Page:The Wentworth Papers 1715-1739.djvu/243

 LETTERS OF PETER WENTWORTH. 22/

answere, but was to suppose what objections were to be made; they exspaciatcd much upon the undoubted prerogative of the Crown in the creation of all honours, and laid it down as a maxime in the Law that the Crown cou'd loose no prero- gative that it had not given up by some express words in an Act of Parliament, and that the subject cou'd not be debar'd from any right but express words. There was no express words in any of the articles of Union but a Scotch Peer might be made a peer of great Britain ; if their being to be represented by sixteen shou'd be interpreted as a bar, 'twou'd put them into a worst condition then the meanest of her Majesty's subjects. After the Counsell was order'd to with draw there was a long pause, and seem'd as if every lord was loath to begin, at last Lord Jernsey began, with an apology that no man cou'd be more for the just prerogative of the Crown, and that he shou'd be very ungratefull if he was not, for 'twas by Majesty's grace and favour that he sat there ; but he thought it no complyment to so just a Queen to tell her the prerogative went beyond the Laws. He said the Duke's counsil had truely gone upon supposes, for nobody cou'd deny but the Queen might create him Duke of Brandon, but since the articles it cou'd not give him a vote there, for there was express words that the nobility of Scotland shou'd be represented by sixteen, and the rest shou'd enjoy all the previledgcs of Peers but Voting in that house and setting at the Tryal of Peers. He made a very long speech, but this was the substance of the whole. Then Lord Abington spoke and desired that the orders of the house might be read, and they wou'd find upon their books that the Duke of Queens- borough was introduced into the house Duke of Dover, and that for three year he had sat and voted there as such without dispute ; the only dispute was whether he cou'd have a voice in the Election of the sixteen and 'twas determin'd he cou'd not, wch was a farther acknowledgement of his being a Peer of Great Britain. My Lord Jernsey and Lord Sunderland answered him to the effect that the word in the books claiming as Duke of Dover show'd 'twas a case never desided, only connived at for a time. Other lords [said] that did not seem

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