DIE Jovis, 15 die Maii.
Ds. Grey de Warke, Speaker.
Message to the H C. with Sir T. Mayhern's Petition; and for a Maintenance for Ly Fairfax and her Children.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To deliver the Petition of Sir Theodore Mayerne, and
the Sense of this House thereupon; also to recommend
the Condition of the Lady and Children of Sir Wm.
Fairefaix, that they may have some Maintenance allowed them, (fn. *) for the Supply of their present pressing Necessities.
Fairfax and Legay, and Jhannes.
Upon reading the Petition of Fairefaix and Legay,
and the Answer of Wm. Ihannes, and hearing the Counsel on both Sides, concerning the Order of this House,
dated the 20th of February last, for referring the Determination of the Business in Question between the Parties
to the Delegates; which the Counsel of Fairefax and
Legay alledged the Court of Admiralty had no Recognizance of the Business, it being for a Contract made
at St. Maloes in France, and therefore ought to be tried
at the Common (fn. *) Law, because the Admiralty hath Jurisdiction only super altum Mare, as per the Statute of
13 R. II. Cap. 5. 15 R. II. Cap. 5. and 2 H. IV.
And this House taking into Consideration what was
said by the Counsel on both Sides;
And this Question was put, "Whether the Judges
"shall be heard in this Business?"
And it was Resolved in the Negative.
Another Question was put, "Whether the Order
of the 20th of February last, made in this
Cause, shall stand?"
And it was Resolved in the Affirmative.
Message to the H. C. with a Letter to Sir T. Fairfax, for keeping Officers in the Army.
The Earl of Warwicke reported from the Committee
of both Kingdoms, a Letter to be sent to Sir Tho. Fairfax, concerning keeping of Officers in the Army; which
being (fn. *) read, it was Agreed to, and Ordered to be sent
to the House of Commons, to desire their Concurrence
therein; and immediately [ (fn. *) it was] sent down, by Doctor Heath and Doctor Aylett.
House adjourned till 9a cras.