Page:The Wentworth Papers 1715-1739.djvu/244

 228 THE WENTWORTH PAPERS.

to be for the honour of the house to let any set there so long without any right, the Duke of Buckingham gave that up and said there was presidente of Lords setting in there house for tweenty [years?], and after, upon examination of their patents, have been turn'd out. Lord Treasurer spoke for the Duke of Hambleton, said they were a court of judicature, and sat there to do right according to the Laws in being, and this was a question of Law, and they were not to considere of the conveniance or inconveniance now, but whether by right his patent was not good ; so he desired the opinion of the judges might be asked as the law now stood whether the Queen could not grant such a patent. This was seconded by my Lord Steward ; Lord Wharton and Sunderland opposed having the Judges' opinion ask't, for 'twas a matter of their preveledges, had nothing to do with that. Lord Keeper made a very fine speech and show'd that as 'twas matter of Law 'twas always the costome to ask the judges' opinion, and that when they had ask't their opinion they might determine as they pleased as to their previledges, and said the most of any body as to the Validity of the patent. The question they wou'd have ask't the judges was to this effect — If by any act of Parliament the queen was disabled from making one that was a Peer of Scotland before the Union, a Peer of great Britain. The Duke of Buckingham said he must observe when ever people were against asking the Judges' opinion they knew the Law was against them. My Lord Keeper rise up again to confirm what my Lord Marr had said, appealing to the Commissioners of the Union, whether 'twas not at that time understood by them all that the Queen's prerogative remain'd as it were before the Union; for when 'twas objected by some of the Scotch, that the article where the sixteen Peers were stipulated for might seem to debarr any of them being made Peers of Great Britain, they were told the Queen's Prerogative wou'd be still the same, wch was the chief inducement to them to agree to be represented by so small a number. Lord Keeper said as he was a commissionar he did believe they all took it so, then, and for his part he thought so till. They argued a long while to the question [to be] ask't the

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