Page:The Wentworth Papers 1715-1739.djvu/255

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time and comply'd with. He said 'twas a matter of such consequence that he hoped lords wou'd come to some reso- lution that their books might be search't, to see if there was any precident, but he wou'd not prescrib to them, but he thought they might appoint a committee immediatly to in- spect them ; and if there was no such precident found he did believe her majesty wou'd thank them for doing their duty to her and themselves in endeavouring to be rightly inform'd, and did not doubt but they wou'd find her majesty wou'd readily recall her command. My Lord Rivers the mean while Lord Sommers Avas speaking went about from one to t'other of the Court sides saying they shou'd not suffer it to be debated. Lord Scarsdale rise up and said he hoped no Body wou'd mind what that lord had said, but comply with her majesty's desire and adjourn forthwith, and therefore his motion was for adjourning. Lord Carmarvine said he seconded that Lord's motion to adjourn. Lord Notingham said sure Lords wou'd not be in such hast in such a matter that so nearly concern'd their Constitution, and he cou'd not but observe as had been observ'd before by another noble lord, there cou'd be no president found for the like, and 'twas an known and good maxime in the law that what never had been ought never to be ; nobody had more duty for her majesty then he, and shou'd ever show her more respect, and let people cast what reflections they pleased upon him, he wou'd always perform the part of an honest man. Such a command ought never to be sent to either house separatly, but if to either 'twou'd me more tollerable to the house of Commons, for they were not a court of judicature ; the house of Lords were judges of meum and tuiim, and there ought to be no stop in matters of justice ; there were several private causes appointed to be heard between this and the time the house of Commons were adjourn'd. Lord Ferrars said he desired to answere that Lord who lay it down for a maxime that what never had been done ought never to be done, that everything had a begining, if othcrways it wou'd be in vain to search for precedents ; but this was no extraordinary exercise of the prerogative, for the Queen's desire was that they wou'd

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