concerned in obtaining, procuring, or bringing about any such Marriage, and the Person who shall be so married to such King or Queen under the Age of Eighteen Years, shall be guilty of High Treason, and suffer and forfeit as in Cases of High Treason.

V.  Provided always, and be it further enacted by the Authority aforesaid, That the Regent shall not give or have Power to give the Royal Assent to any Bill or Bills in Parliament for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown of this Realm as the same now stands established by the Act of the Twelfth Year of the Reign of King William the Third, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, or to any Act for repealing or altering the Act made in the Thirteenth Year of the Reign of King Charles the Second, intituled An Act for the of Public Prayers, and Administration of Sacraments, and other Rites, and Ceremonies ; and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England; or one Act of the Fifth Year of the Reign of Queen Anne, made in Scotland, intituled An Act for securing the Protestant Religion and Presbyterian Church Government.

VI.  Provided always, and be it further enacted, That if His said Royal Highness Prince Albert shall, at any Time after becoming such Guardian and Regent, be reconciled to or shall hold Communion with the See or Church of Rome, or shall profess the Popish Religion, or shall marry a Person professing the Roman Catholic Religion, or shall cease to reside in or absent Himself from the United Kingdom of Great Britain and Ireland, then and in any of such Cases His said Royal Highness shall no longer be Guardian and Regent, and all the Powers and Authorities which He may have derived under and by virtue of this Act shall thenceforth cease and determine.
 


REGENCY ACT 1910

(10 Edw 7 & 1 Geo 5 c 26)

An Act to provide for the Administration of the Government in case the Crown should descend to any issue of His Majesty while such issue shall be under the age of eighteen years, and for the care and guardianship of such issue.  [3rd August 1910.]

Statutes at Large, 1910, pp. 192-194.  Repealed, SLR 1927.

WHEREAS Your by Your Majesty's Royal message to both Houses of Parliament, has been pleased to recommend that provision should be made for a Regency in certain events :
Now therefore we, Your  most dutiful and loyal subjects, the Lords Spiritual and Temporal and the Commons, in Parliament assembled, do most humbly beseech Your Majesty that it be enacted, and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the authority of the same, as follows:

1.—(1)  If on the demise of His present Majesty  (whom God long preserve) any child of His Majesty succeeds to the Crown whilst under the age of eighteen years, Her Majesty Queen Mary shall be the guardian, and have the care and tuition of such child until the child attain the age of eighteen years, and until that time shall have the disposition, ordering, and management of all matters and things relating thereto.

(2) Her Majesty Queen Mary shall, until such child attain the age of eighteen years and no longer, have full power and authority in the name of such child and in the stead of such child, and under the style and title of  "the Regent " to exercise and administer according to the laws and constitution thereof,  the Royal power and government of this realm, and all the  dominions, countries, and territories belonging to the Crown thereof, and use, exercise, and perform all prerogatives, authorities, and act of government and administration of government that belong to the Sovereign of this realm to use, execute, and perform according to the laws thereof, but in such manner and subject to such conditions, restrictions, limitations, and regulations as are contained in this Act.

(3)  All acts of Royal power, prerogative, and administration of government of any kind which shall be done or executed during the Regency established by this Act otherwise than by and with the consent and authority of the Regent, in the manner and according to the directions prescribed by this Act, shall be absolutely null and void in all intents and purposes.

2. The Regent, before she shall act or enter upon the office of Regent shall take the oaths set out in the Schedule to this Act before the Privy Council, and the Privy Council are empowered and required to administer those oaths and to enter them in the Council books.

 3.—(1) During the Regency,  the Sovereign for whom the Regent is appointed shall not intermarry, before attaining the age of eighteen years, with any person, unless the consent in writing of the Regent and the of both Houses of Parliament is previously obtained, and any marriage entered into in contravention of this section shall be null and void to all intents and purposes.

(2) Any person who shall knowingly act, aid, abet, or be concerned in obtaining, procuring, or bringing about any marriage in contravention of this section, and the person who shall be married to the Sovereign knowing that the marriage is a marriage in contravention of this section shall be guilty of a felony under the Treason Felony Act, 1848.

 4. The Regent shall not give or have power to give the Royal Assent to any Bill for repealing, changing, or in any respect varying the order or course of succession to the Crown of this realm, as established by the Act of Settlement or to any Bill for repealing or altering an Act of the fifth year of the reign of Queen Ann, made in Scotland, intituled "An Act for securing the Protestant religion and Presbyterian government."

5.  If Her Majesty Queen Mary shall, after becoming Regent, be reconciled to or hold communion with the See or Church of Rome, or shall profess the Roman Catholic religion, or shall marry a person professing the Roman Catholic religion, or shall cease to reside in or absent herself otherwise than temporarily from the United Kingdom, Her Majesty shall no longer be guardian and Regent; and all the powers and authorities which she may have derived under or by virtue of this Act shall henceforth cease and determine.

6.  This Act may be cited as the Regency Act, 1910.

SCHEDULE

1.  I do swear that I will be faithful and bear true allegiance to [here insert the name of the Sovereign] his heirs and successors according to law.  So help me God.

2. I do swear that I will truly and faithfully execute the office of Regent according to the Regency Act, 1910, and that I will administer the government of this realm and of all the dominions thereunto belonging according to the laws, customs, and statutes thereof, and will in all things to the utmost of my power and ability consult and maintain the safety, honour, and dignity of [here insert the name of the Sovereign] and the welfare of his people.  So help me God.

3. I do faithfully promise and swear that I will inviolably maintain and preserve the Settlement of the true Protestant religion with the government, discipline, rights, and privileges of the Church of Scotland as established by law.  So help me God.


REGENCY ACT 1937

(1 Edw 8 & 1 Geo 6 c 16)

An Act to make provision for a Regency in the event of the Sovereign  being on His Accession under the age of eighteen years, and in the event of the incapacity of the Sovereign through illness, and for the performance of  certain of the royal functions in the name and on behalf of the Sovereign   in certain other events to repeal the Lords Justices Act 1837; and for purposes connected with the matters aforesaid  [19 March 1937]


Notes
This Act was passed as a consequence of the illnesses of King George V in 1928 and 1936.  It makes permanent provision for the exercise of Royal Authority during the minority or incapacity of the Sovereign.
Regency Acts 1937 to 1953.  By the Regency Act 1953, s 4(1), the following Acts may be cited together by the above collective title: the Regency Act 1937 (this Act), the Regency Act 1943 and the Regency Act 1953, all this part of this title post.
These Acts are not affected by the operation of the Family Law Reform Act 1969, s 1; see s 1(4) of, and Sch 2, para 1 to, that Act, Vol 6, title Children.
Northern Ireland.  This Act applies.

1 Regency while the Sovereign is under eighteen

  1. If the Sovereign is, at His Accession, under the age of eighteen years, then, until He attains that age, the royal functions shall be performed in the name and on behalf of the Sovereign by a Regent.
  2. For the purpose of any enactment requiring any oath or declaration to be taken, made, or subscribed, by the Sovereign on or after His Accession, the date on which the Sovereign attains the age of eighteen years shall be deemed to be the date of His Accession.

Notes
Enactment requiring any oath ... to be taken.  See the Accession Declaration Act 1910, this part of this title ante.


Regency during total incapacity of the Sovereign

  1. If the following persons or any three or more of them, that is to say, the wife or husband of the Sovereign, the Lord Chancellor, the Speaker of the House of Commons, the Lord Chief justice of England, and the Master of the Rolls, declare in writing that they are satisfied by evidence which shall include the evidence of physicians that the Sovereign is by reason of infirmity of mind or body incapable for the time being of performing the royal functions or that they are satisfied by evidence that the Sovereign is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that His Majesty has so far recovered His health as to warrant His resumption of the royal functions or has become available for the performance thereof, as the case may be, those functions shall be performed in the name and on behalf of the Sovereign by a Regent.
  2. A declaration under this section shall be made to the Privy Council and communicated to the Governments of His Majesty's Dominions and to the Government of India.

Notes
His Majesty's Dominions.   This signifies the territories under the sovereignty of the Crown; see further, as to the meaning of this expression, 6 Halsbury's Laws (4th edn reissue) para 803.
The requirement contained in sub-s (2) was excluded by the Ireland Act 1949, s 3(3), Vol 7, Title Commonwealth and Other Territories (Pt 3).


3 The Regent

  1. If a Regency becomes necessary under this Act, the Regent shall be that person who, excluding any persons disqualified under this section, is next in the line of succession to the Crown.
  2. A person shall be disqualified from becoming or being Regent, if he is not a British subject of full age and domiciled in some part of the United Kingdom, or is a person who would, under section two of the Act of Settlement, be incapable of inheriting, possessing, and enjoying the Crown; and section three of the Act of Settlement shall apply in the case of a Regent as it applies in the case of a Sovereign.
  3. If any person who would at the commencement of a Regency have become Regent but for the fact that he was not then of full age becomes of full age during the Regency, he shall, if he is not other-wise disqualified under this section, thereupon become Regent instead of the person who has theretofore been Regent.
  4. If the Regent dies or becomes disqualified under this section, that person shall become Regent in his stead who would have become Regent if the events necessitating the Regency had occurred immediately after the death or disqualification.
  5. Section two of this Act shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent, and for the words "those functions shall be performed in the name and on behalf of the Sovereign by a Regent" of the words "that person shall be Regent who would have become Regent if the Regent had died."

Notes
Succession to the Crown.  This is regulated by the Act of Settlement (1700), Pt 1 of this title ante.
 Full age. The heir apparent or heir presumptive to the Throne is deemed for all purposes of this Act to be of full age if he or she has attained the age of eighteen years; see the Regency Act 1953, s 2, this part of this title post.
Act of Settlement (1700), ss 2, 3.  See Pt 1 of this title ante.


4 Oaths to be taken by, and limitations of power of, Regent

  1. The Regent shall, before he acts in or enters upon his office, take and subscribe before the Privy Council the oaths set out in the Schedule to this Act, and the Privy Council are empowered and required to administer those oaths and to enter them in the Council Books.
  2. The Regent shall not have power to assent to any Bill for changing the order of succession to the Crown or for repealing or altering an Act of the fifth year of the reign of Queen Anne made in Scotland entitled "An Act for Securing the Protestant Religion and Presbyterian Church Government".

Notes
Act of 5 Anne. This is an Act of the Parliament of Scotland, which is reprinted in the Union with Scotland Act 1706, s 2, Pt 1 of this title ante.

5 Guardianship, etc, of Sovereign during Regency

During a Regency, unless Parliament otherwise determines,
  1. if the Sovereign is under the age of eighteen years and unmarried, His mother, if she is living, shall have the guardianship of His person;
  2. if the Sovereign, being married, is under the age of eighteen years or has been declared under this Act to be incapable for the time being of performing the royal functions, the wife or husband of the Sovereign, if of full age, shall have the guardianship of the person of the Sovereign;
  3. the Regent shall, save in the cases aforesaid, have the guardianship of the person of the Sovereign; and the property of the Sovereign, except any private property which in accordance with the terms of any trust affecting it is to be administered by some other person, shall be administered by the Regent.

Power to delegate royal functions to Counsellors of State

  1. In the event of illness not amounting to such infirmity of mind or body as is mentioned in section two of this Act, or of absence or intended absence from the United Kingdom, the Sovereign may, in order to prevent delay or difficulty in the despatch of public business, by Letters patent under the Great Seal, delegate, for the period of that illness or absence, to Counsellors of State such of the royal functions as may be specified in the Letters Patent, and may in like manner revoke or vary any such delegation:

  2. Provided that no power to dissolve Parliament otherwise than on the express instructions of the Sovereign (which may be conveyed by telegraph), or to grant any rank, title or dignity of the peerage may be delegated.
  3. [Subject as hereinafter provided, the Counsellors of State shall be the wife or husband of the Sovereign (if the Sovereign is married), and the four persons who, excluding any persons disqualified under this section, are next in the line of succession to the Crown, or if the number of such persons next in the line of succession is less than four, then all such persons:

  4. Provided that, if it appears to the Sovereign that any person who, in accordance with the foregoing provisions of this subsection, would be required to be included among the Counsellors of State to whom royal functions are to be delegated, is absent from the United Kingdom or intends to be so absent during the whole or any part of the period of such delegation, the Letters Patent may make provision for excepting that person from among the number of Counsellors of State during the period of such absence.]

    [(2A) ... any person disqualified under this Act from being Regent shall be disqualified from being a Counsellor of State.]

  5. Any functions delegated under this section shall be exercised jointly by the Counsellors of State, or by such number of them as may be specified in the Letters Patent, and subject to such conditions, if any, as may be therein prescribed.
  6. The provisions of this section shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent, so however, that in relation to a Regent subsection (2) of this section shall have effect as if after the word "next," where that word first occurs therein, there were inserted the words "after the Regent".
  7. Any delegation under this section shall cease on the demise of the Crown or on the occurrence of any events necessitating a Regency or a change of Regent.

Notes
Sub-s(2) was substituted, and sub-s (2A) was inserted, by the Regency Act 1943, s 1.  The words omitted from sub-s (2A) were repealed by the Regency Act 1953, s 4(2).
General note. The original sub-s(2) provided that Counsellors of State should be the wife or husband of the Sovereign, and the four persons who, excluding any persons disqualified under the Act from becoming Regent, were next in the line of succession to the Crown.  Among persons disqualified by s3 ante from acting as Regent are persons who are not of full age.  The anomalous result was that under the original subsection an heir apparent or presumptive could, if he succeeded to the Throne, perform the royal functions at the age of 18, but could not, before succeeding, perform the less onerous functions of Counsellors of State.  This was rectified by that part of sub-s(2A) which was later repealed by the Regency Act 1953 s4(2), as noted above, and replaced by s(2) of that Act.
As to the demise of the Crown, see the Acts collected in Pt 2(b) of this title post.
Telegraph.  It would appear that this includes a wireless message: see A-G v Edison Telephone Co of London (1880) 6 QBD 244 at 249, per Stephen J; cf Re Radio Communication in Canada [1932] AC 304, PC.
Counsellors of State.  During the Royal visit to America in 1939 the Queen, although she accompanied the King, was Counsellor of State under the original subsection.  This anomaly was removed by the proviso to the new sub-s (2), but no provision is made for any other Counsellor of State to act in place of the absent Counsellor.
This section has effect as if a reference to Queen Elizabeth the Queen Mother were inserted after the reference to the wife or husband of the Sovereign; see the Regency Act 1953, s 3, this part of this title post.
Sub-s (4).  Where HRH the Duke of Edinburgh is Regent by virtue of the Regency Act 1953, s 1, this part of this title post, another sub-s (4) of this section is substituted by s 1(4) of the 1953 Act.

7 [repealed by the SLR Act 1950]

8 Short title and interpretation

  1. This Act may be cited as the Regency Act 1937.
  2. In this Act, save as otherwise expressly provided, the expression "royal functions" includes all powers and authorities belonging to the Crown, whether prerogative or statutory, together with the receiving of any homage required to be done to His Majesty.

SCHEDULE

Section 4
OATHS TO BE TAKEN BY THE REGENT

1. I swear that I will be faithful and bear true allegiance to [here insert the name of the Sovereign] his heirs and successors according to law. So help me God.

2. I swear that I will truly and faithfully execute the office of Regent, and that I will govern according to law, and will, in all things, to the utmost of my power and ability, consult and maintain the safety, honour, and dignity of [here insert the name of the Sovereign] and the welfare of his people. So help me God.

3. I swear that I will inviolably maintain and preserve in England and in Scotland the Settlement of the true Protestant religion as established by law in England and as established in Scotland by the laws made in Scotland in prosecution of the Claim of Right, and particularly by an Act intituled "An Act for Securing the Protestant Religion and Presbyterian Church Government" and by the Acts passed in the Parliament of both Kingdoms for Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights, and Privileges of the Church of Scotland. So help me God.
 


Notes
Protestant religion.  See the Union with Scotland Act 1706, Pt 1 of this title ante, s 2 of which contains a reprint of the Scottish Act referred to.



REGENCY ACT 1943

(6 & 7 Geo 6 c 42)

An Act to amend the law as to the delegation of royal functions to Counsellors of State [11 November 1943]
 

[substitutes new s 6(2), (2A) of the Regency Act of 1937]

2 Short title and citation

This Act may be cited as the Regency Act 1943, and this Act and the Regency Act 1937 may be cited together as the Regency Acts 1937 and 1943.


REGENCY ACT 1953

(2 & 3 Eliz 2 c 1)

An Act to provide that, in the event of a Regency becoming necessary tinder the Regency Act 1937, His Royal Highness the Duke of Edinburgh shall in certain circumstances be the Regent, to provide that the heir apparent or heir presumptive to the Throne shall be deemed the purposes of that Act to be of full age if he or she has attained the age of eighteen years, to add Her Majesty Queen Elizabeth the Queen Mother to the persons to whom royal functions may be delegated as Counsellors of State, and for purposes connected with the matters aforesaid [19 November 1953]
 

1 H R H The Duke of Edinburgh to be Regent in certain circumstances

  1. If a Regency becomes necessary under the Regency Act 1937, on the succession to the Crown of a child of Her Majesty and His Royal Highness the Duke of Edinburgh while under the age of eighteen years, His Royal Highness, if living, shall be the Regent.
  2. If a Regency becomes necessary under the Regency Act 1937, during the reign of Her present Majesty, His Royal Highness the Duke of Edinburgh, if living, shall be the Regent unless, or (as the case may be) until, there is a child or grandchild of Her Majesty and His Royal Highness who can under the provisions of the said Act be the Regent.
  3. The preceding provision of this section shall have effect subject to—
    1. subsection (2) of section three of the Regency Act 1937 (which enumerates the disqualifications for becoming or being Regent), and
    2. subsection (5) of that section (which provides for the case where the Regent is incapacitated by infirmity for performing the royal functions or is not available for the performance of those functions),
    but, save as aforesaid, that section shall have effect subject to the preceding provisions of this section.
  4. Where his Royal Highness the Duke of Edinburgh is Regent by virtue of this section, section six of the Regency Act 1937 (which relates to the appointment of Counsellors of State) shall have effect as if the following provision were substituted for subsection (4) thereof:

  5. "(4) The provisions of this section shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent and the omission, in subsection (2) thereof, of the reference to the wife or husband of the Sovereign."

Notes
On the succession to the Crown of a child, etc. On the succession to the Crown of a person under the age of eighteen years a Regency would become necessary under the Regency Act 1937, s 1(1) ante.
Shall be Regent.  Apart from this section the Regent would be the person next in line of succession to the Crown who is not disqualified under s 3 of the 1937 Act (as construed in accordance with s 2 post); see sub-s (1) thereof.  If HRH the Duke of Edinburgh were to become Regent by virtue of sub-s(1) of this section, he would be likely also to have the guardianship of the person of the Sovereign; see s 5 of the 1937 Act ante.
Regency ... during the reign of Her present Majesty.  Ie under s 2 of the 1937 Act above.
Who can ... be the Regent. That is, under s 3 of the 1937 Act ante, construed in accordance with s 2 post.
Regency Act 1937.  See this part of this title ante.

2 Amendment of meaning of full age"

The heir apparent or heir presumptive to the Throne shall be deemed for all the purposes of the Regency Act 1937 to be of full age if he or she has attained the age of eighteen years.
 

Notes
Heir apparent, heir presumptive.  The heir apparent is an heir, such as the eldest son, whose right to succeed cannot be defeated by the birth of one having a better right, while the heir presumptive is one, such as a daughter being the only child, whose right to succeed is liable to be defeated by the birth of one having a better right.
Shall be deemed, etc. A Regency under the Regency Act 1937, s1(1), this part of this title ante, is only required if, and so long as, the Sovereign is under the age of 18 years and, by virtue of s6(2A) of that Act, an heir to the Throne could become a Counsellor of State if he was not under eighteen.  Yet, under s3(2) of the same Act, a Regent must be of full age, that is, have reached the age of 21.  This discrepancy is now removed by enacting that an heir to the throne who has reached the age of 18 is to be deemed to be of full age for the purposes of the 1937 Act.  Most of s6(2A) of that Act thereby becomes redundant and is accordingly repealed by s4(2) of this Act.
Or she.  These words are really redundant as under the Interpretation Act 1978, s 6, Vol 41, title Statutes, the word "he" standing by itself would include a female.
Age. A person attains a particular age expressed in years at the commencement of the relevant anniversary of the date of his birth; see the Family Law Reform Act 1969, s 9, Vol 6, title Children.
Regency Act 1937.  See this part of this title ante.

3 Queen Elizabeth the Queen Mother to be of Counsellors of State

Her Majesty Queen Elizabeth the Queen Mother shall be added to the persons whom subsection (2) of section six of the Regency Act 1937 (as set out in section one of the Regency Act 1943) requires, subject as therein mentioned, to be the Counsellors of State for the purposes of any delegation of royal functions under that section, and accordingly during her life that section shall have effect is if a reference to her were inserted in subsection (2) thereof next after the reference to the wife or husband of the Sovereign.

Notes
Regency Act 1937, s 6(2A).  See this part of this title ante.

4 Short title, construction, citation and repeal

  1. This Act may be cited as the Regency Act 1953, and shall be construed as one with the Regency Acts 1937 and 1943, and those Acts and this Act may be cited together as the Regency Acts 1937 to 1953.
  2.  ...

Notes
Sub-s (2) amends the Regency Act 1937 s6(2A), this part of this title ante.
Construed as one. Ie the enactments in question are to be construed as if they were contained in one Act, unless there is some manifest discrepancy: see eg Phillips v Parnaby [1934] 2 KB 299 at 302.  Accordingly, definitions in the earlier Act may be relevant to the construction of provisions of this Act (see Solomons v R Gertzenstein Ltd [1954] 2 QB 243, [1954]2 All ER 625, CA; Crow (Valuation Officer) v Lloyds British Testing Co Ltd [1960] 1 QB 952, [1960] 1 All ER 411, CA).
Regency Acts 1937 and 1943.  Ie the Regency Act 1937 and the Regency Act 1943; see s 2 of the 1943 Act, this part of this title ante.
Regency Act 1937, s 6(2A).  See this part of this title ante.

Note on Counsellors of State

Counsellors of State from 1911 to 1937

The Regency Act 1937 provides for the appointment by letters patent of counsellors of state for the exercise of designated powers during an illness or absence from the realm.  This was not, however, a completely new procedure.  It had been practiced a few times (by commission under the Great Seal or by Order in Council) before in the 20th century:
  • Nov 10, 1911: before George V's Indian tour, were appointed by commission under the Great Seal as Counsellors of State: Prince Arthur of Connaught, the archbishop of Canterbury, the Lord Chancellor, and the Lord President of the Council.
  • March 17, 1925: before George V's Mediterranean cruise, were appointed as Counsellors: the duke of Gloucester (then Prince Henry), the archbishop of Canterbury, the Lord Chancellor and the Prime Minister (the Lord President of the Council, Lord Curzon, was very ill).   The Prince of Wales was about to leave for South Africa and the duke of York was in Kenya.  It was seen as customary to appoint at least one member of the royal family among the counsellors.
  • Dec 4, 1928: during an illness of George V, were appointed: the Queen, the Prince of Wales, the Duke of York, the Archbishop of Canterbury, the Lord Chancellor, and the Prime Minister. After the change of government the new Lord Chancellor and Prime Minister were appointed by Order in Council of June 8, 1929; the powers of the counsellors was also restricted.
  • Jan 20, 1936: on the last day of George V's life, the king appointed by Order in Council the Queen, the Prince of Wales, the dukes of York, Gloucester and Kent as Counsellors of State.
Those commissions empowered  the Counsellors of State, or any three of them, to summon and hold the Privy Council, to signify their approval of any matter or thing, to approve and sign any document requiring signature, and to do any matter or thing which appears to them expedient or necessary in the interests of the safety and good government of the Realm.  It is stipulated that the Counsellors shall not dissolve Parliament, or "in any manner grant any rank, title, or dignity of the Peerage, or act in any manner or thing on which it is signified by Us or appears to them that Our special approval should be previously obtained."

Here is the text of the order in council and the commission appointing Counsellors of State in 1911 (taken from the Times, Nov. 11, 1911, p. 10a). the text of the commissions in 1925 and 1928 was identical save for the change in the names of the appointees, change in the preamble (1928: "Whereas we have been stricken by illness and are unable for the time being to give due attention to the affairs of Our Realm"), the omission of the clause "and for the purpose of these Presents ... Our Sign Manual" (1925, 1928), and the insertion of "We further direct that, until the further signification of Our Royal Pleasure" (1928).

At the Court at Buckingham Palace.
The 10th day of November, 1911.

 Present,
The King's Most Excellent Majesty in Council.

 His Majesty in Council was, this day, pleased to declare His intention of going out of the Kingdom for the purpose of celebrating in Our Indian Dominions the Solemnity of Our Coronation, whereupon the Draft of a Commission making provision for the summoning and holding of the Privy Council and for the transaction of other matters and things on behalf of His Majesty during His absence was this day read at the Board and approved; and His Majesty was further pleased to nominate His Royal Highness Prince Arthur Frederick Patrick Albert of Connaught, K.G., G.C.V.O., the Most Reverend Father in God Randall Thomas, Lord Archbishop of Canterbury, G.C.V.O., the Right Honourable Robert Threshie, Earl Loreburn, G.C.M.G., Lord High Chancellor of Great Britain, and the Right Honourable John, Viscount Morley of Blackburn, O.M., Lord President of the Council, for the purposes therein mentioned, and to declare that they should be designated under the style of Counsellors of State.

His Majesty was also pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the Right Honourable Reginald McKenna, one of His Majesty's Principal Secretaries of State, do cause a Warrant to be prepared, for His Majesty's Royal Signature, for passing under the Great Seal of the United Kingdom a Commission conformable to the said Draft, which is hereunto annexed.

Almeric Fitzroy.

George the Fifth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India: To all Archbishops, Dukes, Marquesses, Earls, Viscounts, Bishops, Barons, Knights, Citizens, and Burghesses, and all other Our faithful Subjects whatsoever to whom these Presents shall come, Greeting:

 Whereas We shall be absent from Our United Kingdom for the purpose of celebrating in Our Indian Dominions the Solemnity of Our Coronation know ye that for divers causes and considerations concerning Us and the tranquility of Our Realm Us hereunto especially moving We having entire confidence in the fidelity of Our Most Dear Cousin and Counsellor His Royal Highness Prince Arthur Frederick Patrick Albert of Connaught, Knight of Our Most Noble Order of the Garter, Knight Grand Cross of Our Royal Victorian Order; Our Right Trusty and Right Entirely beloved Counsellor the Most Reverend Father in God Randall Thomas, by Divine Providence Lord Archbishop of Canterbury, Primate of All England and Metropolitan, Knight Grand Cross of Our Royal Victorian Order; Our Right Trusty and Right Well-beloved Cousin and Counsellor Robert Threshie, Earl Loreburn, Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George, Lord High Chancellor of Great Britain, and Our Right Trusty and Well-beloved Cousin and Counsellor John Viscount Morley of Blackburn, Member of Our Order of Merit, Lord President of Our Council, or Our most especial grace, certain knowledge, and mere motion, do nominate and appoint Our said Counsellors Prince Arthur of Connaught, Archbishop of Canterbury, Earl Loreburn, and Viscount Morley, or any two of them in Our said absence to summon and to hold on Our behalf Our Privy Council, and to signify thereat Our approval of any matter or thing, to which Our approval in Council is required, and further to do on Our behalf any matter or thing which appears to them necessary or expedient to do in Our behalf in the interests of the safety and good government of Our Realm; save only that they, Our said Counsellors Prince Arthur of Connaught, Archbishop of Canterbury, Earl Loreburn, and Viscount Morley, shall not, except in accordance with instructions transmitted by Us, dissolve Parliament, or in any manner grant any rank, title, or dignity of the peerage, or act in any manner or thing on which it is signified by Us, or appears to them that Our special approval should be previously obtained; and for the purpose of these Presents, any instructions transmitted by Us by telegram, or other such means of communication, shall have the same effect as if they were given by Us in writing under Our Sign Manual; and We further direct that these Presents shall take effect notwithstanding the death or incapacity of any of Our said Counsellors Prince Arthur of Connaught, Archbishop of Canterbury, Earl Loreburn, and Viscount Morley, so long as two of those Counsellors remain capable of acting thereunder. Commanding all and singular Archbishops, Dukes, Marquesses, Earls, Viscounts, Bishops, Barons, Knights, Citizens, and Burghesses and all other Our Officers, Ministers, and Subjects that in everything appertaining to the matters aforesaid they be attendant, counselling and helping Our said Counsellors Prince Arthur of Connaught, Archbishop of Canterbury, Earl Loreburn, and Viscount Morley as it behoves them.

In witness whereof We have caused these Our Letters to be made Patent.
Witness Ourself at Westminster, the day of , in the Year of Our Reign.
By Warrant under the King's Sign Manual.

Precedents before 1911

There had been absences from the kingdom by sovereigns before, notably William III and the early Hanoverians who frequently sojourned in their native land between sessions of the British Parliament (typically from late spring to the fall): George I made 6 stays between 1716 and 1727, and George II made 12 stays between 1729 and 1755. George III never left the kingdom, and George IV made one foreign visit, to Hanover in 1821. William IV never left the kingdom. Victoria did, several times, but as noted above the royal authority was not delegated.

To quote the Times of Nov. 11, 1911, p. 9:

"This course is based on ancient, though not the most ancient, precedents.  Under the Angevin kings and their successors it was usual to appoint as "Guardian of the Realm" during the Sovereign's absence abroad the Queen Consort, the Heir to the Throne, or some other Prince of the Blood Royal.  The earliest record of such an appointment would seem to be that made by Henry III in 1253 of his Queen and Richard Earl of Cornwall as guardians of England and Wales during his absence in Gascony, the latest instances being those of George Prince of Wales in January 1716, and of Queen Caroline in 1732.  During the reign of William III, however, after the death of Queen Mary, the guardianship was frequently put into commission during the King's absences abroad, and this was established as the usual custom by the precedent of 1719, when during the King's absence in Hanover the exercise of the full prerogatives of the Crown was, on the advice of the Privy Council, conferred by Patent upon a Committee of fourteen "Guardians and Justices of the Kingdom" or "Our lieutenants in the same". This precedent was followed, except apparently in 1732, throughout the 18th century and in 1821.  From this date onwards modern facilities of communication made a delegation of the royal authority unnecessary during the short visits of the Sovereign to the Continent; but this has now again become necessary owing to the decision of His Majesty to visit his Oversea Dominions in distant portions of the globe.  In establishing such a delegated authority the Warrant under the Great Seal follows in general the precedents of the 18th c.  A somewhat notable modification has, however, been made.  The powers conferred in 1719, and subsequently, represented a complete delegation of the Royal prerogative, subject only to its liability to be overruled by instructions from abroad under the Royal sign manual. The present Order, to quote the Prime Minister, merely delegates "certain fo the 'functions' of the Crown to four 'Counsellors of State', the old style of Lords Justices having been dropped, doubtless because it has now acquired a new connotation."

The account is not quite acurate in details (see below), but the general idea is that the medieval custom of appointing a Guardian of the Realm progressively gave way in the late 17th c.-early 18th c. to putting the guardianship in commission; the last instances of guardians of the realm being the prince of Wales in 1716 and Queen Caroline in the 1730s, until her death in 1737. In 1719, guardianship was conferred on a committee of "Guardians and Justices of the Kingdom" or "Our lieutenants in the same". This became the usual procedure between 1740 and 1755, and was used one last time in 1821.

Here is a list of such appointments that I have been able to find (sources: Gazette, Gentleman's Magazine, The Court Register 1782):

  • May 5, 1695: archbishop of Canterbury, Lord Keeper of the Great Seal, Lord Privy Seal, the duke of Devonshire (Stewart of the Household), the duke of Shrewsbury (Secretary of State), the earl of Dorset (Chamberlain of the Household), Lord Godolphin.
  • May 1, 1696: (the same).
  • Apr 23, 1697: archbishop of Canterbury, Lord Chancellor, Keeper of the Privy Seal, duke of Devonshire (Stewart of the Household), duke of Shrewsbury, earl of Sunderland (Chamberlain of the Household), earl of Dorset, earl of Romney, Edward Russel.
  • July 18, 1698: archbishop of Canterbury, Lord Chancellor, Keeper of the Privy Seal, Steward of the Household, earl of Dorset, earl of Marlborgough, earl of Romney, earl of Orford (first commissioner of the Admiralty), Charles Montagu (first commissioner of the Treasury).
  • June 1, 1699: archbishop of Canterbury, Lord Chancellor, Lord President of the Council, Keeper of the Privy Seal, Steward of the Household, first commissioner of the Admiralty, earl of Marlborough, earl of Jersey (Secretary of State), first commissioner of the Treasury.
  • July 4, 1700: archbishop of Canterbury, Keeper of the Great Seal, Steward of the Household, Chamberlain of the Household, first commissioner of the Admiralty, earl of Marlborough, first commissioner of the Treasury.
  • June 21, 1701: archbishop of Canterbury, President of the Council and first commissioner of the Admiralty, Steward of the Household, duke of Somerset, Chamberlain of the Household, first commissionerr of the Treasury.
  • July 5, 1716: prince of Wales, guardian of the Realm
  • May 9, 1719: archbishop of Canterbury, Lord High Chancellor, Lord President of the Council, Lord Privy Seal, Lord Steard, Lord Chamberlain, Lord Lieutenant of Ireland, duke of Marlborough (captain-general of the Forces, naster of the Ordnance), duke of Roxburgh (Principal Secretary of State), 1st commissioner of the Treasury and Groom of the Stole, 1st commissioner of the Admiralty, earl Stanhope and James Craggs (Secretaries of State).
  • June 14, 1720: archbishop of Canterbury, Lord High Chancellor, Lord President of the Council, Lord Privy Seal, Steward of the Household, Chamberlain of the Household, Lieutenant of Ireland, duke of Bolton, duke of Devonshire, duke of Marlborough, duke of Roxburgh (Secretary of State), first commissioner of the Treasury, first commissioner of the Admiralty, earl Stanhope and James Craggs (Secretaries of State).
  • May 29, 1723: archbishop of Canterbury, Lord High Chancellor, Lord President of the Council, Steward of the Household, Chamberlain of the Household, Lieutenant of Ireland, duke of Devonshire, duke of Roxburgh (Secretary of State), first commissioner of the Admiralty, Groom of the Stole, earl of Cadogan (General and Commander in Chief of the Forces), viscount Twonshend (Secretary of State), viscount Harcourt, first commissioner of the Treasury and Chancellor of the Exchequer.
  • June 3, 1725: archbishop of Canterbury, Lord High Chancellor, Lord President of the Council, Lord Privy Seal, Lord Steward, Lord Chamberlain, duke of Bolton (constable of the Tower of London), duke of Argyll (Master-General of the Ordnance), Principal Secretaries of State, 1st commissioner of the Admiralty, Groom of the Stole, viscount Harcourt, Lord Lieutenant of Ireland, 1st commissioner of the Treasury.
  • June 7, 1727: archbishop of Canterbury, Lord High Chancellor, Lord President of the Council, Lord Privy Seal, Lord Steward, Lord Chamberlain, duke of Bolton (governor of the Isle of Wight), duke of Argyll (Master-General of the Ordnance), Principal Secretaries of State, 1st commissioner of the Admiralty, Groom of the Stole, viscount Harcourt, Lord Lieutenant of Ireland, 1st commissioner of the Treasury.
  • 1729:
  • May 10, 1732: Queen appointed regent (Gentleman's Magazine 2:772)
  • 1735: Queen Caroline appointed regent "by the Stile and Title of the Guardian of the Kingdom of Great-Britain, and His Majesty's Lieutenant with the same during his Majesty's absence" (Gentleman's Magazine, vol. 5, p. 274)
  • 1736: (Queen appointed regent)
  • May 12, 1740: the king appointed Lord Justices for the administration of the government during his absence: the archbishop of Canterbury, the Lord Chancellor, the Lord President, the Lord Privy Seal, the Lord Steward (duke of Dorset), the Lord Chamberlain, the Master of the Horse, the duke of Bolton, the Lord Lieutenant of Ireland, the Master General of the Ordnance, one of HM's principal secretaries of State (the duke of Newcastle), the Groom of the Stole (Earl of Pembroke), Earl of Islay, one of HM's principal secretaries of State (William Lord Harrington), first Commissioner of the Treasury (Sir Robert Walpole), First Commissioner of the Admiralty (Sir Charles Wager, kt)
  • May 6, 1741: the king in Council appointed as Lord Justices in his absence (GM 11:275): the archbishop of Canterbury, the Lord Chancellor (Lord Hardwick), the Lord President (earl of Wilmington), the Lord Privy Seal, (Lord Hervey) the Lord Steward (duke of Dorset), the Lord Chamberlain (duke of Grafton), the Master of the Horse (duke of Richmond), duke of Bolton, the Lord Lieutenant of Ireland (duke of Devonshire), the Master General of the Ordnance (duke of Montagu), one of HM's principal secretaries of State (the duke of Newcastle), the Groom of the Stole (Earl of Pembroke), the Earl of Islay, one of HM's principal secretaries of State (Lord Harrington), first Commissioner of the Treasury (Sir Robert Walpole), First Commissioner of the Admiralty (Sir Charles Wager, kt)
  • April 1743 (GM 13:217): the archbishop of Canterbury, Lord Chancellor, duke of Grafton, duke of Dorset, duke of Devonshire, duke of Newcastle, duke of Bolton, earl of Harrington, earl of Bath, earl of Wilmington, marquis of Tweedale, duke of Montagu, duke or Richmond, earl of Pembroke, earl of Winchelsea, earl of Islay, Lord Gower, Lord Carteret, Henry Pelham.
  • May 2, 1745: appointed Lord Justices for the administration of the government during his Majesty's absence (GM 15:274): the archbishop of Canterbury, the Lord Chancellor (Lord Hardwick), the Lord President (duke of Dorset), the Lord Privy Seal (Lord Gower), the Lord Steward (duke of Devonshire), the Lord Chamberlain (duke of Grafton), the Master of the Horse (duke of Richmond), duke of Bolton, First Commissioner of the Admiralty (duke of Bedford), the Master General of the Ordnance (duke of Montagu), duke of Argyll, two of HM's principal secretaries of State (the duke of Newcastle, the marquis of Tweeddale), the Groom of the Stole (Earl of Pembroke), the Lord Lieutenant of Ireland (earl of Chesterfield), earl of Stair, one of HM's principal secretaries of State (earl of Harrington), earl of Bath, viscount Cobham, first Commissioner of the Treasury (Henry Pelham).
  • May 12, 1748 (GM 18:234): the archbishop of Canterbury, the Lord Chancellor (Lord Hardwick), the Lord President (duke of Dorset), the Lord Privy Seal (earl Gower), the Lord Steward (duke of Devonshire), the Lord Chamberlain (duke of Grafton), the Master of the Horse (duke of Richmond), one of HM's principal Secretaries of State (duke of Bedford), the Master General of the Ordnance (duke of Montagu), duke of Argyll, one of HM's principal secretaries of State (the duke of Newcastle), the Groom of the Stole (Earl of Pembroke), First Commissioner of the Admiralty (earl of Sandwich), the Lord Lieutenant of Ireland (earl of Chesterfield), viscount Cobham, first Commissioner of the Treasury (Henry Pelham).
  • Apr 11, 1750 (GM 20:185) the archbishop of Canterbury, the Lord Chancellor (Lord Hardwick), the Lord President (duke of Dorset), the Lord Privy Seal (earl Gower), the Lord Steward (duke of Marlborough), the Master of the Horse (duke of Richmond), one of HM's principal Secretaries of State (duke of Bedford), the duke of Argyll, First Commissioner of the Admiralty (earl of Sandwich), the Lord Lieutenant of Ireland (earl of Harrington), first Commissioner of the Treasury (Henry Pelham).
  • 30 March 1752: archbishop of Canterbury, Lord Chancellor, Lord President, Lord Privy Seal, Lord Steward, Lord Chamberlain, duke of Argyle, duke of Newcastle (Secretary of State), Lord Lieutenant of Ireland, Master of the Horse, earl of Holderness (Secretary of State), earl of Albermarle (Groom of the Stole), first commissioner of the Admiralty, first commissioner of the Treasury. (Gazette 9153)
  • 26 April, 1755: HRH the duke of Cumberland, the archbishop of Canterbury, Lord Chancellor, Lord President of the Council, Lord Privy Seal, Lord Steward, Lord Chamberlain, duke of Argyll, duke of Newcastle (1st commissioner of the Treasury), Master of the Horse, Lord Lieutenant of Ireland, Groom of the Stole, 1st commissioner of the Admiralty, Sir Thomas Robinson (Secretary of State), Henry Fox (Secretary at War). (Gazette 9471)
  • Sep 18, 1821 (Times, Sep 7, 1843, p. 5B): by commission under the Great Seal, were appointed as "His Majesty's Guardians and Justices of the United Kingdom of Great Britain and Ireland, and his Lieutenants in the same, during His Majesty's absence from the said United Kingdom, till further signification of His Majesty's pleasure":

  • the duke of York; the archbishop of Canterbury; the Lord Chancellor (Earl of Eldon); the Lord President of the Council (Earl of Harrowby); the First Lord of the Treasury (Earl of Liverpool); the Master of the Horse (duke of Montrose); the Master-General of the Ordnance (duke of Wellington); the Keeper of the Privy Seal (Earl of Westmoreland); the Groom of the Stole (Marquis of Winchester); the Steward of the Household (Marquis of Cholmondeley); the principal Secretaries of State (Marquis of Londonderry, Earl Bathurst, Viscount Sidmouth); the Lord Lieutenant of Ireland (Earl Talbot); the First Lord of the Admiralty (Viscount Melville); the Master of the Mint (Lord Maryborough); the Chancellor of the Exchequer (Nicholas Vansittart); the Chancellor of the Duchy of Lancaster (Charles Bathurst); the Treasurer of the Navy (F. J. Robinson).

Counsellors of State after 1937

  • 1939 (Canada and America): the Queen, the Duke of Gloucester, the Duke of Kent, the Princess Royal, and Princess Arthur of Connaught (duchess of Fife)

  •  

     

    [This occasion revealed a problem with the wording of the Regency Act, since the Queen was on the tour with the King, but could not be excluded from the list of counsellors of State; in effect, only 3 out of the appointed 4 could act in their capacity.  This was corrected in the Regency Act 1943, amending s6 of the Regency Act]
     

  • 17 June 1943 (North Africa):  the Queen, the Duke of Gloucester, the Princess Royal, Princess Arthur of Connaught, and Lady Southesk

  •  

     

    [This occasion revealed another problem with the Act, that Princess Elizabeth, about to turn 18, was 3 years away from being able to serve as Counsellor, even though she neared the age when she could accede without regency.  This was also corrected in the Regency Act 1943.]
     

  • July 20, 1944 (Italy): the Queen, Princess Elizabeth, the Duke of Gloucester, the Princess Royal, and Princess Arthur of Connaught.

  •  

     

    [This occasion revealed yet another problem with the Act.  Aside from the queen, the four people eligible as counsellors were Princess Elizabeth (who turned 18 on Apr. 21, 1944), the duke of Gloucester, Princess Royal, Lord Lascelles (turned 21 on Feb. 7, 1944).  But Lord Lascelles was prisoner of war, and thus absent.  According to the terms of the act, he could be dropped from the list of appointed counsellors, but not replaced with another name.  Nevertheless, the duchess of Fife was appointed, not quite legally it seems.]
     

  • Jan 28, 1947: Duke of Gloucester, Princess Royal, Lord Lascelles.

  •  

     

    [The Queen and Princess Elizabeth were on the tour with the King and their names were not included.]
     

  • Sep. 27, 1951 (king's illness): Queen, Princess Elizabeth, Princess Margaret, Duke of Gloucester, Princess Royal (revoked Dec 10)

  •  

     

    [The King planned to make a convalescence cruise in the following spring with the Queen and Princess Margaret, at which time it was planned that Princess Elizabeth would be on tour.  This would have left only two Counsellors of State, the duke of Gloucester and the Princess Royal.  Plans were made to change the law so as to allow the replacement of a person not in the UK with someone further down the list of succession (Times, Dec 24, 1951), but no such change was made by the Regency Act 1953.]
     

  • Nov 20, 1953: Queen Elizabeth the Queen Mother, Princess Margaret, the Duke of Gloucester, the Princess Royal, Lord Harewood.

  •  

     

    [This was the first appointment of the Queen Mother under the Regency Act 1953.]
     

  • Jan 20, 1956 (Nigeria):  Queen Elizabeth the Queen Mother, Princess Margaret, the Duke of Gloucester, the Princess Royal, Lord Harewood.

  •  
  • May 17, 1957 (Denmark): Queen Elizabeth the Queen Mother, Princess Margaret, the Duke of Gloucester, the Duke of Kent, the Princess Royal.

  •  
  • Jan 22, 1963 (Australia): Duke of Edinburgh, Queen Elizabeth the Queen Mother, Princess Margaret,  the Duke of Gloucester, the Duke of Kent, Prince William of Gloucester.

  •  
  • Oct 2, 1964 (Canada): Queen Mother, Princess Margaret, Duke of Gloucester.

  •  
  • May 18, 1965: Duke of Edinburgh, Queen Elizabeth the Queen Mother, Princess Margaret,  the Duke of Gloucester, Prince William of Gloucester, the Duke of Kent.

  •  
  • Jun 1967 (Canada): Prince of Wales, Queen Elizabeth the Queen Mother, Princess Margaret,  the Duke of Gloucester.

  • [This was the Prince of Wales's first appointment.]


Example of letters patent appointing counsellors of State (24 Jan 1974)

London Gazette 46195, 29 Jan 1974, p. 1-2.

Crown Office,
House of Lords, London, SW1A 0PW.
24th January 1974.

The Queen has been pleased to issue Her Majesty's Letters Patent under the Great Seal of The Realm in the form following:

Elizabeth The Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith to all Archbishops Dukes Marquesses Earls Viscounts Bishops Barons Baronets Knights Citizens and Burgesses and all other Our faithful Subjects whatsoever to whom these Presents shall come Greeting Whereas it is Our intention to be absent from Our United Kingdom for the purpose of visiting New Zealand Norfolk Island the New Hebrides the British Solomon Islands Papua New Guinea Australia and Indonesia And Whereas by the enactments known as the Regency Acts 1937 to 1953 it is (amongst other things) enacted that in the event of Our absence or intended absence from Our United Kingdom We may in order to prevent delay or difficulty in the despatch of public business by Letters Patent under the Great Seal delegate for the period of that absence to Counsellors of State such of Our Royal functions (except the power to dissolve Parliament otherwise than on Our express instructions and the power to grant any rank title or dignity of the peerage) as may be specified in the Letters Patent And Whereas the persons described by the said enactments as the Counsellors of State to be named in such Letters Patent are as follows that is to say Our most dearly beloved Husband and most faithful Counsellor Prince Philip Duke of Edinburgh Our most dearly beloved Mother Queen Elizabeth the Queen Mother Our most dearly beloved Son Charles Philip Arthur George Prince of Wales Knight of Our Most Noble Order of the Garter Our most dearly beloved Daughter Princess Anne Elizabeth Alice Louise Our most dear and entirely beloved Sister Princess Margaret Rose Countess of Snowdon Lady of the Imperial Order of the Crown of India Dame Grand Cross of Our Royal Victorian Order and Our most dear and entirely beloved Uncle and most faithful Counsellor Prince Henry William Frederick Albert Duke of Gloucester Knight of Our Most Noble Order of the Garter Knight of Our Most Ancient and Most Noble Order of the Thistle Knight of Our Most Illustrious Order of Saint Patrick Great Master and Principal Knight Grand Cross of Our Most Honourable Order of the Bath Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George Knight Grand Cross of Our Royal Victorian Order subject however to provisions enabling Us by the Letters Patent to except from among the number of those Counsellors any person who is absent from Our United Kingdom or intends to be so absent during the period of Our absence Know Ye that by virtue of the said enactments We do hereby delegate for the period of Our absence to the said Counsellors of State (except during their absence from Our United Kingdom those who are or intend to be so absent) the Royal functions specified in the First Schedule annexed hereto to be exercised jointly by not less than two of their number subject to the following exceptions and conditions namely That they the said Counsellors of State shall not have power to dissolve Parliament otherwise than on Our express instructions or to grant any rank title or dignity of the peerage That they shall not receive any homage required to be done to Ourself That they shall not approve or sign any warrant. fiat submission or other document for which Our approval or signature is required for or in connection with any of the matters described in the Second Schedule annexed hereto and That if We signify or it appears to them that they should not act in any matter or for any purpose without Our previous special approval they shall not act in that matter or for that purpose without that approval Commanding all and singular Archbishops Dukes Marquesses Earls Viscounts Bishops Barons Baronets Knights Citizens and Burgesses and all other Our Officers Ministers and Subjects that in everything appertaining to the matters aforesaid they be attendant counselling and helping the said Counsellors of State as it behoves them In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the twenty-fourth day of January in the twenty-second year of Our Reign.

By Warrant under the Queen's Sign Manual.

Dobson.

The First Schedule: The Delegated Royal Functions

Full power and authority during the period of Our said absence:
To summon and hold on Our behalf Our Privy Council and to signify thereat Our approval for anything for which Our approval in, Council is required.
To approve and sign on Our behalf Letters Patent signifying the Royal Assent to Acts of Parliament except any Act touching any of the matters for which provision is made in the Act of Settlement or touching Our Royal Style and Titles.
To approve and sign on Our behalf any proclamation warrant fiat submission or other document requiring Our approval or signature which relates to the affairs of Our United Kingdom or to the affairs of any of Our Colonies or any Territories under Our protection or in which we have jurisdiction being Colonies or Territories for whose foreign, affairs Our Government in the United Kingdom is responsible and to do on Our behalf anything required to be done in relation to any such proclamation warrant fiat submission or other document; and
To do on Our behalf anything which by virtue of Our Royal Prerogative or of any statutory or other power We are authorised to do for the safety or good government of Our United Kingdom any of Our said Colonies or any of the said Territories.

The Second Schedule: Excepted Matters

Awards of honours decorations and medals.
Precedence to rank among nobility.
The use by British subjects of foreign titles and the wearing of foreign Orders in the United Kingdom.
Issue of writs in peerage claims for the determination of abeyances.
Disbandment and amalgamation of regiments and other army units and changes in army and air force dress.
Matters arising in connection with the General Assembly of the Church of Scotland.
Amendment of Statutes of Orders.


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