COMMENDAMS. 333 



by his majesty s command was no imperious letter ; 

 as to say his majesty for certain causes, or for causes 

 known to himself, would have them put off the day : 

 but fairly and plainly expressed the causes unto 

 them ; for that the king conceived upon my lord of 

 Winton s report, that the cause concerned him ; 

 and that his majesty would have willingly spoken 

 with them before, but by reason of his important 

 business could not ; and therefore required a stay 

 till they might conveniently speak with him, which 

 they knew could not be long. And in conclusion of 

 his speech wished the judges to consider seriously 

 with themselves, whether they were not in greater 

 danger of breach of their oaths by the proceedings, 

 than they would have been by their stay ; for that 

 it is part of their oath to counsel his majesty when 

 they are called ; and if they will proceed first in a 

 business whereupon they are called to counsel, and 

 will counsel him when the matter is past, it is more 

 than a simple refusal to give him counsel ; and so 

 concluded his speech, and the rest of the learned 

 counsel consented to his opinion. 



Whereupon the lord chief justice of the king s 

 bench, answering nothing to the matter, took excep 

 tion that the king s counsel learned should plead or 

 dispute with the judges; for he said they were to 

 plead before judges, and not to dispute with them; 

 Whereunto the king s attorney replied, that he 

 found that exception strange ; for that the king s 

 learned counsel were by oath and office, and much 



