House of Commons Journal Volume 1: 28 February 1607 (2nd scribe)

Saturni, 28o Die Februarii, 1606

Northleach School.

B. For the Founding and Incorporating of the Free Grammar School in the Town of Northlech, &c. - Mr. Secretary Herbert, Sir H. Nevill, Sir Jerome Horsey, Burgesses of Oxford, Mr. Oldsworth, Sir Rob. Johnson, Sir Chro. Perkins, Mr. Solicitor, Mr. Lieutenant, Sir H. Poole, Sir Wm. Burlacy, Mr. Bacchus, Mr. Overbury, Mr. Percyvall, Sir John Bennett, Sir Roger Owen, Sir Rob. Wingfield, Mr. Nicholas, Sir Tho. Smyth, Mr. Brook, Sir John Heigham, Sir Fr. Goodwyn, Sir Fr. Barrington: - Wednesday, Chequer Chamber.

Injuries from Spanyards.

Committees appointed for the Spanish Business, touching Letters of Mart: The King's Privy Council, the King's learned Counsel, Sir H. Nevill, Knights and Burgesses for London, Sir Geo. Moore, Mr. Lieutenant of the Tower, Sir Edw. Sandys, Sir Tho. Crompton, Sir Rich. Hawkins, Sir Chro. Perkins, Sir Rob. Oxenbridge, Burgesses of Port Towns, Sir Fr. Barrington, Sir Rich. Bulkley, Sir Rob. Cotton, Sir Rol. Litton, Sir Lewys Lewknor, Sir Rich. Lovelace, Sir Roger Aston, Sir Herbert Crofts, Sir Rich. Haughton, Mr. Dudley Carleton, Sir John Hubbard, Sir Rob. Mansfield, Sir H. Carey, Sir Walter Cope, Sir Antho. Cope, Mr. Tate, Mr. Brook, Sir Maurice Berkley, Mr. Fuller, Sir Jerome Horsey, Sir Roger Owen, Sir Nath. Bacon, Sir Tho. Smyth, Sir Tho. Lake, Sir Edw. Hobby, Mr. Nanton, Mr. D. Steward, Sir Wm. Strowd, Mr. James of Bristowe: - Tuesday, Parliament House.

Marshalsea.

Marshalsea: - Monday.

Privilege - a Prisoner liberated.

Mr. Wentworth moveth touching Sir Chro. Piggott.

Mr. Speaker: - That his Majesty taketh Notice of the Petition for Sir Chro. That out of an ill Cause there may grow to good Effect. As he had rashly, unadvisedly done - Then a Silenee drew some Coastruction. - His Majesty's Conceit far from the Opinion to Allowance in any Member. - Another Cause of Forbearance, in that no Interruption to the Business in hand. - Since more absolutely satisfied.

1. Particulars rather in Oblivion.

2. In not charging Particulars.

3. That they did proceed to the Height of Justice.

4. That they have forborn to proceed, till his Majesty might take Notice. -

That, as in the last Session, he hath taken true Heart's Content in the Manner of Subsidy, and gave Thanks; so, in this unhappy Business, he pleaseth himself so well, as he hath sent Thanks. As we have proceeded in Judgment against him, so he will not assume to himself any Power, but leave it to the Judgment of the House, for Mercy; and, if they think good, that he may . . taken from the Prison, and disposed in some Place for his Health.

Moved by Mr. Duncombe, that he might be restored.

Ordered, That he should be delivered, but not restored.

Union with Scotland.

Sir Fr. Bacon maketh Report of the Proceeding . Excuseth himself. - Want of Health : - Not hearing. - Lines and Frames of the Matter. -

Matter of Inducement, Argument. The first upon the weakest. The Office of Introduction partly to clear the Way, partly to direct the Way. -

Opposition in ourselves. - Proclamation. -

We do that, - that Nation beholding to our State, than our Laws. -

The Law a dead Thing : Cannot impart Favours. - Some Coherence with an honourable Man's Speech. - Consultations, ever of Things past. Quest. de vero, not de bono. - As a Court, not a Council. - Of Insatisfaction of our Judgment, not Indisposition of our Will. -

Proclamation. -

Not the King's principal Intention: - Not upon any Judgment, but of Opinion of skilful. -

Proclamation cannot declare, no more than ordain. -

Proclamation wrought Respect in Argument: No Byword. -

In novo casu veritas est tanquam germen, quod spiritu humano magis et magis afflatur, et aperitur. -

The Law of England no jealous or dissocial Law: Did invite other Helps. Question of any Science, Consultation with several Artists. -

Distribution into Inducements, and Proof. - Law of Nations, Precedents, Civil Law. This was their Order, if their Lordships did approve it. -

The - it should not be altered: It could not be amended by Two great Persons. -

Law of Nation. - Like [a] to fall into that Law. Deficiente lege, recurrendum - No Statute, no express Common Law. This Case, by a kind of Lapse, fell into the Mother Law. -

Seven Reasons :

1. Difference of Times. Ab antiquo States were no more but Heaps of People : Policies were not framed. Then Subjection - Naturalization : Since more regular.

2. Inequality. If by our Law they, by theirs not we; we should be concluded, within ourselves, and excluded.

3. Extent of the Reason. - Not only to Scotland, but all. 30 several Kingdoms out of Rome, within this 100 Years. - Sometimes rend, sometimes, glew. - Eleven. - Six. - Accidents, of Times, alter.

4. A further Inequality: We should be tyed to all Taxes, &c. they only to Defence.

5. The Over-bounty of Naturalization in England, In others, jus domicilis, jus petitionis, jus provinciae, jus tribus.

6. That by Charter; that by Law. Much Caution in the One.

7. All the Reasons, concerning Concurrence, extend as well to ante-nati, as post-nati.

Conclus. - Better than Aliens, but not equal with naturalized. -

Precedents of History his Memory could not carry. - Leave Names, Stories, -

Sir Roger Owen - Three Points:

1. In all Precedents of the Roman State, Arist or Monarchy, whether any by Conquest, Marriage. Never any naturalized ipso jure, but by Charters, or Constitutions : But not to Adrianus.

2. Avoidance of Naturalization in the Kingdom of Spaine. After the King -

Union since rather a first Remitter, than any Union.

3. The fresh and recent, the Match between the Scottish Queen, and the French Francis the 2d. - No Naturalization de jure; but by Treaty, how far, how long. -

Civil Lawyers - Two Heads:

1. Fam. Rule of Law, touching Unions. Cum duo jura concurrunt in una persona, aequum est, ac in diversis. -

Exempled: A Parson of Two Parishes. - No Privity -

The Court of Flanders and Brabant, and Artoys. The former, as Vassal to France; Artoys imperial. Question, Whether he might contract with England, having Wars with France: Resolved, he might, notwithstanding our Wars. -

Unions, either by Subordination, Incorporation, Obedience. -

In the First, Privilege imparted. - The Form of Civil Estate -

Incorporation, Privileges communicate. Make a Cession : Superinduced a new Form: The old Form wholly cease. -

Obedience, no new Form: Union, secundum quid: , Retinent their old. - Unum, et unitum. -

The Lords - Inducement, Argument. -

1. A grave and gracious Reducement: Merely legal, and not politick. - As he was ever of Opinion, that the Fruits of our Fortune, to impart in Matter of Commerce ; so the Fruits of our Thankfulness, to impart our Greatness. -

Sapiens contentio aut prodest, aut non obest, - He was loth to divert from the proper Question. -

Six Speeches:

1. This Matter not merely res integra; partly engaged. - By Proclamation; though it bindeth not, yet it foundeth; By the Opinion of the Commissioners; though but propounded, and not expounded : By the Act of Recognition.

2. This must needs have a deep Influence. They are only Sons. - Ob. to the Father, but Brothers. - Not only to one LL. but Fellows.- - The heavenly Jerusalem.

3. A Comparison. - Body natural. Body politick. - Many Things - Unity : The Sinews, Ligaments; the Laws. -

The Blood, Commerce. -

The Soul the chief. The Laws, One Spirit: Anima legis, that doth inspire them both.

4. No Authority in the Civil Law, in terminis terminantibus.

5. Much Varieties in Acts of Estate. Such Confusions in concluding, and excluding, not easy to be discerned.

6. Reasons of Inequality was Matter of Conveniency, and yet a great Time, before it would be seen. Remedies would grow, haply, as fast as the Diseases.

Monday.

Eight a Clock, ordered for all to come on Monday.

Tomson.

Tomson: - This Afternoon, in the former Place.

Trelawny

Trelawny - Passed, upon the Question.

Fens.

Two petitions preferred to Mr. Speaker, against the Bill of Fens, by the Inhabitants of some adjoining Counties, where the Fens lie.