184. Proceedings in the High Court of Justice,* against the Earl of HOLLAND,† the Earl of NORWICH, Lord CAPEL, and Sir JOHN OWEN, for High Treason: 1 CHARLES II. A. D. 1649. [Rushworth's Coll. Whitelocke's Memorials. Heath's English Martyrs. Clarendon's Hist.]

IN the year 1648, about the time of Hamilton's entering England with the Scots army, considerable efforts on behalf of the king were made in various parts, particularly in North and South Wales, by sir John Owen and others; in Leicestershire by lord Loughborough,

and in Hertfordshire, Essex, Kent, and Surry, under the earl of Norwich, lord Capel, sir Charles Lucas, the earl of Holland and others. All these efforts were overpowered: Sir John Owen was taken prisoner near Carnarvon; The earl of Holland was taken prisoner at St.

midable monster upon which no pen that I know of hath yet ventured."

Clement Walker gives to the third part of his "History of Independency," the title of "The High Court of Justice, or Cromwell's "The earl of Holland was a younger son New Slaughter-House in England, with the of a noble house, and of a very fruitful bed, Authority that constituted and ordained it, Ar- which divided a numerous issue between two raigned, Convicted, and Condemned, for Usur- great fathers: the eldest, many sons and daughpation, Treason, Tyranny, Theft, and Murder." ters to the lord Rich; the younger, of both In that work he examines this Court, with con- sexes, to Mountjoy earl of Devonshire. The siderable ability and some learning, under the reputation of his family gave him no great adfollowing heads: 1. "By what persons and vantage in the world, though his eldest brother authority this new erected unprecedented Court was earl of Warwick, and owner of a great foris constituted? 2. Of what persons it is con- tune; and his younger earl of Newport, of a stituted? 3. The way and manner of their very plentiful revenue likewise. He, after some proceedings? What formalities and laws they time spent in France, betook himself to the observe therein? How suitable to the known war in Holland, which he intended to have laws of the land and the Parliament's Declara- made his profession; where, after he had made tions, Protestations, and Covenant, they are two or three campaigns, according to the cus4. To what end this Court is constituted ?"-See tom, of the English volunteers, he came in the also in the second part of the History of Inde- leisure of the winter to visit his friends in Engpendency, p. 123, "Four true and considerable land, and the court, that shined then in the Positions for the Sitting Members, the new plenty and bounty of king James; and about Court of Justice, and new Judges, Sheriffs, Offi- the time of the infancy of the duke of Buckingcers, Lawyers, Justices and others, to ruminate ham's favours, to whom he grew in a short time upon." And in his Additional Postscript to this very acceptable. But his friendship was more third Part, he says of it," This Court (as High entire to the earl of Carlisle, who was more of as it is) not being constituted a Court of Re- his nature, and humour, and had a generosity cord, the prisoner, and those that are con- more applicable at that time to bis fortune and cerned in him, can have no record to resort to his ends. And it was thought by many who either, 1. To demand a Writ of Error in case stood within view, that for some years he sup of erroneous judgment. 2. To ground a plea ported himself upon the familiarity, and friendof Auterfois Acquite, in case of new question ship of the other; which continued mutually for the same fact. 3. Or to demand an en- between them very many years, with little inlargement upon acquittal. Or 4. To demand terruption to their death. He was a very handa writ of conspiracy, against such as have com- some man, of a lovely and winning presence, bined to betray the life of an innocent man. and gentle conversation; by which he got so Whereby it follows, That this prodigious Court easy an admission into the court, and grace of hath power only to condemn and execute; not king James, that he gave over the thought of to acquit and give enlargement, contrary to further intending the life of a soldier. He took the nature of all Courts of Judicature, and of all the ways he could to endear himself to the justice itself: it is therefore a mere Slaughter- duke, and to his confidence, and wisely dehouse to commit free-state murders in, with-clined the receiving any grace or favour, but as out, nay against law and justice and not a Court of Judicature; to condemn the nocent, and absolve the innocent. And the judges of this court run parallel with their father the Devil; who is ever the minister of God's wrath and fury, never of his mercy." In another place (p. 14), be calls it "the second engine appointed to root out all such as are of a different party [from that of Cromwell]-a for

:

his donation; above all, avoided the suspicion that the king had any kindness for him, upon any account but of the duke, whose creature he desired to be esteemed, though the earl of Carlisle's friend. And he prospered so well in that pretence, that the king scarce made more haste to advance the duke, than the duke did to promote the other.-He first preferred him to a wife, the daughter and heir of Cope, by

Neot's; The earl of Norwich, lord Capel, lord | Loughborough, sir George Lisle, sir Charles Lucas, and others, threw themselves into Colchester, where they were besieged, and suffered extreme hardships. Many details of the history of this siege are to be found in Rushworth and Whitelocke, the former of whom gives the following Account of the final events of it. It will be seen, that questions arose out of the grant of Quarter, for which reason the Articles of Surrender are here inserted.

Aug. 25th, 1648. From the Leagure before Colchester we understood of some Overtures made yesterday by Goring and the rest for the Surrender of the town; but not accepted of, as you may see by the Papers following:

march with their swords only. That all persons whatsoever, included in these Articles, shall have passes to go into their several countries and places of abode; and to be free from all violence and plunder in their march.-That all included in these Articles, who shall desire it, shall have passes granted them freely to pass beyond the seas within a month after their marching out, they only engaging themselves in mean time to act nothing prejudicial to the parliament now sitting at Westminster. That all private soldiers shall be provided for in their passage, for Free-Quarter in their march homewards, lying but one night in a place. That convenient provision be made for all hurt and sick soldiers who shall be left in Colchester, untill they be recovered, and then passes to be given them, as before-mentioned, according to their several qualities.-That all the inhabitants of this town of Colchester be free, both in goods and persons, from any violence, without distinction. That all persons who have been taken prisoners on either side, shall have the benefit of these articles.

The General's Answer.

When I looked upon your condition to be far better than now it is, I then offered such terms as were thought suitable to your condition; but you now being in a worse posture, both in relation to yourselves within, and in relation to any expectance of relief from without, it is not to be expected from me, that your • Conditions should be better: Wherefore I am 'still resolved not to grant any such terms as ' are now demanded by you. Your Lordships 'Servant, THO. FAIRFAX.'

Aug. 14. 1648.

enemy to send out so hastily to treat upon terins of mercy; for they said, That their pri vate soldiers amongst themselves had agreed to deliver them up.-The last night the officers did give the soldiers sack, burnt claret, raisins, prunes, and good words, for to join with them to break torough; they prepared poles and boards to break over North Bridge, which way they did intend to escape; and when they were all drawn out into the town, the soldiers did agree amongst themselves, that they would not condescend to their going out, for they knew then they would break through themselves, and leave the soldiers to the mercy of our soldiers; and some of the soldiers got to the gates, and said, That they would kill their Officers if they offered to stir out.' In this high distemper of mutiny the enemy now are, and we doubt not of conclusion concerning the Surrender of the town to-morrow, which we hope to have upon Monday next, or Tuesday at farthest."

Farther thus," You may add the Surrender of Colchester; the business is as good as done; the three generals have, by a Letter under their bands, submitted themselves, with all the officers and soldiers, to mercy; our Commit tee are come to the General safe; sir William Compton, sir Abraham Shipman, col. Hammon, col. Tuke, and col. Ayloffe, came out to treat about circumstances; 300 of our soldiers

are in the town."

Colchester, 27 Aug. 1648.

August 28. From Colchester, by an express to the Speaker of the House of Com mons, came as followeth,

"Sir; the last night, about ten o'clock, the August 26. From the Leagure before Col- Articles were signed by the Commissioners on chester came farther, "That this day about both sides, which were to this purpose: That twelve of the clock, the Enemy sent out a all horse with furniture should be delivered this drum, with Mr. Bernardiston, one of our Com- day by ten o'clock: That all private soldiers mittee, and col. Tuke, one of their party; see- and officers, under captains, shall bave fair ing no hope to treat upon the Articles, they quarter, and render themselves prisoners: sent out to desire to treat upon what was of That the lords, and all superior officers and fered formerly by his Excellency, viz. Concern- gentlemen be drawn together in the King'sing the explanation of the words, 'To submit Head Inn, with their cloaths and baggage, by to mercy; How far that mercy might ex-cleven o'clock, and there to render themselves tend; and concerning the inferior officers and to the mercy of the Lord General: That the soldiers, and townsmen. His Excellency call- enemies guards be drawn off, and the guards ed a very full Council of War, and upon de-of this army appointed in their stead: That all bate it was resolved: That in regard the in'ferior officers and soldiers had slipt their opportunity, that now they should have only 'fair quarter: and that a Treaty be admitted, provided the Committee under restraint be forthwith released, upon circumstances necessary for clearing, and orderly performance of the fair quarter now offered; Also, to treat as to the securing the town from plunder, &c. And that the lords, general officers, and captains &c. be rendered up to mercy.This night about eight, col. Tuke returned with an Answer in substance as before; and all the whole Council of War sate this afternoon; the private soldiers on both sides held a Treaty amongst themselves; and this occasioned the

ordnances, ammunition, waggons, &c. be delivered to the comptroller: That the sick and wounded be provided for with accommodation, until recovered. And this afternoon col. Rainsborough's regiment, and another regiment, entered the town, and accordingly the Articles in all things else performed; you will very suddenly receive an account from his Excellency, of the particulars of this business; as also a List of what persons of quality, officers and commanders, are at mercy; the number of ordnance, arms, and quantity of ammunition. This morning we rode round about the wall of the town, and find it to be a very strong place in all parts of it; where it was weakest there they made strong works, and strengthened if

ing upon horses and dogs; many glad to eat the very draught and grains for preservation of life. I remain your humble servant Colchester, Aug. 23, 1618. J. RUSHWORTH.

August 29. We had farther from Colchester, "That the town was surrendered yesterday according to the Articles, all prisoners at mercy: the town preserved from plunder, paying 14,000. That afternoon a council of war was called, at which it was resolved, That sir Charles Lucas, sir George Lisle, and sir Ber

At

with earth; it was a sad spectacle to see so nard Gascoigne, a Papist, should be shot to many fair houses burnt to ashes, and so many death: the two first were, the third respited ; inhabitants made so sickly and weak, with liv-sir Charles Lucas urged it much, that the way taken with him was without precedent; but this was sufficiently answered, and a soldier told him, how he had put some of ours to death in cold blood with his own hand. first he seemed much dismayed, but took somewhat better courage before he died. Sir George Lisle and sir Bernard Gascoigne, after much expostulation and discourse, first with the General's chaplain, who did not like the otier of auricular confession, conferred with the lord Goring's chaplain."--Sir Bernard Gascoigne had then unexpectedly a reprieve very indifcreat to him. The Council of War had considered, that if they should in this manner have taken the life of a foreigner, who seemed to be a person of quality, their friends or children who should visit Italy, might pay dear for many generations; and therefore they commanded the officer, when the other two should be dead, to carry him back again to the other prisoners.'

"Sir Bernard Gascoigne was a gentleman of Florence; and had served the king in the War, and afterwards remained in London till the unhappy adventure of Colchester, and then accompanied his friends thither; and had only English enough to make himself understood, that he desired a pen and ink and paper, that he might write a letter to his prince the Great Duke, that his highness might know in what manner he lost his life, to the end his heirs might possess his estate. The officer that attended the execution thought fit to acquaint the General and Council, without which he durst not allow him pen and ink, which he thought he might reasonably demand: When they were informed of it, they thought it a matter worthy some consideration; they had chosen him out of the list for his quality, conceiving him to be an English gentleman; and preferred him for being a knight, that they might sacrifice three of that rank.-This delay brought the news of this bloody resolution to the Prisoners in the town; who were infinitely afflicted with it; and the lord Capel prevailed with an officer or soldier, of their guard, to carry a letter, signed by the chief persons and officers, and in the name of the rest, to the General; in which they took notice of that judgment, and desired him either to forbear the execution of it, or that they might all, who were equally guilty with those three, un'dergo the same sentence with them. The letter was delivered, but had no other effect than the sending to the officer to dispatch his Order, reserving the Italian to the last. Charles Lucas was their first work, who fell dead; upon which sir George Lisle ran to him, embraced him, and kissed him; and then stood up, and looked those who were to execute him in the face; and, thinking they stood at too great a distance, spake to them to come nearer; to which one of them said, 'I'll warrant you, sir, we'll hit you?' he answered smiling, Friends, I have been nearer you, when you 'have missed me.' Thereupon, they all fired upon him, and did their work home, so that he fell down dead of many wounds without speaking a word. Sir Bernard Gascoigne had his doublet off, and expected the next turn; but the officer told him he had order to carry him back to his friends;' which at that time was

VOL. IV.

Sr

The two who were thus murdered, were men of great name aud esteem in the War; the one being held as good a commander of horse, and the other of foot, as the nation had; but of very different tempers and humours. Lucas was the younger brother of the lord Lucas, and his heir both to the honour and estate, and had a present fortune of his own. He had been bred in the Low Countries under the prince of Orange, and always amongst the horse. He had little conversation in that court, where great civility was practised, and learned. He was very brave in his person, and in a day of battle a gallant man to look upon, and follow; but at all other times and places, of a nature scarce to be lived with, of no good understanding, of a rough and proud humour, and very morose conversation; yet they all desired to accompany him in his death. Lisle was a gentleman who had had the same education with the other, and at the same time an officer of foot; had all the courage of the other, and led his men to a battle with such an alacrity, that no man was ever better followed, his soldiers never forsaking him; and the party which he commanded, never left any thing undone which he led them upon. But then, to his torceness of courage he had the softest and most gentle nature imaginable; was kind to all, and beloved of all, and without a capacity to have an enemy.The manner of taking the lives of these worthy men was new, and without example, and cocluded by most men to be very barbarous; and was generally imputed to Ireton, who swayed the General, and was upon all occasions of an unmerciful and bloody nature. this bloody sacrifice was ended, Fairfax, with the chief officers, went to the town house to visit the prisoners; and the General (who was an ill orator on the most plausible occasion) applied with his civility to the earl of Norwich, and the lord Copel; and, seeming in some de

4 H

As soon as

sent him from the Lord General; by virtue whereof he was set at liberty, and continues to this day at the Court at Whitehall.*

Aug. 31. A letter was brought to both Houses from his excellency, with a List of the Prisoners of Colchester, by Mr. Gilbert Mabbor, agent for his Excellency; and the House spent some time in debate, concerning col. Farr, lieut. col. to the earl of Warwick, who engaged 1,000 of the Essex trained-bands to join with the enemy: The House ordered hereupon, "That it should be left to his Excellency the lord general, to execute the said col. Farrt in such manner as sir Charles Lucas and sir George Lisle."

The express this day from his Excellency the lord Fairfax to both Houses, of the Surrender of Colchester, was as followeth ;

For the Right Honourable, Edward Ead of
Manchester, Speaker of the House of
Peers: pro tempore.

"My Lord; I have herewith sent you the Articles, with the Explanations annexed; upon which it hath pleased God in his best time to deliver the Town of Colchester, and the enemy therein, into our hands, without farther bloodshed; saving that, for some satisfaction to military justice, and in part of avenge for the innocent blood they have caused to be

spilt, and the trouble, damage, and mischief,
they have brought upon the town, this country,
and the kingdom; I have, with the advice of
a Council of War of the chief officers, both
of the country forces and the army, caused
two of them who were rendered at mercy, to
be shot to death before any of them had
quarter assured them. The persons pitched
upon for this example were, sir Charles Lucas
and sir George Lisle; in whose military exe-
cution, I hope your lordships will not find
cause to think your honour or justice preju
diced. As for the lord Goring, lord Capel,
and the rest of the persons rendered to mercy,
and now assured of quarter, of whose names
I have sent your lordships a particular List ; {
do hereby render unto the Parliament's judg
inent, for farther public justice and mercy t
be used, as you shall see cause. I desire God
may have the glory of his multiplied mercies
towards you
and the kingdom in this kind:
and in the condition of instruments as to the
service here, the Officers and Soldiers of Essex
and Suffolk, who in this time of so dangerous
defection have adhered constant to yours and
the kingdom's interest, for their faithful de-
meanor, and patient indurance, in the hardship
of this service, are not to be forgotten. Your
lordship's most humble servant,

gree to excuse the having done that, which he Ireton, to whom Cromwell, in his absence. said the military justice required,' he told had consigned over the government of the them, that all the lives of the rest were safe; passive general, seized sir Charles Lucas and and that they should be well treated, and dis- sir George Lisle, and resolved to make them 'posed of as the Parliament should direct.' instant sacrifices to military justice. This unThe lord Capel had not so soon digested this usual piece of severity was loudly exclaimed so late barbarous proceeding, as to receive the against by all the prisoners. Lord Capel, fearVisit of those who caused it, with such a return less of danger, reproached Ireton with it; and as his condition might have prompted to him; challenged him, as they were all engaged in the but said, that they should do well to finish saine honourable cause, to exercise the sank their work, and execute the same rigor to the impartial vengeance on all of them. Lucas rest;' upon which there were two or three such was first shot, and he gave, himself, orders to sharp and bitter replies between him and Ire- fire, with the same alacrity, as if he had com ton, that cost him his life in a few mouths after. manded a platoon of his own soldiers. Lis When the General had given notice to the par- instantly ran and kissed the dead body, and lament of his proceedings, he received order then chearfully presented himself to a like fate. to send the earl of Norwich and the lord Ca- Thinking that the soldiers, destined for his exe pel to Windsor Castle; where they had after-cution, stood at too great a distance, be called wards the society of duke Hamilton, to lament to them to come nearer: one of them reeach others misfortunes; and after some time plied, I'll warrant you, Sir, we'll hit you?" ie they two were sent the Tower." Clarendon. answered smiling, Friends, I have bee "The siege of Colchester terminated in a nearer you when you have missed me.' T manner no less unfortunate than Hamilton's perished this generous spirit, not less beloves engagement, for the royal cause. After suffer- for his modesty and humanity, than esteemed ing the utmost extremity of famine, after feed- for his courage and military conduct. Soos ing on the vilest aliments; the garrison de- after, a gentleman, appearing in the King's sired at last, to capitulate. Fairfax required presence, clothed in mourning for sir Cha..es them to surrender at mercy; and he gave such Lucas; that humane prince, suddenly recu an explanation of these terms, as to reserve to lecting the hard fate of his friends, paid ther himself power, if he pleased, to put them all a tribute, which none of his own unparal elet instantly to the sword. The officers endea- misfortunes ever extorted from him: be de voured, though in vain, to persuade the soldiers solved into a flood of tears." Hume. by making a furious assault, to break through, or at least, to sell their lives as dear as possible. They were obliged to accept of the conalitions offered; and Fairfax, ustigated by

† Yet from a subsequent passage in Rushworth, it seems doubtful whether he were 18 executed.