The works of Francis Bacon, lord chancellor of England.

TRACTS RELATING TO COMMENDAMS. 495
followed by the Lord Hunsdon against the Lord plea concerned the hing's prerogative, without
William Howard in chancery; which cause of consulting with his majesty first, and informningr
the king's, especially being so worthy, ought to his princely judgment, was a thing prepoieterous;
have had precedency before any cause betwixt for that they ought first to have made that appear
party and party. Also, whereas it was contained to his majesty, and so to have given him assurance
in the judges' letter that the cause of commendams thereof upon consulting with him.
was but a cause of private interest between party And for the matter, that it should be against the
and party, his majesty showed plainly the con- law and against their oath, his majesty said he
trary; not only by the argument of Serjeant Chi- had spoken enough before; unto which the lord
borne, which was before his commandment, but chief justice in effect had made no answer, but
by the argument of the judges themselves, namely, only insisted upon the former opinion; and thereJustice Nicholls, which was after; but especially fore the king required the lord chancellor to desince one of the parties is a bishop who pleaded liver his opinion upon that point, whether the
for the cormendamus by the virtue of his ma- stay that had been required by his majesty were
jesty's prerogative. contrary to law, or against the judges' oath.
Also, whereas it was contained in the judges' The chancellor stood up and moved his majesty,
letter, that the parties called upon them earnestly that because this question had relation to matter
for justice, his majesty conceived it to be but pre- of law, his majesty would be informed by his
tence; urging them to prove that there was any learned counsel first, and they first to deliver their
solicitation by the parties for expedition, other- opinions,whichhismajestycommandedthem to do.
wise than in an ordinary course of attendance; Whereupon his majesty's attorney-general gave
which they could not prove. his opinion, that the putting off of the day in
As for the form of the letter, his majesty noted, manner as was required by his majesty, to his
that it was a new thing, and very indecent and understanding was without all scruple no delay
unfit for subjects to disobey the king's command- of justice, nor danger of the judges' oath; insistment, but most of all to proceed in the mean time, ing upon some of the reasons which his majesty
and to return to him a bare certificate; whereas, had formerly opened, and adding, that the letter
they ought to have concluded with the laying he had formerly written by his majesty's command
down and representing of their reasons modestly was no imperious letter; as to say his majesty, for
to his majesty, why they should proceed; and so certain causes, or for causes known to himself,
to have submitted the same to his princely judg- would have them put off the day: but fairly and
ment, expecting to hear from him whether they plainly expressed the causes unto them; for that
had given him satisfaction. the king conceived upon my Lord of Winton's
After this his majesty's declaration, all the report, that the cause concerned him; and that
judges fell down upon their knees, and acknow- his majesty would have willingly spoken with
ledged their error for matter and form, humbly them before, but by reason of his important busi.
craving his majesty's gracious favour and pardon ness could not; and therefore required a stay till
for the same. they might conveniently speak with him, which
But for the matter of the letter, the lord chief they knew could not be long. And in conclusion
justice of the king's bench entered into a defence of his speech wished the judges to consider serithereof; the effect whereof was, that the stay ously with themselves, whether they were not in
required by his majesty was a delay of justice, greater danger of breach of their oaths by the
and therefore contrary to law and the judges' oath; proceedings, than they would have been by their
and that the judges knew well amongst them- stay; for that it is part of their oath to counsel
selves, that the case, as they meant to handle it, his majesty when they are called; and if they
did not concern his majesty's prerogative of grant- will proceed first in a business whereupon they
ingr of comimendams: and that if the day had not are called to counsel, and will counsel him when
held by the not coming of the judges, the suit had the matter is past, it is more than a simple refusal
been discontinued, which had been a failing of to give him counsel; and so concluded his speech,
justice, and that they could not adjourn it, because and the rest of the learned counsel consented to
Mr. Attorney's letter mentioned no day certain, and his opinion.
that an adjournme lntimust always be to a daycertain. Whereupon the lord chief justice of the king's
Unto which answer of the chief justice his bench, answering nothing to the matter, took
majesty did reply; that for the last conceit, it was exception that the king's counsel learned' should
Inere sophistry, for that they might in their discre- plead or dispute with the judges;'forhe said they
tions have prefixed a convenient day, such as were to plead before judges, and not to dispute
there might have been time for them to consult with them. Whereunto the king's attorney rewith his majesty before, and that his majesty left plied, that he found that exception strange; for
that point of forml to themselves. that the king's learned counsel were by oath and
And for that other point, that they should take o1 ffice, and much more where they had the king's
upon them peremptorily to discern whether the express commandment, without fear of any man's