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15 PUBLIC RECORD OFFICE, LONDON
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power of Parliament to regulate the matter was shown, the title King of Great Britain appeared to have been assumed by James I. under the exercise of the Royal prerogative only by the Proclamation issued in the second year of his reign; that the Act of Union provided for the fixing of "the Royal style and titles appertaining to the Imperial Crown of the said United Kingdom and its Dependencies," but that the style and titles fixed by the Proclamation of the 1st January, 1801, did not expressly refer to the Dependencies of the United Kingdom, and that therefore the alteration now proposed would seem either to supply that which was omitted from the style and titles proclaimed, and which could not at any time be supplied by Proclamation or at most-to render explicit and express what was already impliedly and tacitly involved in the existing style and titles of the Crown, and that any inference as to the absence of any power in the Crown to alter, by act of the prerogative only, the Royal style and titles-which might otherwise be drawn from the existence of the Act 39 & 40 Vict., c. 10-would appear to be weakened (if not negatived) by the circumstances that the title which Her late Majesty was to be advised to assume when that Act was passed was not a Royal title such as was apparently contemplated by the Act of Union, but (unlike the alteration now proposed) was an addition to, rather than an explanation of, an existing title.
That Mr. Bertram Cox was to request me to advise :
1. Whether the power of the Crown to make, by an exercise of its prerogative, the suggested alteration in the Royal style and titles was taken away by the Act of Union 39 & 40 Geo. III., c. 67 ?
2. If so, was the power to alter by Proclamation, under that Statute, the Royal style and titles now exhausted ?
3. If either of the above questions was answered in the negative, what steps should be taken by Proclamation, or otherwise, to effect the proposed alteration, and what form of Proclamation (if any) would be suitable ?
4. If both of the first two questions were answered in the affirmative would legisla. tion mutatis mutandis, on the lines of the Act 39 & 40 Vict., c. 10, be appropriate to effect the desired alteration?
I have taken the matter under my consideration, and, in obedience to your commands, have the honour to
Report,
That-1 and 2. Both these questions must, in my opinion, be answered in the affirmative.
The Act of Union provided that the style appertaining to the Crown of the United Kingdom and its dependencies should be such as the King should by Proclamation appoint.
This power, when once exercised, determined the style, and—as it had statutory authority could be afterwards varied only by virtue of another Statute. The power was not to settle the style from time to time but to settle it once for all.
3. This question does not arise.
4. I think that legislation on the lines of the Act 39 & 40 Vict., c. 10, would be appropriate for the purpose.
The provisions of the Interpretation Act, 1889, ns to the exercise, from time to time, powers conferred by subsequent Statutes should be borne in mind and appropriate words introduced, if it is desired that the change of title is to be made once for all.
of
The Right Hon. Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
1 have, &c.,
R. B FINLAY.
855.
S.
SIR,
No. 80.
(GENERAL)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
March 25, 1901. WE were honoured with your commands, signified in Mr. H. Bertram Cox's letter of the 23rd instant stating that, with reference to the Attorney-General's Report of the 13th March respecting the proposed alteration to be made in the Royal style and titles of the Crown, he was directed by you to transmit to us a draft of a Bill which it was proposed to introduce into Parliament to authorize such alteration, together with a copy of a Memorandum by the Parliamentary Counsel relating thereto; and that Mr. Bertram Cox was to request us to favour you with any observatious we might have to offer regarding the draft Bill.
We have taken the papers into our consideration, and, in obedience to your commands. have the honour to
Report-
That we would suggest that, with a view to excluding amendments on other points
as to the Royal style (e.g., the question whether the title of Defender of the Faith should be retained), the title of the Bill might be modified in some such way as in red If this change be made in the title, the preamble ink in the copy initialled by us. might be omitted.
We think that the words at present in brackets in the first section would be useful
as showing that the alteration is to be made once for all.
The Right Hon. Joseph Chamberlain, M.P.,
&c..
&c..
&c.
We have, &c. (Signed)
R. B. FINLAY. EDWARD CARSON.
Annexure I.
DRAFT OF A BILL
To enable His Most Gracious Majesty to make an addition to the Royal style and titles appertaining A.1). 1901,
to the Imperial Crown of the United kingdom and its Dependencies in recognition of His Majesty's Dominions beyond the Seas.
WHEREAS it is expedient that His Majesty's Royal style atud titles should contain a recognition of His Majesty's dominions beyond the seas.]
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 bý the authority of the same, as follows:-
make addi-
1. It shall be lawful for His Most Gracious Majesty with a view to such the recognition as afore- Power to sail of His Majesty's dominions beyond the sets, by His Royal Proclamation under the great seal of the ion to stylu United Kingdom [issued within six months after the passing of this Act], to make such addition to the and title of style and titles at present appertaining to the Imperial Crown of the United Kingdom and its Crown. dependencies as to His Majesty may seem fit,
2. This Act may be cited as "The Royal Titles Act, 1901.”
Short title.
R. B. F.
E. C.
• Italics in print.
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