House of Commons Journal Volume 1: 03 December 1606 (2nd scribe)

Mercurii, 3o Decembris, 1606

Poor.

1. Reading: - B. For Explanation of so much of a Statute, made the 18th Year of Queen Eliz. ca. 3o. intituled, An Act for setting the Poor on Work.

Beer, &c.

2. Reading : - B. To restrain the Utterance of Beer and Ale to Alehouse-keepers, not licensed : - Sir Geo. Moore, Mr. Pettus, Mr. Serjeant Barker, Sir Nath. Bacon, Sir Edm. Hext, Mr. James, Mr. Fuller, Sir Antho. Cope, Mr. Peake, Sir Jerome Bowes, Mr. Overbury, Sir Gam. Capell, Mr. Bond, Sir Rob. Johnson, Mr. Parkinson, Sir Barnard Whytston, Mr. Hyde, Mr. Townsend, Mr. Dammett, Mr. Whytston, Sir Wm. Burlacy: - Monday, Temple Hall.

Union with Scotland.

Mr. Hyde maketh Report of the Travel of the Committees, for Two Days, touching the hostile Laws-. - The Committees have agreed to consult with the Lords, touching the Abrogating of such Laws, as are set down.

That the good Laws not yet executed. -

That the Confines may be set out. -

Some Course for Trials, for the present.

Ecclesiastical Courts.

The Bill to direct some Proceedings in Causes and Courts ecclesiastical, reported from the Committee, by Mr. Fuller, with Amendments; which being twice read; was ordered to be ingrossed.

Union with Scotland.

Sir Edw. Hobby moveth, that our Labour may be reduced to the first Point of Mr. Hyde's Report; and that we may debate of the Two Matters: The One, touching the hostile Laws, for Conference; the other, touching Constitutions of Boroughs, to be debated amongst ourselves.

Much disputed, whether Constitutions were to be repealed.

Mr. Holt: - Not to be ranked amongst hostile Laws; but are Laws of Policy, and Conveniency.

Mr. Martin: - That they are hostile.

Mr. Fuller: - That they are private, and politick. - No Act of Parliament to take away that, which was not established by Act of Parliament. -

These Constitutions to be left to the Town.

Sir Francis Bacon: - That the Constitutions may be abolished. -

Lex communis volubilis est; and turns, as Time turns. Statuta, tanquam status, manibus figuntur, et refiguntur. -

These Constitutions are dead: Whether to be buried ?

This Instrument more for Opinion, than Effect. Opinio veritate major. This Instrument to remedy Conceits.

Sir Robert Johnson: - That, as these Laws begun with Discretion, so end with Discretion.

Mr. Attorney : - Constitutions of Policy, grounded upon Point of Hostility; both politick, and hostile. -

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

Sir Rob. Hitcham: - That the Constitutions do not cease by the Law.

Resolved, Touching this Point, to proceed with a Conference with the Lords.

Mr. Fuller moveth, whether Escuage should not cease, upon this Removing of Hostility: Allegeth the King's Opinion, in a Proclamation, published; reciting the Judges Opinion, that ipso facto, Escuage ceaseth. - In the Proclamation, for Great Brittaine.