House of Commons Journal Volume 1: 03 December 1606

Mercurii, 3o Decembris, 1606

Bastards.

L. 1a. B. FOR Explanation of so much of a Statute made the 18th Year of Queen Eliz. cap. 3o. (intituled, An Act for setting the Poor on work) as concerneth the Punishment of reputed Fathers and Mothers of Bastards.

Beer, &c.

L. 2a. B. To restrain the Utterance of Beer and Ale to Alehouse-keepers not licensed : - Secondly read, and committed to Sir Geo. Moore, Mr. Pettus, Mr. Serjeant Barker, Sir Nath. Bacon, Sir Edw. Hext, Mr. James, Mr. Fuller, Sir Antho. Cope, Mr. Peake, Sir Jerome Bowes, Mr. Overbury, Sir Gamaliel Capell, Mr. Bond, Sir Robert Johnson, Sir Barnard Whitstone, Mr. Townsend, Mr. Dammett, Mr. Parkinson, Sir William Burlacy, Mr. Hyde: - To meet on Monday next, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Union with Scotland.

Mr. Lawrence Hyde maketh Report of the Travel of the grand Committee, for Two Days, in the Point of hostile Laws, contained in the Instrument; and said they had

agreed to consult with the Lords, touching the Abrogating of such hostile Laws, as were set down ; and Motions made, to be offered to the Consideration of the House.

1. That the good Laws: not yet executed, might be put in Execution.

2. That the Confines might be set out.

3. That some Course, for the present, might. be thought on for Trials.

Ecclesiastical Courts.

Mr. Fuller reporteth from the Committee, the Bill to direct some Proceedings in Causes and Courts ecclesiastical, with Amendments; which being twice read; the Bill, upon Question, ordered to be ingrossed.

Union with Scotland.

Moved, and disputed, whether private Constitutions of Boroughs, implying Matter of Hostility, were by this general Law to be abrogated.

Pro. - Laws private, of Policy, and Conveniency; not established by Act of Parliament; therefore not to be taken away. -

These Constitutions to be left to the Town that made them. -

They began by Discretion, let them have End by Discretion.

Contra. - Lex communis volubilis est; and turns as Time turns. -

Statuta, tanquam statuae, manibus figuntur, et refiguntur. -

Constitutions of Policy, grounded upon Point of Hostility : - Both politick and hostile. -

The Constitutions dead; Quest. whether to be buried. -

The Constitutions do not cease by the Law; ergo.- -

Since we all meet to unite, let it not be in the Power of One particular Town to sever.

Resolved, in this Point of hostile Laws, to proceed in Conference with the Lords.

Moved, whether Escuage should cease by this Abrogating of hostile Laws.

The Words of the King's Proclamation touching the Name of Great Britaine, cited ; where the Opinion of the Judges [a] is alleged, that ipso facto Escuage ceaseth.