320 TRACTS RELATING TO 



thereof, which his majesty commanded him to report 

 to the hoard. Whereupon the lord of Winchester 

 stood up and said, that serjeant Chiborne, who ar 

 gued the cause against the Commendams, had main 

 tained divers positions and assertions very prejudi 

 cial to his majesty s prerogative royal ; as first, that 

 the translation of bishops was against the canon law, 

 and for authority vouched the canons of the council 

 of Sardis ; that the King had not power to grant 

 Commendams, but in case of necessity ; that there 

 could be no necessity, because there could be no 

 need for augmentation of living, for no man was 

 bound to keep hospitality above his means ; besides 

 other parts of his argument tending to the overthrow 

 of his majesty s prerogative in case of Commen 

 dams. 



The lord of Winchester having made his report, 

 his majesty resumed his former narrative, letting the 

 lords know, that after the lord of Winton had made 

 unto his majesty a report of that which passed at 

 the argument of the cause, like in substance unto 

 that which now had been made ; his majesty appre 

 hending the matter to be of so high a nature, com 

 manded his attorney-general to signify his majesty s 

 pleasure unto the lord chief justice ; That in regard 

 of his majesty s most weighty occasions, and for that 

 his majesty held it necessary upon the lord of Win ton s 

 report, that his majesty be first consulted with, be 

 fore the judges proceed to argue it; therefore the 

 day appointed for the judges argument should be 

 put off till they might speak with his majesty ; and 



