House of Commons Journal Volume 1: 18 February 1607 (2nd scribe)

Mercurii, 18 die Februarii, 1606

Marshalsea Court.

SIR Geo. Moore moveth, That, upon the Committee for the Marshalsea, the Knight Marshal desired he might be heard with Counsel. - Monday, adjourned.

Committees.

Alehouses; Utterance Beer and Ale ; adjourned: -

This Afternoon, Temple Hall,

Cavendish: - To-morrow.

Fame and Memory: - Tuesday, adjourned : Temple.

Added : Mr. Secretary Herbert, Sir Rob. Oxenbridge, Sir Herbert Crofts, Sir Henry Poole.

Forcible Entries.

2. Reading: - B. For some Addition to be made to a Statute, made in the 8th Year of the Reign of H. VI. concerning forcible Entries. -

Soham Manor.

B. For the Confirmation of Letters Patents, made to Sir Roger Aston, returned from the Committees, by Mr. Hyde; and ordered to be ingrossed, with Amendment. -

Forcible Entries.

Committee for forcible Entries: Mr. Solicitor, Sir H. Poole, Sir Edw. Grevill, Mr. Fuller, Mr. Brock, Mr. Fr. Moore, Sir Gam Capell, Sir John Heigham, Sir Rob. Oxenbridge, Sir H. Nevill, Sir Rob. Wingfield, Sir Geo. Moore, Sir Roger Owen, Sir Fr. Hastings, Mr. Serjeant Shirley, Sir Edw. Mountague, Sir Fr. Bacon, Sir Maurice Barkley, Mr. Blenco, Mr. Overbury, Mr. Forsett, Mr. Bromley, Sir Herbert Crofts, Mr. Dammett, Mr. Hyde, Sir William Strowd, Sir Rob. Johnson, Mr. Wyld, Sir Tho. Holcroft:

- Saturday, Temple,

Union with Scotland.

Sir Wm. Twysden : - Habitation, Capacity of Dignity, Capacity of Inheritance. -

Give Commerce : - Implies Habitation. -

Offices, special, and common.

Special and common. -

Moves to consider in the House, and not to refer it to the Judges; and that the Lawyers would deliver their Opinion, to rectify and direct the Consciences of the rest.

Mr. Recorder: - Whether all, born since the King's Coming, be naturalized : Whether, if it not be so, we should consent to make them so. -

No Law will allow, that you shall have Transaction of Goods, or Possessions. -

4 H. III. Writ of Dover: Provisum, That, before H. III. Time, Alien might plead in France; and so a Frenchman in England. - Provision of Counsel before a Law. -

E. II. Praerogativa Regis. - Intelligendum est, &c.

Gascoigne, Guyenne, Normandye: - Because once subject, therefore inheritable. -

25 E. III. fol. 1, of the Abridgment. Rastall.

Within the Obeysance, and Legiance, may purchase ; but many other Differences. -

For a Committee first, and then a Conference.

Mr. Attorney; - Question double : How the Law stands, touching the Naturalization of such, as are born sithence the King's Coming. -

Before the King's Coining, stood as Aliens: Now mere Naturals of England. -

Ireland mere Naturals, yet distinct.

The King can bear no Titles within his own Kingdoms, but of that Land, wherein he is. -

Earldom of Chester, &c.

Act of Parliament of England, doth not bind the Lands of Ireland, but the Persons. -

Gascoigne and Guyen, Patrimonies, descending by H. II. Wife. - The Case of a prior Alien, for Restitution of his Land. No Sword: Both by Descent. -

The King hath Allegiance, not the Kingdom. -

No Man an Alien, in respect of his Fellow Subject: An Alien. -

If all the People conspire, without the King's Consent, being in Amity, no Enmity can be. -

If both the Parents be English, wheresoever they be born, they be inheritable. -

The Scotts are naturalized in France, not with any Love to them, but to draw them from us. -

Beware, we leave them not loose, lest they be linked nearer to France than stands with our Safety. -

More beneficial to us, with Cautions, than to leave the King at Liberty. - For a Conference.

Mr. Solicitor: - Omnibus homo desiderat veritatem. Aristotle's Physicks. - Nothing fills -

Solidity, Sincerity, Conformity, in Truth : Nothing fills the Mind so well. -

Kingdoms, Empires, Subjections, are juris gentium. - Reason, Proof. - Consider of the Consequence. -

A King of Two, by Descent, though several Bodies politick, are supported by One Body natural. -

To the Body natural, supporting the Body politick. - We are tied to the Person. -

Alienus a fide. - No Matter for aliena respublica, if he be ad fidem. -

The Body politick impassible. -

Earldom of Flanders supreme Earldom. Earldom of Renault, and Holland. All came to the House of Burbon. One, living in one, might purchase, and inherit, in another.

Arragon, Castile, Lyons : - May inherit.

English, after the Conquest, inherit Lands in Normandy ; et e contra. -

Wm. Marshall, Earl of Penbrook, H. II. H. III. Time, did inherit in Normandy, because descended of Norman Ancestors, though he were never there. -

Tillet, of the Records of France. - H. II. seized all the Lands of Normans in England. - Escheat of Normandy. -

Ad fidem is the main Point. -

11 E. III Tit. Brief, Fitz. 473. Duke of Brittaine of France, Earl of Richmond in England; being ad fidem utriusque regis.

He must be alienus a fide. -

Natura civis, praestantissimus civis. Difference between Denization, and Naturalization. -

He speaketh that which he knoweth not how to answer. -

The Consequent: We do but prevent the Operation of Time: After a short Time, all will be, as now is desired. -

We give nothing but Capacity : They must acquire. Good Discretion to take the Opportunity, with Limitation.

Sir Roger Owen reciteth the Opinions. -

Umbilicus, the first Method and Order of the natural Body. -

For Conference. - If Eve had not stood hearkening to the Serpent's -

The Lords have all Four Senses, and Wisdom; we but One of Feeling. -

Caution, that the Scotts should wholly disclaim the Privilege in France.

Conclus. Innocency, in his own Nature, was never shamed.

Sir Edw. Grevill: - That we might consider of every Caution by ourselves : Of what to confer: What Cautions to add.