House of Lords Journal Volume 4: 12 March 1641

Die Veneris, 12 Martii.

PRAYERS.

Two Papers said before the House by the King's Orders.

The Earl of Essex signified to the House, That His Majesty had commanded him to deliver to this House Two Papers, presented to him by the Lord General; which were read.

Order by the H. C. for Martial Law in the Army in the North.

One was, An Order made by the House of Commons, concerning Martial Law, to be set up for the governing of the King's Army in the North, which was read, in these words: videlicet,

Commission, of Oyer and Terminer there.

"That, for the Disciplining of the Army, it is fit that a Commission of Oyer and Terminer be directed to the Officers of the Field, and some Gentlemen of the Country, to be nominated by the Knights and Burgesses of the County of Yorke; and that the Commission shall extend only to the King's Army in Pay."

The Town of Tickhill's Petition against billeting Soldiers upon them.

Next was read, the Petition of the Town of Tickhill to Sir Jo. Conyers; desiring him "to forbear to give any Order for the quartering of any Horse amongst them; being free-born Subjects, by the Laws and Statutes of this Realm, ought not to be liable to the billeting of Soldiers; and, having a Propriety in their Goods and Fortunes, it is warrantable in them to maintain them with their Lives."

Letters read about the Garrison of Berwick.

Afterwards Copies of Two Letters were read, sent out of the North to His Majesty, who commanded the Earl of Holland to acquaint this House with them; the Contents of them did declare "the extreme Necessity and dangerous Condition of the Garrison at Barwicke; that the Want of Money hath occasioned a great Discontent and Murmuring amongst the Soldiers; and that all the Provisions are spent, both for Man and Horse; therefore desire speedy Supply both of Monies and Provisions."

Hereupon the House resolved to send to the House of Commons to desire a Conference; and

Message to the H. C. for a Conference touching the Northern Affairs.

A Message was sent to the House of Commons, by Mr. Serjeant Ayliffe and Dr. Bennett: To desire a Conference, by a Committee of both Houses, presently, if it stand with their Conveniency, in the Painted Chamber, touching the Northern Affairs.

Petition about Licensing bad Books.

Upon reading the Petition of divers Ministers, "complaining of the Licensing of bad Books, and suppressing the Licensing of orthodox Books;" it was Ordered, The said Petition be referred to the Committee for Religion; and some of them to attend the Committee, and bring some Instances with them.

Heads of the last Conference to be considered of.

These Lords were appointed to withdraw themselves, and prepare some Heads for the Conference: videlicet,

Report concerning the Printers and Stationers.

The Lord Seymour reported, "That the Lords Committees for Printing of Pamphlets and scandalous Books, had perused the Charter of the Stationers; and find it granted to them in the Third and Fourth Year of Phillip and Mary, by which they have Power to search for Books and Presses in the Houses and Shops of all Booksellers, Stationers, and Printers; and that this Charter was confirmed by 1° Eliz; and in June 4° Eliz. they had confirmed unto them several Ordinances by the Lord Treasurer and the Two Chief Justices, they being according to an Act made 19 H. VII. cap. vii. in which Ordinance it is said, That no Man shall print any Book unless the Copy be first assigned by the Master and the Wardens of the Company of Stationers; and the Opinion of the Committee is, That, there being many Offenders, they have thought fit, if this House like it, that only Three of the Offenders should receive exemplary Punishment; namely, Jo. Wells, Stephen Buckly, Henry Walker; and that the others may receive an Admonition for the future."

Walker, a Publisher of unlicensed Books, committed.

Hereupon Walker, Wells, and Buckley, were called to the Bar, as Delinquents, and charged for the making, printing, and publishing, of scandalous Books and Pamphlets. Walker confessed he made a Book called The Prelates Pride, and Verses on the Wren and the Finch, and dispersed them about. Wells confessed the publishing of divers Books. But no Proof being against Buckley, he was discharged. But the House did Order, That Walker and Wells be committed presently to The Fleet, until the further Pleasure of this House be known therein.

The rest of the Booksellers and Printers were called in, and received an Admonition from this House, That, if they should dare hereafter to print or publish any unlicensed or scandalous Books or Pamphlets, they shall be severely punished for the same. And this House did require the Master and Wardens of the Company of Stationers of London to execute such Ordinances as they have made concerning Printing, according to Law.

After this, the Heads which were drawn up for the Conference were openly read, to this Effect:

Heads drawn up for the last Conference.

"To let the House of Commons know that the King had understood, and did take well, their Care to settle an Order in the Government and Discipline of His Army, and for punishing of such Disorders as should arise there; next, to read their own Order, and afterwards to tell them, His Majesty had been informed, by my Lord General and other Officers, That, in this Course unsettled, there hath been many Difficulties and Dangers, and many Disorders risen: That the King hath acquainted this House therewith; and desired that the House of Commons might be made acquainted with them; and that both Houses might take into Consideration and settle some such Course, for the Government and Discipline of the Army, as might not cross and be repugnant to the Law; but that both Houses may so take it into Consideration, as to prepare themselves for a Free Conference (which this House will do, and to desire the like of the House of Commons), to settle some Way of Discipline for the Army, as may not weaken the Petition of Right, and to desire that the House of Commons would acquaint this House as soon as they were ready for a Conference; and this House will do the like with them."

The Earl of Bristoll being appointed to deliver the Conference; the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Earl of Bristoll reported to the House, "That he had delivered that at the Conference which this House did enjoin him to do."

Dr. Bray's Confession of the licensing of Dr. Pocklington's Books.

To make a Recantation Sermon.

After this, Doctor Braye, by Order of this House, was called to the Bar, as a Delinquent; and being asked whether he did license Two Books of Doctor Pocklington's, one called Altare Christianum, the other Sunday no Sabbath; and being asked whether, upon the Reading of them, he (fn. 1) did not then and now conceive, in his Judgement, any Thing therein contained contrary to the Doctrine of the Church of England; he acknowledged, That he did licence them both, and read them over, but not so cautiously as he should have done; for which he is heartily sorry, and confessed he is now of another Opinion than he was when he licensed and approved those Two Books; and now, seeing his Error therein, humbly submits unto their Lordships Pleasure. After this he withdrew; and the House Ordered, That Doctor Braye shall make a Recantation Sermon, by Sunday come Month, at St. Margarett's Church in Westm. touching his former Opinions, licensed in both Doctor Pocklington's Books, one called Altare Christianum, the other Sunday no Sabbath; and that the Lord Bishop of Durham, the Bishop of Lincolne, and the Bishop of Carlile, shall view the said Sermon after it is preached, to see whether it be effectually done, and consider if it be fit to be printed or not; and lastly, it was Ordered, That he never be permitted to license any more Books hereafter.

His Submission.

Then he being called in, the Order was pronounced to him by the Speaker; to which Doctor Braye humbly submitted.

Discharged.

Hereupon the House did Order, That he should be discharged from the Custody of the Gentleman Usher.

Ordered, That the Lord Privy Seal, the Lord Bishop of Durham, and the Lord Wharton, be added to the Committee for Religion.

Then

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco, Locum tenens Domini Custodis Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 13^m diem instantis Martii, hora nona, Dominis sic decernentibus.