Feb. 22. The earl of Cambridge, brought | and persuaded the king to go from the parliabefore the High Court, produced his Witnesses, some of whom were disallowed, being officers under him, and so participes criminis. Feb. 22. He pleaded, That he had not broken the Negative Oath; for he had not engaged against the parliament, but for the ends in the Scots declaration. His Counsel moved, That they might, with the Counsel of the Commonwealth, state the case of the Earl; but this was denied, being in case of Treason, and that the Earl's Counsel could only declare their opinions in point of law. Upon the Earl's desire, he had further time granted him. Feb. 23. The Earl of Holland being extreme ill, as was deposed by his physician, was appointed a further day to be brought before the High Court. Feb. 26. The Counsel of the earl of Cambridge were heard before the High Court of Justice, they pleaded, That the Earl was no free denizen, and though his father was naturalized, and his heirs, yet he not being born in the kingdom, could receive no benefit thereof. That if he had been a free denizen; yet it was not prejudicial to him, because he acted by command and authority of the parliament of another nation, and not of himself, who was governed by another distinct law. The Earl pleaded the Articles given him by major general Lambert, who had power to do it and secured him, by a party of his forces; that he was ordered to be banished by parliament, paying 100,000l. for his delinquency. Feb. 27. The earl of Holland was brought to the High Court, and the Charge of High Treason read against him, and aggravated by the Solicitor General, That the Earl was an eminent courtier, and probably did ill offices, ment, and went afterwards himself to Oxford. The Earl pleaded, That his fact was not capital, but Criminal, that he had quarter given him, when he was taken at St. Needs, and that both houses had past an Order since for his ba nishment; the which excused the aggravations, especially in his last action. March 1. Upon a Petition of the countess of Holland to the High Couft, and proof of the Earl's being very sick, the Court gave him further time to answer. March 3. The Earl of Holland before the done before, of Free Quarter given him, and High Court pleaded the same Plea he had Witnesses were examined on both sides; he desired Counsel, but it was denied. The earl of Cambridge made an additional defence, not much varying from what he had the Common-Wealth did speak five or six said before; in answer whereunto, the Counsel hours. March 6. The earl of Cambridge brought before the High Court, and asked what he had nounced against him, spake to the same effect further to say, why Sentence should not be proas formerly. The earl of Holland and lord Goring exte rash, not much hurtful, &c. nuated what they could their offences, as being formerly said, and further observed an OrdiThe lord Capel briefly repeated what he had nance of Parliament, That Quarter should not 'be given to Irish Rebels for life,' which im plied, that quarter given to others, should be inviolable for life. Sir John Owen pleaded quarter. by mobs of armed and tumultuous persons. 4. That when the King signed the commission for giving the royal assent to the Bill, he did it with exceeding great sorrow, and it was ever remembered by him with inexpressible grief of heart; and out of his majesty's great piety he did publicly express it, when his own sacred The President in his Scarlet robes spake life was taken away by the most detestable traitors that ever were.' For all which causes many hours, in answer to the several pleas of the Act of Attainder is repealed, revoked, the Prisoners, and at last Sentence was given and reversed." See vol. 3, p. 1527. See in against them all, that their heads should be sethe 10th vol. of Grey's Debates, p. 206, a de-vered from their bodies, yet with relation to bate in the year 1691, in which Mr. Solicitor- the mercy of parliament. General Somers says, The power of impeachment ought to be, like Goliah's sword, kept in the Temple, and ought not to be used but on great occasions. The security of your constitation is lost, when you lose this power. The statute of 25 Edward 3. did foresee that inen would be above the law, and, I believe, did not take away those that were treasons at the common law. Seductio Regis' can be punished no otherwise than in Parliament." 5 Cobb. Parl. Hist. 677. 66 March 7. The earl of Warwick, and the countess of Holland, presented a Petition to the House of Commons for the life of the earl of Holland, and divers ladies for the others, against whom the High Court had pronounced sen tence of Death. After some hours debate upon these Petitions, the House resolved upou the question, not to proceed any further upon these Petitious, but to leave them to the Justice of the Court that sentenced them. Then the Ladies Petitioned the High Court, who only reprieved the Execution for two days. ring should be reprieved; this one vote was the Speaker, who carried the House being equally divided 24 of each part; and he said he did it, because he had formerly received some civilities from the lord Goring, and his single Vote Then he made a short Prayer, Dr. Sibbalds kneeling with him, and being risen, he cast off sattin March 8. The House of Commons ordered, his cloak and doublet, put on a little white "That the lord Capel should not be reprieved." him ten pounds, a little after he spake a while cap, forgave the Executioner, and gave And carried by one vote, That the lord Go-in private with his servants, and again made a short prayer. His countenance was cheerful, and all the time of his being on the Scaffold, there appeared in him no fear, disorder, change his leave of Dr. Sibbalds, imbracing him; and of of countenance, or discomposure. He took Mr. Lewys his secretary.-He laid down his his servants, whom he commended, particularly head upon the Block, and after a short Prayer he gave the signal, by stretching out his hand, now saved his life. The House was divided upon the question, Whether the earl of Holland should be reprieved or not, and the Speaker gave his voice against hini.* The Resolution touching duke Hamilton's Reprieve past in the Negative, and for sir John Owen in the affirmative, and these Votes ordered to be sent to the High Court of Justice. March 9. The earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster, and after some discourse with Dr. Sibbalds a minister that came with him, he turned to the people, and seeing them so great a multitude, he said his voice would not serve for them to hear him, and therefore directed his Speech to those upon the Scaffold with him. He confessed" his Religion to be according to that of the kirk of Scotland, that he had ever been loyal to the late king, and wished well to Lis posterity, and that none more desired the peace and happiness of this and other kingdoms than himself. That his coming into England with the late Army, was out of no treasonable or ill intent, but for the ends contained in the Scots Declaration, and what he did, was as a servant to that parliament and kingdom. That in that imployment, next to the settling of Religion, the establishing the King was his greatest aim: and he wished his blood, in order to the kingdom, might be the last that should be spilt. That if he would have confessed who invited the Scots army into England, it would probably have saved his life." "Thus," says Whitlocke, "the lord Goring, who had been no friend to the religious party, was saved, and the earl of Holland, who had been a most civil person to all, and a very great friend to the Old Puritans, and protected them in the time of his greatest interest, by the same single Vote lost his life. This may be a caution to us against the affectation of popularity, when you see the issue of it in this noble gentleman, who was as full of generosity and courtship to all sorts of persons, and readiness to help the oppressed, and to stand for the rights of the people, as any person of his quality in this nation. Yet this person was by the representatives of the people, given up to execution for Treason; and another Lord, who never made profession of being a friend to liberty, either civil or spiritual, and exceeded the Earl as much in his crimes, as he came short of him in his popularity, the life of this lord was spared by the people." VOL. IV. and the Executioner struck off his head at one blow; which was wrapped in a red sarcenet scarf, and with his body put into the coffin and carried away. Next came upon the Scaffold the earl of Holland, who was accompanied by Mr. Hodges, and Mr. Bolton, ministers, divers of his servants Hodges, a person of eminent parts and piety, and other gentlemen with him: from Mr. and who it is believed would not teil an untruth, was this relation: That between the time of his Sentence and Execution, he only lay in the Earl's bed-chamber, to discourse with him, and to comfort him, being admitted and desired by him to that freedom, when he would not see his lady, nor any of his children, which he said would add too much to his sorrow, and discompose his thoughts, which were now to be set only upon another world. That the Earl for several days after his Sentence, was in great perplexity and agony of his thoughts, and said, he had not assurance of Pardon of his sins, and of the love of God to him, that he was not prepared to die, that Christ would not be advantage to him.' Mr. Hodges endeavoured to allay these doubtings, and to comfort the Earl with declaring to him the infiniteness of God's mercies, and his willingness to pardon all poor sinners that come to him through Christ, that never any who sought the love of God in Christ with a true faith in Christ did ever fail to obtain the assurance of it to his distressed soul.' The Earl desired Mr. Hodges to pray with him, to seek God for this mercy, which Mr. Hodges did; and upon this subject, with as earnest a seeking of the Lord, for it, as he could express; and the Earl himself frequently prayed to the same effect, and with wonderful fervency of expression. That still the Earl continued in a desponding condition, till the day before his suffering, when immediately after Prayer, the Farl with rejoicing, told Mr. Hodges, that God had heard their prayers, and his Spirit was come in to comfort him, that he had prevailed, through the strength of Christ, over Satan and all his spiritual enemies, and all temptations, that the Lord had given into him an assurance of his love in Christ; and that now he was both ready and willing to die.'-Mr. Hodges was much joyed at this, and they went to Prayer 4 1 together, to bless God for this great mercy, and to beg the continuance of this frame of Spirit to the last, and God heard them in this also. The Earl, who had not slept several nights before, nor eat his meat, now supped, and went to bed, with no more disturbance in his spirits, than in his best health, and slept so soundly all the night and this morning that they were much troubled to awaken him. He went to the Scaffold without being any whit daunted, and after some discourse with the gentlemen, he showed himself to the people, who were generally moved with sorrow, for the suffering of so gallant a person, whose mien and 'comeliness would move compassion. He directed his Speech to the people at the front of the Scaffold towards WestminsterHall, made a large profession of his Religion as a Protestant, mentioned his Birth and Education, excused his going to the King from the Parliament, and return to the Parliament again, and extenuated his late Insurrection. After he had ended his Speech, he turned to the other side of the Scaffold and kneeled down to his private Prayers, after which he had conference with Mr. Hodges and Mr. Bolton. Then he pulled off his gown and doublet, having on him a white sattin waistcoat, and put on a white sattin cap, and prepared himself for the block, took his leave and embraced with much affection Mr. Hodges, Mr. Bolton, his servants, and others, forgave the Exccutioner, and gave him money ten pounds in gold. Then he laid himself down on the block, prayed a while, and gave the sign by stretching forth his arms, upon which the executioner severed his head from his shoulders at one blow, which with his body was presently put into a coffin, and carried away. Next was my lord Capel brought to the scaffold, much after the manner of a stout Roman he had no minister with him, nor shewed any sense of death approaching, but carried himself all the time he was upon the Scaffold, with that boldness and resolution as was to be admired. He wore a sad coloured suit, his hat cocked up, and his cloak thrown under one arm; he looked towards the people at his first coming up and put off his hat in manner of a salute, he had a little discourse with some gentlemen upon the Scaffold, and passed up and down in a careless posture. : He went to the front of the Scaffold and leaning over, made a Speech to the people, he said, He died a Protestant according to the Religion professed in the 39 Articles, the best he knew of. That he was condemned for keeping the fifth Commandment written by God's own finger, which commanded to obey ma'gistrates; and he died for obeying his King, 'the most religious of all princes; and his son prince Charles, who he said, was king, and the rest of the king's children heirs to the 'crown.' He concluded with a desire to the people to pray for him, and after a short discourse with some on the Scaffold, he spake once or twice to the Executioner, and gave him money, then he put off his cloak and doublet with much confidence, and put on a white cap, took leave briefly of the gentlemen on the scaffold, and prepared for the block. Where laying himself down, with hands and eyes lifted up, he prayed a while, after that, fitting himself to the block, upon the signal of stretching forth his right hand, the Execu tioner severed his head from his body at one blow, which were coffined up and carried away. May 7th, upon the Petitions of Lord Goring and C. Owen, there were orders for their pardon and enlargement. The following Account of the Execution of the Earl of Holland and Lord Capel * is taken from "Heath's English Martyrs." The Earl of Holland's Speech on the Scaffold, immediately before his Death, March 9, 1649. Holland. It is to no purpose (I think) to speak any thing here. Which way must I speak? And then being directed to the front of the Scaffold, he (leaning over the rails) said; I think it is fit to say something, since God hath called me to this place. The first thing which I must profess, is, what concerns my religion, and my breeding, which hath been in a good family, that hath ever been faithful to the true Protestant Religion, in the which [ have been bred, in the which I have lived, and in the which, by God's grace and mercy, I shall die.. I have not lived according to that education I had in that family where I was born and bred. I hope God will forgive me my sins, since I conceive it is very much his pleasure to bring me to this place, for the sins that I have committed. The cause that hath brought me hither, I believe, by many hath been much mistaken. They have conceived, that I have had ill designs to the state, and to the kingdom; truly I look upon it as a judgment, and a just judgment of God, not but I have offended so much the state, and the kingdom, and the parliament, as that I have had no extreme vanity in serving them very extraordinarily. For those actions that I have done, I think it is known they have been ever very faithful to the public, and very particularly to parliaments. My affections have been ever expressed truly and clearly to them. The dispositions of affairs now have put things in another posture than they were when I was engaged with the parliament. I have never gone off from those principles that ever I have professed; I have lived in them, and by God's grace will die in them. There may be alterations and changes that may carry them further than I thought reasonable, and, truly there I * The talents and virtues of lord Capel were such as to render it highly probable, that a dread of their influence precluded him from mercy. For the death of lord Capel's son, the earl of Essex, see the Case of Braddon and Speke, A. D. 1684, post. left them but there bath been nothing that I have said, or done, or professed, either by covenant or declaration, which hath not been very constant and very clear, upon the principles that I ever have gone upon; which was to serve the king, the parliament, religion (I should have said in the first place) the commonwealth, and to seek the peace of the kingdom; that made me think it no improper time, being pressed out by accidents and circumstances, to seek the peace of the kingdom, which I thought was proper, since there was something then in agitation, but nothing agreed on, for sending Propositions to the king, that was the furthest aim that I had, and truly beyond that I had no intention, none at all. And God be praised, although my blood comes to be shed here, there was I think scarce a drop of blood shed in that action that I was engaged in. For the present affairs as they are, I cannot tell how to judge of them; and truly they are in such a condition, as (I conceive) no body can make a judgment of them, and therefore I must make use of prayers, rather than of my opinion; which are, That God would bless this kingdom, this nation, this state; that he would settle it in a way agreeable to what this kingdom hath been happily governed under; by a king, by the lords, by the commons; a government that I conceive it hath flourished much under, and I pray God the change of it bring not rather a prejudice, a disorder, and a confusion, than the contrary. I look upon the posterity of the king, and truly my conscience directs me to it, to desire, that if God be pleased, that these people may look upon them with that affection that they owe, that they may be called in again, and they may be, not through blood nor through disorder, admitted again into that power, and to that glory, that God in their birth intended to them. I shall pray with all my soul for the happiness of this state, of this nation, that the blood which is here spilt, may even be the last that inay full among us; and truly I should lay down my life with as much cheerfulness as ever person did, if I conceived that there would be no more blood follow us; for a state of affairs that are built upon blood, is a foundation for the most part that doth not prosper. -After the blessing that I give to the nation, to the kingdom, and truly to the parliament, I do wish with all my heart, happiness and a blessing to all those that have been authors in this business; and truly, that have been authors in this very work that bringeth us hither: I do not only forgive them, but I pray heartily and really for them, as God will forgive my sins, so I desire God may forgive them. I have a particular relation, as I am Chancellor of Cambridge, and truly I must here, since it is the last of my prayers, pray to God that that university may go on in that happy way which it is in, that God may make it a nursery to plant those persons that may be distributed to the kingdom, that the souls of the people may receive a great benefit, and a great advantage by them, and, I hope, God will reward them for their kindness, and their affections that I have found from thein. [Looking towards Mr. Bolton.] I have said what religion I have been bred in, what religion I have been born in, what religion I have practised, I began with it, and I must_end with it. I told you that my actions and my life have not been agreeable to my breeding. I have told you likewise that the family where I was bred, hath been an exemplary family (I may say so, I hope, without vanity) of much affection to religion, and of much faithfulness to this kingdom, and to this state. I have endeavoured to do those actions that became an honest man, and a good Englishman, and which became a good Christian. I have been willing to oblige those that have been in trouble, those that have been in persecution, and truly I find a great reward of it; for I have found their prayers and their kindness now in this distress, and in this condition, and I think it a great rẻward, and I pray God reward them for it. I am a great sinner, and I hope God will be pleased to hear my prayers, to give me faith to trust in him, that as he hath called me to death at this place, he will make it but a passage to an eternal life through Jesus Christ, which I trust to, which I rely upon, and which I expect by the mercy of God. And so I pray God bless you all, and send that you may see this to be the last execution, and the last blood that is likely to be spilt among you. And then turning to the side rail, he prayed for a good space of time; after which, Mr. Bolton said, My lord; now look upon him whom you have trusted. My lord, I hope that here is your last prayer, there will no more prayers remain, but praises; and I hope that after this day is over there will a day begin that shall never have end; and I look upon this, my lord, the morning of it, the morning of that day. My lord, you know where your fulness lies, where your riches lie, where is your only rock to anchor on; you know there is fulness in Christ: If the Lord comes not in with fulness of comfort to you, yet resolve to wait upon him while you live, and to trust in him when you die; and then say, I will die here, I will perish at thy feet, I will be found dead at the feet of Jesus Christ. Certainly, he that came to seek and save lost sinners, will not reject lost sinners when they come to seek him; he that intreateth us to come, will not slight us when we come to intreat him. My lord, there is enough there, and fix your heart there, and fix your eyes there; that eye of faith, and that eye of hope; exercise these graces now, there will be no exercise hereafter. As your lordship said, here take an end of faith, and take an end of hope, and take a farewell of repentance, and all these; and welcome God, and welcome Christ, and welcome glory, and welcome happiness to all eternity; and so it will be an happy passage then, if it be a passage here from misery to happiness. And a prince, very happy toward himself and this kingdom. I have seen and known that those blessed souls in Heaven have passed thither by the gate of sorrow, and many by the gate of violence; and since it is God's pleasure to dispose me this way, I submit my soul to him, with all comfort, and with all hope, that he hath made this my end, and this my conclusion, that though I be low in death, yet nevertheless this lowness shall raise me to the highest glory for ever.-Truly, I have not said much in public to the people, concerning the particular actions that I conceive I have done by my counsels in this kingdom, I conceive they are well known, it were something of vanity, methinks, to take notice of them here. I will rather die with them, with the comfort of them in my own bosom, and that I never intended in this action, or any action that ever I did in my life, either malice, or bloodshed, or prejudice to any creature that lives. For that which concerns my religion, I made my profession before of it, how I was bred, and in what manner I was bred, in a family that was looked upon to be no little notorious in opposition to some liberties they have conceived then to be taken; and truly, there was some mark upon me, as if I had some taint of it, even throughout my whole ways that I have taken: every body knows what my affections have been to many that have suffered, to many that have been in trʊu though it be but a sad way, yet, if it will bring you into the presence of joy, although it be a valley of tears, although it be a shadow of death, yet if God will please to bring you, and make it a passage to that happiness, welcome Lord. And I doubt not, but God will give you an heart to taste some sweetness and love in this bitter potion, and to see something of mercy and goodness to you, and shew you some sign and token of good, so that your soul may see that which we have bad already experience of (blessed be God for it) many experiences, many expressions, not only in words, nor tears; God hath not left us without much comfort and evidence, and I hope, my lord, you that have given so many evidences to us, I hope you want none yourself, but that the Lord will be pleased to support you, and bear up your spirit, and if there want evidence, there is reliance, my security lies not in my knowing that I shall come to Heaven, and come to glory, but in my resting and relying upon him; when the anchor of faith is thrown out, there may be shakings and tossings, but there is safety; nothing shall interrupt safety, although something may interrupt security: my safety is sure, although I apprehend it not: and what if I go to God in the dark? What if I come to him, as Nicodemus did, staggering in the night? It is a night of trouble, a night of darkness, tho' I come trembling and staggering in this night, yet I shall be sure to find comfort and fixed-bles in this kingdom, I endeavoured to relieve ness in him. And the Lord of Heaven be the strength, stay, and support of your soul, and the Lord furnish you with all those graces which may carry you into the bosom of the Lord Jesus, that when you expire this life, you may be able to expire it into bim, in whom you may begin to live to all eternity; and that is my humble prayer. Holland. Mr Bolton, God hath given me long time in this world; he hath carried me through many great accidents of fortune, he hath at last brought me down into a condition, where I find myself brought to an end, for a disaffection to his state, to this parliament, that, as I said before, I did believe nobody in the world more unlikely to have expected to suffer for that cause; I look upon it as a great judgment of God for my sins. And truly, sir, since that the death is violent, I am the less troubled with it, because of those violent deaths that I have seen before; principally my Sa. viour, that hath shewed us the way, how, and in what manuer he hath done it, and for what cause, I am the more comforted, I am the more rejoiced. It is not long since the king my master passed in the same manner; and truly I hope that his purposes and intentions were such, as a man may not be ashamed, not only to follow him in the way that was taken with him, but likewi e not ashamed of his purposes, if God had given him life. I have often disputed with him concerning many things of this kind, and I conceive his sufferings, and his better knowledge, and better understanding (if God had spared him life) might have made him them, I endeavoured to oblige them, I thought I was tied so by my conscience, I thought it by my charity, and truly, very much by my breeding; God hath now brought me to the last instant of my time, all that I can say, and all that I can adhere unto, is this, That as I am a great sinner, so I have a great Saviour: that as he hath given me here a fortune to come publicly in a shew of shame in the way of this suffering (truly I understand it not to be so) I understand it to be a glory; aglory, when I consider who hath gone before me, and a glory, when I consider I had no end in it, but what I conceive to be the service of God, the king, and the kingdom, and therefore iny heart is not charged much with any thing in that particular, since I conceive God will accept of the intention, whatsoever the action seems to be. I am going to die, and the Lord receive my soul; I have no reliance, but upon Christ: For myself, I do acknowledge, that I am the unworthiest of sinners, my life hath teen a vanity, and a continued sin, and God may justly bring me to this end, for the sins I have committed against him, and were there nothing else but the iniquities that I have committed in the way of my life, I look upon this as a great justice of God, to bring me to this suffering, and to bring me to this punishment; and those hands that have been most active in it, if any such there hath been; I pray God forgive them; I pray God there may not be many such trophies of their victories, but that this may be (as I said before) the last shew that this people shall see, of the blood of per |