House of Lords Journal Volume 8: 15 December 1645

Die Lunæ, 15 die Decembris.

Prayers, by Mr. Foxcroft.

Comes Manchester, Speaker this Day.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer to the Message:

1. That to the Pass for the Four Colonels, and for the Committee concerning the Letters to meet on Saturday Afternoon, they (fn. 1) agree: Concerning the other Part of the Scotch Paper, and the Petitions of the Waiters of The Tower, and the Petition of Colonel Serle, they have taken them into Consideration.

Message from thence, with Votes about Persons coming from the King's Quarters.

A Message was brought from the House of Commons, by Mr. Sam. Browne:

To let their Lordships know, that they being informed that this Town is in (fn. 2) Danger, by reason of the Numbers of Persons that come out of the King's Quarters under Pretence of coming in to compound for their Delinquency; for preventing of which Mischief, the House of Commons have made certain Votes, wherein their Lordships Concurrence is desired.

The Votes were read, and Ordered to be taken into Consideration To-morrow Morning.

The Answer returned was:

Answer.

That this House (fn. 2) will take this Message into Consideration, and send an Answer by Messengers of their own.

L. Grey & al. and Mr. Finch & al.

Next, the House heard the Counsel on both Sides, (fn. 2) in the Cause of the Lord Grey of Warke and others, against Mr. Fynch and Mr. Twisden, concerning a Dividend which the Plaintiffs would have out of the Estate of Sir John Fynch lately deceased:

But the Defendants alledging, "That the Ordinary had no Power for to distribute it, being contrary to the fundamental Laws of the Kingdom, since the Statute of 31 H. III. and that the Judgement in the King's Bench cannot be reversed (fn. 3) but by Writ of Error."

And the Plaintiffs alledged, "That they had no other Remedy but in this House, in regard that the Jurisdiction of the Ecclesiastical Court is taken away by the Statute made this Parliament."

Upon this, all Parties (fn. 4) were commanded to withdraw.

And this House took the same into Consideration; and the Opinion of the House was, upon Advice had with the Judges, "That the Jurisdiction in the Ecclesiastical Courts is not taken away by that Statute, but only the coercive Power."

Therefore it is Ordered, That this Cause shall be dismissed this House, to the ordinary Course of Law.

Delinquents, for Contempt of the Order in Jhannes's Cause, to be no further proceeded against.

Upon reading the Petition of Wm. Ihannes; shewing, That a Warrant being issued out of this House, for the Attachment of Eight Delinquents, Four of which Delinquents have been sentenced by this House, but the others not yet attached Now, forasmuch as the Petitioner hath made an End with the Defendants, he desires there may be a Suspension of putting the said Order into any further Execution for the apprehending the sud Persons, and that all others not already sentenced may be no further proceeded against for this Business"

Which this House Ordered the same accordingly

A Paper was reported from the Committee of the Admiralty, was read, and approved of, and Ordered to be sent to the House of Commons, for their Concurrence, which was accordingly sent down, by Doctor Aylett and Doctor Heath (Here enter it)

"Die Sabbati, 13 Decembris, 1645

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Paper from the Admiralty Committee for Mr Brown to be contracted with, for Ordnance for Three Frigates

"Whereas, upon View of a Paper delivered in by the Commissioners of the Navy, concerning Eightysix Pieces of cast Iron Drakes, for the Three Frigates ordered to be built for the State, this Committee directed a Copy to be delivered to Mr Browne the Gun founder, that he might set down his Prices, and Times of Payment, and whereas, by Papers delivered into this Committee on Thursday last, he demands for Four Demy Cannons of Thirty three Hundred Weight apiece, Fifty eight Demy Culverins of Twenty-five Hundred Weight apiece, and Twentyfour Demy Culverins of Seventeen Hundred Weight and One Half apiece, after the Rate of Thirty-two Shillings per C't which amounts unto Three Thousand Two Hundred and Three Pounds, Four Shillings, and for Shot for the said Pieces, Two Hundred Ninety-seven Pounds, Eight Shillings, and Six Pence, humbly praying, that he may have One Half in Hand, and the other Half by Monthly Payments at Four Hundred Pounds a Month, and forasmuch as Provision thereof may be made with much more Advantage if Mr Browne may have speedy Order to go about them Ordered, That it be recommended from this Committee to both Houses of Parliament, to give Order to the Committee of the Navy, to contract with Mr Browne for the Price of the said Ordnance, as also for the Times of Payment

"W Jlsopp, Secretary"

Adjourn

House adjourned till 9^a cras