House of Lords Journal Volume 4: 12 February 1641

Die Veneris, videlicet, 12 die Februarii.

PRAYERS.

E. of Nottingham's Privilege. Weld's Arrest.

Upon the reading [ (fn. 1) the Petition] of John Weld, Servant to the Right Honourable the Earl of Nottingham, complaining that he was arrested contrary to the Privileges of Parliament; it was Ordered, That all the Parties that are guilty of the said Arrest shall be sent for, to appear before this House.

Sir Peter Osborne's Petition.

Ordered, That Sir Peter Osborne's Petition be referred to the Committee for Petitions.

Debate of Four Propositions which The States of Holland offered to His Majesty.

After this, the Lords fell into the Debate of the Four Propositions, which The States of Holland presented to His Majesty, which were read, as followeth:

"A Copy of the Proposition made to His Majesty of Great Brittaine, by my Lords the Ambassadors of The Estates General of The United Provinces of the Low Countries, the 12/22; of January, 1640-41.

SIR,

The Propositions.

"To make Proof how much my Lords The States do, on their Parts, reverence the Honour of Your Majesty's Friendship and do fear to be removed from it, they have given Charge and full Power to present to You the Choice of One of the Four Conditions which follow, according to the Conveniency of Your Affairs; to wit,

"Of a League offensive and defensive against the King of Spaine and his Adherents.

"Of a Defensive, for mutual Defence against all Assaults of Strangers by open War, perpetual or for a Time.

"Of a reciprocal Promise only, not to assist in any Manner the Enemies one of the other.

"Or, finally, to agree upon a prefixed Time, to meet hereafter together, to the End to advise of some Expedient and Means to secure England, and The United Provinces against the Forces and Practices of their Enemies.

"A Copy, taken upon the Minute of a Proposition given to my Lord the Earl of Holland, by the Lords de Sommurdiicque and Joachims, Ambassadors from my Lords The Estates General, and the 21/31; of January, 1639/1640;, to be presented to the most Renowned King of Great Brittaine, etc. and the 22/12; of January 1640–41.

"Francis d'Aerson, Aw. Joachimi."

Divers Treaties formerly made, read.

Next the Earl Marshal produced divers Treaties formerly made: videlicet,

"The Treaty made with The States, in 1608.

"The Treaty made with The States, at Southampton, 1625; and

"The Treaty made with Spaine, printed 1630."

All which Three were read publicly.

There were likewise produced, "A Treaty made with Spaine 1605," which is printed; but was not read.

Debate of the Propositions referred.

Ordered, That the further Debate of the Propositions be referred until Monday Morning next.

Sir Faithful Fortescue's Appearance, to answer Lady Slingsby's Petition, excused, if the Irish Parliament be sitting.

Whereas an Order was lately made for sending for Sir Faithfull Fortescue, to answer the Petition of the Lady Slingseby; it was affirmed in the House, That he is now a Member of the Commons House of Parliament in Ireland. Thereupon it was Ordered, That Sir Faithfull Fortescue shall not be sent for; but that a Copy of the Petition be sent him into Ireland, and he to return his Answer hither; but, if the House of Commons in Ireland do not sit in Parliament, then he is to come in Person hither.

Clarke's Petition.

Upon reading the Petition of Eliz. Clarke, Widow, it was Ordered to be referred to the Committee for Privileges on Monday next; at which Time the said Mrs. Clarke is to have Notice to appear.

A Message from the House of Commons, by Mr. Hamden, to this Effect:

Message from the H. C. for Conference, about the Amendments of the Bill to prevent the too long Intermission of Parliaments.

That the Knights, Citizens, and Burgesses, assembled for the Commons in Parliament, do desire a Free Conference with their Lordships, touching the Amendments and Additions in a Bill, intituled, "An Act for preventing the Inconveniences which happeneth by the long Intermission of Parliaments;" and this to be by a select Committee of both Houses; and the Time and Place they leave to their Lordships to appoint.

Hereupon the House Agreed, That the same Lords that were appointed by this House for to make the Additionals and the Amendments, should now again be deputed for this Free Conference, being in all Two and Twenty Peers.

Answer.

The Answer given to the said Message was: That their Lordships will give a Meeting, at a Free Conference, with a select Committee of Two and Twenty Lords, this Afternoon at Three a Clock, in the Painted Chamber.

Report against Doctor Pocklington, for Idolatry and Superstition.

Tenents advanced by him.

The Lords Committees reported, "That they have given a full Hearing to a Petition exhibited by one Mr. Harvey against Jo. Pocklington, Doctor in Divinity, whom they find to be a Man, both by his Practice and Doctrine, to be a great Instrument and Introducer of Innovations into the Church, and a Perverter of the People. In his Practice, he hath been very superstitious, and full of Idolatry, as bowing to the Altar, and using many other Gestures and Ceremonies in the Church, not being established by the Laws of this Realm, whereby he is guilty of Things which, by the common Law, he is to be deprived for; all which were either proved or confessed by him. Besides, he is a Man that, for his unsound Doctrine and Tenets, hath Twice before recanted. For his Doctrine, it appears to be most seditious and dangerous, by Two Books of his own making and publishing, one called Altare Christianum, wherein he saith,

That Altars are the Throne of the Great God on Earth, and we must bow to them:

That the Eucharist is the Host; and holds Corporal Presence therein:

"That there is in the Church a Distinction of Holy Places, and a Sanctum Sanctorum:

That Canons and Constitutions of the Church are to be obeyed, without examining or looking into them.

"Another Book of his Writing is called, Sunday no Sabbath; wherein he maliciously inveigheth against the Sabbath-day Lectures and Preaching, calling it the dull Invention of a foggy Brain, and many other such unsitting and unworthy Speeches uttered against the Laws and Constitutions established in the Church of England. And lastly, he terms the Martyrs, and other Learned Men of our Church, to be no better than Hereticks, and Rebels, and other such like vile and ignominious Appellations."

For those and many other Judaical and corrupt Opinions, appearing to be true out of his own Books, the House did sentence, and resolve, upon the Question:

His Sentence.

1. That the said Dr. Pocklington, by the Judgement of this House, is prohibited never to come within the Verge of the King's Court.

2. That he is deprived of all his Ecclesiastical Livings, Dignities, and Preferments.

That he is disabled and held uncapable hereafter to hold any Place or Dignity in Church or Commonwealth.

"4. That his Two Books, one intituled, Altare Christianum, the other Sunday no Sabbath, be publicly burnt, in the City of London and the Two Universities, by the Hand of the Common Executioner."

After which, the said Dr. Pocklington being brought to the Bar, the Lord Keeper, by the Directions of the House, pronounced the aforesaid Sentence against him.

A Message from the House of Commons, by Sir Jo. Culpepper, to this Effect:

Message from the H. C. to impeach Sir Robert Barckley of High Treason.

That he did, in the Name of the House of Commons assembled in Parliament, and in the Name of all the Commons of England, accuse Sir Robert Barckley, Knight, one of the Judges of the King's Bench, of High Treason, and other great Misdemeanors; and he was commanded further to desire their Lordships would commit him presently into safe Custody; and the House of Commons will, in convenient Time, bring up the particular Articles against him.

Answer.

The Answer to the said Message was: That their Lordships have sent for Judge Barckley; and, so soon as he comes, they will commit him to safe Custody.

Sir Robert Barckley to be committed to the Sheriff of London.

Ordered, That Judge Barckley be committed to the Elder Sheriff of London, for his safe Custody.

Acquainted with the Charge of High Treason by the H. C. against him.

After this, Judge Barckley came, and kneeled at the Bar, as a Delinquent; and the Lord Keeper told him, That he was accused by the House of Commons of High Treason; and further told what the House had Ordered for his Commitment; and having Leave to speak, he said he submitted his Body to the Pleasure of this House; and presently he was conveyed by the Gentleman Usher to the Eldest Sheriff of London, to be there in safe Custody, until further Order of this House.

Ordered, That Mr. Justice Heath shall attend upon the Lords Committees for Petitions, in the Place of Mr. Justice Barckley.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 13^m diem instantis Februarii, hora nona, Dominis sic decernentibus.