House of Commons Journal Volume 1: 05 December 1606 (2nd scribe)

Veneris, 5 Die Decembris, 1606

Drunkenness.

SIR Rob. Johnson offereth a reformed Bill, for repressing the odious and loathsome Sin of Drunkenness. - The first Reading, and hissed.

Shipping.

Mr. Hyde reporteth their Proceeding, touching the Shipping.

Masters of the Trinity-house, Shipwrights, and Two Merchants, to attend the Committee To-morrow in the Afternoon. A Copy of that Point, of Shipping, to be sent to them.

Sir Tho. Lowe to have that Part delivered unto him.

Union with Scotland - Escuage.

Mr. Wentworth, - touching Escuage : Whether this be a Law of Unkindness, or Emulation -

Escuage suspended, not extinguished. -

If Homage were denied, then we to go to subdue them: - Then go and subdue them.

Escuage doth make Knights Service: That is the Root. -

If a Man go in his Vantguard into Scotland, and come home in the Rear-ward, Grand Serjeantry.

Sir Robert Hitcham: - Whether Escuage discharged, or suspended only. -

Execution suspended: - The Matter remains.

No Voyage royal against a Subject. -

Fitzh. - When the King goes to make War. -

8 R. II. continual Claim. A Case adjudged: If a Man were in Scotland, and not make his Claim within a Year, his Land is gone. -

Where Things may by Possibility be severed, the Law doth not extinguish. -

Wales: - The Service suspended. - Best not to proceed.

Sir Henry Poole: - The safest way, to leave the Question.

Sir Roger Owen: - l. The Etymology of the Word. - Epiphanius the first, that named Scotts. Then called Scoti, not of the English Saxon Word, Scuters; but of Scotios, Darkness, in Greek.

2. Escuage. In foreign Parts, a Payment only; but the Leaf, not the Tenure. -

All the Stories; Medes, Persians, Romaines; not above 400 Years before Christ. -

Scotland never subject to England. -

King of Scotland hath the Earldom of Huntingdon, and other Earls.-

Baliol did confess himself Homager, King E. III. conquered Scotland. -

No Author, English, writeth, that Scotland was subject to England. -

At the Time of the Conquest, no Socage, nor such Tenure : Clintela, only by way of Protection. No mention of Tenures in Civil Law Books. -

Ingulphus, the Abbot of Crowland. - In King Edw. the Confessor's Laws, mention of Socage Tenure: There the Book is to be seen. -

King of England hath greater Power over our Bodies, than our Goods; King of France, over the Goods, than the Bodies. -

That we should confer with the Lords about it: That we may understand the Judges Opinion.

Mr. Holt: - Escuage, in the Word, Servitium scuti; in the Extent, all military Service. -

Escuage, in Case of Hostility within the Seas; not in Case of Rebellion; not in Case of foreign War.

Mr. Hyde: - The Tenure remains: Payment ceases. -

What we can get; what we are likely to get. - To no End, to debate it with the Lords. Left for this Day.