966 
tion, the fame (as he conceived) would 
be whether the Kinge appointeing him 
prefident and. eftablifheing a Counceil 
there, to whome he had comitted jurifdic- 
tion within the fower Shires by his inftru- 
cions figned by his owne Royall hand, 
allowed by the Lords of his privy Coua- 
fell & paffed & approved by the then 
two Chiefe Juftices of the King’s Bench 
and Comon Pleas, had don that which 
he might lawfully doe. 
‘Then. it was moved by fome of the 
Lords that the Queition might be firit 
upon the lawe, betore they medled win 
the Kings prerogative. 
W hereunto my Lord prefident anfwered_ 
that he mut make the cafe as well out of 
the kings prerogative, as out of the lawe, 
wherein he was not well feene, but there 
was the King’s Coyncell! learned, M' At- 
torney & M" Solicitor, who by fpeciall di- 
rections from the kinge, were prepared and 
appoyated to mainteyne his prerogative 
. therein, 
Whereupon the King’s Counfeil pre- 
‘fented themfelves Mi‘ Attorney fpake no- 
theing, but Sr Francis Bacon bouldly 
fpake fayeing that it was not (as he con- 
‘ceived) fitt that the Cafe or Queftion 
fhould be drawne disjoyned (that is) 
either to be. made foorthe of the tlatute of 
g4th of Hen. the 8th only or out of 
the Kings prerogative, but out of beth. 
That is, watther the kinge may by 
his owne prerogative and the fame ftatute 
give power to the Lord Prefident & 
Counfell to exercife jurifdicion w'hin the 
4. fhires, and that this fhould be the 
-queftion, as well the Lords of the Coun- 
fell, as the Lord Prefident affented. 
The queflion being written and. read to 
the Judges, they made noe anfwere. 
Whereupon the Lord Chancellor de- 
manded whether they did apree that to be 
the queftion or noe. 
Then the Lord Chiefe Juttice of Eng- 
land humbly craved pardon difclaymeing 
utterly from -yelding to any queftion:or 
giving their judgement in the fame inioe- 
much ‘as’ (though they wereunworthy of » 
their places) yet his Highnes had_ con- 
ftituted them Judges, wherein they were 
“not to deliver their opinions, but as the 
caufes and cafes fell out before them 
judicially, betweene party and party, al- 
feadaing further, that. they, before that 
tyme, knew vf noe queition,. & hoped 
they fhould not be called to anfwer any 
queftion, But if the Lord Prefident & 
inhabitants of thofe thires had any quef- 
tion, when it came judicially before them, , 
they would hsare what thei Counkell on 
” > Speeches of Bacon, Coke; and King fames. 
' -fSapy 
both fides would faye & proceed in juf- 
tice, as by oath they are bound; and 
therefore prayed that they might not be 
urged or drawn from the ccuric of judges 
in that cafe, to make a -prefident thereof 
to their fucceflors that fhould come after 
them. i 
W hich anfwere the Lords of the Coun- 
cell allowed not ; And the Lord Chancel- 
lor anfwered, that the matter propofed 
was to be confulted on by the Kinge & 
his.Councell, as a matter of ftate, and 
that the King had his Privy Cowncell, 
confiitinge of the Lords then prefent, 
and that the Judges were alfoe of his 
Councell, and to give their counfell wher 
they are called thereunto, & fworne te 
doe that as well as to the adminiftration 
of juftice, Whereunto nce reply was 
made. 
And thereupon the Lord Chamberlayne 
went for the Kinge, who prefently came 
to the counfell table, and brought the 
‘younge Prince wth him, who was feated 
upon a ftoole bye, but net at the table. 
‘Then was the queftion read, & all the 
Judges were againe, by the King, de 
manded what they thought thereof, 
Whercunto the Lord Chiefe “Juftice 
again upon his knees to his Majeftie, crav- 
ed pardon to yeld to drawe it to any 
Quettion. for the Caufe before fhowed. ta 
the Lords. 
The KixGe then fayed that the Prefi- 
dent.and Counfell of the principality and 
marches of Wales (haveing his Comiffion 
and Inftructions) are hindered in thei pro- 
ceedings by ‘prohibitions; which (faid 
he) are fought -for upon thefe grounds 
that fome of you ({peaking to the Judges) 
have fayed that they of the fower fhires 
ought not to be fubie&t to any Jurifdic- 
tion but Weftminfier Hall, and that he 
would jaye notheing to them in general] 
before he entred into his partipular Quef- 
tien; for His errand thither was cauied 
by many and continual! complaints of 
prohibitions, whereby the Jurifdiction of 
the moff,.9f his Courts’ were ealled m 
queftion;, that is, faid he, the Counfell 
in the Marches cf Wales, the Couniel} 
in the North, the Admiralty, the Court 
of Requefts, and al] his Ecclefiafticall 
Courts. . 
Soe that to fettle thofe Courts belonged 
to him, as Kinge and Monarch, by the 
fundameniall Lawes of this Realme, and 
the Realmes of Chriitian Kingdomes and 
Empires, | ; 
Firt, Although at the fir Kinges 
reigned tumultuarily, yet after the Coun- 
fel Jethro gave to Mofes, which hath 
