NOTE BOOK 
 
 OF 
 
 SIR JOHN NORTHCOTE. 
 
NOTE BOOK 
 
 OF 
 
 SIR JOHN NORTHCOTE 
 
 J 
 
 SOMETIME M.P. FOR ASHBURTON, 
 AND AFTERWARDS FOR THE COUNTY OF DEVON. 
 
 CONTAINING 
 
 MEMORANDA OF PROCEEDINGS IN THE HOUSE 
 OMMONS DURING THE FIRST SESi 
 OF THE LONG PARLIAMENT, 1640. 
 
 OF COMMONS DURING THE FIRST SESSION 
 
 .from thr iJiflUS. Original in ttje possession of tfje &ia;fjt 
 Sir &tafforfc $ortfjcotc, Bart,, ffl.}|. 
 
 TRANSCRIBED AND EDITED, WITH A MEMOIR, 
 
 BY A. H. A. HAMILTON. 
 
 LONDON : 
 JOHN MURRAY, ALBEMARLE STREET. 
 
 1877. 
 [Right of Translation reserved.] 
 
LONDON : 
 BRADBURY, AGNEW, & CO., 1'RINTERS, WHITEFRIARS. 
 
TO 
 
 THE RIGHT HON. 
 
 SIR STAFFORD HENRY NORTHCOTE, 
 
 BART., C.B., D.C.L., F.R.S., 
 
 CHANCELLOR OF THE EXCHEQUER, 
 KNIGHT OF THE SHIRE FOR THE NORTHERN DIVISION OF DEVON, 
 
 AND LEADER OF THAT HOUSE OF PARLIAMENT 
 
 WHOSE MOST FAMOUS SESSION IN FORMER TIMES 
 
 IS HERE RECORDED BY HIS ANCESTOR, 
 
 f)te Volume i 
 
 Fairjidd Lodge, Exeter, 
 1877. 
 
 800332 
 
CONTENTS. 
 
 MEMOIR OF SIR JOHN NORTHCOTE 
 INTRODUCTION TO THE NOTE BOOK 
 SIR JOHN NORTHCOTE'S NOTE BOOK . ; . . i 
 
 ABSTRACT OF AN ACT OF PARLIAMENT 123 
 
 NOTES OF THE SESSION OF 1661 127 
 
MEMOIR 
 
 OF 
 
 SIR JOHN NORTHCOTE. 
 
 SIR JOHN NORTHCOTE of Hayne, in the parish 
 of Newton St. Cyres, in the county of Devon, 
 first Baronet of his family, and a lineal ancestor of 
 Sir Stafford Henry Northcote, was one of those 
 country gentlemen who, though their names do 
 not appear in biographical dictionaries among 
 those of the Vanes and Hampdens, played a not 
 inconsiderable part in the great events of the 
 seventeenth century. Had it been otherwise, 
 had he been one of those who trust in the length 
 of their ancestry rather than in their own personal 
 exertions, the race to which he belonged was by 
 no means wanting in distinction of the former 
 kind. A pedigree preserved at Pynes, which was 
 examined and verified at the Heralds' Visitation 
 of Devonshire in the reign of James the First, 
 contains a complete and minute account of the 
 family from the days of Galfridus de Northcote, 
 knight, who held the lands of Northcote in the 
 parish of East Down, near Barnstaple, in the year 
 1103, the third of the reign of Henry the First. 
 
x Memoir of Sir John Northcote. o- 
 
 James Northcote, the eminent painter, who de- 
 scended from Samuel Northcot, Mayor of Plymouth 
 in 1658, and who delighted to trace his origin to 
 an offshoot which branched away from the parent 
 stem in the I5th century, collected various records 
 of the family in two large manuscript volumes, 
 which, illustrated by many sketches of his own, by 
 several rare engravings, and much curious heraldry, 
 are also preserved in the library at Pynes. 
 
 From these sources we learn that the North- 
 cotes, as generations went by, allied themselves 
 with many distinguished houses, such as those of 
 Courtenay and Luttrell, which are still flourishing ; 
 of Million, whose ancestor came over with the 
 Conqueror ; of Meoles, whose name appears in 
 Domesday Book ; and others well known to the 
 antiquaries of the West of England. Through the 
 Courtenays and Luttrells they acquired a strain 
 of the blood of the Plantagenets. We also find 
 that, by the marriage of heiresses, they absorbed 
 into their own several of the ancient families of 
 Devonshire. Many deeds and wills preserved in 
 the Heralds* College attest their importance, and 
 John de Northcote served the office of Sheriff in 
 the 27th year of Edward III. (1354). As they 
 acquired new estates, either by marriage or pur- 
 chase, they repeatedly changed their residence. 
 In the middle of the sixteenth century, Walter 
 Northcote, great-grandfather of the first Baronet, 
 was living at Uton, in the parish of Crediton. 
 
Memoir of Sir John Northcote. o- xi 
 
 There exists in the State Paper Office an inci- 
 dental notice of him, contained in a declaration of 
 John Prediaux, the then owner of Pynes, which, 
 some generations afterwards, was brought into the 
 Northcote family by the heiress of the Staffords. 
 John Prediaux's declaration relates mainly to the 
 disturbances which might be expected if King 
 Philip of Spain landed in Devonshire on his way 
 to marry Queen Mary, but he mentions casually 
 that at the time of Quarter Sessions he was partly 
 busied with other affairs, "also with Norcot of 
 " Kyrto (Crediton) for and consernyng his assur- 
 " ances for land that he bought of Sir Hugh 
 " Pollard, knight." The name is so frequently 
 spelt Norcot by writers of the sixteenth and 
 seventeenth centuries, including Lord Clarendon, 
 that we may perhaps infer that it was so pro- 
 nounced, as North-west is often pronounced 
 Nor'-west, and as the county of Northfolk has 
 become Norfolk. It will be seen afterwards that 
 the Northcotes were connected in various ways 
 with the once flourishing family of the Pollards. 
 
 Walter Northcote was succeeded by his son 
 John, and John Northcote's eldest son, Walter, 
 married the heiress of Edmund Drew, of Hayne, 
 which place then became the principal seat of the 
 family. He died young, and his widow married 
 Sir Edward Giles. His only child, Elizabeth, 
 married first George Yard of Churston Ferrers, 
 an ancestor of Lord Churston, and secondly 
 
xii Memoir of Sir John Northcote. <^- 
 
 Dr. Barnabas Potter, who was Vicar of Dean Prior 
 (a living in the gift of Sir Edward Giles), and 
 afterwards Bishop of Carlisle. The estate of 
 Hayne, however, did not pass to her, but to her 
 uncle John Northcote, father of the Baronet. 
 
 The name of this John Northcote appears in 
 the list of Devonshire justices who attended 
 Quarter Sessions during the latter part of the 
 reign of Elizabeth. He lived till 1632. It seems 
 from his epitaph that he was tried by the Star 
 Chamber. 
 
 " Regia pacificae commisit chartula libram 
 Justitiae, lustris setatis quinque peractis. 
 Libravit rectum pura cum mente, probatus 
 Stellata Camera, spectatur ut ignibus aurum." 
 
 Which may be roughly translated, in case there 
 yet remains any lady ignorant of Latin : 
 
 To him the Queen's Commission in his youth 
 Trusted the scales of Justice and of Truth. 
 Fair was the balance held, and pure his fame, 
 Though by Star-chamber tried, as gold by flame. 
 
 It is probable that his experience of the pro- 
 cedure of that Court, although he was not ruined 
 by it, had a decisive effect in determining the side 
 taken by his son in politics. We know how, in 
 the case of Sir Simonds D'Ewes, the tyranny of 
 the Star Chamber converted, at least for a time, 
 a quiet antiquary into an active and zealous 
 Roundhead. I think one may venture to guess 
 
Memoir of Sir John Northcote.<^ xiii 
 
 that Justice Northcote got into trouble for the 
 very same cause as Sir Simonds, viz., a want of 
 "forwardness" in collecting ship money for His 
 Majesty. In the Diary of Walter Yonge, a 
 Devonshire justice of the same period, we find 
 that in April, 1627, there came letters to the 
 justices of Devon, and the mayors of port towns, 
 " for the setting forth of eight ships, viz., two for 
 " Exon, two for Dartmouth and Totnes, two for 
 " Plymouth, and two for Barnstaple." " The 
 " towns are to provide the ships, and the country 
 "men and victuals, and are to be ready against 
 " the 2Oth May next." And in the next year 
 there were sent letters into Devon, both by King 
 Charles and his Council, " for the raising of 
 " 1 7,400 out of this county, to set a fleet at sea, 
 "which was appointed to be, at sea the ist of 
 " March, we having but six or seven days to raise 
 "the money and to return it to London ; but our 
 "county refused to meddle therein" 1 It was exactly 
 in this year, 1627-8, that John Northcote served the 
 office of Sheriff of Devon, and must therefore have 
 been required to levy the unpopular imposition. 
 
 His ill-luck in public affairs may perhaps have 
 been compensated by his good fortune in private 
 life. It is recorded of one of the three John 
 Northcotes, and, I believe, may be safely attri- 
 buted to this one, that he was one day playing 
 piquet with his neighbour Master Dowrish, of 
 Dowrish, near Crediton, who, having a particularly 
 
xiv Memoir of Sir John Northcote.t^ 
 
 good hand, offered to stake the manor of Kenner- 
 leigh against the sum of six hundred pounds. 
 But Master Northcote played his cards so well 
 that he won the game, and the manor of Kenner- 
 leigh remains to this day in the possession of his 
 descendant. The loser caused the two hands of 
 cards to be inlaid in a marble table, to be pre- 
 served as an heir-loom, an awful warning to his 
 posterity to abstain from gambling. The family 
 of Dowrish has long passed away, but the table is 
 still preserved in their ancient manor-house. 
 
 John Northcote's first wife was Elizabeth, 
 daughter of Sir Anthony Rous, Knight, of Halton 
 in Cornwall, and sister of Francis Rous, afterwards 
 Speaker of Barebone's Parliament, Provost of 
 Eton, and one of Crom well's Lords. His second 
 wife was Susan, daughter of Sir Hugh Pollard of 
 King's Nympton. By his first wife he had only 
 one child, who died unmarried. By his second he 
 had no less than twelve sons and six daughters. 
 
 Such a family suggested an obvious comparison 
 with the patriarch Jacob, which was commemo- 
 rated by his youngest son being called Benjamiri, 
 and also in his very curious monument in the 
 Church of Newton St. Cyres. It is elaborate in 
 design, though decidedly rude in execution. The 
 deceased esquire is represented in complete 
 armour, standing upon a pedestal, leaning upon 
 his sword, and treading on a death's head with his 
 left foot. His numerous progeny kneel beneath 
 
Memoir of Sir John Northcote. o- xv 
 
 his statue, with the exception of three babies, who 
 lie on the ground tightly wrapped in their swad- 
 dling clothes. On the right and left of the esquire 
 are medallions in high relief of his two wives, each 
 encircled by an oval frame bearing an inscription. 
 The first wife is made to say, in a sad and apolo- 
 getic manner : 
 
 " My fruit was small, 
 One son was all, 
 That not at all ! " 
 
 Contrasted with this is the boastful statement 
 of the second lady : 
 
 " My Jacob had by me 
 As many sons as he, 
 Daughters twice three." 
 
 But even this lady did not rival her ancestress, 
 the Lady Pollard, who had eleven sons and eleven 
 daughters. Concerning this family, we are as- 
 sured by the excellent Mr. Prince, in his Worthies 
 of Devon, that four of the sons attained the honour 
 of knighthood, one was Archdeacon of Barnstaple 
 and Canon of Exeter, and all the rest were "well 
 " advanced." " The daughters were married to 
 " the most potent families," so that " almost all the 
 " ancient gentry in the county became allied." 
 The father of these twenty-two children, which 
 Mr. Prince calls "a plentiful issue," was Sir Lewis 
 Pollard, a justice of the Common Pleas in the 
 reign of Henry the Eighth. He bought the estate 
 
xv i Memoir of Sir Jo Jin Northcote.<^ 
 
 and built the house of King's Nympton, near 
 Chulmleigh, where his family flourished for several 
 generations, and gave more than one representa- 
 tive to the county of Devon. Sir Hugh Pollard, 
 father of Mistress Northcote, had the honour of 
 being Sheriff of Devon in the year of the Armada, 
 and was therefore the one immortalized, perhaps 
 unconsciously, by Macaulay : 
 
 " With his white hair unbonneted, the stout old Sheriff 
 
 comes, 
 Behind him march the halberdiers, before him sound the 
 
 drums, 
 His yeomen round the market-cross make clear an 
 
 ample space, 
 For there behoves him to set up the standard of Her 
 
 Grace." 
 
 His son obtained a baronetcy soon after the 
 institution of that order. In the reign of Charles 
 the First another Sir Hugh Pollard distinguished 
 himself on the King's side, especially by the defence 
 of Dartmouth. At the Restoration he was elected 
 Knight of the Shire for Devon, and was appointed 
 Comptroller of the Household to Charles the 
 Second. He was " a gentleman of a noble mind," 
 and " magnificently hospitable," so that his 
 mansion of King's Nympton became celebrated 
 in a very bad rhyme, as 
 
 " Nympton Regis, 
 Where one drinks and t'other pledges." 
 
 It is not impossible that his hospitality may have 
 
Memoir of Sir John Nortkcote.c^ xvii 
 
 impaired his estate. At any rate he sold King's 
 Nympton to Sir Arthur Northcote, and it con- 
 tinued for some time to be the principal seat of 
 the latter family. 
 
 John Northcote, the eldest of the twelve sons 
 before mentioned, was born in 1599. He married 
 Grace, the heiress of Hugh Halswell, of Wells, in 
 Somerset, and his eldest son, Arthur, was born in 
 1627. Of his early life no memorials have been 
 preserved. I have tracked his public conduct 
 through incidental mentions of him in many books 
 and manuscript records. His career may perhaps 
 serve as a type of the careers of other " Parlia- 
 " ment-men" of that eventful period. 
 
 His name appears in the list of the Justices of 
 the Peace for Devon in the year 1633, and also 
 as an officer in John Bampfield's regiment of 
 " trained soldiers," the second regiment of the 
 southern division of the county. He took his 
 seat in the Long Parliament as member for Ash- 
 burton in November, 1640, his colleague being 
 Sir Edmund Fowel. In the Short Parliament of 
 the preceding April, Ashburton did not return 
 any members. That privilege, which had been 
 suspended for many years, was restored to the 
 borough in the first month of the Long Parlia- 
 ment. But the right seems to have been ques- 
 tioned. The first notes taken by Sir John were 
 of the sitting of November 24. It is recorded by 
 Rush worth, under the date Nov. 26, which pos 
 
xviii Memoir of Sir John 
 
 sibly ought to be Nov. 24, that the boroughs of 
 Honiton and "Asperton" were restored to send 
 burgesses to Parliament on a report by Mr. 
 Maynard, Chairman of the Committee for Elec- 
 tions. 
 
 Sir Simonds D'Ewes, ever ready to instruct an 
 ungrateful generation, tells us that he showed the 
 House " the reason why they did forbear to send 
 " was their poverty, being not able to maintain 
 " their burgesses, but now, gentlemen being gene- 
 " rally chosen, boroughs desire their ancient privi- 
 " leges." The pay of a burgess had been usually 
 four shillings a day. D'Ewes himself was a 
 borough member. 
 
 John Northcote employed himself during the 
 first few weeks in taking the notes which have 
 been preserved in manuscript to the present day. 
 In the earlier part of the same year, as we find 
 by some rough memoranda on the fly-leaves of his 
 Note Book, he had taken a journey to York, 
 where the King's army was collected to oppose the 
 invasion of the Scots. He took with him 21 
 " for Riding Charges," and he spent 9 6s. \d. 
 " from London to York and at York from the 
 " last of March to the Qth of April." He seems 
 to have held some appointment of the nature of 
 secretary or aide-de-camp to a nobleman, pro- 
 bably the Earl of Northumberland, who was Lord 
 General of the Northern Army. There are brief 
 memoranda relating to North Shields, Scar- 
 
Memoir of Sir John Northcote.<^ xix 
 
 borough, and Newton upon Darwent. There is 
 also one relating to the proclamation of martial 
 law, and to the pay of the troops, a subject to 
 which he seems to have paid special attention in 
 his Parliamentary Notes. In July he paid Mr. 
 Selden 20 " for drawing his Lordship's Com- 
 " missions of General, by his Lordship's appoint- 
 " ment." He also paid 4^. " for Maps for his 
 " Lordship." And in January he paid the Clerk 
 of the Parliament i, " for copies of Scots 
 " Articles against Lord of Cant. (Laud) and Lord 
 " Lieutenant (Strafford) for his Lordship." There 
 is at Pynes a very fine portrait by Vandyke of 
 the Earl of Northumberland, wearing what 
 appears to be a Chancellor's robe.' 
 
 With the exception of a few more memoranda 
 about the payment of money, the present Note 
 Book throws no light on Sir John's personal 
 history. But it seems certain that various MSS. 
 of his were in existence about the middle of the 
 last century, and we may hope that the present 
 publication may have the effect of causing them 
 to be discovered. We can hardly doubt that a 
 man who took careful notes (and who took them 
 exceedingly well) for a few weeks in 1640, and 
 for a few days in 1661, and who lived till 1676, 
 must have written much more of the same kind. 
 
 He was one of those who took the "Solemn 
 " Protestation" on May 3, 1641, and he was created 
 a Baronet on July 16, in the same year. I do 
 
 r 2 
 
xx Memoir of Sir John Northcote.o- 
 
 not find that he ever took the Covenant, although 
 he must have constantly acted with the Presby- 
 terian party. 
 
 During the first year of his attendance in 
 Parliament he seems to have kept silence and 
 learnt his business, as became a new member. 
 At the beginning of his second year he was the 
 hero of a curious " scene " in the House, for the 
 report of which we are indebted to Sir Simonds 
 D'Ewes. 
 
 It was Friday, the fourteenth of January, 1641-2. 
 Charles had made his spring at the Five 
 Members, had missed his intended prey, and had 
 slunk away from London in an agony of shame, 
 " never to return till the day of a terrible and 
 "memorable reckoning had arrived." The Five 
 Members had been brought back in triumph. The 
 four thousand freeholders of Bucks had ridden up 
 to Westminster, and the Houses were in a state 
 of unprecedented excitement. 
 
 " Sir H. Cholmely moved that he understood 
 " there were divers jealousies and fears put into 
 " the King's head, and the Queen's, as if we meant 
 " to diminish his authority, and impeach the Queen 
 " of high crimes, and therefore desired that we 
 "might think of some speedy way of removing 
 " these jealousies between the King and Parlia- 
 " ment. Others desired that we might first move 
 " the Lords to join with us to command the 
 " Marquis Hartford upon peril of his life to go 
 
Memoir of Sir John Northcotc.o- xxi 
 
 " to the Court (at Hampton) and to take the young 
 " prince into his custody, having been formerly 
 " appointed Governor of his Highness by the King 
 " himself. 
 
 " When some offered to speak against it, others 
 " interrupted them, although it was yet no order of 
 " the House, having not passed upon the question. 
 "Sir John Norcott said plainly that this would 
 " rather increase the jealousies between the King 
 ' l and us than any way diminish them, it being 
 <c already reported by some that there was an in- 
 11 tention to crown the Prince and make him King. 
 <c But he was so interrupted as he was fain to give 
 " over before he had intended, and divers called to 
 " have the order read, which made me (D'Ewes), 
 " in respect of the weight of the business itself, 
 " and the orders of the House so extremely broken, 
 " to speak, &c." 
 
 Sir Simonds then gives us the substance of 
 one of his instructive lectures in the " superior 
 " person " style. As to the rest of the debate, he 
 merely observes that " Divers spoke after me, 
 "and, though all was not pursued which I had 
 " moved, yet a good part of it was." 
 
 It was then resolved " that the Lords should 
 "be moved to join with this House to command 
 " Marquesse Hartford, being formerly appointed 
 " by his Majesty to be governor of the Prince, 
 "should take care of him and attend his person, 
 " and take care that he might not be carried 
 
xxii Memoir of Sir John Northcote.^- 
 
 " beyond the seas ; and that whosoever should 
 " give that -advice or attend him on his passage 
 "shall be declared a public enemy to the king- 
 " dom." It was also resolved, on the motion of 
 Sir Hugh Cholmley, to move the Lords to join 
 in desiring his Majesty not to permit the Prince 
 to be carried out of the Realm. 
 
 This was the memorable day on which Mr. 
 Oliver Cromwell carried his motion " that a Com- 
 " mittee might be named to consider of means to 
 " put the kingdom in a posture of defence/' 
 
 Mr. Forster was misled by a very small error 
 in his transcript of D'Ewes's notes into stating 
 that Sir John Northcote said that he would rather 
 increase the jealousies between the King and 
 Parliament than diminish them. Having seen 
 both the transcript and the original, I can con- 
 fidently state that the word is this, i.e., the pro- 
 posal of Sir H. Cholmeley. The mistake is an 
 example of the effect which a misreading of one 
 syllable may sometimes produce in more impor- 
 tant matters of history. The declaration which 
 Mr. Forster attributes to Sir John Northcote 
 would indeed have been a most audacious one 
 at that time, when it was still the practice to 
 mention the King personally in terms of most 
 obsequious loyalty. Even in August, 1643, 
 Henry Martin was sent by the House to the 
 Tower for speaking against his Majesty. It is 
 enough that Sir John was certainly the first to 
 
Memoir of Sir John Northcote.t>- xxiii 
 
 mention in the House the idea which had been 
 suggested in conversation out of doors, that the 
 habitual duplicity of the King left no hope of a 
 satisfactory arrangement being made with , him, 
 and that the least dangerous course to adopt, in 
 a choice of evils, was to depose him in favour of 
 his son. 
 
 It is evident that Sir John did not give this 
 as his own opinion, but he may have mentioned 
 it as a means of testing the feeling of the House. 
 That it was his real opinion is, I think, clear 
 from the whole course of his life, and in this 
 view his career during the next twenty years 
 appears perfectly consistent. Nor would it be 
 easy, even after the event, to suggest any scheme 
 that would have been more likely to succeed. 
 Lord Macaulay, writing with all the experience 
 derived from two hundred additional years of 
 English history, came to exactly the same con- 
 clusion as did Sir John Northcote. 
 
 "When a country is in the situation in which 
 " England then was, when the kingly office is re- 
 "garded with love and veneration, but the person 
 " who fills that office is hated and distrusted, it 
 " should seem that the course which' ought to be 
 " taken is obvious. The dignity of the office 
 " should be preserved ; the person should be dis- 
 61 carded." . 
 
 Had it been possible to place Charles the 
 Second on the throne in 1642, with Hampden 
 
xxiv Memoir of Sir John Northcote.o* 
 
 for his governor, Bedford for Prime Minister, 
 and Pym for Chancellor of the Exchequer and 
 leader of the House of Commons, it seems prob- 
 able that the Revolution of 1688 might have been 
 anticipated, and that England might have been 
 spared the miseries of the Civil War, the dominion 
 of the Puritans of 1648, and the dominion of the 
 Cavaliers of 1661. 
 
 In April, 1642, several members of the House 
 of Commons subscribed money " towards the 
 " speedy reducing of the rebels in Ireland," and 
 we find that Sir J. Northcote put down his name 
 for the sum of ^"450. 
 
 On June i5th he spoke in the House in favour 
 of the appointment of Thomas Fuller as one of 
 the Lecturers of the Savoy. It is pleasing to 
 record that, even at that crisis, he was able to 
 appreciate a good and wise man of the opposite 
 party. 
 
 At this time both parties were preparing for 
 war in England. The Houses of Parliament 
 entrusted the work of raising the militia in 
 Devonshire to the Earl of Bedford and other 
 Commissioners, among whom Sir John North- 
 cote was one of the most active. The King 
 sent his Commission of Array to the Earl of 
 Bath, and under him the principal leader seems 
 to have been Sir John's Royalist relative, Sir 
 Hugh Pollard, sometime member for Beeralston, 
 who had been expelled the House and imprisoned 
 
Memoir of Sir John Nortkcote.o- xxv 
 
 for his share in the Army Plot, but had been 
 released on bail at the instance of his cousin. 
 
 Among the De la Warr papers preserved at 
 Knole are some letters written during that event- 
 ful summer and autumn. 
 
 On Sept. 25th, Sir Hugh Pollard wrote from 
 King's Nympton to the Earl of Bath : 
 
 " The Earl of Bedford is now at Taunton, in 
 " want of men and money ; he hath sent to his sure 
 "friends Chudleigh, Bampfield, and Northcott, for 
 " a supply of both, whose oratory cannot get one 
 <; trained man to move, nor above eight volun- 
 " teers ; and their credits cannot procure him a 
 " groat. I hear divers reports of an accommoda- 
 " tion, but believe none ; and, my Lord, depend 
 " upon it, his Majesty is in no ill condition." 
 
 This letter receives a curious comment from 
 the succeeding ones. At that very time the Earl 
 of Bedford was issuing orders for the arrest of 
 Sir Hugh Pollard, and four days afterwards Sir 
 George Chudleigh and Sir John Northcote wrote 
 to Major Carey, expressing their approval of 
 Captain Dewett's conduct in capturing the Earl 
 of Bath. 
 
 " Northcote's oratory " resulted in placing him 
 at the head of a regiment of 1200 men, which he 
 appears to have commanded during the first two 
 years of the civil war. He was slightly connected 
 with several of the leaders in the West. His 
 father's first wife, as has been already mentioned, 
 
xx vi Memoir of Sir Jbhn Northcoie.O* 
 
 was a sister of Francis Rous. His brother Robert 
 married a daughter of Sir Richard Strode of 
 Newnham, member for Plympton, and brother of 
 the more famous William Strode, member for 
 Beeralston. A sister of the Strodes was married 
 to Sir George Chudleigh, perhaps the chief leader 
 in Devonshire at the commencement of the war. 
 At the beginning of the siege of Plymouth, we 
 find Sir George " Governor of Plymouth, Mount 
 " Wise, and other Castles thereabouts," having 
 under his command about 2000 foot and 500 
 horse. Another sister was married to Sir Francis 
 Drake, the first baronet, and their son had married 
 a daughter of Pym. 
 
 In November, 1642, Sir George Chudleigh, Sir 
 John Northcote, Sir Samuel Rolle, and Sir Nicholas 
 Marty n, were proclaimed traitors by the King, 
 and specially excepted from his offer of grace 
 and pardon to all other offenders in Devonshire. 
 The House of Commons sent up to the Lords 
 a Declaration for their defence and protection. 
 D'Ewes records the circumstances at some 
 length, as he himself was named by Northcote 
 and Hollis to be the messenger, " being the first 
 " message I was ever sent up withal since my 
 " being in this Parliament." Poor Sir Simonds 
 was evidently proud of being selected, but the 
 circumstances induce us to suspect that it was 
 really a trap for him. His loyalty to the Par- 
 liament was considered very doubtful, and this 
 
Memoir of Sir John Northcote.t^ xxvii 
 
 was an opportunity to compel him to declare 
 himself. He went up very complacently, and 
 told the Earl of Manchester, who acted as 
 Speaker of the House of Lords, that the Decla- 
 ration was " for the vindication of some worthy 
 "members of the House of Commons and others 
 f< who have laboured to preserve the peace of the 
 " kingdom in the county of Devon !" 
 
 Four days afterwards, Sir Simonds appears to 
 have seen reason to doubt the accuracy of his 
 description of their conduct. In his journal for 
 Dec. 24 we find that 
 
 " Sir John Northcote brought in certain Articles 
 "for an association to be made between the 
 " county of Devon and one or two other counties, 
 "which were read." As usual, D'Ewes proceeds 
 to give his own speech, from which we have to 
 gather what the proposal really was. 
 
 "After which I stood up and spake in effect 
 " following : 
 
 " That I conceived there were some particulars 
 " in the said Articles which might be of dangerous 
 " consequence. As first in forcing men to take a 
 " Protestation, which perhaps many who would be 
 "very willing to assist against Sir Ralph Hopton 
 " may perhaps be unwilling to enter into any such 
 " Protestation. The next particular is concerning 
 " Martial Law, which is here permitted to some 
 " private men in a county, whereas we would by 
 " no means allow it to the general of our Royal 
 
xxviii Memoir of Sir John Northcote.o- 
 
 " Army when it was in the North the last year 
 " during the sitting of this Parliament. The third 
 "and last particular is to have power to seize 
 " horses for the service of the war, without excep- 
 " tion of so much as the very horses that must 
 " serve for ploughing the lands, by which in time 
 " a famine and dearth must be brought upon those 
 " parts." 
 
 Sir Simonds had as yet hardly realized what a 
 civil war was. 
 
 " After I had spoken, Sir John Northcote stood 
 " up, and showed that the Protestation was only to 
 "assist against Sir Ralph Hopton and his forces, 
 " and that, for the other two particulars, how large 
 " soever the power that was given them was, they 
 " would iise it but moderately (!) 
 
 "Whereupon the House passed the said 
 " Articles," and Sir Simonds shook the dust off 
 his feet. 
 
 " After which I departed out of the House 
 " between 4 and 5 of the clock this afternoon, and 
 " returned no more thither again this day." 
 
 Sir John Northcote, having obtained the full 
 powers he asked for, went off to take part in the 
 defence of Plymouth, which began to be pressed 
 by the Royal forces. A local annalist records 
 that " Barronet Norcot," with his regiment, was 
 quartered near Roborough Down, in order to 
 hinder the passage from Cornwall by Saltash, 
 where Sir Nicholas Slanning had 1000 men on 
 
Memoir of Sir John JVortkcote.c^ xxix 
 
 the King's side. Robert Northcote commanded 
 a troop of horse at the same time and place. In 
 the " Siege Window," erected in the new Guild- 
 hall of Plymouth, " in memory of besiegers and 
 besieged," the arms of the Northcotes have been 
 introduced, in honour of the part which they bore 
 in the defence of the town. 
 
 At the beginning of February the Houses 
 received a letter from the Earl of Stamford, in- 
 forming them that he was besieged in Plymouth. 
 On the 27th they received news of a victory won 
 at Modbury " by the forces under Lieut. Gen. 
 " Ruthen, Sir J. Bampfield, and Sir John North- 
 " cote, over the Lord Hopton's forces/' About 
 one hundred men were slain, and sixty taken 
 prisoners. Nearly a thousand stand of arms were 
 captured, and some artillery. 
 
 The Houses were much delighted at first, but 
 were not so well satisfied afterwards. It appeared 
 that the Cornish militia had run away, and that, 
 if the Devonshire men had followed up their 
 victory, the war in the West might have been 
 at once terminated. The Parliament began to 
 suspect that their soldiers were not anxious to 
 bear too hard upon their enemies, and this sus- 
 picion was soon verified. Within a fortnight after 
 the battle at Modbury, the Parliamentarian gentle- 
 men of Devonshire, among whom was Sir John 
 Northcote, and the Royalist gentlemen of Corn- 
 wall, had arranged preliminaries for an " associa- 
 
xxx Memoir of Sir John Northcote.o- 
 
 " tion " or peace among themselves, which would 
 have had the effect of neutralizing the two 
 Western counties. It was arranged that the 
 treaty should be ratified at Exeter, but the Houses 
 received information of it, and hastily sent down 
 Commissioners, who succeeded in preventing its 
 completion. 
 
 We all know how the nation had " drifted into 
 " war/' without any definite resolution. What was 
 at first a constitutional opposition became some- 
 thing more, and was met by the King with acts 
 of violence. The military demonstration, with 
 which the Parliament hoped to over-awe the 
 Sovereign, was replied to by the Commissions 
 of Array. The collision had become inevitable, 
 but, as long as the conduct of the war was chiefly 
 in the hands of country gentlemen, it was carried 
 on only in a half-earnest sort of way, with constant 
 attempts at accommodation, until at last the affair 
 passed into the control of a fiercer spirit, possessed 
 by a desire for very different objects, and utterly 
 despising a rose-water revolution. 
 
 The fortune of war now changed in the West. 
 The Royalists were victorious, and Exeter was 
 besieged during a great part of the year 1643. 
 On September 5 it capitulated to Prince Maurice 
 on liberal articles, one of which provided that his 
 Highness should procure " a free and general 
 " pardon " for all persons in the city, among 
 whom the Earl of Stamford, 'Sir J. Northcote, 
 
Memoir of Sir John Northcotc.t^ xxxi 
 
 and other superior officers, were mentioned by 
 name. This article was " much disgusted " in 
 Parliament, and not unnaturally, as it seemed to 
 admit that they were guilty of treason. 
 
 We next hear of Sir John at the siege of 
 Sherborne. He is mentioned by Clarendon as 
 having been sent by the Earl of Bedford, the 
 Parliament's General of Horse, to negotiate a 
 treaty with the Marquis of Hertford. His por- 
 trait appears in the magnificent illustrated copy 
 of the History in the Bodleian Library. 
 
 Shortly after this he must have been taken 
 prisoner, as we find by the Journals of the House 
 of Commons for Oct. 1 6, 1 644. 
 
 " Mr. Bond reports the case of the absence of 
 " Sir John Northcott, a member of this House, a 
 " prisoner to the King's Forces at Exon, and 
 " come up upon his Parole, to solicit his exchange 
 " for Colonel Gibson, a prisoner in the Tower. 
 
 " The humble Petition of Sir Jo. Northcote 
 " was read, desiring that the Report concerning 
 " him may be made, and his exchange expedited. 
 
 " Resolved, That this House doth allow that Sir 
 " Jo. Northcote, a prisoner on his Parole to the 
 " King's forces, shall be exchanged. 
 
 " That this House doth allow and approve of 
 " the exchange of Sir Alexander Denton, a prisoner 
 " to the Parliament, in the Tower, for Sir Jo. 
 " Northcote, a Prisoner to the King's Forces. 
 
 " Ordered, That it be referred to the Committee 
 
xxxii Memoir of Sir John Northcote.*^ 
 
 " of Prisoners, to take caution of Sir Alex. Den- 
 " ton ; and to limit him a time to go to solicit 
 (< his exchange, not exceeding the time limited and 
 " remaining to Sir Jo. Northcote." 
 
 This affair must have taken some time, as it is 
 not until May 7, 1645, tnat we find it 
 
 "Resolved, That Sir Jo. Northcott be forthwith 
 " admitted to take his place, and to sit as a mem- 
 "her in the House." 
 
 On June 3rd Sir John Northcott and Mr. Bond 
 were appointed on the Committee for Plymouth, 
 Lyme, and Poole. 
 
 On the same day Sir John's name appears in a 
 long list of members who were to have " an allow - 
 " ance of Four Pounds per week, for their present 
 " maintenance," probably on account of their estates 
 being in the power of the enemy. 
 
 On the 24th Nov., 1645, some suspicion appears 
 to have been excited, and it was 
 
 Ordered, "That it be referred to the Committee 
 " of Examinations, to examine Sir John North- 
 " cote's servant, who was prisoner at Winchester, 
 " concerning any letter supposed to be carried by 
 " him to the Lord Digby. And likewise that the 
 " business concerning the Cypher, wherein Sir 
 " John Northcote was named, be by them likewise 
 " examined." 
 
 The result of this examination does not appear. 
 On the 2Oth August, 1646, the order for the 
 allowances of four pounds a week to certain 
 
Memoir of Sir John Nortkcote.*^ xxxiii 
 
 members was discharged, the whole country being 
 now under the control of the Parliament. 
 
 It is pretty certain that Sir John never served 
 in the field after the " self-denying ordinance." 
 Having drawn his sword for the ancient liberties 
 of England, he had no love for a military 
 despotism, and he seems to have been constant in 
 his opposition to the Cromwellian system. Even 
 the author of the Mystery of the Good Old Cause 
 does not accuse him of having made a profit 
 of his political principles. He was one of the 
 members " secluded " by the army in 1 648, before 
 the trial of the King, and in 1651 his name was 
 omitted in the new Commission of the Peace for 
 the County of Devon. 
 
 In 1654 the Protector called a Parliament, to 
 be elected according to a scheme of Reform 
 invented or adopted by himself. Devonshire had 
 eleven members allotted to it, and of these Sir 
 John Northcote was one. We may be sure that he 
 went very heartily into opposition, which increased 
 his popularity in his native county. 
 
 In the list of the Parliament of 1656 he appears 
 as the first, or perhaps we may say the Captain, 
 of the eleven. But this time Cromwell allowed 
 no member to take his seat unless he had first 
 obtained a certificate of having been " approved 
 " by the Council." Some of the excluded members 
 were bold enough to publish a Remonstrance, 
 which may still be read, reflecting in unmeasured 
 
xxxiv Memoir of Sir John Northcote. <^ 
 
 language upon the tyranny of the Lord Protector, 
 and among the signatures to that document we 
 find the name of John Northcote. 
 
 Oliver died, and Richard Cromwell called a 
 Parliament on the old system. Devonshire had 
 again only two representatives, and the first of 
 these was Sir John Northcote. His long ex- 
 perience of public affairs, as well as his opposition 
 to Cromwell, had now evidently made him a man 
 of considerable mark. He was placed upon many 
 Committees, and at least once sent up with a 
 message from the House to the Protector. We 
 find by Burtons Diary, with which Goddard's 
 Notes are incorporated, that he was at this time 
 a frequent speaker in Parliament. Mr. To will 
 Rutt, the editor of that work, gives us a facsimile 
 of his signature on the same page with those of 
 Oliver and Richard Cromwell, Thurloe, Earle, 
 Hesilrige and Vane. 
 
 His chief speeches which have been preserved 
 were delivered in this Parliament, against the 
 recognition of Cromwell's House of Lords. He 
 appears as an enthusiast for representative 
 government, and as entertaining a contempt for 
 the pretended Peers which might have moved 
 the admiration of an old Cavalier. On March i, 
 1658, 
 
 SIR JOHN NORTHCOTE said : " It was minded 
 " you by my learned countryman (Maynard) that 
 " no law was rightly made but by King, Lords, 
 
Memoir of Sir John Northcote.<^ xxxv 
 
 "and Commons. I am sure this law was not 
 " made so. If you admit this for a law, you give 
 " away all the rights and liberties of the people at 
 "once; such a thing as never was done. How 
 " that law was made, I shall not examine. The 
 " Triennial Bill had taken care for calling Par- 
 " liament, if the Petition and Advice had not ; or 
 " the lex natures directs us how Parliaments should 
 " be called. 
 
 "In the Saxons' time, every May-day, the 
 " chief officer and the great council were chosen. 
 " All power, I do affirm, was derivative from the 
 "people. After the Conquest, in Henry the 
 " Third's time, the Lords were not hereditary. 
 
 " The first hereditary Lord was one Beaumont, 
 "in Henry the Sixth's time. If usage can make 
 " a right, they had it, but not for themselves, but 
 " for the good of the nation. 
 
 " I would have this examined, whether it be for 
 " the good or destruction of the nation that 
 " this House now in being should stand. They 
 " ventured their lives, but not their fortunes. 
 " The other Lords did venture both, and that 
 " they should be excluded and these advanced, is 
 " not just nor reasonable. I would have you first 
 "put the question, whether the Petition and 
 " Advice be a law/' 
 
 Again, on March 5, Sir John Northcote said : . 
 
 "We thought in the Long Parliament we 
 " might restrain the inordinate power of the Chief 
 
 d 2 
 
xxxvi Memoir of Sir John Northcote.o* 
 
 " Magistrate. That was the ground of our quarrel 
 " in the late war; but by this argument we cannot, 
 " and it seems we cannot bound these Lords' 
 " exorbitant powers. I am sorry to observe 
 " the argument. 
 
 " It is said, we must take care we bring not 
 " ourselves under Major Generals. I did not 
 " expect that argument in this place. I did fight 
 " against an exorbitant power in the King's hands, 
 " and I will fight against it again to the last drop 
 11 of blood, if his Highness command me, whenever 
 " such power shall be set up, if it be to-morrow, 
 " and in whatever hands it be. 
 
 " It is objected that Lord Lieutenants heretofore 
 *' sat in the other House. That was introduced 
 " but in Queen Elizabeth's days, and was then 
 " complained of. Besides, they were great lovers 
 " of the people. The Lieutenants were persons of 
 " quality, and the captains men of estates. The 
 " common soldiery were the yeomanry. None 
 " had any pay. These are mean people, and 
 " must be paid by you. 
 
 " You bring yourselves into the old condition 
 " of slavery, if you go to establish those with this 
 " external power. If you establish them not by a 
 " law, if they be established in their power, you 
 " establish slavery perpetually upon the people. 
 "If the civil and military power be joined together 
 " there by a law, some of them that offered force to 
 " Parliaments, and disturbed us, are sitting there. 
 
Memoir of Sir John Northcote.<^>~ xxxvii 
 
 " What they have done they may do. Joab would 
 " not take part with Absalom, 1 but he did with 
 " Adonijah. 
 
 " I cannot be satisfied but that those persons, 
 " in consequence, may join to set up themselves, 
 " and pull down both the single person and this 
 " House. I would have such an addition as may 
 " so bound them, that they may not enslave the 
 "people." 
 
 Richard Cromwell and his Parliament passed 
 away, and the remnant of the Long Parliament 
 returned to their House. Sir John does not 
 appear at first to have taken any part in their 
 proceedings. It is probable that few or none of 
 the members secluded in 1648 took their seats on 
 this occasion. It seems not unlikely that Sir John 
 went down to his county to raise the militia for 
 the defence of Parliament against the army, as he 
 had once raised it for the defence of Parliament 
 against the King. We next hear of him as a 
 prisoner, and though, as on a former occasion, we 
 are left to infer the fact of his imprisonment from 
 the fact of his liberation, I think there can be little 
 doubt that Lambert, when he again expelled the 
 remnant of the House of Commons, took the 
 precaution of arresting Sir John Northcote. After 
 the second return of the members of that famous 
 assembly, he is repeatedly mentioned in the 
 
 1 2 Sam. xiv. 29 ; I Kings, i. 7. 
 
xxxviii Memoir of Sir John Northcote.<^-> 
 
 Journals. On Feb. 2ist, 1659-60, it was ordered, 
 That Sir John Norcott, Sir William Courtenay, 
 Sir Richard Temple, and Sir Copleston Bampfield, 
 be discharged of their imprisonment. 1 On Feb. 27, 
 he was appointed one of a committee to consider 
 "who are in Prison, and who are fit to be dis- 
 " charged." On Feb. 29, he was placed on the 
 Committee for Settling of Ministers and matters 
 concerning Religion. He was also on the Com- 
 mittee for settling the Militia, and on some others, 
 although the Parliament only lasted till the i6th 
 of March. 
 
 The Convention Parliament met on the 25th 
 April. The number of Knights of the Shire for 
 Devon was again only two, and of these Sir 
 John Northcote was one, his colleague being no 
 less a personage than the Lord General Monk, 
 destined soon to confer a crown, and himself to 
 receive a ducal coronet. It must be considered 
 a striking proof of Sir John's influence in his 
 native county, that one so deeply compromised in 
 the commencement of the rebellion should have 
 been returned to Parliament in the first burst of 
 reviving loyalty. Like Markham Everard in 
 Sir Walter Scott's Woodstock, he cordially con- 
 
 1 In the Clarendon Correspond- " sending to General Monk and the 
 
 ence is a letter from Mr. Broderick, " City a declaration to live and die 
 
 stating that "the gentlemen ef " with them in obtaining a free Par- 
 
 " Devon take the imprisonment of "liament." See a paper on Quarter 
 
 " Sir Copleston Bampfield and the Sessions under the Commonwealth, 
 
 " rest so much to heart, that they are in Eraser's Magazine, May, 1877. 
 
Memoir of Sir John Northcote.z^ xxxix 
 
 curred in promoting the Restoration. Indeed, he 
 showed his loyalty by moving a grant of ^7000 
 to buy jewels for his Majesty at the Coronation, 
 the former ones having been stolen, which was 
 seconded by Lord Valentia, and carried, with the 
 amendment that the sum should be ; 10,000. 
 Such a motion, proceeding from a private mem- 
 ber, would hardly be approved by a modern 
 Chancellor of the Exchequer. It seems possible* 
 judging from Sir John's constant appearance in 
 debate and on almost every Committee at this 
 time, and from his being the colleague of General 
 Monk, that he may have held some office during 
 the Convention Parliament. But, though he had 
 become convinced, or perhaps always had been con- 
 vinced, that the re-establishment of the Monarchy 
 was necessary for the well-being of the country, 
 he was not carried away by the violent re-action 
 which tended to prostrate the ancient liberties of 
 England at the feet of Charles the Second. He 
 spoke repeatedly in favour of pardon and amnesty, 
 and, when necessity arose, he seems to have con- 
 fronted the triumphant Cavaliers in debate as boldly 
 as he had met them, or their fathers, in the field. 
 
 A few fragments of his speeches have been 
 preserved. In a debate on a Conference between 
 the two Houses concerning the Indemnity Bill, 
 Aug. 1 8, 1660, Colonel Jones exclaimed, "What 
 " will the world think of those that speak for the 
 " Kind's murderers ?" 
 
xl Memoir of Sir John Northcote. o- 
 
 " Sir John Northcote got up and desired he 
 " might be called to the Bar or explain himself. 
 " Upon which the Colonel stood up again and 
 " said he did not reflect upon any person." So 
 early was the practice established of using words 
 in a " Parliamentary" sense. In the same debate 
 Sir Richard Brown the younger said he was for 
 mercy, but it was for all the people in the land, 
 and not for such horrid murderers as these were. 
 "Sir John Northcote moved for a free conference, 
 "and, if the Lords would not agree with them, 
 " then to agree with the Lords as to their excep- 
 " tions. Serjeant Hales said that the Proclamation 
 " did not imply that those who came in should be 
 " pardoned, though they did presume upon it," &c. 
 
 In a debate in the Commons on Religion, 16 
 July, 1660 (perhaps on the bill "for the confirming 
 "and restoring of Ministers," 12 Charles II. Cap. 
 XVII.), "Sir John Northcote began the debate 
 " by speaking very highly against Deans and 
 " Chapters, but spared the Bishops, saying the 
 " former did nothing but eat and drink and rise 
 "up to play, or something worse; upon which 
 
 " Mr. stood up and reproved him, but he 
 
 " was justified by Sir Walter Erie." 
 
 Sir John Northcote again moved in behalf of 
 the ministry, and said " Many of those who were 
 " ordained by Presbyters were active in bringing 
 "in the King." Sir Anthony Ashley said our 
 religion was too much mixed with interest, &c. 
 
Memoir of Sir John Northcote.t^ xli 
 
 On August 10 there was a debate in the 
 Commons on the question whether the Money 
 Bill should precede the Act of Grace. A motion 
 was made by Mr. Annesley for carrying up the 
 Money Bill, which had already been prepared, 
 and only waited for the Royal assent. Sir John 
 Northcote said, " That his duty to his King and 
 "his love for his Country made a conflict within 
 " him, and desired the Bill for Money might not 
 "be carried before the Act of Indemnity was 
 "passed." To which Mr. Pierpoint answered. 
 
 Sir John seems to have been sufficiently 
 advanced to favour the Rights of Women. On 
 Nov. 10 in the same year Mr. Ferrers brought in 
 a bill for preventing the voluntary separation and 
 living apart of Women from their Husbands, and 
 that they should not be allowed Alimony, or have 
 their debts paid, if they went away without 
 consent. The bill was read a first time. In the 
 course of the debate Sir John Northcote said, " It 
 "was not improper for an old man to speak in 
 " behalf of the women. That perhaps a young 
 "man marrying a rich old woman, might also 
 " take it into his head to part from her, and so 
 " the woman might be ruined/' He therefore 
 moved to throw out the Bill, but was beaten on 
 a division by 1 16 to 96. 
 
 We find his notions of finance expressed by a 
 motion " to borrow money of the Hollanders at 
 " 6 per cent, and to give the excise for security." 
 
xlii Memoir of Sir John Northcote. o- 
 
 On Nov. 13 the House resolved itself into a 
 Grand Committee for consideration of the Public 
 Debts. Mr. Knight moved to raise money by 
 a Land Tax. Sir John Northcote was for not 
 paying any of Cromwell's debts ; and to leave tJie 
 raising money by a land tax to the last way of all. 
 On another occasion he even opposed a proposal 
 to allow the cost of the funeral expenses of Crom- 
 well and Bradshaw out of the forfeiture of their 
 estates. 
 
 On Nov. 20, there was a debate on a seditious 
 pamphlet " penned and published by William 
 " Drake,'' arguing that the Long Parliament was 
 still legally in being, and that the Convention 
 Parliament was an unlawful assembly. Mr. 
 Annesley said he did agree that the book was 
 seditious, but the man repented of it, and had 
 formerly merited ; that it was hard to ruin a man 
 for the first fault ; and moved to forbear a while 
 the severity of his punishment, but to burn the 
 book. Sir John Northcote said it was not safe 
 or honourable for them to spare him ; and moved 
 to agree in all with the Committee but the 
 imprisonment. Mr. Howard said that he was 
 writing a Mene Tekel upon the wall against 
 them, &c. 
 
 Sir John was not returned to the Parliament of 
 1 66 1, and it does not appear that he was a candi- 
 date. He was succeeded by his Cavalier cousin, 
 Sir Hugh Pollard. It is probable that very few 
 
Memoir of Sir John Northcote.<^>~ xliii 
 
 who had ever borne arms against the King were 
 returned in the midst of that loyal delirium. The 
 old Parliamentarian must have felt a melancholy 
 interest in haunting for a while the familiar scene, 
 and observing the undoing of the great deeds of 
 that House in which he had sat twenty years 
 before. This interest is testified by a single 
 sheet of foolscap which has been preserved, con- 
 taining brief memoranda of the proceedings of the 
 House of Commons in May and June, 1661. 
 
 His name was replaced on the Commission of 
 the Peace for Devon, and he was for some years 
 a regular attendant at Quarter Sessions. We 
 may fancy him employing himself in his latter 
 years by the erection of the monument of his 
 father, and by the composition of the various 
 mottos and epitaphs in English, French, and 
 Latin, which are inscribed upon it. It may be 
 that he felt rather weary and out of place in the 
 England of Charles the Second, though not dis- 
 contented, and not ashamed of the part which he 
 had played among the men of a greater genera- 
 tion. So at least, we may interpret the inscrip- 
 tion near the kneeling effigy of himself at the 
 foot of his father's tomb : 
 
 " ITA vixi UT NON PUDET VIVERE, NON PIGET MORI. 
 JOHANNES NORTHCOTE, QUI HUNG TUMULUM 
 IN MEMORIAM PARENTUM FIERI FECI." 
 
 He died in 1676, having attained the age of 77. 
 
xliv Memoir of Sir John Northcote. o- 
 
 His wife had died in the preceding year, and they 
 were both buried in the Church of Newton St. 
 Cyres. No additional memorial of him marks the 
 spot, nor is any required. There are two por- 
 traits of him at Pynes, one representing him in 
 breastplate and gorget, as when he led his 
 regiment to Plymouth, the other taken when he 
 was an old man, with long white hair, and a stern 
 expression of countenance, as when he sat in the 
 Convention Parliament. 
 
 Sir John was succeeded by his son Sir Arthur, 
 who seems to have been of a different shade in 
 politics, if we may judge from the fact of his having 
 been nominated one of the Knights of the pro- 
 jected Order of the Royal Oak, and from his 
 concurrence with the majority of the Justices in 
 signing the violent orders against Nonconformists 
 issued at the Quarter Sessions of Devon about 
 the time of the Rye House Plot. He married 
 first the heiress of James Welsh of Alverdiscot, 
 and secondly a daughter of Sir Francis Godolphin, 
 and sister of that Sidney Godolphin who became 
 Lord High Treasurer of England. From the 
 latter lady is descended the present Chancellor 
 of the Exchequer, who is also the representative 
 of Tristram Risdon, a name dear to Western 
 antiquaries as that of the author of the Survey 
 of Devon in 1630. We need not repeat facts 
 which are to be found in Baronetages and similar 
 publications, but it may be worth recording that 
 
Memoir of Sir John Northcote. o- xlv 
 
 certain members of the house seem to have 
 sympathised with the exiled Stuarts. Several 
 good portraits of that ill-fated race are preserved 
 at Pynes, and it is recorded that a mass of corre- 
 spondence with the Jacobites was destroyed in a 
 season of danger. 
 
 The Northcotes have ever been a long-lived 
 family. The present Baronet is only the eighth 
 who has held the title in a space of 236 years. 
 Not only his friends and followers, but most 
 Englishmen, will join in the hope that he may 
 long be spared for the service of his country in 
 quieter times than those in which was cast the lot 
 of his ancestor. 
 
 %* The coat of arms on the cover is copied from Sir John Northcote's 
 own seal. 
 
INTRODUCTION 
 
 TO THE NOTE BOOK. 
 
 SIR JOHN NORTHCOTE'S Note-book, which I 
 have now the pleasure of introducing' to the 
 reader, is a small volume, about eight inches in 
 length by four in breadth, of a convenient size 
 and shape to be readily slipped into the pocket, 
 stoutly bound in calf, and shewing the remains of 
 two sm all brass clasps which once fastened it. It 
 has been preserved continuously in the family of 
 its writer, and there can be no doubt whatever of 
 its authenticity. It is a genuine relic of that 
 great epoch in English history which commenced 
 in 1640. 
 
 Those who care for such matters may under- 
 stand the pleasure of handling a manuscript 
 book, which was frequently carried in and out 
 of the House of Commons at the commence- 
 ment of the Long Parliament, and of decipher- 
 ing sentences traced by a hand perhaps warm 
 from the pressure of the hand of Pym or 
 Hampden, and guided by an eye which, when 
 withdrawn for a moment from the paper, rested 
 
xl vi i i Introduction, o- 
 
 upon the face and figure of Falkland or Crom- 
 well. 
 
 The leaves of the book are closely filled with 
 writing on both sides, with the exception of two 
 or three fly-leaves at each end, which contain 
 miscellaneous memoranda. The report com- 
 mences nearly in the middle of the volume, with 
 the sitting of November 24th. The House had 
 met three weeks before, and we may fancy that 
 the writer intended to enter in the first part of the 
 book the previous proceedings, as he might 
 obtain them from some other source. But he 
 omitted to do this, and, when he got to the end 
 of his Note-book, he turned back to the beginning, 
 and continued his report without a break. This 
 seems to me an incidental confirmation, if any 
 were needed, of the notes having been actually 
 taken on the spot. No man copying out another 
 person's notes, or even his own, would be likely 
 to do it in such a way, unless compelled by a 
 dearth of paper more severe than any that existed 
 in the London of Charles the First. 
 
 The handwriting is small, hasty, and somewhat 
 cramped, with many contractions, and rather 
 trying to patience and eyesight, but sufficiently 
 regular to offer no insuperable obstacle to one 
 accustomed to decipher manuscripts of that 
 period. Though some passages have cost me 
 more trouble than would be imagined by those 
 who have not tried a similar operation, and 
 
Introduction, o- xlix 
 
 though one can hardly be quite sure of such 
 contractions as con, or com, which might stand for 
 common, commons, committee, convocation, con- 
 cerning, canons, council, county, commission, and 
 so on, I think I may say that there is scarcely a 
 single word about which I feel any doubt, which 
 is more than one would be disposed to say of the 
 deliberate caligraphy of certain eminent living 
 authors. 
 
 When we contemplate the fact of these Notes 
 having been written amid the discomforts and 
 distractions of the House of Commons of 1640, 
 in the cold and gloom of a London winter, in a 
 chapel destitute of stoves, and in an age undream- 
 ing of gas, we must form a high idea of the 
 industry and determination of Sir John Northcote. 
 And when we observe how well, without using 
 short-hand, he took the chief points of a speech, 
 and transferred them to his book in two or three 
 pithy sentences, we must entertain an equally 
 favourable opinion of his talent for Parliamentary 
 life. 
 
 One or two of the speeches which he records, 
 such as that of Falkland on Ship-money, and that 
 of the Lord Keeper Finch in his own defence, 
 have been preserved at some length by the 
 historians of the Long Parliament, and so serve 
 as a test of Sir John Northcote's powers of 
 reporting. The celebrated Petition of the City of 
 London against the Bishops, &c., has no doubt 
 
1 Introduction, o- 
 
 been preserved verbatim. Sir John's notes of it 
 shew just sufficient discrepancy to prove that they 
 were taken when it was read viva voce, and 
 therefore indicate the points which struck a very 
 accurate observer as the most important at that 
 moment. 
 
 I cannot pretend to claim for these Notes that 
 they will alter the generally received views of 
 English History. If they contained evidence 
 proving that Pym was a Jesuit, that Laud was 
 a Puritan, that Hampden was in the pay of the 
 King, and Strafford a martyr for liberty, they 
 would no doubt attain a wide popularity. All 
 I can claim for them is that they furnish a few 
 additional facts concerning matters that were in 
 some measure previously known, that they indi- 
 cate the line taken by various eminent men in 
 particular debates, that they shew us a number 
 of gentlemen generally supposed to have been 
 mute inglorious members taking part in the 
 discussions, and that they make us a little more 
 familiar with the mode of transacting business in 
 that famous assembly to which they refer. 
 
 I have met somewhere with the remark that 
 the epoch was so great that no details concerning 
 it can be small. Some readers may perhaps 
 recognise, here and there, a touch that lets in a 
 glimpse of light upon an obscure point. For 
 instance, in presenting the Report upon Strafford 
 on November 24, Pym observed that "altering 
 
Introduction.^^ li 
 
 " of Laws was to be avoided/' which seems to 
 prove that the Committee had already discussed 
 the question whether to proceed by attainder or 
 by impeachment. 
 
 We find in this little Note-book the record of 
 the inception of great events, which afterwards 
 shook the country from end to end. A few 
 drops of water, trickling through a small crack in 
 the embankment of the Mississippi, are the pre- 
 lude to a deluge that sweeps away everything that 
 stands in its way, and inundates many square miles 
 of country. Even such were the proceedings of 
 the first few weeks of the Long Parliament. 
 
 Those proceedings were very far removed 
 from an age of shorthand writers, and telegraphs, 
 and daily newspapers, and summaries of debates, 
 and " Essences of Parliament," and " Sketches in 
 " the House of Commons/' and " Our London 
 " Correspondents," and photographs, and carica- 
 tures, and all the apparatus which we are accus- 
 tomed to see employed for turning the fiercest 
 light of publicity upon our statesmen and poli- 
 ticians. There was no privilege of Parliament 
 more jealously guarded at that time than the 
 privilege of secrecy. The House of Commons 
 discouraged in general any report of its pro- 
 ceedings, absolutely forbade the publication of 
 its debates, and even visited with its displeasure 
 the members who took notes for their own 
 private satisfaction. 
 
 e 2 
 
lii Introduction. 
 
 Sir Simonds D'Ewes, " the principal note-taker 
 " in the House/' records that he had to defend his 
 conduct in that respect, and to protest that he 
 should not communicate his journal to any man 
 living. "It you will not permit us to write, we 
 " must go to sleep, as some among us do, or go 
 " to plays, as others have done," an awful scandal 
 among Puritans. On that occasion Sir Walter 
 Earle and Sir Henry Vane spoke against the 
 practice, and Sir Edward Alford was required 
 to give up to the Speaker some notes which he 
 had taken. 
 
 Lord Digby's conduct in publishing a speech 
 of his own was referred to a Committee, and he 
 only escaped expulsion by being suddenly raised 
 to the Peerage. His speech was burnt by the 
 hangman. Sir Edward Bering for a similar 
 reason was actually expelled the House and 
 committed to the Tower. The member who 
 moved that his speech should be burnt was Mr. 
 Oliver Cromwell. He declared that Sir Edward 
 was guilty of (i) discovering the secrets of the 
 House ; (2) disgracing the acts of the House ; 
 (i) naming members of the House to their 
 
 \O I O 
 
 disgrace. 
 
 On February 4, 1640-1, Mr. Francis Nevil, a 
 member, was committed to the Tower for breach 
 of privilege in the preceding Parliament, " by 
 " discovering to the king and council what words 
 " some members did let fall in their debate in 
 
Introduction, o- 1 i i i 
 
 " that House." It appears that any member who 
 took notes was suspected of being a spy of the 
 king, and was regarded with the same feelings 
 with which a school-boy who " tells tales " is 
 regarded by his companions. 
 
 On the occasion of the debate on the impeach- 
 ment of Lord Strafford, with which Sir John 
 Northcote's notes commence, an order was made 
 " that no member should offer to go forth." The 
 " outward rooms " were cleared, and the outward 
 door kept locked, and so continued for four or 
 five hours. 
 
 In this Note-book we may observe a remark- 
 able entry on the ist December. Sir John 
 Hotham spoke " against Mr. Rushworth taking 
 " notes by shorthand." A committee was ap- 
 pointed " to view the Clerk's book every Satur- 
 " day, to allow of what they think fit to be 
 " preserved, and no copies of arguments. And to 
 " examine what copies have been given, and to 
 " whom." Again, on Dec. 3rd, we find Pym 
 obtaining an order for secrecy of those that were 
 to be present at the examination of witnesses 
 against Strafford, and " the Committee did 
 " severally protest secrecy." 
 
 Sir John Northcote reports at some length the 
 heads of a speech made by Mr. Holborne on 
 Dec. 1 5 in defence of the new Canons, or rather 
 of the Bishops. Of this speech Nalson, writing 
 about the year 1680, only says, " Mr. Holborne 
 
1 i v Introduction, o- 
 
 " argued two hours in justification of them, but I 
 " have not been able to gratify the reader with his 
 " arguments, it being the constant method of that 
 " age to discourage the printing of anything that 
 " did oppose them, by which means very few 
 "speeches or arguments of the loyal party have 
 " been rescued from oblivion, or transmitted to 
 " posterity." He goes on to say, with his usual 
 unfairness, that the proceedings of the other party 
 were " with great care and industry divulged and 
 " spread abroad through the nation ; " but this is 
 certainly not generally true respecting their 
 speeches in Parliament. 
 
 I have modernised the spelling of the " Notes," 
 as it appears to me that the retention of the 
 antique mode of spelling is wearisome both to 
 the writer and reader, when continued through 
 many pages, though it is often effective in an 
 isolated quotation. I have made an exception 
 with regard to proper names, as their original 
 orthography is somewhat curious. Sir John 
 Northcote's spelling is generally more regular and 
 consistent than was usual in that age, but in 
 the case of proper names he was, if possible, more 
 careless than his contemporaries. The name of 
 the great leader of the House of Commons, 
 though it only consisted of three letters, is spelt in 
 three, if not four, different ways. It is never 
 Pym, the form which has been adopted in modern 
 times. We find it spelt Pirn, Pimm, Pimme, and 
 
Introduction, c^ 1 v 
 
 in one case I am inclined to think that it is repre- 
 sented by Pern. It is often represented simply 
 by Mr. P., a tribute to Pym's importance, as 
 there were plenty of other members whose names 
 began with the same letter. Hampden's name is 
 never spelt in the modern way. He is Hamden, 
 or Hambden. The latter form seems to have 
 been the correct one at that time, and is retained 
 by Hume in his History. St. John is sometimes 
 St. Johns, and Strode is always Stroud. Hyde is 
 always spelt Hide, and Palmer is sometimes 
 Paulmer. Sir John Strangways' name is spelt in 
 various ways, which is very pardonable, and the 
 difficulty is often avoided by simply calling him 
 "Sir Jo. Strang." "Haselrig" and " Fiennes " 
 also give considerable opportunities for variation. 
 It is characteristic that, though the name may be 
 contracted, the title of Mr., or Sir, is always pre- 
 fixed. Cromwell does not appear at all in the 
 debates of these weeks, and Hampden very 
 seldom. 
 
 It would be absurd to affect ignorance of two 
 works with which this Note-book may naturally be 
 compared, Sir Ralph Verney's Notes, edited by 
 Mr. Bruce for the Camden Society, and Sir Simonds 
 D'Ewes's Reports of the Proceedings in the Long 
 Parliament, which still remain in manuscript in 
 the British Museum, but which have been made 
 well known to the world by Mr. Carlyle and Mr. 
 Forster. 
 
Ivi Introduction, o- 
 
 Sir Ralph Verney's Notes cover a larger space 
 of time than Sir John Northcote's, but in no other 
 respect do they appear to me superior. A great 
 part of them consists, like the Journals of the 
 House, merely of resolutions without the debates, 
 and those speeches which he reports are often set 
 down without the names of the speakers. I may 
 be prejudiced, and very likely am, but it appears to 
 me that Sir Ralph was not so quick as Sir John in 
 seizing the material points of a speech, and setting 
 them down in a very few words. However, there 
 is a great resemblance between the two, and it is 
 curious that they do not in the least interfere with 
 each other. Sir John Northcote's notes end on 
 the 28th of December. Sir Ralph Verney's do 
 not begin till the loth of February, except as 
 regards the Committee on Mr. Hobby's election, 
 which Sir John dismisses in exactly three words. 
 
 The work of the other great note-taker of the 
 Long Parliament, Sir Simonds D'Ewes, is of a 
 very different character. It may almost rank with 
 Pepys's Diary among the curiosities of literature. 
 It is impossible for any careful student of the 
 history of that period to feel otherwise than grate- 
 ful to the writer of such a work, or to refuse a 
 tribute of admiration to his extraordinary per- 
 severance and industry. But Sir Simonds' 
 manuscripts are not mere reports of the debates. 
 It seems to me, having spent some time over 
 them, that they were clearly intended to serve as 
 
/;/ troduction. o- 1 v i i 
 
 materials for a complete History of the Long 
 Parliament, and that, if their author's life had been 
 prolonged, and his literary ability had been equal 
 to his assiduity, he might have left us a book 
 scarcely inferior to the History of Clarendon. 
 But, like the History of Clarendon, it would have 
 been a book written for a definite purpose. 
 Clarendon wrote his History to exalt a party. 
 Sir Simonds D'Ewes wrote his Journal, as he 
 wrote his Autobiography, to exalt himself. He 
 generally gives the speeches of other men in 
 a brief, fragmentary style. His own speeches 
 are given at length, often fairly copied out by 
 a clerk, and, I suspect, written, or at least im- 
 proved, after the predictions contained in them' 
 had been verified. There are passages in speeches 
 delivered in 1642 which foretell the destruction, 
 not only of the Monarchy, but of the Parliament, 
 by the army that was being created, and which, if 
 we believe their date, establish the speaker's claim 
 to superhuman sagacity. His usual style is, "The 
 " House fell into a most unnecessary debate/' &c. ; 
 " Whereupon, after three or four had spoken, I 
 " stood up, and spake in effect following." Then 
 comes a long speech, bristling with Latin, and 
 adorned by copious quotations from the rolls of 
 ancient Parliaments. " Then followed a great 
 " plaudit e or approbation in the House, many 
 " speaking out loud, Well moved, Well moved ! " 
 "Divers expressed their approbation/' "After 
 
1 viii Introduction. 
 
 " me, divers spake to small purpose!" "Mr. - 
 " spake long, and all of little moment ! " 
 
 Once, after giving a long speech of his own, he 
 honestly adds the memorandum, " This was not 
 "spoken." Finding his success not equal to his 
 merits, he became jealous of the leaders, " that 
 " insolent proud fiery spirit Mr. Pym, whom I once 
 " much esteemed for the piety I conceived had 
 " been in him," and " his cunning companion Mr. 
 " Hamden." It is curious to observe the small 
 proportion of space allotted by Sir John North- 
 cote and Sir Ralph Verney to the eloquent 
 member for Sudbury, who, according to his own 
 account, was the chief speaker in the House. It 
 seems impossible to doubt that his careful, though 
 unfinished, sketch of that great epoch, of the 
 melancholy and dignified King, of the brilliant 
 Strafford, of Pym, and Hampden, and Falkland, 
 and Strode, and all the wise statesmen and dash- 
 ing debaters of the House of Commons, was 
 intended principally as a background for the 
 principal figure, the great ME, ME, Sir Simonds 
 D'Ewes, Knight and Baronet, of Stowlangtoft, 
 sometime High Sheriff of the County of Suffolk, 
 heir of all the D'Ewesesand of all the Simondses, 
 husband of the heiress of all the Cloptons, the 
 wise, the good, the eloquent, the learned, the 
 depository of all the records of all the Parliaments 
 of England, the elect of Sudbury in this world, but 
 destined for a higher place in the world to come. 
 
Introduction, o- 1 i x 
 
 The commencement of the Long Parliament 
 was one of those rare and brief periods when all 
 honest men may be said to belong to one party. 
 From every part of the kingdom the most 
 prominent country gentlemen and lawyers had 
 been sent up to Westminster, charged to put an 
 end to the intolerable abuses of the preceding 
 years. That fair brotherhood was afterwards 
 dissolved in blood, but, for the time, Hyde, Falk- 
 land, and even Digby, were as eager as Pym and 
 Hampden to pull down the minions who had 
 almost ruined England. One of the most curious 
 proceedings reported by Sir John Northcote is 
 the appointment of a Committee to " interview " 
 the Judges. Two members were to go to each 
 judge separately, and get all the information they 
 could out of him respecting the " solicitations " 
 used by the Lord Keeper Finch to induce him 
 to give an opinion favourable to the King on the 
 question of ship-money. Of all this business it 
 is evident that Falkland and Hyde were the 
 prime movers. 
 
 The counties of Devon and Cornwall, and the 
 boroughs with which they were then so thickly 
 studded, sent up a strong Western Alliance. 
 These men were indignant, not only at the 
 general grievances of the country, but at the spe- 
 cial wrongs of their own district, the Stannary 
 Courts and the pressing and billeting of soldiers 
 and sailors in the neighbourhood of Plymouth. 
 
Ix Introduction, 
 
 Besides, they were closely bound together by the 
 memory of the murdered Eliot. Their chief, the 
 greatest Parliamentary leader that England had 
 as yet seen, was John Pym, member for Tavi- 
 stock. His colleague was a son of the House of 
 Russell. William Strode sat for Beeralston, and 
 his elder brother for Plympton. Totnes sent up 
 Oliver St. John, soon to be Solicitor-General, and 
 John Maynard, who was destined to play an 
 important part in the revolutions of fifty years, 
 and who, born in the reign of Elizabeth, lived to 
 hold office under William the Third. Edward 
 Hyde, afterwards Lord Clarendon, sat for Saltash. 
 Robert Holborne, who had been counsel for 
 Hampden, was chosen for St. Michael's, and 
 George Peard, another rising lawyer, for Barn- 
 staple. Hampden himself, now member for his 
 native county, had been first returned to Parlia- 
 ment, twenty years before, for the borough of 
 Grampound. Such was the party among whom 
 John Northcote took his seat, a new member, but 
 soon to be a very active one, though his energy 
 at this period of his life developed itself rather in 
 deeds than in words. 
 
 A close acquaintance with the proceedings of 
 the Long Parliament cannot but increase our 
 admiration of the courage with which, under the 
 guidance of Pym, they entered upon their work. 
 It must always be a subject of astonishment, 
 how an assembly of squires and lawyers, drawn 
 
Introduction, o- Ixi 
 
 together from various quarters, many of them 
 with no Parliamentary experience, none of them 
 with recent Parliamentary experience, utterly 
 unaccustomed to act together as an organised 
 body, did, within a few days of their meeting, 
 proceed to attack the fortress of tyranny which 
 it had taken so many years to raise. Within a 
 very few weeks they pulled down the principal 
 promoters of despotism. They impeached the 
 great Lord Lieutenant and the powerful Arch- 
 bishop, the subtle Lord Keeper and the Popish 
 Secretary of State, half the Bench of Bishops 
 and the majority of the Judges. The worst 
 offenders were safely lodged in the Tower. A 
 judge of the King's Bench was arrested while 
 sitting in his own Court. Finch and Windebank 
 fled into exile. The less dangerous offenders 
 were only bailed in enormous sums. And all 
 these officials, whom the Commons were attack- 
 ing, were men who, in case of failure, would 
 certainly have had the lives and fortunes of their 
 assailants at their disposal. The event shewed 
 that, in such circumstances, the most extreme 
 daring was the truest wisdom. When Strafford 
 was struck down, no other instrument of tyranny 
 could feel safe. Among all the able men of that 
 age he was undoubtedly the ablest. Upon his 
 life or death hung the destinies of England. 
 Had he lived, the history of the next few years 
 would probably have been entirely different. His 
 
Ixii Introduction. ; 
 
 talents appear to have been exactly of the kind 
 most required in a civil war. Had Strafford 
 been by the King's side in 1642, I believe 
 that the Parliament would have been thoroughly 
 beaten. On the other hand, had Strafford been 
 a leader of the Parliament, I believe that Crom- 
 well would never have risen above the rank of 
 a Major- General. It is the highest proof of 
 Pym's sagacity, that he clearly saw the key of 
 the position, and succeeded in seizing it. 
 
 Lord Macaulay, in one of his early essays, 
 after observing that " two men exercised a para- 
 " mount influence over the legislature and the 
 " country, Pym and Hampden," ventures to 
 assert that " by the universal consent of friends 
 " and enemies, the first place belonged to Hamp- 
 " den/' It may be doubted whether he would 
 have expressed this opinion after further research. 
 It is true that Hampden was one of the best and 
 wisest of men. It is true that his persecution by 
 the Government, the dauntless courage with 
 which he had met it, his sound judgment, his 
 perfect honesty, his considerable abilities, his 
 sweet temper, and his attractive manners, set 
 off by the advantages of wealth and position, 
 had made him most popular with the whole 
 country as well as with his friends. The mode 
 of his death, as in the case of Falkland, has 
 added to the interest with which he has been 
 regarded by succeeding generations. But in the 
 
Introduction.^ Ixiii 
 
 rare and peculiar talent which is required for 
 leading the House of Commons, there seems no 
 reason for supposing that he was equal to the 
 statesman upon whom the Royalists, with a just 
 appreciation of his power, fixed the nickname of 
 " King Pym." 
 
 This opinion of the supremacy of Pym will be 
 found fully confirmed in Sir John Northcote's 
 Notes. Without official position, without rank, 
 without wealth, without, so far as we know, any 
 formal election, he was undoubtedly the leader of 
 the House by the right of the ablest. Not only 
 in the greatest affairs, such as the impeachments 
 of Straftbrd and Laud, but in the every-day 
 business of Parliament, in conducting the fre- 
 quent conferences with the Lords, in questions 
 as to the proper way of proceeding, even in 
 appointing the day for the Christmas recess, we 
 find the House voluntarily deferring to the 
 advice of the member for Tavistock. 
 
 It may be convenient to refresh the reader's 
 memory by a brief notice of the proceedings of 
 the Long Parliament up to the commencement 
 of this Note-book. 
 
 The Houses met on the 3rd November, a day 
 already memorable as the anniversary of the 
 meeting of that Parliament which pulled down 
 Wolsey, and reformed the church. The King made 
 a short speech, followed by a long one from the 
 Lord Keeper. The House of Commons unani- 
 
Ixiv Introduction^ 
 
 mously chose William Lenthall for their Speaker, 
 on the nomination of Sir Henry Vane, senior. 
 
 On the 5th the Speaker was presented to the 
 King, and made an elaborate oration, after the 
 fashion of the period. The House then ap- 
 pointed its principal Committees, and at once 
 proceeded to business. Petitions were poured 
 in from all quarters, complaining of " grievances," 
 the first being those of Bastwick, Burton, and 
 Prynne. The House seems at once to have 
 assumed administrative and judicial powers, order- 
 ing the liberation of prisoners, and the committal 
 of officials and monopolists. 
 
 On the 7th speeches were made by numerous 
 members, recounting the various grievances of 
 the country. Of these the historians have pre- 
 served some record, especially of the speeches 
 of Pym, Rudyard, Bagshaw, and Holland. By 
 this time the petitions were so numerous that 
 the House was divided into above forty Com- 
 mittees to examine them, "but the main were 
 reducible into four heads : " 
 
 I. Committees concerning Religion, Innova- 
 tions in the Church, and grievances by Eccle- 
 siastical Courts. 
 
 n. Committees concerning public affairs in 
 general, and particularly concerning Ireland and 
 Scotland. 
 
 in. Committees relating to Ship-money, Judges, 
 and Courts of Justice. 
 
Introduction.*^ Ixv 
 
 iv. Committees concerning Popery, the Popish 
 Hierarchy, the Pope's Nuncio, Plots, Designs, &c. 
 
 These Committees went to work at once, and 
 soon produced their reports. 
 
 A solemn Fast was decreed by both Houses 
 on Nov. 9, and on that and the following days 
 speeches on grievances were delivered by Lord 
 Digby, Sir John Culpeper, Harbottle Grimston, 
 Sir Edward Bering, Sir John Wray, and others. 
 
 On the nth Pym declared that he had "some- 
 " thing of importance to acquaint the House 
 " with." Strangers were compelled to withdraw, 
 and he then brought forward his accusation of 
 Strafford, and obtained the appointment of a 
 Committee of seven, whose report is the first 
 matter noted by Sir John Northcote. 
 
 So the sittings went on, the principal business 
 being the charges against Papists and Mono- 
 polists, and the consideration of the state and 
 maintenance of the Scotch and English armies, 
 which were still confronting each other in the 
 Northern Counties. 
 
 On the 24th November, as I have already 
 observed, Sir John Northcote began his Notes. 
 They relate chiefly to the subjects already men- 
 tioned, and contain concise reports of debates, 
 some of which were certainly conducted in strict 
 secrecy. Brief as they are, they give us some 
 idea of the preliminary proceedings against Straf- 
 ford and Windebank, against Laud and the other 
 
Ixvi Introduction.^ 
 
 Bishops, against Finch and the other Judges. 
 They also preserve the essence of certain dis- 
 cussions on the Canons, on Ship-money, on the 
 Armies, on Priests and Recusants, on the London 
 Petition, on the Revenue, and on some other 
 matters. There is also a sort of Budget, pre- 
 sented five years after the money had been spent. 
 It may be observed that the speakers constantly 
 refer to precedents, even of Roman Catholic times, 
 and that their tone is exactly the reverse of that 
 which prevailed during the great Revolution in 
 France. So far from cutting themselves loose 
 from former ties, they always professed, and pro- 
 bably believed, even when they were encroaching 
 on the King's prerogative, that they were merely 
 restoring the constitutional liberties of ancient 
 times. 
 
 This short introduction, and also some of the 
 notes which I have added to Sir John Northcote's 
 concise memoranda, may probably be open to the 
 charge of being too trite and simple. I am 
 conscious of having inserted certain facts which 
 <c every school-boy knows," at least every school- 
 boy who has the advantage of being within the 
 circle of a critic's acquaintance. But I have 
 endeavoured to make this little book readable by 
 those who have no special knowledge of the 
 period to which it refers. I can hardly hope, 
 however, that Sir John Northcote's reports will 
 be really appreciated by any but those who have 
 
Introduction.*^ Ixvii 
 
 small need of my annotations, those whose minds 
 are, so to speak, saturated with the history and 
 literature of those eventful years, who are able 
 to clothe the dry bones with living flesh and 
 blood, who can call up before their mind's eye 
 the actors in that great drama in their habits as 
 they lived, who can represent to themselves the 
 tones in which their words were uttered, and the 
 gestures with which they were accompanied ; 
 even as the poet represents the same characters 
 passing by in the vision of Cromwell : 
 
 " There, as he gazed, a wondrous band, they came, 
 
 Pym's look of hate, and StrafTord's glance of flame, 
 
 There Laud, with tott'ring steps and glittering eye, 
 
 In priestly garb, a frail old man, went by, 
 
 His drooping head bowed meekly on his breast, 
 
 His hands were folded, like a saint's at rest. 
 
 There Hampden bent him o'er his saddle-bow, 
 
 And Death's cold dews bedimmed his earnest brow, 
 
 Still turned to watch the battle, still forgot 
 
 Himself his fortunes, in his country's lot. 
 
 There Falkland eyed the strife that would not cease, 
 
 Flung back his tangled locks, and murmured, ' Peace.' " 
 
SIR JOHN NORTHCOTE'S 
 
 NOTE BOOK. 
 
 [The notes commence without heading or date. The day, as we know 
 from other fources, was Tuefday, Nov. 24, 1640. On that morn- 
 ing the "Outward Room'* was cleared, the doors were locked, 
 the keys laid on the table, and in fecret feffion the great Parlia- 
 mentary leader brought forward the charge againft " the wicked 
 Earl."] 
 
 [PROCEEDINGS AGAINST THE EARL OF STRAFFORD.] 
 MR. PIMM'S l REPORT. Long known the perfon 
 
 charged by acts of friendfhip. 
 No ufe of Logic or Rhetoric. 
 Altering of Laws to be avoided. 
 
 1 . It exceeds in extent 
 
 Divers great treafons. 
 Murder, rapines, extortions. 
 
 2. In the Mulignity againft perfons, juftice, Nature, 
 the public good. 
 
 3. The Mifchievous effects. 
 
 Bereaves Crown of its glory. 
 Takes away Liberty of fubjecT:. 
 Seven Articles charging him with treafon. 
 
 1 John Pym was member for confided of Pym, Strode, St. John, 
 
 Taviftock, his colleague being Serjeant Grimfton, Lord Digby, 
 
 Lord RuiTell, eldeft (on of the Earl Sir John Ciotworthy, Sir Walter 
 
 of Bedford. The fcleft Committee Earle, and Hampden. Whitclocke 
 
 for preparing the accufation againft and others were added afterwards. 
 Stratford, appointed on Nov. u, 
 
''\\2 S:r ohn Nortbcotes Note 
 
 Voted high treafon (inferted afterwards). 
 
 1. He hath traitorously endeavoured to fubvert 
 the fundamental Laws and Government of England 
 and Ireland, and to introduce tyrannical arbitrary 
 government, againft Law, giving his Majefty advice 
 to enforce his fubjecls to fubmit to it. Information 
 of Sir George Radclif's 2 words in Ireland, that with 
 the Armies of Ireland and England the King need 
 want no money. 
 
 One of his blood charged to fay that England was 
 fick of peace. 
 
 Lord S. himfelf to have faid to a peer of Ireland, 
 T 3 . . . fpeaking of a cafe of his that he fhould have 
 no other Law but what came out of his breaft. 
 
 Five or fix witnefles that he advifed the King to 
 make ufe of the Irim Army to reduce England, and 
 to draw in the Nobility to aflift with their fortunes 
 and lives. 
 
 Mufketeers fent to levy money in the North. 
 
 That he mould fay that thofe that refufed to main- 
 tain thefe foldiers were little better than traitors. 
 Warrants upon pain of death. 
 
 2. That he hath traitoroufly aflumed regal power 
 over the lives, lands, and goods of his Majefty's 
 fubjeds, and exercifed the fame to the fubverfion of 
 
 2 Sir George Radcliffe, an irti- Radcliffe there feems to be more 
 
 mate friend and instrument of Straf- bafenefs and fervility, having- re- 
 
 ford in his Irifh policy. He was figned and fubjefted himfelf to 
 
 afterwards impeached by the Com- be afted by the corrupt will of 
 
 mons. Pym laid, " In the crimes another." 
 
 committed by the Earl there ap- 3 This word is doubtful in the 
 
 pears more haughtinels and fierce- MS. It looks like Teulcon. There 
 
 nefs, being afted by his own prin- can be little doubt that it ought to 
 
 ciples. In thofe of Sir George be Dillon. 
 
Sir John Northcotes Note Book.o- 3 
 
 many. Judgement of death upon a peer, which was 
 indided in time of peace, when Courts of Law were 
 open. 
 
 i. Lord Mountnorris's 4 cafe. 
 
 ii. Hath bereaved of lands, goods, offices, upon 
 petition to himfelf alone and the board. Whole 
 counties loft their eftates by Council orders. 
 
 in. Difplaced Judges and officers, and placed others 
 of his own. 
 
 Lord Chancellor 5 removed, and the Chief Baron 
 in his room. 
 
 iv. Laid impositions upon merchants (himfelf being 
 farmer of Cuftoms). To be proved by Remon- 
 (ftrance) of Ireland. Reftrained trade by monopolies 
 for his own advantage. 
 
 ^rd Article. Endeavoured to enrich himfelf. 
 Hath detained his Majefty's revenue without giving 
 Legal account to his own ufe, notwithftanding his 
 Majefty's neceffities. Compofitions of papifts in 
 North. Allow Revenue no perfect account. 40,000 
 taken out of the exchequer of Ireland for buying 
 tobacco, himfelf being farmer of Cuftoms. 
 
 Afth Article. Abufed the power of his Government 
 to the encouraging of papifts, by their help to accom- 
 plifh his defigns. Erecting of Monasteries. Exerci- 
 fing Jurifdiction from Rome. Raifed Army three 
 parts papifts, and better paid than proteftants. 
 
 5//z {Article). To ftir enmity between his Majefty's 
 fubjects of England and Scotland. Acknowledged 
 
 4 Lord Mountnorris was fen- carried out, but Lord M. was de- 
 
 tenced to death by a court martial privcd of the manor of Tinmouth. 
 for " fpeaking words " againft 5 Lord Chancellor Loftus. 
 Stratford. The lenience was not 
 
~~ ~l 
 
 Sir John Northcotes Note 
 
 before the Council that he advifed his Majefty's block- 
 ing up the fea. Counfelled it from Ireland. 
 
 6th (Article}. Broken his Majefty's truft of Lieu- 
 tenant-General by betraying the Army 6 at Newbor(n) 
 and Newc(aftle). He had information that the King's 
 Army was not able to encounter the Scots. 
 
 Writes to Lord Conway that he fhould fight, come 
 what will. This without the King's knowledge, when 
 he was near. Received counfel that Newc(aftle) 
 could not be kept without works, and yet neglected. 
 
 My Lord Conway to produce his Letter. 
 
 ^th {Article). Laboured to fubvert rights of par- 
 liaments and incenfe his Majefty againft parliaments. 
 In Ireland fummoned Liberties by quo warr(anto\ 
 though they appeared the fame day, becaufe they 
 would not choofe as etc. 
 
 Sir G. Radc(liffe) hath threatened fome for doing 
 their duty in parliament, 
 
 For thefe they impeach him of high treafon. 
 
 Pray that he may be put to anfwer according to 
 Law. 
 
 The Committee to prepare Interr(ogations) upon 
 thefe Articles, to be fent up to the Lords. 
 [THE JUDGES, &c.] 
 
 SIR Jo. SxRANGWAYES. 7 The Judges not com- 
 petent judges of fhip-money, which concerns the 
 whole kingdom. 
 
 2, Againft the petition of right. 
 
 fi A part of the King's army bury, Dorfet, member for Wey- 
 
 under Lord Conway was beaten by mouth, maternal anceftor of Lord 
 
 the Scots at Newburn, near New- Ilchefter. He was difabled in 
 
 caftle, in Auguft, 1640. 1642. 
 
 7 Sir John Strangways, of Mel- 
 
Sir John Northcotes Note 
 
 Old patents to Judges were dumje bene gefferint. 
 
 Proclamations queftioned* 
 
 Fines upon them granted at a rent. 
 
 MR. WHISTLER. 8 
 
 November 4 
 
 [PETITIONS, &c.] 
 
 Divers imprifoned for refufing oath ex officio. 
 Petitioners. 
 
 MR. WniTE 9 charged Dr. Ley field with divers 
 words and acts of popery. 
 
 Ordered to be fent for as a delinquent, though he 
 be of Convocation. 
 
 Sir H. Spiller refufed to receive an indictment in 
 Seffions againft recufants. Referred to the Committee 
 concerning him. 
 
 Idem. (Same day ?) 
 
 St. Gregor. Church, 1,500 beftowed four years 
 fince. My Lord Treafurer 1 and Lord Cottington 
 
 8 Mr. Whiftler, " of Gray's (Dr. L.), &c. A debate arofe on 
 Inn," member for the City of Ox- the queltion whether members of 
 ford. He was difabled in 1646. Convocation did not enjoy the 
 
 9 Mr. John White, member for lame privilege as members of Par- 
 Rye, afterwards a Royalift ; *' dif- liament. Dr. Layfield was im- 
 ablcd," Feb. 5, 1643. He reported prifoned) but admitted to bail in 
 from the "Committee of Re- January, himfelf in .1000, and a 
 ligion " that Dr. Layfield was lurety in ^500. He was Vicar of 
 charged with " letting the Com- All Hallows Barking, London, 
 munion Table altar-wife," caufing l The Lord Treasurer was Wil- 
 rails and images to be fet up, liam Juxon, Bimop of London, 
 bowing to the images, letting up and Archbilhop of Canterbury 
 the letters J.H.S. in forty places, after the Reftoration. He died in 
 laying that the people faw Chrift 1663. The Church of St. Gre- 
 with their flefhly eyes, and telling gory, near St. Paul's, had been 
 them to confels their fins to him pulled down by order of the Lords 
 
Sir John Northcotes Note Book.( 
 
 ordered the pulling it down, confirmed by order from 
 board, againft confent of parimioners, who addrefTed 
 ieveral petitions to the board, and were forced to pull 
 (it down) to fave materials. After that part of Paul's 
 was repaired, they petition again. Anfwered that either 
 mull build a new church, or diftributed at appoint- 
 ment of Lord Treafurer. 
 
 Committee defire the Church may be re-edified. 
 And that it be fent up as a grievance. 
 
 [LORD STRAFFORD.] 
 
 LORD DIGBY 2 fent with a meflage to the Lords to 
 defire a conference of the Committee of both houfes 
 concerning the Interrogations againft Earl of Strafford, 
 upon Sir John Hotham's motion. 
 
 [LOAN.] 
 
 ALDERMAN PENNiNGTON. 3 That theLord Mayor 
 hath fent to thofe that have underwritten to bring in 
 their money, being about 28,000. 
 
 2.$tb (November zbth ?}. 
 BOOK OF CANONS.* 
 
 of the Council, as mentioned in 
 the text. Selden \vas Chairman 
 ot' the Committee on this lubjeft. 
 2 Lord Digby, member for 
 Dorfet, at this time a violent 
 member of the Oppofition. He 
 feceded from the reforming party 
 on Straffbrd's attainder, and be- 
 came attached to the King. He 
 was called up to the Houfe of 
 Lords in 1641, in order to prevent 
 his being expelled the Houfe of 
 Commons. He is faid to have 
 adviltd the King to fcize the Five 
 Members. 
 
 Sir John Hotham, Bart., mem- 
 ber for Beverley, Governor of 
 Hull at the beginning of the Civil 
 War, was beheaded in 1643, to- 
 gether with his fon, for treafon 
 againft the Parliament. 
 
 3 Alderman Ifaac Pennington, 
 member for London, and after- 
 wards Lord Mayor, an important 
 perlbnage in fecuring the i'upport 
 of the City for the Parliament. 
 He was one of the regicides. 
 
 4 The queftion of the Book of 
 Canons, which occupies a con- 
 fiderable fpace in this Note Book, 
 
Sir John Northcotes Note Book.^ 7 
 
 Election for Tevvkefbury 5 recommitted. 
 
 The Convocation called as afliftant to the houfes 
 by writ. 
 
 All oaths conftituted by Parliament. 
 
 Oppofes the King's fupremacy that government of 
 the Church mail be by Bimops, etc. 
 
 MR. GLiNN. 6 What the Convocation did, not- 
 
 may be ftudied at great length in 
 Nalfon's Collection. After the 
 Short Parliament was diflblved in 
 May, 1 640, Convocation continued 
 to lit on, and, under the direction 
 of Laud, palled feventeen Canons 
 for the regulation of religion. It 
 alib impoied, under the name of 
 a benevolence, a tax of four mil- 
 lings in the pound on all benefices 
 for a term of fix years. Thefe pro- 
 ceedings were confirmed by the 
 King und^r the Great Seal of Eng- 
 land, on the 30th of June, without 
 giving Parliament any opportunity 
 of expreffing an opinion on them. 
 They became the fubjel of long 
 debates in the Houie of Commons, 
 and formed the chief ground of the 
 impeachment of Laud and the 
 other Bimops. The Oath, which 
 is fo often mentioned, was impofed 
 by the 6th Canon on all clergymen, 
 graduates of the Univerfities, phy- 
 iicians, proctors, fchoolmafters, and 
 fo forth. It was commonly called 
 the Etcetera Oath, from the etcsetera 
 which appears in the middle of it. 
 It was faid to deny that the King 
 was a Governor of the Church, 
 unlefs he was included in the word 
 etc., " a fcandalous place for his 
 Majefty." It ran as follows : 
 "I A. B. 'do fwear, That I do 
 approve the Doclrine and Difci- 
 pline or Government eftablifhed in 
 the Church of England, as con- 
 
 taining all things neceflary to Sal- 
 vation ; and that I will not en- 
 deavour by myfelf or any other, 
 directly or indirectly, to bring in 
 any Popifh Do6lrine, contrary to 
 that which is fo Eftablifhed ; nor 
 will I ever give my confent to alter 
 the Government of this Church 
 by Archbifhops, Bimops, Deans 
 and Archdeacons, &c., as it ftands 
 now Eftablifhed ; and as by right 
 it ought to ftand, nor yet ever to 
 fubjeft it to the Ufurpations and 
 Superftitions of the' See of Rome. 
 And all these things I do plainly 
 and iincerely acknowledge and 
 fwear, according to the plain and 
 common fenfe and underftanding 
 of the same words, without any 
 Equivocation, or mental Evafion 
 or fecret reiervation whatfoever, 
 and this I do heartily, willingly, 
 and truly, upon the Faith of a 
 Chriftian, So help me God in 
 Jefus Chrift." 
 
 5 Sir Edward Alford, being 
 chofen for Tewkefbury and Arun- 
 del, made his election for the 
 latter. 
 
 6 John Glyn, member for Weft- 
 minfter. He was a barrifter, "a 
 fwearing, profane fellow," accord- 
 ing to I)' Ewes. At the Reftora- 
 tion he " ratted," was made one 
 of the King's Serjeants, and joined 
 with Maynard in profecuting 
 Vane. He was nearly killed by 
 
8 Sir John Nortbcotes Note 
 
 withftanding his Majefty's Licence preceding and 
 confirmation fubfequent, void. 
 
 1. What Law was before Sta. $th H. 8 was, and 
 what power the clergy had. No Canon can bind 
 without Parliament. 
 
 Before Lateran Council every man might pay tithes 
 where he would. That Canon which fettled it being 
 received by continuance is good law. 
 
 No Canon can bind without common confent. By 
 Stat. 24th H. 8, all convocations to be held by King's 
 writ. All Canons to have confirmation from him. 
 That all of them may be committed to 32 perfons, 
 and being by them allowed then to be confirmed by 
 Parliament, provided that no Canon be made contrary 
 to laws, cuftoms, and ftatutes of this realm. 
 
 Henry the Eighth would not have prayed the aid 
 of an a6l of Parliament if by law he could have done 
 it of himfelf. Not a word to make the King to do 
 more than what was before that law. 
 
 No Canons can be made with (out) King's confent, 
 but no mention in provifion concerning King's confent. 
 
 No oath but by Parliament. And therein the 
 Canon againft Common Law. 
 
 MR. WHITE, i. The Author of thofe that made 
 them. 
 
 2. The Convocation themfelves. 
 
 3. What penalty the makers have incurred. 
 
 i . That they have no power. Thofe matters that 
 
 his horfe falling on him at Charles debate, was for " the fubmiflion of 
 
 the Second's Coronation, greatly the clergy, and reitraint of ap- 
 
 to the delight of Mr. Pepys. The peals," &c., and placed the King 
 
 Statute 25 Henry VIII., which to a great extent in the pofition of 
 
 will be found frequently quoted in the Pope. 
 
Sir John Northcotes Note Book.<^ 9 
 
 concern divine truth, if contrary to law of God, muft 
 be void. 
 
 Can make no Canon that trenches upon King's 
 prerogative, or Common Law, or ufage of kingdom. 
 
 A dangerous plot 7 to blow up all religion. Not 
 only at prefent, to blaft future hopes. To over- 
 throw our Liberties and Laws. 
 
 Supreme power given to Kings by God himfelf. 
 No Minifter ought to fpeak againft it. 
 
 In the firft institution of Kings, 8 God did fet laws 
 to limit them. 
 
 Againft their making holyday for the King's in- 
 auguration, againft the Statute what fhall be kept and 
 no other. 
 
 Againft the oath. Binding all minifters from 
 exercifing till taken in. 
 
 15 E. 3, 9 fuch oath by act of Parliament yet 
 revoked becaufe contrary to the laws and cuftoms of 
 kingdom. 
 
 Petition of Right, not to be gut to any oath not 
 warranted by laws of this kingdom. 
 
 25 Ed. 3, 1 the prelacy eftablifhed by the King and 
 
 7 Allufions to the Gunpowder " certain articles expreflly contrary 
 Plot are common in the debates. to the laws and cuftoms of our 
 
 8 " And Samuel faid unto Saul, realm of England, and to our pre- 
 Thou haft done foolifhly ; thou rogative and rights royal were 
 haft not kept the commandment of pretended to be granted by us by 
 the Lord thy God, which he com- the manner of a ftatute." 
 manded thee, for now would the * The Statute 25 Ed. III., 
 Lord have eftablifhed thy kingdom called the Statute of Provifors, 
 upon Ifrael for ever. But now recites that " the holy Church of 
 thy kingdom fhall not continue." England was founded in the eftate 
 i Sam. xiii. 13, 14. of prelacy, within the realm" of 
 
 9 The fecond Statute 15 Ed- England, by the faid grandfather 
 ward III. repealed the firft ftatute (of the King) and his progenitors, 
 ot the fame year, reciting that and the earls, barons, and other 
 
io Sir John Northcotes Note 
 
 his nobles. Therefore they (the Bifhops) trench upon 
 prerogative to bind it to themfelves. 
 
 i Ma. cap. 3, for reftoring Bifhop(ric) of Dur- 
 ham, which was taken by a former King. 
 
 The leaft punimment incurred is a premunire. 
 
 MR. PEARD. 2 The whole book of Canons is a 
 bait and a hook. The whole book the bait. The 
 oath the hook. 
 
 Brazen Serpent. 
 
 Keeper of a park. 
 
 2 8 th November. 
 
 [ALDERMAN ABEL'S MONOPOLY.] 
 
 MR. GLIN. Report of Committee of grievances. 
 Alderman Abell 3 threatening the vintners that peti- 
 tioned the houfe in their Common hall, how they 
 durft proffer petition without Licence of Company. 
 
 To be fent for as delinquent. 
 
 The petitioners to take copies of the writings 
 brought in by Abell, Rowl. Wilfon and Conradus, 
 and the petitioners to be likewife fent for to charge 
 them. 
 
 [MURDER OF MR. HAYWARD. 4 ] 
 
 Report by SIR ARTHUR INGRAM and Mr. GLINN 
 concerning him that ftabbed Juftice Hayward. 
 
 nobles of his laid realm, and their poly of foap, wine, &c. He ap- 
 
 anceftors," &c. &c. pears to have exa&ed 4OJ. on 
 
 ' 2 Mr. George Peard, member every tun of wine imported- He 
 
 for Barnftnple, " a lawyer of good was taken into cuftody, and bail 
 
 repute in his profeffion." He after- for him refuted in January, when 
 
 wards moved the printing of the WiJfon and Conradus, who feem 
 
 Grand Remonftrance, as an appeal to have been his partners, were 
 
 to the nation. He died in 1646. liberated on bail. 
 
 3 Alderman Abel had a mono- 4 Mr. Haywood, a Juftice of 
 
Sir John Northcotes Note Book.o- 1 1 
 
 Motion that a bill be preferred to make it felony 
 without clergy. 
 
 MR. PIM. Not to take away his life, but to lofe 
 his hand and his goods, and perpetual imprifonment. 
 
 SIR BENJAMIN REDYARD. S That his brother is in 
 Court of Wards for lunatic, and that himfelf hath 
 been often fo, and therefore that he Jofe no more than 
 what by the law. 
 
 One condemned to be boiled to death, judged in 
 Parliament for poifoning a man before it was felony. 
 
 James his bufmefs recommitted, and to enquire of 
 the lunacy. 
 
 CONCERNING SHIP-MONEY. 
 
 SIR THOMAS WiDDRiNGTON. 6 Upon a doubt 
 whether Acts of Parliament can take away {hip-money, 
 being an inherent right of the Crown. 
 
 MR. PIMME. That former judgments in Parlia- 
 ment againft it. And therefore to rely upon them 
 and not to argue it. 
 
 MR. ST. JOHNS. 7 The opinion of Judges and 
 
 the Peace who had diftinguifhed "Writing thyfelf, or judging 
 
 himfelf by his activity in prole- other's writ, 
 
 ruling "Popifh recufants," was I know not which thou'ft moil, 
 
 ftabbed in the Palace of White- candor or witj 
 
 hall by John James, fon of Sir But both thou'ft fo, as who affects 
 
 John James of Feverfham. the ftate 
 
 Sir Arthur Ingram was mem- Of the beft writer and judge mould 
 ber for Callington. emulate." 
 
 Sir Benjamin Rudyard, mem- Re was fecluded in l6 8 . 
 ber tor Wilton, an old member of 
 
 Parliament, and a very eloquent 6 Sir Thomas Widdrington, 
 
 fpeaker. Sir Ed. Dering called member for Berwick, 
 him " that filver trumpet." He 7 Oliver St. John, member for 
 
 was a poet as well as an orator, Totnes, appointed Solicitor Gene- 
 
 and a friend of -Ben Jonfon, who ral in Jan. 1640-1. He had been 
 
 praifed him in fome of his minor counfel for Hampden, and profe- 
 
 poems, as thus, cuted Strafford. 
 
i 2 Sir John Northcotes Note 
 
 their reafons for it rather the grievance than the fhip- 
 money. No true ground. Wherefoever the kingdom 
 is concerned the king may charge. 
 
 The power of Parliament queftioned by it, in refpect 
 of many former judgments in Parliament. 
 
 Interpretation of laws belong to Judges, and not 
 to Parliament. Added after the direction fent the 
 Judges about fhip-money. 
 
 [PETITION OF RIGHT.] 
 
 A claufe defired to be added to the Petition of 
 right. 8 Refufed by the houfe. Deftructive to the 
 Petition upon the (words ?) for the fafety and protec- 
 tion of his people. 
 
 That a Committee be appointed to report former 
 judgments, and to confider the proceedings in Parlia- 
 ment upon the Petition of Right. 
 
 [TONNAGE AND POUNDAGE.] 
 
 MR. SELDEN. 9 That Judgment in Chequer primo 
 Car. for tonnage and poundage, and the decree there 
 againft replevins when the King's officers are pof- 
 fefTed of a diilrefs, be likewife referred to the 
 Committee. 
 
 MR. PIMM. That another Committee be appointed 
 to confider of tonnage and poundage, and to think of 
 a recompenfe to his Majefty. 
 
 [DR. MANNERING, &c.j 
 
 Dr. Mannering's l book to be confidered. 
 
 8 The Petition of Right of the or failors, and infli&ion of punifh- 
 
 year 1628 is fufficiently known, ment by martial law. 
 
 It aflerted the privileges of fub- 9 John Selden, the celebrated 
 
 je6is, and recounted their griev- juritt and ftatefman, fat for the 
 
 ances, efpecially in the four points Univerfity of Oxford. 
 
 of illegal exadlions, arbitrary com- l Dr. Manwaring, Bifliop of 
 
 mitmcnts, quartering of ibldiers St. David's. 
 
Sir John Northcotes Note Boo&.c^- 13 
 
 Dr. Beele's 2 dodtrine delivered in a fermon in 
 Cambridge. 
 
 [LORD STRAFFORD.] 
 
 A meflage for a conference concerning fome of 
 this houfe to be joined with the upper houfe about 
 the examination of the E. of Strafford. 
 
 Mr. PIM. Difference twixt free conference where 
 any of this houfe may fpeak as well as hear. 
 
 Anfvver returned that they are in great bufinefs, 
 and will in convenient time fend meflengers of their 
 own. 
 
 REPORT BY COMMITTEE OF RELIGION. 
 
 To confider of the fpecial licence in the ftatute. A 
 Committee. 
 
 MY LORD DIGBY for anfwer to the Lords for a 
 conference Divers arguments that fome of the 
 lower houfe ought to be prefent at the examinations 
 of witneffes in the upper houfe. 
 
 Committee of fix to con/ider of the opinions of 
 the houfe, and upon their report a Committee of 60 
 to return anfwer to the Lords, 
 
 CONCERNING THE MONEY. 
 SIR J. HOTHAM. 
 The bond agreed upon. 
 
 [COMMUNION.] 
 Mr. Dowfe 3 admitted to Communion. . 
 
 2 Dr. Beale, a member of the arrangements were made by a 
 Lower Houfe of Convocation, was Committee, of which Sir Robert 
 accufed of preaching fermons Harley was chairman, and no 
 " tending to the difturbance of the member who did not receive the 
 ftate of this Realm." Sacrament was to be allowed to 
 
 3 Edward Do wfe was afterwards, fit. Mr. Dowfe was admitted, al- 
 member for Portfmouth. The though his return had not been 
 Houfe received the Sacrament as a received. 
 
 tcft of thtir Proteftantifm. The 
 
14 Sir John Northcotes Note Book.o- 
 
 No Committees to fit this afternoon in regard of 
 preparation. 
 
 Sir Th. Barrington 4 and Mr. Peard to receive the 
 tickets of thofe that receive. 
 
 [MONEY FOR THE ARMY.] 
 
 Sir Wm. Udall 5 to receive the money and difpofe 
 of that for our Army. The reft to carry to Rippon 
 to be delivered to the Committee of the North for 
 contributions to be paid to Scots Army. 
 
 ALD. PENNINGTON. That the City money will 
 be ready by night, and the moft of them will require 
 no fecurity. 
 
 Ult. November. 
 
 [PETITIONS.] 
 
 Concerning bailing Mr. Hen. Darleye 6 upon 
 petition of Ric. 
 
 Referred to the Committee of grievances. 
 
 Mr. Wilfon's 7 petition to be read. 
 
 Petition of New Sarum againft Sergeant Hide's 8 
 election, upon a fchedule of divers mifdemeanors. 
 Referred to the hearing of a felecl Committee. And 
 the petition of Mr. George 9 referred to the fame 
 Committee. 
 
 4 Sir Thomas Barrington, Bart., 
 member for Colchefter, "an ancient 
 parliament-man." He died in 1644.. 
 
 5 Sir W. Udall, or Uvedalc, 
 member^ for Petersfield, and 
 " treafurer for wars." He was an 
 officer of the army railed againft 
 the Scots at this time, and took the 
 King's fide in the Civil War. 
 
 6 Richard Darley, member for 
 Allerton, prefented a petition from 
 his brother Henry, a prifoner in 
 
 York Caftle. Henry Darley was 
 elected for Malton. 
 
 7 Mr. Wilfon had been fequef- 
 tered from his living for not read- 
 ing the Book of Sports on the 
 Lord's Day. 
 
 8 Serjeant Robert Hyde was 
 member for Salisbury. Edward 
 Hyde, afterwards Lord Clarendon, 
 flit for Saitafh. They were both 
 royalilts in 1642. 
 
 9 Mr. John George was member 
 
Sir John Northcotes Note Book.z>- 15 
 
 One that is not in the houfe may not be named of a 
 Committee, for that he hears not the direction of the 
 houfe. 
 
 Wednefday morning appointed for hearing of all 
 thofe that are under cuftody, meanwhile to go under 
 fecurity. 
 
 SIR Jo. CLOTWORTHY. 1 Concerning remonftrance 
 prefented to Deputy of Ireland, upon report of a 
 knight and a burgefs lately come thence. 
 
 Their petition read, and the petition to his Majefty, 
 and anfwered that in convenient time they mould be 
 taken into confideration. 
 
 REPORT. MR. MAYNARD. 2 
 
 Concerning prefence of fome Commons at examina- 
 tion of Lord Strafford. Agreeable to all proceedings 
 in capital bufinefs at Common Law. 
 
 No Interr(ogation) to be prefented in writing to 
 the Lords. Thofe that are from this houfe to attend 
 the bufinefs may put in writing. Needs no prece- 
 dent, becaufe conftant courfe of law warrants. But 
 (precedents) muft be produced by Lords in denial 
 of it. 
 
 [CONFERENCE WITH LORDS.] 
 
 A Committee of 60 fent to the conference with 
 the Lords. 
 
 [MR. WALKER.] 
 
 Mr. Walker's 3 petition read. Called in to avow 
 his petition, and referred to felecl Committee. 
 
 for Cirencefter. He followed the Totnes. He was Chairman of the 
 
 King to Oxford, and was of courle Grand Committee for Privileges 
 
 difabled. and Eleftions, which confilted ol' 
 
 1 Sir John Clotworthy, member 4.7 members. 
 
 for Maiden. 3 If we may believe Nalfon, 
 
 2 John Maynard, member for Walker had publifhed a counter- 
 
1 6 Sir John Northcotes Note 
 
 Moved by MR. CONTROLLER 4 that no direction 
 from the board, but only for commitment to examine 
 from whom the order for the cruelty ufed did pro- 
 ceed. 'Tuefd. in Cbeqr. Chamber. 
 
 Ordered that copies of all petitions againft delin- 
 quents be granted. 
 
 Committee for Monopolies to fit this afternoon in 
 Court of Requefts. 
 
 [BURTON AND PRYNNE.] 
 
 Mr. Burton and Mr. Prynne 5 called in to avow 
 their petitions. 
 
 Time given to Mr. Prin till Wednefday morning 
 to add to his petition what he thinks fit, and to have 
 a copy of that petition exhibited by his fervants. 
 Mr. Burton the like. 
 
 [BISHOP OF ROCHESTER.] 
 
 Petition againft Bifhop of Rochefter. 6 Parfon of a 
 church in London. For excommunicating the peti- 
 tioner for refufing the us. \yid. 
 
 Referred to Committee of religion. 
 
 felt petition againft Epifcopacy, in fecond a phyfician, and the third 
 
 the name of the County of Chefter. a lawyer. For having written 
 
 4 Sir Thomas Jermyn, His againft the Bifhops and the Go- 
 Majefty's Comptroller, lat for vernment, they were fentenced to 
 Bury St. Edmund's. He was dif- pay a fine of 5000 each, to have 
 abled in 1643. I ma Y mention their ears cutoff, to ftand in the 
 once for all that the members who pillory, and to be imprifoned for 
 were expelled for fiding with the life in the diftant caftles of Lan- 
 King were laid to be " difabled.'' cafter, Launcefton, and Carnarvon, 
 Thofe who were arrefted or ejected whence they were afterwards tranf- 
 by the Army in 1648 were laid to ported to Jerfey, Guernfey, and 
 be "fecluded." Scilly. One of the firft deeds of 
 
 5 The cafes of Burton, Baft- the Long Parliament was to bring 
 wick, and Prynne, are well known them up to London in triumph, 
 as examples of the brutality of the and to impeach their judges. 
 Star Chamber. They were ^11 6 John Warner, Bifhop of 
 members of the learned profefTions, Rochefter. 
 
 the firft being a clergyman, the 
 
Sir John Northcotes Note BooLo^ 17 
 
 [DURHAM.] 
 
 Ordered that three pictures erected at Durham 7 
 be pulled down and brought by Dean and Chapter 
 to the houfe, and to be enquired who fet them up, 
 [MONEY FOR THE ARMY,] 
 
 Report from the Lords' Committee for matter of 
 monies. They left it to the houfe, but their advice 
 (that the) whole (be) delivered to Sir Wm. Udall to 
 go to Rippon. For the money to King's Army, to 
 have his fees. For that for the Scots, he offers to 
 give in a bill of charges. The like for the money 
 from the City. 
 
 [SiR G. RADCLIFF.] 
 
 SIR WALTER EARLE. S That Sir Geo. Radcliff be 
 reftrained from going to the Tower. 
 
 Mr. Speiker 9 hearing of it had granted warrant 
 for his apprehenfion, and ordered that (j/V) Lieu- 
 tenant of Tower, that he may not himfelf, nor 
 by interchange of letters, have accefs to Lord Lieu- 
 tenant, being fent for upon information of high 
 treafon. 
 
 [THE ARMY.] 
 
 SIR Jo. HOTHAM. One with report that Lord 
 General mould mend. 
 
 Concerning popifh officers removing. 
 
 Ordered that mefTage be fent him. 
 
 7 Seethecurious Articles againft to be repaired, and moft glorioufly 
 
 Dr. Cofms. " There were (in this painted." 
 
 church) the ruins of two Sera- 8 Sir Walter Earle, member for 
 
 phims, with the pifture of Chrift Weymouth, fecluded in 1648. 
 
 between them," ere&ed in Queen 9 The Speaker, of courle, was 
 
 Mary's time, and demolifhed in William Lemhall, member for 
 
 Queen Elizabeth's time, which Dr. Wooditoclc, at this time a Bencher 
 
 Colins, being Treafurer, " caufed of Lincoln's Inn. 
 
1 8 Sir John Northcotes Note 
 
 MR. THRER (Treasurer}. 1 Anfwer from Lord 
 General. Concerning fending officers of Army to 
 their charge. 
 
 For hufbanding the money. 
 
 Lord Crawforth's troops unnecerTary. Their pay 
 to hold till 8th of next month. Ordered. 
 
 Reformadoes. Mod of LORD MARO^ regiment. 
 Stand ^1,400 month. To be removed. 
 
 Conveyance of Artillery. 3,638 per month. Con- 
 ceived by Committee that 1,500 might be abated, 
 but reporter's opinion 500 for extraordinary charges. 
 140 the pioneers per month. The lad refpited till 
 Committee have debated till to-morrow morning. 
 And payments upon fending payment to be made 
 upon a new Mufter-roll, which my Lord General to 
 be defired to make. Ordered. 
 
 Proportioning the Money. 
 
 That 30,000 to the King's Army, and 20,000 
 to Northern Counties. 
 
 iji December. 
 
 [ECCLESIASTICAL COURTS.] 
 A bill read for reformation of Ecclefiaftical Courts. 
 
 [COUNTY OF DURHAM.] 
 
 A bill read for County of Durham to fend Knights 
 and Burgefles. County, Durham, Hartlepoole, and 
 Barnycaftle. 
 
 1 " Mr. Treasurer." Sir Henry Ruflell, and fat for Hull. 
 
 Vane, fen., was Treafurer of the The Lord General was the 
 
 King's Household, as well as Earl of Northumberland. 
 
 Secretary, and fat for Wilton. Sir 2 " Lord Marq." perhaps Lord 
 
 H. Vane, jun., was Treafurer of Marfhal, or the Marquefs of Ha- 
 
 the Navy, jointly with Sir William milton. 
 
Sir John Northcotes Note Book.^ 19 
 
 Whether a fheriff that hath received his patent may 
 be returned burgefs for another county. 
 
 Referred to a felecl Committee. 
 
 [PRIESTS AND JESUITS.] 
 
 MR. GLIN. Report. 3 Sixty-four priefts and Jefuits 
 difcharged within four years, some by privy signet, 
 others by warrant from Comrniflion, most by Seer. 
 Windebank. 
 
 Seventy-four letters of grace within fourteen years 
 paft. 
 
 Committee find (from) two mefTengers, Lane and 
 Newton, that warrant was granted by Sec. Windebank 
 to protect one 4 condemned, and the houfes that he 
 ihould frequent. 
 
 Eleven houfes protected by being her Majefty's 
 fervants. 
 
 Some under King's own hand at inftance of Am- 
 bafTadors or Queen mother, but with claufe that they 
 be conveyed out of kingdom, save one MofTe, that 
 was condemned, but upon mifinformation that he was 
 (only) indicted, when in truth was condemned. 
 
 Another warrant under two Archbimops' hands with 
 Lords' commiftion. 
 
 Twenty-nine under Sec, Windebank('s hand) for 
 difcharge of priefts and Jefuits. 
 
 One Cannon 5 difcharged by verbal warrant of Sec. 
 Windebank to keeper of Clink, and the prieft faid he 
 
 3 Report from the Committee Caftle. He fled to France to avoid 
 to enquire about Priefts and Jefuits. impeachment. 
 
 Sir Francis Windebank, Secre- 4 Muflcett, a condemned prieft. 
 tary of State, a concealed Roman 5 " Carrell, a fecular Prieft." 
 Catholic, was member for Corfe 
 
 c 2 
 
20 Sir John Nortbcotes Note 
 
 was employed about bufinefs of ftate and Lords' 
 Council, which Sec. Windebank knew. 
 
 Petition of parifh St. Giles againft increafe of 
 popery. Inftance three priefts, and named twenty- 
 one they had perverted. 
 
 Order given by board for profecution. 
 
 Two of them after (wards) difcharged by Sec. 
 Windebank. 
 
 One Smith, 6 a prieft, bailed by him, and had a note 
 that none mould moleft him. 
 
 Mr. Reade's 7 letter for payment of fees. Clofe 
 (of the letter), 6( it may be he means to keep you 
 more free from trouble hereafter." 
 
 Upon petition of a prieft in favour of himfelf and 
 four others indicted of treafon, Sec. Windebank orders 
 fufpending proceedings. 
 
 The letters of grace not entered in Signet office. 
 
 The frequenting AmbafTadors' houfes and Denmark 
 houfe. 
 
 Printing books, making beads, etc., a trade. 
 
 CommirTion for compounding with recufants, from 
 3 Car. what revenue hath been anfwered by meriffs. 
 ,4,083 in thirteen years. Nineteen peers and two 
 counteffes recufants ; none of them convicted. 
 [TAKING NOTES.] 
 
 SIR Jo. HOTHAM againft Mr. RuQiworth 8 taking 
 notes by fliort-hand. 
 
 6 " One Smith, a Prieft, called Elfynge. He was Secretary to 
 Gunpowder Smith." Fairfax in 164.7. To the volu- 
 
 7 Robert Reade, Under Secre- minous " Historical Collections " 
 tary to Windebank. of Ruihworth we are indebted for 
 
 8 John Ruihworth, affiftant clerk, much of our knowledge of the 
 of tlie Houfe of Commons, the Long Parliament. He died in 
 principal Clerk being Henry 1690, aged about 83. 
 
Sir John Northcotes Note Book.<^ 21 
 
 A Committee to view Clerk's book every Saturday, 
 to allow of what they think fit to be preferved, and 
 no copies of Arguments* Ordered, And to examine 
 what copies have been given out, and to whom. 
 [PRIESTS, RECUSANTS, &c.] 
 
 Letter to Sheriff (of) SufTex not to profecute Com- 
 mifTion of Recufants, fignifying his Majefty's pleafure 
 at inftance of her Majefty. Sec. W. fent the like to 
 divers other meriffs. 
 
 Letter from his Majefty to Sir Jo. Bancks Attorney, 9 
 and his fuccefTors. 
 
 For Sir H. Beningfield 1 at inftance of Queen 
 Mother, dated 1634. 
 
 That petition be framed to his Majefty upon his 
 proteftation, i Car. (that), notwithftanding his then 
 match, fhe fhould not intermeddle with matters of 
 religion. 
 
 Concerning priefts in Oxford. 
 
 Concerning Pope's Nuncio. 
 
 Ordered, That Committee make a charge againft 
 Sec. Windebank, to be fent (to) the Lords. 
 
 2. For a petition to his Majefty. 
 
 3. Preparation of Act againft Recufants. 
 
 4. For Pope's Nuncio. 
 
 What powder and munition hath been fold to 
 Papifts. 
 
 Prayers in Lancashire) by order from Nuncio for 
 profpering fome great defign. 
 
 Lo. Worfter's 2 com(mi(Ti)on. 
 
 9 Sir J. Banks, Attorney Gene- empting Sir Henry Beddinfield 
 
 ral, afterwards Chief Juftice of the and hb family from the danger of 
 
 Common Pleas. the laws againft Recufants." 
 
 1 " A Letter of Grace for ex- 2 Henry, 5th Earl of Worcefter, 
 
22 Sir John Nortbcotes Note 
 
 Horwood being under-fherifF Hamp. c. (county), 
 upon letter from Sec. Windebank not to profecute, 
 imprifoned for doing fomewhat againft Recufancy, 
 and entered bond not to profecute any recufants, and 
 to deliver up bonds by him taken. Referred to this 
 Committee. 
 
 Seer. Windebank to anfwer to-morrow morning to 
 fuch questions as fhall be put to him by the Houfe. 
 [CONFERENCE WITH LORDS CONCERNING 
 STRAFFORD.] 
 
 MefTage from Lords to defire prefent conference 
 by the fame Committee, concerning the matter of the 
 free conference. 
 
 The Committee give meeting prefently. 
 
 Report. Lord Keeper, 3 that the Lords had re- 
 ported to their houfe, and refolution that fuch of 
 Committee as they fhall choofe be prefent at examina- 
 tion. And the Lords did defire a free conference. 
 Lord Keeper, queftion whether they defired examina- 
 tion in houfe or at Committee. 
 
 MR. MAYNARD. Report of Conference. Lord 
 Keeper, that for fome they had refolved, fome not, 
 and herein defired free Conference. 
 
 i . To examine fome of this houfe they were ready. 
 
 2. For members of Upper houfe, that all peers fhall 
 be examined upon oath when required. 
 
 3. That examination be fpeedy and private. 
 
 The Lords will have a fpeedy and ftridt examina- 
 tion of Lord Strafford. 
 
 held Ragiand Caftle for the King ing the payment of fhip-money. 
 
 from 1642 to 1646. A great part of thefe notes relate 
 
 3 Lord Keeper Finch, the chief to the proceedings againft him. 
 inftrument of the King in enforc- 
 
Sir John Northcotes Note Book.<^ 23 
 
 For free conference, that fome of lower houfe be 
 prefent. Lord Keeper, that (he) fpoke for himfelf, 
 not the houfe, but Lords retired and gave no refo- 
 lution. 
 
 That witnefTes be examined concerning Lord Straf- 
 ford to-morrow morning by Committee that frame 
 the charge, and no examination to be public till the 
 bufinefs be ripe. 
 
 That Meflage be fent to Lords that a Committee 
 will be ready to examine witneffes to-morrow, and 
 that all thofe prefent may be examined before they 
 ftir. 
 
 [SHIP-MONEY.] 
 
 Committee for fhip- money to meet in Chequer 
 Chamber, 3 o'clock. 
 
 [SiR G. RADCLIFFE.] 
 
 Sir G. Radcliff to appear on Thurfday. To move 
 the Lords on a proclamation to fetch him. 
 
 [LOAN.] 
 
 MR. HARRISON for time for raifing the other 
 25,000. 
 
 2nd December. 
 
 [LOAN.] 
 
 ALDERMAN PENNINGTON. That out of the firft 
 money by the Act the Citizens be repaid, and that 
 order of the houfe that it be fecured by Act. 
 
 MR. HARRISON. 4 That the money firft paid may 
 be firft repaid, but fubmits it to the houfe. Ordered. 
 
 4 William Harrifon, member for 50,000 on the fecurity of certain 
 
 Qneenborough. He was fon of members who had volunteered to 
 
 "Sir John Harrifon of the Cuf- raife money for the Army. Nalfon 
 
 toms." He offered to advance fays he was a monopolist, who 
 
24 Sir John Northcotes Note 
 
 [PETITIONS.] 
 
 Mr. Chambers, 6 petition avowed by him. 
 
 Mr. VafTall's 6 complaint of like. 
 
 Sixteen times committed. 5,000 damage. Lofs 
 of his trade, 10,000 more. His credit impaired. 
 Total, 20,000. 
 
 Referred to Committee. 
 
 [LOAN.] 
 
 MR. PIM. That the houfe be bound by no order ; 
 for that there may be occafion to borrow more, and 
 that it be no breach of promife if they make ufe of 
 this money longer. 
 
 MeiTage to Lords that they are ready with their 
 witnerTes to be examined concerning E. Strafford. 
 [THE ARMY.] 
 
 SIR WALTER EARLE. But 640 to be fpared out 
 of Artillery. 
 
 My Lord General's warrant to be difcharge. 
 
 And for foldiers to be difcharged, to receive no 
 money unlefs they fubmit to their camiering, and to 
 time the money conveniently (?) 
 
 MR. THRES. Report of Lord General's 7 anfwer 
 concerning popifh commanders for reformed. Deferred 
 till Lord General's anfwer. 
 
 hoped to mitigate his offence and Turkey. 
 
 obtain the favour of the Houfe. 6 Samuel Vaffall, merchant, 
 
 He was difabled in 1643. member for London, His com- 
 
 5 Richard Chambers, an emi- plaint was of the fame nature as 
 
 nent merchant, whofe goods had that of Chambers. He was fe- 
 
 been feized in the Cuftom Houfe, eluded in 1648. 
 
 and who was ruined by the Star ' This mould be the King's 
 
 Chamber for comparing the Gov- anfwer, " that he knew not of any 
 
 eminent of England to that of popifh commanders." 
 
Sir John Northcotes Note Book.<^< 25 
 
 [SECRETARY WINDEBANK.] 
 
 Mr. Seer* Windebank to be firft examined by 
 Lords, and therefore his anfwer deferred to his accu- 
 fation. 
 
 [BREACH OF PRIVILEGE.] 
 
 Petition from Leicefterfhire concerning affront 
 done Sir Arthur Hefilrigg 8 (sic} at his election by 
 Mr. Hallford. 
 
 Called in fays that if he made no better fpeech than 
 laft he heard they would have little caufe to joy in 
 their choice. 
 
 LORD GRAY. Q That he is no gent. That in 
 memory of divers he kept hogs. 
 
 SIR ART. HASEL(RIG). That the petition moved 
 not from him, nor expects reparation. 
 
 Offence to the houfe, becaufe after election. To the 
 County. 
 
 Ordered^ To be fent to Tower, to make humble 
 fubmiffion, to be drawn here, in houfe, and at 
 Leicefter aflizes, and go to Tower. 
 
 [MESSAGE FROM LORDS.] 
 
 Report from Lords. They are now in ferious de- 
 bate, and will return anfwer in convenient time by 
 their own (meffenger). 
 
 [MR. WARNER. 1 ] 
 
 Petition againit Sheriff of Warwick, removing 
 
 8 Sir Arthur Haflerig, the cele- tothedifparagementof thecounty." 
 
 brated member for Leiceftermire. His " humble submiffion " appears 
 
 Clarendon calls him " an abfurd, afterwards. 
 
 bold man." The Houfe of Com- 9 Lord Grey of Groby, member 
 
 mons was already becoming ty- for Leicelter, eldelt fon of the Earl 
 
 rannical. Mr. Richard Holford of Stamford, and one of the 
 
 had faid " They had chofen a man regicides. 
 
 for the Knight of the Shire who * George Warner, Sheriff of the 
 
 had more will than wit, and it was County of Wafwiclc. 
 
26 Sir John Nortbcotes Note 
 
 election from place to place, denied the poll, and 
 granting poll, broke it up before 'twas done, and 
 returned another. Ordered to the Tower, ^"loo fine, 
 and to make fubmiffion in the houfe and at next 
 affizes in county, as the houfe mail appoint. 
 
 Denying the poll to Mr. Speaker for Gloucefter. 2 
 Referred to Committee of privileges, the firft if his 
 witnefTes be ready. 
 
 December yd. 
 
 [SERGEANT HIDE.] 
 
 Report concerning complaints againft Sergeant 
 Hide. i. Hinderer of the fchool. 2. Oppofite to 
 lectures. 3. Furtherer of (hip-money. All fairly 
 excufed by the report. Much urged on both fides, 
 but upon the queftion laid afide to further time. 
 
 [SiR G. RADCLIFFE.] 
 
 SIR WM. PENNYMAN. S That Sir G. Radcliff has 
 attended. 
 
 [RECUSANTS.] 
 
 MR. PEARD. That order go from houfe to the 
 Seffions at Newgate for quick proceeding againft 
 Recufants, that they may be convicted next Seffions. 
 Ordered. 
 
 MR. MAYNARD. That a bill be pafTed that fuch 
 as will not conform may ftand convicted. 
 
 [PRISONERS TO BE BAILED.] 
 Upon Mr. Controller's motion for difcharge of 
 
 " The Speaker had been nomin- ber for Richmond, a friend of 
 
 ated for Gloucefter, but the poll Strafford's, commanded a regiment 
 
 was denied, and Thomas Pury and in the expedition againft the Scots 
 
 Henry Brett were returned. in 1640. He was difabled in 
 
 3 Sir William Pennyman, mem- 
 
Sir John Northcotes Note Book.c^ 27 
 
 the officer that brought up Mr. Prinn, to be upon 
 bail. 
 
 The prifoners in Sergeant's hands to be bailed. 
 
 MR. SELDEN. That the names of the bailers and 
 the fums be fir ft prefented to the houfe. 
 [LORD STRAFFORD.] 
 
 MeiTage concerning examination or E. of Strafford. 
 They have deputed fome of theirs, and are ready to 
 examine in prefence of fome deputed by this houfe. 
 [MR. BURTON.] 
 
 Mr. Burton's petition that he may have counfel 
 afTigned, and that he may take copies out of Star 
 Chamber gratis. Called in, but was not here. 
 [SECRETARY WINDEBANK.] 
 
 An intimation to be fent to Seer. Windebank to 
 come preiently to the houfe, if it may ftand with his 
 Majefty's affairs. Anfwer that is gone sick to bed. 
 
 Appointed to-morrow morning. 
 [MR. PRYNNE.] 
 
 Mr. Prinn's petition read. To take consideration 
 of his eight years fufferings. 
 
 Petition of fome Cheftermen, 4 Calvin Bruen, that 
 were fummoned to the High CommifTion at York for 
 vifiting Mr. Prinne. 
 
 [PETER LEE.] 
 
 Another petition. Peter Lee and Colborne gave 
 Dr. Merrick J 35, two butts of fack to Archbifhop, 
 1 1 to one of his fervants, to get accefs and favour 
 from Archbifhop, to their damage of 1000 in 
 
 4 Calvin Bruen, Peter Leigh, mifTion at York for vifiting Prynne 
 and Richard Golhurn, of Chefter, on his way to Carnarvon Caftle. 
 were fentenced by the High Com- 
 
28 Sir John Northcotes, Note 
 
 trade, being forced to leave country for not making 
 fubmiffion enjoined by High Commiflion. The form 
 of fubmiflion read. 
 
 Dr. Snell's fermon (againft them). 
 [MR. PRYNNE.] 
 
 Mr. Prinn's man's petition read. 
 
 Interr(ogation) againft him about carrying the 
 letter C. prefenting one fide Pope's head, other Army 
 of men. 
 
 Archbimop vowed he mould never be difcharged 
 unlefs he would confefs or - . 
 
 MR. BAGSHAW* 5 For fpecial committee for High 
 Commiffion. Ordered. To fit to-morrow in Star 
 Chamber. 
 
 [STAR CHAMBER.] 
 
 SIR T. WIDDR(INGTON). Report concerning Mr. 
 Hunt's complaint againft Star Chamber. To have 
 power to fend for records, and examine the exor- 
 bitancy of that Court, and the Military Charges for 
 County of Leicefter. 
 
 MR. SPEAKER. For reading general bills. 
 
 December yd (4//6). 
 
 [ORDERS.] 
 
 That all take their places and keep filence upon 
 pain xnd. to fergeant and poor. 6 
 
 After xii o'clock no new motion be made without 
 leave. 
 
 f> Edward Bagfhaw, member for Temple, as well as in Parliament, 
 
 Southwark. He diftinguifhed him- but afterwards joined the King, 
 
 lelf by attacking the Ecclefiaftical and was difabled in 1643. 
 Courts as Reader at the Middle 6 " Ordered, That whosoever 
 
Sir "John Northcotes Note Book.t^ 29 
 
 [SECRETARY WINDEBANK.] 
 
 Motion concerning Secretary Windebanck's flight. 
 
 Ordered to be fent for, both he and Mr. Reade, 
 by the Sergeant's man, for 100 g. b. (good bail?) 
 
 SIR P. STAPYLTON. 7 Concerning warrant to Stock- 
 den Caftle from officers of Army, to declare fuch as 
 will not lend blankets and meets enemies to the 
 State, by Francis TrafFord. Copy of the warrant 
 avowed by Mr. H. Fowles. 
 
 [LORD STRAFFORD.] 
 
 MR. PIM. That order be made for fecrecy of 
 those that are to be prefent at the examinations. As 
 the Lords have done. 
 
 The Committee did feverally proteft fecrecy. Five 
 of the Lords, and any four of the eight of Commons. 
 
 MR PIM. Lord Digby, Sir W. Earle, Mr. 
 Grimfton, Mr. Stroude. 
 
 [FORESTS.] 
 
 MR. GRIMSTON. S Report concerning enlarging 
 bounds of forefts. That the judges have given 
 opinion that King may make foreft of any man's 
 land. 
 
 Committee of all that will come to the bufmefs of 
 foreft. Chequer Court. 
 
 does not take his place when he 7 Sir Philip Stapylton, or Staple- 
 comes into the Houfe, or removes ton, member for Boroughbridge, 
 out of his place to the difturbance He was a fellow-commiflioner with 
 of the Houfe, fhall pay izd. to be Hampden and Nat. Fiennes in 
 divided between the Sergeant and Scotland in 1641. He was difabled 
 the Poor; and whosoever fpeaks in 1647, 
 
 fo loud in the HouJe when any 8 Harbottle Grimftone, mem- 
 Bill or other Matter is reading, as ber for Colchefter, Speaker in 1660, 
 to difturb the Houfe, fhall pay the and afterwards Mailer of the Rolls, 
 like Forfeiture." 
 
30 Sir John Northcotes Note 
 
 SIR THO. BARRINGTON. That Lord Keeper faid 
 as before. 
 
 Mr. Burton called to avow his petition. 
 [THE ARMY.] 
 
 SIR Jo. HOTHAM. The diforders of foldiers, that 
 houfes fired, and Minifter's hand cut off by them. 
 
 SIR Hu. CnoMLEY. 9 That their own trained bands 
 committed the infolencies charged upon foldiers. 
 
 That E. of North(umberland) be moved to fend 
 for Col. Trafford. 
 
 MR. FiNES. 1 That the houfe may do it. 
 
 MR. PIM. That the Lord General will give fatis- 
 faclion, and that all due refpects be held with him. 
 
 SIR H. ANDERSON. 2 That a Committee may 
 prefent a draught to Lord Admiral. 
 
 Capt. Yeoward Sergeant Major to Sir Wm. Penny- 
 man, with mufketeers. 
 
 SIR WM. P. That he is not to anfwer for indif- 
 cretion of his officers. 
 
 SIR H. CHOMLEY produced Sir Wm. Pennyman's 
 warrant for levying fortnight's pay upon with the 
 Mufketeers ; and that fuch as paid not mould ferve 
 in perfon, and would fetch troop of horfe to carry 
 them away. Sent warrant Eafter laft for difcharge of 
 trained men, paying ] 51. to officers. Upon that 
 moft of trained men changed. 
 
 Ordered that Committee confider of thefe illegal 
 warrants. 
 
 9 Sir Hugh Cholmondeley, mem- mentary fpeaker, fecond fon of 
 
 her for Scarborough j difabled in Lord Saye. He was secluded in 
 
 1643. 1648. 
 
 1 Nathaniel Fiennes, member 2 Sir H. Anderfon, member for 
 
 for Banbury, the eminent Parlia- Newcaftle j diiabled in 1643. 
 
Sir John Northcotes Note Book.o- 31 
 
 MefTage by 2 Chief Juftices. 
 
 The Lords defire prefent conference touching 
 bufinefs of two kingdoms, about another month's 
 cefTation (of arms). 
 
 December \th (5^/6), 1640. 
 
 Ordered. That no perfon (?) 
 
 [Snip MONEY.] 
 
 Sheriff Hartford, 3 rigorous levying fhipmoney. 
 Referred to Committee of any of the knights of mires 
 that will come. 
 
 [RECUSANTS.] 
 
 MR. PIM. A bill of divers abufes in levying 
 recufants' money in North. 
 
 [CUSTOMS.] 
 
 ALD. PENNINGTON. About wines ftayed at 
 Cuftom Houfe for import remitted 1636, the owner 
 offering bond to anfwer all duties. 
 Sir Thomas Dawe 4 sent for. 
 
 [THE ARMY.] 
 
 SIR WM. UDALL. For an order for Lord 
 General's granting warrants for ifluing the money, 
 and the form of the acquittance from Northern Com- 
 mittees. Ordered for the money to King's Army. 
 The latter referred to Committee to draw it. 
 
 [LORD COKE.] 
 Ranfacking Lord Cook's 5 ftudy at his death. 
 
 3 Thomas Cunningfby, Efq., Houfe. 
 
 High Sheriff of Hertford/hire. 5 Sir Edward Coke's books, 
 
 4 Sir Thomas Dawes leems to papers, and MSS. had beenfeized, 
 have claimed a monopoly of French ali'o Mr. Noy's. 
 
 wines. He was " fent for " by the 
 
32 Sir John Nortbcotes Note 
 
 Taking away 19 manufcripts and other books, 3 
 .ready for prefs, from his man. 
 
 Order. Committee gone to fearch. 
 
 Mr. Noye's books taken away by warrant of Seer. 
 Windebank. To be added to order* 
 [Sx. GREGORY'S.] 
 
 Bufinefs for St. Gregorye's referred to firft Com- 
 mittee. 
 
 MR. WARNER and HARFORD. 
 
 Upon their petitions to make fubmiiTion Monday 
 next, and be releafed. 
 
 [LEAVE OF ABSENCE.] 
 
 One that fits in chair for privileges, 6 upon motion 
 to be abfent, to leave the petitions for the day to 
 another. To be agreed by Committee. 
 [LORD STRAFFORD.] 
 
 Sir W. Pennyman. Leave to go to Lord Lieu- 
 tenant concerning his own create. 
 
 Like for Sir Ric. Buller, upon proteftation to speak 
 of nothing elfe. 
 
 [SECRETARY WINDEBANK.] 
 
 By SIR T. Rows. 7 Defire of houfe that Sec. 
 Windebank's ftudy be fearched for the books. 
 
 Monday appointed peremptorily for property 
 (debate) of fubjects' property, (sic). 
 ASSESSMENTS. 
 
 MR. SOLICITOR. 8 Report concerning 10,000 
 
 6 " One that fits in Chair for Attorney General in Jan. 1640-1. 
 privileges," i.e. Maynard. He was impeached for framing 
 
 7 Sir T. Rowe, or Roe, mem- articles of High Treafon againit 
 her for Oxford Univerfity. the Five Members, and expelled 
 
 8 The Solicitor was Sir Ed. the Houfe. 
 Herbert, member for Old Sarum, 
 
Sir John Nortbcote's Note Book.o- 33 
 
 (100,000). To be affefled in place of dwelling for 
 his whole eftate, or where the land lies. Laid afide 
 after long debate. 
 
 December jtb. 
 
 [PRIESTS AND RECUSANTS.] 
 Mr. Hanham's petition, that he would difcover 
 
 priefts. Sir Tob. Mathew, Mr. Cotton, Mr. Sands, 
 
 but they were all gone upon the proclamation. 
 
 Order for sending to all Juftices to proceed at next 
 
 SefTions againft Recufants. 
 
 [PROPERTY OF SUBJECTS, AND SHIP MONEY.] 
 Report concerning property, and Clerk to take 
 
 notes. 
 
 MR. Sr. JoHN. 9 i. Commiflion of Loan. 
 
 2. Commiflion of affize. 
 
 3. Addition to the Petition of Right defired by 
 Lords. 
 
 Commiflion for Loans read. Being for neceflary 
 defence of Kingdom, which would not permit calling 
 Parliament. 
 
 Report that Committee find that both this and 
 Upper houfe confider unlawful. 
 
 2. CommifTion for Aflize. 2 Carol. For raiting 
 money for defence of King and people in extremeft 
 hazard. This CommifTion never enrolled. Sealed 
 at Board. Copy of it read, taken when the com- 
 miflion was brought into the houfe, and then 
 damned. 
 
 9 Mr. St. John's Report on quent, is not entered upon 
 Ship Money, " which is very fre- Journal." (Nalfon.) 
 
 the 
 
34 Sir John Northcotes Note 
 
 This by impofition or otherwife to raife money 
 upon fubjects. 
 
 Committee report that this in Parliament 3 Ca. 
 adjudged by confent illegal, and defired to be cancelled. 
 Lord Keeper prefented it cancelled in King's prefence. 
 
 3. Additions defired by Lords to Petition of Right. 
 Copy of Journal in Lord's houfe read, viz., We 
 prefent this petition to your Majefty not only to 
 preferve own liberty, but to keep entire prerogative. 
 
 This taken into confideration. 
 
 Mr. Noye l prefented exception againft it to Lords, 
 
 1 Shipmoney is faid to have been 
 invented, or rather re-introduced, 
 by William Noy, whom Hallam 
 calls a man " of venal diligence 
 and proftituted learning." But he 
 died in 1634, and the fcheme was 
 carried out and extended by Finch. 
 
 The queftion of Ship-money is 
 generally underftood, but it may 
 make the following debate, and 
 the proceedings againft the Lord 
 Keeper, clearer, if we quote the 
 cafe fubmitted by the King to the 
 Judges, and the " extra-judicial 
 opinion " which they gave upon 
 it. 
 
 "THE CASE. 
 
 " CHARLES R. 
 
 " When the Good and Safety 
 of the Kingdom in general is con- 
 cerned, and the whole Kingdom 
 in danger, whether may not the 
 King by Writ under the Great 
 Seal of England command all the 
 fubjects in his Kingdom at their 
 charge to provide and furnifh fuch 
 number of Ships, with Men, Vic- 
 tuals, and Munition, and for such 
 time as he mall think fit, for the 
 Defence and Safeguard of the 
 Kingdom from fuch Danger and 
 
 Peril ; and by Law compel the 
 doing thereof in cafe of refufal or 
 refraftorinefs ? And whether in 
 fuch cafe is not the King the fole 
 Judge both of the Danger, and 
 when and how the fame is to be 
 prevented and avoided ? " 
 
 To which the Judges returned 
 this anfwer : 
 
 " May it pleafe your moft 
 Excellent Majefty, We have, ac- 
 cording to your Majefty's Com- 
 mand, feverally and every man by 
 himfelf, and all of us together, 
 taken into ferious Confideration 
 the cafe and queltions figned by 
 your Majefty, and incloftd in your 
 letter. And we are of Opinion, 
 That when the Good and Safety 
 of the Kingdom in General is con- 
 cerned, and the whole Kingdom 
 in danger, Your Majefty may by 
 Writ under your Great Seal of 
 England Command all the Subjects 
 of this Your Kingdom, at their 
 Charge to provide and furnifh fuch 
 Number of Ships with Men, 
 Viftuals, and Munition, and for 
 fuch time as Your Majefty mail 
 think fit, for the Defence and 
 Safeguard of the Kingdom from 
 
Sir John Northcote s Note Book.o- 35 
 
 who not accepting it, the fecond time fent, and then 
 refolved not to be added. That this of itfelf, without 
 relation to the petition, was lawful, but added to it, 
 make it deftruclive of itfelf. 
 
 Report. The King though for fafety, &c., cannot 
 compel fubjects to aid without confent in Parliament. 
 
 Violations ftand on three legs. 
 
 1. Extrajudicial opinions of Judges. 
 
 2. The Ship- writs. 
 
 3. The judgment in Mr. Hamden's cafe. 
 
 The opinion of Judges read, upon his Majefty's 
 letter to them and the cafe laid down, when the good 
 and fafety of Kingdom, &c. Their anfwer, that he 
 may, and that he is fole judge. Judgment in 
 Chequer accordingly. 
 
 2. Ship -writs. Salus regnl et fopuli periclitatur, 
 thereupon commanded that inhabitants of county 
 fhould provide mips of war for 16 weeks, for which 
 merifF had power to (af)fefs and levy, and to 
 commit refractory perfons. One of the writs read. 
 
 Judgment in Chequer and procefs upon it. 
 
 Meflage from Lords with a bill for the Queen's 
 jointure. 
 
 Committee conceive that the Judges' opinion, and 
 fhip-writs, to be referred to confideration of houfe. 
 
 fuch Peril and Danger; and that JoNE3, ROBERT BERKLEY, JOHN 
 
 by Law Your Majefty may compel FINCH, THOMAS TREVOR, 
 
 the doing thereof in cafe of refufal FRANCIS CRAWLEY, HUMPHREY 
 
 or refraftorinefs. And we are alfo DAVENPORT, GEORGE VERNON, 
 
 of Opinion, That in fuch cafe RICHARD WESTON, JOHN DEN- 
 
 Your Majefty is the fole Judge HAM. 
 
 both of the Danger, and when and "MR. JUSTICE HUTTON and 
 
 how the lame is to be prevented MR. JUSTICE CROOK were againil 
 
 and avoided. it, but afterwards they alfo fub- 
 
 "JoHN BRAMSTON, WILLIAM fcribcd it too." 
 
 D 2 
 
36 Sir John Nortbcotes Note 
 
 MR. CRUE. 2 That if Committee have thought of 
 any courfe to propofe it. 
 
 MR. ST. JOHN. Upon refolutions of this houfe, 
 Judgment, and {hip-writs. Committee conceived 
 all to be againft law and petition of right. Com- 
 miflion of Loan and Commiffion of AfTize upon more 
 urgent caufes thanja/us regni. 
 
 That it be put to feveral votes. Opinion of Judges 
 by felf, writs and Judgment by themfelves. 
 
 The charge impofed upon fubjecls for providing 
 fhips and aiTeflments for {hip-money, againft Law of 
 Realm, fubjects' property, refolutions in Parliament, 
 and petition of right 
 
 MR. SOLICITOR. To provide otherwife for the 
 Navy. 
 
 Voted illegal, and entered, nullo contradicente. 
 
 2. Extrajudicial opinions of Judges, publifhed in 
 Star Chamber, and enrolled in Courts at Weft- 
 minfter, Ut Jufra in all particulars. Voted, nullo 
 contradicente. 
 
 3. Queftion. That the writ is againft Law of 
 Realm, &c., Voted> nullo contradicente. 
 
 4. Queftion. The Judgment in Chequer in Mr. 
 Hambden's cafe, againft Law, ut supra. Voted, 
 nemine contradicente. 
 
 MR. ST. JOHN. Select Committee to fee the entries 
 of refolutions of houfe in this, and for Commiffion of 
 Loan, of affize, and petition of right. 'Voted, fame 
 Committee, 
 
 SIR TH. Row. .That Committee prepare the 
 
 2 J ohn Crew, mem be r for Brack ley ; fecluded in 1648. 
 
Sir John Northcotes Note Book.o- 37 
 
 refolutions of this houfe to be prefented to Lords. 
 Voted. 
 
 SERGEANT WiLD. 3 That the Judgments be taken 
 off the file. 
 
 MR. ST. JOHN. That to be refpited till the 
 refolution of the Lords. 
 
 LORD pAWKLAND. 4 Againft Judges. They make 
 Jalus fopuli fola et fuprema lex. That could not flay 
 40 days for Parliament, and yet feven months for 
 mip-money. Not fo many to approve the judgment 
 as thofe that judged it. All our fufferings from this, 
 that a moft excellent Prince hath been extremely 
 abufed. To take away judgment and judges together. 
 Proceedings againft S(trafford) for fubverting laws. 
 One excellent Solicitor 5 though abominable Judge. 
 Joined his induftry with his injuftice. That 'tis not 
 in power of Parliament to take it from King. Lord 
 Keeper named. Dangerous to infufe into King's 
 ear. The late declaration, undone us by wholefale, 
 and now hath power put in his hands to undo us by 
 retail. 
 
 MR. GOODWIN. 6 That the fame committee pre- 
 pare charge againft Lord Keeper and reft of Judges. 
 
 SIR J. STRANGWAYS. That Lords firft vote the 
 caufe. 
 
 3 Serjeant Wylde, member for fummary. 
 
 Worcelterftiire. 5 An " excellent Solicitor." He 
 
 4 Falkland, " that incomparable hady "olicited the Judges. 
 
 young man," as Clarendon calls There were three Goodwins 
 him, was member for Newport, in the Long Parliament ; Arthur, 
 Hants. His fpeech is given by Hampden's colleague for Bucks 5 
 Rufh worth, the only one in this Ralph, member for Ludlow, and 
 debate. The chief point, the Robert, who fat for Eaft Grin- 
 attack on the Lord Keeper, is Head, 
 fufficiently indicated in this 
 
38 Sir John Northcotes Note Book.o- 
 
 . MR. HiDE. 7 All our fufferings from the original 
 of fhip-money. That property of fubjecls not in 
 their Judgment, but Parliament's. Of tampering 
 and felicitation of the Judges. That fome of the 
 houfe be fent to the Judges to know what felicita- 
 tions. 
 
 MR. PEARD. That Jones lying in extremis be 
 fent to. 
 
 SIR Jo, HOTHAM. That to have firft concurrence 
 of votes of Lords. 
 
 MR. RiGBY. 8 That it may require long difcuf- 
 fion, and to prepare charge prefently. 
 
 SIR FRANC. SEYMER. S That proof be firft made. 
 
 MR. PELHAM. 1 That it will amount to high 
 treafon, and to prepare prefent charge. 
 
 SIR Jo. WRAY. 2 The pofy of his grandfather, 
 Juft and True. Sir Ed. Cook (faid) whoever {hall 
 go about to overthrow Common Law, the Common 
 Law will overthrow him. His motion, Currat lex. 
 
 SERGEANT EVERS. S To have firft the votes of 
 Lords. 
 
 SIR P. STAPYLTON. That Mr. Peard be fent to 
 Judge Jones. 
 
 SIR Jo. STRANGWAYES. That Juftice Crook be 
 fent to. 
 
 ' Mr. Hyde, No one was Seymour in Feb. 1640-1. 
 
 keener in oppofition at this time * Henry Pelham was member 
 
 than the future Lord Clarendon. for Grantham. He was fecluded 
 
 The curious fuggeftion to fend in 1648. 
 
 members to " interview" the 2 Sir John Wray fat for Lin- 
 Judges proceeded from him. colnfhire. 
 
 8 Alexander Rigby, member for 3 Serjeant Sampfon Eure was 
 Wigan. member for Leominfter. He was 
 
 9 Sir Francis Seymour, member diiabled in 1643. 
 for Marlborough created Baron 
 
Sir John Nortbcotes Note Book.^ 39 
 x . 
 
 LORD FAWKLAND. That they be fent to all at 
 once. 
 
 SIR NEVILL POOLE.* That Lord Keeper be 
 forthcoming. 
 
 MR. CONTROLLER. That refpect be had to 
 Judges. That none be urged to be accufer, but 
 concluded that all be fent to. 
 
 SIR Jo. CuLPEPER. 5 Of twelve one was a Judas. 
 To fend to all the Judges that gave the Judgment, 
 and to fend immediately. 
 
 MR. ST. JOHN. The Judges are afliftants to 
 Lords. Whether they may be examined without 
 leave of the Lords. 
 
 MR. HoLLis, 6 That they have been fent to 
 without leave, and deiires that two members be fent 
 to each. 
 
 SIR Jo. STRANGWAYS. That he was fent to Lord 
 Brook without leave. 
 
 SIR ARTH. HESILRIG. To go up prefently and 
 charge them before the Lords. 
 
 MR. TREASURER. That no danger of Lord 
 Keeper going away. That the fame Committee may 
 have time to confider of fending to Judges, and to 
 prepare charge. 
 
 MR. ST. JOHN. That it be inftant and prefent. 
 
 ^uejiion. That fome members go to feveral 
 Judges to know what folicitations for their extra- 
 judicial opinions. Voted ut supra. 
 
 4 Sir Nevill Poole, member for chequer in 164.1, difabled in 1643, 
 Malmefbury. He was fecluded in and raifed to the Peerage in 1644.. 
 1648. 6 Denzil Holiis, member for 
 
 5 Sir John Colepeper, member Dorchefter, one of the Five 
 for Kent, Chancellor of the Ex- Members. 
 
40 Sir John Northcotes Note Book.o- 
 
 SIR GUY PAULMES. 7 The like mefTage fent here- 
 tofore, two to each Judge. 
 
 [SiR E. COKE.] 
 
 SIR THO. Row. Report from his Majefty that 
 the books (of) Sir E. Cook were by his order 
 delivered Mr. Attorney, and returned to Sec. Winde- 
 bank. Where now are his Majefty knows not, but 
 within two or three days to caufe them to be looked 
 up. 
 
 December $tb. 
 
 Mayor of Norwich fent for for faying prerogative 
 was triumphing. 
 
 To-morrow appointed for Canons. 
 [ELECTIONS.] 
 
 MR. HAMDEN'S motion that his double election 
 may not be queftioned, no complaint being brought 
 within fourteen days. 
 
 A new election for Windfor. 
 
 MR. MAYNARD reports Sir Robt. Cran(e's) 9 
 election good. 
 
 Inhabitants of Windfor have voice in election. 1 
 SIR T. Row. 
 
 And for want of notice given them Mr. Holland's 
 election voted void. 
 
 REPORT FROM JUDGES. 
 
 LORD FAWKLAND. Bramfton (faid) that he had 
 not been folicited in matter of fhip money. Lord 
 
 7 Sir Guy Palmes, member for 9 Sir Robert Crane, member for 
 Rutlandshire, difabled in 1643. Sudbury, Sir Simonds D'Ewes's 
 
 8 The great patriot fat for Bucks, colleague. He died in 1644. 
 
 but he had alio been returned for l That is, not the Mayor and 
 Wendover. Corporation only. 
 
Sir John Northcotes Note 0^.0- 41 
 
 Chief Juftice Finch brought a cafe, Michaelmas term, 
 before judgment. He had heard that order was 
 given to fome Judges to conceal. 
 
 MR. HIDE. Lord Chief Baron denied any felici- 
 tation, nor knew of it till the cafe was delivered in 
 Sergeant's Inn Hall. 
 
 .MR. GOODWIN. Juftice Jones was fpoken to by 
 Finch in fair way, but was not threatened. Dying 
 .men ufe to fpeak the truth, but reporter was per- 
 fuaded he meant not yet to die. For reafons of his 
 opinion referred himfelf to his action. 
 
 LORD WAYNMAN(Wenman). 2 Baron Trevor (faid) 
 about 9 ber 1635, Lord Keeper came to his chamber 
 with a writing, and defired him to fubfcribe it. Copy 
 read. I am of opinion that where good of whole, etc. 
 For rny Brother Trevor. Subfcribed by him a day 
 or two after. No threatenings ufed. For felicita- 
 tions, Lord Keeper told him 'twas for King's fervice 
 and good of Kingdom. Told him 'twas fubfcribed 
 by moft other Judges. That Lord Keeper in this 
 enjoined him fecrecy. 
 
 SIR MILES FLETWOOD. S Juftice Crook (faid) 
 Lord Keeper had (been) feveral times with him. 
 That by King's fpecial order cafe drawn, and that 
 King enjoined upon allegiance to be fecret. That all 
 Judges had fet their hands. 4 (On the) Wednefday 
 
 2 Lord Wenman, member for Chief Juftice of the Common 
 Oxfordfhire. He was fecluded in Pleas, Jones, Berkley, Vernon, 
 164.8. Crawley, Trevor, and Wefton, 
 
 3 Sir Miles Fleetwood, member decided for the Crown. Bramp- 
 for Hindon. fton, Chief Juftice of the King's 
 
 4 Of the twelve judges who Bench, and Davenport, Chief 
 gave judgment in the cafe of Baron, pronounced for Hampden 
 Hampden, feven, namely, Finch, on technical grounds, but for the 
 
42 Sir John Northcotes Note 
 
 before argument Lord Keeper prefled him to do as 
 four Judges had argued. If not, you -do the King 
 great diflervice. For fetting his hand, his opinion was 
 involved in (that of) the greater number. That he 
 meant the King was fole judge of danger in Parlia- 
 ment, where has a negative voice. 
 
 SIR FR. SEYMER. Baron Wefton (faid)that (he) 
 was never threatened nor folicited by writing under 
 his hand. That records were brought him by a 
 Judge, which he firft faid was Lord Finch. 
 
 SIR Jo. STRANGWAYS. Juftice Barkley (faid) that 
 a paper was fhewn him by Keeper, that was, his 
 Majefty's pleafure was that he mould give his opinion 
 in the cafe brought him, which he subfcribed, that all 
 kingdom (was) chargeable as well as maritime parts. 
 After fent paper, that debate between him and Judge 
 Crook, that there was solicitation of them two. 
 
 SIR ARTH. HESILRIG. Juftice Crawley (faid 
 he was) never folicited nor threatened, nor any of the 
 Judges to his knowledge. Lord Keeper gave him 
 cafe, as to all other Judges, and enjoined fecrecy. 
 
 LORD FAUKLAND. That members (of the) houfe 
 (had heard) that Judge Hutton was weary of his lite 
 by felicitations of Lord Keeper. 
 
 MR. PEARD. That Sir Edw. Afkew to hear him 
 (fay) that (he) was never weary being Judge till now, 
 through his felicitations. 
 
 Averred by Sir. R. Afkewe. 
 
 Crown on the principal queftion. den, though they had figned the 
 
 Denham, being very ill, fent a opinion for fhipmoney on a pre- 
 
 fliort written judgment in favour vious occafion, giving way to the 
 
 ofHampden. Croke and Hutton majority of the Judges, 
 were decidedly in favour of Hamp- 
 
Sir "John Northcotes Note Book.c^ 43 
 
 2. That letter to Judge Denham from Lord 
 Keeper to folicit him. 
 
 MR. HAMDEN. That has feen letter to him 
 with fome relation to mip-money. 
 
 MR. DRAKE. S That had feen it, but was fo 
 obfcure as he underftood it not. That Mr. Denham 
 be spoken with in it. 
 
 3. That with evidence we have to give charge. 
 MR. GRIMSTON. Concerning Judge Crook, that 
 
 fubfcribed cafe but againft his heart, Judge Jones 
 urged him, You fee in Star Chamber, Council table, 
 and other Courts, major part carries it, and that his 
 vote was involved. But when he found it prefented 
 nullo contradlcente^ was much troubled at it. That 
 went to Lord Keeper Coventry 6 to acquaint the King 
 that (it) was againft his opinion and judgment. 
 
 MR. PALMER. ? Common fame that Lord Keeper 
 in his charge (faid) that mip-money fo inherent in 
 King, that Act of Parliament could not take it away. 
 
 MR. ST. JOHN. That Baron Denham sent a 
 paper that was for plaintiff. That Lord Keeper 
 went to King (and told him) that Baron Denham 
 (had) given his opinion for King, and told him of 
 it, but he denied it. 
 
 SIR. FR. SEYMOR. That had heard him fay that 
 fhipmoney was binding till AcT: of Parliament took 
 it away. 
 
 MR. NiCHOLLS. 8 The fame. 
 
 5 William and Francis Drake Stamford, difabled in 1642. 
 
 both lat for Amerfham. 8 Edward Nicholas, member for 
 
 5 Thomas Coventry, Lord Newton, Hants; was made Secre- 
 
 Keeper, died in 1640. tary of State, and knighted in 
 
 7 Geoffrey Palmer, member for 1641. Serjeant Robert Nichols fat 
 
44 Sir John Northcotes Note 
 
 MR. STROUD. 9 That fame Committee may draw 
 up charge. 
 
 MR. PERPOiNTE. 1 That Sir W. Earle faid laft 
 Parliament that a hundred Acts of Parliament could 
 not take it away. He vouched Sir R. Hopton 2 for 
 hearing the like in Chequer Chamber. That at 
 Dorchefter he gave his opinion that Parliament could 
 not take it away. 
 
 SERGEANT WILD. That there was an offer of an 
 argument in Chequer, whether it was fo inherent 
 or no. 
 
 MR. JANE. S That Keeper fpeaking of (hip-money 
 faid that was fo inherent in the Crown that Act (of) 
 Parliament could not take it off. 
 
 MR. LANE. 4 That Baron Denham told him that 
 Lord Keeper had faid to him that if the King would 
 make it annual he would be againft it. 
 
 MR. WniTLncK. 5 That the Lords might be fent 
 to to have him fequeftered. 
 
 MR. PIM. That firft a charge be prefented to the 
 houfe. 
 
 SIR Jo. CULPEPER. That the Judges be likewife 
 referred to Committee. 
 
 for Devizes, and Anthony Nicoll for Wells, the gallant Royalift 
 
 for Bodmin. commander, " Hopton of the 
 
 9 William Strode, the celebrated Weft." He was created Baron 
 
 member for Beeralfton, and prob- Hopton in 1642. 
 
 ably the moft violent politician in 3 Joseph Jane, member for Lis- 
 
 the Houfe at this time. D'Ewes keard ; difabled in 1643. 
 
 calls him a firebrand, "a notable 4 Thomas Lane, member for 
 
 profaner of the Scriptures," &c. Wycombe ; fecluded in 1648. 
 
 He died in 1645. 5 Bulftrode Whitelocke, mem- 
 
 1 There were two Pierpoints, ber for Marlow, the well-known 
 Francis, member for Nottingham, lawyer, ftatefman, and author. 
 and William, for Great Wenlock. He died in 1676. 
 
 2 Sir Ralph Hopton, member 
 
Sir John Northcotes Note Book.^- 45 
 
 MR. STROUD^E. That Sir Randall Crew 6 be fent 
 to to know what was the caufe of his putting out. 
 
 That the gentlemen fent to the Judges be added to 
 this Committee. 
 
 That they confider the denying Habeas Corpora, 
 and Prohibitions. Meetings of Judges with ecclefias- 
 tical Judges. Concerning Jurifdictions of Courts and 
 the Adm tie - (Admiralty ?) Not allowable to divide the 
 Inheritances of fubjects. 
 
 MR. STR. That Lord Keeper's charge may not 
 ftay upon reft of Judges. 
 
 Voted that all go to one Committee. 
 
 SIR R. HOPTON. Lord Privy Seal gave his 
 opinion to the Judges concerning legality of fhip- 
 money. That he be referred to Committee. 
 
 MR. PIM. That the time not yet fit, coming 
 upon Lord Keeper's words, being party culpable. 
 
 Committee to meet in Star Chamber to-morrow 
 afternoon. 
 
 qtb December. 
 
 [THE CANONS.] 
 
 7 25. H. 8. Statute requires for Canons (that) 
 they had 
 
 1. The King's Writ. 
 
 2. The King's Royal Confirmation. 
 
 3. Provifo that they make no Canons contrary to 
 the Law, etc. 
 
 No pofitive words in Statute that they mall have 
 
 6 Sir Ranulph Crewe, Chief 7 According to D'Ewes, this 
 
 Juftice of England, displaced in fpeech was delivered by Dr. Eden, 
 
 1626, and fucceeded by "Nick member for Cambridge Univer- 
 
 Hyde." fity. 
 
46 Sir John Northcotes Note 
 
 power to make Canons. They had power before the 
 Statute. 
 
 At Synod only Clergymen meet. 
 
 At Convocation others meet. 
 
 Why fhould Laymen be bound by Conftitutions of 
 Clergy ? he by that means may be excommunicated, 
 and fo deprived of benefit of Law, and their eftate. 
 No twith {landing that reafon they may, for that they 
 are parties to the ftatute by which 'tis done. 
 
 MR. BAGSHAW* Of legality of Canons, not of 
 pr<zmunire. 
 
 1. No Canons can be made to bind laity without 
 our common confent. 
 
 2. Canons made by neither Synod nor Convocation 
 void. 
 
 3. The whole Canons againft law. 
 
 Clergy divided in five ranks, firft 500 years till 
 Conftantine's time. Canons made by Emperors and 
 Kings, not by Clergy. From Conftantine to William 
 Conqueror, Canons made by Civil Magiftrate. From 
 thence to E. 3 rd>s time. Anfelm firft brought in Pope's 
 Jurifdiction, though raifed of nothing totheArchbifhop- 
 ric, and faid to King, Tibi consilium y Pap& obedient la. 
 
 In Henry 2 nd>s time a Council at Clarendon 8 undid 
 what Anfelm had done. 
 
 In H. 3 rd ' s time Common Law fet afoot, and no 
 Common Law in force from E. i st ' s time to 25 H. 8. 
 
 The Act 25 H. 8. no new law, but declaration of 
 old Common Law. 
 
 Cowell's book, Inf. 9 Parliament for advancing 
 
 8 " The Conftitutionsof Claren 9 Dr. Cowell's book, the Inter- 
 
 don," A.D. 1164. prefer, was published about 1607. 
 
Sir John Northcotes Note Book.z>- 47 
 
 prerogative above law burnt, and by proclamation 
 never to be printed, yet within feven years taken the 
 boldnefs of printing it twice. 
 
 Three exceptions to oath. i. No oath can be 
 impofed but by Act of Parliament. Shall bring in 
 no popifh doctrine contrary to that efiiblifhed, which 
 muft relate to fome popifh doctrine. But upon 
 confirmation have without warrant left out word 
 popifh, which alters oath. A Covenant againft 
 King's prerogative by Archbifhops. Left out King, 
 unless included in etc., an unworthy place for King. 
 Poteftas ordinis, poteftas jurifdictionis, jure divino. 
 Latter from the King. Difference 'twixt fee of 
 Rome and Church of Rome. One makes men 
 traitors. 
 
 Benevolence granted by Clergy is againft law. 
 
 MR. RIGBY. In preface to Archbifhop's l fpeech 
 in Star Chamber, fays that not fafe to govern by one 
 way, the humours of men being various. 
 
 That the Canons in every part illegal. 
 
 25 E. 3rd, Oath do fland, Jur -(amentum) de farendo 
 mandatis ecde(fi<z}. This oath taken by a Proctor 
 ex qfficio. Give power to Archbifhop every three 
 years to make vifitory articles, to which that oath 
 will bind. 
 
 Conclude whole Canons illegal. 
 
 MR. BRiDGMAN. 2 That the Canons are illegal. 
 
 He attributed the moft abfolute on the cenfure of Baftwick, Bur- 
 power to the King, and was at- ton, and Prynne, in 1637. 
 tacked by the Houie of Commons, 2 Orlando Bridgeman, member 
 who fucceeded in getting the book for Wigan. He was a royalilt 
 fupprefled by royal proclamation. lawyer, and was difabled in 1642. 
 1 Laud had publiftied his fpeech 
 
48 Sir John Northcotes Note Book.o- 
 
 1. Whether can make Canons. 
 
 2. Whether after Parliament. 
 
 3. Whether purfued it. 
 
 [SiR G. RADCLIFFE.] 
 
 Sir G. Radcliff prifoner to the gate-houfe, and 
 none fpeak with him but in his keeper's prefence. 
 
 [IRISH PORTS.] 
 
 That the Irifh Ports are ftill flopped. Mr. Trea- 
 furer to clear his Majefty's direction and intention. 
 
 December xtk. 
 
 Mr. Marfh my Lord Marfhall's fervant. (Sent ?) 
 to Lord Marfhall. 
 
 [NEW WRIT.] 
 
 A new writ for election 3 in Seer. Windebank ('s 
 place)*. And ordered that if he come not in to- 
 morrow a charge to be preferred againft him. 
 [PETITION.] 
 
 A letter fent by Mayor of Salisbury found upon 
 the downs, and directed unto the moft honourable 
 aflembly of the Houfe of Parliament, for benefit of 
 his Majefty's Kingdom of England. 
 
 Debated whether to be opened without fending to 
 the Lords. 
 
 A petition of all well-willers of the Realm of 
 England. 
 
 That Juftice hath of late been negleded, vices 
 cherilhed. 
 
 MR. THREA. That two or three may read it in 
 
 He was created a Baronet in 1 6 60, Corfe Caftle, on the flight of 
 and Lord Keeper in 1667. Secretary Windebank. He was 
 
 3 Mr. Burlace was elefted for difabled in 1643. 
 
Sir John Northcote s Note Book.^- 49 
 
 Committee Chamber, and if they find it fcandalous to 
 be laid afide, otherwife to report to the houfe, there 
 being none to juftify the petition. 
 
 (Written afterwards). Report that they think 
 (it) fit to be burnt. 
 
 [ALGIERS.] 
 
 MR. PIM. Concerning Argier prifoners. That 
 petition to be read. 
 
 SIR THO. Row. That the Committee for trade 
 have taken (it) into confideration, and mail prepare 
 it without trouble to the houfe. 
 
 Referred to Select Committee. 
 [SUBSIDIES.] 
 
 MR. SOLICITOR. Concerning the raifing of the 
 ^160,000, whether at place of dwelling, or where 
 the lands lie. 
 
 Put to queftion. 
 
 Subfidies given to particular ufes, and not to the 
 King, thrice in Ric. 2. time. 
 
 That fum in every county may not exceed what 
 was laft fubfidy. 
 
 xi//6 December. 
 
 [ELECTIONS.] 
 
 Malton and Allerton, Yorkmire, towns reftored to 
 fend Burgefles. 
 
 Upon the queftion whether (at) Tewkefbury Bailiff, 
 burgeffes, and commonalty, all the inhabitants are to 
 give voices, and not the freemen only. After long 
 debate referred to a Select Committee and all the 
 Lawyers. 
 
50 Sir John Northcotes Note BooLo* 
 
 [THE LONDON PETITION AGAINST BISHOPS.] 
 
 (Prefented by Alderman Pennington.) 
 
 Petition from Citizens of London, 15,000 names 
 to it. Read. 
 
 Government of Archbimops, &c., dangerous to 
 Commonwealth, and of human ordinance. Pray 
 that the faid government may be abolimed. 
 
 Particulars of evils. 
 
 Subjecting miniflers to their authority, which 
 makes them faint-hearted to preach the truth. 
 
 The encouragement of minifters to defpife magis- 
 tracy. 
 
 The removing able zealous minifters. 
 
 5. SupprerTmg godly defign for buying in im- 
 propriations. 
 
 6. Increafe of idle and difTolute minifters. 
 
 8. Printing idle books to the increafe of vices. 
 
 9. Hindering godly books againft Arminianifm 
 and popery. 
 
 Publifhing Arminian books, that no man has 
 property. 
 
 Increafe of priefts. Making of crucifixes. 
 
 Impofitions and customs. 
 
 Archbilhops the fame way of government as in Rome. 
 
 Others that have reverfed popery have caft out 
 prelates. 
 
 Alfo reftrained minifters from praying for conver- 
 fion of Queen. 
 
 The feveral habits of priefts. 4 
 
 4 " The likenefs to the Church the Hood, and the Canonical 
 of Rome in veftures * * * the Coat," &c. 
 Cope and Surplice, the Tippet, 
 
Sir John Nortbcote's Note Book.^ 51 
 
 Enumeration of ceremonies and invocations. 
 
 The Liturgy out of Romifh Mafs-book. 
 
 Canons in Law. Sacred Synod. 
 
 Countenancing plurality of benefices. 
 
 Enjoining reading book of toleration of fports 
 upon Sundays. 
 
 Citing for working upon holydays. 
 
 Abufe of ordinance of excommunication. 
 
 Increafe of whoredom by 5 commutations. 
 
 They claim their office jure divtno, fend procefs in 
 their own names. 
 
 Imposing oaths and various articles upon church- 
 wardens. 
 
 Oaths ex officio. Judges of late awed by them in 
 granting prohibitions. 
 
 Many gone into (foreign) parts and tranflating 
 trade from hence. 
 
 SIR MIL(ES) FLEET(WOOD). That many parts 
 of it are worthy of confederation. 
 
 LORD FAIRFAX. 6 That it follow Book of 
 Canons. 
 
 SIR NE(VTLL) POOLE. That many parts of it 
 fcandalous. 
 
 SIR SYM. D'Eux 7 (D'EwEs). That in twenty 
 years more we fhould have loft religion. Arch-, 
 bifhops have Pales (palliums ? ) from Pope. In 
 
 5 The corrupt adminiftration of 7 Sir Simonds D'Evves, member 
 Juftice, taking money for the for Sudbury, whofe autobiography 
 " commutation of Penance." and Notes have made him, and 
 
 6 Ferdinando Lord Fairfax, the Houie of Commons in which 
 member for Yorkfhire. He died he fat, so well-known to our 
 in 1647, and was lucceided by his generation. He was fecluded in 
 more famous ion. 164.8, and died in 1650. 
 
 E 2 
 
52 Sir John Northcotes Note 
 
 ancient times by preaching godly bifhops they have 
 got King's lands, and he wants them. 
 
 MR. TREASURER. That the matter of petition 
 not feafonable. Doth fcandalize many things fettled 
 by Parliament, Many of petitioners Brownifts. 
 Scandalous againft kneeling at Communion. Take 
 care that own divifions bring not worfe evils than 
 papifts. 
 
 MR. STROUD. Not to give reproof to the 
 multitude in their juft complaints. To refer it to 
 Committee of Religion. 
 
 LORP DIGBY, Of greateft confequence ever came 
 to houfe. Houfe not to enter into the bufinefs 
 precipitately, but difmifs them and referve it to 
 hearing of whole houfe. 
 
 ALD. P(ENNINGTON). That 'tis not inconfide- 
 rately done, but that many mould come to counte- 
 nance. 
 
 MR. CAPELL. S That roll of hands be fealed up, 
 that no man's name be feen. 
 
 MR, CRADDOCK. 9 Againft the diibrders and 
 oppreffions of Bifhops fupprefTing preaching. 
 
 MR, PIM. That the names be fealed. That the 
 Alderman difmifs them with fair anfwer, and that 
 Thurfday next be appointed for hearing it again. 
 
 MR. FINES, In juftification of petition. That 
 nothing in it is fcandalous. In Gloucefter eleven 
 
 8 Arthur Capel, member for Royalift, and was beheaded in 
 
 Hertfordfhire, was the firlt mem- March, 1648-9. 
 
 ber who flood up to complain of 9 Matthew Craddock, member 
 
 the grievances of his country. for London, died foon after this 
 
 He was created Lord Capel in time. 
 1641. He was a diitinguimed 
 
Sir John Northcotes Note Book.^ 53 
 
 parifhes and but four fermons. Living under Bifhops, 
 &c., and ferved by fhoemakers, &c., being finging- 
 men. A free fchool, 400 fcholars. Lecture and 
 fchool taken away. The trade of the city wholly 
 decayed. 
 
 LORD FAWKLAND. That every member may 
 have copy of petition to confider againft (the) day. 
 [COMMISSIONERS FOR SCOTLAND.] 
 
 That their Army in great diftrefs and want of 
 clothes, and therefore deiire by Mr. Pirn that the 
 other 30,000 might be fpeedily fent, and debated 
 to-morrow morning. 
 
 MR. PARGETER'S l petition referred to Committee 
 for Judges, that fits this afternoon. 
 
 Ellis, a conftable, inquiring in my Lord MarfhalFs 
 houfe for recufants, reproved by Mr. Marfh. 
 
 December 
 
 MR. HoBBiE's 2 ELECTION. 
 QUEEN'S JOINTURE, read. 
 
 SIR B. RuDYER. 3 God bleft his Majefty with 
 hopeful and fruitful progeny. To put in mind to 
 
 1 Mr. Pargeterof Northampton- Great Marlow, and the queftion 
 fhlre had been committed for was referred to a Committee, of" 
 refufing to pay $s. towards arming which Sir R. Verney took notes, 
 men againft the Scots, and Sir Mr. Hobby retained his feat, and 
 Robert Berkley had refufed to Mr. Burlace found another at 
 admit him to bail. Corfe Cattle. 
 
 2 Mr. Hobby's election is the 3 Sir Benjamin Rudyard's 
 only matter mentioned in the notes fpeech is very charafteriftic. He 
 of Sir Ralph Verney, as well as in is defcribed by May as eager in 
 thofe of Sir John Northcote. Sir expofing grievances, but always 
 R. Verney's regular notes begin fparing the King, like a loyal 
 on February 10. Mr. Burlace gentleman. 
 
 difputed Mr. Hobby's return for 
 
54 Sir John Northcotes Note 
 
 provide for them. The firft prince born amongft us 
 this 100 years. Queen's good affection to Parliament. 
 Concern her Majefty to uphold the glory and govern- 
 ment of this Kingdom. The houfe to pafs the bill 
 with cheerfulnefs, and fpeedy reading it again. 
 
 SIR Jo. STRANG(WAYS). That it may have 
 certain day for reading. 
 
 MR. SOLICITOR. Concerning reading it Tuefday 
 morning. 
 
 MR. PE(PEARD ? ). Againft fecond reading for 
 certain day. We fervants of Commonwealth. No 
 fuch bill twice read. And therefore to ftay. 
 
 LORD FAWKLAND. For certain day. 
 
 REPORT. 
 
 MR. KING.* That ten Turkim Pirates upon 
 Weftern Coafts. Committee advife that his Majefty 
 be moved to fend two (hips from the Downs. 
 
 Mr. Treafurer and Capt. Rainfborow 5 fent about 
 it prefently. 
 
 [MONEY FOR ARMY.] 
 
 SIR J. HOTHAM for fending the reft of money 
 
 ALDER. PENYMAN (Pennington ? ). That the 
 fpeeding the bill of fubfidy will be firft expected. 
 
 MR. SOLICITOR. That order be given to the 
 Committee to attend this afternoon about it. 
 
 Lord General's anfwer delivered by Mr. Treafurer, 
 and that part of the 50,000 may go to the payment 
 of E. Crawforth's troops. 
 
 Referred to Committee to provide for garrifons, 
 
 4 Richard King fat for Mel- 5 Captain Rainfborough was 
 rombe Regis. He was difabled member for Aldborough. He 
 in 1642. died in 1641. 
 
Sir Jo/on Northcotes Note Book.^- 55 
 
 and to confider the ftate of them. And the words 
 juftlyfufpeftcd* explained by them. 
 
 SIR Jo. HOTHAM. Upon Sir Wm. UdalPs 
 motion that Lord General's warrant may ferve for 
 ifltiing the money. 
 
 SIR T. Row. The fpeeding the money. Whether 
 City mean not to part with more money till bill be 
 paft, that they might have fecurity for other 25,000. 
 The bill will hardly pafs Royal afTent under twenty 
 days. That the money may be ready in a week. 
 
 ALD. PENNINGTON. That upon the laft they told 
 City that bill would not pafs under fourteen days. 
 That to fpeak of twenty days more they will hardly 
 pay their money without fecurity. 
 
 MR. TREASURER. That no time loft in preparing 
 the bill. That citizens return anfwer that in four or 
 five days the bill will be prepared. 
 
 MR. HARRISON. That he hath not taken bond 
 of many noble gen(tlemen), and tenders them to the 
 City. That he hath one-half of the reft ready. 
 [PETITIONS AGAINST JUDGES AND BISHOPS.] 
 
 Petition of Browne, Juryman of Hertford, about 
 removing Communion Table, for which Judge Barkley 
 reproved and committed them, and next day caufed 
 all the Jury to retract what they had prefented. 
 
 SIR Jo. HOTHAM. That (it) be referred to the 
 Committee for drawing charge againft Judges. 
 
 SIR WM. LITTON. 7 That the Judge required 
 
 6 The words juftly fufpetted oc- mittee. 
 
 curred in the Order of the Houfe 7 Sir William Litton, knight, 
 
 concerning Recufants that held member for Hertfordfhire j fecluded 
 
 office in the Army. Thefe words in 1648. 
 were to be explained by the Com- 
 
56 Sir John Northcotes Note 
 
 him to tear the prefentment and tread it under his 
 foot. 
 
 MR. STROUD. That the Judges are ready to 
 comply with the Bifhops. That at the SefTions, 
 where he feldom comes, Sergeant Atkins had given 
 the charge. 
 
 MR. WiNGATES. 8 A large relation .of the manner 
 of Juftice Barkley's carriage. Sir Jo. Lamb and 
 Dr. R ..... terrible to that country, yet not fo 
 much as this. Not to make new or more laws, but 
 to have new or better Judges. His preffing the 
 Jury to reveal fecrets of their companions. 
 
 Petition of parifhioners of Beckington 9 in Bath 
 Diocefe. About placing Communion Table altar- 
 wife. For refuting Bifhop excommunicated Church- 
 wardens. Upon appeal, Archbifhop granted inhibi- 
 tion, and enjoined penance in three churches. Bifhop 
 faid, What, doft prate of a Parliament ? When the 
 fky falls we {hall catch larks. That the King referred 
 all Church matters to Bifhops. That divers ministers 
 cut down rails about table, and placed it altarwife. 
 Mr. Alex. Huilh the principal parfon there. Lord 
 Keeper charged for countenancing the bufiness at 
 Affixes, and bound over Jury for finding indictment 
 
 8 Edward Wlngate, member for become fo criminal, that it certainly 
 St. Alban's; fecluded in 1648. procured a petition and articles, 
 
 9 A Petition of the inhabitants thofe a fummons, and vexatious 
 of Beckington againft Mr. Alex- attendance upon the Committee, 
 ander Huifh their parfon. Nalfon with all the charges of the meffen- 
 fays, "Upon every parifh pique gers' fees and others incident," &c. 
 and unkindnefs (which feldom is " That arbitrary power which was 
 wanting) between the Minilter and fo much pretended to be feared 
 any of his parifhioners, Petitions from the Crown and Mitre, was 
 were exhibited againft them, and really to be felt from the Cloak, 
 prefling of conformity was now and the then Houle of Commons." 
 
Sir John Northcotes Note Book.o- 57 
 
 of riot. Fined petitioners 2500, and fix months' 
 imprifonment for advifing parfon not to remove 
 table, and 100 charg(es) to parfon. That the 
 parfon faid he would willingly pay mip-money on 
 condition there might never be parliament again. 
 
 Ordered, That the parfons be fent for as delin- 
 quents. The bufiness referred to feted Committee. 
 [CHRISTMAS RECESS.] 
 
 To refolve a time for recefs. 
 
 MR. PIM. That two days before Chriftmas, and 
 Tuefday following the house to be called. 
 [COMMITTEES.] 
 
 MR. CAGE. 1 That courfe be taken that none 
 come to Committee but members of the houfe and 
 parties. 
 
 [JUDGES.] 
 
 MR. MALLORY. 2 That the Judges require as a 
 due prefents from the fherifFs, which were formerly of 
 courtefy. 
 
 [PETITION.] 
 
 Petition againrr. one Ric. Greenburg for faying the 
 petition 3 fent into the North was an infolent petition. 
 
 To be fent for as delinquent. 
 
 December 
 
 [SiR W. RUSSELL.] 
 
 Petition of Mr. Hafelwood againft Sir. Wm. 
 Ruffell, deputy lieutenant there, faid to be a recufant. 
 
 1 William Cage, member for Ripon, difabled in 1642. 
 Ipswich, " an ancient parliament- 3 The petition prefented to the 
 man," died about 1644. King at York, requefting him to 
 
 2 William Mallory, member for fummon a Parliament. 
 
58 Sir John Northcotes Note 
 
 Under pretence of levying 600 prefled men, prefled 
 3000, and taken rewards. 
 
 MR. GOODWIN. That he is no recufant, neither 
 that he had not been at Church this twelvemonth. 
 
 SERGEANT WILDE in his defence. Cried down* 
 
 SIR Jo. HOTHAM. That a bill be prepared for a 
 legal way for Deputy Lieutenants to walk, much of 
 what hath been lately done being illegal. 
 
 SIR H. HERBERT. 5 That Sir Wm. RufTell faid 
 none could be faved but in Church of Rome. Three 
 other petitions againft him. Being High Sheriff 
 there, he went not to Church, but flayed in the ftreet 
 to attend the Judges. That he hath had four or five 
 removes in his religion, and not at Church this fix 
 years. 
 
 [LORD AND DEPUTY LIEUTENANTS.] 
 
 Committee to enquire of the mifdemeanours of 
 Lord and Deputy Lieutenants of Leicester, and all 
 officers whatfoever in the afTerTment and levying all 
 fums of money ; and all other Lord Lieutenants and 
 Deputies, and Clerks of Peace ; and prepare Bill for 
 regulating the actions of them, and rating Army. All 
 petitions of that nature referred to fame Committee. 
 
 MR. KIRTO-N. That courfe be taken to regulate 
 Lords of Council too, for they do nothing but by 
 their bid (ding). 
 
 SIR Jo. STRANGWAYES. That foldiers changed for 
 money like oxen. Coft the County Dorfet ^2000. 
 
 4 D'Ewes fays that he moved member for Bewdley, difabled in 
 and carried a formal refolution 1642. 
 
 that Serjeant Wilde "mould hold Edward Kirton, member for 
 his peace " ! Miiborne Port, difabled in 164.2. 
 
 5 Sir Henry Herbert, lent., 
 
Sir Jo/m Northcotes Note Book.<^- 59 
 
 [KING'S REVENUE.] 
 
 MR. ST. JOHN. Refolved fhipmoney againft Law, 
 and monopolies. Thefe things not paid (palliated ?) 
 for Crown, when his Majefty fees the illegality of 
 them. Crown Land taken away, and thefe taken 
 away, Crown left poor. To provide a high subfiftence 
 for Majefty. That a Committee (be) appointed to 
 confider of King's revenue. 
 
 MR. PIM. That his expences be likewife looked 
 to. To intimate the intention to his Majefty. That 
 all officers may be fent to. Cromwell, Lord Trea- 
 furer, brought into the houfe particulars of King's 
 expences in Henry VIII's time. 
 
 SIR ROBERT PYE. G That the King's officers may 
 compute Revenue to his Majefty by Monopolies, and 
 the difadvantage to fubjects. 
 
 MR. HIDE. That consideration of iffuing money 
 of Exchequer laft two years. Enough to conquer 
 Germany. 
 
 MR. WHISTLER. Concerning Escuage and Court 
 of Wards. 7 To give his Majefty conftant revenue 
 above it, and be favers by it. That his Majefty bs 
 moved for liberty to treat. That a Committe2 may 
 confider of laft fix years, and accordingly proportion. 
 To examine what cuftoms have been paid by fubjects 
 and not anfwered to King fince laft Parliament ; and 
 then need no impofitions. 
 
 6 Sir Robert Pye, member for landed gentry, and were therefore 
 Woodftock, fecluded in 1648. more hateful to the Cavaliers than 
 
 7 Efcuage and Court of Wards, to the Roundheads, were finally 
 The tenures by knight's service, aboliflied immediately after the 
 and all the burdens connected with Refloration. 
 
 them, which prefled heavily on the 
 
60 Sir John Northcote's Note 
 
 MR. SELDEN. That MefTage and anfwer from his 
 Majefty concerning leave to treat may precede. 
 
 MR. TREASURER. That the way of propofing 
 the particulars will be grateful to his Majefty. That 
 fubfidies in Queen Elizabeth's time came to greater 
 fums than what hath fince been raifed by extraordinary 
 ways. 
 
 Ordered, That the affe<5tions of houfe be prefented 
 to his Majefty, and defire of leave to treat of his 
 revenue and expenfes. 
 
 [THE JUDGES.] 
 
 MR. STROUD. For defpatch of the Judges. Con- 
 cerning ftiip-money, that Committee may have power 
 to fend fome to examine witnefTes and the judges. 
 That the felect Committee may have power to draw 
 heads againft Lord Keeper, and examine all things 
 concerning him or them. 
 
 SIR Jo. HOTHAM. That Committee had two 
 charges to prepare, voting againft {hip-money for the 
 Lords, and charge againft Judges. That the agree- 
 ing of Lords would conduce to the condemning the 
 Judges in that Judgment. 
 
 Committee may make fub-committees. Select 
 Committee is, dividing of thernfelves for preparing 
 bufinefles. 
 
 [THE CANONS.] 
 
 MR. WHISTLER. Report that they have not yet 
 looked upon former writs how they agree with laft 
 writ for Convocation. 
 
 That they have no power at all to make canons to 
 bind Kingdom. 
 
 2. That their canons bind not thernfelves, ad 
 
Sir John Nortbcote's Note BooLc^ 61 
 
 confentiendum juris quod ex communi confilio regni 
 contigerint or dinar i. 
 
 Stat. 21 Henr. VIII. 8 gives not King power in 
 all things that the Pope had ufurped. 
 
 Stat. i Eliz. concerning ceremonies (altered to 
 ornaments} that fhall continue till otherwife ordered. 
 
 SIR T. WIDDR(INGTON). Parliament fummoned 
 1 3th of April. Writs to Bifhops to appear day after. 
 Another Commiflion to make Canons. Parliament 
 ends 5th May. 2 Com. (fecond Commiflion) 
 1 2th May, in revocation of former. Doctors thus 
 afTembled make Canons. Three queftions. i. 
 Whether (Canons) made by them and royal afTent 
 bind Commons without confent (of Parliament). 
 
 2. Admitting Convocation's order, where thefe bind? 
 
 3. Whether thefe thus made fhall bind ? 
 
 To i ft. That fhall not bind. If fo, either reviv- 
 ing former or introducing new. If affirming former, 
 allowed, but .as new, cannot bind, for that muft be 
 as altering former. Cafe 1607. Canon, Clerk to be 
 chofen by parfon, Refolved that, notwithftanding 
 by cuftom, veftrymen fhall choofe, by judgment in 
 feveral Courts. That no mention in books that any 
 Canon before Stat. 25 Henry VIII. binds the Laity. 
 
 2. Parliament ended, their making thofe Canons 
 illegal. Ad confentiendum Convocation men have 
 relative power to Parliament. Like a man lying 
 
 8 The Statute 21 Hen. VIII. c. by Sir Edward Dering and Na- 
 
 13, abridging fpiritual perfons thaniel Fiennes, and a fhort one 
 
 from having pluralities of livings, by Sir Benjamin Rudyard, but 
 
 &c. does not mention any other 
 
 Rufhworth gives us two long fpeakers. 
 fpeeches delivered in this debate 
 
62 Sir John Nortbcotes Note 
 
 fpeechlefs can make no will. Thirty two perfons by 
 that ftatute to confent to Canons. 
 
 3. Whether thefe Canons (mall bind). They are 
 of very ill report. Concerning declaration of regal 
 power, trenched upon all Courts for determining 
 prerogative. Taken on them in pulpits to difpute 
 of property. Well when Doctors preach againft 
 non-refidence. Bad judges of property. Canon 
 againft fectaries, provided that not derogate from 
 any former (canon) againft them. Doctors were of 
 opinion that (they were) able to take away former 
 canons againft Recufants. No provifo, therefore 
 their intention was to difpenfe with penal laws againft 
 Recufants. Oath. That cannon charged with three 
 bullets, excommunication, fufpenfion, deprivation. 
 
 For the punifhment. Let them be laid in their 
 grave by this honourable aflembly. Their burial 
 will be more honourable than their birth. 
 
 SIR WM. STRICK. They have punifhed many 
 for being at unlawful conventicles. That they might 
 be called to anfwer for the abominable proceedings in 
 their conventicle. 
 
 SIR FRANCIS SEYMOUR. In their profefling to 
 supprefs Popery they have brought in crucifixes, 
 images, and themfelves worfhipped them. King 
 left out of Canons, who certainly is fupreme head of 
 Church, notwithftanding what has been faid by Dr. 
 Cosins to contrary. Knows not whether Canons or 
 canon-makers more grievous to people. That the 
 Canons may be burnt by hangman, but rather defires 
 reformation than ruin of makers. 
 
 MR. P. That fenfe of houfe is that they are un- 
 
Sir John Nortbcotes Note Book.o- 63 
 
 lawful in respect of the authority or themfelves. For 
 manner of taking them away to leave it to houfe. 
 For makers, to confider them to-morrow, and put to 
 queftion their illegality. 
 
 1. Whether 9 * * * 
 
 2. Whether thofe thus made * * 
 
 3. Whether clergy have power to impofe oath. 
 
 4. Whether benevolence granted be not void in 
 law. 
 
 Precedent of an oath impofed by clergy againft 
 Lollards, condemned in Parliament, 20 Ric. II nd . 
 
 MR. HOLBORNE. Againft putting it to queftion, 
 and will be ready to argue it to-morrow. 
 [Debate Adjourned.'] 
 
 \\th of December. 
 
 [SiR W. PENNYMAN.] 
 
 Mr. Burdett called to give evidence concerning 
 Captain Yeoward 1 levying money with mufkets. By 
 Warrant under Sir William Pennyman's hand. 
 
 SIR W. P. Had no fuch authority from him. The 
 warrant fubordinate to an agreement amongft all 
 deputy lieutenants. The Scots had pofTefTed them- 
 felves of all bifhopric (of Durham). Country prevailed 
 with him to come with his regiment. At Yarm, 
 many irregularities committed, and another law 
 amongft us, and rather put himfelf upon mercy of 
 the houfe than the infolency of the Scots. 
 
 SiRH. CHOMLEY. That other deputy lieutenants 
 
 9 The firft two points are given officer in Sir William Pennyman's 
 in p. 6 1. Regiment. (Rufhworth.) 
 
 1 Captain Ralph Yoward, an 
 
64 Sir John Nortbcotes Note Book.o- 
 
 had no hand in this warrant, nor privy to railing 
 money for his fortnight's pay. This money levied 
 but at the coming to Parliament, and fo no neceffity. 
 No neceflity for fecuring the country, if fo, the preft 
 foldiers had been fitter than the trained bands. But 
 thefe trained bands had fpecial relation to Lord 
 Lieutenant, and kept them to acl his defigns. 
 
 SIR WILLIAM PENNYMAN about to reply, but 
 SIR WALTER EARLE fays againft the order of the 
 houfe. 
 
 MR. PYM. That for matter of fad the party 
 may fpeak, but for matter of judgment he is to with- 
 draw. 
 
 MR. PEARD. That it be referred to Committee 
 for Lord Lieutenants, etc. 
 
 SIR WILLIAM P. That Sir Hugh Chomley lately 
 made Deputy Lieutenant. That the order may 
 reach all late Deputy Lieutenants, and that he 
 thought he would not appear a faint. 
 
 SIR JOHN HOTHAM. About letters for a levy 
 for money for miptimber, to which at SefTions 
 returned a denial, and afterwards some of the money 
 levied by Sir William Pennyman's Warrant. 
 [PETITIONS.] 
 
 MR. PYM. Mr. Mallevery's 2 and Mr. Moifer's 
 petition about multiplying iffues. Where to appear 
 to receive knighthood, for want of which 400 hath 
 
 2 James Mauleverer, of Arn- known as among the principal 
 
 cliffe, Yorkfhire. The oppreflive caufes of the King's unpopularity. 
 
 fees required from thole who As appears by the text, the profits 
 
 received the honour of knighthood, of this fyftem were often inter- 
 
 and the fevere fines impofed upon cepted by the courtiers, 
 thofe who declined it, are well 
 
Sir John Nor t boot es Note Book.o- 65 
 
 been levied upon him and ifTues returned for above 
 2000, and begged by a courtier. 
 
 The petition averred. 
 
 SIR R. PYE. That this will give a good re- 
 monftrance to His Majefty how much more levied 
 than anfwered to King's purfe. 
 
 [THE CANONS.] 
 
 MR. HoLBORNE. 3 The perfons concerned, the 
 clergy in Convocation, and laity in Parliament. As 
 am fervus reipublic<e y fo films ecclefite. Queftion 
 whether thefe Canons good in law or not. (i.) In 
 refpect conjlituentis without confirmation in Parliament, 
 (2) after Parliament. Whether Convocation drawn 
 together became dead body by diiTolving Parliament. 
 Another refpect constitution upon the provifo to 
 make none contrary. Whether Convocation can 
 make Canons to bind without Parliament. Not in 
 power to alter prerogative, pofitive or Statute law, for 
 clergy bound to obey magiftrate, and can make no 
 canon againft it. The canons quoad mores, 'tis in 
 power of Convocation to make them with King's 
 confent, by practice, not to speak of power of coun- 
 cils, whofe canons regularly hold where they are not 
 at firft refufed. So in provincial convocations, prac- 
 tice in England from the Conqueft to Henry the 
 VI th . Compilation by Linwood, 4 no confirmation of 
 thofe, fcarce of any one canon by Act of Parliament. 
 
 3 Adjourned Debate on the evidently an elaborate difplay of 
 
 Canons. Nalfon fays that Hoi- legal learning, 
 borne argued for two hours in 4 William Lyndwood, Bifhop 
 
 defence of them, but he had been of St. David's, died 1446. He 
 
 unable to obtain any record of his wrote " Provincial, seu Coniti- 
 
 arguments. The Ipeech was tutiones Angliae." 
 
66 Sir John Northcotes Note 
 
 From Henry VI. to 25 th Henry the VIII th divers 
 convocations. Yet no confirmation in Parliament, 
 yet generally thefe did bind. Parliament 37 th Henry 
 the VIII th Canon to bar Lay Chancellors held till 
 another Parliament took it away. From 25 Henry 
 the VIII th fubmiffion of clergy not to make canons 
 without King's licenfe, but with profeffion of con- 
 fidence in that King. So the Church conceived (it) 
 could riot but (at) firft be voluntary to have King's 
 confent, a fortiori the Parliament's confent not 
 necefTary. From that time to this they never came 
 for confirmation, fo as, if fome law be not produced 
 againft it, this practice is proof of the canons and the 
 power of the Church. Quoad mores Convocation, for 
 eftate the Parliament. Conveniency to have cor- 
 roboration from Parliament, but not neceffity. The 
 King hath fent mandates to Convocation not to 
 trench upon fome cafes. The Parliament fometimes 
 petitioned the King not to confent to their petitions 
 of Clergy, but that could not be concerning their 
 Canons, but for fomewhat elfe. Canon that Clergy- 
 men fhould not anfwer a temporal court, againft com- 
 mon law. Standim's cafe in Kelway. Books that 
 Clergy may make canons to bind Church 30 Henry 
 VI th 13, 20 Edward IV th 45, 4 Henry IV th ca. 3 ftat. 
 The Archbifhop did promife that in a provincial 
 Convocation (he) would make a constitution, and 
 /how it the King before next Parliament. Stat. of 
 25 Henry the VIII th . They did not yield it then, 
 but did fubmit it. And before that time did it with- 
 out King's confent. The Writs from King to reftrain 
 them in fome argues that they might in others, (In) 
 
Str John Nortbcotes Note Book.o- 67 
 
 8 th King James, the opinion of Judges was afked in 
 the point, and anfwered that they might do it with 
 the limitation of the ftatute. Thefe Canons were not 
 made without fome confideration of the legality. 
 .They cannot bind the temporal, but may the Church. 
 In things indifferent they may do fomewhat to bind 
 laity. Many inftances in Linwood. 
 
 2. Whether now they have power, Parliament 
 being difTolved, and whether they then are a dead 
 body and incapable of a commiiTion. The miftake 
 upon not looking into the feveral writs. Firft for a 
 parliament ad confentiendum, but they (had) another 
 writ ad tract an dum et confulendum. This makes them 
 Convocation, ad defenfwnem ecclesise. This writ no 
 way relative to a Parliament. Find the very writs 
 from and before Henry VIII's time. Of late times 
 they have feldom made proxies to Parliament 1 6 
 Henry VII. in Convocation book -20 Henry VII. ; 
 14 Henry VIII. The 21 Henry VIII, the very 
 writs. Convocation after Parliament diiTolved re- 
 main a body. Twenty precedents of them when no 
 Parliament 18 Ed. 3. Parliament roll. Several 
 writs went out. They were not come before Parlia- 
 ment. King spoke to Archbifhop to punifh them. 
 
 Whether, if good power, they have well purfued it. 
 This will trench deeply upon fome of them, but not 
 touch fome of them. 
 
 The Canon for Benevolence. The Clergy may 
 bind themfelves. Before Henry VIII. many fuch 
 grants without mention of confirmation in Parliament. 
 No confirmation of the grants of Clergy till 32 
 Henry VIII. 
 
68 Sir John Nortbcotes Note 
 
 Objection. Excommunicate and deprive for not 
 payment. 'Tis but concurrence of law, and not their 
 act that they are imprifoned. 
 
 Was a benevolence, and not to be forced. True 
 'twas benevolence before given, but of right afterwards. 
 
 Canon for keeping King's inauguration. That 
 againft ftatute that appoints holydays, But this is 
 but to go to prayers, and no holydays, Againft: 
 i of Elizabeth, which appoints book of Common 
 Prayer. This book not made by Convocation. 
 Againft 37 Henry VIII, concerning lay Chancellors 
 exercifing cenfures eccles(iaftical.) The Canon may 
 ftand with it. In 34 Eliz, and 39 of Eliz. Canons 
 that excommunication mould not be made by lay- 
 man. 
 
 What to be condemned in the Canons, Firft, 
 the Oath, And what the power of making an oath. 
 They have power to make an oath in what belongs 
 (to) their jurifdiction, Many oaths made in Linwood. 
 Oath of Simony, i King James, a new oath. 
 
 1 8 E, III, an oath made by King and Lords. No 
 act. Oath for judges againft divers things, and 
 againft corruption. If he broke it, the King to have 
 power of his life and eftate. One indicted upon his 
 oath rebellious, and judged to be hanged, and upon 
 the King's afking the Lords it was approved. Dis- 
 likes putting doctrine and difcipline together. The 
 government of bifhops ought to ftand. To fwear to 
 it little better than perjury. To tie to human laws 
 which may alter with times, hard law. If supreme 
 power alter it, they are freed of their oaths, but if 
 sworn not to give confent, his vote is bound up. 
 
Sir John Northcotes Note Book.<^ 69 
 
 Dislikes firft Canon meddling too much with 
 powers of Kings. For property of goods, makes a 
 mow as though we were beholding to them. If they 
 meant no more by the oath than has been preft in 
 several places, it may be a flip, and not error of will. 
 
 SIR JOHN WRAV. To afk Mr. Holborne where 
 and when he received the communion. (Ansiuer /) 
 That he is a due receiver of communion at his parifh, 
 but not fince the Parliament. 
 
 MR. SxRANGWAYS. 5 No order made. 
 
 MR. ST. JOHN. That there may be convocations 
 out of Parliament, but whether, wanting confent in 
 Parliament, any canons can bind. Canons merely 
 ecclefiaftical. Cannot bind clergy by confent. For 
 therein we are bound, for we pay them their wages 
 and tithes, out of which they are bound. If all 
 ufurped jurifdiction of Pope given to the King, the 
 clergy ihut out of doors, and then no power. Queen 
 Elizabeth declares her reftriction of power given by 
 former acts, to have jurifdiction in all caufes civil and 
 temporal. j rd Henry I. at Malmefbury fpiritualty 
 and temporalty met. 51 Edward III. 46. 15 Ed- 
 ward III. 26. Confent of Commons to acts of Clergy. 6 
 
 Refolved upon the queftion. Fated, that the 
 clergy convented in any convocation, fynod, or other- 
 wife, have no power to make any canons, etc., in 
 doctrine, difcipline, or otherwife, to bind the clergy 
 
 5 Giles Strangways, member for thefe heavy drofiy Cannons with 
 Bridport, diiablcd in 1643. all their bafe metal be melted and 
 
 6 Nallbn gives a f'peech of Sir diflulvcd. Let us then dilmount 
 Benjamin Rudyard, ending thus : them and deftroy them, which is 
 " Religious concordance will never my humble motion." 
 
 be late nor well at quiet, until 
 
70 Sir John Nortbcotes Note 
 
 or laity without confent in parliament. Nullo contra- 
 dicente. 
 
 MR. K. 7 Not with the King's confent. 
 Voted nullo contradicente* 
 
 2. Queftion, that the feveral canons treated upon 
 by archbifhops, etc., in their meeting of 1640, being 
 made without confent in Parliament, are made con- 
 trary to laws of the land, and not to bind the clergy 
 or laity or either of them. 
 
 MR. PEARD. That a felect committee (be ap- 
 pointed) to enquire of the makers and profecute 
 their crime. 
 
 SIR Jo. CULPEPPER. To have a bill prepared for 
 reviving fuch canons as mall be thought necefTary. 
 [ELECTIONS.] 
 
 MR. MAYNARD. Report concerning election at 
 Bramber. Sir Edward Bifhop's election void for 
 bribery, and made uncapable for this Parliament. 
 The election for Mr. Onflow likewife voted void. 
 Sir Edward Bifhop's man Jo. Bramfden for mif- 
 demeanour called to the bar, but not here, and fent 
 for as delinquent. 
 
 [PETITION.] 
 
 Ordered that Mr. MalJeverye's petition be referred 
 to the committee for drawing the charge againfl 
 judges. 
 
 [MONEY.] 
 
 MR. TREASURER and MR. STROUD. For fpeeding 
 the bill of fubfidies, and to the city, and Mr. Harrifon 
 to go on in providing the money. 
 
 7 Mr. K's addendum is not in Nalfon or Rufhworth. Mr. K. may 
 have been King or Kirton. 
 
Sir John Northcotes Note Book.^ 71 
 
 MR. HARRISON. That he has ^15,000 ready, 
 and the reft he will fpeedily make ready, and reft 
 upon the bill and goodnefs of the houfe, 
 [CANONS.] 
 
 SIR ED. HUNGE.RFORD. To punim the makers 
 of canons, and tranfmit. Corpus cum causa. That 
 there has been a folicjtor amongft them as well as 
 among the judges. 
 
 MR. PALMER. That the canons not only againft 
 the law, againft property. In fome tending to 
 fedition, not to confent to alter, etc. The great 
 commotions 'twixt King and clergy, that they had 
 taken an oath to fee of Rome, and therefore could 
 not confent. This claufe is like the fetting up 
 another Pope again. In other canon, in generali 
 juramento femper excipitur fi leges Anglic per mitt ant. 
 The faving in the oath of homage. Crime charged 
 upon Bifhop of Exeter 8 for receiving homage of his 
 tenants without exprefTing the faving homage to 
 King, for which condemned in a fine. Giving the 
 oath to others in clergy, fchoolmafters, and all 
 fcholars. 
 
 MR. FINES. That they contain fome things 
 deftructive of fundamental laws of kingdom. Take 
 upon them to define order of kings 9 by divine 
 ordinance. Then democracy and ariftocracy are 
 
 8 The Bifhop of Exeter at this the ordinance of God himfelf," 
 time was Joleph Hall, "the Eng-r &r. Alfo that "Tribute and 
 lifh Seneca." Perhaps the fpeaker Cuftom, and Aid and Subfidy, and 
 may have referred to a former all manner of neceflary fupport and 
 Bifhop. fupply be refpe&ively due to Kings 
 
 9 The firft Canon declared that from their Subjects by the Law of 
 " The moft high and facred order God, Nature, and Nations," &c. 
 of Kings is of Divine right, being 
 
72 Sir John Northcotes Note 
 
 againft law of God. All taxes and aids due by law 
 of God and nature. 
 
 [MESSAGE FROM LORDS.] 
 
 Meflage by two Chief Juftices. 
 
 Lords defire conference touching bufinefs of Scots, 
 if with convenience. 
 
 MR. PIM. That we are entered into matter of 
 great confequence, and that will fend anfwer by 
 meflenger of our own. 
 
 SIR T. ROWE. To give prefent meeting. 
 
 MR. GOODWYN. For putting it off. 
 
 MR. STROUDE. For the weight of the mefTage. 
 
 After long debate, to be anfwered by mefTenger of 
 own. 
 
 [CANONS.] 
 
 Queftion for canons. That thefe canons and con- 
 ftitutions ecclefiaftical are in many of them contrary 
 to the laws and ftatutes, the King's prerogative, the 
 property and liberty of fubjects, and fome of them 
 tending to fedition, and of dangerous confequence. 
 
 SIR T. WIDDRINGTON. To be added, Againft 
 the right of Parliament. 
 
 Nullo contradicente. 
 
 SIR FRANCIS SEYMOUR. That a committee (be 
 appointed) to prepare it for fending to the Lords, 
 and to confider of the makers. 
 
 SIR JOHN HOTHAM. That Lord of Canterbury 
 has been principal active fpirit in this bufinefs. That 
 every member of houfe charge him with what he 
 knows. 
 
 MR. P. That there was a confpiracy 'twixt Lord 
 Strafford and Lord Canterbury to overthrow the 
 
Sir John Northcotes Note Book.o- 73 
 
 temporal and ecclefiaftical government of kingdom. 
 This prelate greateft incendiary betwixt the two 
 kingdoms. 
 
 SIR H. ANDERSON. Out of the canons that the 
 principal actors have concluded themfelves treafon- 
 able. 
 
 MR. RIGBY. Words of the book, By advice of 
 our Metropolitan. That the Bifhop's book 1 that 
 Epifcopacy is jure divino be referred to Committee. 
 
 MR. BAGSHAW. Apology concerning Arch- 
 bifhop's difpleafure againft him. Produced pro- 
 clamation and opinion of Judges obtained by Lord of 
 Canterbury for keeping courts in their own name. 
 
 MR. GRIMSTON. That this is charged againft 
 the Judges by the Committee. 
 
 Committee appointed to confider who (were) pro- 
 moters of Canons, and collect the particulars, and 
 draw up a charge againft Lord of Canterbury. 
 
 SIR W. EARLE. Seventeen years fince, fpeaking 
 of danger of declining to Popery, that if ever it came 
 about, it muft be by the way of Scotland. And laft 
 year moving for readinefs to confer he faid it was an 
 Epifcopal war. Lord of Canterbury. 
 
 MR. PELHAM. That Lord Canterbury has mono- 
 poly of fines in High Commiflion, where no mitigation 
 but from him, which in other Courts is by a Com- 
 miflion . To examine how far (he is guilty) in the 
 fubverfkm of laws. 
 
 MR. WESTON. That many did not confent to 
 
 1 " Epifcopacie by Divine was appointed. The names are 
 
 Right. Afferted by Jofeph Hall, given by Nalfon. Pym appears 
 
 Bimop of Exon." London, 1640. to have been chairman. 
 
 A Committee ot thirty-nine 
 
74 Sir John Northcotes Note Book.o- 
 
 the Canons. That they may have notice of the 
 refolution of houfe, that they may declare how they 
 were furprifed at Committee. Committee meet at 
 3 o'clock. That if any have taken or miniftered this 
 oath, (they mould) be incapable to fit. 
 
 CONFERENCE WITH LORDS [CONCERNING THE 
 ARMIES.] 
 
 To know the refolution of houfe, that they might 
 rely on and deliver to Scots. 
 
 To appoint a time to confider of fupply of both 
 armies, that they may anfwer the defire of the Lords 
 for a free conference. 
 
 SIR JOHN HOTHAM. To prefs the city to refolve 
 the money. 
 
 MR. VASS(ALL). That they expect the pafling of 
 the bill. 
 
 MR. P. That Mr. Harrifon's 15,000 may be 
 prefently fent away. And that the Northern parts 
 may now have a greater mare in proportion to what 
 Yorkfhire had laft. 
 
 ALDERMAN PENNINGTON, That he prefumes if 
 the bill were once read the money would be ready. 
 
 The Houfe to name committees in the feveral 
 counties for levying the money. The knights and 
 burgefTes to give names to-morrow. Voted upon the 
 queftion. 
 
 MR. STROUD. To prefs the city to accept 
 fecurity, for that the bill cannot be pafTed in little 
 time. 
 
 SIR T. Row. That the refolution of houfe may 
 be prepared to anfwer Lords to-morrow morning 
 concerning the armies and the money. The Scots 
 
Sir 'John Nurtbcotes Note Boo&.c^ 75 
 
 expect to have 30,000 of this money befides the 
 arrears. That the Scots commiflioners will be prefling 
 upon it. 
 
 MR. TREASURER. That Alderman P. had in- 
 formed (him) that they had ^20,000 underwritten. 
 That the city would fend anfwer to-morrow morning, 
 and that in the meantime that the paper for the 
 conference be confidered. 
 
 MR. GRIMSTON. That (a) gentleman of the houfe 
 would furnim the money. Not name him, but if 
 any fcrivener had been fent to they would have done it 
 upon that fecurity. 
 
 15 December. 
 
 [SiR JOHN ELIOT.] 
 
 A committee to take into confideration the com- 
 mitment of Sir John Elliott and the reft 2 committed 
 3 Caroli y and the reafon of diflblving that Parliament. 
 To-morrow 2 o'clock in Court of Wards. 
 
 [LORD KEEPER FINCH.] 
 
 MR. P. No reading by the clerk, but for a public 
 bufinefs. 
 
 MR. RoLLs. 3 A letter from Attorney i Caroli, 
 not fuffered to be read. 
 
 The fubftance of it. 
 
 Takes notice of the charge, and defires that he may 
 firft in perfon give fatisfaction to the houfe. 
 
 MR. P. The like granted to Lord St. Alban's, 
 
 2 " The reft " were Sir Peter Hotham, Hampden, Fym, and 
 
 Hayman, Hollis, Strode, Valentine, Sir Walter Earle. 
 
 Selden, Walter Long, Sir Miles 3 John Rolle, member for 
 
 Hobart, Crewe, Bellafis, Sir J. Truro. 
 
Sir John Northcote's Note 
 
 and that, if he will firft get leave of the upper houfe, 
 that 'tis ufual to be granted. 
 
 MR. PERPOINT, one of the committee. That the 
 charge will be ready to deliver to the houfe to-morrow. 
 
 MR. GLIN. That there being yet no charge, 'tis 
 too soon to order that he mall be heard. 
 
 MR. HARRISON. That an order be patted the 
 like of the laft, to warrant Sir William Udall to 
 receive his 25,000 beginning of next week, and for 
 him to pay it. 
 
 LORD DIGBY. Moved upon another part of Lord 
 Keeper's letter, of his efteem of good opinion of this 
 houfe. 
 
 MR. STROUD. That he fat here when the houfe 
 could not make him fpeak, 4 who now defires to be 
 heard. He knows not whether he means before or 
 after the charge. 
 
 [THE SCOTS' ARTICLES.] 
 
 MR. P. Report from committee of both houfes. 
 That Lords' committee had papers from Scots to 
 both houfes. Lord Briftol, to both houfes from 
 Scots. Firft, an account of the treaties, and of the 
 articles treated by the commifTioners. 
 
 2. That, after articles read, to prefent declaration 
 of diftrefs of army. 
 
 3. Of ftate of King's army. 
 
 4. Some accufations prefented by Scots againft two 
 great perfons. 
 
 Articles read by our clerk. 5 
 
 4 Finch, when fpeaker of a for- ftrance that had been moved in the 
 
 mer Parliament, having received Houfe. 
 
 orders from the King, had refufed 6 The communications from 
 
 to put the queftion on a remon- the Scots were, as maybe suppoicd, 
 
Sir John Nortbcotes Note Boo&.o^ 77 
 
 1. That His Majefty would publifh the Ads of 
 Parliament. This formally condefcended to, for in 
 thefe they had power for religion and peace. 
 
 2. That the caftles 6 might be fecured. 
 Condefcended to. 
 
 3. That all may have liberty to fwear the Covenant. 
 Agreed that thofe that live there may fo. 7 
 
 4. That incendiaries 8 receive cenfure (for) that. 
 This much debated. Of two forts. Englifh to be 
 proceeded (againft) here, Scots there. . 
 
 5. That mips and goods (may be) reftored. 
 
 6. That damages may be repaired. Not yet 
 concluded till confulted with the kingdom. 
 
 7. That declaration (againft us as) traitors be re- 
 called. 
 
 8. Removing garrifons (from the Borders), and 
 establifh a firm peace. 
 
 Paper reprefenting neceffity of thefe armies read. 
 That fome of our committee had undertaken fending 
 by Parliament two months' pay. Upon this no 
 violence done. The army in great diftrefs, having 
 received but a week('s pay) for two months. Forced 
 to difperfe themfelves through thofe (parts) and 
 Cumberland and Weftmoreland, to undoing of in- 
 very long. Sir John Northcote wherein they live, and so the like 
 gives the beft part of them very to be allowed to our Nation 
 concifely. dwelling in Scotland reciprocally, 
 
 6 The Caftle of Edinburgh, but this not to extend to fuch as 
 " and other ftrcngths of the King- only trade as Merchants and are 
 dom of Scotland." not Inhabitants." 
 
 7 "Condefcended to thus far: 8 " Fourthly That the Corn- 
 That fuch as are of the Scottifh mon Incendiaries, who have been 
 Nation dwelling as Inhabitants in the Authors of this Combuftion in 
 England or Ireland fhall be subjeft his Majesty's Dominions, may 
 to the Laws of that Kingdom receive their juft Cenfure." 
 
7 8 Sir John Northcotes Note 
 
 habitants. Except the other 30,000 be fpeedily 
 fent, are not to be blamed, that their patience is 
 fufficiently known. Lord Briftol (faid) that in thefe 
 expreffions they intended not threats. 9 That fince 
 coming in had not above twopence a day. 
 
 3. Motion for fupply (of) King's army. That 
 difordcr might come by this neceffity. That fpeedy 
 courfe for fupply, that might be ready to ftay dif- 
 orders. Incendiaries named, C. and Str. (Canterbury 
 and Strafford). Scots commiiTioners had given re- 
 monftrance againfl them. Read. 
 
 [THE SCOTS' CHARGE AGAINST LAUD.] 
 
 Innovations in religion. Caufe or commotion and 
 our prefent trouble, Alterations prefTed againft law. 
 New book of Canons. New Liturgy. Of all thefe 
 prelate of Canterbury (was Author), by fourteen 
 letters fubfcribed by him to a bifhop there ; that they 
 fhould wear whites ; for High Commirlion fitting 
 in Edinburgh ; taking down gallery there to make 
 way for altars. Book of canons devifed for tyrannical 
 government of clergy ; fent by Canterbury, inter- 
 lining with his own hand. Canons not to come from 
 fynods, but from prelates and king's prerogative. 
 That he would put power in their bifhops over the 
 confciences, liberty, and property of people. Prefling 
 the Service book. Speaking at Jointo l of the arch- 
 
 9 The Earl of Briftol faid that out of a fenfe they had of the 
 
 the Scots CommirTioners had in- extreme wants of their army. 
 
 formed the Englifh CommifTioners l After the Pacification at Ber- 
 
 thar, if there were not a prefent wick, he " fpartd not openly in 
 
 fupply of money afforded them, the hearing of many, often before 
 
 their Army muft of necefTity the King, and privately at the 
 
 plunder} and that this was not Council Table and the privy 
 
 ipoken by way of threatening, but jointo, to fpeak. of us as Rebels and 
 
Sir John Northcotes Note Book.c^ 79 
 
 rebels and traitors, that the pacification was difhonour- 
 able. Oaths devifed by him upon their countrymen. 
 Railing againft their Aflembly. His hand for the 
 reftraint of our commifTioners. When late Parliament 
 would not contribute to war againft them, he after 
 made canons to preach againft them, and granted fix 
 fubfidies. Prayer by him againft their nation as 
 traitors. Ready to prove his innovations by Bifhop 
 of Edinburgh's and others' papers. That this great 
 firebrand may be removed from His Majefty's 
 prefence. Prelates of England, fome more, fome 
 lefs, inclinable to Popery. 
 
 2. (CHARGE) AGAINST LORD LIEUTENANT READ. 
 
 Whofe malice fet his wits a-working againft Church 
 of Scotland. 
 
 No lefs zeal than Canterbury, as appears by ad- 
 vancing Dr. Bramble, his chaplain, to be bifhop of 
 Derry, a man forward (" for exalting of Canterburian 
 Popery"). Another chaplain to Dublin (Univerfity). 
 
 Burning a confefTion againft innovations, prefled 
 by Primate of Ireland, by hand of hangman, though 
 confirmed by former Parliaments. 
 
 Countenancing Lyfimachus Nicanor* and other 
 books againft them. 
 
 Calling Scots nobility and gentlemen in Ireland to 
 
 Traitors," &c. Service, "againft our Nation by 
 He made Canons, ordaining name of Traitorous Subjects, 
 that the Clergy mould preach four having caft off all obedience to 
 times in the year againft the doc- our Anointed Sovereign, and 
 trine and proceedings of all Re- coming in a rebellious manner to 
 formed Kirks, &c. " And which invade England, that fhame may 
 is yet worle, and above which cover our faces, as enemies to God 
 Malice itfelf cannot afcend," he and the King." 
 caufed a Prayer to be laid in all 2 A pamphlet againft the Scot- 
 churches during the time of Divine tifh Reformation. 
 
8o Sir John Northcotes Note 
 
 frame petition, correding (the petition) himfelf, con- 
 taining oath of renunciation of covenant. Such as 
 refufed kept clofe prifoners. Which (Covenant) they 
 had taken forty years before. Many thereupon 
 forced to flee. Some indicted of high treafon for 
 refufing it. 
 
 By his means Parliament called, and fix fubfidies 
 granted, that forces fhould be raifed againft us as 
 rebels. That would give precedent to Parliament in 
 England. Ships and goods taken in Ireland. 
 
 This done, comes into England, and at coming 
 away faid he would leave of Scots nor root nor 
 branch. 
 
 Stir up King and Parliament here againfl us, but 
 failing, took courfe for breaking Parliament, and ufed 
 all means to be General, to kill and flay. Gave order 
 to officers to give battle. When His Majefty was 
 inclinable (to peace), yet in afTembly of Lords (at 
 York) breathed calumnies, that he would whip us 
 out (of England). W T hen cefTation was granted, he 
 endeavoured hoftility. Governors of garrifons (of 
 Berwick and Carlifle) received order from him. Ports 
 of Ireland flopped. That His Majefty be moved that 
 this incendiary be put to trial. 
 
 Laft, to prefent humble defire that might go upon 
 certainty with Scottifh ComrnirTioners. 
 
 Lord Keeper ended (by faying) that when we had 
 confidered upon thefe, the Lords defire free confer- 
 ence. That Lords defire the papers be returned, and 
 mall be fent back again. 
 
 To put two points, (i) for fupply, (2) at defire of 
 Scots that Archbifhop might be fequeftsred. 
 
Sir John Northcotes Note Book.o- 81 
 
 MR. GRiMSTONE. 3 The fourceof all our infe&ion, 
 the advancer of all that with himfelf have done (acted). 
 The bringer in of Strafford. Secretary Windebank 
 the broker and pandar to the whore of Babylon. 
 Man(nering), the (Bifhop) of Oxford, Bath, Wrenn, 
 thefe have devoured flock. Guard all projects thefe 
 ten years. The tobacco licenfes. Only man. Scarce 
 complaint brought in, but he interwoven in it. 
 Dangerous that fuch ftand near the King. The 
 courfe againft Earl of Straffbrd. To refolve to go 
 up and accufe him of high treafon. 
 
 MR. HARRISON. That this morning he hath fent 
 two gentlemen to get money in gold. That no time 
 given, but immediately charged. 
 
 MR. P. In chair againft him. The divers heinous 
 things offered him. That feconded Earl Strafford in 
 dangerous counfel to King. That meffage go up to 
 accufe him. 
 
 Queftion. That William Laud, Archbimop, (hall 
 be forthwith charged to the Lords of high treafon. 
 
 Voted, nullo contradicente. 
 
 The like meffage for Earl Strafford, accufe him 
 of high treafon in name of Commons. That he 
 be fequeftered and committed, and in convenient time 
 a charge mail be preferred againft him and prefented 
 to their lordfhips. 
 
 MR. HOLLIS fent with the meffage. 
 [SUPPLY OF ARMIES.] 
 
 ALDERMAN PENNINGTON. That the city will 
 make ready the money without fecurity. 
 
 3 Mr. Grimftone's fpeech is Dr. Mainwaring was Bifhop of St. 
 given by Nalfon and Ruflworth. David's, Bancroft of Oxford, Pierce 
 
82 Sir John Northcote's Note 
 
 SIR JOHN HOTHAM. For proportioning the 
 money, 30,000 to North, King's army 20,000. 
 To enlarge the number of fubfidies. That the army 
 to the 30 th of December, ^2,000. 
 
 MR. TREASURER. That the laft ^30,000 pays 
 not by ; 1 8,000 to the 8 thi Sad condition to leave 
 this army unpaid. This ^50,000 will be ready. 
 That Durham (had paid) .25,000. Northumber- 
 land paid nothing. That they be considered in the 
 firft place, and for enlargement of provifion. 
 
 MR. P. That the bill be read to-morrow, and then 
 confider of enlargement. To lay burden upon the 
 authors of it, and not Commonwealth. 
 
 MR. WHISTLER. That the bill will not be ready 
 to-morrow, though in good readinefs. 
 
 SIR WILLIAM WiDDRiNGTON. 4 Not fb much 
 paid in Northumberland by reafon of contract 
 between Lords and them before agreement at Ripon. 
 That five troops are now levying the arrears. 
 
 MR. HAM DEN. For fettling the proportioning 
 the money to-morrow. 
 
 Resolved upon queftion, nullo contradicente, that 
 ^50,000 now to be paid, to be proportioned ^20,000 
 to King's army, ^30,000 to North. And to take 
 into confideration for further fubfiftence of King's 
 army. To fend to Lords for free conference. 
 
 Moved that Sir Edw. Sans (Edwin Sandys) may 
 have leave to flay from his charge a fortnight. 
 
 of Bath and Wells, and Wren of member for Northumberland. He 
 
 Ely, " the leatt of all thefe birds, was dilabled in 1642, created 
 
 but one of the moft unclean." Baron Widdrington in 1643, and 
 
 4 Sir William Widdrington was killed at the battle of Worcelter. 
 
Sir John Nortbcotes Note Book.t^ 83 
 
 SIR JOHN HOTHAM. That no fuch leave be 
 given here, but left to Lord General if he fee caufe. 
 [MESSAGE FROM LORDS.] 
 
 That the Lord Canterbury, according to defire of 
 the Houfe, committed to gentleman ufher. 
 
 The King's revenue to-morrow. 
 [CHARGE AGAINST LORD KEEPER FINCH.] 
 
 MR. ST. JoHN. 5 Report that charge againft Lord 
 Keeper ready, and charge him with high treafon and 
 other mifdemeanours. That a charge may be fent 
 him as yefterday. That for the fhipping bufinefs and 
 articles a conference be defired. ift Article againft 
 him. That traitoroufly endeavoured to fubvert law 
 of kingdom, and to introduce tyrannical government. 
 Many particulars. That though one of them would 
 not make treafon, yet all put together would fhew his 
 malice fufficiently. Trace his whole courfe from 
 being Speaker, and in all practifed againft Law and 
 Liberty. In this houfe refufed fomething to be read 
 conducing to prefervation of King and Kingdom. 
 Concerning his carriage in Foreft of Waltham, refufed 
 jurors returned by Sheriff, and chofe whom he liked, 
 and required them to give prefently verdict for King 
 with threats. Promifed that judgment fhould not be 
 entered, but country left at liberty to traverfe, which 
 
 5 The " Particulars " upon and threatening the Judges to 
 
 which the Lord Keeper was voted deliver their opinion for the levying 
 
 a Traitor, and which were after- of Ship-money, 
 wards expanded into an impeach- iii. For feveral illegal actions 
 
 ment, were in Foreft matters. 
 
 i. For refuting to read the iv. For ill offices done in making 
 
 Remonftrance againft the Lord the King to diflblve the laft Par- 
 
 Trealurer Wefton, 4/0 Caroli, liament, and cauiing his Declara- 
 
 when the Parliament defired it. tion thereupon to be put forth. 
 
 ii. For foliciting, perfuading, 
 
 G 2 
 
84 Sir John Northcotes Note 
 
 he refufed in Common Pleas, contrary to his oath to 
 maintain laws. Contrived an opinion for warranting 
 (hip-writs, and folicited the Judges in it, enjoining 
 fecrecy, and to do it prefently. After, procured letter 
 from his Majefty to Judges for their opinions. 
 Juftices Hutton and Crook refufing, unlefs he would 
 declare to King that they conformed againft their 
 opinions, but he delivered it as their clear opinion. 
 That he laboured B(aron) Denham to retract his 
 opinion (in the cafe of Hampden). In his circuits 
 did declare what Judges had done, and that (the right 
 of fhip money) was fo inherent (in the King) as could 
 not be taken (away) by Parliament. Did in Common 
 Pleas subvert order of Court by making orders in his 
 chambers. That did make warrants to fet at liberty 
 men in execution, thofe before judgment to pay five 
 nobles, thofe after judgment five marks. What con- 
 cerns Chancery mall be made ready. Being a Coun- 
 cillor, did advife breaking the laft Parliament, and fet 
 out Declaration. 6 
 
 Of thefe the Committee received proof to their 
 fatisfaction. 
 
 That it mould be tranfmitted with the mip--money. 
 That Meflage be fent to charge him with high 
 treafon at bar. 
 
 MR. FINCH. 7 To renew yefterday's motion, that 
 he may be admitted to fpeak for himfelf before. 
 Voted- (written afterwards.) 
 
 MR. P. Being charged with treafon, againft 
 
 p ISee afterwards, page 94., chelfea, a kinfman of the Lord 
 note. Keeper. 
 
 7 John Finch, member for Win- 
 
Sir John Northcotes Note BooLc- 85 
 
 courfe of houfe (to hear him). (It) was his own 
 rule, that King's counfel was not to be difclofed. 
 
 LORD DIGBY. That, being not charged with 
 treafon till it be voted, it may be heard. 
 
 SIR ED. DEERING. If it may ftand with the 
 juftice of the houfe, he is fure it will ftand with the 
 honour of the houfe. 
 
 SIR T. MASHAM. That before charge ho grand 
 jury hears the party. 
 
 SIR FR. SEYMOUR. That may have a fhort time 
 to come* 
 
 MR. NICLAS. The Committee have voted, That 
 we may go to vote too. 
 
 SIR H. MILDMAY. The refolution in Lord S l . 
 Alban's bufinefs. That, if he defired it, he ought to 
 be heard. 
 
 SIR W. STRICKLAND. That the motion may be 
 granted. 
 
 SERGEANT EVERS (Eure). That the charge of 
 Committee is but an opinion. And that it may be 
 read (heard ?). Inauditi quafi innocentes pereunt. 
 
 MR. GLIN. A perfon in queftion. No charge 
 yet againft him. If queftion againft him, to what? 
 Nothing againft him. Inftances of Lord Bacon, and 
 Duke Buckingham ). Lord Bacon's charge but for 
 injuftice, not treafon, in which cafe he may be heard 
 by counfel and witnefles by oath. In felony or treafon, 
 not allowed. Duke of Buckingham was charged, and 
 voted, and then defired to be heard. 
 
 MR. WALLER. Prefent at argument in Chequer 
 of fhip-money. A general groan ; and upon Judge 
 Crook's going other way, expreflion of joy. That 
 
86 Sir John Northcotes Note Book.o- 
 
 thereupon Keeper (did) rife in great charge, that he 
 would not fpare the beft man there. If we hear his 
 eloquence that would not hear our groans, much 
 beholden. Though Grand Jury hear not delinquent, 
 yet thofe that commit him did. That not fear his 
 eloquence, and that may be heard. If any of the 
 Grand Jury defire to hear the party charged, 'tis 
 granted, 8 to fatisfy defire of the members. 
 
 MR. FINES. That cannot ftand with order of 
 houfe, being he had no orderly notice of it. 
 
 SIR T. Row. That he may take notice by the 
 Committee fent to him and Judges. That he comes 
 not to anfwer heads of charge. Stand with honour of 
 houfe to find men innocent (rather) than guilty. 
 God would go down to fee, &c. That he may be 
 heard. Inauditus et indefenfus tamquam innocens per ire 
 videatur. 
 
 MR. STROUD. That large Committee have brought 
 opinion, none di (Ten ting. If once fatisfied that 'tis 
 treafon. Whether this the fame with thofe that have 
 been charged without hearing. 
 
 SIR R. HOPTON. That he may be heard. 
 
 LORD FAUKLAND. If we mould not accufe him 
 of treafon, we accufe ourfelves of charging the others 
 with it. That, there being no charge againft him, he 
 can but make a fpeech in general. That it be put to 
 queftion prefently. 
 
 MR. CAPELL, Happily he may fubmit himfelf to 
 this houtfe. That he defires he may be heard. 
 
 MR. BELLASIS. That if, upon intimation from 
 
 8 Quare, was an accufed perfon ever heard before a Grand Jury ? 
 
Sir Jo/on Nortbcotes Note Book,(^ 87 
 
 the gentleman that moved, he come to the door and 
 defire to be heard, he may be admitted, 
 
 SIR H. ANDERSON. That he may go away, and 
 therefore be prefently charged. 
 
 MR. TREASURER. That before the report made 
 he defired to be heard, and moved the Lords for leave. 
 The greateft in the Kingdom, being charged from 
 this houfe, are preiTed down with the weight of it. If 
 Lord Strafford or Canterbury had come (the) day 
 before the charge, fhould have had it. An intimation 
 given by this Lord Keeper to S'. Alban's of the 
 charge. That he may have Monday morning to 
 come in. 
 
 MR. WIN(GATE). Birds upon wing fly fwiftly. 
 Finches fing fweetly. That it be made fure that we 
 lofe him not. 9 
 
 SIR TH. HEALE. That he ftand body for body (?) 
 
 SIR Jo. HOTHAM. That it may be heard Monday. 
 
 MR. COOKE. To have it refolved, if he be heard, 
 how he mall come into the houfe. 
 
 December 21. 
 
 [MONOPOLIES, &c.] 
 
 Petition of \Yey mouth and Melcombe Regis, that 
 they are not preft for Alderman Abell's impofition 
 upon wines, fait, foap. PrefTing of foldiers. Coat 
 and conduct money. Sealing of clothes abufed. 1 
 
 9 Mr. Wingate was right as to l Sir John Culpeper faid, Nov. 
 
 the efcape of the Lord Keeper. It 9, 1640, " It is a neft of wafps, or 
 
 was thought that he had friends in {warm of vermin, which have over- 
 
 the Houfe, who contrived to give crept the land, I mean the Mono- 
 
 him the opportunity. poles and Polers of the people. 
 
88 Sir John Northcote's Note 
 
 SIR Jo. STRANG (WAYS.) That goods diftrained 
 be reftored upon fecurity. 
 
 SIR ROBT. PYE. That it may be examined and 
 To appear what the fubject lofes, and what the King 
 has gained by it, by particular Committee. 
 
 MR. WARWICK. 2 That Lord Treafurer have 
 lately received letters from His Majefty for freeing 
 impofition upon fait. 
 
 MR. TRELAWNYJ* That exactions of Cuftomers 
 be referred to Committee* It will appear the King 
 hath been abufed five or fix hundred thoufand 
 pounds. Special Committee of means and all the 
 burgefTes of ports to examine four of King's officers 
 and all under cuftomers of London and other ports. 
 [SiR EDWARD COKE.] 
 
 SIR T. Row. Council books, will belong to 
 executor of Sir E. Cook, that his Majefty will 
 before Chriftmas day caufe them [to be] delivered 
 to furviving executor Sir Rand. Crewe. That 
 original of Magna Charta is in hands of Sir Jo. 
 Cook. 
 
 MR. COOK. That the books are entailed. 
 
 Sir Jo. Cook's fon that he hath fent to his father 
 but yet no anfwer. 
 
 Thefe, like the frogs of Egypt, without their brokage." 
 
 have gotten poflfeflion of our 2 Philip Warwick, member for 
 
 dwellings, and leave fcarce a room Radnor, difabled in 1643, after- 
 
 free from them. They fup in our wards Secretary to the King. 
 
 cup. They dip in our dim. They 3 Robert Trelawny, Koyalift 
 
 fit by our fire. We find them in member for Plymouth. He was 
 
 the dye-vat, wafh-bowl, and pow- expelled and imprifoned in 1641 
 
 dering-tub. They mare with the for faying that the Houfe had no 
 
 butler in his box. They have power to appoint a guard for 
 
 marked and fealed us from head to themfelves without the King's 
 
 foot. They will not bate us a pin. confent. Rufhworth omits his 
 
 We may not buy our own clothes name from his lift of members. 
 
Sir John Northcotes Note BooLc^ 89 
 
 [MR. HOLLIS.] 
 
 Sergeant fent for three that arrefted three of Mr. 
 Hollis his fervants. 
 
 [LORD KEEPER FINCH. ] 4 
 
 Clerk to take notes of Lord Keeper's fpeech. A 
 chair to fit on, and ftool to lay the purfe. 
 
 SIR SYM. D'EwES. De la Poole 5 Duke of 
 
 4 The debate on the ceremonies 
 to be obferved in the admiffion of 
 the Lord Keeper is rather charac- 
 teriftic of the Houfe of Commons, 
 or perhaps of any affembly of 
 Englifhmen. Sir S. D'Ewes alfo 
 tells us that it was difputed whether 
 he mould fit or ftand, whether he 
 mould wear his hat like a member, 
 or ftand bare-headed like a peti- 
 tioner. The queftion was com- 
 promifed, or evaded, by a chair 
 being place:!, and its being left to 
 his owi) difcretion whether to lit or 
 ftand. " The ierjeant came in 
 before him, and he brought the 
 purfe with the great feal in it him- 
 felf, and, having made three 
 reverences, he laid the purfe on the 
 chair, and flood by it, leaning his 
 left hand on it, and fo he made a 
 long and well-'compofed fpeech." 
 Before he began to fpeak, the 
 Speaker faid, Your Lordmip may 
 fit down if you pleafe* " But he 
 fpake (landing, and fo, having 
 ended his fpeech, after a reverence 
 made, took up the purfe and 
 departed." 
 
 Lord Campbell, who clafles 
 Finch with Jeffreys as the two 
 worft men who ever difgraced the 
 Englifh ermine, refufes to allow 
 the praife of ability to this famous 
 fpeech. But fuch was certainly 
 not the opinion of thofe who heard 
 it, nor, probably,, will it be the 
 opinion of thofe who read it, either 
 
 in the full report in Nalfon's Col- 
 lection, which may have been fur- 
 nifhed by Finch himfelf, or in the 
 brief fummary in which Sir John 
 Northcote has fo well taken the 
 falient points. It is not too much 
 to fay that, if no other report 
 exifted, a very good fpeech might 
 be reflored from thefe notes. It 
 mufl be remembered that the 
 fpeech was made to a hoilile au- 
 dience, by a man on the very brink 
 of ruin, who might expel at the 
 next moment to be consigned to 
 the Tower, and thence perhaps to 
 the fcaffold. It is difficult to con- 
 ceive any fpeech better calculated 
 to conciliate the favour of the 
 Houfe, or, if that could not be, at 
 leaft to reft its feeling. That 
 having been afcertained, the Lord 
 Keeper took a boat, dropped down 
 the river, and early next morning 
 was on his way to Holland. He 
 lived to return twenty years after- 
 wards, and to fit in judgment on 
 the regicides. 
 
 5 Sir Simonds D'Ewes "vouch- 
 ing a record " is very chara<5teri(iic. 
 The cafe of De la Pole, fo often 
 alluded to, is mentioned by Bacon 
 as a precedent, probably to found 
 an argument in his own cafe. 
 Michael De la Pole, earl of Suffolk, 
 was attainted 'of high treafon in 
 the n th year of Richard II. 
 
90 Sir John Nortbcotes Note 
 
 Suffolk came into the houfe without either, and 
 came within the bar. 
 
 SIR Ro. PYE. That before he be condemned 
 that honour is to be done [to] the feal. 
 
 SIR GILBT. GERARD. G That when Lord Southam 
 (pton) came they flood till Mr. Speaker gave order 
 for ftool and that [he] might be covered by direction 
 of houfe. 
 
 MR. CONTROLLER. That chair be fet, and left 
 to his difcretion how to demean himfelf. 
 
 SIR Jo. STRANG. and MR. HOLLIS. That no 
 chair (be) placed till he come in and defire to fpeak. 
 
 MR. D. To place chair on left, and that the 
 mace may ftand on right, 
 
 [THE LORD KEEPER'S DEFENCE.] 
 
 Firft thank for admittance. No defire to preferve 
 felf or fortunes, but their good opinion. Rather go 
 from door to door, 7 than live without their favour. 
 No intention to juftify words or actions or opinions, 
 but make a clear relation of himfelf and leave to 
 judgment of houfe. Rather been a fuitor that 
 another might have done it. Not with a ftudied 
 fpeech, but to fpeak my heart. If a word flip to 
 give good conftruction, etc. For religion, he hopes 
 none doubts. Lived thirteen years Bencher in 
 Gray's Inn. Doctor Sibs 8 had beft encouragement 
 from him againft one that would weary him. Fifteen 
 years (of) King's Council. Not advifer of any 
 
 6 Sir Gilbert Gerard, member would have made us all BelizaraJ/es, 
 for Middlefex, fecluded in 1648. to beg for halfpennies." 
 
 7 "And crave Da obolum Bell- 8 Dr. Sibs," a reverend preacher 
 fario" &c. Rigby laid, " He in my time." 
 
Sir John Northcotes Note Eook.<^ 91 
 
 projed. Preferred to two places of judicature. 9 
 Far from thought of one and ambition of other, 
 but King's pleafure. In thefe hands never touched 
 bribe, eyes never blinded with gift, took heed to 
 friendship and hate which mifguides a Judge. 1 I 
 know not particulars of this ill opinion, therefore 
 weakly armed, but in general hope to fpeak fome- 
 what in allay of ill opinion. Once fat in that chair. 
 Appeal if not ferved with fidelity and candour, done 
 no ill, but good offices. That laft unhappy day, 
 had great fhare of forrow for it. Many in Houfe 
 know his expreflions of it. After adjournment for 
 two or three days, His Majefty fent for him. That 
 he defined to adjourn once more, but could not 
 difcern that he meant to difiblve it. That (the 
 King faiJ) there mould be no further fpeeches, but 
 that after meflage (he mould) come to him. That if 
 voted he fhould not dare to fit. All thefe commands 
 delivered by His Majefty before his Council. 
 
 For fhip bufinefs, which in opinion lies heavy on 
 me, mall clearly deliver my carriage in it. Far from 
 justifying, but fubmit all. Ignorant of firft writ, 
 neither authorifed nor advifed, nor fince, for fetting 
 forth either. 
 
 Made Chief Juftice four days before going out of 
 firft writ, fo as within his time, but not knowledge. 
 His Majefty commanded Lord Richardfon, 2 Chief 
 Baron, and felf to confider precedents and report to 
 him. His Majefty after that (faid) if whole kingdom 
 
 9 Chief Jufticeof Common Pleas, 2 Sir Thomas Richardfon, Chief 
 
 1634, and Lord Keeper, 1640. Jufticeof Common Pleas, 1626-31, 
 
 1 This fentence is not in the of King's Bench, i 
 
 fpeech given by Nalfon. .wards Chief Baron 
 
92 Sir John Northcotes Note BooLo- 
 
 concerned, not reafonable to Jay burden only upon 
 ports. Upon that, without his knowledge, the King 
 put them the cafe. Confefs was of opinion for it in 
 cafe of danger. Michaelmas following His Majefty 
 commanded to go to all judges to require their 
 opinions. Not intended by him to be binding 
 opinion to themfelves, but for His Majefty's private 
 fatisfaction. Did then think that felf and judges 
 were bound by oaths to return their opinions. Vow 
 that never ufed menaces or promifes. Left at 
 liberty by His Majefty, and he fo left them. The 
 God of Truth will make appear. The difcourfe of 
 this never fo little between judges in bufinefs of 
 weight than in this. Not one of judges that sub- 
 fcribed that needed felicitation. None made fcruple 
 but Hutton and Crook. The laft (fcrupled) not at 
 the thing, but (the) introduction, and did fubfcribe. 
 Juftice Hutton never fubfcribed. When His Majefty 
 would have fent for him again, he moved to leave 
 him to his confcience. A long time after had no 
 fpeech with any of them till February 26th, (1636), 
 when, by command by His Majefty, judges did 
 aflemble in Sergeant's Inn, where much debate, and 
 not deny but did ufe befl arguments could for main- 
 tenance of opinion. Then thofe two did differ in 
 this, whether King were fole judge of danger, not in the 
 reft. Fifteen months' difference from firft opinion to 
 this debate. After publifhed in Star Chamber by 
 predeceffor. Reafon of thofe two fubfcriptions was 
 that where moft gave votes the reft involved. After 
 came to argument in Chequer, 3 amongft reft he 
 
 3 Hampden's cafe. 
 
Sir John Northcotes Note Book.<^ 93 
 
 argued. Copies enough of his argument, fo as can- 
 not falfify. Only of the neceflity, that all the judges 
 were of opinion, in apparent danger. He did deliver 
 that it appeared that danger was fo, did deliver that 
 King could not innovate, nor lay any Charge, but by 
 Common Confent, That this judgment did warrant 
 nothing againft it, but only danger where whole king- 
 dom concerned. There every man bound. That 
 taking the lofs of narrow feas in great danger. He 
 makes proteftation he gave opinion never that money 
 to be raifed, but that mips be provided according to 
 writ. Humbly fubmit it to favour and judgment. 
 Far from his thought to introduce new government. 
 
 About foreft bufinefs. 4 That learning far out of 
 way of his ftudy, but commanded to go as attorney 
 upon Mr. Noye's fkknefs. When came, did King and 
 kingdom fervice, with extreme danger of himfelf and 
 fortunes. Concerning perambulation, great difference 
 of opinion. Before did anything, (did) acquaint 
 judges with his objections. They thought them fuch 
 as fit to be prefented. The country upon conference 
 unanimoufly fubfcribed. After, commanded to at- 
 tend fervice at Eflex, and King told him the bounds 
 of foreft narrower than ought. He thought to 
 enlarge them no further than Havering. Country 
 refufing conference with him, produced the records 
 for His Majefty's fervice, but never go about to 
 overthrow charter of foreft. 
 
 When a judge or two delivered opinion that King 
 
 4 Great difcontent was caufed forefts in Eflex were fo enlarged 
 
 by the King's prefling his foreftal that they were hyperbolically laid 
 
 claims, and conftantly encroaching to include the whole county." 
 
 on private property. "The royal (Hallam.) 
 
94 Sir John Northcote's Note 
 
 might afforeft what kind he would, when he came to 
 be judge did declare againft it, the King being re- 
 ftrained by the ftatute but in his own demefnes. In 
 this humbly fubmit his opinions. 
 
 Concerning declaration, 5 'tis the King's. Bound 
 by duty not to fpeak without his licence. When 
 may have leave will make it appear that not defer ved 
 the leaft cenfure. 
 
 Humbly thank for patience. If may know what 
 is charged he hopes to give fatisfaction. He that 
 was after God's heart was not for wanting infirmities, 
 but that hard heart right to God. Beg that, if not 
 live to ferve you, may die in favour and good 
 opinion. 
 
 MR. RIGBY. Concerning His Majefty's double 
 capacity, natural and politic, firft fubject to infirmity, 
 fecond free from all imperfections. That great 
 crime fallen from Lord Keeper in his narration. 
 That was commanded by King that if being in chair 
 were voted mould not fit. That fhould not lay 
 imputation to the King. That was not authority of 
 that. Expected that would have laid it upon fome 
 other, not King. 3rd. MefTage by fecretary for 
 meeting at Sergeant's Inn, all reflecting on King. 
 
 MR. MALLORY. That this favour of his being 
 
 5 The King's Declaration to his The only other fpeech they give 
 
 loving fubjecls, concerning his on this occafion is that of Rigby, 
 
 reaibns for diflblving the Parlia- and their verfion of it is quite 
 
 ment in May 1640, in which he different. Sir S. D'Ewes lays, 
 
 fpokeof the*' finirter and malicious "After his (the Lord Keeper's) 
 
 courfes," and the " audacious and departure divers fpake ; and it was 
 
 infolent way" of the " ill- affected the general fum or all of them that 
 
 perfonsof the Houfe of Commons." he had rather aggravated than 
 
 The conclufion of the fpeech mitigated his crimes by his fpeech." 
 is not in Nalfon or Rumworth. 
 
Sir yohn Nortbcote's -Note Book.o- 95 
 
 heard be no precedent to any other. If any defire it, 
 that may be heard at Committee, not in Houfe. 
 
 MR. LANE. Refembled a park. Laws the pale, 
 fubjects deer, King owner. He, the keeper, is 
 charged to pull down pale to make park a foreft. 
 Secondly, to difpofe to deftroy deer by framing 
 fhip writ, which fubverts property and liberty. 
 Third, the greateft crime, to counfel his mafter that 
 pale was broken, and not only to make park a 
 foreft, he went to make this foreft a wildernefs, to 
 move the King that we met here with feditious 
 intentions. That he faid that Scots and French were 
 joining againil us. That was inftrument of taking 
 away the King's weapons, the people's affections. 
 For his words, queftion whether our judgment fhall 
 be guided by words or actions, but muft give 
 vote with Committee, that (he was) culpable and 
 criminal. 
 
 ALDERMAN PENNINGTON. That optimus orator 
 peffimus homo? and that he was moved little with 
 his eloquence. That may go to vote. 
 
 SIR G. PALMES. That he heard nothing from 
 him but rather in aggravation than extenuation of 
 his offence, and defires to vote it. 
 
 MR. STROUD. That it be drawn no more in 
 example. He came in great humility. Would God 
 he had been fo when a Judge ! As Speaker here, that 
 testimony would be given with him, that never knew 
 
 6 Nalfon reprefents Rigby as chief," here afcribed, no doubt 
 
 faying, " optimorum putrefactio correctly, to Wingate, who pre- 
 
 pej/ima" and " Had not this Syren vioufly made the fmall joke about 
 
 fo fweet a tongue, furely he could finches fmging fweetly. 
 never have effe&ed fo much mif- 
 
96 Sir John Northcotes Note 
 
 abler man in Chair, but made that obftruction in 
 cafe of favourite, would not put vote till went to 
 Whitehall. Crime to vouch Majefty that no vote 
 fhould be put for an adjournment. His filence then 
 caufe of all miferies fince. Much troubled at what 
 was faid of his Majefty commanding concerning 
 Priefts and Jefuits. Hoped no more of that kind 
 fpoken of his Majefty. [As] to foreft, faid that part 
 of foreft which was not deftroyed he left entire. 
 That to his being in Court of Juftice nothing faid. 
 For voting. 
 
 MR, WINGATES. Had not this Syren a fweet 
 tongue, could not have done fo much mifchief. 
 
 MR. BRIDGMAN. Doubt whether to charge him 
 with high treafon. The other [charges] were for 
 fubverting of Laws and backed with force. Pre- 
 cedents of fubverting, without force not high treafon. 
 Inftance of Cardinal Wolfey for like, and but pre- 
 munire. 10 R. 2. Like of Mich, de la Poole, in 
 Parliament, and not adjudged treafon. 
 
 MR. WHITELOCKE contrary, yet willing to go the 
 milder way. Whether within Stat. 25 E. 3, thofe 
 are treafons againft King's perfon, and others left to 
 Parliamentary proceedings, 22 E. 3. Intereft of 
 making laws is all we have for our lives, etc. This 
 taken away is as great treafon againft Commonwealth 
 as any can be againft King's perfon. That when he 
 was in Chair, left it againft word of the houfe, refufed 
 to move what was for good of Kingdom. Look 
 upon an individual, it may be thought not treafon, 
 but looking upon confequence. Endeavoured to 
 raife own fortunes upon ruin of Commonwealth. 
 
Sir John Northcotes Note Book.c^ 97 
 
 That endeavoured to overthrow Charter (of) foreft. 
 In Common Pleas fought to bring it to arbitrary 
 decifion of caufes in {hip bufinefs. Ufed all per- 
 fuafions and threatenings. Subfidies ftill given by 
 parliament for fetting out mips. He devifed a way 
 that the King fhould not need us. Strength of an 
 Army, as Lo. Str. (Lord Strafford) (faid) not fo 
 much as armed with power of judicature, which not 
 fo eafily reiifted as the other might (be). That 
 may go up to charge him with high treafon. 
 
 MR. CONTROLLER. Whether will ftand with 
 judgment and clemency of houfe. Whether to 
 charge him according to ftatute or according to 
 judgment of houfe. 
 
 MR. PIM upon difference twixt E. Str. (Earl 
 Strafford) and this. Upon their power to diffolve 
 Parliament. The Articles prefented by Committee 
 he does agree, though not in Art. 25. 'Twas 
 treafon before, and left fo. Takes away legiflative 
 power of Parliament. Takes away honour of King to 
 be protector of people and goods. The occaiion of 
 troubles in Spain, Scots, and here. Cafes of Wolfey 
 and Ea. De la Poole % Courts cannot go higher than 
 offences require, but may go lower. Liberty of 
 fubject not fo aiTaulted in thofe times as now. 
 
 SIR. H. M. (MiLDMAY), 7 That five or fix paft 
 parliaments have been to make up breaches of 
 Commonwealth. Nothing paffes from King but 
 
 7 Sir Henry Mildmay, member Reftoration, of having taken fome 
 
 for Maiden, Eflex, and therefore of the jewels. He was one of 
 
 interefted in the " foreft bufinefs." Charles the Firft's judges, though 
 
 He was the " mafter of the jewel- he did not iign the fentence. 
 houfe," and was accufed, after the 
 
98 Sir John Northcotes Note 
 
 upon reference to his Council and Judges. And 
 therefore all depends upon their returns. His 
 concern in Emanuell College, 8 built by his grand- 
 father, that he was principal helper in upholding 
 that College. Dr. Sibs told him that he had been 
 turned out but for his help. Moved to enquire if 
 there were not Judges that embarked in the fhip 
 bufinefs before him. 
 
 MR. WHIST(LER). To be wary that in pre- 
 ferving our liberties we lofe not the faireft of them. 
 Not to leave liberty to make treafon what will. If 
 not in words of ftatute, then by parliament. And 
 that muft be by bill, and to leave it to the Lords. 
 To declare it treafon not fafe for them or us. 
 
 MR. PE(ARD). 25 E. was to chalk out the way 
 to Judges, but this treafon at Common Law. This 
 perfon charged i, in the Chair, monopolies, and 
 Ship-money. If Speaker will be filent, we are dumb. 
 That blowing up the houfe without gunpowder. 9 
 To have an Idle Parliament no Parliament. By 
 faying the King commanded increafes the offence. 
 The King would have leaned (to) that Councillor 
 that difadvifed. Had been his part to have done 
 
 8 Emmanuel College at Cam- orthodox men for their governors." 
 
 bridge was founded in 1584 by Sir Cromwell was of Sidney Suflex 
 
 Walter Mildmay, Trealurer to College. 
 
 Qjieen Elizabeth. Its orthodoxy 9 Sir S. D'Ewes feems to have 
 was fufpefted. One of the articles underftood Peard's fpeech differ- 
 in the " Confiderations for the ently. " Mr. Perd fpoke exceed- 
 better fettling of the Church Gov- ing well to mew that this denying 
 ernment," prefented by Laud to to put the vote of treafon was to 
 King Charles in 1629, was " That blow up the Parliament without 
 Emanuel and Sydney Colleges in gunpowder." Whereas he appears 
 Cambridge, 'which are thenurferles to have been blaming Finch for 
 of Puritanifm, may from time to not putting the vote for a remon- 
 time be provided of grave and ftrance in a former Parliament. 
 
Sir yohn Nortbcote's Note Book.o- 99 
 
 the King right, and upon his conference he thought 
 he had done the King wrong. More than army to 
 conquer by colour of Law. 2. Foreft. Prefenting 
 prevented fire and meat, but their lands really taken 
 from them. 3. Ship money. Take away all owner- 
 fhip. When judgment was given, thought that not 
 his gown (was his own). We muft thank the King, 
 not Judges, if we had anything. Belknap's cafe, 
 that if Judge gave judgment againfl Law was treafon, 
 that was very broken in the bufinefs. One of Judges 
 dying faid, that villain Finch undid me, for he made 
 me to fubfcribe. Four declarations. Not deny that 
 'twas his Child. If a man arraigned will not deny 
 is worthy to be hanged. Story of foxes. 1 
 
 MR. HOLBORNE believes the matter of report, 
 but doubts of judgment in Law, fearful in matter 
 of blood, doubtful of confequence, and making 
 treafon by inference. Whether this a fubverfion 
 or rather perverlion of law* One to govern ac- 
 cording to will. But when queftion what is the 
 law in foreft and {hip-money, never faid but King 
 muft be governed by law. But great perverfion 
 here. The laws not rightly obferved. If that be 
 ex errore, no great crime. Subverfion he thinks 
 clearly treafon. This not treafon in the ftatute. 
 Clear that there are others at Common Law, but 
 thefe courts not try them, but by Parliament. In 
 abfolute monarchy rex est fax, but where there is 
 
 1 The " Story of foxes" has by a ftatefman of the prefent day, 
 been unfortunately loft. Allufions a parallel was drawn between the 
 to field fports have always been duties of the Leader of the Houfe 
 popular with an Englifh audience. of Commons and thole of a mafter 
 In a very fucceisful fpeech delivered of foxhounds. 
 
 H 2 
 
ioo Sir John Northcotes Note 
 
 law, he is bound to govern fo, and the difTolution of 
 thefe treafon. Lefs to give up forts than to deftroy 
 bulwark of laws. Empfon's 2 cafe, Henry VIII. 's 
 time, plotted fubvertere leges, faid proditorie in Jub- 
 verfione legis. Wolfey's maintaining fetting up 
 legatine power againft our laws. Queilion upon 
 the Ads in foreft and upon the law in fhip money. 
 And fo perverfion, not fubverfion. 
 
 MR. CREW to point of law. That Trefilian 3 
 was no fwordfman, and that muft be wary of pro- 
 pofing to the Lords what is treafon but by Bill. 
 It cannot hurt if we declare that fubverfion of law is 
 treafon. We have done the like to Lo. Str. 
 (StrafFord) and C. (Archbifhop of Canterbury). If 
 Petition of Right be law, judgment in fhip money 
 (is) fubverfion of fundamental laws. Difference of 
 faying he is guilty, and giving a charge in matter of 
 fufpicion. Like proceedings many have fuffered. 
 Who mail have his vote for pity, and he for juftice. 
 
 MR. HIDE. 'Tis treafon to kill a judge, much 
 more to flay juftice itfelf. 
 
 Voted to be accufed of high treafon and other 
 mifdemeanours. 
 
 Voted that mefTage be forthwith fent to Lords to 
 accufe, and to be fequeftered and committed. And 
 in convenient time the charge mall be prefented to 
 their Lordfhips. 
 
 LORD FAWKLAND fent. 
 
 2 Sir Richard Empfon and 3 The allufion is probably to 
 
 Edmond Dudley, the inftruments Chief Juftice Tiefilian, who was 
 
 of Henry VII.'s extortions, exe- attainted of high treafon with De 
 
 cuted for high treafon in 1510. la Pole, under Richard II. 
 
Sir John Northcotes Note Book^;, : 
 j 
 
 22nd December. 
 
 [THE JUDGES.] 
 
 Lord Keeper's charge read. 
 
 MR. ST. JOHN. That the accufation of Lord 
 Keeper be fent. That (he) being gone, the lords be 
 moved to take caution of judges. 
 
 SIR Jo. HOTHAM. That the judges charged may 
 be named, and the Lords fent to. 
 
 SIR Jo. STOWELL. That the fame caution be 
 taken of Bifhop of Bath as of Ely. 
 
 MR. ST. JOHN. Bramfton, Chief Baron, Jus. 
 Barkley, Crawley, Trevor, Wefton. 
 
 MR. P. That meflenger go prefently after 
 Lord Fawkland to move that they give prefent 
 caution. 
 
 MR. CHADWORTH.* That Baron Trevor was 
 folicited by Duke of Buckingham in bufinefs of 
 loan 2 Car. to leave out that it mould not be drawn 
 into precedent, did oppofe reft of judges in many 
 other particulars. 
 
 LORD DIGBY. In ftates no compenfation of good 
 actions for ill. 5 That for many motives he yefterday 
 
 4 " Mr. Chadworth." William But it is not in this way that we 
 Chadwell fat for St. Michael's, ought to deal with men who, 
 He was difabled in 1643. railed far above ordinary reftraints, 
 
 5 This was not the opinion of and tried by far more than ordinary 
 Lord Macaulay. " Ordinary cri- temptations, are entitled to a more 
 minal juftice knows nothing of than ordinary meafure of indul- 
 fet-off. The greateft defert can- gence. . . . Their good and bad 
 not be pleaded in anfwer to a a&ions ought to be fairly weighed ; 
 charge of the flighted tranfgreflion. and if on the whole the good pre- 
 If a man has fold beer on Sunday ponderate, the fentence ought to 
 morning, it is no defence that he be one, not merely of acquittal, but 
 has faved the life of a fellow- of approbation." EJJaj on Lord 
 creature at the rifk of his own. . CUve. 
 
-io2. -Sir, John Northcotes Note 
 
 gave his noe, but now moved that others involved 
 in fame crime may not give the flip. 
 
 MR. HOLLIS. That the meflage againft judges be 
 firft Tent to make them Cure. 
 
 MR. WALLER. That they might forthwith be 
 imprifoned to prevent tampering of witnefTes this 
 Chriftmas. 
 
 Voted) that whereas there are feveral informations 
 againft the judges, that meflage be fent they may put 
 in caution by themfelves and others forthwith. 6 
 [SUPPLY.] 
 
 MR. HARRISON. That he had this morning paid 
 in the laft of his money, and fo performed what he 
 had undertook. 
 
 Bill of fubfidies read. Mr. Whiftler in the chair. 
 [PETITIONS.] 
 
 Petition againft Sir Ro. Bannifter, High Sheriff 
 of Warwick, by a conftable for refufing to obey his 
 warrant for levying fhip money. Strangely abufed 
 and committed. Referred to committee for ihip 
 money. 
 
 A petition againft a debaucht parfon, charging 
 him with lewd language againft Parliament. Sent for 
 by a fergeant. 
 
 [RECESS.] 
 
 Recefs at Thurfday noon, to meet Tuefday, the 
 Houfe to be called Thurfday. 
 
 6 A meflage was fent to the fecurity to abide the judgment of 
 
 Lords by Mr. Waller, to defire Parliament, for informations of 
 
 that the Lord Chief Juftice Bram^- Crimes of a high nature againft 
 
 fton, Lord Chief Baron Davenport, them. The Lords complied with 
 
 Mr. Juftice Berkeley, Mr. Juftice the requeft, and the Judges ac- 
 
 Crawley, Baron Trevor, and cordingly entered into recog- 
 
 Baron Wefton mould put in good nizances. 
 
Sir John Northcotes Note Book.^- 103 
 
 [SUPPLY.] 
 
 SIR H. VANE. For fending the money fpeedily 
 to the army, and confider farther fupply. 
 [JUDGES.] 
 
 Report by MR. WALLER. That their lordfhips 
 ordered feveral judges enter recognizance, 10,000 
 each, to give like bond with fureties this day feven 
 night. 
 
 LORD FAWKLAND. That the Lords refolve 
 inftantly to fequefter Lord Keeper. That, for com- 
 mitment, he was fled. That when charge is brought 
 againft him, to be to fame committee, 
 
 MR. PYM. That feveral committees have com- 
 plaints againft Archbifhop and judges. That may 
 be ordered to bring them to the felect committee. 
 
 2yd December. 
 
 [COURTS AT YORK, &c.] 
 
 Committee to confider of the courts at York 7 and 
 Ludlow. Taking of four counties from the laft. 
 All knights and burgefles of feveral counties and all 
 the lawyers. Thurfday feven night to confider of 
 the foundation and inftitution of thofe courts. Court 
 of Wards. 
 
 [LOAN.J 
 
 ALDERMAN PENNINGTON. That they have 13,500 
 
 7 The Court of York, properly that the Court was unprofitable to 
 
 the Court of the Prefident and His Majefty, and grievous to his 
 
 Council of the North, was firft fubjefts. And Mr. Hyde was 
 
 eftablifhed by Henry VIII. after directed to lay the matter before 
 
 the Northern Rebellion. It was the Lords, which he did in a long 
 
 reported on by Hyde in April and bitter fpeeeh, preferved by 
 
 1641. The Houfe refolved that Nalfon. 
 its jurifdiclion was illegal, and 
 
104 Sir yobn Northcotes Note Book.o- 
 
 ready. To-morrow they have court of aldermen to 
 fettle the whole, and thofe that have fubfcribed and 
 fail he will bring their names. 
 MR. STROUD. 
 
 [THE STANNARIES.] 
 
 MR. OLDSWORTH. S Leave to go to Lo. Cant. 
 
 To confider court of Stannaries. That the knights 
 and burgefles of weft may be appointed of that 
 committee, formerly appointed for committee of 
 Mr. Coriton. 
 
 [CHARITY.] 
 
 SIR Ro. HARLOW. 9 Account of the distribution 
 of the offerings to the preachers and poor of Weft- 
 minfter. 
 
 [THE ARMIES.] 
 
 MR. THRER. (Treafurer). For reading the letters 
 from Sir Ja. Afhley and Sir Jo. Conyer, and after 
 reading moved concerning martial law, by mefTage 
 from Lord General. 
 
 SIR Jo. HOTHAM. 3,000 to Bar(wick), 1,000 
 to Carliile, 16,000 to army. For (thofe who were) 
 juftly fufpected (of recufancy), that oath of allegiance 
 and fupremacy be tendered. Ordinance and munition 
 of kingdom liable to danger in Hull and Yorkshire. 
 That for drawing the army near in a body and in 
 pofture of defence. That the officers repair to 
 (their) charges. Hath been fent 50,000, as much 
 now going. This pay to the 4 th January. There 
 
 8 Michael Oldfworth, member The money collefted at the time of 
 for Salifbury. the Members receiving the Sacra- 
 
 9 Sir Robert Harley, member ment amounted to ^78 i6s. id. 
 for Here ford (hi re, fecluded in 1648. 
 
Sir yobn Northcote's Note Book.t^ 105 
 
 will be 75,000 more due, fo as a new fupply, or no 
 fubfiftence for army. 
 
 Diftribution of the 20,000 voted as before. 1 
 
 For (the) juftly fufpeded, that taking oaths and 
 receiving communion (be enforced). 
 
 MR. PiM. 2 Not to make compulfory order here 
 for receiving communion. 
 
 Voted for taking the oaths. 
 
 Lords Commiffioners have thought of a courfe for 
 returning the monies. 
 
 SIR Jo. STRANGWAYS. To have our army 
 regulated, that if Scots army break out againft will of 
 commanders, that they may be repreffed. That the 
 officers of this Houfe may go to their charges. Lord 
 General being fick, that His Majefty be moved to 
 appoint fome Commander-in-chief. 
 
 MR. STROUD. For reading fubfidy bill. That 
 before commanders of the Houfe be fent down, the 
 bufinefs for the army be debated in the Houfe, and 
 fome of Lords' committee be defired to affift. 
 
 MR. PALMER. Upon the requeft of Sir John 
 Conyers about Martial Law, that it may not pafs by 
 colour of approbation of this Houfe. While Courts 
 of Juftice open, no Martial Law. 
 
 MR. THRER. (Treafurer). That no fuch thing 
 done, but defire of direction only. No fuch imputa- 
 tion left on him. 
 
 Houfe refolved into Grand Committee to confider 
 of bill of fubfidies and to enlarge it. 
 
 1 Sir J. Northcote refers to this been enlightened enough to objeft 
 in a memorandum on the fly-leaf to the Sacramental Teft, which 
 of the Note Book. was alual!y enforced fo lately as 
 
 2 Pym would appear to have 1828. 
 
io6 Sir John Northcotes Note 
 
 SIR BEN. RADYER (Rudyard). That timely 
 provifion be made, or it may coft us more than 
 money, and we not able to fit here and give it. 
 (To) ftand hucking here for little money may lofe 
 all. If overplus remaining we can foon difpofe 
 of it. 
 
 MR. CREW. That if any be againft 4 fubfidies 
 we may hear his reafons, otherwife go on. 
 
 SIR Jo. CULPE(PER). To give but fo much as 
 to keep army to the time of ceffation. 
 
 SIR ROB. P. (PYE). For prefervation of navy, 
 or elfe fubmit ourfelves and all we have to King of 
 France. Five or fix weeks fpent about this bufi- 
 nefs. North country never gave fubfidies in Queen 
 Elizabeth's time. 
 
 MR. CAPELL. S Lefs than 4 fubfidies cannot be 
 granted. The expence of three will be out by 4 th 
 January. If army fhould then difband, would 
 require money to fend them into country. 
 
 SIR H. VANE. A paper that 40,000 of year part 
 to be fupplied. 16,000 ordinary expence of Navy, 
 without which (hips will be loft. 5,000 for repair of 
 mips fet out. Other particulars which will attend 
 committee. 10,000 for next year's fupplies. That 
 60,000 prefently fupplied for navy, or our walls will 
 be much broken. 
 
 MR. GRIMSTONE. Bufinefs of navy of great 
 importance. That four fubfidies are the leaft. The 
 
 3 According to Sir S. D'Ewes, ,80,000. Sir J. Wray is repre- 
 
 the value of two fubfidies amounted iented as faying that a fubfidy in 
 
 to about ,160,000. This agrees the time of Q^ueen Elizabeth was 
 
 with a letter of Mede's, mention- equal to ,12,000. This mould 
 
 ing that a fubfidy was not above no doubt be ;i 20,000. 
 
Sir John Northcote's Note Book.<^ 107 
 
 flow proceedings of the bill, and will require time for 
 levying. 
 
 MR. STROUD. To give three now and another 
 when Houfe is full, that country may fee we do it 
 upon neceffity and by degrees. 
 
 SIR Jo. WRAY. That Juftice being reftored to 
 its fplendour, it will be more welcome to give four 
 fubfidies than four pence to fhip money. 
 
 Meffage by Sergeant Ayleff and Whitfeild. An 
 Act for fale of lands for payment of debts of late E. 
 of Winchelfie. 
 
 For equal proportioning fubfidies. Beginning of 
 Q^ Elizabeth ^12,000, now greateft eftates not above 
 50, taken of (off?) by certificates. 
 
 MR. PoTTS. 4 For 4 fubfidies, and that they be 
 not enhanced, but that the rich be not fuffered to go 
 fo low. 
 
 MR. PEM (fie). That but two fubfidies, but thofe 
 brought to the height of 2 8th of Q^ Elizabeth. 
 
 MR. PRICE. S That Northern Counties deferve no 
 relief, for that they made no refiftance. 
 
 SIR THOS. WIDD(RINGTON). That their arms 
 were taken from them. 
 
 MR. HOLLIS. But for 3 fubfidies. The bill 
 being ready, it will eafily pafs. For two more if there 
 be caufe. 
 
 SIR FR. SEYMOUR for 4. The Clergy being not 
 named in it, will fall very fhort. 
 
 MR. P. That the prefent neceffity, not fatisfaction 
 
 4 Sir John Potts was member 5 Herbert Price was member for 
 for Norfolk. He died foon after Brecon. He was afterwards dif- 
 this time. abled. 
 
 
io8 Sir John Northcotes Note 
 
 of country, be looked to. And for 4 fubfidies. 
 (We) Have our own treafurer, and many offenders 
 which may bear the future burden. 
 
 Queftion. That 2 fubfidies be added to the 2 
 formerly agreed on, to the ufe of the former, and to 
 fuch ufes as mall be further declared by houfe. Voted 
 nullo contradlcente. 
 
 The firft payable io th Feb., fecond the io th of 
 May, Jo voted. 
 
 MR. THRER. That fenfe of houfe was that Mr. 
 Harrifon mould receive firft 50,000, citizens other 
 50,000. 
 
 Mr. Harrifon names for his treafurers Mr. Capell, 
 Sir Ro. Pye, and Sir Thomas Harrington. They all 
 feverally undertook it. The city to appoint three 
 more. 
 
 MR. HARRISON. That they may name them, and 
 to have a joint truft. 
 
 Exemption heretofore of Cinque Ports and Rumney 
 Marm. 
 
 SIR Jo. CULPEPER. The Cinque Ports have divers 
 charters, and were never poorer. 
 
 MR. MAYNARD. The charters are exemptions 
 againft King, but not to the ufe of commonwealth. 
 
 SIR P. HAYMAN. G That they more charged than 
 others. Subject to prefs for mariners and pilots, to 
 keep perpetual watch with foldiers, and to furnifh 50 
 mips. Lying upon the fea, are charged with repairing 
 the banks. Never were charged to any payment 
 
 6 Sir Peter Hayman, member following. The local members 
 for Dover, died foon afterwards. evidently ftood up for the privileges 
 The Writ was iffued in February of their conftituents. 
 
Sir John Northcotes Note Book.(^ 109 
 
 before or fince Conqueft. That till now never had 
 Burgefies of their country, but recommended. And' 
 for refufing, charged by du (Duke ?) with billeting. 
 If, now they have half of their country, it mould pafs, 
 they do them ill fervice. 
 
 MR. ST. JOHN. They are to find 57 fhips, 21 
 men and boys in each, to ferve fifteen days. This 
 fervice not required fince Henry VII/s time. Have 
 been difcharged from army, but (this) being difcon- 
 tinued, it would be confidered whether now to be 
 freed. 
 
 SIR Jo. CULPEPER. That they have never denied. 
 Till then, that they may enjoy their charters. 
 
 SIR P. HAYMAN. That in Portugal voyage, 
 Cales, and all where His Majefty concerned, they 
 have always fet out fome. For army they are as deep 
 charged as any. 
 
 MR. PIM. That they came in as adventurers, and 
 upon return had mares, and not otherwife charged 
 than other parts. 
 
 Report by MR. WHISTLER to thehoufe, the Speaker 
 (having) returned to the chair, what had been done. 
 Upon his putting the fame queftions, all voted by the 
 houfe ut supra. 
 
 The alterations of the bill referred to fame com- 
 mittee to make ready againft to-morrow. 
 [BUSINESS OF HOUSE.] 
 
 MR. THER. The paper upon Tuefday. The 
 ballaft (Jic) of King's revenue now to be brought. 
 That the motion for navy be brought firft to that 
 committee. 
 
 Sir Edward Savage for contempt of privilege in 
 
no Sir John Northcotes Note 
 
 adminiftration and fold goods. Mr. Cambell to be 
 fent for, but upon motion of Sir Ro. P. and Mr. Pirn 
 ftayed, and referred to Committee of privileges to 
 meet this afternoon. 
 
 December. 
 
 [MISCELLANEA.] 
 
 Alderman A bell to put in caution. Order to 
 juftices to return names of all recufants, and fuch as 
 pretend to be protected by the lords to return their 
 names, and by whom protected. 
 
 MR. MAYNARD reports Mr. Goodwin's 7 election 
 for Eaft Greenfteed. Voted good. 
 
 Wednefday appointed for making reports. Mr. 
 Pirn for Irifh affairs, Mount N orris, Kildare, Dillon, 
 and Chancellor, be fir ft reported. 
 
 MR. HAM DEN. That thofe that fit in chairs may 
 then prefent a brief fum of the petitions in their hands 
 conducing to the great caufes in hand. Ordered. 
 [THE BISHOPS.] 
 
 A draught of articles againft Lord of Cant, mall be 
 prefented, Wednefday. 
 
 That the sub-committee meet Tuefday afternoon. 
 
 MR. BAGSHAW. That Bifhop Bath and Wells is 
 going. That mefTage be fent to make him fure. 
 
 SIR ROB. PYE. That upon enquiries he is fatisfied 
 to contrary. He did refufe to give orders ex inflitu- 
 tione unlefs take new oath. Enforced payment of new 
 benevolence. If refufed he would put arms on them, 
 for that it was bellum epifcopale. Enjoined penance 
 
 7 Robert Goodwyn, member for Eaft Grinftead, Suflex. 
 
Sir John Northcotes Note Book.c^ 1 1 1 
 
 on churchwardens for catechifing, and convented 
 others for preaching in afternoons. 
 
 SIR Jo. STOWELL. S That convented minifter 
 and gave oath ex officio. Whether not preach twice 
 upon Michaelmas Day to hinder church ales. Did 
 excommunicate Mr. Chambers for not reading book 
 of fports. 
 
 SIR HENRY MILDMAY. That he gloried in it that 
 he had put down all lectures. That he had injured 
 divers gentlemen in their patronages. 
 
 Meffage voted for divers heinous crimes tending to 
 the fubverfion and corruption of religion in that 
 diocefe. 
 
 SIR HENRY MILDMAY (fent to the Lords). 
 
 MR. PEARD (He) is crafty fox, unkennel him. 
 
 MR. STROUD. The diforder of carrying mefTages. 
 
 Sergeant Jent. 
 
 [SUPPLY FOR ARMY.] 
 
 SIR W. EARLE attended Lords Commiffioners for 
 this houfe yefterday, concerning receiving and order- 
 ing the monies. The Lords anfwer that four of the 
 committee, Warwick, Mandevil, Paget, Wharton, 
 might receive the money. That they mould go for 
 relief of northern counties, to avoid mentioning Scots' 
 army. They deiired to know where to receive the 
 money. 
 
 ALDERMAN PENNINGTON. That 13,000 in Cham- 
 ber of London. Moved that might be order for 
 receiving 38,000 out of Chamber of London ; 25,000 
 from C j 5,000 from Sir W. Udall. Voted. 
 
 8 Sir John Stowell, or Stawell, member for Somerfet, an aftive 
 Royalift, difabled in 1642. 
 
112 Sir John Nortbcotes Note Book, o- 
 
 [MESSAGE.] 
 
 Report^ That Bifhop of Bath was not prefent, but 
 they had fent for him, and would take caution of him 
 as defired. 
 
 [ANNUAL PARLIAMENTS.] 
 
 MR. STROUD. 9 That noifed giving 4 fubfidies. 
 That fomewhat to comfort the people. That Act for 
 yearly holding parliaments. Read. That the Tuefday 
 after Eafter they alTemble without fummons, if not a 
 fummons by a King's writ before Tuefday after Afh- 
 Wednefday, and merifFs to fend Warrants for choofing, 
 as if writs had been fent. And if Sheriff fail, then 
 the freeholders and Citizens and burgefTes to afTemble 
 and make choice, and fheriffs to make returns as upon 
 writs. If any proclamation publifhed to contrary, 
 the party to incur penalty of Sta. 16 R. 2. Sheriffs 
 failing their duty to forfeit ,500, Citizens 200, and 
 burgefles 200, and freeholders 1000. No parliament 
 to be difTblved within 40 days of meeting without 
 confent of King and both houfes. 
 
 SIR SIDNEY MouNT(AGUE). 1 That preamble of 
 bill of fubfidies naming Majefty's fubje&s the Com- 
 mons is excepted againft by Lords, and not ufed till 
 i and 3 Car. That it may breed difference twixt 
 Lords and us. 
 
 The bill firft read in the houfe. 
 
 9 This was the Bill which be- at the fame time that they found 
 came afterwards the Triennial themfelves charged with the pay- 
 Ac!. Cromwell moved the fecond ment of fo many fubfidies." 
 reading. Clarendon evidently fol- l Sir Sidney Montague was mem- 
 lows Strode's introduction in his ber for Huntingdonfhire and a 
 mention of it : " It was thought Royalift. He was difabled and 
 neceffary that the people mould be committed to the Tower, Dec. 
 refrefhed with ibme behoveful law, 1642. 
 
Sir John Northcotes Note Book.o- 113 
 
 December 2%tb y 1640. 
 
 [SUPPLY.] 
 
 Bill of fubfidie read. 
 
 MR. PARTRIDGE. 2 That the Cinque Ports be 
 exempt. 
 
 Referred to Committee, Thurfday morning, of 
 whole houfe. 
 
 SIR H. VANE. That fpeedy courfe be taken for 
 the Navy. 
 
 SIR ROBT. PYE. That the general balance of 
 King's revenue be firft confidered. That it will 
 require two months to prepare it. 
 
 That the Lords be fent to for voting the ihip- 
 money. 
 
 [KING'S REVENUE.] 
 
 SIR ED. WARDER called in with a balance of 
 King's revenue made five years fince. 
 
 Firft gave thanks that Sir Rob. Pye is joined with 
 him. That he may receive directions from houfe 
 for drawing new balance, becaufe divers Monopolies 
 likely to be taken off. Revenue ^618,990 per 
 annum. Not half anfwered into Exchequer by 
 reafon of defalcations. Recufant's compositions not 
 anfwered into Exchequer, but into other hands. That 
 in Exchequer always at his Majefty's command. 
 Other monies not fo. Affignations duly paid to 
 prejudice of Exchequer. Whole revenue for two 
 years anticipated. That his Majefty may have fome 
 fupply from the houfe. 
 
 2 Mr. Partridge, I prefume, member for Sandwich. He was 
 was Sir Edward Parteriche, Bart., fecluded in 164.8. 
 
 I 
 
H4 $* r John Northcotes Note 
 
 Balance read. Receipts. Great Cuftoms, 150,000. 
 Petty farmes, 60,000. Compo. for houfe, 38,330. 
 
 SIR Ro. P. That this war hath coft the King 
 and kingdom two millions. 
 
 (A feparate lift.) 
 
 Qn. (Queen). 32,594. 
 
 Q. Boh. (Bohemia). 19,150. 
 
 Gofer. 107,920. 
 
 Robes. 5000. 
 
 Child(ren). r 5>^33- 
 
 Ward. 26,221. 
 
 House. 16,071. 
 
 ....(?) 1310. 
 
 Jewels. 5810. 
 
 Sta. (ftables ?). 41,570. 
 
 Caftles. 13,500. 
 
 Penfions. 131,000. 
 
 MR. PIM. For prefent consideration of Navy. 
 That cuftomers forbear any payments fave to King's 
 houfe. That the money be afligned for Navy. (Mem. 
 inferted afterwards). Ordered to make no payments but 
 utjupra. That if might have all our defires, if King 
 were not better provided for than we found him. 3 
 Work not done. 
 
 MR. THRE. (Treafurer). That King's revenue in 
 fuch diffraction that nothing but Parliament can 
 repair it. That fome Patents from the King be 
 called in. That a preparative balance may be brought 
 in in 7 or 8 days. Provisions for Navy to be made 
 at this time of year at much eafier rates. 
 
 3 Pym faid, on one occafion, that they would make the King the 
 richeft King in all Chriftendom. 
 
Sir John Nortbcotes Note BooL^- 115 
 
 SIR H. VANE. Method of Navy. Divide expenfe 
 in ordinary and extraordinary. 38,000 for 40 fhips 
 and fetting out 4, which was clearly paid till this 
 year 16,000 behind for payment of wages, &c. Hull 
 fhips for fraught, for King's fhips paid off, but 
 others daily expelled to be provided for. For next, 
 the ordinary will be fame. That money be forthwith 
 afligned, for fummer guard, fuitable to fhips for 
 other princes. Lord Admiral, expence (of) 20 fhip, 
 12 or 13,000 prefent pay for victuals. Stores to be 
 fupplied, fo as 20,000 will be prefently neceffary. 
 [SIR G. RADCLIFFE.] 
 
 MR. PIM. From Committee for charge againft 
 Lord Strafford. Sir Geo. Radcliff fo interweaved 
 and combined as cannot go without. There being 
 no accufations againft him, Lords made fome fcruple 
 of examining his articles prepared by Committee 
 againft him. Upon reading them to fend to Lords to 
 charge him with treafon. 
 
 Six Articles. 
 
 i. That confpired with Earl Strafford to fubvert 
 government, and been counfellor in bringing in 
 Irifh Army to England. Sir Rob. King (brings it) 
 fully home (to him.) King 4 400,000. 30,000 foldiers 
 and fword by his fide, if want more not to be pitied. 
 By conference with two others of Ireland, the fame. 
 Lord Lieutenant (faid) abfolute power in the King 
 beft government. Sir Ro. King replying that would 
 be tyrannical. Sir Geo. Radcliff (faid) that govern- 
 ment is eafieft fo. 
 
 4 That is, Sir G. Radcliffe faid 30,000 foldiers, fo that he might 
 that the King had ^400,000, and take whatever he plealed. 
 
 I 2 
 
n 6 Sir John Northcotes Note Book.o- 
 
 2. Confederate with him in afTuming regal power, 
 and exercifed the fame over fubjects in Ireland. 
 Proofs by extrajudicial proceedings upon paper 
 petitions, fining and imprifoning cuftomers for not 
 conforming. 
 
 3. For enabling thefe defigns, taking great fums 
 out of exchequer, 30 or ^40,000 at one time em- 
 ployed for tobacco. 5 
 
 4. Abufed their power by countenancing papifts. 
 Priory built on his own land, and great refort of 
 priefts to it. That dirTuaded recufants of Ireland 
 from charging him in England. 
 
 5. That had ftirred up enmity and war twixt 
 Ireland and Scotland. That he fpoke in Parliament 
 there that an Army coming from Scotland in Ireland, 
 to incenfe them. 
 
 6. That laboured to" fubvert rights of Parliament. 
 Mr. Barnwell for ftanding upon fending parliament 
 men for ancient boroughs, Sir G. R. told him would 
 
 fejjton (billet ?) 500 foldiers upon his houfe. 
 
 All during his being councillor there, contrary to 
 his oath and allegiance. 
 
 Voted to charge him with high treafon. 
 
 Voted that thefe articles mould be ground of ac- 
 cufation. 
 
 Voted that meffage forthwith fent to Lords to 
 accufe him, nullo contradicente. 
 
 MR. STROUD named, but apologifed that of late 
 men not fo fit have been employed. Read at bar. 
 
 MeJJage. To know whether it be our defire to have 
 Sir G. RadclifF made fure. 
 
 5 " And converting the profits of the fame to their own ufe." 
 
Sir John Nortbcotes Note Book.c>- 117 
 
 Anfwer by MR. PIMM. That (he) being in 
 cuftody, they forbore to fay anything of that till the 
 Articles fhould be prefented, which will be very 
 fhortly. Since their Lordfhips have fent, that they 
 take fuch courfe for his further reftraint as fhall feem 
 fit, and that their Lordfhips will be pleafed to 
 examine fuch witnefles as fhall be produced fpeedily 
 and fecretly. 
 
 [MISCELLANEA.] 
 
 MR. PRYDEAUX. G That Dr. Baftwick's petition be 
 referred to Committee for Burton and Prinne. 
 
 Mr. Shepheard fent for as a delinquent for fending 
 Mr. Speaker's fervant to Newgate, and faying that if 
 any parliament man break the peace, he would lay 
 him by heels. 
 
 [On a feparate page.] 
 
 .Sir Jo. Holland's 7 profeftion of his integrity in 
 Religion notwithftanding his wives recufancy ordered 
 to be entered. 
 
 [END OF THE NOTES OF 1640.] 
 
 6 Edmund Prideaux, member member for Caftle Rifing, Norfolk. 
 for Lyme Regis, afterwards At- This fhould have been entered 
 torney General, and Curtos Rotu- under Nov. 24. Sir John H. was 
 lorum of Devon under the Com- one of the firft who f'poke upon 
 mon wealth. grievances at the commencement 
 
 7 Sir John Holland, Bart., of the Long Parliament. 
 
1 1 8 Sir John Northcotes Note 
 
 ENTRIES ON THE FLY LEAVES OF 
 NOTE BOOK. 
 
 I. 
 
 (In a clerk's hand, not Sir J. Northcote's.) 
 
 Auguft 1 6th, 1633. 
 
 Keniside. Thomas Johnfon hath furrendered to Ifabell 
 his daughter, now wife of W m . Dickfon, a 
 tenement there called Whitebanck rented xx d . 
 
 Saving a moiety thereof to him y e faid Tho. 
 Johnfon and Katharine his wife and y e longer 
 liver of them. 
 
 T)regg. John Kitchin to John his fonn a tenem* there 
 rented 2 d , and y e faid John y e father hath com- 
 pounded for 2 fines, one upon my late Lord's 
 death, y e other upon this furrender. 
 
 Carlton. The fame John hath likewife furrendered to 
 Hugh his fonn one tenement there rented xii d , 
 and hath likewife compounded for 2 fines ut 
 supra. 
 
 II. 
 
 (In Sir J. Northcotes handwriting.) 
 
 Underftood the debate at Committee concerned by 
 his place. 1 
 
 Though of greater value, to quit it, defiring to 
 further general good. 
 
 To offer to consideration that the general Liberty 
 
 1 A note of the fpeech of fome member, perhaps Sir H. Vane. 
 
Sir John Northcotes Note Book.<^ 119 
 
 (be granted) to any that will to put to Sea, without 
 com on (commiflion ? ) or rendering account, I mean 
 of their acYions, not of the prizes taken. 
 
 Not to retard the intention (?), but provide againft 
 the mifchief, and fubmit it to Judgment of houfe. 
 
 III. 
 
 Rec. May 6th, 1640. 
 
 ' * 
 Nunm. Robert Barker . . .100 
 
 Rog. fforfter . . . . o 10 o 
 
 Tope. Tho. Stevenfon . . .100 
 
 Wros. Hen. Dixon Lie. . . o 10 o 
 
 Thornton. Ric. Hill Lie. . . .0100 
 
 TV. 
 
 Remem. for Nort. Lad. 1640. 
 
 To take prefent courfe for fettling of Corbridge. 
 
 To Moone for repairing the bridge with timber. 
 
 To call upon the rent for Ovingham Mill. Mem. 
 Wilome fifhing. 
 
 To fettle the tenements in queftion at Tynmouth. 
 
 To enquire concerning Mr. Crage's petition. 
 
 To fend procefs for Jo. Wolfe, Tho. Lambert, and 
 Tho. Thorpe of North Sheeles for refcous (refcue ? ) 
 upon the bailiff. 
 
 V. 
 
 Rem. for year 1640. 
 
 To enquire of the Dutch fhip brought in by a 
 Dunkirk at Scarborough, and the corn fold. 
 
120 Sir John Northcotes Note Book.o- 
 
 Mem. The recovery for Newton upon Darwent 
 delivered Mr. Elmhirft May 6 th 1640, to be returned 
 pon all occafions. 
 
 upon all occafions. 
 
 VI. 
 
 The 20,000 now fent, deducting 4000 for the 
 Garrifon will pay but to the beginning of December, 
 fo as there is yet no provifion to the 4 th of January. 
 
 To move the Committee concerning executing 
 Martial Law, without which not in the power of 
 officers to prevent diforders in the country. 5 
 
 2 
 
 VII. 
 
 s. d. 
 
 Taken with me March 3i st , 1640,) 
 for Riding Charges . . . .J 
 
 Unde 
 
 from London to York and at York"| 
 from the laft of March to the 9th of V 9 6 i 
 April, ix 1 vi s i d . J 
 
 Whereof Mr. Henderfon to pay i. 1 1. 10. 
 
 VIII. 
 
 Paid my brother Geo. Potter 3 towards^ 
 the purchafe of the Lands in Idfley, V 50 o o 
 May 22. J 
 
 2 See Notes, p. 105. This who died in 1642, being the laft 
 may be a memorandum of what bifhop who died a member of the 
 Sir John Northcote himfelf in- Houie of Lords. Perhaps George 
 tended to fay in Parliament. was a fon of his, or he may have 
 
 3 George Potter, here called been a brother juftice. Iddefleigh 
 *' my brother," was probably a is a parifh in North Devon. The 
 coufin of Sir John Northcote. His manor ftill belongs to Sir Stafford 
 firft coufin had married Dr. Bar- Northcote. 
 
 nabas Potter, Bifhop of Carlifle, 
 
Sir John Northcotes Note Book.<^ 121 
 
 More paid Mr. Ball's man by my) 
 
 / 
 
 
 
 brother's appointment. / 
 
 More paid Mr. Arthur Chappie upon 
 
 a bill from my brother, June 16, 1640. * 
 Paid Mr. Keeling by Sir Jo. Melton's) 
 
 appointment, June 5*. j 
 
 More delivered him for Sir Jo. Mel-) 
 
 ton's ufe, June 14 th , 1640. j ^ 
 
 Lent Mr. Morris Mrs. Gates her fonne) 
 
 upon his bill, June I 3 th . { 
 
 (The laft three entries are croffed out. ) 
 
 IX. 
 
 To Mr. Selden for drawing his Lord- 
 mip's 4 commiffions as General, by his Lp's 
 appointment, July 13 th , 1640 . . 20 o o 
 
 To his Clerks . . . . . o 1 1 o 
 
 More to his clerks .... 
 
 To Mr. Harris by Mr. Budd's ap- 
 pointment, July 13 th . . . . 300 
 
 For Maps for his Lordfhip . .040 
 
 To W m . Knight to be repaid to my 
 brother at Michaelmas . . i o o 
 
 Lent Mr. Afh of Petherton, July 23, 
 1640 . . . . . ..800 
 
 To Mr. Ellis upon his bill of difburfe- 
 ments in executing Commiflions from the 
 Adm tie , July 2i st , 1640, per bill . .668 
 
 4 Probably the Earl of North- Devonshire, under whom Sir John 
 
 umberland, Lord General. It Northcote ferved at one period of" 
 
 may poffibly mean the Earl of the Civil War. 
 Bedford, Lord Lieutenant of 
 
122 *SVr John Northcotes Note 
 
 Difburfed for Sir Jo. Melton, July 
 28 th , 1640, for the fees of his policy. . 7 12 o 
 
 More paid Mr. Pryor as fo much laid 
 out for him, per bill . . . .1000 
 
 X. 
 
 To the Clerk of the Parliament for 
 copies of Scots Articles againft Lord of 
 Cant, and Lord Lieutenant for his Lord- 
 fhip, Janu. 12 th . . . . . . i o c 
 
Sir John Northcotes Note Book.e^ 123 
 
 ABSTRACT OF AN ACT OF PARLIA- 
 MENT. 
 
 On a feparate half-fheet of paper. 
 
 This is a fpecimen of an Aft of the Commonwealth, long fince ex- 
 punged from the Statute Book. It may have had some fpecial intereft 
 for Sir John Northcote, as his wife was a Somerletfhire lady, and Sir 
 John S to well was member for that county. George Villiers, lecond 
 Duke of Buckingham, was the well-known courtier and minifter of 
 Charles II. Lislebone Long was elected Speaker of Richard Crom- 
 well's Houfe of Commons in 1658, but died a week afterwards. He 
 was member for Wells. 
 
 The eftates of Sir John Stowell, G. Duke of 
 Buckingham, etc., declared by the Ad, July 15th, 
 1651, to be forfeited for their feveral treafons againft 
 the Parliament. 
 
 Enacted that all the manors, lands, tenements and 
 hereditaments, with the appurtenances which they, the 
 faid Sir John Stowell, G. Duke of Buckingham, etc., 
 or any of them, or any for their ufe, or in truft for 
 any of them, were feized or pofTefTed of in pofTeffion, 
 reverfion or remainder, on the 2O th of May, 1642, 
 or any time fince, and all rights of entry to any 
 the faid manors, etc., which they or any of them had 
 the faid 2o th of May or any time fince, be and are 
 hereby vefted, fettled, adjudged and deemed to be in 
 the real and actual pofTefTion and feizin of William 
 Skinner, William Robinfon, etc., the furvivors and 
 furvivor of them and their heirs and afligns, and that 
 they and the furvivors, etc., may have the advantage 
 of the faid rights of entry, etc. And that they mall 
 
124 & r Jbn Northcotes Note 
 
 hold all the premifes of the manor of Eaft Greenwich 
 in focage, upon truft neverthelefs, That tHe faid W. 
 Skinner, etc., fhall hold and enjoy all the premifes 
 fubject to fuch ufes as by this Act or by Authority 
 of Parliament mail be hereafter directed. 
 
 Saving to every perfon, bodies politic and corporate, 
 their heirs, fuccerTors, etc., other than the faid Sir John 
 Stowell, G. Duke of Buckingham, etc., or any of 
 them, and all claiming from them fince the 2O th of 
 the May 1642, and other than the rights of dower of 
 refpective wives of any of them, all fuch eftates, 
 interefts, rents, incumbrances, charges, rights in law 
 or equity, which any of them had to the faid manors, 
 etc., before the faid 2O th of May; 
 
 As alfo all the eftates and interefts given, granted, 
 demifed, etc., by any Act or Order of Parliament to 
 any who have conftantly adhered to this Parliament, if 
 fuch perfons, etc., make their title appear and obtain 
 allowance thereof before Liflebone Long, Ric. Ed- 
 wards, etc., who are appointed a committee for 
 removing obftructions in the fale of the faid lands, 
 and are empowered to receive claims in writing, and 
 to examine and allow them upon proof by oath, and 
 to do all acts which former committees for fale of 
 lands might do before the I st of December, 1651. 
 Their allowance to be tranfmitted to the truftees, 
 who are to obferve fuch orders and directions as they 
 mall receive from the faid committee. 
 
 The faid William Skinner, etc., fhall ftand feized 
 of all the premifes veiled and fettled in them and 
 their heirs, except rectories impropriate, parfonages 
 impropriate, tithes, etc., until the conveyance be 
 
Sir John Northcotes Note Boo/t.c^ 125 
 
 made to the purchafer, etc., for fatisfying the refpec- 
 tive lenders within this Act, and unto fuch further 
 ufe as fhall be declared by Parliament. 
 
 The Truftees to appoint furveyors, etc., who are to 
 return the values of the feveral premifes. 
 
 The Truftees to send for particulars of the feveral 
 lands to the clerk of the commirTioners for com- 
 pounding. 
 
 That out of thefe particulars, they caufe abftracts 
 to be made of the faid lands in each county. 
 
 Provided that they contract not with any other than 
 the immediate tenants for thirty days after his return 
 of the furvey. 
 
 The feveral rates they are to fell at. 
 
 Inftructions for the Trufttes, for the Regifter, 
 the Treaiurers, Regifter Accountant, Surveyor- 
 general, Controller. 
 
 Provided that if any double any fum upon forged 
 debentures or falfe certificates, etc., to forfeit treble 
 the fum of the moiety to the ftate, the other moiety 
 to the informer. 
 
 Provided always, That every perfon having any 
 eftate, right, title or intereft, of, in, or to any the lands, 
 tenements, or hereditaments by this Adi intended to 
 be put to fale, or that hath any ftatutory judgment, 
 recognizance, or rent, to which they are liable, and 
 mail make it appear to the committee that fuch eftate, 
 etc., was without fraud had and made before any 
 treafon committed, and mall obtain allowance thereof 
 by the committee before the 29 th of September, 1651, 
 that then the fame fhall be good and effectual to fuch 
 perfon, etc., to all intents and purpofes. 
 
126 Sir John Northcotes Note 
 
 Several favings to particular perfons. 
 Page 1392 mentions 8 per cent, for intereft. 
 Page 1394 allows but 6 per cent. 
 That is for intereft due before the act for reducing 
 it to 6 per cent. 
 
Sir John Nor t boot is Note Book.z>~ 127 
 
 MEMORANDA OF THE SESSION OF 1661, 
 
 On a feparate (licet of paper, 
 Folded in the form of the Note Book. 
 
 Parliament met on May 8, 1661. Sir John Northcote was not a 
 member, but he may have frequented the Houfe from his intereft in 
 public affairs. It is pofllble that he may have been a candidate at the 
 ele&ion, and may have claimed the feat by petition, which would ac- 
 count for his prefence during the firft month or two of the Seffion. 
 Thefe notes are very different from thofe of 1640, and of inferior intereft. 
 They contain little that might not have been derived from the informa- 
 tion of a friend, or from the Journals of the Houfe, but, from the 
 appearance of the manufcript, they would feem to have been taken on 
 the fpot. They are not identical with the Journals. 
 
 May i%f&, 61. 
 
 Bill enabling Churchwardens to levy rates for re- 
 pair of churches, figned by two next j'uftices. 
 
 Houfe called over. 
 
 MefTage to Lords for concurrence in burning the 
 Covenant. Vote to deface it in all Churches. 
 
 20/16. 
 
 Report for election of Mr. Evelin and Mr. Morrife 
 at Petersfield. 1 
 
 Petitions of Mr. Chute and fome of the Electors 
 read for recommitting it. The bailiff to be taken 
 into cuftody and brought to the houfe by the Sergeant 
 to-morrow. 
 
 Bill 2 making it treafon to attempt anything againft 
 
 1 Petersfield. Hazlemere in the 2 This was the Aft 1 3 Charles 
 Journals, as in the next page. II. cap. i. 
 
128 Sir John Northcotes Note 
 
 his Majefty's perfon or government, and Premunire 
 to preach, print, or fpeak, againft the prefent govern- 
 ment, to fay the Long Parliament is yet in being. 
 This to be in force after June 24 th - 
 
 MR. SWINFEN offered a Provifo that it fhould not 
 impeach the Act of Indemnity. 
 
 Sergeant Maynard, Mr. Solicitor, and Mr. Swinfen 
 to fupply it. 
 
 MR. LEAR for a longer day, and that it might not 
 concern (a blot) that all might take notice. 
 
 LORD FALKLAND. Report from the Lords that 
 they would fend by meflenger of their own (concern- 
 ing the) Covenant. 
 
 Conference upon letter from Parliament of Scotland 
 to his Majefty concerning fettling fome horfe and foot 
 for fecuring the peace of that kingdom. That only 
 natives may be employed. Ordered to be debated 
 Monday next. 
 
 MefTage from his Majefty that he is willing to 
 pardon any mifcarriage in Sir Jo. Morley, and defires 
 he be admitted into the houfe. 
 
 2 1/. 
 
 Bill enabling Mr. Milward to fell land in Derby- 
 mire. 
 
 Bill for Mr. Hunt to fell land. 
 
 Bailiff of Hazelmere brought to the bar to return 
 Mr. Evelin and Mr. Morris. 
 
 Bill for fecuring his Majefty' s perfon and govern- 
 ment. Voted to be fent to the Lords. 
 
 Lords return their order for burning the Covenant. 
 
Sir John Northcotes Note Book.^ 129 
 
 Bill for fettling Militia. Committed to a grand 
 Committee. 
 
 The houfe to meet 29th to commemorate his 
 Majefty's reftoration. Dr. Pierce to preach. 
 
 SIR Ric. SPENCER offered a bill for fupplying the 
 bill of (indemnity ?) 
 
 SIR ROB. ATKINS. That provifion be made for 
 his Majefty's fubfiftence, the ^120,000 falling much 
 fhort. 
 
 Complaint by a member 3 againft an officer of the 
 Lords' houfe for uncivil ufage. Ordered the com- 
 plaint to be fent the Lords. 
 
 [May 22.] 
 
 Bill for fettling Mr. Arlebye's 4 eftate committed. 
 
 All of Bedfordfhire to vote. 
 
 SIR RALPH ASHTON'S fcruple concerning receiving 
 facrament 5 allowed. 
 
 ALD. FOWK fpeaking againft the order taken off, 
 and refolved that liberty be granted to none to fpeak 
 againft it. 
 
 SIR HENEAG FINCH 6 to the chair. 
 
 Concerning bill for Militia. 
 
 i paragr. voted. 
 
 2nd after long debate deferred till Monday, and 
 then de die In diem. 
 
 3 The member was Mr. George the Communion. 
 
 Weld. e gj r Heneage Finch, Attorney 
 
 4 Mr. "Arlebye." George General in 1670, Lord Keeper in 
 Orlibear in the Journals. 1673, Lord Chancellor, 1675, and 
 
 5 It had been ordered on May Earl of Nottingham, 1681. 
 13 that all members mould receive 
 
130 Sir John Northcotes Note 
 
 May 2$tb (24th in Journals). 
 
 Motion for leave to proceed in fuit againft Mr. 
 Willyams a member, denied. 
 
 Bill for confirming an act for fale of Sir Rob. 
 Howard's land. 
 
 Bill for mending highways ordered to be read 
 friday. 
 
 Bill for incorporating adventure in Lord of Bed- 
 ford's Level. 
 
 And another bill for the 2nd Adventure committed. 
 
 Ordered that the King's fupply be firft upon 
 Monday. 
 
 2nd parag. of bill of Militia voted. 
 
 A6t of indemnity to be read Tuefday. 
 
 May zytb. 
 
 Bill concerning Earl of Worcefter. 7 
 
 Order that Committee of trade bring in a bill for 
 regulating trade in great Corporations. 
 
 Petition of Covent Garden. 
 
 SERGEANT CHILTON concerning Lords not return- 
 ing anfwer. Concerning burning covenant, and 
 concerning King's marriage. 
 
 A 61 for High Court of Juftice 8 voted to be burnt. 
 
 Act declaring the people of England to be a 
 Commonwealth, to be burnt. 
 
 Act for the Engagement to be burnt. 
 
 Act for renouncing King to be burnt. 
 
 7 Earl of Worcefter. " Clothiers 8 "Thattraitorouscurfed writing 
 of the City of Worcefter" in the called an Aft." 
 Journals. 
 
Sir John Nortbcotes Note Book.c^ 131 
 
 Act for fecuring the Protestor and preferring peace 
 of Nation to be burnt. 
 
 Bill enabling Sir Anth. Browne to fell land. 
 Committed. 
 
 Governor of St. Mawe's 9 to appear. 
 
 Letter from Scotland, to be read. 
 
 Thanks to be given to Dr. Gunning 1 and Mr. 
 Carpenter, and to . print their fermons. Ser. 
 Morrice faid Dr. Gunning's was a fcandalous fermon. 
 
 Militia. 
 
 2 parag. voted. 
 
 May 2%tb. 
 
 The Six adjacent Counties 2 to the Level to have 
 voices, if not concerned. 
 
 Order from the Lords for preventing Riots and 
 tumultuous Petitions. 
 
 Bill enabling Sir Ralph Bafh to fell Lands, ordered 
 fecond reading. 
 
 Adi for confirming Judicial Proceedings, with 
 amendments, to be ingrofled. 
 
 Ordered that the Committee bring in a fecond Bill 
 for thofe that are omitted. 
 
 Lords return the bill for fecuring his Majefty's 
 perfon, etc., with faving peerage. 3 
 
 9 The governor of St. Mawe's faid to have gone over five times 
 
 was Colonel Lewis Tremayne. from the Church of England to 
 
 1 Dr. Peter Gunning was confe- that of Rome, and vice versd ? 
 
 crated Bimop of Chichefter in 2 That is, the members for the 
 
 1670, and tranflated to Ely in fix adjacent counties. 
 
 1674. 3 Proviso that no peer mould be 
 
 Mr. Carpenter was Chaplain tried except by his peers, &c., fee 
 
 of the Houie of Commons. Was p. 134.. 
 he the Richard Carpenter who is 
 
132 Sir John Northcotes Note 
 
 May 
 
 Mr. Milward's Bill committed. 
 Bill for Mr. Howard's invention for tanning 
 without bark, to fecond reading. 
 
 May 317?. 
 
 Day of humiliation for great rains. 
 Bill for Naturaliz, 4 a fecond reading. 
 Mr. Harbin's bill to be engrofTed. 
 Bill for Sir Robert Hitcham's (fettlements ?) 
 Bill again ft gathering hands to tumultuous and 
 popular Petitions (13 Charles II. cap. 5). 
 Bill for highways committed. 
 
 Bill for packing butter caft out. 
 
 Bill for naturalizing Sabran 5 committed. 
 
 Bill for regulating Elections. 
 
 Bill concerning Droitwich committed. 
 
 Bill enabling Sir Anthony Browne to fell Land, 
 committed. 
 
 Mr. Tremayne, Governor of St. Mawe's, to 
 appear to anfwer mifdemeanours. 
 
 Letter from Parliament of Scotland for withdraw- 
 ing garrifons, or that they may be of Natives. 
 
 Bill for incorporating Clothiers of Worcefter, 
 committed. 
 
 4 Bill for naturalizing Francis, bury, the ''wanton Shrewsbury" 
 
 fon of Lord Brudenell, afterwards of Pope. 
 Earl of Cardigan, and his fister 5 Kanee de Sabran. 
 Anna Maria, Countefs of Shrewf- 
 
Sir John Northcotes Note Eook.<^- 133 
 
 Bill to enable Sir Ralph Bafti to fell, Committed. 
 Free conference concerning Peerage. Lords adhere. 
 
 June 6tb. 
 Nonellye's complaint againft Sergeant. 
 
 [June jth] 
 
 Bill to enable Mr. Alg. Peyton to fell. 
 
 The like for Mr. Nevill to fell. 
 
 Bill fent from the Lords for E. of Dorfet's trans- 
 ferring a rent-charge to his hofpital, etc., upon Knoll, 
 upon other lands. 
 
 Bill for free Prefent to his Majefly (13 Ch. II. 
 cap. 4). 
 
 Quarrel 'twixt Sir Ph. Howard and Sir Rich. 
 Everard. Compofed. 
 
 Bill difabling Clergymen to bear temporal offices to 
 be repealed. (13 Charles II. cap. 2.) 
 
 June 
 
 Bill concerning Wells. 
 
 Bill concerning Sir Jo. Hutchinfon's feizing monies 
 as belonging to delinquents, but indeed to Orphans. 
 
 Bill for Prefent to his Majefly committed to whole 
 houfe. 
 
 Bill for Militia. 
 
 Bill fettling falaries upon the Matters of Chancery, 
 and an office to be erected near the Rolls. 
 
 Ordered, no private bufinefs after 9. 
 
134 Sir John Northcotes Note 
 
 Bill for free Prefent, fecond reading. 
 Lords concur to amendments concerning Peerage. 
 Committee voted repeal of the Bill excluding 
 Bifhops. 
 
 June i ith. 
 
 Mr. Harbin's bill for felling, paft. 
 Mr. Peck's bill ordered to be read. 
 Bill for repeal of Act difabling Bifhops. Voted to 
 be ingrafted. 
 
 Report concerning the fens. 
 
 Bill for reftoring Mr. Radcliff to his lands in 
 England and Ireland. 
 
 Bill for Marquis Winchefler againft Mr. Wallop. 
 
 Election for Northampton voted void. The 
 Mayor committed. 
 
 Bill for free prefent. 
 
 Bill repealing the Act difabling Bifhops to fit in 
 the Lords' houfe pafTed and fent to the Lords. 
 
 Ordered that the Committee for obferving Re- 
 ceivers of Sacrament report. 
 
 Sir Ph. Warwick 6 to bring in Particulars how the 
 ; 1 20,000 afTigned for his Majefty falls fhort. 
 
 [June i b.} 
 
 Bill for repairing churches committed. All to 
 have voices. 
 
 6 Sir Philip Warwick, author had fat for Radnor in the Long 
 of the Memoirs of Charles I. He Parliament. 
 
Sir John Nort bates Note Book.<^ 135 
 
 Act for confirmation of feveral bills lad Parlia- 
 ment, and concerning Act of Indemnity, adjourned. 
 
 June \$tb. 
 
 Petition for removing AfTizes from Launcefton to 
 Bodmin. Laid afide. 
 
 Mr. Thomas voted for Cardiff. 
 
 Mr. Fitz James for Poole. 
 
 Sir Jo. Talbot claims Privilege for a fervant of 
 his arrefted. The offender fent for. 
 
 Report concerning exaction for Ballaft. The pay- 
 ment of it to ceafe till it be heard. 
 
 [June 1 8.] 
 
 SIR. PH. WARWICK. Eftimate of Revenue. 
 Wine Licences ^250,000 ; 7 now fhort. 
 
 Norwich. Petition againft Excife. Offer xi\d. 
 per quarter upon Malt. 
 
 [June i 9 tb] 
 
 Militia. 
 
 None be charged with horfe and foot in one 
 county. None under ;ioo per annum charged 
 towards horfe. 
 
 \June 20.] 
 
 Bill for fees to Matters in Chancery pafTed. 
 Grand Committee for Courts of Juftice to examine 
 all fees. 
 
 " Wine Licences, ^25,000 in Journals. 
 
136 Sir John Northcotes Note 
 
 Mayor of Northampton at bar. DismifTed with 
 reproof. 
 
 Letters from Speaker to feveral Counties for bring- 
 ing arr. of Semi. (arrears of afTefTments). 
 
 Chippenham. Election voted void for want of 
 timely notice and refuting Poll. 
 
 Bill for regulating Corporations. 
 
 [June 21.] 
 
 Sir. H. Fredr. Thin's 8 bill for confirming his 
 father's fettlement committed. 
 
 Mr. Ch. Howard's bill for tanning committed to 
 Committee of trade. 
 
 Lime Regis continued Anniverfary for raifmg the 
 King's fiege. 
 
 8 Sir Henry Frederick Thynne, probably one of the firft Englifh 
 created a Baronet in 1642, anceftor gentlemen who ever bore two 
 of the Marquis of Bath. He was Chriftian names. 
 
 THE END. 
 
 fiRABBURV, AGNEW, & CO., PfetttffiRS, 
 
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