House of Commons Journal Volume 1: 15 December 1606 (2nd scribe)

Lunae, 15o Die Decembris

Marshalsea Court.

COUNSEL to be heard at the Committee for the Marshalsea, upon their Meeting on Thursday.

Bathurst's Letters Patents.

2. Reading: - B. For the Confirmation of the King's Majesty's Letters Patents, made to Robert Bathurst Esquire, of the Manor of Lachelade, in the County of Glocester: Committed to Mr. Attorney, Knights and Burgesses of Glocestershire, Mr. Overbury, Sir Wm. Twysden, Mr. Bacchus, Sir Wm. Burlacy, Sir Jerome Bowes, Sir John Scott, Mr. Recorder, Mr. Oldsworth, Mr. Whyte, Mr. D. James, Sir Edw. Mountague, Mr. Tho. Fanshawe, Mr. Fuller, Mr. Crewe, Mr. Tolderby, Sir Antho. Cope, Sir John Hungerford, Mr. Martin, Sir Fr. Barrington, Mr. Brock, Sir Henry Poole, Sir Geo. Rivers : - Wednesday Afternoon.

Bourchier's Letters Patents.

2. Reading: - B. for the Confirmation of the King's Majesty's Letters Patents, made to Wm. Bourchier Esquire, of the Manor of Bardesleigh, in the County of Glocester: Referred to the same Committees.

Privilege.

Sir Tho. Holcroft moveth, that, where it is reported, that Sir Tho. Vavasor should report, that he cared not what they did in the Lower House, he knew, there would be a Stop above; he protesteth against it.

Boughton's Estate.

B. The better to enable Henry Boughton, Son and Heir of Edward Boughton, late of Cawston, in the County of Warwick, Esquire, to sell his Lands, for the Payment of his Debts, and the Advancement of himself, his Wife, and his Posterity, committed to Sir Edw. Mountague, Mr. Recorder, Mr. Hadds, Sir Henry Goodyeare, Burgesses of Coventry and Warwick, Mr. Wymark, Mr. Martin, Mr. Pettus, Sir Rol. Litton, Sir Rob. Wingfield, Sir Edw. Hobby, Mr. Holt, Sir Tho. Smyth, Sir Fr. Barrington, Sir Rob. Hitcham, Mr. Fuller, Sir Valentyne Knightley, Mr. Noye, Mr. Brook, Mr. Hedley, Sir Antho. Cope, Sir John Heigham, Mr. Duncombe, Sir Nath. Bacon, Sir Fr. Leigh, Sir John Hollice, Sir Geo. Rivers, Sir Edw. Grevill. - Temple Hall, Wednesday.

Clifton's Estate.

1. Reading: - B. For the Confirmation of Assurances made of Lands, upon the Marriage of George Clifton, Esquire, with the Daughter of Sir Antho. Thorold Knight.

Union with Scotland - Escuage, &c.

Mr. Holt stirreth the Question of Escuage, - Matter of Wardship a Fruit of the Tenure. If there be a Defect of Performance of Service, then Wardship gone. -

We shall have a free Passage for Horses, Persons, Armour, Munition, Money: What Return? - Facilis descensus Averni.

Mr. Holt urgeth, that there was Order for Escuage.

It was reported by Mr. Hyde, the last Day, that the Committees agreed to propound Escuage.

Mr. Attorney avoweth, that there was no Direction from the House, for Escuage.

Mr. Speaker did only say, upon the Report, that he did not hear it contradicted; and therefore it was ageed, but no Direction given.

Considered how it should be propounded.

Mr. Brook: - No such Union, as the Escuage can be taken away. We are Scotts, and English, still. Scotts are not become English. We are Subjects. - Not in

Sovereignty. - Parishioners of Dale and Sale. - That Case sampled. - Several Parishioners. - Not fit, at all, to propound it to the Lords.

Mr. Hedley: - If the Kingdoms be united, it remains; if they be not united, then it is gone. -

It is fit, that the Question of so great Consequence be to be decided in Parliament. To be put in Safety, how far gone, how far not gone: What military Service is now to be performed.

Mr. Recorder: - In Tenure it remains, in Payment it ceaseth. -

By Proclamation, it is declared to be gone; but if we shall confer, we shall have a Declaration, by Parliament, otherwise.

Mr. Hoskyns: - This to be revived by Message, and therefore to be deferred till after Christenmas.

Sir Antho. Cope: - That, since the Order of the House was, that it should be moved, that we should proceed to move it, being a Matter of that Conference.

Sir Wm. Strowd: - That it may be held on foot, and proposed to the Lords.

Mr. Martin: - That it is certainly a hostile Law: That it ought to be proposed. - -

To propound it to the Lords, that we have conceived the Law to be hostile; and that we shall only propound it to the Lords, to know their Opinion.

Sir Geo. Moore: - No Order, upon the Report; and therefore not to be moved. -

Quest. Whether to be propounded, as Mr. Martin moved. -

That we find it in a Proclamation, and therefore we rather propound it.

Sir Edwyn Sandys, of the same Opinion.

Mr. Attorney enjoined. to deliver it.

Set down in Writing: -

That whereas it is published to the whole Kingdom, by Proclamation, that Escuage is taken away, by the Uniting of the Two Kingdoms; wherein it is expressed, that his Majesty is so informed by some learned in the Laws; that the House, upon this Ground, hath entered into Consideration and Dispute of it, and have commanded him to make it known unto their Lordships, and to pray their Opinion and Advice in it; yet so, as they have given him no further Warrant, at this Time to reply or debate it; but to pray a further Time.