House of Commons Journal Volume 1: 21 February 1607 (2nd scribe)

Saturni, 21o Die Februarii, 1606

St. Savior's Southwark.

1. Reading: - B. For the Strengthening, Explanation, and Enlarging of an Act of Parliament, made in the 32th Year of the Reign of King Henry the Eight, of famous Memory, for the Incorporation of Six or Four Churchwardens, in the Parish of St. Savior's in Southwark.

Trelawnye's Estate.

2. Reading: - B. for further Assurance to the Purchasers of certain Lands, late Sir Jonathan Trelawnye's Knight, deceased, &c. Committed to Sir Maurice Berkley, Sir John Ackland, Sir Wm. Cook, Sir Herbert Crofts, Sir Warwick Heale, Knights and Burgesses of Cornwall and Devon, Mr. Martin, Mr. Prowse, Mr. Chro. Brook, Mr. Overbury, Mr. Fuller, Mr. Brock, Sir Valentyne Knightley:

- Thursday Morning, Committee Chamber.

Tomson's Estate.

1. Reading: - B. To enable the Committees of Robert Tomson, of Crawley in the County of Bedford, Esquire, being a Lunatick, with the Consent of the Master of the King's Majesty's Court of Wards and Liveries, to assign a Jointure out of the Lands of the said Rob. Tompson, to such Wife, as John Tompson, Son and Heir apparent of said Rob. Tompson, shall marry.

Union with Scotland.

Mr. Brock reporteth the Proceeding of the Committee. - They came not till Four. Question, who should begin. -

Mr. Attorney began. - 1 Reason, from the Generality of the King's Dominions, in what Part soever. -

Conquest of Turney. - 5o Eliz. Lord Dyer. A Case there. -

27 Ass. pl. 48. a Judgment. - Desired, the Case might be read. -

Answ. by Mr. Crewe: That Case did not prove, because a Seizure in Time of War. The Black Prince lay in Gascoigne. -

No Proportion. There was a Certificate from Gascoigne into England. -

Divers Statute Laws. -

37 E. III. cap. 16. The Bodies Coucher Merchants in Gascoigne arrested. -

28 E. III. The Gascoignes bound by the Laws of England.

Sir Roger Owen -

Mr. Attorney: - The Case of Gascoigne not like these Cases. -

Quest. Whether, if the King be possessed of a Parcel, he is seised in jure coronae, he is not King there. - Answ. In several Rights.

Case of Normandye, and Aquitaine, differ: The one by Conquest, the other by Descent. -

No Law binds the real State in Gascoigne, but the Persons only.

Sir Fr. Bacon: - The Way of the unwilling in a Hedge of Thorns. -

Absolute Duchies in Italie, France. -

They may coin Monies, grant Tastes, make Laws; yet a Dependency. -

The Courts of England had rather encroached upon the State in Ireland, than the State really subject.

Mr. Solicitor: - Priors Alien had no Cause of Seizure, but in Time of War. -

The Laws of England were proclaimed in Ireland, and therefore to be observed. -

In the Isle of Man no such Proclamation, therefore another Law there. -

Only the King's Counsel spake on that Side. The Case did not prove, that Gascoigne was in the Allegiance. -

Not of a Prior Alien, but of an Alien, who hath no Capacity, but to the King's Use, if he purchase. -

E. I. seized all the Possessions of the Priors Alien. -

Commission out of the Chancery of England into Gascoigne. -

8 H. VI. - The great Seal of England had Power to send to Jersey, to the Ise of Man. -

36 H. VIII. - Cannot be by Patent, but by Act of Parliament. - Necessary to define Naturalization -

A Scottish Man had Issue, a Son in Scotland, another in England: One shall inherit in Scotland, and another in England.

Sir H. Poole: - That the Entry was mistaken. - Was only, touching Point in Law.

The Meeting continued till this Afternoon, at Two a Clock.

Much disputed, whether we should speak of Conveniency, before the Law, touching Naturalizing, be determined.

Judgment, not without a Bill; Opinion, without a Bill.

The same Arguments for such, as were born since, prove for them born before.

Marshalsea Court.

Added to the Marshalsea Committee: Sir Tho. Knevett, Sir Edw. Grevill, Sir Bernard Whytston, Sir Edw. Hobby, Sir Rich. Mullineux, Sir Fr. Popham, Sir Tho. Holcroft, Sir Fr. Barrington, Sir Lewys Lewknor, Sir Tho. Mounson, Sir Roger Dallyson,

Logwood.

1. Reading: B. For the utter Abolishing of Logwood, alias Blockwood, and for the Prohibiting of the same to be imported into this Kingdom, or used within the same.

Leave of Absence.

Nicholas Spray, Gentleman, Burgess for the Town of Bodmyn in Cornwall, is licensed by the House to travel into the Country, and to dispatch his Business at the Assises, for his Clients Causes; with Commandment to return presently after the Assises.