COMMENDAMS. 329 



Concerning that which might be termed commis 

 sion, his majesty took exception at the judges letter 

 both in matter and form : for matter, his majesty 

 plainly demonstrated, that whereas it was contained 

 in the judges letter, that the signification of his ma 

 jesty s letter as aforesaid was contrary to law, and not 

 agreeable to the oath of a judge; that could not be: 

 first, for that the putting off any hearing or proceed 

 ing upon any just or necessary cause, is no denying 

 or delaying of justice, but wisdom and maturity of 

 proceeding; and that there cannot be a more just 

 and necessary cause of stay, than the consulting with 

 the king, where the cause concerns the crown ; and 

 that the judges did daily put off causes upon lighter 

 occasions; and likewise his majesty did desire to know 

 of the judges, how his calling them to consult with 

 him was contrary to law, which they could never 

 answer unto. 



Secondly, That it was no bare supposition or sur 

 mise, that this cause concerned the king s preroga 

 tive ; for that it had been directly and plainly disputed 

 at the bar; and the very disputing thereof in a pub 

 lic audionce is both dangerous and dishonourable to 

 his majesty. 



Thirdly, That the manner of the putting off that 

 which the king required, was not infinite nor long 

 time, but grounded upon his majesty s weighty occa 

 sions, which were notorious;, by reason whereof he 

 could not speak with the judges before the argument; 

 and that there was a certain expectation of his ma 

 jesty s return at Whitsuntide : and likewise that the 



