House of Commons Journal Volume 1: 28 February 1607

Saturni, 28o Februarii, 1606

Northlech School.

L. 2a. B. FOR the Founding and Incorporating of a free Grammar-school in the Town of Norlech, in the County of Glocester, was the second time read, and committed to Mr. Secretary Herbert, Sir Francis Barrington, Sir Henry Nevill, Sir Jerome Horsey, the Burgesses of the Town and University of Oxford, Mr. Oldsworth, Sir Robert Johnson, Sir Chro. Perkins, Mr. Solicitor, Mr. Lieutenant of the Tower, Sir Henry Poole, Sir William Burlacy, Mr. Bacchus, Mr. Overbury, Mr. Percyvall, Sir John Bennett, Sir Roger Owen, Sir Robert Wingfield, Mr. Nicholas, Sir Thomas Smyth, Mr. Brook, Sir John Heigham, Sir Francis Goodwyn: - To meet on Wednesday next, in the Exchequer Chamber.

Injuries from Spanyards.

Motion made, that a special Committee might be named, to consider of that Relation in Writing, as also of the Petition, which were the last Day exhibited, in the Name of the Merchants of London, touching the Cruelties and Wrongs of the Spaniard ; and what Course were fittest to be taken, for Satisfaction of the Parties interessed, and Repair of the Wrongs.

Upon the Motion, the House was pleased to name, to that Purpose, all the Privy Council of the House, the King's learned Counsel, Sir Henry Nevill, Sir Francis Hastings, the Knights and Burgesses of London, Sir Geo. Moore, Mr. Lieutenant of the Tower, Sir Edwyn Sandys, Sir Thomas Crompton, Sir Richard Hawkins, Sir Chro. Perkins, Sir Robert Oxenbridge, the Burgesses of all Port Towns, Sir Francis Barrington. Sir Richard Bulkley, Sir Robert Cotton, Sir Roland Litton, Sir Lewys Lewknor, Sir Richard Lovelace, Sir Roger Aston, Sir Herbert Crofts, Sir Richard Haughton, Mr. Dudley Carleton, Sir John Hobart, Sir Robert Mansfield, Sir Henry 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 Thomas Smyth, Sir Thomas Lake, Sir Edward Hobby, Mr. Nanton, Mr. D. Steward, Mr. James of Bristowe, Sir William Strowd: - To meet on Tuesday next, in the Parliament-house.

Privilege- a Prisoner liberated.

Upon the Motion renewed for the Enlargement of Sir Chro. Pigott, Mr. Speaker delivereth from the King, that his Majesty had taken Notice of the Motion and Petition in his behalf; and said, that out of an ill Cause there might grow a good Effect: That the Speech was very rash and unadvised at the first, and that the Silence of the House might have bred some Conceit; but his Majesty is far from Opinion, that it received Allowance from any Member in the House; interrupting it always, that the Cause of their Forbearance was, lest it might be any Interruption to the Business in hand.

But since he is more absolutely satisfied with their Carriage : 1. In that they have not charged him with Particulars, but have put the Words in Oblivion: 2. That they have proceeded against him to the Height of Justice: 3. That they have not been willing to meddle with his Enlargement, until he might take Notice of it: That, as in the last Session he had taken true Heart's Content in the Manner of granting the Subsidy, and for that did think them well deserving his Thanks: so in this unhappy Business he pleaseth himself so well, as he hath also by him sent them Thanks.

For the Motion, as at the first he conceived, they proceeded to his Punishment with great Judgment, so will he not now assume to himself any Power, but leave it to the same Judgment for Mercy ; and, if they think good, wisheth, he may be freed from the Prison, and dispose himself in some fitter Place for his Health.

Upon this ensued a Motion, that he might be restored to his Place in the House again ; which was not assented; but presently ordered, that he should be enlarged ; and a Warrant directed in this Form:

THIS Day, upon Motion made to the Commons House of Parliament for Favour and Mercy to be extended towards Sir Chro. Pygott Knight, late One of the Members of the said House, and by the Judgment of the House, for rash and scandalous Words, committed to the Prison of the Tower, and there now remaining; the House is now pleased, and it is so ordered, that he be forthwith freed and enlarged from his said Imprisonment, and be at Liberty to dispose of himself in some fitter Place, for the Recovery of his Health, now much impaired by his Restraint, notwithstanding any former Order or Commandment to the contrary.

Directed :

" To my very loving Friend Sir William Waade Knight, Lieutenant of the Tower of London. "

Conference reported.

Sir Francis Bacon making Excuse for his Absence the Day before, when, by Commission of the House, he should have made Report of the Proceedings at the Conference, doth now enter into it, Point by Point; but being very long, consisting of many Divisions and Particulars, and interlaced with much Variety of Argument and Answer on both Parts, the Time would not give him Leave to finish; and so was deferred till Monday following.

Trelawnye's Estate.

L. 3a. - B. For further Assurance to the Purchasers of certain Lands, late Sir Jonathan Trelawnye's, Knight, deceased, &c. being the third time read, upon Question, passed.

Privilege.

A Letter written by Mr. Speaker to the Justices of Assise for the County of Devon, in Behalf of Mr. John Bond, One of the Members of the House, for Stay of a Trial, in this Form :

My very good Lords,

IT hath been informed in the Commons House of Parliament, that One John Pincombe hath taken down a Writ of Nisi prius, for a Trial to be had in the Castle of Exceter in the County of Devon, at the Assises now to be holden, in an Action of Trespass, between him the said John Pincombe, as Plaintiff, and one Tooker, Servant to Mr. John Bond, One of the Members of the said House (whom, the Cause in Point of Interest, principally concerneth) Defendant; and because, at this Time, his Majesty hath specially interposed his royal Pleasure for the Attendance of all the Members of the House, and the House itself hath thereupon made a precise Order in that Behalf; upon the Motion of the said Mr. John Bond, the House hath thought fit, that a Stay be made of the Proceeding of the said Trial, and have commanded me to signify their Order unto you accordingly; fearing, lest the Cause might receive some Prejudice by his Absence, or withdraw his Attendance from this great Service, which is the principal Care of his Majesty, and the House, to prevent. From Boswell-house, this 28th Day of February 1606.

Your assured loving Friend.

Directed :

" To the Right honourable Sir Tho. Fleming Knight, Lord Chief Baron of his Majesty's Court of Exchequer, and Sir Lawrence Tanfield Knight, Justices of Assise for the County of Devon, or to either of them."

Union with Scotland.

Sir Edw. Sandys' Seven Reasons in the Point of the Law of Nations: Reported 28" Februarii, 1606. by Sir Francis Bacon, as the Argument of Sir Edwyn Sandys at the Conference with the Lords [a].

Inducement.

THIS a Case of the Law of Nations: There is no Statute Law for it: no express Common Law; and, deficiente lege, recurrendum (id consuetudinem; deficiente consuetudine, recurritur ad rationem: Therefore this Case, by a Kind of Lapse, fallen into the Mother Law of all,

For this, his Speech parted itself into Seven Reasons :

1. Difference of Times: Ab antiquo non fuit sic. States were then no more but Heaps of People; Policies were not framed, nor distinguished; then Subjection made a Naturalization: Sithence, Kingdoms are more distinct, more formal, more regular.

2. Inequality of our Laws and theirs. All Laws in the first Institution were equal. If by our Law they should be naturalized, and we not so by their Laws (as it said we are not) this very unequal and unreasonable : We should be concluded within ourselves, and excluded by them.

3. The Extent of the Reason for this Case extends not only to Scotland, but to all other Kingdoms, which by the same Means shall be acquired: Kingdoms sometimes rend and divide, and after glew again. -

Out of Rome sprong Thirty Kingdoms: Within these 100 Years, Eleven Kingdoms in Europe; now but Six. Accidents of Time do alter Governments, and add unto them,

4. A further Inequality: We should not only be tied to Defence, but also to all Taxes, Impositions, &c. they only to Defence.

5. The Over-bounty of Naturalization in England: It containeth all Privileges of a Subject ; in other Countries, several Degrees; Jus domicilii, vel civitatis; jus Latii; jus provinciae; jus tribus; jus petitionis; vel honorum, &c.

6. In others by Charter, wherein much Care, Caution, Restriction; this by Law.

7. All the Reasons of Concurrence reach as well to ante nati, as post nati.

Conclus. - That they are better than Aliens, but not equal with natural Subjects.