House of Lords Journal Volume 6: 20 November 1643

DIE Lunæ, videlicet, 20 die Novembris.

PRAYERS.

Lords present:

Ds. Grey, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinance concerning preserving of Records and Evidences.

(Here enter it.)

And likewise they agree to the admitting of Mr. Bayly and Mr. Rutherford to be of the Assembly.

Widow Wright's Petition, about an Extent sued out of Chancery by her late Husband.

Upon the Petition of Wright, the Widow of Gherrard Wright lately deceased; shewing, "That her Husband had obtained an Extent, out of the Chancery, upon divers Parcels of Lands, in the Counties of Warwicke and Worcester, in the Name of Sir Charles Cæsar Knight, late Master of the Rolls, and Mr. Page One of the Masters of the Chancery, to the Use of the Petitioner's Husband, who was slain in the Service of the King and Parliament, at the Siege at Redding, and hath left behind him a Wife and Three small Children, who are like to perish unless their Lordships be pleased to order Mr. Page to assign over the Benefit of the said Extents unto the Petitioner, for Relief of her and her Three small Children."

Hereupon this House Ordered, That Mr. Page shall assign Extents, as is desired; and that Sir Rob't Rich shall take Security, such as he shall allow of, to keep Mr. Page harmless against all Suits, and against the Executors, and their Testators, and all claiming by, from, or under them, or any of them.

Delinquents for disturbing the Earl of Exeter's Possession in Easton Woods.

Next, Tho. Cumbrey, Tho. Newton, Rob't Holt, and Wm. Dunch, were brought to this Bar, as Delinquents, for disturbing the quiet Possession of the Earl of Exeter, in Easton Woods, in the County of North'ton, contrary to the Order of this House; which was read, and published amongst them, as by reading of the Affidavits appeared. (Here enter the Affidavits.)

Hereupon the House taking into Consideration the Business, and there being but One Witness in the Case; therefore this House Ordered, That they should have an Admonition given them for this Time, with a Command to be more observant and obedient to the Orders of this House for the future, and not disquiet the Possession of the Countess of Exon in Easton Woods; which they promising to do, this House Ordered their Releasement for this Business, paying their Fees.

Message to the H. C. about the Earl of Stamford's Complaint against Mr. Nicholls, and about Names to be added to the Assembly.

A Message was sent to the House of Commons, (fn. 1) by Sir Edward Leech and Mr. Page:

To put them in Mind of the Paper sent from this House long since, touching a Complaint of the Earl of Stamford's against Mr. Nicholls; and likewise to put (fn. 1) them in Mind of the adding of Dr. Homes, Mr. Goodwin, and Mr. Horton, to the Assembly of Divines.

Ordinance for preventing Records, Evidences, and Books from being sold.

"Whereas, by the several Ordinances for Sequestrations and others, there have been, within the Cities of London and Westm. sequestered and taken by Distress (among other Goods) divers Manuscripts, or Written Books, Proceedings of Courts, Evidences of Lands, Rentals, Accompt-books, and other Kinds of Writings, and Written Papers, and Parchments, as also some whole Libraries and choice Collections of Printed Books of several Arts and Faculties; the dispersing of which, by Sale or otherwise, may be much more disadvantageous and prejudicial to the Public (both for the present and to Posterity), and also to divers particular Persons well-affected to the Parliament, than the Benefit of their Sale can any ways recompence: The Lords and Commons in Parliament assembled, taking the Premises into Consideration, do hereby Ordain and Command, That no Committees or Committee for Sequestrations or Distresses, in or of either of the Places aforesaid, or any Officers under them employed, shall or may make Sale of, or otherwise disperse or dispose of, any such Manuscripts or Written Books, Proceedings of Courts, Evidences of Lands, Rentals, Accompt-books, or other Kind of Writings, or Written Papers, or Parchments, heretofore sequestered or taken by Distress, or hereafter to be sequestered or taken by Distress, by Authority of any of the said Ordinances; but that they, and every of them respectively, shall, from Time to Time, deliver the same into the Hands and Care of Algernoone Earl of Northumberland, Theophilus Earl of Lincolne, and William Lord Viscount Say & Seale, John Selden Esquire, Francis Rowse Esquire, Sir Symonds D'Ewes Knight and Baronet, Samuell Browne Esquire, Edmund Prideaux Esquire, Gilbert Millington Esquire, Roger Hill Esquire, Walter Young Esquire, Members of the House of Commons, or any Two of them; who are to inventory the same, and leave or put and dispose them in some such safe Place or Places as they shall think fit and convenient for their Custody, there to remain, for such Public or other Use as to the Houses of Parliament shall seem most meet and reasonable; and that the said Committees and Officers respectively shall deliver all and every such whole Libraries, and choice Collections of Printed Books (heretofore as aforesaid sequestered or taken by Distress, or hereafter to be sequestered or taken by Distress), as the Persons aforenamed, or any Two of them, shall signify under their Hands, and direct to be preserved from Sale, and from being otherwise dispersed, and to be kept for Public Use, into the Hands and Care of the said Persons, or any Two of them, who are likewise to inventory the same, and leave or put and dispose them in such safe Place or Places as they shall think fit and convenient, there to remain likewise for such Public or other Use as to the Houses of Parliament shall seem most meet and reasonable.

"Provided nevertheless, and it is further hereby Ordained, That both the Printed Books and Manuscripts, and all other Writings, or Written Papers, or Parchments, sequestered or taken by Distress, or which may hereafter be sequestered or taken by Distress, or shall be subject to Sequestration or Distress, in any of the Four Inns of Court, videlicet, The Inner and Middle Temple, Greyes Inne, and Lincolnes Inne, or any other Society of Law, shall be inventoried and laid up in some convenient Place or Places in the said Inns of Court respectively, in such Sort, and according as by the Fellows of the said several Inns of Court, or such other Society as aforesaid respectively, being Members of the House of Commons, or by any Two of the aforesaid Committee appointed by this Ordinance, shall be Directed and Ordered; there likewise to remain, for such Public or other Use as to the Houses of Parliament shall seem most meet and reasonable.

"Provided also, That nothing in this Ordinance contained shall be any Hindrance to the Assembly of Divines, or any of that Assembly; but that they, or any of them, during the Time that Assembly shall usually sit, may use and be permitted to take with them for their present Use, any of the said Manu script Books, or any Books of the said Libraries or Collections, so that they respectively leave, in the Place where they take them, a Note subscribed by them of what they so take, and of the Time of such their taking it, and of their Promise safely to return it.

"And be it further also Ordained, by the Authority aforesaid, That all and every the Committee and Committees of Sequestrations and Distresses, or either of them, in all and every other Place whatsoever respectively, and all and every the Officers under them employed respectively, shall preserve and keep safe, from Sale, Dispersion and Destruction, all and every the Evidences of Lands, Rentals, Accomptbooks, Proceedings of Courts, and all and every other Kind of Written Books, Papers, or Parchments, by them respectively sequestered or taken by Distress, or to be sequestered or taken by Distress; and the same shall respectively leave, or put, and dispose, in some Place or Places of safe Custody, for such Public or further Use as the Houses of Parliament shall direct or command; and that all and every the Officers of the Army, and of all and every the Forces raised by the Authority of the Houses of Parliament, and all and every the Soldiers under them, shall respectively, upon all Occasions, and in all Places, take like Care for the Preservation of all Kinds of Evidences of Lands, Rentals, Accompt-books, Proceedings of Courts, and all and every other Written Papers or Parchments, that shall or may fall into their Hands or Power; that they, and every of them, may be safely likewise kept as aforesaid, both from Sale or other Dispersion of them, as also from Spoil and Destruction."

Adjourn.

House adjourned till 10^a, Wednesday next.