s and constitution of this realm, it is the undoubted right and
prerogative of the Sovereign, who is the fountain of honor, to create
peers of this realm, as well in time of Parliament as when there is no
Parliament sitting or in being; and that the exercise of this branch of
the prerogative is declared in the form or preamble of all patents of
honor, to proceed _ex mero motu_, as an act of mere grace and favor,
and that such acts are not done as many other acts of public nature
are, by and with the advice of the Privy Council; or as acts of pardon
usually run, upon a favorable representation of several circumstances,
or upon reports from the Attorney-General or other officers, that such
acts are lawful or expedient, or for the safety or advantage of the
Crown; but flows entirely from the beneficent and gracious disposition
of the Sovereign. He farther says, that neither the warrants for
patents of honor, the bills or other engrossments of such patents, are
at any time communicated to the council or the treasury, as several
other patents are; and therefore the said Earl, either as High
Treasurer or Privy Councillor, could not have any knowledge of the
same: Nevertheless, if her late sacred Majesty had thought fit to
acquaint him with her most gracious intentions of creating any number
of peers of this realm, and had asked his opinion, whether the persons
whom she then intended to create were persons proper to have been
promoted to that dignity, he does believe he should have highly
approved her Majesty's choice; and does not apprehend that in so doing
he had been guilty of any breach of his duty, or violation of the trust
in him reposed; since they were all persons of honor and distinguished
merit, and the peerage thereby was not greatly increased, considering
some of those created would have been peers by descent, and many noble
families were then lately extinct: And the said Earl believes many
instances may be given where this prerogative hath been exercised by
former princes of this realm, in as extensive a manner; and
particularly in the reigns of King Henry the Eighth, King James the
First, and his late Majesty King William. The said Earl begs leave to
add, that in the whole course of his life he hath always loved the
established constitution, and in his private capacity as well as in all