House of Commons Journal Volume 1: 04 December 1606 (2nd scribe)

Jovis, 4 Die Decembris, 1606

Baro's Nat

1. Reading - B. For the Naturalizing of Peter Baro, alias Baron, Doctor in Physick, and Mary his Wife.

Cavendish's Nat.

2. Reading : - B. for the Relief of Mary Cavendish, Widow: - Sir John Fortescue, Sir Rob. Wingfield, Sir Fr. Barrington, Master Attorney, Sir Mich. Stanhope, Mr. Serjeant Barker, Sir Edw. Hobby, Sir Fr. Hastings, Sir Edw. Grevill, Sir Tho. Smyth, Sir Tho. Lowe, Sir Nath. Bacon. Sir John Heigham, Sir John Hubbard, Sir Fr. Goodwyn, Sir Tho. Beamount, Sir Antho. Cope, Sir Wm. Liggon, Mr. Irby, Sir John Boys, Sir Chro. Hatton, Mr. Wentworth, Sir Fr. Bacon, Mr. Pettus: - Tuesday,

Chequer Chamber.

Union with Scotland.

Mr. Hyde reporteth the Proceeding of the Committee, touching Commerce. -

The Merchants called before them, and examined in the several Reasons.

1. The Merchants desired a Copy of so much, as concern Commerce.

2. The Merchants to bring in Writing their Exceptions, and Reasons, on Monday in the Afternoon.

3. The Merchants of France bribed by the Scottishmen, that they may conceal their Immunities and Privileges. - The Merchants. -

Q. Whether these Three Things to be pursued: - Resolved.

The Committee to proceed, in the mean time, between this and Monday.

Ditto.

Sir William Morrice informeth, that Escuage was no Impediment, when Walshmen became English. -

Compositions, being voluntary, made perpetual; as in France, and other Places. -

Whether Escuage grounded upon the Common Law, or Statute Law. -

If Scutage be nothing but Matter of Aid, then no hostile Law.

Hydagium, Carcuagium; a Subsidy imposed; therefore no hostile Law.

Mr. Moore: - Escuage, upon a Voyage royal, when the King goeth in Person, to subdue the Scotts. This Conjunction taketh away Escuage. -

The next Parliament shall assess, what those, that are absent, should pay towards the Voyage. The King can never make such a Voyage.

Mr. Overbury: - Out of the Land, for Wages; in the Land, without Wages. -

The King goeth to subdue them, as his Subjects; not to make War, as Enemies : Therefore Escuage doth continue. -

Trials of Scottishmen, non per medietatem linguae.

Mr. Recorder: - Escuage a Tenure, Knights Service, before the Conquest, had his Ground, Servicium scuti. Knights Service consisteth in Escuage. -

If an Infant, and cannot attend in Person, no Service; then the Wardship due to the Lord, -

Escuagium Scotiae, Escuagium Walliae, Escuagium Poictiers. E. I. subdued Scotts. -

Better to leave it: For it will bring it to a general Knights Service: Worse than we were before.

Sir John Boys: - When any Man, that held by Knights Service, failed of his Voyage, then he was to be sessed by Parliament. -

Prejudice a great Number of Lords. Escuage no such hostile Law, but it may remain.

Mr. Fuller: - Escuage goes to the Point of Wardship. No Equity, nor Reason, in Wardship, but that Custom hath settled it. -

Wardship no Reservation; because the Son cannot do it.

Reason of Wardship is the Necessity of Escuage; that is, of Service. -

Union with Scotland.

Pontage, and Murage. - Sublata causa, tollitur effectus. -

Voyage royal into Scotland, and not elsewhere, 7 E. IV. Vide Case del protection.

Mr. Tate: - Escuage a Tenure.

Foundation of all Kingdoms.

Oratores; Frankalmoigne:

Bellatores; per servicium belli, or to a particular Service.

Laboratores: Socage.

If he hold by a Service particular, as Castle-guard, discharged of Escuage ; if by a general Knights Service, he is not. - Services, annual, casual, concomitant. -

A Difference between Escuage, as a Tenure, and Escuage as a Payment. -

It is sessed, quoad exercitium; not, quoad the Right -

Scutum, Payment; Scutum, a Buckler; Scutum, Shooting; of which the Scotts are derived. -

The Payment of Escuage ceased, since E. III. his Time; but the Tenure remains.

Sir Fr. Bacon: - Aristotle, in his imaginary Commonwealth, prescribeth, that Mothers should not have the Education of their Children, but their Children be educated by Commission from the State. -

He hath no Heart to swim, where he sees no Bank.

Mr. Hedley: - Escuage is such a Knights Service, as may be created, without Reservation of a Tenure. -

Where the Law doth not express the Tenure, there it must be Escuage. -

Escuage, either against Scotland, or Wales.

Serjeant Shirley : - Four Tenures: Frankalmoigne, Knights Service, Socage, and Borough Tenure. -

Relief of a County, 100l. of a Barony, 100 Marks; of a Knights Fee, 5 l.