Page:The statutes of Wales (1908).djvu/77

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INTRODUCTION
lxxiii

The matter came to a head on November 3, 1608, when the Privy Council, with the Judges of England, met to decide whether James the First could by his own prerogative, and the statute of 34 Henry 8, c. 26, give power to the Lord President and Council of the Marches to exercise jurisdiction within these counties. The case was argued for six days. Coke led for those who denied the King's prerogative, and Bacon appeared for the President and Council. The Judges refused to decide the questions submitted to them, stating that if the matter came before them judicially, they would determine it to the best of their ability. It was during this controversy that Coke upheld the reputation of the English Bar for independence. There was great wrangling between him and King James. The Judges were consequently given time to reconsider the matter. Their written opinion was given on February 3, 1609, but it was never published.

The point of greatest interest in the history of the Council is its relation to the central and local authorities. It was subordinate to the Privy Council and closely connected with the Star Chamber. It exercised a considerable measure of control over local Courts and local officials, especially over sheriffs and justices of the peace, and was thus a link between the central and the local government, facilitating thereby the working of the new institutions created for Wales by the legislation of Henry the Eighth.

The Council of the Marches was also useful in carrying out the administrative work of the Privy Council. The administrative duties of the Lord President and his colleagues were extremely varied. Besides its military and economic functions, the Council was utilized for many other purposes. Proclamations were sent down to the Lord President for publication in Wales and the Border; he was expected to suppress false and seditious rumours, and to strengthen the hands of the Government in every possible way. Among the miscellaneous duties devolving