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. 1619. [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 carl 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."

+"The earl of Holland was a younger son of a noble house, and of a very fruitful bed, which divided a numerous issue between two great fathers: the eldest, many sons and daughters to the lord Rich; the younger, of both sexes, to Mountjoy earl of Devonshire. The reputation of his family gave him no great advantage in the world, though his eldest brother was earl of Warwick, and owner of a great fortune; and his younger earl of Newport, of a very plentiful revenue likewise. He, after some time spent in France, betook himself to the war in Holland, which he intended to have made his profession; where, after he had made two or three campaigns, according to the cus tom of the English volunteers, he came in the leisure of the winter to visit his friends in England, and the court, that shined then in the plenty and bounty of king James; and about

Clement Walker gives to the third part of his "History of Independency," the title of "The High Court of Justice, or Cromwell's New Slaughter-House in England, with the Authority that constituted and ordained it, Arraigned, Convicted, and Condemned, for Usurpation, Treason, Tyranny, Theft, and Murder." | In that work he examines this Court, with considerable ability and some learning, under the following beads: 1. "By what persons and authority this new erected unprecedented Court is constituted? 2. Of what persons it is constituted? 3. The way and manner of their proceedings? What formalities and laws they observe therein? How suitable to the known laws of the land and the Parliament's Declarations, Protestations, and Covenant, they are? 4. To what end this Court is constituted?"-See also in the second part of the History of Independency, p. 123, "Four true and considerable Positions for the Sitting Members, the new Court of Justice, and new Judges, Sheriffs, Oth-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 his 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 be 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), he 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

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. 1618.

enemy to send out so hastily to treat upon terms of mercy; for they said, That their private soldiers amongst themselves had agreed to deliver them up.-The last night the officers did give the soldiers sack, burnt clarer, raisins, prunes, and good words, for to join with them to break through; 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."

C

Farther thus, "You may add the Surrender of Colchester; the business is as good as done; the three generals have, by a Letter under officers and soldiers, to mercy; our Committheir hands, submitted themselves, with all the tee are come to the General safe; sir William Compton, sir Abraham Shipman, col. Ham mon, col. Tuke, and col. Ayloffe, came out to treat about circumstances; 300 of our soldier 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, shail bave far 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, ly to mercy; How far that mercy might ex- eleven o'clock, and there to render themst Ives 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-ordnances, ammunition, waggons, &c. be deferior officers and soldiers had slipt their op'portunity, 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 fur 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 st themselves; and this occasioned the

... *,

livered to the comptroller: That the sick and wounded be provided for with accommodation, until recovered.-And this afternoon col. Rainsborough's regiment, and anotherr giment, 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, arins, 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 it

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 Mabbot, 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 loid 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 Earl 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 execution, I hope your lordships will not find cause to think your honour or justice prejudiced. 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; I do hereby render unto the Parliament's judg ment, for farther public justice and mercy to be used, as you shall see cause. 1 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 demeanor, and patient indurance, in the hardship of this service, are not to be forgotten. Your lordship's most humble servant,

Hieth, Aug. 29, 1648.

Tuo. FAIRFAX."

grce 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 same bonourable cause, to exercise the same 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 comton, that cost him his life in a few months after. manded a platoon of his own soldiers. Lisle 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 exepel to Windsor Castle; where they had after-cution, stood at too great a distance, he called wards the society of duke Hamilton, to lament each others misfortunes; and after some time they too were sent to the Tower." Clarendon. "The siege of Colchester terminated in a manner no less unfortunate than Hamilton's engagement, for the royal cause. After suffering the utmost extremity of famine, after feeding on the vilest aliments; the garrison desired at last, to capitulate. Fairfax required them to surrender at mercy; and he gave such an explanation of these terms, as to reserve to himself power, if he pleased, to put them all instantly to the sword. The officers endeavoured, though in vain, to persuade the soldiers, by making a furious assault, to break through, or at least, to sell their lives as dear as possibic. They were obliged to accept of the contions offered; and Fairfax, instigated by

6

to them to come nearer: one of them replied, I'll warrant you, Sir, we'll hit you:' be answered smiling, Friends, I have been nearer you when you have missed me.' Thus perished this generous spirit, not less beloved for his modesty and humanity, than esteemed for his courage and military conduct. Soon after, a gentleman, appearing in the King's presence, clothed in mourning for sir Charles Lucas; that humane prince, suddenly recollecting the hard fate of his friends, paid them a tribute, which none of his own unparalleled misfortunes ever extorted from him; he dissolved into a flood of tears." Hume.

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