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334330672851 17 5

ARTHUR LORD CAPELT,

THE PORTRAIT FRO^I THK ORISI^AL BT VANDTC-K, AT THE GROVE.

L I V E S

OF THK

FRIENDS AND CONTEMPORARIES

LORD CHANCELLOR CLARENDON:

ILLUSTRATIVE OF PORTRAITS IN HIS GALLERY.

BY LADY THERESA LEWIS.

" Of all the woes which civil discords bring,
And Rome o'evcome by Roman arms, 1 sing."

Luc an's Phuwlnt., by Ro\VE, b. i.

IN THREE VOLUMES.— VOL. II.

LONDON :

JOHN MUKBAY, ALBEMARLE STREET.

1852.

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PRINTED BY W. CLOWES AND SONS, STAMFORD STREET.

CONTENTS OF VOL. II.

LIFE OF LORD CAPELL.

(CONTINUED.}

CHAPTER IV.

Resignation of Sir R. Greenvil — The King's Instructions respecting the
Prince's Departure for France — The Council resolve to detain him —
Correspondence between the Prince and Sir T. Fairfax — Sir E. Greenvil
resumes the command — The King renews his Instructions respecting
the Prince — Answer of the Council — Jealousies among the Leaders in
the West — Lord Hopton succeeds to the command — The Council decide
that the Prince's person is in danger, and he is removed to Scilly —
Defeat of the Koyalist cause in Cornwall — Its causes — Conduct of Lcrd
Capell - Page 1

CHAPTER V.

Correspondence between the Parliament and the Prince — the Prince
removes to Jersey - - the Queen presses for his removal to Paris —
He sends Lords Capell and Culpepper to the Queen — Lord Digby, M.
de Montreuil, and Mr. Ashburnham, arrive at Paris — Lords Capell and
Culpepper return to Jersey — the Council deliberates, and the Prince
resolves to go to Paris — the Council decline to accompany him — His
Departure — Occupations of the Councillors at Jersey — Lord Capell
leaves the Island - - 27

CHAPTER VI.

a 2

IV CONTENTS OF VOL. II.

and visits the King - • The Prince removes to Holland, and sails from
thence to England — Royalist Movement in Kent and Essex under
Lord Norwich — He posts himself at Colchester - Page 51

CHAPTER VII.

Lord Fairfax advances to Colchester and assaults the place — He is re-
pulsed, and lays Siege to the Town — Lord Norwich seizes a Committee
of Parliament - - The Parliament seize Lord CapelPs Son — The latter
is liberated — Progress of the Siege — Scarcity of Food — Expulsion
of the Women — Mutiny of the Garrison — Lord Norwich treats for

Surrender — Terms of Surrender — The Garrison evacuate the Town,
and become Prisoners of War 67

CHAPTER VIII.

Lord Fairfax enters Colchester - - Sir Charles Lucas and Sir George Lisle
are sentenced to death and shot — Lord Norwich and Lord Capell are
promised fair quarter, and are removed as Prisoners to Windsor Castle

- Measures are taken for attainting Lord Norwich and impeaching Lord
Capell - - Proceedings in Parliament against Lord Capell — The King's
Trial and Execution — Lord Capell's Letter to Cromwell — A High
Court of Justice is appointed for the Trial of Lord Capell and others -
He escapes from the Tower, but is recaptured — His Trial is commenced

- Evidence of Fairfax 88

CHAPTER IX.

Lord Capell's Trial continued — His Defence — He is sentenced to Death —
The final Decision is referred back to Parliament — Debates in Parlia-
ment— Cromwell advises that Mercy should not be shown him — The
Petition in his favour is rejected — Examination of the Justice and
Policy of the Sentence — Its real Motives — Comparison of the Case of
Lord Capell with that of Marshal Ney 114

CHAPTER X.

Dr. Moiiey's account of Lord Capell's last hours - - Lord Capell's last
letters to his Wife — His demeanour on the scaffold — He addresses
the people — He is beheaded — His feeling of loyalty towards the
King — Alleged fondness of the English people for judicial murders —
Conduct of the High Court of Justice in Lord Capell's case 136

CONTENTS OF VOL. II. v

CHAPTER XI.

Epitaphs on Lord Capell — Disposition of Lord CapelFs Heart — Lord
Capell's Contemplations — His Eeflections on the Death of the King
— Verses attributed to him — Lady Capell's subsequent Life —
Children of Lord and Lady Capell — Portraits of Lord Capell Page 166

APPENDIX ____ - - - 190

LIFE OF MARQUIS OF HERTFORD.

CHAPTER I.

Birth and parentage of William Seymour - - He succeeds his grandfather
in the Earldom of Hertford — He is admitted at Magdalen College,
Oxford — He proposes marriage to Lady Arabella Stuart — The Privy
Council take cognizance of the matter — The King gives his consent —
They are secretly married — They are in consequence imprisoned —
They petition the King and the Council, without success — Letter from
Lady Arabella to her husband 283

CHAPTER II.

The King orders the removal of Lady Arabella to Durham — She begins
her journey, and reaches Barnet — She is detained there by ill health —
She escapes from confinement, and attempts to meet her husband —
They embark in different ships — She is recaptured at sea, and is com-
mitted to the Tower - - Mr. Seymour escapes safely to Ostend — Lord
Hertford does not support his grandson against the Court - - 304

CHAPTER III.

Lady Arabella repeatedly petitions the King to release her from Prison —
She becomes insane — The Council instruct Dr. Fulton to visit her —
She dies in the Tower — Reasons of the King's fear of Lady Arabella —
Her descent from Queen Margaret — Her English education — Her
marriage with Seymour, a descendant of Lady Catherine Grey - - Her

VI CONTENTS OF VOL. II.

supposed leaning to Catholicism --The reception of Seymour at the
Court of the Archdukes — Seymour removes to France, but afterwards
is permitted to return to Flanders — After Lady Arabella's death he
petitions for leave to return to England — The permission is granted,
and he returns — He marries Lady Frances Devereux, and succeeds
to the Earldom of Hertford on the death of his grandfather Page 330

CHAPTER IV.

Digression — Edward Earl of Hertford, grandfather of William Seymour,
privately marries Lady Catherine Grey — He goes abroad — She avows
her marriage and pregnancy — She is committed to the Tower, and gives
birth to a son — Lord Hertford returns to England, and is committed to
the Tower — Their marriage is declared null and void by a Special
Commission — She dies in custody — Lord Hertford is forgiven by the
Queen — Legal proceedings in the reign of King James to determine the
legitimacy of Lord Beauchamp — The suit is ultimately decided against
him — His legitimacy is recognised by Letters Patent of Peerage —
Edward Lord Hertford dies — William Seymour is summoned to
the House of Lords under the new creation, and takes his seat accord-
ingly - 358

CHAPTER V.

Lord Hertford attends the Parliament of 1626 — He lives in retirement
until 1640 — In that year he attends Parliament and the Council of
Peers at York — He is appointed one of the Commissioners to treat with
the Scots — The Commissioners meet at Papon — The negotiations
proceed — Impediments to their success — The Commissioners remove to
London 393

CHAPTER VI.

Lord Hertford signs a petition for the assembling of a Parliament — The
Long Parliament meets — Lord Hertford does not support the pro-
ceedings against Strafford — He is one of the Peers who take examina-
tions in Stratford's case — He disapproves of taking StrafTord's life —
Attainder of Strafford — The Treaty with the Scots concluded — Lord
Hertford's Parliamentary acts during the Session of 1641 — He is made
a Privy Councillor - - 406

CONTENTS OF VOL. II. Vll

CHAPTER VII.

Reasons which induced the King to make Lord Hertford a Privy
Councillor — It was a concession to the Parliamentary party - - Relation
of the Privy Council to Parliament in the reign of Charles I. - - The
King attempts to strengthen his Government by adding members
of the popular party to the Privy Council — Explanation of this
policy Pap;e 4l'."i

CHAPTER VIII.

Lord Hertford is appointed Governor to the Prince of Wales, in the place
of the Duke of Newcastle - - Reasons for the appointment — He is created
a Marquis — The King sets out for Scotland — Remonstrances of the
Houses of Parliament against the removal of the Prince from Richmond
to the Queen's residence at Oatlands — Answer of the Queen — The King
is advised by his Ministers to return to England - 430

CHAPTER IX.

The King returns to Theobalds - - He makes a public entry into the City
— The King takes the Prince to Hampton Court - The Parliament re-
monstrate against his removal from the care of Lord Hertford — The
King's answer — The Prince is sent back to Lord Hertford — The
King desires that the Prince should meet him at Greenwich — The
Parliament again remonstrate — Fear of the Prince's removal out of
the Kingdom — Deputation of the two Houses to the King — Lord
Hertford brings the Prince to Greenwich — The King's answer to the
two Houses — Lord Hertford leaves the Prince in the King's custody -
He ceases to co-operate with the popular party 454

CHAPTER X.

The Parliament appoint new Lieutenants of Counties — Lord Hertford is
superseded in the Lieutenancy of Somersetshire — Militia Ordinance —
Proceedings of Parliament in relation to it —The King refuses his
assent to the Bill — The Houses remonstrate — They assume the control
of the Militia without the King's assent — They displace the great
Officers of State — Lord Hertford protests against these measures, and
joins the King at York — Order of the House of Lords upon Lord Hert-
ford - - He explains by Letter to the House the King's intentions re-
specting the custody of the Prince - - - - -474.

VIM CONTEXTS OF VOL. II.

CHAPTER XL

Lord Hertford raises Cavalry for the King — He is appointed by the King
Lieutenant-General of the West — He proceeds to Bath to execute the
Commission of Array — He advances to Wells, and retires thence to
Sberborne — The Earl of Bedford marches to Sherborne — Lord Hertford
sends him a Challenge — An attempt to relieve Sherborne Castle fails
— Lord Hertford capitulates and retreats from Sherborne Castle — He
crosses into Glamorganshire — The Commons impeach Lord Hertford -
Causes of his failure in the West Page 494

LIFE OF LORD CAPELL

(CONTINUED.)

CHAPTER IV.

Resignation of Sir R. Greenvil — The King's Instructions respecting the
Prince's Departure for France — The Council resolve to detain him —
Correspondence between the Prince and Sir T. Fairfax — Sir R. Greenvil
resumes the command — The King renews his Instructions respecting
the Prince — Answer of the Council — Jealousies among the Leaders in
the West — Lord Hopton succeeds to the command — The Council decide
that the Prince's person is in danger, and he is removed to Scilly —
Defeat of the Royalist cause in Cornwall — Its causes — Conduct of Lord
Capell.

THE misconduct of Sir Richard Greenvil again became
a source of annoyance to the Council and of weakness to
the cause : he addressed an insolent letter to the Lords
of the Council, full of complaints, and threw up his
commission of Field Marshal. He had already com-
mitted various acts that showed but too plainly that he
had availed himself of his position rather to serve his own
private interests1 than to fulfil his duty to the sovereign
whose commission he had accepted. Yet, having thrown
up his commission, he afterwards acted upon his own

1 The King had granted him the sequestration of his wife's estate (from
whom he was separated), of all the estates of the Earl of Bedford in De-
vonshire, of Sir Francis Drake, and Lord Roberts' estates in Cornwall.—
Clarendon's Hist, of the Rebellion, vol. v. p. 214.

VOL. II. B

2 LIFE OF LORD CAPELL. CHAP. IV.

authority, raising contributions and imprisoning people
without any other right so to do than his own pleasure.1
Fresh sources of difficulty and embarrassment were
now in store for the Prince's Council. In the be-
ginning of August the King sent for Lord Culpepper
and Sir Edward Hyde to meet him at Brecknock ;2
the latter was prevented by the gout from attend-
ing this summons. Lord Culpepper hastened from
Cornwall (where he then was) to receive the King's
commands, and returned the bearer of a letter to the
Prince3 that gave considerable uneasiness and dissatis-
faction to his Council. It contained a positive direction
that, whenever he should find himself in danger of
falling into the hands of the rebels, he should convey
himself to France, there to be under his mother's
care, who was to have " the absolute full power ' of his
education in all things except religion. The Prince
was at Launceston ; when Lord Culpepper returned and
presented this letter from the King. The Prince gave
the letter again into Lord Culpepper's custody, and
wished him to communicate its contents to the Lords
Capell and Hopton and Sir Edward Hyde. The
feelings and opinions of these four were unanimous.4
They were fully prepared that the Prince should quit
the kingdom in case of need, and were resolved "that,
" rather than he should be taken by the rebels, they
" would carry him into any part of the Christian

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 218. 2 Ibid. 230.

3 Appendix L.

4 It seems they did not venture to impart so important a fact as this letter
either to Lord Berkshire or to Lord Brentford — the former being in the habit
of communicating to those who were dissatisfied with the Prince's council
what passed in council, and the latter being an " ill treasurer of secrets."

CHAP. IV. THE PRINCE'S COUNCIL. 3

" world." Moreover, they immediately ordered a
ship to be henceforth kept in readiness for his escape in
the harbour of Falmouth ; but that which distressed
and embarrassed them wras, " that the King's command
" was so positive for France." To that destination they
felt the strongest objections, and were much confirmed
in this by a letter from the Earl of Norwich to one of
the Council, in which, alluding to a mere report of the
Prince being sent to France, he declared it would be
certain ruin, and intrusted the messenger 2 of his letter
with many reasons in support of that view. After
some anxious deliberation between the three Lords3
and Sir E. Hyde, a letter was agreed upon and imme-
diately addressed to the King, in which they remon-
strated strongly against the intention of sending the
Prince to France, and fully stated the information they
had received respecting that country, and the grounds
of their objections. They expressed a hope that his
Majesty would leave the choice of the Prince's destina-
tion to them, or would suggest some other place that
wrould be free from the objections attached to a residence
in France. They even named Scotland, if the Marquis
of Montrose continued victorious; or Ireland, if the
peace was made there : at the same time they did not
fail earnestly to repeat their assurance that they "would
(( run any hazard, or into any country, before the
" Prince should fall into the hands of the rebels." 4
Between the time when this letter was despatched and
the receipt of the King's answer, events had crowded

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 235.

2 Ch. Murray.— Ibid. p. 235, note 9.
Lords Capell, Hopton, and Culpepper. * Ibid. p. 236.

B 2

4 LIFE OF LORD CAPELL. CHAP. IV.

upon each other that were calculated to check the hopes
of the Koyalist party. Bristol was lost; Montrose
had been defeated by Leslie ; and the Scotch army,
though obliged to abandon the siege of Hereford, had
been allowed to march without molestation back to the
North. The King's answer, addressed to Lord Cul-
pepper, was not received till the middle of October,
though dated Chirk Castle,1 Sept. 29th, 1645. It
contained the repetition of his wishes respecting the
Prince's removal to France expressed in still stronger
terms than before. He declined giving reasons, saying
that Lord Culpepper must, for this time, be content
with results ; and commanded, as of absolute necessity,
" that with the best convenience, the most secrecy, and
" greatest expedition, Prince Charles be transported
" into France, where his mother is to have the sole
" care of him in all things but religion." In a P.S. he
added, " For the way, I leave it to your discretion,
having already with you, as I conceive, as much
power in paper as I can give you. France must be
" the place, not Scotland nor Denmark."

The hopes of the West were not yet absolutely des-
perate; but the Council had already witnessed the
pernicious effect of even a rumour of the Prince leaving
the country,2 and the four counsellors,3 who held con-

1 Appendix M.

* Not only had the Earl of Norwich from Paris earnestly warned the
council that it was " certain ruin to the Prince " to be sent to France,
but they had the opportunity of witnessing the discouragement produced
in the West when reports were maliciously circulated that the Prince was
going to leave them. — Clarendon, vol. v. p. 259.

8 Lords Capei, Hopton, Culpepper, and Sir Edward Hyde.

u
u

CHAP. IV. ORDERS RESPECTING THE PRINCE. 5

saltation on this matter, firmly believed that his prema-
ture departure would at once have been fatal to the
King's cause. They, therefore, unanimously resolved
to abide by the original command, that " the Prince
" was not to be transported out of the King's dominions
" but upon apparent visible necessity in point of
" safety ;" and still reserved to themselves the power
" of deciding both the time and the way when it should
be necessary for this most important move to be
made.2

The report of *' an intent to carry the Prince into
" France" ' had already operated so injuriously on his
cause, that his advisers determined on his repairing to
Exeter as a means of discontinuing this rumour ; it had
been so industriously circulated by Lord Goring, as a
means of throwing discredit on the Prince's Council,
that several gentlemen of the western counties had
determined amongst themselves " to petition the Prince
" to interpose between the King and the Parliament,
" and to send a message to the latter with overtures of
" peace." The Council were strongly impressed with
the impolicy of any such petition being presented. The
grace of an overture from the Prince to the Parliament
was at once destroyed if it appeared, not as a voluntary
act of his own, but as a mere concession to the impor-

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 259.

2 Lord Goring utterly disregarded the King's commands, contained also
in this letter, that he should " break through to Oxford," and join him
wherever he should be with his horse. The Prince expressed his wish
that Lord Goring should obey the orders he had received, but Lord Go-
ring never even communicated with him on the subject. — Ibid. p. 260.

3 Ibid, p. 240. 4 Ibid.

6 LIFE OF LORD CAPELL. CHAP. IV.

tunity of his party, and might easily be construed into
a proof that the zeal of the royalists had somewhat
slackened in these counties. The Council also looked
with some alarm at an attempt to assume the direction
of the Prince's conduct, which was likely to lead to still
further interference, had the petition been followed by
successful overtures for peace, an interference which
would have embarrassed the action of his responsible
advisers without releasing them from their responsibility.1
It was not without considerable difficulty that the
Council succeeded in preventing this petition from being
presented to the Prince ; and it was then resolved that
he should himself address the following letter to Sir
Thomas Fairfax : —

" We have so deep a sense of the present miseries and
calamities of this kingdom, that there is nothing we more
earnestly pray for to Almighty God than that He would be
pleased to restore unto it a happy peace ; and we should think
it a great blessing of God upon us if we might be so happy as
to be an instrument in the advancing of it ; and therefore, we
have resolved to send two of our Council unto the King our
father, with some such overtures as we are hopeful may much
conduce thereunto ; and do hereby desire you to send or pro-
cure from the Lords and Commons assembled in Parliament
at Westminster a safe-conduct for the Lord Hopton and the
Lord Colepepper, with twelve servants, to go to our Royal
father, and to return to us ; and we shall then manifest to the
world our most earnest endeavours to stop this issue of blood,

1 " They would quickly make themselves judges of the matter of it,
" and counsellors of what was to be clone upon it." — Clarendon's Hist, of
the Rebellion, vol. v. p. 241.

CHAP. IV. LETTER OF THE PRINCE. 7

which must otherwise, in a little time, render this unhappy land
yet more miserable.

" Given at our Court at Exeter, this 15th day of September,

1645.

" CHARLES P."

This letter was forwarded by Sir Thomas Fairfax to
the Committee of both Kingdoms, and was read in the
House of Lords, with one from himself,1 in which it
was enclosed, on the 26th of September; it was sent down

1 Sir Thomas Fairfax's letter was as follows : —

" My Lords and Gentlemen, — His Highness the Prince of "Wales sent
" me by his trumpet this enclosed letter, which doth express what he
" desires from both Houses of Parliament. I thought it my duty, by
" your Lordships' means, to acquaint them with it, and not to hinder the
tl hopeful blossom of your young peace-maker (if I may be so bold here
" to term him so) ; which may prove a flower in his title more glorious
" and sweet to us than the rest of his ancestors, if it please the Lord to
" create peace by him. I shall desire to know your Lordships' further
" pleasure in this, which shall be observed by your Lordships' humble

" servant,

" THO. FAIRFAX.
" Bath, Sept. 20, 1645.

" For the Right Honourable the Committee of both Kingdoms, at Da^by
" House, in Chanell Row." — Lords' Journals, vol. vii. p. 600.

Sir Thomas Fairfax's Acknowledgment of the Prince's Letter.

" May it please your Highness, — I shall most willingly acquaint the
" Houses of Parliament with your desires touching a safe-conduct for the
" Lords mentioned in your letter ; and am exceeding glad to perceive in your
" Highness so serious a sense of the evils and miseries of these distressed
" kingdoms, in which, after his Majesty, you have so great an interest,
" which shall ever be as dear to us as our own. And I hope it shall appear
" to all the world, though we make use of war for necessity, yet we are not
" a people that delight in war, but next after the truth (which is much
" dearer to us than our lives) and our just rights and liberties (which we
reckon equal with our lives, our lives being but a shadow of death without
them) we above all other things prefer peace ; and it shall be your High-
ness's greatest glory earnestly to endeavour and mediate with his Majesty

8 LIFE OP LORD CAPELL. CHAP. IV.

to the House of Commons that day, and recommended
to immediate consideration. On the 1st of October a
message was again sent from the Lords to the Commons
to remind them of the message respecting the Prince's
letter to Sir Thomas Fairfax ; but whether an answer
was ever sent from Parliament does not appear : none
such is entered on the Journals of either House ; and
Lord Clarendon speaks of the Prince's message " hav-
ing been public, and afterwards so much neglected."

The following letter was Sir Thomas Fairfax's answer
to the Prince's letter : — 2

" SIR,

" Your Highness's desire of a safe-conduct for the two
persons whom you design to send to the King, I did, according
to my duty and promise, faithfully represent unto the Parlia-
ment, but have not yet received their resolution thereunto.
What the occasion may be of delay or suspension therein I may
not take upon me to determine. Perhaps, finding what coun-
sels still prevail about his Majesty, they may justly apprehend
any such address to him would be fruitless, if not hurtful to the
end you propose it : and yet, being loth to answer any desire
from your Highness with a public denial, may choose to sus-
pend rather than give their resolution. Whatever the reason
be, I believe it just and necessary. And your Highness need
not doubt of the Parliament's readiness to grant any desire of

" for this, and God Almighty prosper, command, and create it for us : which
" is the earnest prayer of your Highness's most faithful and most humble
" servant, « T. FAIKFAX.

" Bath, 19th of Sept. 1645."

— Clarendon State Papers, vol. ii. p. 792.

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 241.

2 Clarendon State Papers, vol. ii. p. 194.

CHAP. IV. ANSWER OF FAIRFAX. 9

yours that may be for your own and the kingdom's good, and
especially for so blessed a purpose as a safe and just peace.
But, truly, I conceive it \vould be far more available to that
end — more for the safety and welfare of your own person and
family, and the joy of the subjects of this kingdom — if your
Highness would disband what forces you have the command of
in these parts, and go yourself in person to the Parliament,
where your Highness need not doubt of safety and honourable
reception ; nor those Lords and gentlemen that are about you,
and shall be forwarders of so good a resolution, of favour
answerable thereunto ; besides the benefit of the propositions
last tendered to all those that come in before the first of De-
cember. And for your soldiery, they should have good con-
ditions, as soldiers, from myself, and no doubt, as subjects, from
the Parliament. If in this I might serve your Highness, I
should most readily give, or be myself, your safe-conduct, and
account it an honour and blessing from the hands of God,
crowning all other the successes he hath been pleased to give,
in this kingdom's behalf, to the weak endeavours of

" Your Highness's most faithful and

humble servant,

" T. FAIRFAX."
" Nov. 8, 1645."

From the Lord (Arthur) Capell to Sir Thomas Fairfax.1

« SIR,

" In answer to yours of the 8th of this month, his
Highness hath commanded me to let you know, that he did not
believe that his overture of engaging himself in the mediation
of a blessed peace for this miserable kingdom (which he did,
and does still, most earnestly desire to labour in) would have
brought him an invitation to quit his piety and loyalty to his
Royal father, by dividing his interest from that of his Majesty's,

1 Fairfax Correspondence, vol. i. p. 259.

10 LIFE OF LORD CAPELL. CHAP. IV.

whereby he should render himself unworthy and incapable of
the fruits of that peace he labours for. If his former proposi-
tions may be consented unto, he hopes God will so bless his
sincere intentions and desires as to make him a blessed instru-
ment to preserve this kingdom from desolation ; but if that be
rejected, he shall give the world no cause to believe that he
will forfeit that honour and integrity which can only preserve
him in a capacity of doing that service, and shall, with pa-
tience, attend God's good pleasure until his endeavours may
be applied with preservation of his innocency. This is all I
have in command from his Highness.

" Your servant,

" ARTHUR CAPELL.
" Exeter, December \st, 1645."

The month of October brought fresh changes in the
West. Sir Thomas Fairfax had been highly successful
against the Royalist force, and had received the thanks
of Parliament, October 23, for the taking of Tiverton;
in November Lord Goring suddenly quitted his com-
mand and retired into France. Sir Richard Greenvil,
who was again in command, had by the Prince's direc-
tion taken up his quarters at Ockington,1 the object
of which was to hinder the enemy's army from any
communication with Plymouth. Towards the end of
November, without notice to the Prince, and contrary
to the express desire of Lord Capell and Lord Cul-
pepper, who were at Exeter, and wrote to him strongly
" not to remove," he suddenly retired with his three
regiments from Ockington into Cornwall, mustered his
men upon the river Tamer, and then issued his com-

1 Oakliampton.

CIIAI-. IV. PROCEEDINGS OF SIR R. GREENV1L. H

mands to guard the passes between Devon and Corn-
wall, and "not to suffer any of Lord Goring's men,
" upon what pretence or warrant soever, to come into
" Cornwall ;" threatening, moreover, that, should any
of these forces make the attempt, " they should ring
" the bells, and thereupon the whole country should
"rise and beat them out"1- -thus preparing for the
unhappy country the horrors of a double civil war.

In the last week of November Sir Richard Greenvil
visited the Prince at Truro, and on the same day
arrived the letters from Lord Capell and Lord Cul-
pepper informing the Prince of the evil consequences
of his having disregarded their injunctions and retired
from Ockington. The contents of these letters were
communicated to Sir Richard in Council ; the following
day he returned to his house at Wovington without
again seeing the Prince, and from thence on the 27th
of November he wrote a letter 2 for the perusal of the
Council advising that the Prince should endeavour to
treat with the Parliament.3 Shortly afterwards he
wrote again to know how his propositions were approved,
and on being told that in the absence of the Lords
Capell and Culpepper, who were still at Exeter, it had
not been debated, he actually called a meeting at

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 268.

2 The letter was addressed to Mr. Fanshawe. — Ibid. p. 269.

3 Sir Richard Greenvil's proposition certainly exhibited no high standard
of filial duty or faithful allegiance ; the Prince was to offer, " if he might
" enjoy the revenue of the duchy of Cornwall, and that they would not
' ' advance to disturb him in that country, that he would not attempt any-
" thing upon them, but that they should enjoy the freedom of all their
" ports in Cornwall for trade, without any disturbance by his Majesty's
" ships."— Ibid. p. 270.

12 LIFE OF LORD CAPELL. CIIAP. IV.

Launceston, summoning the disaffected and the well-
affected, saying he intended to communicate some pro-
positions which he had already made to the Prince,
and, " though not hearkened to there, he believed
" would be very acceptable to his countrymen of Corn-
" wall."1 The Prince's sudden removal to Tavistock,
however, prevented this meeting. Such was the state
of utter insubordination of those over whom the Prince
and his Council had been sent to preside and direct ;
and yet, whilst the cause for which they struggled was
daily shaken by resistance to their authority, they
dared not dismiss from the King's servant a dangerous
adherent, lest he should prove a still more dangerous
foe. Lord Wentworth succeeded Lord Goring in com-
mand, and soon after the latter had quitted England it
was thought necessary to send the Lords Capell, Cul-
pepper, Hop ton, and Brentford, to confer with him on
the fittest way to relieve Exeter. The meeting was at
Ashburton, and they found that Lord Wentworth had
unhappily imbibed much of the same spirit that had
been so prejudicial to the King's service in Lord
Goring. He declared he would receive orders from
none but the Prince himself,2 and treated the Council
with so little respect that it was deemed necessary
that the Prince should assume the command in person,
and advance towards Exeter, though, as Lord Clarendon
says, " rather than any hazard might be run by any
" unnecessary mutation in commands at a time when

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 271.

2 Ibid, p. 272.

CHAP. IV. THE KING'S ORDERS RENEWED. 13

" the soldier was to be led to fight, it was resolved that
" he should be rather advised than commanded."

On the 26th of December the Prince moved from
Truro to Bodmin, from thence to Tavistock, and after-
wards to Totness. Lord Wentworth there attended
him, and was informed in Council of the Prince's
intention to take the command in person. Lord
Wentworth repeated to the Prince himself " that he
" would receive no orders from any person but his
" Highness,"2 and declared Lord Goring's commission
and instructions to that purpose. This he constantly
xepeated in Council, "and talked very imperiously
" and disrespectfully, and, one day after he had been
" drinking, very offensively to some of the Council in
" the presence of the Prince." The Prince could only
return for answer that "he would take the command of
" the army upon himself and issue out orders as he
" should think fit." 3 The difficulties arising from Lord
Wentworth's conduct being overcome, the differences
settled, and arrangements made for the plan of ope-
rations, the Prince was to proceed to Tavistock, when
the day before he set out a fresh cause of embarrass-
ment occurred in the receipt of another letter from the
King to his son : it was dated Oxford, November 7,
and again strongly urged the necessity of his quitting
England and transporting himself to Denmark, "or any
" other country." Scotland and Ireland he forbad,
" unless peace was concluded, or the Earl of Montrose
" was in far better condition than he then was."4 The

Clarendon's ' Hist, of the Rebellion/ vol. v. p. 272.
Ibid. p. 275. 3 Ibid. 4 Ibid. p. 276, Appendix N.

1 4 LIFE OF LOPiD CAPELL. CHAP. IV.

directions, however strong, were not positive, and the
Council decided on persevering in the design which
they had just formed of endeavouring to relieve Exeter.
On arriving at Tavisiock the Prince was greeted with
another letter from the King, bearing date Oxford,
7th of December.1 The same subject was urged more
strongly than before : " Denmark," wrote the King,
if conveniently you can ; but rather than not go out of
this kingdom immediately after the receipt of this
" letter, I permit and command you to repair to any
" other country, as France, Holland, &c."2 This letter,
which was written in the cipher used by Lord Cul-
pepper, was delivered, like the other, into his keeping
by the Prince, with orders to be communicated to the
Lords Capell and Hopton and Sir Edward Hyde.
Never was a council placed in a situation of more
painful embarrassment. The enterprise they had now
in hand seemed to them full of hope ; its abandonment
by the Prince's sudden and inopportune desertion of
the army would at once have dissolved the troops he
was about to lead, and was thus to lose their last strong-
hold in the West. The King had urged, as a reason
for the necessity of the Prince's escape from England,
that he meant to propose a personal treaty in London,
and that his son being in another country would be his
real security and a chief argument " to make the rebels

v *— '

" hearken and yield to reason."3 To the Council,
however, this seemed but another strong argument
against the Prince leaving the kingdom : they well

1 Appendix 0.
2 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 277. 3 Ibid.

CHAP. IV. JEALOUSIES OF THE LEADERS. 15

knew such a step would be regarded by the Parliament
as a proof that the King was not sincere in his intention
of a treaty ; and that those of the King's own Council
who had advised these fresh overtures of peace " would
" take themselves to be highly disobliged ' when they
found that the Prince had been thus commanded
without their knowledge to quit the country at the
very moment they hoped to effect a treaty.1 The con-
sultation on the King's two letters must have cost much
thought and anxiety, but the result was an unanimous
decision that " the relief of Exeter was to proceed, and
" that the Prince's person was to be present at it." 2
A letter was accordingly addressed to the King fully
explaining their reasons for not following his injunctions,
but with every assurance that the safety of the Prince
should be " watched at all hazards." 3

The muster at Tavistock and other towns in De-
vonshire amounted to about 6000 foot and 5000 horse,
all ready for action ; but unfortunately, before the foot
had begun to march Lord Wentworth's horse were de-
feated at Ashburton,4 and Lord Wentworth arrived at
Tavistock proclaiming the success of the enemy and their
probable possession of Totness. This account seems to
have been exaggerated by alarm, but it was deemed ne-
cessary to draw off the blockade from Plymouth, and
then Tavistock was no longer thought safe for the Prince's

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 279.

2 Ibid. p. 280. 3 Appendix P.

4 " The rout was occasioned by small parties of the enemy, who came
" into their quarters, and found no guards, but all the horse in the stables."
— Clarendon, ibid. p. 282.

16 LIFE OF LOUD CAPELL. CHAP. IV.

residence, and .by the advice of a council of war he
moved to Launeeston, from whence he still hoped to ad-
vance towards Exeter. There were now ready for action
" all the horse and foot of Lord Goring,1 the horse
" and foot of Sir Richard Greenvil, the horse and foot of
" General Digby, neither of which acknowledged a supe-
" riority in the other ; besides the Guards, which nobody
" pretended to command but the Lord Capell." The day
after the Prince's arrival at Launeeston a letter was re-
ceived from Sir Richard Greenvil, which, had it not been
that it involved interests of such grave importance, would
seem as a burlesque upon the jealousy of command by
which the leaders were possessed. Sir Richard Greenvil
had himself been guilty of serious neglect in the care of
transporting the necessary provisions and clothing from
Tavistock, but his letter to the Prince was full of bitter
complaints against Major-General Harris, stating that he
refused to guard a bridge, as he would receive no orders
but from General Digby,3 whilst General Digby declared
he would receive none but from the Prince, — that Lord
Wentworth's troops had come into his quarters, — and
that, as neither would submit to command, there had
actually been fighting and lives lost, and they were at
that moment drawn up in hostile array, — and that it
was absolutely necessary for the Prince to name one
superior officer from whom these independent officers
must receive orders ; and " knowing," as he added,
" that his own severity and discipline had rendered

1 Now commanded by Lord Wentworth.

2 Clarendon's ' Hist, of the Rebellion,' vol. v. pp. 303, 304.

3 Ibid. p. 305.

CHAP. IV. LORD HOPTON COMMANDS. 17

" him so odious to Lord Goring's troops that they
" would sooner choose to serve the enemy than receive
" orders from him," he specified the Earl of Brentford
or Lord Hopton as fit for Commander-in-Chief. This
led to the selection of Lord Hopton ; and on the 1 5th
of January, 1645-6, he was appointed to take charge
of the whole army, — Lord Wentworth to command
the horse, Sir R. Greenvil the foot. It was, says
Lord Clarendon,1 " a heavy imposition, I confess,
" upon the Lord Hopton (to the which nothing but
" the most abstracted duty and obedience could have
ts submitted) to take charge of those horse whom only
" their friends feared and their enemies laughed at;
" being only terrible in plunder and resolute in running
"away."2 Lord Capell's conduct on the occasion
formed a notable contrast to that of other commanders.
The Guards had been raised at his own expense, and
to their command no one else pretended, but he placed
himself and his 800 soldiers at once under Lord Hop-
ton's orders, and, adds Lord Clarendon, fi to encourage
" Lord Hopton to undertake that melancholy charge,
" he promised to accompany him throughout the expe-
" ditioh, as he nobly did."3

The Prince wrote a letter of thanks to Sir Richard
Greenvil for the advice which he had given, and which
had been adopted in the appointment of Lord Hopton ;
but what was the surprise of the Prince and his Council
on receiving a letter from Sir Richard, addressed to the
Prince, desiring to be excused on account of indisposi-

1 Clarendon's * Hist, of the Rebellion,' vol. v. p. 305.

2 Ibid., p. 306. 3 Ibid., p. 307, n.

VOL. II. C

18 LIFE OF LORD CAPELL. CHAP. IV.

tion of health, and accompanied by another to Lord
Culpepper, refusing to be commanded by Lord Hopton !
Remonstrances were offered in vain. Sir Richard
Greenvil persevered in his determination, till at last,
wearied writh this constant resistance to authority, and
in fear lest he should put himself at the head of the
discontented party, they determined to arrest and
commit him to prison, first to the Governor of Laun-
ceston, and a few days afterwards to the Mount.1 Lord
Wentworth wavered in his acceptance of the command
on the terms proposed ; the Prince required a positive
answer, and without delay ;2 Lord Wentworth then ac-

cepted — had he refused, the Prince had resolved to com-
mit him also to prison, and the command of the horse was
to have been given to Lord Capell. It was the 6th of
February before Lord Hopton could move from Laun-
ceston, for want of carriages, ammunition, and provi-
sion.3 Dartmouth had been taken by Sir Thomas Fair-
fax in the latter end of January. This was a serious
loss, and naturally tended to weaken and dispirit the
Royalist forces; but Exeter called loudly for relief;
Lord Hopton therefore determined on marching so far
as Torrington, trusting to the Commissioners to forward
the remainder of those carriages and provisions that
were left behind. In three or four days Sir Thomas

1 Sir Richard Greenvil remained there till the enemy were possessed of
the country. The Prince then gave him leave to go to the continent lest
he should fall into their hands. — Hist. Rel>., vol. v. p. 309.

3 When Lord Hopton accepted the command it had been resolved
that it should "be dutifully submitted to by all other men, or that the re-
fusers should be exemplarily punished. — Ibid., p. 307.

3 Ibid., p. 313.

CHAP. IV. LORD HOPTON WOUNDED. 19

Fairfax advanced to Chimley, eight miles only from
Torrington. Lord Hopton's strict orders for keeping
guard were neglected, and he was only accidentally
saved from surprise. He had now no other alternative
than to retire quickly into Cornwall, or to await the
issue of the enemy's arrival : he chose the latter course
as on the whole less certain of dissolving the army than
the return within reach of the homes of the train-bands.
The result was disastrous : Lord Hopton was wounded
in the face with a pike, and had his horse killed under
him ; one of his officers encouraged the soldiers to fly
by reporting him dead, and he found himself deserted
by all but a few faithful followers, and, mounting a fresh
horse, was obliged to retire to the borders of Cornwall.1

1 Lord Clarendon describes the cowardice and treachery with which
Lord Hopton's troops deserted him on this occasion ; whilst the following
letter from Sir Thomas Fairfax to his father claims the honour of a more
difficult victory. It seems however principally owing to the decisive step
taken by Lord Hopton in blowing up the magazine that Sir Thomas Fairfax
found a serious resistance : —

" For the Eight Honourable the Lord Fairfax, in Queen Street,

London.

u May it please your Lordship, — I shall not need to give your Lordship
" the particulars of the good success God hath given us at Torrington
" against the Lord Hopton, for the letters to the Parliament will fully
" relate it. It was as hot service as any hath been since our coming forth ;
" the enemy showed more resolution than ever ; I saw them after we were
" come into the town. Their magazine, which lay in the church, which
" was almost eighty barrels of powder, took fire, and blew up all the
** church — timber, stones, and sheets of lead, showering down as hail on
" all parts of the town. I believe there were 200 of the enemy prisoners,
" and some of our own men blown up and buried in the ruins of the
" church. I must acknowledge God's great mercy to me, and some others
" that stood where great webs of lead fell thickest, yet, praised be God,
" no man hurt ; only a horse of a gentleman of the Life Guard that stood
<; by me killed. I could not but mention this as one of the strange acci-

c 2

20 LIFE OP LORD CAPELL. CHAP. IV.

Here, in a few days, he was again joined by about 1200
of the foot ; from thence he proceeded to Bodmin,
where he was again pursued by the enemy, disobeyed
and betrayed by his followers, and obliged to draw off
farther westward. Lord Hopton's own account of the
undisciplined state of his army was " that, from the
" time he undertook the charge to the hour of their
" dissolving, scarce a party or guard appeared with half
" of the number appointed, or within two hours of the
" time."

The project of the Prince taking the field in person
was abandoned when Lord Hopton assumed the
command. The Council felt that the disaffection was
too great and the number too small for him to ven-
ture his person with the army, and accordingly he
retired to Truro, where he arrived on the 12th of
February.1 A letter was there received from the King,
addressed to those four of the Council who had written
jointly to his Majesty from Tavistock. The first words of
the letter must have removed at once from their minds
any fear that the King might not have acquiesced in

" dents that I have seen, and as great a providence in preservation of
" some. Those horse are all gone into Cornwall, whither we shall pre-
" sently follow them. I shall give your Lordship a further account of
" things here as there is occasion : so, humbly desiring your blessing, re-

" main

" Your Lordship's most obedient Son,

45 " T FATRVAT

" Torrington, 18th February, 16~.

" Since the writing of this, I understand the man that gave fire to the
" powder did confess that Lord Hopton did promise him thirty pounds
" to do it. I sent to examine him further, but he was senseless with the
" bruises he got." — Fairfax Papers, edited by Robert Bell, vol. i. p. 285.

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 310.

CHAP. IV. THE PKINCE IN DANGER. 21

the justice of their arguments or the propriety of their
resistance to his all but peremptory commands for the
immediate departure of the Prince from England. The
letter was dated Oxford, 5th February, and began thus : —
" Yours from Tavistock hath fully satisfied me why my
" commands concerning Prince Charles's going beyond
" sea were not obeyed, and I likewise agree with you in
" opinion that he is not to go until there be an evident
" necessity, also approving very much of the steps
'• whereby you mean to do it." He then repeated his
wish that his son should leave the country whenever
there was " visible hazard" of his falling into the hands
of the rebels; and expressed his satisfaction that he
should be at the head of the army^1 The time was
now at hand when the necessity of which the King
spoke was becoming but too evident. The Prince,
having stayed some days at Truro, went to Pendennis,
and was intending to return to Truro, when Lord Capell
and Lord Hopton sent word that " they had severally
" received intelligence of a design to seize the person of
" the Prince, and that many persons of quality in the
" county were privy to it."2 There was now no time
to be lost ; suspicions were entertained of the fidelity of
some of the Prince's own servants,3 and the necessity of
his immediate departure became evident; but to this
step another obstacle presented itself. The four of the

1 Clarendon's * Hist, of the Eebellion,' vol. v. p. 317. See his Majesty's
letter to the Lords Capell, Hopton, Culpepper, and Sir Edward Hyde,
Appendix Q.

2 Ibid., p . 317.

3 There seem to have been suspicions of treachery even in Lord CapelTs
own troop. See Appendix E.

22 LIFE OF LORD CAPELL. CHAP. IV.

Council who had acted in perfect harmony had been
obliged on this subject to avoid taking others of the
Council into their confidence ; and though they had

advised and even proposed to the King the form in
which a letter expressive of his wishes should be written
that could be shown to the whole Council, none such
had ever arrived. Lord Capell and Lord Hopton were
away with the remnant of the army ; there remained
therefore but Lord Culpepper and Sir Edward Hyde
with the Prince who knew the King's pleasure or what
\vas to be done. By those two it was agreed that the
Prince's going away " must seem to be the effect of
" counsel, upon necessity and the appearance of danger
" to his person, without any mention of the King's
" command."

The difficulty was to secure this resolution on the
part of the remainder of the Council ; and though they
knew well the opinion of Lord Capell and Lord Hopton,
they could not own that knowledge to the other mem-
bers of the Council without betraying both their present
purpose and their former concealment. It was proposed
therefore, in presence of Lords Berkshire and Brentford,
to send a confidential messenger2 to Lord Capell and
Lord Hopton, to ask their opinion and advice on what
" was best to be done with reference to the person of the
" Prince, and whether it were fit to hazard him in Pen-
" dennis." The advice they received in return was of
course such as Lord Culpepper and Sir Edward Hyde
expected — viz. "That it was not fit for the Prince to

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 318.
2 Mr. Fansliawe.

CHAP. IV. DEPARTURE OF THE PRINCE. 23

" adventure his person in that castle, which would not
" only not preserve his person, but probably by his stay
" there might be lost, and by his absence might de-
" fend itself; and that he should remove to Jersey or
" Scilly." Fortunately, to this advice the Council
unanimously agreed. A ship, that had long been
secretly kept in attendance for the purpose of the
Prince's escape, was now in readiness. On Monday,
2nd March, came the news that the army was re-
tiring from Bodmin, and the enemy gaining fast upon
them. The governor of the castle2 and his son were
now called into confidence to facilitate the Prince's
departure ; and on that night, Monday, March 2nd, at
ten o'clock, the Prince went on board, and on Wednes-
day, the 4th, reached Scilly in safety.3

During this time the Lords Hopton and Capell were
struggling hard to rekindle the last embers of expiring
loyalty, and restore obedience in the disaffected, licen-
tious, disorganised, and routed army. It was in vain :
the principal officers declared that their men would
never be brought to fight ; and, with the exception of
one (Major-General Webb), all declared for "sending
" for a treaty." 4 Lord Hopton refused to do so without
having the Prince's consent. The officers and soldiers
murmured at any delay. Many began to go over to the
enemy, and it was probably at their suggestion that Sir

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 319.

2 Sir Francis Basset was governor of the Mount.

3 Lady Fanshawe says that the Prince and his Council embarked them-
selves in a ship called the Phrenix for the Scilly Isles, and went from the
Land's End. — Memoirs of Lady Fanshawe, p. 57.

4 Clarendon's ' Hist, of the Rebellion/ vol. v. p. 321.

24 LIFE OF LORD CAPELL. CHAP. IV.

Thomas Fairfax sent a trumpet with a letter to Lord
Hopton, offering to him a treaty, and also making pro-
positions to the officers and soldiers ; but Lord Hopton
communicated this letter to one or two only of principal
trust. The officers then assembled together, and they
resented Lord Hopton's reserve with respect to Sir
Thomas Fairfax's letter, and declared " that, if he would
" not consent, they were resolved to treat themselves."
From this moment all command, and therefore all hope,
was at an end. Lord Hopton sent his ammunition and
foot into Pendennis and the Mount, and " declared that
" he would neither treat for himself nor the garrisons :"
but he gave the horse leave to treat for themselves,
and articles were concluded by which that body was
dissolved. The enemy's whole army had now entered
Cornwall, and Lord Hopton and Lord Capell sailed
with the first fair wind from the Mount, to join the
Prince in the island of Scilly.

Thus ended this disastrous campaign, after twelve
months of severe and bitter struggle — a contest in
which the Council of the Prince had more to contend
with in the misplaced pride, the mean intrigues, the
haughty insolence, the sordid interest, the cruel
licence, and the selfish disaffection of those who should
have respected their authority and supported their
cause, than from the open attacks of their declared
enemies. Whether the original scheme of investing a
youth of the Prince's age with a nominal command,
which was really to be exercised by a Council, and

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 322.

CHAP. IV. THE KING'S CAUSE IN THE WEST. 25

which thus placed the direction of military movements
in the hands of those who were not regarded as military
chiefs, was a plan founded in wisdom, or well adapted
for success, must at least be regarded as a very doubtful
question. Sir Edward Hyde felt from the beginning
that their authority would be insufficient for the duties
required at their hands ;l the magnitude and multi-
plicity of the difficulties were, however, greater than
human foresight could anticipate, and were doubtless
much increased by the ill success that had attended the
King's arms in other parts. The Royal cause was fall-
ing, and this naturally dispirited the troops, weakened
the hopes that had bound them together, and relaxed
the discipline, without which no army can act with
effect, and which was so peculiarly necessary when the
forces were in many instances composed of volunteer
soldiers and inexperienced officers. The Prince quitted
his father holding two commissions that gave him nomi-
nally supreme command as head of the army and
as head of the Western Association, and the members
of his Council received full power to use that autho-
rity in his name ; yet, whilst they bore the heavy
weight of responsibility, they often found themselves
impotent to command, and their independence of action
too often crossed and thwarted by the King himself.

But in the midst of so much that exhibits human
nature in some of its worst forms and meanest aspects,
it is edifying to look at the nobler spectacle of good men
struggling with adversity. In the conduct of those four

1 Clarendon's « Hist, of the Rebellion,' vol. v. p. 116.

26 LIFE OF LORD CAPELL. CHAP. IV.

of the Council who were mainly concerned in the direc-
tion of these affairs is to be found the unwearied zeal,
the patient forbearance, the prudent forethought of
practical men of business; whilst, in their endurance,
their fidelity, and their self-sacrificing spirit, they
showed the enthusiasm of the most chivalrous loyalty.
It was indeed the ready spirit of self-devotion wrhich
peculiarly marked the character and conduct of Lord
Capell throughout his career. He had been ever fore-
most with his tongue, his purse, his time, his abilities,
his sword, and his person, to assist the cause he espoused ;
the first to speak on the grievances of his country, the
first to tender his security for the money to be borrowed
from the City, and himself to contribute the largest sum
when required ; ready on two separate occasions to use
his influence and his fortune in raising troops for the
King, and to take the command of the guards he had
enlisted in the service of the Prince ; ready to give to
others the example of submission, in placing himself and
his guards at the disposal of Lord Hopton; foremost to
share with him in the forlorn hope that could earn no
laurels but the respect of posterity, and which left him,
with that commander, the honour of refusing to sur-
render to the enemy, though the latest in quitting
the field.

CHAP. V. LETTER TO THE PRINCE. 27

CHAPTER V.

Correspondence between the Parliament and the Prince — the Prince
removes to Jersey — the Queen presses for his removal to Paris —
He sends Lords Capell and Culpepper to the Queen — Lord Digby, M.
de Montreuil, and Mr. Ashburnham, arrive at Paris — Lords Capell and
Culpepper return to Jersey — the Council deliberates, and the Prince
resolves to go to Paris — the Council decline to accompany him — His
Departure — Occupations of the Councillors at Jersey — Lord Capell
leaves the Island.

A NEW scene of action was now opened to the faith-
ful Council who followed the Prince's fortunes. The
Prince remained in the island of Scilly from the 4th of
March till the 16th of April; Lord Capell and Lord
Hopton had been detained at the Mount by contrary
winds, and did not join the Prince till the llth of April;
by the same vessel that conveyed them came a trumpet
from Fairfax, bearing a message from Parliament.

On the 30th of March the two Houses of Parliament
agreed on a measure of which the object was to get pos-
session of the person of the Prince of Wales, and the
following letter of invitation, that was little else than a
summons to surrender at discretion, was addressed to
his Highness :l —

SIR,

The Lords and Commons assembled in the Parliament
of England, being informed that your Highness is lately
removed into the Isle of Scilly, have commanded us, in their

1 See letter of Sir Edward Hyde to Colonel Richard Arundell. — Cla-
rendon State Papers, vol. ii. p. 229.

28 LIFE OF LORD CAPELL. CHAP. V.

names, to invite you to come forthwith into their quarters, and
to reside in such place, and with such council and attendants
about you, as the two Houses shall think fit to appoint. This
being all we have in charge, we take leave to rest your High-
ness' humble servants,

MANCHESTER, Speaker of the House of
Peers pro tempore.

WM. LENTHALL, Speaker of the Com-
mons House in Parliament.
March 20, 1646.

The morning after the receipt of this letter a fleet of
about twenty-seven of the Parliament's ships encompassed
the island. Scilly was ill provisioned,1 and in no con-
dition to afford protection to the Prince in case of
attack ; but, fortunately for his safety, a violent storm
dispersed the ships within a few hours, and continued
to rage for two days afterwards. The answer to the
Parliament was sent by Sir Joseph Seymour, and was
as courteous in terms as the case admitted.

The Prince of Wales' s Answer to the Parliament's

Invitation.

To the Lords and Commons assembled in the Parliament of

England.

We have received your message, of the 30th of March, the
llth of this present, by which you, being informed of our late
remove into this island of Scilly, do invite us to come forthwith
into your quarters, and to reside in such place, and with such
council and such attendants about us, as you the two Houses shall

1 Lady Fanshawe says, " We were destitute of clothes and meat ; and
" fuel for half the court to serve them a month was not to be had in the
" whole island ; and truly we begged our daily bread of God, for we thought
" every meal our last. The Council sent for provisions to France, which
" served us, but they were bad and a little of them." — Memoirs of Lady
Fanshaiue, p. 60.

CHAP. V. THE PEIXCE AT SCILLY. 29

think fit to appoint. We have a great and earnest desire to be
amongst you, if we might have any assurance that it would
prove an expedient towards a blessed peace and the composure
of these miserable distractions ; and therefore, when we were
compelled to depart from Cornwall, we chose this poor island
to reside in, where we hoped we might have securely attended
God's pleasure till we might have been made an instrument
towards a happy peace ; but the scarcity of provisions being
such in this place, that we have not since our coming hither,
which is now about six weeks, received one day's victual,
though we left servants of our own in our duchy of Cornwall
to take care for our necessary supply, we are again compelled
to remove to the island of Jersey, whither we hope God
Almighty will direct us, which place we chose the rather, as
well being part of the dominions of our royal father (which as
yet is evident to you we have no purpose to quit), as being
much nearer to you, and so fitter for correspondency : and
therefore, that we may the better receive advice from you, with
which we shall always comply as far as with our duty and
piety we may, we desire you to send us a safe-conduct for the
Lord Capell to come to you, and to receive from you such
particular propositions for our welfare and subsistence as you
think fit to make ; and that he may then attend our royal
father, and return to us at Jersey : and thereupon we hope, by
the blessing of God, you will receive such satisfaction as shall
testify the great desire we have, and shall always have, to fol-
low the counsel and advice you shall give, which will be an
unspeakable comfort to us.

Given at our court in the isle of Scilly, the 13th of
April, 1646.

CHARLES P.1

1 No reply seems ever to have been made to this letter of the Prince's,
nor any safe-conduct sent to Lord Capell.

30 LIFE OF LORD CAPELL. CHAP. V.

Two days after the Prince's first landing in Scilly,
Lord Culpepper had proceeded to France, to acquaint
the Queen with her son's arrival there, and to beg for
assistance and supplies ; but no succour came from that
quarter ; and the Prince and his Council both felt the
difficulty and danger of remaining where they were, and
the necessity of seeking greater safety in Jersey. One
objection only weighed with the Council — viz. the fear
lest, by stress of weather, he should be driven to land
in France, an event which would have been prejudicial
in the extreme to the King, if, as it was reported, he
was then in London conducting a treaty. The Prince
then produced in council the following letter from his
father, written shortly after the battle of Naseby, and
which he had hitherto concealed from the knowledge of
any, and " which truly," says Lord Clarendon, " I
" think was the only secret he had ever kept from the
" four he had trusted :" 1 —

Letter from the King to the Prince.

CHARLES, Hereford, the 23rd of June, 1645.

My late misfortunes remember me to command you
that which I hope you shall never have occasion to obey ; it is
this : — If I should at any time be taken prisoner by the rebels,
I command you (upon my blessing) never to yield to any con-
ditions that are dishonourable, unsafe for your person, or de-
rogatory to regal authority, upon any considerations whatso-
ever, though it were for the saving of my life ; which, in such
a case, I am most confident is in greatest security by your
constant resolution, and not a whit the more in danger for their
threatening, unless thereby you should yield to their desires.

1 Clarendon's < Hist, of the Eehellion,' vol. v. p. 361.

CHAP. V. HE REMOVES TO JERSEY. 3 1

But let their resolutions be never so barbarous, the saving of
my life by complying with them would make me end my days
with torture and disquiet of mind, not giving you my blessing,
and cursing all the rest who are consenting to it. But your
constancy will make me die cheerfully, praising God for giving
me so gallant a son, and heaping my blessings on you ; which
you may be confident (in such a case) will light on you. I
charge you to keep this letter still safe by you until you shall
have cause to use it, and then, and not till then, to show it to
all your Council, it being my command to them as well as
you ; whom I pray God to make as prosperously glorious as
any of the predecessors ever were of

Your loving father,

CHARLES R.1

This letter decided the question. There was great
probability that further attempts would be made to
secure the person of the Prince ; the island afforded
no means of resistance to any attack, and, with the
exception of Lord Berkshire, the Council were unani-
mous in their decision for quitting it. The storm had
ceased, the wind was in their favour, and the Prince,
with his Council and attendants, embarked on the 16th
of April, and, setting sail for Jersey,2 landed there in
safety, after a passage of twenty- four hours.

On the night of their arrival a messenger was de-

1 Clarendon's « Hist, of the Rebellion,' vol. v. p. 361.

2 This short voyage was not, according to Lady Fanshawe's account,
without its dangers. " We set sail for Jersey, where we safely arrived,
" praised be God, beyond the belief of all the beholders from that island ;
" for the pilot, not knowing the way into the harbour, sailed over the rocks,
" but being spring tide, and by chance high water, God be praised, his
" Highness and all of us came safe ashore through so great danger." —
Memoirs of Lady Fanshaive, p. 60.

32 LIFE OF LORD CAPELL. CHAP. V.

spatched to the Queen to announce their safe arrival,
and another to Lord Culpepper for the same purpose ;
he received the news at Havre, where he was awaiting
a wind to carry him to Scilly, being the bearer of the
Queen's positive command to the Prince to remove
from that island. The fulfilment of this command was
anticipated by his being already in Jersey ; and, after
mature consideration, the Council came to the conclu-
sion that Jersey was the fittest place for him to be in at
the present juncture of affairs, " and the Prince himself
" seemed to have the greatest aversion and resolution
" against going into France." l

A letter written by the Queen in cipher to Sir Ed-
ward Hyde, dated Paris, the 5th of April, reached
Jersey before Lord Culpepper's arrival. She said
Lord Culpepper must be her witness that she had
listened patiently to all that he could say in favour of
the Prince remaining at Scilly ; but she could not sleep
in quiet till she knew that he was removed from thence.
She warmly represented all the danger of that place,
and pointed to Jersey as one of safety, and to which
she promised to send provisions, shipping, and money,
so that he should want nothing.2 The Prince and
the Council were much relieved by the receipt of a
letter which expressed so strongly the wish for that very
step which they had taken. Great was the disappoint-
ment, therefore, when they found, on Lord Culpepper's
arrival, that the Queen's wish for Jersey was only to
secure the Prince's removal from Scilly, and Jersey

1 Clarendon's ' Hist, of the Rebellion, ' vol. v. p. 363.

2 Ibid., p. 364.

CHAP. V. THE QUEEN'S INSTlfR TTOXS. 33

was only desired as a reason for a journey through
France, or as a stepping-stone to France. This letter
was followed by others from the Queen, most importu-
nate on the subject of the Prince's removal to France.
A letter received from the King, dated Oxford, the
22nd of March, written in a tone that the Council were
little prepared for, produced far greater embarrassment",
and effected a change in the sentiments of the Prince,
though not in the opinion of his Council, with the ex-
ception of Lord Culpepper. The King had latterly, in
all his letters, spoken of Denmark as the place to
which he wished his son to repair ; and yet by this
letter he now seemed to expect that he was already in
France.1 The letter was sent by Lord Jermyn, " in
" whose cipher it was writ,2 and was by him deciphered
" for the Prince." It contained not only the former
exhortation to obedience to his mother in all things
save his religion, but for the first time superseded the
authority of the Council for that of the Queen, saying,
" I command you to be totally directed by your mo-
" ther, and (as subordinate to her) by the remainder of
" that Council which I put to you at your parting from
" hence." It is difficult to resist the supposition that
this letter, written by the King in the cipher used by
the Queen's favourite, Lord Jermyn, and deciphered by
him for the Prince, was either due to her influence over
her husband, or was deciphered with such alterations as
suited her views respecting her right to rule both the
Prince and his Council. This letter, together with the

1 See Appendix S.

2 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 3G~>.

VOL. II. D

34 LIFE OF LORD CAPELL. CHAP. V.

" passionate commands'1 of the Queen and the impres-
sion which the Prince received in private from Lord
Cul pepper, whose views had undergone a change by his
visit to the Queen, worked upon him so far that he now
began to incline towards adopting the plan of leaving
Jersey for France.1 The Council, with the exception
of Lord Culpepper, represented strongly the incon-
venience and danger that this resolution might occasion.
The conduct of the French Court had not been such
from the beginning of the disturbances as to justify any
confidence in their friendliness,2 and the Council feared
that the departure of the Prince from the kingdom
might be prejudicial to the King's affairs.

These arguments had sufficient weight with the
Prince to induce him to postpone his departure and
to send Lord Capell and Lord Culpepper to Paris to
represent more fully to the Queen the grave import-
ance and responsibility of the step on which she was
so bent. Their instructions were first to explain the
grounds of confidence in the security of Jersey, and
then " to beseech her," as Lord Clarendon relates, " to
" consider whether it be not absolutely necessary, before

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 366.

2 When the Prince was in Cornwall Sir Dudley Wyatt was sent by
Lord Jermyn to assure him that 5000 foot were actually raised under the
command of Ruvignie, and should be embarked in less than a month for
Pendennis. Xone arrived ; and it turned out that not a man was ever
hired, and that the name of Ruvignie had only been mentioned casually
by the Cardinal as one who would be fit to command if any troops were
sent to England ; and this he thought sufficient warrant to justify holding
out, both to the King and to the Prince, expectations of certain assistance.
No wonder that the Council should feel but little confidence in the pro-
mises, supposed or real, of France, or in the discernment and judgment of
Lord Jermyn. — Ibid., p. 359.

CHAP. V. EMBASSY TO THE QUEEN. 35

" any thought of our remove from hence be entertained,
" that we have as clear an information as may be got of
" the condition of our royal father and the affections of
" England ; of the resolutions of the Scots in England,
" and the strength of the Lord Montrose in Scotland ;
" of the affairs in Ireland, and the conclusion of the
" treaty there ; that so, upon a full and mature prospect
" upon the whole, we may so dispose of our person as
" may be most for the benefit and advantage of our
" royal father, or patiently attend such an alteration
" and conjuncture as may administer a greater advan-
" tage than is yet offered ; and whether our remove out
" of the dominions of our royal father (except upon
" such a necessity or apparent visible conveniency) may
<4 not have an influence upon the affections of the three
" kingdoms to the disadvantage of his Majesty." The
Queen was much disturbed at the arrival of the two
lords without the Prince, and at once declared herself
not to be moved with any reasons that were or could
be given for his stay, and that her resolution was
positive and unalterable."1 This reception afforded
but feeble hope of making any impression on her Ma-
jesty; but they at last prevailed upon her to suspend
her present " commands for the Prince's removal from
" Jersey until he should have clear intelligence where
" the King was and how he was treated, though, at the
" same time, she declared a positive resolution that his

1 Two days after Lord Capell and Lord Culpepper departed for Paris,
Sir Dudley Wyatt arrived in Jersey with the news that the King had left
Oxford before the break of day with only two servants, — to what place
uncertain. — Hist, of the Rebellion, vol. v. p. 369.

2 Ibid.

D 2

30 LIFE OF LORD CAPELL. CHAP. V.

" Highness should come to Paris, let the intelligence be
" what it could be."1 The day after the Lords Capell
and Culpepper had left Jersey Lord Digby arrived
there ; he came in order to convince the Prince and his
Council of the unquestionable expediency of the Prince's
immediately sailing for Ireland, and was equally urgent
against all idea of complying with the Queen's com-
mands. He spoke of the thoughts of his going into
France as the u most pernicious counsel that ever could
u be given ; that it was a thing the King his father
" abhorred and never would consent to ; and that he
" would take upon himself to write to the Queen, and
" to give her such solid advice and reasons that should
" infallibly convert her from that desire, and that should
" abundantly satisfy her that his going into Ireland was
" absolutely necessary."2 Having failed to convince the
Prince and his Council of the expediency of his going
to Ireland, he started immediately for Paris, " not
" making the least question but that he should con-
<£ vert the Queen from any further thought of sending
" for the Prince into France, and as easily obtain
" her consent and approbation for his repairing into
» Ireland."3

The result of his visit wras precisely the contrary to

1 ' They soon afterwards learnt that the King had put himself into the
Scottish army before Newark.' — Clarendon's ' Hist, of the Rebellion,' vol. v.
pp. 380, 381.

2 Lord Digby was so strenuous upon this point, that he actually pro-
posed to one of the Prince's Council to give his consent to a plan he had
devised for carrying him to Ireland by stratagem. He proposed inviting
the Prince on board one of the frigates to a collation, then hoisting the
sails, and never stopping till they reached Ireland.

3 Clarendon's * Hist, of the Rebellion,' vol. v. p. 375.

CHAP. V. MESSAGES FKOM THE KING. 3?

the objects for which it was undertaken. The Queen
was unshaken in her resolution, and Lord Digby,
speedily nattered, cajoled, and deceived by the Car-
dinal, was converted from his own opinion, and became
the strenuous advocate for the Prince's removal from
Jersey to Paris. The change thus wrought in Lord
Digby's views, and the influence formerly exercised by
the Queen and the Cardinal on Lord Culpepper's
opinions, probably strengthened their hopes that Lord
Capell might also yield, and the arrival of the French
envoy, Monsieur de Montr euil, from England, furnished
new matter wherewith to combat his objections to their
project. Monsieur de Montreuil professed to be the bearer
of a message from the King in confirmation of a letter
which Lord Clarendon thus significantly mentions : " It
" was pretended that he had brought a letter from the
" King, which was deciphered by the Lord Jermyn, in
" which he said that he did believe that the Prince
" could not be safe anywhere but with the Queen, and
" therefore wished that if he were not there already he
" should be speedily sent for."1 The interest of Monsieur
de Montreuil's message was completely nullified, how-
ever, by the arrival of one who had been with the King

but the day before Monsieur de Montreuil's last interview,

«/ *

and whom the King was far more likely to have chosen
as the depository of his real sentiments, viz. his faithful
attendant, Mr. Asburnham.

Mr. Ashburnham brought neither message nor letter in
confirmation of those of which Monsieur de Montreuil was
" pretended," or " professed himself to be" the bearer.
Mr. Ashburnham confessed to the Lord Capell that he

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 381.

38 LIFE OF LORD CAPELL. CHAP. V.

*'' thought it very pernicious to the King that the Prince
" should come into France in that conjuncture, and
" before it was known how the Scots would deal with
" him ; and that the King's opinion of the convenience
" of his coming into France could proceed from nothing
" but the thought of his insecurity in Jersey."

Mr. Ashburnham brought exact information of the
King's position. He was now at Newcastle, and it was
too clear that he \vas little better than a prisoner in the
hands of the Scots. Lord Capell, ever foremost in ten-
dering his services when difficulty was to be encountered
or danger overcome, immediately volunteered to go
himself to Newcastle, there to receive the King's
positive commands with respect to the Prince, pledging
himself and the Council to obedience to his will. This
proposition showed plainly how little reliance Lord
Capell placed on the testimony of Monsieur de Mon-
treuil, or on the good faith of the Queen and Lord
Jermyn, all of whom pretended to have certain know-
ledge as to the King's pleasure. The Queen was by
no means inclined to put the truth of their assertions to
the test by accepting this offer. She was inexorable,
and only declared she would now have no further
delay ; that " the Prince should immediately repair to
" her ; and for that purpose she sent Lord Jermyn
" (who was Governor of Jersey), Lord Digby, Lord
" Wentworth, and Lord Wilinot, and other lords and
" gentlemen, who, with the two Lords that had been
" sent to her by the Prince, should make haste to
" Jersey, to see her commands executed." Lord Capell

1 Clarendon's ' Hist, of the Rebellion, ' vol. v. p. 382.

2 Ibid., p. 382.— Appendix T.

CHAP. V. DEBATE IX THE COUNCIL. 39

and Lord Culpepper had no further choice than to
obey ; and, towards the end of June, after three weeks
spent in vain, they embarked with those appointed by
the Queen to accompany them, and returned to Jersey.
A letter from the Queen to the Prince, couched in
terms more imperative than ever, was intrusted to those
Lords sent to see her wishes fulfilled. The letter was
delivered so soon as they kissed the Prince's hand, and
they at once desired that the Council might be imme-
diately called. Lords Jermyn, Digby, and Wentworth
presented themselves also at the Council, and requested
the Prince " that his mother's letter might be read, and
" then, since they conceived there could be no debate
" upon his Highness's yielding obedience to the com-
" mand of the King and Queen, that they might
" only consider of the day when he might begin his
" journey."

The Lords of the Council represented to the Prince
that they alone were accountable to the King and to
the kingdom " for any resoluion his Highness should
" take, and for the consequences thereof." They
therefore strongly objected to the presence of those
Lords, who were in no way responsible for the Prince's
actions, and who, not being responsible, were neither
entitled to be present, nor to tender their advice. This
produced an angry discussion, and all further debate on
the subject of the Queen's letter was adjourned. The
following day the Council again met ; the Lords, either
because they would not yield, or because the Council
felt it useless to offer any further resistance, were again

1 Clarendon's « Hist, of the Rebellion/ vol. v. p. 399.

40 LIFE OF LORD CAPELL. CHAP. V.

present; and Lord Capell then gave an account of all
that had passed with the Queen during the time he
and Lord Culpepper were at Paris,1 and delivered his
opinion on the course that should be adopted. He
stated "that the reasons they had carried from the
" Prince had so far prevailed with the Queen that her
" Majesty resolved to take no final resolution till she
" received further advertisement of the King's pleasure,
" and he did not think that the information she had
" received from Monsieur de Montreuil had weight
(( enough to produce the quick resolution it had done ;
" that he thought it still most absolutely necessary
" to receive the King's positive command before the
" Prince should remove out of his Majesty's own do-
" minions, there being no shadow of cause to suspect his
" security there ; that he had then offered to the Queen
" that he would himself make a journey to Newcastle,
" to receive his Majesty's commands, and that he now
" made the same offer to the Prince ; and because it
" dicl appear that his Majesty was very strictly guarded,
" and that persons did not easily find access to him,
" and that his own person might be seized upon in
<< his journey thither, or his stay there, or his return
" back, and so his Highness might be disappointed of
" the information he expected, and remain still in the
" same uncertainty as to a resolution, he did propose
" and consent to as his opinion, that, if he did not
" return again to Jersey within the space of one month,
" the Prince should resolve to remove into France, if
" in the mean time such preparations were made there

1 Clarendon's ' Hist of the Rebellion,' vol. v. p. 400.

CHAP. V. LORD CAPELL'S SPEECH. 41

" as he thought were necessary and were yet defective."
He said, "he had been lately at Paris, by the Prince's
" command, and had received many graces from the
" Queen, who had vouchsafed to impart all her own
" reasons for the Prince's remove, and the grounds for
" the confidence she had of the affections of France ;
" but that he did still wonder, if the Court of France
" had so great a desire as was pretended that the
" Prince of Wales should repair thither, that in the
" two months' time his Highness had been in Jersey
" they had never sent a gentleman to see him, and to
" invite him to come thither, nor had those who came
" now from the Queen brought so much as a pass for
" him to come into France ; that he could not but ob-
serve that all we had hitherto proposed to ourselves
from France had proved in no degree answerable to
our expectations, as the 5000 foot which we had
expected in the West before the Prince came from
" thence ; and that we had more reason to be jealous
" now than ever, since it had been by the advice of
" France that the King had now put himself into the
"hands of the Scots: and therefore we ought to be
" the more watchful in the disposing of the person of
" the Prince by their advice likewise." He concluded,
" that he could not give his advice or consent that the
" Prince should repair into France till the King's
" pleasure should be known, or such other circum-
" stances might be provided in France as had been
" hitherto neglected."

1 Lord Capell committed to paper his thoughts on the subject of the
Prince's removal to Jersey. These " Considerations upon his Highness

e<
it

42 LIFE OF LORD CAPELL. CHAP. V.

Lord Capell's prudent and reasonable advice was
overborne by the arguments of Lord Digby and Lord
Jermyn, and the generous offer of his own services was
disregarded in favour of their confident assurances of
the good faith of France and the assistance that
country was willing to afford the King whenever the
Prince was ready to take the command of the 30,000
men that should be immediately ready for his service
in England. The Prince made his own election be-
tween the Council appointed by his father and the
emissaries of the Queen and dupes of Cardinal Mazarin.
He declared he " would comply with the commands of
" the Queen, and forthwith remove into France ; and
" that he wished there might be no more debate on
" that point, but that they would all prepare to go with
" him, and that there might be as great an unity in
" their counsels as had hitherto always been."1 All
further arguments were useless : the Council could not
hold themselves responsible for acts they did not
sanction ; but one course, therefore, was open to them,
and, with one exception, the whole Council declined to
accompany him. That exception was Lord Culpepper,
who, though he appears to have concurred with Lord
Capell at Paris in wishing for delay till the King's real
sentiments were known, had been greatly won over by
the Queen or by the Cardinal to agree in the expe-
diency of the measure of the Prince's going to France.

" the Prince of Wales his going from Jersey into France" have been
preserved amongst his original MSS. in the possession of the Earl of Essex,
written in Lord Capell's own hand. — Tide Appendix U.
1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 403.

CHAP. V. THE PRINCE GOES TO FRANCE. 43

The Council broke up after much angry discussion.
The Lords of the Council told the Prince frankly that
" they conceived their commission to be now at an end ;
" and that they could not assume any authority by it to
" themselves if they waited upon him into France, nor
" expect that their counsels there should be hearkened
" unto when they were now rejected." 1 They then
took leave of him, and kissed his hand, whilst he de-
clared he would be gone the next day by five o'clock in
the morning. Contrary winds detained him four or five
days longer, during which time, with that easy good-
nature which distinguished him in after life, he con-
tinued to receive, with uninterrupted graciousness, the
Lords of the Council whose advice he had thus disre-
garded, and expressed to them his confidence " in their
" affections, and that they would be sure to wait upon
" him whenever his occasions should be ready for their
" service." On the 26th of June the Prince sailed
from Jersey, under the guidance of Lord Jermyn, Lord
Wilmot, and Lord Digby.3 To accompany those who
had so often betrayed their trust or been fickle in their
service, the Prince quitted the wise, the faithful, the
gallant Hopton, Capell, Hyde ! The seeds were surely
now beginning to be developed of that careless ingrati-
tude and heartless facilitv that made Charles, when in

•/ *

power, forgetful of those services that he should have
remembered and rewarded, the easy dupe to those who

1 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 403.

52 Ibid., p. 404.

3 Lady Fanshawe says, " It was about the beginning of July that the
" Prince left Jersey ; that they went to Cotanville, and from thence to
" Paris."— P. 63.

44 LIFE OF LOKI) CAPELL. CHAP. V.

flattered his inclination, and the willing prey to the
designs of evil counsellors.

The following letters, addressed by the remnant of
the Council to both the Queen and the King, do honour
to them for the respectful openness with which they
expressed their reasons for adhering to the cause
they deemed most consistent with their duty to the
King : —

The Lords Capcll and Hopton and Sir Edward Hyde to

the Queen.

May it please your Majesty,

Having, with all duty and faithfulness (agreeable to
the great trust reposed in us by our Majesty), presented unto
his Highness in Council our humble opinions and advice for
suspending his journey into France for a time till the condition
of his Majesty's affairs may be better understood, and his
positive commands received, and our reasons why we could not
attend his Highness thither, conceding ourselves to be of no
possible use to him in the managing the circumstances when,
in our poor understanding and conscience, we were against the
journey itself; we beseech your Majesty to make a gracious
interpretation of our absence, and to be assured that, as our
loyalty and affection to his Majesty's crown, and our devotion
to your royal person, hath been, and we are confident still is,
unblemished and unquestionable, so we are only waiting a fit
season and opportunity in which we may serve his Majesty and
his Highness as becomes us, and in the capacity of,

Madam,

Your Majesty's, &c,
— Clarendon State Papers, vol. ii. p. 239.

CHAP. V. DISSOLUTION OF THE COUNCIL. 45

The Lords Capell and Hopton and Sir Edward Hyde to

his Majesty.

May it please your Majesty,

Your Majesty's great justice and goodness will always
preserve your faithful servants from any misapprehension in
your Majesty of their affection and duty, and from any disad-
vantage that a misrepresentation of them may threaten ; and
therefore we are confident that your Majesty will pardon us
that we have rather chosen to wait a seasonable oppor-
tunity in this island to return to some condition and capacity
of serving your Majesty, than to attend his Highness into
France, where our attendance and counsel would be of no
further use to him. We should have been very glad if his
residence might have been continued here till your Majesty
might have been informed of the unquestionable security and
advantages of this island, and thereupon have signified your
royal pleasure. But as we shall always pray that his remove
may be as prosperous to him as his princely virtue and piety
deserves, so we shall employ all the faculties of our mind in
finding out any opportunity of serving your Majesty, as
becomes,

Sir,

Your Majesty's most dutiful

and most obedient servants,

ARTHUR CAPELL.

RALPH HOPTON.

EDWARD HYDE.
Jersey, this 15th of July, 1646.
— Clarendon State Papers, vol. ii. p. 240.'

1 Lord Clarendon alludes to this letter in another, written a few months
later ; and in that, and also a letter to Lord Jerrnyn, dated January 1,
11546-7, he evidently maintained the same opinions respecting the removal
of the Prince from Jersey. — Yide Appendix V.

46 LIFE OF LORD CAPELL. CHAP. V.

A remark of Lord Clarendon's, dated Jersey, July
31st, 1646, shows that the treatment the Council ex-
perienced from these friends of the Queen was not the
less felt by him, though he scrupulously abstained from
giving expression in his History to that which had been
personally painful to himself and others : " I conceive
" I have omitted very few particulars in this plain
" narration which in any degree had reference to the
" public : particular injuries and indignities to ourselves
" I have purposely omitted very many ; and, with
" modesty enough, I may believe that they who are
" the severest censurers of our whole carriage would
" not have committed fewer mistakes if they had been
" in our places and conditions." l

A few days after the departure of the Prince Lord
Berkshire returned to England ; Lord Capell, Lord
Hopton, and Sir Edward Hyde remained in the isle of
Jersey, to await the moment when they could again
appear in the King's service. They found means to
convey information to the King of all that had oc-
curred, and had the satisfaction to know that he rightly
interpreted the motives by which they had been ac-
tuated. It seems, however, that he thought he had
reason to regret that they had not accompanied the
Prince into France, believing, as Lord Clarendon says,
" that they might have been able to have prevented or
" diverted those violent pressures which were after-
" wards made upon him from thence, and gave him
" more disquiet than he suffered from all the insolencies

1 Clarendon's * Hist, of the Rebellion,' vol. v. p. 370.

CHAP. V. EVENTS AT JERSEY. 47

" of his enemies." The Council, however, probably
judged more rightly in their estimate of the amount of
power or influence they would have been able to exer-
cise had they followed the Prince into France. After
the rude storms and dangerous rocks and shoals through
which the Council had for sixteen dreary months been
anxiously steering their course, they must have felt on the
sudden cessation of their irksome task as those who have
exchanged the perils of the deep for the safety of some
haven of rest ; and it is a pleasure to dwell on that short
period of tranquillity and repose enjoyed without warring
or strife by those three of the Prince's Council who were
now peacefully settled in Jersey. Lord Clarendon thus
describes the manner in which they spent their time :2 —
Whilst the Lords Capell and Hopton stayed there they
lived and kept house together in St. Hillary's, which
" is the chief town of the island, where, having a chap-
u lain of their own, they had prayers every day in the
" church at 1 1 o'clock in the morning, till which hour
" they enjoyed themselves in their chambers according
" as they thought fit; the Chancellor betaking himself

" to the continuance of the History which he had be^un

«/ >—

" at Scilly, and spending most of his time at that

1 Lord Clarendon considered that, " if the King's fortune had been
*' farther to be conducted by any fixed rules of policy and discretion,"
the sudden removal of the Prince from Jersey would " have been looked
" upon and censured with severity as an action that swerved from
" that prudence which, by the fundamental rules of policy, had been long
" established ;" but that, " by the fatal and prodigious calamities which
" followed, all counsels of wise and unwise men proving equally unsuc-
" cessful, the memory of what had passed before grew to be the less
** thought upon and considered." — Clarendon's ' Hist, of the Bebellion,'
vol. v. p. 406.

2 See ' Life of Earl of Clarendon,' vol. i. p. 109.

48 LIFE OF LORD CAPELL. CHAP. V.

" exercise ; the other two walked or rode abroad, or
" read, as they were disposed; but at the hour of prayer
" they always met, and then dined together at the Lord
" Hopton's lodging, which was the best house ; they
" being lodged at several houses, with convenience
" enough. Their table was maintained at their joint
" expense only for dinners, they never using to sup,
" but met always upon the sands in the evening to
" walk, often going to the castle to Sir George Carteret,
" who treated them with extraordinary kindness and
" civility, and spent much time with them ; and, in
" truth, the whole island showed great affection to them,
" and all the persons of quality invited them to their
" houses to very good entertainments, and all other
" ways expressed great esteem towards them." The
first event that Lord Clarendon mentions as casting a
shade on this comparatively happy life was the unex-
pected death of their friend Sir Harry Kiliigrew. He
had been in the castle of Pendennis, serving with the
Governor, John Arundel, of Trerice, when obliged to
surrender in the latter end of September. Immediately
afterwards he wrote to his friends in Jersey, saying that
he was on the point of sailing for St. Haloes (in Brit-
tany), and requesting them to send a vessel from Jersey
" that he might join them there ; Lord Capell, Lord
" Hopton, and the Governor having an extraordinary
" affection for him, as well as Sir E. Hyde himself." l
In two days' time the vessel reappeared : the moment
it was in sight all made haste to the harbour to receive
him. They found the coffin that enclosed his body.

1 Clarendon's ' Hist, of the Rebellion,' vol. v, p. 425.

CHAP. V. LORD CAPELL LEAVES JERSEY. 49

He had received a wound in firing off a carbine after
the treaty was signed ; he thought the injury of no im-
portance at the time, but died the day after he landed
at St. Maloes. By his own desire his body was sent to
Jersey, and there interred. He had been a warm ad-
herent of the royal cause, and had been amongst the
first who received Lord Hopton, and assisted in raising
forces in the West. The little society at Jersey was,
in the course of a few months, again broken up : first,
by the departure of Lord Capell, which occurred about
the beginning of November, and afterwards by that of
Lord Hopton.

Lord Hopton, who received the news of his wife's l
death and his uncle's arrival at Paris, went thither to
join him.2 Sir Edward Hyde remained there for two
years, occupied in writing the history of the times 3 in

1 Elizabeth, daughter of Sir Arthur Capell (aunt to Lord Capell),
married, first, Sir Justinian Lewin, and secondly, Ralph Lord Hopton, of
Stratton.

2 Lord Clarendon says he left " with all possible profession of an entire
" friendship" with himself, "which was never violated in the least de-
" gree to his death." — ' Life,' p. 201. Lord Clarendon's letter to Sir
Edward Nicholas after that event shows the high estimation in which
he held his character and how much he grieved at his loss : — " I do

concur with you in your full sense of the irreparable loss in our good
Lord Hopton, who was as faultless a person, as full of courage, indus-
try, integrity, and religion, as I ever knew man ; and, believe me, the

" sad consideration of that instance of God's displeasure to us in the

" taking away such men from us makes my heart ready to break, and to

" despair of seeing better times.

" Palace Royal, this 2Gth October, 1652."— Clarendon's ' State Papers,'

vol. iii. p. 109.

3 Lord Clarendon describes his having " built a lodging in the castle of
" two or three convenient rooms to the wall of the church ;" and that
over the door of his lodging he set up his arms, with this inscription, —
" Bene vixit qui bene latuit."- — Life of Earl of Clarendon, vol. i. p. 202.
[The words transposed from Ovid, Trist. iii. 4, 25.]

VOL. II. E

50 LIFE OF LORD CAPELL. CHAP. V.

which he had lived, and describing those scenes in which
he had been called upon to act no inconsiderable part ; —
a work which, however variously judged by men of
different shades of political opinions or party predilec-
tions, has proved beyond dispute a legacy so rich in
historical facts and details, combined with acute obser-
vation, profound sagacity, and large experience, that
posterity has gratefully acknowledged and accepted the
inheritance.1

1 Philip Falle's Account of Jersey, p. 102 : published 1734. " Methinks
there is an honour reflected on this island from that immortal work having
been, at least in part, compiled amongst us, and written (as I may say)
with Jersey ink. His residence was in Elizabeth Castle, with his friend
Sir George M. Carteret ; and there I have seen still standing (and looked
on with a sort of veneration) the humble house 2 where that great and
good man spent the foresaid five-and-twenty months on that work ; the
house, in memory of him, retaining a long while after the name of ' La
Maison du Chancelier.' "

2 It stood in the lower ward of the castle, adjoining to the chapel, all
which ancient buildings are now demolished.

CHAP. VI. LOKD CAPELL'S ESTATES. 5 1

CHAPTER VI.

Fresh Measures respecting the Sequestration of Lord Capell's Estates — De-
sign of Lord Jermyn to surrender Jersey and Guernsey to the French —
Measures taken by Lord Capell and Sir E. Hyde to counteract this
Design — Lord Capell goes to the Continent — He returns to England,
and visits the King — The Prince removes to Holland, and sails from
thence to England — Royalist Movement in Kent and Essex under
Lord Norwich — He posts himself at Colchester.

DURING Lord Capell's residence in Jersey the disposal
of his estates was again made the subject of Parliament-
ary legislation. It appears that Cassiobury house, park,
&c., having been sequestered, had been rented by Lord
Essex.1 Lord Essex died on the 14th of September,
and on the 18th the Committee of Lords and Commons
for sequestration made an order for the house, &c., of
Cassiobury to be let to Sir William Brereton. On the
21st of October it was recommended by the House of

1 On the 16th of September in the preceding year (1645) an Ordinance of
Parliament was again passed for an annuity of 10,000?. per annum to be paid
to Robert (Devereux) Earl of Essex, stating that, notwithstanding an
Ordinance had passed to the same effect on the 26th of May, 1643, " that
" the same had not been paid to the said Earl as in right it ought to have
" been :" and accordingly the estates of Lord Capell, Sir Thomas Lucas,
Sir Charles Lucas, Sir Thomas Glenham, Thomas Fanshawe, and William
Peter, were to be made liable in future to the said Earl of Essex, " imme-
" diately from and after the passing of this Ordinance entering into and
" taking possession of all or any part of the premises, not being in lease
" for years or lives, and taking the rents, issues, and profits of all and
" siDgular, in as large and ample manner, to all intents and purposes," as
their owners might have done " before their deserting of the Parliament."
— Lords' Journals, vol. vii. pp. 601, 602.

E 2

52 LIFE OF LORD CAPELL. CHAP. VI.

Lords to the Committee for Hertfordshire that Lord
Pembroke should be preferred before any other person
as tenant for Cassiobury " with the house, park, lands,
" and other things the same as Lord Essex had it."
On the 26th of October the Committee returned for
answer a copy of the order to Sir William Brereton by
the Committee for Sequestration, but the Lords were of
opinion that that order should be disregarded, and re-
commended the preference being given to the Earl of
Pembroke,2 and on the 12th of November the House of
Lords recommended to the House of Commons that
the Earl of Pembroke should be the chosen tenant for
Cassiobury.3 The Committee of Irish Affairs had also
their resolutions to offer on the subject of Lord Capell's
estates, and on the 25th of September reported their
resolution to the House, that Lord Capell's estates
should be sold ;4 and on the 30th of October there ap-
pears an ordinance for appointing " the sale of the lands
" and estates of Lord Capell, and divers other delin-
" quents excepted from pardon,5 the proceeds to be dis-
" posed of for maintaining of the forces in Ireland."6

1 Journals of the House of Lords, vol. viii. p. 541.

2 Ibid., p. 545.

3 Ibid., p. 562. The following entry in one of the pamphlets of the
day would seem as if Lord Pembroke had not eventually become the
tenant : — " Sir William Brereton, Collonell Generall for the Cheshire
forces, hath Cashiobury, and other lands of the Lord Capel, worth 20007.
per annum, and the Archbishop's house and lands at Croiden, where he
hath turned the chappel into a kitchen." — The History of Independency,
p. 170. Volumes of bound pamphlets from 1642 to 1645, in the posses-
sion of the Earl of Essex.

4 Journals of the House of Commons, vol. iv. p. 676.

5 Marquis of Winton, Earl of Worcester, Francis Lord Cottington, &c.

6 Journals of the House of Commons, vol. iv. p. 710.

CHAP. VI. LORD CAPELL'S ESTATES. 53

Notwithstanding this disposal of his estates, Lord Ca-
pell now received an intimation from his friends that he
would do well for his interest to remove from Jersey
into some part of Holland. By this step he hoped at
least to obtain an interview with some of those with
whom he might confer on his affairs, and, above all, he
expected that his two eldest sons might come over to
see him.1 Holland was named, says Lord Clarendon,
in order " that, being in a place to which there could
" be no prejudice, his friends might the more hopefully
" solicit for liberty for him to return into his own
" country, and that he might live in his own house,
" which they had reason to hope could not be denied
" to a person who had many friends, and could not be
" conceived to have any enemies, his person being
" worthily esteemed by all."

This journey was not to be taken without first visit-
ing Paris, that he might have the Prince's sanction
for his return into England, if he might go there
upon honourable conditions.3 The plan of quitting
Jersey and the journey to Paris was adopted with the
full concurrence, and even by the advice, of his two
friends. It was not, however, undertaken by Lord
Capell solely on account of his own personal affairs.
Information of a design on the part of Lord Jermyn to
surrender Jersey and Guernsey to the French had been
received by the remnant of the Prince's Council still
residing in Jersey. The information came from several
sources unconnected with each other, and seemingly

1 Clarendon's * State Papers,' vol. ii. p. 288.

8 Life of Clarendon, vol. i. p. 201. 3 Ibid.

54 LIFE OF LORD CAPELL. CHAP. VI.

worthy of credit. This, together with Lord Jermyn's
faithless conduct in breaking his promises of provisions
and supply to these islands, or of repaying the sums
generously lent by the islanders to the Prince, gave
them just cause of apprehension as to the truth of the
design, and induced the most serious consideration of what
their own conduct should be under such circumstances,
ooth in regard to their personal allegiance and relation
to the King and the Crown and to their duty and
affection to their country.1 This led to an agreement
amongst themselves, entitled " Articles of Association
" entered into between the Lords Capell and Hopton,
" Sir Edward Hyde, and Sir George Carteret, for the
" defence of the island of Jersey against a supposed
" design of the Lord Jermyn to give it up to the
" French.": They unanimously arrived at the conclusion
that the " delivery of these islands into the hands and
" possession of the French cannot consist with the duty
" and fidelity of an Englishman, will prove most perni-
" cious and fatal to the person of the King and his
" posterity, an irrecoverable blemish to his cause, and
" will be applied in justification of all those scandals
" which have been laid upon the persons of the King
" and Queen, and of the proceedings which have been
" against them both ; that it will be an irreparable and
" perpetual damage and dishonour to the Crown of
" England and the English nation, by enabling the
" French to be masters of the sea and of the English
" trade, having Dunkirk already in their hands; to

1 Appendix W.

2 Clarendon's ' State Papers,' vol. ii. p. 279.

CHAP. VI. SURRENDER OF JERSEY. 55

" which those islands^ being added, they must have the
" whole power of the Channel, being the greatest road
" of trade of the known world, and an opportunity to
" seize on other useful islands and ports of England ;
" which damage and disadvantage no succeeding pros-
" perity and greatness of England will ever possibly

" recover." 1

To be prepared against this threatened danger they
unanimously agreed upon certain measures, by which they
first sought to ascertain the truth and extent of the design,
and next determined upon the fittest mode of defeating
a purpose so abhorrent to their feelings and principles as
Englishmen. It was arranged that Lord Capell should go
forthwith to Paris on his way to Holland ; that he should
on his road, and at Paris and at St. Germains, endeavour,
by all possible means, to ascertain " the ground and
" foundation" of the information they had received at
Jersey ; that he should in private conversation with the
Prince inform him of the rumour, and ascertain if he
was aware of the project, and show him " the damage,
" inconvenience, mischief, and infamy that would
" thereby attend his royal father himself and the Crown
" of England; that so his princely innocence might be
" preserved, and he be without the guilt, though he
" could not be without the loss, of what might happen."

If Lord Capell was satisfied that the design existed
and was ripe for execution, though pretending to pursue
his journey to Holland, he was to return to Jersey with
all possible haste, that they might decide on their

1 Clarendon's ' State Papers,' vol. ii. p. 280.

2 Ibid., p. 281.

56 LIFE OF LORD CAPELL. CHAP. VI.

further means of defence. If the design was not ripe
for execution, he was to pursue his journey to Holland,
securing means of information from some whom he
could trust at St. Germains, and to keep up a corre-
spondence with his friends in Jersey from Holland.
It was also agreed that, should the design be found
" ready and ripe for execution," Sir George Carteret
should send some discreet and faithful messenger to
the Earl of Northumberland, or to some other person
of honour in the service of the Parliament, to declare
his position as being trusted by the King with the cus-
tody and government of Jersey for his Majesty's use,
and to avow that a duty, " which he hath and will

V '

" willingly perform, and in which he hath done nothing
" but what becomes an honest man vested with such a
" trust." He was then to relate the design of which he
had been informed, and declare <; that, as a servant
" and subject to the King and Crown of England," he
would never consent to such a plan, " and on the behalf
" of the whole English nation to declare he abhors it as an
" unspeakable and irreparable loss and damage and dis-
" honour; that he doubts not the consequences of it will
" be easily understood, and therefore that a seasonable
" remedy may be applied ; that, though he be resolved
" not to give it up, he cannot be confident that he shall
be able long to keep it without seasonable and fit
supply for his assistance, which he knows not where
to ask but from England, for whose honour, benefit,
" and interest he is to keep it; that he hopes that his
" fidelity and affection to the Crown and nation of Eng-
" land shall not be so ill interpreted as to be made an

CHAP. VI. PREVENTIVE MEASURES. 5/

" occasion of any proposition or overture to him of
" giving it up to the Parliament against his faith and
" promise to the King, which he will by the help of
" God inviolably observe against all difficulties and
" dangers that may threaten him ; but if they think the
" interest and strength of this island worth the preserv-
" ing to the Crown of England, and will thereupon
" assist him in that manner that he may not lose that
" to the French which he will not give up, he doubts
not to be able to keep this island and castles till, after
a good understanding between his Majesty and all his
"subjects, the same shall be disposed otherwise; and
" in the mean time no prejudice or act of hostility
" shall be exercised from this island against his Ma-
" jesty's subjects in England. For the punctual obser-
" vation of whatsoever shall be agreed they shall not only
" have his own faith, but the engagement of persons of
" honour and interest now in the island who have
" always faithfully performed what they have under-
" taken."1

Lord Capell engaged also to endeavour whilst in
Holland to make that nation sensible of the damage
" they would sustain by the French being possessed of
" those islands," and then proceed to England to use
his best efforts there to give effect to that which had
been agreed upon, and to let his friends in Jersey know
" what is to be depended on and expected from thence,"
and that he should himself take care to levy and raise
" such a number of honest men, faithful to the King, as
" shall be thought necessary for the safety of the place,

1 Clarendon's ' State Papers,' vol. ii. p. 281.

58 LIFE OF LORD CAPELL. CHAP. VI.

" and transporting them hither." These articles of asso-
ciation concluded thus :-

" And because it is possible in the managing and ordering
this great work we may be divided in place, one from the other,
which is not to be but by joint consent, that every one may
have about him the grounds and rules he is to steer himself by,
which we do faithfully promise not to swerve from, we have
each of us signed four drafts of these resolutions, one of which
is with all due secrecy to remain in the hands of every one of
us, and not to be further or otherwise communicated than shall
be agreed between us or by the major part of us.

" Jersey ) the Old Style, this 13th October, 1646.

" ARTHUR CAPELL. RALPH HOPTON.
EDWARD HYDE. G. CARTERET."

A further agreement was drawn up between Lord
Capell and Lord Hopton and Sir Edward Hyde, the
generous object of which is best explained in its own
words : —

" Since it is very probable that upon this exigent and ap-
proaching danger Sir George Carteret may be enforced to
engage his and his friends' estates for the sudden provision of
necessaries, and in making fortifications to encounter so present
an attempt, to the which, if it would stand with our present
abilities, we would contribute our share, but that not being in
our power at this time, we have thought fit and do of ourselves
hereby voluntarily promise Sir George Carteret, that if God
shall bless us in such manner that we may be of use to him,
we shall use our utmost power to procure him full satisfaction
for those sums already disbursed by him in this island for his
Majesty's service ; and for what he shall now disburse either in
fortifications or provisions, upon this occasion, we do oblige our-
selves to him (if we see him not satisfied by the public, for

CHAP. VI. THEIR MOTIVES. 59

whose benefit it is laid out) to pay three parts of those disburse-
ments out of our own estates, as soon as it shall please God to
restore them to us ; holding it most unjust and dishonourable
that a person of so extraordinary merit towards the Crown and
nation of England, and his family, should be ruined or impove-
rished for doing so unspeakable a service for the kingdom. And
how vain and useless soever this promise and opinion of ours may
now appear, yet we have entreated him to receive it from us
out of a hope and confidence that there will be a time when
this engagement and testimony of ours (which they who know
us know could not have proceeded from any motive but of
honour and justice) will be of use to him or his posterity ; at
least it will oblige us, and all that depend upon us, to a just
acknowledgment of his merit.1

" October 24th, 1646." In Lord Clarendon's hand.

Whatever may have been the truth respecting the
supposed design of Lord Jermyn, it is to be presumed
that Lord Capell found no necessity for returning to
Jersey, and in December Lord Jermyn took occasion
to disdain in company the report concerning the
islands.2 The account of preparations for an event
which never took place may have but small pretensions
to be detailed in general history ; but as it is the pro-
vince of biography to note whatever tends to illustration
of character, intentions as well as conduct become im-

1 Clarendon's ' State Papers,' vol. ii. pp. 282, 283.

2 " Ten days since my Lord Jermyn took notice before much company
" of trie report of these islands, and said he believed the French had
" never such a thought ; but if they had, he hoped his friends had a better
" opinion of him than to believe that, upon any grounds or pretences what-
" soever, he could be made an instrument in so infamous a piece of villany.
" And if the French, indeed, should make any such attempt upon us, I
" believe they will receive a very sour welcome ; and take my word, our
" Governor is better fortified than his castles, which will hardly be taken."
— Clarendon's * State Papers,' vol. ii. p. 320.

GO LIFE OF LORD CAPELL. CIIAP. VI.

portant ; they afford an insight into feelings and prin-
ciples, and are therefore of value independent of the
contingencywhich would have brought them into action.
The circumstances in which the Prince's Council and
Sir George Carteret expected to be placed, and against
which they found themselves called upon to provide,
would have put to the test their strongest party feelings,
their own self-interest, their loyalty, and their patriotism.
In defending Jersey against the French they debarred
themselves from the power of retiring to France,
where at least they would have enjoyed personal safety ;
and in abandoning his journey to Holland Lord Capell
wrould have made no small sacrifice of his private feel-
ings and pecuniary interest. Lord Capell, Lord Hop-
ton, and Sir Edward Hyde had been personally engaged
in the field or in the Senate against the Parliamentary
party ; they had been deemed delinquents and excepted
from pardon by the Parliament, and were necessarily
imbued with the bitter animosities that invariably ac-
company civil strife. There are many, perhaps, who
under such circumstances would have given the prefer-
ence to a foreign ally over their domestic enemy,1 nor
could they be sure of the King's approbation; for, though
maintaining their allegiance to him, resistance to what-
ever the Queen approved was always liable to injurious
misconstruction, and it was but too probable that any

1 Many examples in ancient and modern history show how strong is
the tendency in a defeated political party at a time of civil conflict to
obtain the assistance of foreigners, and to conspire with them against their
own country. The history of the ancient Greek republics, and of the
Italian republics of the middle ages, to say nothing of the more recent
instance of the French Royalists during the revolution of 1789, exhibits the
workings of this principle.

CHAP. VI. LORD CAPELL IN HOLLAND. 61

act advised by Lord Jermyn would, through the
Queen's influence, be ultimately sanctioned by the
King. But neither private objects, party spirit, nor the
most devoted loyalty to their King outweighed the con-
sideration of what was due to their religion and their
country. They were Protestants, and would not yield
the people to Catholic rule ; they were Englishmen,
and were resolute to prevent her territory, let her rulers
be who they might, from passing into foreign pos-
session.

Lord Capell left Jersey at the end of October.
Lord Clarendon describes him as taking leave of his
friends with great tenderness, and as having " renewed
" the contract of friendship at parting in a particular
" manner upon foresight of what might happen." Lord
Capell's stay at Paris must have been short, as in a
letter of the 15th of November Lord Clarendon alludes
to the probability of his being then in Holland.1 Mid-
dleburgh in Zealand was the place at which he resided ;2
and on the 13th of February, 1646-7, a pass was
ordered in the House of Lords " for Lord Capell to
" come into England out of Holland or any part beyond
" the seas." The next entry shows that on the 13th of
March3 Lord Capell had arrived " from beyond the
" seas by virtue of an order of that House, and that his
" Lordship intended to apply himself to make his com-
" position for his delinquency;"4 and it is ordered that

1 Clarendon's ' State Papers,' vol. ii. p. 292.

2 Life of Lord Clarendon, vol. i. p. 201.

3 Journals of the House of Lords, vol. ix. p. 13.

4 It appears by the list of those who compounded, preserved in the State
Paper Office, that Lord Capell never did compound.

62 LIFE OF LORD CAPELL. CHAP. VI.

" the said Lord Capell is hereby confined to his house
" until the pleasure of this House be further signified."1
On the 15th of July it was ordered by the House
of Lords that Lord Capell should be released on bail
until the 1st of October, " he to enter into 1000/., and
" two sureties in 500/. apiece, to render himself a true
" prisoner at the same time." 2 He now enjoyed the
privilege of living at his own country-house,3 "where
" he was exceedingly beloved," and where he must
again have tasted the pleasures of domestic life with
his wife and children.4

About the middle of August the King was brought
by the army to Hampton Court, and thither Lord
Capell repaired to present his duty to his Majesty.5
He gave the King a full account of all that had passed
in Jersey before the Prince's departure, explained the
reasons which induced some of the Council to remain
there, and many other particulars of wilich his Majesty
was before imperfectly informed, whereby, as Lord
Clarendon feelingly adds, "he put it out of anybody's
" power to do the Chancellor of the Exchequer any
ill offices." 6 The King desired Lord Capell to write
to Sir Edward Hyde, saying, that whenever the Queen

1 Journals of the House of Lords, vol. ix. p. 78.

2 Ibid., 332.

3 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 475.

4 Whether he resided at Hadharn, or that he was now allowed to occupy
Cassiobury, does not appear either by the Journals or by family papers.

5 Clarendon's ' Hist, of the Rebellion,' vol. v. p. 476.

6 After this interview with Lord Capell the King wrote " with his own
" hand a very gracious and kind letter to Sir Edward Hyde, at Jersey,
" full of hope ' that he should conclude such a treaty with the army and
" Parliament, that he should shortly draw him and some other of his

CHAP. VI. LORD CAPELL RETURNS TO ENGLAND. 63

or Prince should require him to come to them, he should
not fail to yield obedience to their command. To
the Queen he also wrote himself, desiring she would
not fail to send for Sir Edward Hyde before the Prince
engaged in any action, that he might have the advan-
tage of his assistance. The King appears to have
spoken confidentially to Lord Capell as to future con-
tingencies ; he imparted to him " all his hopes and
" fears, and what great overtures the Scots had again
" made to him, and that he did really believe that it
<f could not be long before there would be a war between
" the two nations, in which the Scots promised them-
" selves an universal concurrence from all the Presby-
" terians in England ; and that, in such a conjuncture,
" he wished that his own party would put themselves
" in arms, without which he could not expect great
" benefit by the success of the other;" and "therefore
" desired Lord Capell to watch such a conjuncture, and
" draw his friends together, which he promised to do." l
The Scotch Commission now at Hampton Court were
full of professions of duty to the King, loudly com-
plained of the presumption of the army in having seized
his person, and satisfied all those who were most true
and constant to his cause " that their whole nation
" would be united to a man in any enterprise for his
" service." To the Marquis of Ormond, to Lord
Capell, and to other trusty persons, these Commissioners

" friends to him.' He thanked him for undertaking the work he was
" upon, and told him he should expect speedily to receive some contribu-
" tions from him towards it." — Clarendon's ' Hist, of the Rebellion,' vol.
v. p. 476.

1 Ibid., pp. 476, 477.

64 LIFE OF LORD CAPELL. CHAP. VI.

communicated their future hopes and plans. The fol-
lowing spring these plans were intended to come into
operation. About the beginning of May, 1648, Lord
Capell, who had kept up a constant correspondence
with Sir Edward Hyde, informed him " that all things
" were now so ripe, that he believed the Prince would
" not find it fit to remain longer in France," and con-
jured him to attend his Highness so soon as he was sent
for.1 About the middle of May the Queen, according
to the King's order, sent to Sir Edward Hyde, com-
manding his attendance upon the Prince at the Louvre
upon a particular day.2 Sir Edward Hyde started im-
mediately from Jersey; but, in the mean time, the
Prince had gone to Calais, and orders were sent to
command him, together with Lord Cottington, Secretary
Nicholas, and others, to remain at Rouen till they re-
ceived the Prince's further orders from Calais. In a
few days they heard he had proceeded to Holland, from
whence they were promised to receive notice " how
" they should dispose of themselves."

The Prince had been called to Holland by a circum-
stance which naturally tended to raise the hopes of the
Royal party. A portion of the fleet had revolted from
the service of the Parliament, and went over to Holland,
where it was known the Duke of York then was, and whom

1 Clarendon's ' Hist, of the Eebellion,' vol. vi. p. 21.

2 That clay was past before Sir Edward Hyde received the letter.

3 Upon the receipt of this information they removed from Rouen to
Dieppe, that they might the more easily embark for Holland, and also
because the road between Eotien and Calais was rendered dangerous to
travellers, unless strongly guarded, from the bands of robbers by which it
was infested. — Clarendon's ' Hist, of the Eebellion,' vol. vi. pp. 22, 23.

CHAP. VI. THE PIUNCE SAILS UP THE THAMES. 65

they intended to be their Admiral.1 The Prince, accom-
panied by Prince Rupert, Lord Culpepper, and Lord
Hop ton, proceeded to Helvoetsluys, and, taking com-
mand of the fleet in place of his brother, sailed first for
Yarmouth lioads, then for the Downs, and afterwards
entered the Thames. At the same time a commotion
in Kent, in favour of the King, began to give uneasiness
to the Parliament. These disturbances soon grew into
more important movements. Lord Norwich2. put him-
self at the head of the forces in Kent, and Lord Fairfax3
was appointed to march against them.4 The Kentish

1 The Duke of York had recently escaped from the custody of the Earl
of Northumberland at St. James's. When the King had formerly ap-
pointed the Earl of Northumberland Admiral, it was inserted in his com-
mission " that he should enjoy that office during the minority of the
" Duke of York." This determined the seamen to put themselves
under the command of the Duke of York, then but fifteen years of age.
The Duke made all possible haste to assume his command, went on board
the Admiral, appointed his Vice- Admiral and other officers to several ships,
and was in haste to be out at sea. The Prince, hearing his brother had
gone from the Hague to Helvoetsluys, embarked also in the greatest haste,
lest he should be in action before him, and arrived in time : he was received
with acclamations bv the fleet, of which he immediately took the com-

*/ * «/

mand, leaving the Duke of York, to his great disappointment, to remain
at the Hague. — Clarendon's ' Hist, of the Rebellion,' vol. vi. pp. 33, 35.

2 Lord Goring had been created Earl of Norwich by Charles in 1644.
The Parliament denied, however, the right of the King to create new
titles or dispose of offices from the time the Lord-Keeper Littleton fled
from Westminster to York, when they declared " that nothing which
*' should from that time pass under the Great Seal should be good and
" valid, but null and void." The Earl of Norwich was always called by
the Parliamentary writers by his former title of Lord Goring, and hence
great confusion has arisen between the Earl of Norwich and his eldest son,
Lord Goring, whose conduct in the West has been already described.

3 Ferdinand, second Lord Fairfax, having died 1647, his son, Sir Thomas,
had succeeded to the title.

4 Other efforts had been made, and with success, by the Royalists. On
the 28th of April Sir Marmaduke Langdale surprised Berwick, and Sir
Philip Musgrave possessed himself of Carlisle.

VOL. II. F

66 LIFE OF LORD CAPELL. CHAP. VI.

forces had marched as far as Blackheath, but, on
Lord Fairfax's advance, they were, after a hard but
unsuccessful resistance, obliged to retreat. The Earl
of Norwich, with all that remained under his com-
mand, crossed the river at Greenwich, and passed
over into Essex. There they found many who were
ready prepared to have assisted the force which had
so openly appeared for the King,1 and who had
actually intended to have passed over into Kent, had
they not been prevented by this unexpected arrival
of the Earl of Norwich and his troops. Here were
met together " the brave Lord Capell,2 Sir William
" Compton, Sir Charles Lucas, Sir George Lisle, all
" excellent officers, Sir Bernard Gascoign, and many
" other gentlemen and officers of name, who had drawn
" together many soldiers." The united forces of Kent
and Essex now mustered about " 3000 strong of horse
" and foot, with officers enough to have formed and
"commanded a very good army."4 It was expected
that Lord Fairfax would quickly follow into Essex, and
they resolved therefore to take up their quarters in
Colchester. On the 12th of June they entered the
town, and determined there to await the arrival of the
enemy.

1 Hist, of the Rebellion, vol. vi. p. 61.

2 Lord Capell held the Prince's commission as Lieutenant-General of
the counties of Essex, Norfolk, Suffolk, Huntingdon, and Hertford.—
Appendix X.

3 Hist, of the Rebellion, vol. vi. p. 61. 4 Ibid.

CHAP. VII. ADVANCE TO COLCHESTER. G7

CHAPTER VII.

Lord Fairfax advances to Colchester and assaults the place — He is Re-
pulsed, and lays Siege to the Town — Lord Norwich seizes a Committee
of Parliament - The Parliament seize Lord Capell's Son — The latter
is liberated — Progress of the Siege — Scarcity of Food — Expulsion
of the Women — Mutiny of the Garrison — Lord Norwich treats for

Surrender — Terms of Surrender — The Garrison evacuate the Town,
and become Prisoners of War.

COLCHESTER was a large and populous place, but not
fortified ; it was necessary, therefore, that no time
should be lost in throwing up such works as should
serve to protect the Royalist force from assault: they
hoped also to receive assistance from other friends,
and more particularly from the Scottish army, before
they could be seriously distressed.1 One night only
was afforded to Lord Norwich's troops for rest after
their arduous work, for on the following day, the 13th,
Lord Fairfax advanced at the head of the Parliamentary
forces within a short distance of the walls, and sum-
moned him to surrender. Lord Norwich, with ill-
timed jocularity, asked the trumpeter "who brought
" the summons how his General did, and bid him tell
" his General that he heard he was ill of the gout, but
" that Goring would cure him of all diseases." The
soldiers were naturally irritated by this tone of insulting

1 Hist, of the Piebellion, vol. vi. p. 62.

2 Whitelock's ' Memorials,' p. 308.

F 2

68 LIFE OF LOBD CAPELL. CHAP. VII.

buffoonery towards their commander, and it much in-
creased the fierceness with which the attack on the
town was instantly commenced. Had Lord Norwich
been well supplied with ammunition, the precipitancy
of this attempt might have been fatal to Fairfax; but
those who for a while had saved the town from actual
assault by keeping up an incessant fire, having at last
expended their powder and ball, were then compelled to
abandon their strongholds.1 A regiment of foot in-
stantly rushed forward, forced an entrance through the
gate, and the soldiers were about to abandon its further
defence, but were again rallied by the example of
their officers and gentlemen. Then appeared in the
midst of the battle Lord Capell, " whose height and
" strength of body, no less than personal courage, well
" fitted him for the encounter," charging where the
enemy was most pressing with pike in hand, and was
followed by others, till a passage was effected, the enemy
repulsed, and the gates again closed; no bar could be
found to render them secure, and a cane of Lord CapelTs
was used to pin the gates, so as to prevent the re-
entrance of the assailants. In the confusion of this
violent struggle some of Lord Norwich's owrn troops
were shut out with the enemy, and were immediately
made prisoners. A piece of ordnance was next brought
to the gate, but, whilst attempting to complete their
work, they were received by such a volley from the
walls and neighbouring houses as obliged them to

1 The Crouched Friars, the residence of Sir Harbottle Grimston, and
St. Catherine's Hospital.

2 History of Colchester, vol. i. p. 152.

CHAP. VII. ASSAULT OF COLCHESTER. 69

make a precipitate retreat, and the following day this
piece of ordnance was added to the stores within the
town. The fight continued for seven or eight hours.
The assaults were as fierce as the resistance was vigorous,
and it is surprising that the numbers slain were not
still greater than they are reported to have been. The
number killed on each side is differently stated by the
opposite parties, but all agree in making the loss in
Fairfax's army considerably greater than in Lord Nor-
wich's.1 Before their retreat from the town the Parli-
amentary soldiers exercised a cruel vengeance in setting
fire to some houses near the gate ; the activity, however,
of Lord Norwich's troops succeeded in stopping its
course, and thus spared the inhabitants from the horrors
of incendiarism, though they were reserved for a fate
little less dreadful in the prolonged miseries and priva-
tions incident to a close siege of eleven weeks.

The result of the day's work convinced Fairfax that
the city was not to be taken by assault ; he therefore re-
treated to Lexden, and commenced operations for cutting
off all supplies and reducing the town by famine. His
plans were conducted with admirable skill, and forts were
erected, sometimes under cover of the night, and some-
times in spite of the cannon by which they were assailed,
till a continued line was secured from one redoubt and
fort to another. Lord Norwich was no less active in
gathering in provisions, and got possession of all the
stores collected at Hythe for exportation, and the

1 Carter says, about 700 ; their own account, about 100. The Diary
of the Siege, published by authority, states Lord Norwich's loss at 80 ;
Carter says, about 40.

70 LIFE OF LORD CAPELL. CHAP. VII.

•

greatest exertions were made to repair the walls and
strengthen every place that was weakest.

On the 1 6th of June Fairfax's army was reinforced
by the arrival of five regiments from Suffolk, and on
the 18th by six companies from Chepstow Castle: 110
succours came to the besieged ; five or six hundred men
that had been raised for their assistance were defeated
and dispersed by a detachment from Fairfax's forces.

Fairfax's army was now so superior in numbers to
Lord Norwich's, as not only to render desperate any
chance of success in an engagement, but also materially
to interfere with those expeditions of foraging parties by
which provisions were gathered from time to time by
the besieged. The prospect was most unpromising, and
amongst the prisoners at Colchester there were some
who anxiously desired to become mediators for peace.
A Committee of Parliament were sitting on business
at Chelmsford when Lord Norwich passed through that
town. The members of this Committee were immedi-
ately arrested, and had been conveyed with the army to
Colchester. They now naturally dreaded for themselves
the consequences of a siege, or the destruction of the
town ; and they anxiously sought for and obtained leave
of Lord Norwich, Lord Capell, and Sir Charles Lucas
to address Lord Fairfax in writing on the subject of a
treaty. The result was fruitless. Fairfax's conditions
were, that all of the rank of common soldiers should
have leave to go home, whilst the officers and com-
manders were to go into voluntary exile, engaging not
to return without leave of Parliament. Lord Norwich,
Lord Capell, and Sir Charles Lucas declined these

CHAP. VII. HOSTILITIES CONTINUED. 71

proposals, by which they would at once have excluded
themselves from all power of further participation in
the cause for which they fought ; and they returned for
answer, that, as the general peace of the kingdom
had been the original cause of their taking up arms,
they could not accept of any treaty which did not con-
duce to that object, and which referred only to the
cessation of hostilities between them and Lord Fairfax's
army.

Gentlemen were now privately despatched from
Colchester, with commissions to raise men in the
counties of Norfolk, Suffolk, and Cambridge ; but they
found the bridges destroyed, and the passes so strictly
watched, that, after braving the dangers of- passing
through the enemy's quarters, they were obliged to
return on their steps. All intercourse between Col-
chester and the rest of the country was interrupted,
and those whose daily subsistence depended on the
prosperity of trade soon found themselves unemployed
and destitute. The manufacturers could neither relieve
the wants nor resist the cries of their workmen. Ac-
cordingly, a petition from the say and bay makers was
presented to Fairfax, praying for liberty to continue
their trade with London.1 This was not allowed ; but

1 " In 1360 the fugitive Netherlanders taught the English to make
" saves, bayes, and other slight stuffs." In the reign of Elizabeth the bay-
makers settled chiefly at Colchester and its neighbourhood, in Essex, ever
since famous for that useful and profitable manufacture, so much in
request in the warmer climates of Europe and America. The bayes, sayes,
and other slight woollen goods, are what are usually called the new
drapery, as being so much later introduced into England than the old
drapery of broadcloth, kerseys, &c, — Macpherson's ' Annals of Com-
merce,' vol. ii. p. 145. In the reign of Charles II. the Parliament passed

u
u

72 LIFE OF LORD CAPELL. CHAP. VII.

it is much to the credit of Fairfax's humanity that he
so far took pity on their distress as to permit the offer
being made of " sundry gentlemen of quality and towns-
men of good estates, and eminent in trade, to buy all
the bayes and sayes in the town at the usual prices,
and to pay for them within a fortnight after the town
" should be rendered to him ;" though he declared it to
be " without example to a besieged town, he further
" gave leave for these commodities to be brought to a
" heath near the town, to be bargained or returned
" back as there shall be occasion." 1 A message was
sent from Lord Capell, desiring therefore that an agent
of the save and baye makers of the town might come
and treat with the General about their free trade, and
the manufactures on hand were thus disposed of.

In a spirit that can boast of little generosity did the
House of Commons now act towards those enemies with
whom, as fellow-countrymen, they were so peculiarly
bound to observe every principle established amongst civi-
lized nations to mitigate the horrors of war. Orders were
issued to the militia to seize on the eldest son of Lord
Capell and on Bishop Wren, that they might be added
to those who were to be sent down to Lord Fairfax, and
offered in exchange for the Committee detained as pri-

an Act in favour of the Dutch or Flemings at Colchester, who, in Queen
Elizabeth's time, brought the manufacture of bayes into England.
Henley, the Governor of the Dutch Bay-hall in that town, and the Dutch
people belonging to that community, were confirmed in all the privileges
and immunities which they had at any preceding time enjoyed ; and all
bayes in that town were directed to be carried to their Row-hall, to be
searched and stamped before they be sold. — Macpherson's ' Annals of
Commerce,' vol. ii. p. 492.

J Wliitclock's ' Memorials/ p. 311.

CHAP. VII. SEIZUEE OF LORD CAPELL'S SON. /3

soners at Colchester.1 The order was peremptory, and
was obeyed. The youth of the one, and the sacred

V *

profession of the other, which alike precluded both from
bearing arms, secured no exemption from this harsh
measure, and a boy of sixteen, with an aged bishop,
were seized and sent prisoners to the camp, to be ex-
changed against men who, if not soldiers, were at least
actively employed in the service of the Parliament when
captured at Cheltnsford.2 These newly-made prisoners
were to be exchanged or used as the Committee of

1 Appendix Y.

2 The following extract from n Boyalist pamphlet of the day shows that
propositions still more barbarous had been proposed and supported, though
not carried, in the House, it is to he presumed, as they were never acted
upon : — -

" Thursday, 15th June. — Mr. Solicitor reported to the House that Sir
" William Massham and the rest of the Committee were carried up and
" down in the head of Goring's [Earl of Norwich] army, hardly used, and
" threatened to be set in the front of the battle when they came to fight ;
" and moved that twenty of the King's party should be seized, and sent
" to the Gene-rail, to be used in the like manner. But Gourdon moved
" that the Lady Capell and her children, and the Lady Norwich, might
" be sent to the Generall with the same directions, saying, Their hus-
" bands would be carefull of their safety ; and when divers opposed so
" barbarous a motion, and alledged the Lady Capell was great with child
" and neer her time, Gourdon pressed it the more eagerly (as if he had
" taken the Generall for a man-midwife). He was seconded by yen, Sir
" Henry Mildmay, Thomas Scott, Blackstone, Hill of Haberdasher's Hall,
" Purefoy, Miles Corbet, &c. Note that Eushworth (Secretary to the
" Generall) reported at the Commons' bar, The Committee were well used,
" and wanted nothing. And though they have had many fights and
" sallies, they did never put any of the Committee in the front ; so that
" it should seem this is only a fabulous pretence to carry twenty of the
" King's party in front before them to facilitate and secure their approach
" against the enemy's shot : which is the more credible, because the sense
" of the House was not to exchange these for the Committee. This is to
" cheat the enemy of a town, not to conquer it," — The History of Inde-
pendency, p. 102. Vol. v. of Pamphlets in the possession of the Earl of
Essex.

74 LIFE OF LORD CAPELL. CHAP. VII.

Essex might be then in restraint with the Lord Goring.
Towards the end of June they were offered in exchange
for Sir John Masham and the Committee, and by the
same messenger a complaint was made, on the affidavit
of two deserters, against Lord Norwich and the officers,
for having ordered chewed bullets, and bullets rolled in
sand, to be delivered out of the stores. This accusation
was indignantly repelled by the commanders at Col-
chester, though they owned the necessity of having
recourse to " rough-cast slugs, as being the best they
" could send on a sudden." Lord Capell felt deeply
the unfair advantage attempted by the enemy in thus
obtaining possession of his son, and he is said to have
written word in particular to Fairfax, " that it was in-
" human to surprise his son, who was not in arms, and
" afterwards offer him to insult the affection of a father :

1 Whitelock's ' Memorials,' p. 113. — History of Colchester, vol. ii.
p. 178.

The following letter shows that Lord Capell and Sir Charles Lucas
considered themselves not only entitled to return this accusation, but to
complain of other ill-usage : —

Arthur Lord Capell and Sir Charles Lucas to Lord Fairfax, complain-
ing of the ill-usage of their men taken prisoners.

" MY LORD, — Wee are informed by divers of our people, both prisoners
" and others, that those people of ours ware rudely stript and wounded
" after they ware taken yesterday. Wee assure you our usadge to yours
" have been farre more civile, as your owne men can justify. Wee desire
" to knowe ho we you will proceede for the future ; and further, wee give
" you notice that since our last to you wee have found divers bulletts
" which were chawd in our wounded men, and in somme of the prisoners
" musketts that ware taken.

" Your servants,

" ARTHUR CAPELL,
" For the Lord Fairfax." " CHARLES LUCAS.

— Ellis's ' Original Letters,' First Series, vol. iii. p. 305. MS. Donat,
British Museum, 1519, orig.

CHAP. VII. SIEGE OF COLCHESTER. 75

" however, he might murder his son if he thought proper
" so to do, and he would leave his blood to be avenged as
" Heaven should think fit." 1 Lord Norwich's reply was
much in the same spirit concerning Lord Capell's son ;
he returned for answer, " that he conceived it inhuman,
" and that, if all the Committee had been offered to
" him, he would have disdained the motion ; and that
" he joyed to see any of his (if no other way, yet by
" their suffering) pay the duty they owe to the King
" and known laws." In the mean time Lady Capell
petitioned the House of Lords for her son. The House
of Lords forwarded the petition to the Commons, dis-
claiming any order for his arrest having proceeded from
their House, and desiring therefore that he might be
restored to his mother.3 On the 4th of July4 it was
resolved that a letter should be sent to the General, to
return Lord Capell's son, then in his custody. On the
1 1th of July a pass was sent him to return to his mother,
and a letter of thanks was addressed by the Speaker of
the House of Lords to Lord Fairfax for releasing Mr.
Capell.8

The siege proceeded with various success ; the con-
stant efforts of the besiegers to complete their work

1 Vide p. 65 of « A True Relation of the Siege of Colchester in 1648,'
published at Colchester 1799. — This book is nearly a paraphrase of Car-
ter's ' Most Exact and True Relation,' &c., but with some additions, of
which Lord Capell's answer is one. The first part of this answer, down
to " father," is quoted by the author of ' The History of Colchester,' vol.
ii. p. 209.

2 Whitelock's ' Memorials,' p. 312.

3 Journals of the House of Lords, vol. x. p. 353.

4 Ibid., p. 361.— Vide Appendix Z.

5 Ibid., p. 375. — Appendix Z.

76 LIFE OF LOfiD CAPKLL. CITAI>. VII.

•

were often impeded by the firing of the besieged from
the walls, or from neighbouring dwellings. The house
of Sir Harbottle Grimston, having furnished for a time a
safe cover to the besieged for this mode of annoyance,
was assailed by cannon, and the forces dislodged; the
soldiers then deliberately set it on fire as they retired
to safer quarters. On the 5th of July an attempt was
made to dislodge Lord Norwich from his quarters in
the suburbs by setting fire to a tanner's house, so that
the flames might spread. The scheme failed, but the
result of this and other attempts on that side of the
town determined the besieged upon making a resolute
sally, which so far proved successful that the loss was
trifling on the part of Lord Norwich compared to that

incurred bv Lord Fairfax.

Lord Norwich had, up to this time, contrived to pro-
cure enough of corn and other provisions to maintain
his forces. Windmills were burnt down in the night by
the enemy, but horse-mills were instantly erected, and
the means of grinding corn was thus preserved. The
work of the siege still, however, made considerable pro-
gress. They had already advanced close upon the town,
and had secured the passage of the river. On the 12th
of July the Hythe, whence Lord Norwich had drawn his
principal stores, fell into the hands of the enemy, and
enabled him to get possession of the Abbey of St. John's,
the residence of Lord Lucas, a place of some strength
and importance. It was gallantly defended by about a
hundred men, but was carried by storm on the 13th.
The soldiers rushed into the breach their heavy cannon-
ading had effected, and looked for plunder as the fruits

CHAP. VII. SIEGE OF COLCHESTER. 77

of their victory ; the family vault was broken open to
seek for the treasure which they had looked for in vain
elsewhere. The graves were desecrated, the bodies of
Lady Lucas and Lady Killigrew, which time had yet
spared, were dismembered and thrown out, and the hair
was actually cut off and borne away in the hats of the
soldiers as trophies of their revolting triumph.1 On the
15th of July overtures were addressed to the besieged
soldiers by Lord Fairfax. This step was strongly re-
probated, as contrary to the usual practice of war ;
Lord Norwich, Sir Charles Lucas, and Lord Capell
threatened Fairfax that, if similar attempts should be re-
peated, the messenger would be hung up as an example.2
By the 20th of July, two sallies having been pre-
viously made in vain, the town was reduced to great
straits for want of provisions; scarcely any corn was to
be found, and of living animals that could be converted
into food horses alone remained. One-third of them
were slaughtered, part for immediate use, and part to
be salted and kept in reserve ; and such was the re-
joicing of the soldiers at this event, " that a horse was
" roasted whole, as a general feast, at the commence-
" inent of this new diet."3 Some few of the soldiers,
alarmed at the prospect now before them, deserted, but
the rest gallantly resolved to abide yet greater evils,

1 Carter says, this disgusting scene was described to him and affirmed
by an eye-witness.

* "Whitelock mentions this threat as a scornful answer to Fairfax's
summons to surrender, that the shedding of more blood might be spared ;
but omits that the reason of such an answer being sent was this attempt
to treat with the soldiers independent of their commanders.

8 Vide Diary.

78 LIFK OF LOUD CAPBLL, CHA*. VII.

rather than deliver themselves " upon base and disho-
" QOUrable terms." It is probable that Fairfax would
have proceeded ere now to carry the town by storm,
had it not been from the fear of consequences to the
Parliamentary Committee, and to the officers and

soldiers who were prisoners within the walls. Fresh
offers were made for the exchange of the Committee,
but, with the single exception of Sir John Masham,
who was exchanged for Mr. John Ashburnham, the
besieged refused to yield on this point.2

On the 25th July arrows were shot into the town by
the besiegers, with papers addressed to the common
soldiers, promising them passes, and quarter, and to go
to their homes, if they would deliver up Lord Norwich,
Lord Capell, and others of their chiefs.3 This appeal
failed in its intention. On the 26th preparations were
begun for bombarding the town, and an attack was
made on a mill below the bridge. The mill was set on
fire, and the supply of water cut off. The officers within
the town determined to show their soldiers that the
service of greatest danger was not thrown upon them
only to perform. A party of officers and gentlemen
sallied forth at the Rye-gate, and fought with such de-
termination as beat the enemy from the mill, and bv

» •/

this resolute repulse the town was saved from further
assault that night. Nor was this the onlv occasion on

which this same spirit was shown by the leading officers
of Lord Norwich's army. Carter mentions, still later

1 Vide Carter.

2 Carter, and Whitelock's ' Memorials,' p. 319.
8 AYhitelock's ' Memorials,' p. 319.

CHAP. \71I. SIEGE OF COLCHESTER. 79

in the siege, " that Lord Capell, marched himself
" a- foot, with a halbert on his shoulder at the head of
<; his company, to be guard that none might make any
" scruple of acceptation against it." The besieged
had been actively preparing every means of defence
against the intended assault. Trenches were dug be-
hind the walls, scythes fitted with long handles were
prepared, and pitch and tar were kept boiling all night
to throw upon the assailants should they attempt to
fulfil their intention.2

The knowledge of the preparations, together with
the daily news which Fairfax received of the defeat
of the Royalists in every quarter from whence Lord
Norwich might have hoped for succour, and, above
all, the consciousness that famine and disease were
working as surely within the walls for his triumph
as any efforts of his own from without, determined
him again to delay the intended assault. By the end
of July even horseflesh had become a luxury ; dogs,
cats, and every animal that could be procured, were
eagerly devoured ; hay, corn, and straw, and even
thatch from the buildings, the green boughs and leaves,
were eaten up by the horses. Desertion, no less than
disease, was the inevitable consequence of such desti-
tution ;3 and, by the second week in August, the in-
habitants became most clamorous for surrender. Lord

1 Carter, p. 167.

2 History of Colchester, p. 213, and Whitelock's * Memorials,' p. 318.

3 " Divers soldiers, horse and foot, a lieutenant, a cornet, and an ensign,
" came out of the town to the General, and said that many more of their
" party waited for an opportunity to do the like, and were weary of eating
" horseflesh."— Whitelock's < Memorials,' p. 321.

80 LIFE OF LOUD CAPELL. CHAP. VII.

Norwich asked leave of General Fairfax, on the 16th of
August, to send to Prince Rupert, and offered to sur-
render if not relieved in twenty days. Fairfax's answer
was the repetition of his original conditions On the 21st
the inhabitants renewed their piercing clamour for bread,
and Lord Norwich consented to their going forth from
the town to throw themselves on the mercy of Lord
Fairfax, and to petition for leave to disperse themselves
over the country for the preservation of their lives.1 In
answer to this petition, Fairfax offered to the military
leaders certain conditions, and amongst the most im-
portant was the instant release of the Parliamentary
Committee.2 These terms were not acceded to, and a
dreadful scene was enacted soon after outside the town-
gates. Five hundred wretched women had quitted the
town, hoping to escape from impending starvation, but
they were threatened with death and insult from the
enemy's camp, and driven back to the gates.3 Those
within were equally unwilling to receive them, for every

1 Such was the state of distress to which the inhabitants were reduced,
that Whitcluck mentions that " one of the horse of the Parliament
*' sentries being killed, many of the town came forth to fetch in the dead
" hcrse ; and divers of them were killed, yet got not the horse. The next
" day they came again, and ventured their lives to cut off pieces of the
" stinking dead horse to satisfy their hunger." — Whitelock's 'Memorials/
p. 326.

2 Vide Appendix A A.

3 Whitelock's ' Memorials,' p. 32G. — The rigour with which the
Parliamentary Generals adhered to this regulation of allowing none to
pass the line, is strongly illustrated by a circumstance mentioned by
Whitelock : — " A woman with five children (one sucking at her breast)
" came out of the town and fell on her knees before the Parliament's
" guards, begging leave to pass the line ; but they were forced to turn
" her back again, lest hundreds more should follow, to the ' prejudice of
" the service.' "—P. 325.

CHAP. VII. SIEGE OF COLCHESTER. 81

claimant for sustenance was regarded as an enemy, and
it seemed doubtful whether they would perish by the
fire of the enemy or rejection by their friends ; but they
were at length forced back upon the town to swell the
misery of the exhausted inhabitants.

However dreadful such scenes must have been
to witness, and even painful to describe, it must be
remembered that they are the necessary consequences
of war ; and that in the present case no charge
of inhumanity can be justly laid to the besiegers
greater — if as great — as to the besieged ; the duty of
both parties was to do the best in their power, con-
sistently with the rules and usages of war, to weaken
their enemies and save their own soldiers. The duty of
Lord Fairfax was manifestly to obtain his triumph with
the least amount of suffering to those under his com-
mand, and to permit a portion of the inhabitants to
escape was to enable the provisions of the town to last
longer for the support of the besieged army. Lord
Norwich had it in his power, by the compliance with
certain conditions, to spare a portion, at least, of the
inhabitants from present suffering ; but he and his
council deemed the terms proposed inconsistent with
their honour and ch nice of ultimate success. The gates,
however, should have been more readily opened to
admit the re-entry of the women driven back upon
those who were bound to protect them to the best of
their power, if they could not procure their release.

Arrows were now again shot into the. town, with papers
affixed to them with such offers as would tend to dis-
unite the soldiers from their officers, but the arrows

VOL. II. G

82 LIFE OF LORD CAPELL. CHAP. VII.

were indignantly sent back to the enemy. One of the
Essex Committee, who were held prisoners, offered
his services to intercede with Fairfax for better terms ;
and Lord Norwich, Lord Capell, and Sir Charles
Lucas sent a letter to Fairfax to the following effect:
that, the " officers advising upon his former letter (de-
" manding the persons of all the officers with them
" above the quality of captains to render themselves to
" mercy), it was unanimously resolved by them not to
" yield to the mercy of any other but that of God
" alone ; that to avoid the effusion of blood, they sent
" now the lowest conditions which in honour they can
" receive, conceiving the like have never been refused
" to any lower reduced than they." Fairfax returned
for answer, that, as the terms he had proposed before
had been offered when he looked upon their condition
as far better than at present, both in relation to them-
selves within and their expectation of relief from
without, it could not be expected of him, now that their
posture was worse, that their conditions should be better,
and that he was therefore still resolved not to grant
such terms as were demanded by them.1

The besieged were now7 almost driven to extremities ;
their ammunition was nearly exhausted, and one more
effort only seemed left within their power by which they
might hope to free themselves, or die. On the 23rd
of August, Lord Norwich, Lord Capell, Sir Charles
Lucas, and the rest of the officers and gentlemen, pro-
testing against all conditions by which their liberty
might be infringed or their honour blemished, entered
into a solemn engagement not to desert one another

1 Whitelock's ' Memorials/ p. 328.

CHAP. VII. THE GARRISON MUTINIES. 83

nor the soldiery till they should have forced a passage
through all that should oppose them, or perish in the
attempt. The soldiers joined in the gallant resolution,
and preparations were actively commenced for that
purpose. They even now courted the long-dreaded
assault, that the occasion might be hastened for the
final struggle to which they had bound themselves, and
resolved at the council of war, on the 25th of August,
to send Fairfax word, " That, since he denied to treat
" upon any conditions that were honourable, notwith-
" standing their actions and demeanours in the service
" had been nothing but what became their honour and
" fidelity, if he were pleased to make an attempt of
" attacking them, he should not need to spring any
" mine (as he boasted he had ready), but that any gate
" about the town he should make choice of, should
" be set open, and his entrance disputed afterwards."
Fairfax was unmoved by this challenge ; he had long
foreseen that, with two such powerful allies as famine
and disease, time only was wanting to make his victory
sure, and the event fully proved how wisely he judged
in adhering to the plans he had adopted, and in disre-
garding every provocation to attack, by which the lives
of his own soldiers would have been unnecessarily
endangered.

The last resource was now to be resorted to by the
besieged ; scaling-ladders were procured, the little am-
munition that remained, though not more than would
serve for a two hours' engagement, was given out, and
the whole force was ordered to be in arms to issue from
the town in the dead of the night, and then, s terming
the lines of the enemy, they were to force their passage

G -2

84 LIFE OF LORD CAPELL. CHAP. VII.

through or fall in the attempt. The officers joined
heartily with the soldiers in their work, shared with

them the burnt claret and raisins of which they usually
partook among themselves, and even allowed such

horses to be shot as vet remained to them, lest the

soldiers should think the officers to whom they be-
longed might escape whilst they were engaged.1

The siege had now lasted for nearly eleven weeks ; the
besieged had endured the pangs of hunger, the horrors of
thirst, the clamours of discontent, the ravages of disease,
the weary anxiety of constant watching, the dangers of
frequent encounters, the cowardly desertion of friends,
and the disappointment of long hoped-for relief ; but
there was yet another trial in store for those whose
heroic spirit was as unquenched as their loyalty was
unshaken. Just before the hour when the projected
enterprise was to have been put into execution, a spirit
of mutiny began to manifest itself, which at once ex-
tinguished the last ray of hope to which their courage
and constancy had pointed for deliverance. Suspicions
had been insinuated amongst the soldiers of their
officers' intentions to break a way through the camp of
the besiegers, leaving them at the mercy of a powerful
and enraged enemy. Whether these suspicions were,
as it is supposed, the work of spies and agents from the
enemy, or the result of those fears and doubts of which
the ignorant and credulous are so easily susceptible, it
is of little matter to inquire. The mutiny was open ;
they threatened their officers, quitted their posts, and,
assembling in crowds, deputed thirty of their number to

1 The General's and Major- General's horses only were spared.

CHAP, VII. LORD NORWICH CAPITULATES. 85

wait upon the council of war, saying, that if they would
not make such conditions for them as they liked, they
would article separately, and leave the officers to shift
for themselves. Lord Norwich speedily convinced
this deputation of the falsehood of their impressions.
The tumult was appeased, and the soldiers were, by the
exertions of their leaders, again reduced to some degree
of obedience ; but mutual confidence was destroyed,
and it was impossible again to rely on that steady
fidelity in their followers which could alone give any
hope of success. Lord Norwich had promised that,
sooner than "not free the inferior soldiers from suflfer-
" ing, it was their sincere desire to deliver themselves
" up to the enemy, if thereby they could purchase for
" them an honourable liberty," and on this promise
they now acted. On the 27th of August a gentleman
was sent to treat with Lord Fairfax for conditions.
Fairfax would listen to no terms till the Parliamentary
Committee was delivered up to him.2 The Committee

I History of Colchester, p. 233.

2 " For the Lord Fairfax.

II MY LORD — Having hitherto acted the duty of soldiers and gentlemen,
" we must acknowledge the truth of what is intimated by your Lordship,
" that there is a great alteration between our condition and yours since the
" first overture of a treaty : wherefore, according to your Lordship's adrnis-
" sion, we have sent Sir William Compton, Sir Abraham Shipman, Colonel
" Hammond, Colonel Tuke, and Colonel Ayliffe, to treat and conclude
" upon the circumstances necessary for the clearing and orderly perform-
" ance of that which your Lordship, by your last, hath offered ; we being
" resolved to commit ourselves your Lordship's prisoners.

" Your servants,

" NORWICH,
" ARTHUR CAPEL,
" Colchester, Aug. 27, 1648. " CHARLES LUCAS.

" According to your Lordship's desire, we have sent you the Com-
mittee."— Memoir of Sir C. Lucas, by Earl de Grey (privately printed).

86 LIFE OF LORD CAPELL. CHAP. VII.

was released, and the vanquished had soon reason to
feel that, in so steadily refusing their liberty before,
they had not over-estimated the loss to themselves of
parting with such hostages for mercy from the victors.

After the departure of the Committee, Colonel Tuke
and five other officers were commissioned by Lord
Norwich, Lord Capell, and Sir Charles Lucas to agree
with Fairfax on the terms of surrender. The whole
day was consumed in arranging the terms, though little
effectual opposition could be offered by the Commis-
sioners from Colchester, then no longer in condition to
resist whatever terms were dictated. The terms of
surrender were comprehended in nine articles.1 Cer-
tain queries were propounded by the Commissioners of
Colchester to the Commissioners of Fairfax as to the
meaning of some of these conditions ; and it is in the
answer to these queries that is contained an explanation
of the terms on which the vanquished were forced to
surrender themselves into the hands of their victors-
By fair quarter it was to be understood " That, with
" quarter for their lives, they shall be free from wound-
" ing or beating, shall enjoy warm clothes to cover
" them and keep them warm, shall be maintained with
" victuals fit for prisoners while they shall be kept
" prisoners." By rendering to mercy it was to be
understood " that they be rendered, or render them-
" selves, to the Lord General or whom he shall appoint,
" without certain assurance of quarter, so as the Lord
" General may be free to put some immediately to the
" sword (if he sees cause), although his Excellency

1 Vide Appendix B B.

u
u

CHAP. VII. TERMS OF SURRENDER. 87

" intends chiefly, and for the generality of those under
that condition, to surrender them to the mercy of the
Parliament and General. There hath been large
experience, neither hath his Excellency given cause
" to doubt of his civility to such as he shall retain
" prisoners ; although by their being rendered to mercy
" he stands not engaged thereby." l

The following day (28th of August) Lord Norwich
and those under his command, including all the ofEcers,
surrendered themselves prisoners, in number about
3530 ; 2 and at that time, says one who was an actor in
these scenes, " We had lived six weeks upon horseflesh,
" three days without bread, and remaining (as the chief
" officer of the stores told me) but three barrels of
" powder in store."

1 Journals of the House of Lords, vol. x. p. 478.

2 Ibid.

3 ' A True and Perfect Relation of the Condition of those Noblemen and
Gentlemen in Colchester.' Scarce pamphlet, printed in 1648.

88 LIFE OF LORD CAPELL. CJIAP. VIII.

CHAPTER VIII.

Lord Fairfax enters Colchester — Sir Charles Lucas and Sir George Lisle
are sentenced to death and shot — Lord Norwich and Lord Capell are
promised fair quarter, and are removed as Prisoners to Windsor Castle

— Measures are taken for attainting Lord Norwich and impeaching Lord
Capell - - Proceedings in Parliament against Lord Capell — The King's
Trial and Execution — Lord Capell's Letter to Cromwell — A High
Court of Justice is appointed for the Trial of Lord Capell and others —
He escapes from the Tower, but is recaptured — His Trial is commenced

— Evidence of Fairfax.

ON the day of surrender Lord Fairfax entered Col-
chester in triumph, and, on viewing the weakness of their
defences, seemed surprised at the time it had held out
against so strong a force.1 A council of war was called,
and an officer was despatched for Sir Charles Lucas,2
Sir George Lisle,3 and Sir Barnard Gascoyne.4 They
understood at once the purport of this summons, and
took a solemn and affectionate leave of their com-
panions. They were strongly guarded and locked up
in an apartment of the Hall,5 where the council of war
was sitting to deliberate on their fate. It is believed

4 — I

that many in the council were disinclined to pursue
harsh or sanguinary measures, but that Ireton prevailed

1 Letters from Colchester, says Whitelock, describe that, when Colonel
Piainsborough's regiment and another entered the town after the articles
were signed. " they saw a sad sight of so many fair houses burnt, and so
" many inhabitants sick and weak with living upon horses and dogs." —
Whitelock, ' Memorials,' p. 328.

8 Sir Charles Lucas was brother to John first Lord Lucas.

3 Sir George Lisle, son of Cave Lisle, of Compton Darvill, co. Somerset.
He was knighted by Charles I., after the battle of Newbury.

4 Sir Barnard Gascoyiie was a Florentine gentleman.
•s Moot Hall.

CHAP. VIII. MILITARY EXECUTIONS. 89

with Fairfax to treat them with ungenerous severity.1
It is said that one Whalley, who was no friend to any
of the prisoners, and who was even at private variance
with Sir George Lisle, interfered on behalf of him and
the others, and endeavoured to dissuade Fairfax from
the execution of his purpose. The result, however, of
the deliberation was sentence of death against Sir
Charles Lucas, Sir George Lisle, and Sir Barnard
Gascoyne. No specific accusations were alleged, no
opportunity of defence was allowed ; but they were in-
formed that, " after so long and so obstinate a defence
" until they found it necessary to deliver themselves up
" to mercy, it was necessary for the example of others,
" and that the peace of the kingdom might be no more
disturbed in that manner, that some military justice
should be executed ; and therefore that council had
" determined they three should be presently shot to
" death." 2 A messenger from Sir Charles Lucas to
request the attendance of Lord Capell's chaplain at
once bespoke their situation to those friends who had
been awaiting in the agonies of suspense the result of
the council's deliberation. Lord Capell prevailed on
an officer instantly to carry a letter to the council,
signed by the chief persons and officers, and in the
name of the rest, to Lord Fairfax, "either to forbear
" the execution of the sentence, or that they might

1 " The manner of taking the lives of these worthy men was new and
" without example, and concluded by most men to be very barbarous ;
" and was generally imputed to Ire ton, who swayed the General, and was
" upon all occasions of an unmerciful and bloody nature." — Clarendon's
* Hist, of the Rebellion,' vol. vi. p. 102.

2 Ibid., p. 99.

a
u

90 LIFE OF LORD CAPELL. CHAP. VIII.

" all, who were equally guilty with those three, undergo
" the same sentence with them." The letter was de-
livered, le but had no other effect than the sending to
" the officer to despatch his order." Ireton was sent
to Sir Charles Lucas and Sir George Lisle, to inform
them that the hour of death was at hand. They
demanded of him by what law they were to die ?
whether by an ordinance of Parliament, by the council
of war, or by command of the General ? To which
Ireton replied that it was by vote of the council of war,
according to an order of Parliament, by which order all
that were found in arms were to be proceeded against
as traitors.2 These were not the reasons, however,
alleged by Fairfax himself. His own letter to the Earl
of Manchester best explains the motives by which he
and his council had been guided in their decision ; and
by that he seems rather apprehensive of having exceeded
the power of his commission, than confident of having
only strictly adhered to the orders of Parliament.3 The

1 Clarendon's Hist, of the Rebellion, vol. vi. p. 100.

2 Hist, of Colchester, p. 247.

8 Letter of Lord Fairfax to the Earl of Manchester, &c.
" My Lord, — I have herewith sent you the articles, with the explana-
" tions annexed, upon wch it hath pleased God in his best time to
" deliver the town of Colchester and the enemy therein into your hands
" without further 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 mischiefe they have brought
" upon the towne, this country, and the kingdom) I have, with the advice
" of a counsell of warre of the chiefe officers both of the country forces
" and the army, caused two of them who were rendred at mercy to be
" shot to death before any of them had quarter assured them. The per-
" sons pitched upon for this example were Sir Charles Lucas and Sir
" George Lisle, in whose military execution I hope your Lordship will
" not find cause to thinke your honour or justice prejudiced. As for the

CHAP. VIII. - THEIR MOTIVES. 9 1

prisoners petitioned that their lives might be spared till
the following day, in order that they might have leisure
for their religious duties, but this short respite was denied
them. Sir Charles Lucas l was the first who fell, Sir
George Lisle2 followed immediately afterwards ; Sir Bar-
nard Gascoyne was spared on the ground of his being
a foreigner.3 A few days afterwards Ireton, with two

" Lord Goring, Lord Capell, and the rest of the persons rendred to mercy,
" and now assured of quarter, of whose names 1 have sent your Lordships
" a particular list, I doe hereby render to the Parliament's judgement for
" further publique justice and mercy to be used as you shall see cause.
" I desire God may have the glory of his multiplied mercies towards you
" and the kingdome in this kinde, and in the condition of instruments as
to the service here, the officers and souldiers of Essex and Suffolk (who
in this time of so dangerous defection have adhered constant to yours
and the kingdome's interest) ; for their faithfull demeasnour and patient
" indurance in the hardships of this service are not to be forgotten.

" Your Lordship's most humble servant,

" Hieth, 29th August, 1648." " FAIRFAX.

— Lords' Journals, vol. x. p. 477.

1 Sir Charles Lucas had served in the Low Countries under the Prince
of Orange, but 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 under-
standing, of a rough and proud humour, and very morose conversation ;
yet they all desired to accompany him in his death. — Clarendon.

2 Sir George Lisle had had the same education as Sir Charles Lucas ;
had all his courage ; " and led his men to a battle with an alacrity, that
" no man was ever better followed, his soldiers never forsaking him. . . .
" But then to this fierceness 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." — Clarendon.

3 Sir Barnard Gascoyne spoke so little English, that he with difficulty
explained his wish for writing materials to address " 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
acquainting the General and the council with his request, they took the
matter of his being a foreigner into consideration. After some delibera-
tion, the fear of retaliation on their relations and friends who should visit

92 LIFE OF LORD CAPELL. CHAP. VIII.

other officers commissioned by the council, announced
to Lord Norwich, Lord Capell, and the other prisoners
that the General now gave them the assurance of what

Italy operated in his favour, and they determined to spare his life. When
Sir Charles Lucas and Sir George Lisle had fallen, Sir Barnard Gascoync
took off his douhtlet and " expected the next turn ;" but " the officer told
" him ' he had orders to carry him hack to his friends,' which at that
" time was very indifferent to him."- -Hist, of the Rebellion, vol. vi. pp.
99, 100. Sir Charles Lucas and Sir George Lisle were buried in St.
Giles's church, Colchester. Upon a black stone in the aisle is the fol-
lowing inscription : —

" Ynder This Marble Ly The Bodies

Of The Two Most Valiant Captains,

ST Charles Lucas And Sr Geo. Lisle, Knts.,

Who, For Their Eminent Loyalty

To Their Soverain,
Were On The 28th Day of August, 1648,

By The Command Of Sr Tho. Fairfax,
Then General Of The Parliamentary Army,

In Cold Blood Barbarovsly murdered."

—Hist, of Colchester. Whitelock (p. 329) says that both Sir Charles
Lucas and Sir George Lisle " died with very much courage.'* The fol-
lowing verses from Quarles, the loyalist poet, quaintly express his sym-
pathy and admiration for Sir Charles Lucas : —

" Header, as often as report shall send
Unto thy ears the death of any friend,
Wonder not that he's dead, that's too much wrong,
But rather wonder that he liv'd so long :
For Life's but like a Candle, every wiifl
May puff it out, and leave a snuff behind.

But whither runs my pen ? Does sorrow mean
To make of this an everlasting scean ?
Lucas made Sorrow lovely, Death a pleasure,
And Life a trifle, Misery a treasure ;
And now let no audatious tongue deny
That he taught Death to live, and Life to dye.

Xow gentle Soul, go take thy sweet repose,
In Heaven's eternal bed, where none but those
Shall sleep that in their life-times study 'd how
To dye : there rest {dear Soul) ; I'le leave thee now."
— Quarlcs's ' Fons Lachrymarum,' p. 122, ed. 1648 ; and see App. C C.

CHAP. VIII. LOKD CAPELL IS SPARED. 93

before was doubtful — fair quarter as prisoners of war.
Lord Capell, burning with indignation at the sacrifice
of his friends, said, " The General should have received
u their thanks if he had saved the lives of those two
" worthy knights, which they had valued more than
" their own ; that, as they all wrere equally concerned
" and acted alike in the engagement and management
" of the whole affair, they all should have shared one
" fate ; and that therefore the General would do well to
" finish his work by executing the rest."1 This answer
renewed the bitter animosities of Ireton ; sharp ex-
pressions passed between them, which Lord Clarendon
does not hesitate to say cost Lord Capell his life in a
few months after.2

The conduct of Fairfax and his council in the
execution of Sir Charles Lucas and Sir George Lisle
is certainly to be so far justified that it involved
no infringement of the terms of surrender. The
General announced his intention of putting some imme-
diately to the sword, if he saw cause ; and if he had
added Lord Norwich, Lord Capell, and others to the
victims who were offered u for some satisfaction to
" military justice, and in part of avenge,3 &c.," he would
have done no more than use the right which he
claimed and acquired by force of arms, and to which
his enemies had advisedly, though unavoidably, ac-
ceded and submitted. That it would have been politic

1 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 103 j History of Col-
chester, vol. ii. p. 259.

2 ' Hist, of the Rebellion,' vol. vi. p. 103.

3 Vide Fairfax's Letter to Lord Manchester, above, p. 90, n. 3.

94 LIFE OF LORD CAPELL. CHAP. VIII.

•

to make, and still more to enforce, such terms, had the
state of the war afforded any likelihood of retaliation,
must, to say the least, have been doubtful.1 The
example might then have served rather as a precedent
than as a warning to their enemies. That it was harsh
to take advantage of their helpless position to inflict
conditions framed in a spirit better fitted to ruder
times is much less a subject for doubt ; nor can it be
denied that it was ungenerous, not to say ungrateful, in
the present case, thus to exercise the rights that victory
had given them. For eleven weeks the Committee of
Parliament had remained in the power of the besieged,
their condition as prisoners depended on their captors,
measures were resorted to for procuring their deliverance
or exchange which exceeded the usages of civilized war,
and might have provoked ill treatment ; when famine,
disease, and mutiny forced the surrender of the town,
the lives of those prisoners were still at the mercy of
their enemies, and might have been used as the last
means of stipulating for their own safety. But what
had been the conduct pursued tow ards them ? They
had been lodged from the first in the best inn of the
town, civility was shown them throughout their cap-
tivitv, their table was furnished with delicacies so long
as such could be procured, and with sufficiency whilst
others were starving. Shot from the besiegers having
touched the top of the house w7here they w7ere confined,
notice was sent to Lord Fairfax of the circumstance, that

1 In sparing the life of Sir Barnard Gascoyne, it would seem the danger
of retaliation was wisely not overlooked.

CHAP. VIII. LORD CAPELL A PRISONER. 95

he might be warned not to fire in that direction -,1 and
when at last these prisoners were imperatively demanded
by the victorious party, they were returned in safety ;
though, doubtless, had the lives of a Parliamentary
Committee been threatened, and had been actually in
danger of being sacrificed to the immediate vengeance
of a desperate enemy, rather than incur such a risk,
satisfaction to military justice would have been less
severe in its demands.

Whitelock mentions, in the early part of the siege,
that the prisoners were found by a messenger of the
General's to be " in a reasonable good condition." It
has been seen, on more than one occasion, they volun-
teered their services to intercede for better terms for
the besieged with their own friends ; and in proof that
they had no complaints to make of the treatment they
had experienced, not a word was alleged against their
usage in justification of the severity of Fairfax and his
council towards Sir Charles Lucas and Sir George
Lisle, or afterwards for the breach of faith committed
in the execution of Lord Capeil.

On the 31st of August the House of Lords ordered
the removal of the prisoners, Lord Norwich, Lord
Capeil, and others, to Windsor Castle,3 and on the 3rd
of September they marched from Colchester to Windsor
with the General's regiment.4

1 Carter mentioned this circumstance in refutation of an unjust asper-
sion that had been made upon them by a report that the prisoners were
placed upon the line because they should be killed.

2 Whitelock's ' Memorials,' p. 308.

3 Appendix D D. Journals of the House of Lords, vol. x. p. 481,

4 Rusiiworth's ' Collections,' vol. vii. p. 1250.

96 KITE OF LOKP C'APELL. CII.M-. VIII.

On the 3 1st of August a resolution passed in the
House of Commons that Lord Norwich should be
attainted, and Lord Capell should be impeached of high
treason, for levying actual war against the Parliament
and kingdom.1 On the 25th of September it was
ordered that the bill of attainder against Lord Norwich
and the articles of impeachment against Lord Capell
should be brought in.2

On the 5th of October letters were received by the
House of Commons from Lord Norwich and Lord Ca-
pell, taking notice of this order, and explaining that
quarter was given them by the General, who had him-
self written to the Speaker of the House of Lords to
that purport,3 On the 10th a letter, addressed to Lord
Fairfax, was read in the House, agreed to, and signed
by the Speaker, desiring that he might explain himself
as to the clause in his letter to Lord Manchester of the
29th of August.4 On the 23rd of October Lord Fair-
fax explained his former letter, stating that " the
" quarter given to Lord Norwich and Lord Capell did
" not extend to any other than the military power, and
" that they were, notwithstanding, liable to trial and
" judgment of the civil power."0 This explanation was
consistent with the statement in his letter to Lord Man-
chester, that the persons who were assured of quarter
were rendered to the Parliament's " judgment for fur-
" ther public justice and mercy -," nor is there any

1 Appendix E E. Journals of the House of Commons, vol. v. p. G95.

2 Ibid., vol. vi. p. 32.

s Commons' Journals, vol. vi. p. 45. AVkitelock's ' Memorials,' p. 33G.
4 AVkitelock's ' Memorials,' p. 48, 5 Ibid., p. 339.

CHAP. VIII. PROCEEDINGS IN PARLIAMENT. 97

reason to doubt that the House of Commons then
regarded the lives of the prisoners assured on those
terms.

On the 24th of October Lord Capell was removed
by order of Parliament from Windsor Castle to the
Tower.1 On the 10th of November a resolution was
passed in the House of Commons that Lord Norwich,
Lord Capell, and five other persons,2 should be banished
out of the kingdom. The Lords' concurrence was
desired in this resolution, but they judged it improper
for the House of Commons to decide on the banishment
of any members of their House, and on the 13th of
November resolved themselves to bring in an ordinance
for the banishment of the three Peers. On the follow-
ing day it was brought in and agreed to, and a confer-
ence desired with the Commons.3 The Lords then
stated " that they could not but be very tender of their
" privileges ; that three of those persons voted to be
" banished were members of their House, and the cen-
" sure of them began in this House (meaning the Com-
u mons).4 They did therefore deliver at this conference
" an ordinance for banishing of those three Lords, the
" Earl of Holland, the Lord Goring, and the Lord
" Capell, and did agree to the votes for the banishment

1 Lords' Journals, vol. x. p. 559. Lord Norwich was not removed from
Windsor to the Tower till the 13th of November. — Ibid., p. 587.

2 The Earl of Holland, Lord Loughborough, Major-General Langhorne,
Sir Henry Lingen, and Sir John Owen. — 'Whitelock's ' Memorials,' p. 343,
and Journals of the House of Commons, vol. vi. p. 73.

3 Journals of the House of Lords, vol. x. pp. 57, 58. Lord Lincoln
entered his protest against the ordinance for banishing three Peers and
four Commoners. — Ibid.

4 Journals of 'the House of Commons, vol. vi. p. 77.

VOL. IT. H

98 LIFE OF LORD CAPELL. CHAP. YITT.

" of the Commoners." This ordinance was read and
rejected by the House of Commons, and an ordinance
of their own " was ordered to be prepared for banishing
" of the Lords and Commoners that were voted by
" their House to be banished." This was accordingly
done, and on the 16th of November it was read the first
and second time in the House of Commons, It was
also resolved to demand a conference with the Lords, to
signify to them that it was not intended by the bringing
up of those votes to infringe their privileges, " it being
" not in the nature of any impeachment or present
" judgment of those persons, but that the banishment of
" those seven persons might be part of the answer to
" the proposition concerning delinquents," to make it " a
u preparatory to a proposition to the King ;" and they
again desired their concurrence, as they conceived their
Lordships might do it without any breach of their privi-
lege.2 On the 18th of November it was put to the
question in the House of Lords, whether to go on then
<4 with the votes which came from the Commons for
" banishing seven persons." It was resolved in the
affirmative, and they passed a resolution for the banish-
ment of the three Peers and four Commoners.3 On the
30th of November a debate took place in the Lords as
to whether the votes that had passed there touching the
banishment of the three Lords should be signified to the
House of Commons. It was resolved in the affirmative,

1 Journals of the House of Commons, vol. vi. p. 77.

2 Journals of the House of Lords, vol. x. p. 594 ; and Journals of the
House of Commons, vol. vi. p. 78.

2 Journals of the House of Lords, vol. x. p. 596.

CHAP. VIII. PROCEEDINGS IN PARLIAMENT. 99

and a message was accordingly sent the same day to
acquaint the Commons that the Lords had agreed to
the votes for banishing the three Lords,1 and that it was
resolved " that the Earl of Holland, the Lord Nor-
<; wich, and the Lord Capell shall depart this kingdom
" of England within ten days next after the date hereof;
" and that if the said Lords, or anv of them, shall

" return back without leave of both Houses, they shall
" be proceeded against as traitors and die without
" mercy.": The concurrence of the House of Commons

to this resolution was desired. Of that concurrence
there is no entry in the Journals, and it was probably
never given ; had it been obtained, the banished Lords
would have left the kingdom a few days before a resolu-
tion passed in the Commons, which, by reversing this
sentence, subjected them in the end to a still more

severe and more arbitrary tribunal than that of the

Parliament. On the 13th of December a series of
resolutions was passed to revoke their former votes on
different subjects,3 and, amongst others, " that the votes
" passed on the 10th of November concerning the
" banishment of the three Peers and four Commoners
" were destructive to the peace and quiet of the
" kingdom and derogatory to the justice of the king-
" dom."4

The course of events throughout the country had
been long, but slowly, tending to some great national

1 Lord Hunsdon and Lord Mulgrave protested against informing the
House of Commons. — Journals of the House of Lords, vol. x. p. 613.
2 Ibid. 3 Appendix F F.

4 Commons' Journals, vol. vi. p. 96.

H 2

100 LIFE OF LORD CAl'ELL. CHAP. VI If.

catastrophe. This course now hurried on with that in-
creased rapidity which marks the nearer approach of
its impending destiny. The fatal conclusion of the
civil war was at hand ; the voice of the Lords was
overpowered by the clamour of the Commons and the
despotic will of the army; and on the 4th of January,
1648-9, "an ordinance, entitled 'for trial of Charles

" Stuart bv a Court Martial,' was assented to and ordered

" to be engrossed and brought in on the morrow." l

On the 2nd of January the Commons had sent up
their ordinance for the trial of the King.2 The Lords
rejected it and adjourned their House.3 The Commons
sent some of their own members to examine the Lords'
Journals, and, finding they had not concurred in the

1 Whitelock's ' Memorials,' p. 361.

2 " Resolved, That the and Commons in Parliament assembled do

" declare and adjudge that, by the fundamental laws of this kingdom, it
" is treason in the King of England for the time being to levy war against
" the Parliament and kingdom of England."- —Commons' Journals, vol. vi.
p. 107.

3 The vote declaring " that, ' by the fundamental laws of the kingdom,
" it is treason in the King of England for the time being to levy war
" against the Parliament and kingdom of England,' was read the third
" time.

" And the question being put, ' Whether to put off the consideration of
" this vote till some other time ?' —

" It was resolved in the negative.

" Then the said vote was read again.

" And the question being put, ' Whether to agree to this vote now
" read?'—

" It was resolved in the negative, nemine contradicente.

" Then the ordinance for erecting a High Court of Justice for the trial
" of the King was read the first time.

" And the question being put, ' Whether this ordinance now read shall
" be cast out ? ' —

" It was resolved in the affirmative, nemine contradiccnte." — Lords'
Journals, vol. x. p. 042.

CHAP. VIII. THE KING'S TRIAL. 101

declaration, they voted the concurrence of the Lords
unnecessary, and that they were empowered to act
" notwithstanding the House of Peers join not with
" them."1 A High Court of Justice was appointed to
sit at Westminster, consisting of 1352 Commissioners.
On the 13th of January they sat for preliminary busi-
ness. On the 18th the King was brought from Wind-
sor to St. James's. On the 20th he was brought into
the Court at Westminster to appear at his trial. On
the 27th sentence of death was passed. On the 30th
the King paid the forfeit of his great errors and many
misfortunes with the courage and constancy of a martyr,
leaving on those who shed his blood a spot which
neither triumph nor success could wash out, and pre-
paring for the country a reaction as dangerous to free-
dom as such a trial and execution was revolting to those
laws of humanity and principles of justice by which a
Christian community and a constitutional government
profess to be guided.3

Lord Capell, though confined in the Tower, seems to
have been conscious of the King's perilous condition.
He was debarred from all power of serving his Master
any longer by sword or by speech, but he had still the
use of his pen. He declared it to be " an instrument
" not suitable to his genius ;" yet it was the only one
he could now command. He fully understood and

1 TVhitelock's ' Memorials,' p. 361. The votes of the House of Com-
mons on this occasion are not entered in the Journals, but Whitelock
has recorded their proceedings. — See Appendix Gr G.

2 AVhitelock says, " 150 persons, and twenty of them of the quorum, to
" try the King, and to give sentence against him." — p. 360.

3 For further discussion on this subject, see Appendix H H.

102 LIFE OF LORD CAPELL. CHAP. VIII.

appreciated the power of Cromwell ; but, regardless of
all possible consequences to himself, it was to Crom-
well he addressed a letter1 on those subjects nearest his
heart, the safety of the King and the welfare of the
country.

The letter (dated the 15th of January) began by
boldly avowing his own devoted attachment to the King,
saying, " I frankly give you leave to think (nor do I value
" the inconvenience it could draw along with it) that
there is not that honest expedient in the world to
serve him by that I would not hazard myself in to
employ for him ; nor do I know what earthly felicity
u it is could be so welcome to me as to advance a step
" beyond any other in my duty toward him. But my
" present condition refuseth me the ability of anything
" else but that of invocating the favour of God for him,
" and making my addresses to you, whom I take to be
" the figure that gives the denomination to the sequence
" of a great many ciphers that follow you." Lord Capell
then pressed upon his consideration the power now in his
hands of uniting the King to his people, as he had been

1 Vide Appendix I I. This letter, with others by Lord Capell to
" divers persons," was published with his ' Moral and Divine Reflections,'
but without the names of those to whom they were addressed. Lord
Orford, however, states, in his account of Lord Capell's writings (Lord
Orford's Works, vol. i. p. 360, edit. London, 1798), the manner in which
those names were supplied :— " Mr. Lort, of Trinity College, Cambridge,
" has a copy of this book, given by the Duchess-dowager of Beaufort
" (Lord Capell's daughter) to Francis Lowthorpe in 1710, in which the
" names are marked of the persons to whom they are addressed." This
book, in which the names of Francis Lowthorpe, M. Lort, and A. S win-
ton, 1791, are separately inscribed, having afterwards come into the pos-
session of Robert Clutterbuck, Esq., was presented by him to the late
Earl of Essex.

CHAP. VJII. LETTER TO CROMWELL, 103

instrumental in their long separation, and suggested that
he might have cause to value himself upon a better
foundation than the event of battles and success of war.
He combated the idea, then so prevalent, that the instru-
ments of divine punishment were necessarily the objects
of divine favour, by reminding him how loathsome
insects, reptiles, and other creatures have been used to
desolate empires. He warned him of the danger of
attempting a new form of government, when the very
desires of the people were assimilated into the nature of
the laws, of a change that should demolish all the received
rules of property, and of mistaking the temporary power
of the army for the sense of the people. On the sacri-
lege of touching the King's person he urged every
argument that texts from scripture, and a deep convic-
tion of the sanctity of the office, with enthusiastic
attachment to his sovereign, could suggest. He repre-
sented the wisdom as well as duty that rested upon
Cromwell and the soberest of his party " to take this
" opportunity of the present anguish of the King and
" kingdom to restore it to its former habit of quiet and
" peace." His letter ends with this earnest appeal : " I
" would to God my life could be a sacrifice to preserve
" his ! Could you make it an expedient to serve that
" end, truly I would pay you more thanks for it than

u you will allow vourself for all vour other merits from

•/ •/ </

" those you have most obliged, and die your most
" affectionate friend."'

1 Lord Orford lias so strangely misapprehended the meaning of Lord
CapelTs termination to this letter, as to have made the following com-
ment : — " It is remarkable that the spirited remonstrance in behalf of

104 LIFE OF LORD CAPELL. CHAP. VIII.

This loyal wish, that his life might he given to pre-
serve the King's, was of no avail; hut the expression of
that wish may have much contributed towards the sacri-
fice of his own.

The death of the King was the prelude to other acts
of judicial severity. On the 1st of February the House
of Commons resolved on erecting another High Court
of Justice for the trial of the Duke of Hamilton,1 Lord
Holland, Lord Norwich,2 Lord Capell, and Sir John
Owen. This Court was to be composed of " divers
u members of Parliament, of the army, of the city, and
" private gentlemen, in all to the number of sixty,
" whereof fifteen to be of the quorum."3 Bradshaw
wTas to be the Lord President, as at the trial of the late
King, and the prisoners could certainly have entertained
but little hope of acquittal from a Court erected in the
same spirit and presided over by the same judge as that
which had a few days before condemned their sovereign
to death. It should be observed, moreover, that the
erection of this Court was far from receiving the sanc-
tion of even some of the sternest leaders of the Parlia-
mentary party. Lord Fairfax expressed himself to have
been " always unsatisfied with these Courts," and Mrs.
Hutchinson thus describes her husband's feelings on the
subject : — " Of this second High Court of Justice Co-

" tlie King was written to Oliver Cromwell, and is subscribed, ' Your most
" affectionate friend ! ' -Vide 1st vol. of Lord Orford's Works, 4to.
This passage, together with an account of the hands through which the
volume of Lord Capell's ' Meditations and Letters ' passed, is omitted in
the later edition of Lord Orford's ' Royal and Noble Authors,' edited by
Thomas Park, F.S.A., London, 1806.

1 Tried by his English title, Earl of Cambridge.

2 Tried by his previous title of Goring. 3 Whitelock, p. 371.

CHAP. VIII. ESCAPE OF LORD CAPELL. 105

" lonel Hutchinson was nominated a Commissioner; he
" would not sit, his unbloody nature desiring to spare
" the rest of the delinquents, after the highest had
" suffered, and not delighting in the death of men, when
" they could live without cruelty to better men."1

There were many who, like Lord Capell, had fought
with unflinching fidelity and courage in the cause of their
sovereign, and who honestly deemed themselves loyally
struggling against the treason of rebels ; but the Court
by which the King had been tried and condemned had
decreed every act even of self-defence on the part of the
King himself to be treason against the nation ; to be
found, therefore, in his ranks was to participate in his
crime. But the cause in which they were engaged did
not affect the plea of those who as prisoners of war had
received the assurance of fair quarter for their lives.2
Lord Capell accordingly disputed not the power of the
Court by which he was to be tried to determine on.
which side the crime of treason might lie, but the right
of that Court to set aside such terms as were granted in
the field to a prisoner of war, and he resolved on making
a desperate effort to elude a tribunal whose right of
judgment on such a point he denied. It was on the
evening of the 2nd of February that Lord Capell, having
been supplied by the hand of some friend with a cord
and other things necessary to his escape from prison,
let himself down out of his room in the Tower to the
ditch below. He had been directed through what part

1 Mem. of Colonel Hutchinson, p. 339, Bonn's ed.

2 On the grounds of accusation against the other Lords, and the different
pleas offered in their defence, it is not necessary here to enter.

106 LIFE OF LORD CAPELL. CHAP. VIII.

of the ditch he would find a passage most practicable ;
but either he mistook the place to which he was directed,
or the water and mud were deeper than his informant
had expected, and the attempt proved nearly fatal ;
indeed, he must at once have perished but for his
unusual height, being, as Lord Clarendon says, " by
u the head taller than other men." The water was up
to his chin, and he became so exhausted by the fatigue
of drawing himself out of the mud and wading through
the water, that he was at one moment inclined to give
up the attempt, and by calling for assistance to surrender
himself again as a prisoner; but his courage revived
with the progress he had already made, and he perse-
vered, and at last reached the other side in safety, where
his friends expected him, and he was conveyed by them
to a chamber in the Temple. He there remained for
that and the following night in security, though the
utmost diligence was used for his discovery. A person1
in whose judgment and fidelity he placed sufficient con-
fidence to be guided by his opinion thought that the
Temple was a place of too much resort for safety, and
that he would be better concealed by removing to a
lodging in a private house in Lambeth Marsh.

In the evening, after dark, his friend called for him,
and, fearful of trusting any one with the secret, they
determined on taking the first boat they found ready at
the Temple Stairs. It was so late that but one re-
mained, and in that they placed themselves. Lord

1 The name of this friend does not transpire in Lord Clarendon's His-
tory, but he speaks of him as one whom Lord Capell " trusted much, and
" who deserved to be trusted." — ' Hist, of the Rebellion,' vol. vi. p. 259.

CHAP. VIII. HIS RECAPTURE. 10?

Capell was as much disguised as they had thought
necessary for safety, and the waterman was desired to
row them to Lambeth. Whether his friend inadver-
tently called him My Lord, as was confidently reported,
or whether the waterman's suspicion was aroused by
observing what he thought was a disguise, is uncertain,
but the man heard or saw enough to determine him
to follow his passengers on landing, for the purpose of
watching into which house they entered ; then going to
an officer, asked him "what he would give him to bring
" him to the place where the Lord Capell lay." The
officer promised to give him ten pounds.1 The water-
man fulfilled his promise ; Lord Capell was discovered
and seized, and the next day returned a prisoner to the
Tower. Thus unhappily ended this well-contrived
plan of escape, though faithfully carried out by all who
were confided in for its accomplishment, and courage-
ously executed by the prisoner himself. Had it but
succeeded, Lord Capell would have spared the new High
Court of Justice from the performance of an act which
had neither law nor usage to offer in vindication of its
severity.

1 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 260.

In the Journals of the House of Commons, vol. vi. p. 131, the Com-
mittee of Revenue is required forthwith to pay 40?. to those persons that
took Lord Capell, as Colonel Harrison shall think fit. Whitelock says
(p. 371), — " Two watermen of London discovered and apprehended the
" Lord Capell. The House gave 40?. to the watermen." But in the State
Paper Office there is the following entry : — " That 2.01. he payed unto the
" waterman who discovered the Lord Capell, and that he be recommended
" unto the Committee of the Admiralty for some employment." — State
Paper Office, Council of State Order-book, vol. xxxii. p. 226. Vide Ap-
pendix J J.

108 LIFE OF LORD CAPELL. ("HAP. VIII.

On the 10 tli of February the High Court of Jus-
tice met in Westminster Hall. Fifty members were
present.1 The Earl of Cambridge, Lord Norwich,
Lord Capell, and Sir John Owen were brought before
them, and the President addressed them in a speech on
the occasion of their being there. The charges were
then read to

1st. Earl of Cambridge.

2nd. Lord Norwich, addressed as Lord Goring.

3rd. Lord Capell.2

Lord Capell pleaded a that he was a prisoner to the
" Lord General, and had conditions given him, and his
" life promised him ; that if all the magistrates in Chris-
" tendom were combined together, they could not call
" him in question." Whitelock adds, " He never
u minded nor looked upon the Court, but upon the
" people on all sides and with an austere countenance."3

February llth Lord Capell was brought into Court
and demanded to plead in chief to his charge. He
again insisted upon the articles of Colchester, whereby
he said " he had fair quarter given him, and that all
" the governments in the world had nothing to do with
" him."4 On February 13th the Hish Court of Justice

•/ f

sat, and Lord Capell was again brought into Court.
The Attorney-General now moved " that the prisoner

1 See Appendix K K, List of Judges of High Court.

' It is principally from Whitelock's ' Memorials ' that an account of
Lord Capell's trial has been handed down. In the ' State Trials,' com-
piled by Mr. Howell, the trial of Lord Capell is an abstract from White-
lock's account.

3 Whitelock, p. 375. 4 Ibid.

44
U

CHAP. VIII. TRIAL OF LORD CAPELL. 109

" might make good his plea." The President told
Lord Capell " that he had put in a plea concerning
" articles, for proof whereof the Lord General was by
" order of the Court then present ; that he had liberty
" to ask anything of him ; if not, then the Counsel of
" the Commonwealth were to offer what they could in
" proof of it."1 The Attorney-General proceeded and
produced the General's letter to the Parliament upon
the surrender of Colchester, with the articles and the
explanation of them, " whereby and upon the testimony
of the Lord General, and General Ireton, Colonel
AArhaley, and Colonel Berksted, all present by order of
the Court, it appeared that the Lord Capell was to
" have fair quarter for his life, which was explained to
" be, a freedom from any execution of the sword, but
u not any protection from the judicial proceedings of a
" Civil Court; and mercy was explained to be only
" from the promiscuous execution of the sword, but that
" he might be tried by a Council of AA^ar." " But of
this learning," says AArhitelock, " I hope none of
" this nation will have use hereafter." " It was clearly
" proved," he adds, " that the articles were only to
" free him from the present dower of the sword to take
" away his life, and Colonel Berksted swore that he told
" him the day after the articles ' that he believed the
" Parliament would proceed against them that were
" taken at Colchester as traitors.' The Counsel moved

" for judgment against the Lord Capell that he should
" be hung, drawn, and quartered, at which he seemed
" to startle ; and, after a short speech to the Court, he

1 Whitelock, p. 375. s

] 10 MIT, ("»F LM|;I> OAPBLL. LP. vnr.

" concluded l that, however lie was dealt", with here, he
" hoped I'm* a hettvr resurr- ction hereafter.1

liv the definition of fair quarter for life, and surren-
dtTiiiLL' to mercy, which CJeii'-ral Fairfax here gave, he
in no way departed from the original interpretation
of these conditions. Sir Charles Lucas and Sir George
Lisle, who surrendered to mercy, had been exempted
from the promiscuous execution of the sword, and
had been tried and condemned to death hy a Council of
War; and till after the promises of fair quarter had been
given to Lord Capell, Lord Norwich, and others, they
were undoubtedly liable to the same fate. Whatever
meaning might be attached by others to Lord Fairfax's
words, his own interpretation of fair quarter appears to
have always been the same. It was by his own avowal
a stretch of power he had assumed beyond that of the
Council of War at Colchester, in not setting free the
other prisoners after the sentence of death had been
passed on Sir Charles Lucas and Sir George Lisle ; but

certainly it was not consistent writh Fairfax's general

»/

character to have wished to stretch that power so much
further as to afterwards give a forced construction of the
terms, and thus voluntarily endanger the lives of those
who believed themselves safe by his promises from
capital punishment.2 Lord Clarendon's account of Fair-
fax's testimony is not borne out by the more definite
and detailed report given by Whitelock. Lord Cla-
rendon says, " Whether the question was well stated to

1 Wliitelock, p. 375.

2 Vide Short Memorials of Thomas Fairfax, written by himself, p. 121 :
8vo. 1690. Appendix L L.

CHAP. VIII. TRIAL OF LORD CAPELL. 1 1 1

" Fairfax, or what was else said to him to dissuade him
from owning his declaration and promise, he boggled
so much in his answer, that they would be of opinion
" that he had not made such direct and positive pro-
" mise, and that the same was never transmitted to the
" Parliament, which it ought to have been ; and that at
" most it could but exempt those prisoners from being
" tried before a Court or Council of War, and could not
" be understood as an obligation upon the Parliament
" not to give direction to such a legal proceeding
" against them as they should find necessary for the
" peace and safety of the kingdom."

Lord Fairfax neither " boggled" nor disowned the
meaning he had originally given to the terms of surren-
der. The guilt of perverting the meaning of his pro-
mise of fair quarter for life must rest with the Court.
But whether, on the other hand, he made any effort to
assert his right to have the promises fulfilled, which his
commission from Parliament entitled him to make, or
whether he contented himself with the safer and less
generous course of allowing the Court with which he
was " unsatisfied" to proceed without interference in its
judgment of his prisoners of war, can now be only matter
of speculation ; but that his conduct was, even in his own
time, the subject of animadversion, of which he was
conscious, is clear by the memorial written by himself,
in which he speaks of " vindication of his conduct to
4i his Colchester prisoners." He states that when the

1 ' Hist, of the Rebellion,' vol. vi. p. 255.

2 Short Memorials of Thomas Lord Fairfax, written by himself, p. 121 :
8vo. 1699.

112 LIT-T, OF LORD OAPELL. CHAP. VIII.

Council of War was called immediately after their en-
trance into the town, Sir Charles Lucas and Sir George
Lisle were sentenced to die, " the rest to be acquitted ;"
but that he had " thought fit, notwithstanding, to trans-
" mit the Lord Capell, Lord Norwich, &c., over to the
" Parliament, being the civil judicature of the kingdom
" consisting then both of Lords and Commons, and so
" most proper judges in their case, who were consider-
" able for estates and family." This avowal of its being
his own special resolution to send them to be judged by
the civil judicature of the kingdom, and the allusion to
their being considerable for estates and families, together
with his letter to Lord Manchester, sending him the list
of those whose lives were already assured, clearly indicate
that it was their fortunes or their liberty that he meant
to place at the disposal of the civil judicature, and not
their lives. It seems, moreover, by the further expla-
nation of Lord Fairfax's conduct contained in this me-
morial, that Lord Capell's friends had no fear of the
explanation he would give of the terms of surrender, nor
that he had cause to defend himself on that score. " It
t' may be objected that I went into the Court during
" the trials," says Lord Fairfax ; " to which I answer, it
" was at the earnest request of the Lord Capell's friends,
" who desired me to explain there what was meant by
" surrendering to mercy, otherwise I had not gone,
" being always unsatisfied with these Courts."

Whitelock's statement that " it was proved that the
" articles were only 'to free him from the present
" powrer of the sword to take away his life, ' ' is evi-
dently erroneous, inasmuch as that was confusing the

CHAP. VIII. EVIDENCE OF FAIRFAX. 113

terms of "fair quarter for life" (freedom from any
execution of the sword) with those of " surrendering
" to mercy ' (or freedom from promiscuous execution
of the sword). Whitelock might truly say that such
was the decision of the Court ; but it was a decision
unsupported by, or, rather, in defiance of proof. It is
certainly not on Fairfax's evidence as related by
Whitelock that the blame of that decision must rest;
nor could any Court, where the cause was not virtually
decided before it was heard, have accepted a casual
remark, such as Colonel Berksted's, as evidence of
the meaning of a treaty which had been concluded the
preceding day. Whitelock's honest hope, " that of this
" learning none of this nation will have use hereafter,"
was most natural ; but though expressed in his ' Memo-
rials ' immediately after the evidence given by Fairfax,
it more properly applies to the proceedings which fol-
lowed.1

1 It is very probable that Whitelock's observation in fact applied rather
to the manner in which Lord Fairfax's evidence was misconstrued into
proof, than to the evidence itself : the arguments by which that evidence
was converted, or rather perverted, to that purpose, are not related by
Whitelock.

VOL. II.

114 LIFE OF LORD CAPELL. CHAP. IX.

CHAPTER IX.

ON February 17th the High Court of Justice again
sat : witnesses were called to prove the escape of Lord
Capell from the Tower. He pleaded " that he did
" not escape as he was a prisoner of war, but as he was
" sent to the Tower in another condition."1 On the
21st of February the trial continued, and the order of
the High Court was read to Lord Capell that they
would hear what he could say this day, and then pro-
ceed to judgment. He said, " He was to be compre-
" bended wholly in the martial law, and urged the
" articles again which excepted trial after by Parlia-
" rnent,2 that divers that were in Colchester in his
" condition had compounded. The breaking prison for
" treason by common law was but felony, and benefit
" of clergy might be had." At last, when he could not
get the resolution of the Court to be referred to a
trial by martial law, he moved " that he might not be
" barred of additional defence, and that, if he must be
" judged by the common law, he hoped he might

1 Whitelock's ' Memorials,' p. 376.

2 This can only mean trial for life : the liability to trial by Parliament
was declared by Fairfax from the first.

CHAI-. IX. LORD CAPELL'S SENTENCE. 115

" have the full benefit of it." He urged in favour of
this request the late Act, which said, ''Though King
" and Lords be laid aside, yet the fundamental laws
" shall be in force." He called the attention of the
Court "to Magna Charta and the petition of right,
" and pressed the consideration of the Act made in
" favour of those who assisted King Henry VII., and
" the exception in the Acts touching the Lord Strafford
" and Canterbury, that they should not be drawn in
" precedent. He desired to see his jury, and that they
" might see him, and to be tried by his peers ; and said
" he believed that a precedent could not be given of a
" subject tried for his life, but either by Bill in Par-
" liament or by a jury."2 On the 6th of March the
trial concluded : Lord Capell briefly recapitulated what
he had said on the preceding days, and further observed,
in illustration of the accepted meaning of quarter for
life, that an ordinance of Parliament had passed " that
" quarter should not be given to Irish rebels for life,
" which implied that quarter given to others should be
" inviolable for life." 3 " The President, in his scarlet
" robes, spake many hours in answer to the several pleas
" of the prisoners, and, at last, sentence was given against
" them all,4 that their heads should be severed from
" their bodies, yet with relation to the mercy of Par-
" liament." 5

On the injustice of such a sentence the judgment of
posterity must be unanimous; and, though much may

1 Whitelock's 'Memorials,' p. 377. 2 Ibid. 3 Ibid., p. 378.

4 Earl of Cambridge, Earl of Norwich, Lord Capell, Sir John Owen.

5 Whitelock, p. 378.

116 LIFE OF LOKD CAPELL. CHAP. IX.

be said in favour of the sobriety and moderation evinced
in this kingdom compared with the conduct displayed
in other countries during civil commotions ; though the
strong religious faith that influenced both parties and
pervaded all classes, the habits of self-government, and
the respect for legal forms and constitutional precedents,
preserved England from that fearful disregard of life,
and that reckless disregard of property, which have
led elsewhere to indiscriminate massacres, wanton
destruction, and wholesale executions ; yet, without
the excuse of haste, of passion, of fear, or of igno-
rance, the conduct of such a tribunal as this High
Court of Justice must be judged, though erected in
times of political convulsion, as one of deliberate
action and cool purpose. The trial lasted from the
10th of February to the 6th of March, when sen-
tence of death was passed by the Court ; but, whether
from a lingering consciousness of the perversion of
justice — from a division of opinion in the leading men
in the new Council of State1 — from a hope in some to
save, though they dared not acquit the accused, from
a timid subserviency to Parliament and the wish to be
supported in their decision by the power to which they
owed their judicial existence, and whose authority the
country still recognised, — the Court referred back the
fate of the prisoners to the mercy of Parliament. From
Parliament might have been expected the fulfilment, in
spirit and in act, of the conditions granted by Lord
Fairfax. The terms of his commission must have been

1 On the 14th of February a vote passed for thirty-eight persons to be
of the Council of State, which was to sit for a year. — Vide Appendix M M.

CHAP. IX. REFERENCE TO PARLIAMENT. 117

known to the leaders in Parliament from whom he
held it ; and it is to be presumed he did not exceed the
limits of its power, either by his rigour or by his cle-
mency at Colchester, as the Parliament had marked
their entire acquiescence in all that had occurred as
detailed by him in the letter to the Earl of Manchester,
by sending down Sir Henry Mildmay and Mr. Gordon
immediately to Colchester to express the approbation
of Parliament.1

In confirmation of the spirit in which the terms
granted to the prisoners were understood by Parliament,
it must be remembered that, even when Lord Capell,
Lord Norwich, and others, were impeached of high
treason, by neither Lords nor Commons were their
lives called in question, and in both Houses a Bill was
passed that sentenced the delinquents to banishment for
a term of years.8 But it was not in the meaning of the
terms of fair quarter, but in the composition of Par-
liament itself, that a change had taken place when this
sentence of banishment was revoked. New influences
had risen into power; forty-seven members had been
imprisoned, and ninety-six secluded ;3 and a new spirit

1 Com. Journals, vol. v. p. 695. Appendix N N.

2 The Earl of Holland pleaded, in answer to the charges against him,
" that his fact was not capital, but criminal ; that he had quarter given him
" when he was taken at St. Neede's ; and that both Houses had passed an
" order since for his banishment, the which excused the aggravations." —
Whitelock, p. 378. The Earl of Cambridge pleaded the promise of
quarter for life granted to him by Lambert when he yielded himself pri-
soner. This plea was met, not by overruling the promise of quarter for
life, but by witnesses being produced to prove that he was a prisoner to
Lord Grey before the articles with Major Lambert were concluded.

3 The seizure of the members who had voted " that the King's answers
" to the propositions were a ground for them to proceed upon for settling

118 LIFE OF LORD CAPELL. CHAP. IX.

was infused into the conduct and views of the House of
Commons, which led to fundamental changes, to the
setting aside the votes of the House of Lords, to the
trial and execution of the King, to the declaration that
the Lords were useless, to the abolition of the kingly
office, and to the erection of a second temporary High
Court of Justice to try prisoners of war. These pri-
soners were to be tried by the extraordinary court, in
spite of the terms which had been promised by the
Parliamentary General, and had been adopted by
Parliament itself in an Act amounting to a formal
condonation. The same new spirit likewise led to the
refusal of mercy when the ultimate decision was referred
to Parliament by the special tribunal, although the pri-
soners had received an assurance which had been virtu-
ally recognized as a guarantee against capital punishment.
The Earl of Warwick,2 the Countess of Holland,
and Lady Capell, appeared at the bar of the House of
Commons, to petition for the lives of those against
whom the High Court of Justice had pronounced sen-
tence of death. After some hours' debate upon these
petitions the House resolved " not to proceed any fur-
ther upon these petitions, but to leave them to the
justice of the Court that sentenced them." Such was
the result described by Whitelock of the first attempt
on the part of relations and friends to move the Parlia-

" the peace of the kingdom," well known by the name of " Colonel Pride's
" Purge," shows that the ascendancy of military power had done more to
interfere with and overthrow the privileges of Parliament, after eight
years' struggle, than Charles had ventured upon in his deservedly cen-
sured attempt to seize the five members.
2 Brother to the Earl of Holland.

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CHAP. IX. DEBATES IN PARLIAMENT. 119

ment to mercy. The petitioners then addressed them-
selves to the High Court, and obtained from them but
the short respite of two days.

The following day, March 8th, several petitions were
tendered again to the Parliament, and a letter was
received and read from the General " touching the
" articles to Lord Capell and Lord Holland."1 This
letter is unfortunately not entered in the Journals, nor
does Whitelock mention its contents. It can only,

* *

therefore, be presumed that it did not differ from his
former statements and explanations. A long debate
took place on the petitions. When the petition of Lady
Capell was read, many members spoke in her husband's
behalf, his virtues were stated, and there were those
who had the courage to call attention to the fact " that
" he had never deceived them, or pretended to be of
their party, but always resolutely declared himself
for the King." There was yet another voice on
which his fate was to hang : " Cromwell, who had known
him very well, spoke so much good of him, and pro-
fessed to have so much kindness and respect for him,
" that all men thought he was now safe." A cruel
delusion. They were but honeyed words, to conceal the
bitter purpose of his speech; and he concluded, like a

1 Commons' Journals, vol. vi. p. 159.

2 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 260.

" The Parliament also was willing to show mercy to some of these, and
" to execute others for example ; whereupon the whole House was diversely
" engaged, some for one and some for another of these lords, and striving
" to cast away those they were not concerned in, that they might save
" their friends." — Memoirs of Col. Hutchinson, p. 339, edit, Bonn's
Standard Library.

3 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 260.

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120 LIFE OF LORD CAPELL. CHAP. IX.

second lago, by turning the very virtues he lauded into
just causes of suspicion.

He informed the House "that his affection to the
" public so much weighed down his private friendship
" that he could not but tell them that the question was
" now whether they would preserve the most bitter and
" the most implacable enemy they had ; that he knew
" the Lord Capell very well, and knew that he would be
" the last man in England that would forsake the Royal
" interest; that he had great courage, industry, and ge-
" nerosity ; that he had many friends who would always
" adhere to him ; and that, as long as he lived, what
" condition soever he was in, he would be a thorn in
" their sides -,1 and therefore, for the good of the Com-
" monwealth, he should give his vote against the peti-
" tion." All men had thought Lord Capell was safe
when his merits were the theme of Cromwell's praise.
No wonder, then, that when the real purport of his
speech was understood Lord Capell's fate should have
been sealed. " Ireton's hatred was immortal," says
Lord Clarendon ; he spoke of Lord Capell and against
him as of a man " of whom he was heartily afraid."
Was Cromwell influenced by Ireton's hatred, or did he
share in his fear?- -Or had not the letter from the
Tower inspired sentiments similar to Ireton's towards
a man so uncompromising in principle, so undaunted
by adversity, so regardless of self?2

1 Cromwell's assurance of Lord Capell's unchanging loyalty was little
more than a paraphrase of his own declaration.

2 " The talents and virtues of Lord Capell were such as to render it
" highly probable that a dread of their influence precluded him from
"mercy."— Howell's State Trials, vol. iv. p. 1220.

CHAP. IX. MOTIVES OF THE SPEAKERS. 121

Who can presume to discern the mixed and various
motives by which men may be impelled to the com-
mission of a single action ? There were " very many,"
says Lord Clarendon, " who were swayed by the argu-
" ment that had been urged against Duke Hamilton,
" that God was not pleased that he should escape,
" because he had put him into their hands again when
" he was at liberty."1 Is it possible that the dark
fanaticism of the age could so misinterpret the inscrut-
able ways of Heaven as to lead men thus to mistake
their own insensibility to mercy for divine interference ?2

1 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 260.

2 The painful struggle in Colonel Hutchinson's mind, related by his
wife, between his own moral sense and this dangerous fanaticism, shows
how far even good men were under its influence in those days : — " Mr.
" Hutchinson was chosen into the first Council of State, much against his
" own will ; for, understanding that his cousin Ireton was one of the
" Commissioners to nominate that Council, he sent his wife to him, before
" he went to the House, that morning they were to be named, to desire
" him, upon all the scores of kindred and kindness that had been between
" them, that he might be left out, in regard that he had already wasted his
" time and estate in the Parliament's service, and, having had neither re-
" compense for his losses nor any office of benefit, it would finish his ruin to
" be tied by this employment to a close and chargeable attendance, besides
" the inconvenience of his health, not yet thoroughly confirmed, his con-
" stitution being more suitable to an active than a sedentary life. These
" and other things he privately urged upon him ; but he, who was a man
" regardless of his own or of any man's private interest, wherever he
" thought the public service might be advantaged, instead of keeping
" him out, got him in, when the Colonel had prevailed with others to have
" indulged him with that ease he desired.

" Although Mr. Hutchinson was very much confirmed in his judgment
" concerning the cause, yet herein being called to an extraordinary action,
" whereof many were of several minds, he addressed himself to God in
" prayer, desiring the Lord that if, through any human frailty, he were
led into any error or false opinion in these great transactions, he would
open his eyes, and not suffer him to proceed, but that he would confirm
his spirit in the truth, and lead him by a right, enlightened conscience ;

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122 LIFE OF LORD CAPELL. CHAP. JX.

The House divided on the question whether the
Duke of Hamilton should be reprieved. He had fewer
friends than the others, and, though he was not without
advocates for his reprieve, it was negatived by a large
majority.1 On the question whether the Earl of Holland
should be reprieved, the votes were equal for and
against ; the casting-vote of the Speaker was given
against him.2

Next came the question of the petition for the Earl
of Norwich's reprieve ; for him the votes were equal. The
Speaker gave the casting-vote in his favour, saying he
did so because he had formerly received some civility
from him, and by that single vote his life was spared.3

" and finding no check, but a confirmation in his conscience that it was
" his duty to act as he did, he, upon serious debate, both privately and in
" his addresses to God, and in conferences with conscientious, upright,
" unbiassed persons, proceeded to sign the sentence against the King.
" Although he did not then believe but that it might one day come to be
" again disputed among men, yet both he and others thought they could
" not refuse it without giving up the people of God, whom they had led
" forth and engaged themselves unto by the oath of God, into the hands
" of God's and their own enemies ; and therefore he cast himself upon
" God's protection, acting according to the dictates of a conscience which
" he had sought the Lord to guide, and accordingly the Lord did signalise
" his favour afterwards to him." — Memoirs of Col. Hutchinson, pp. 336-
338, edit. Bonn's Standard Library.

1 An epitaph, written at the end of a pamphlet entitled ' Digitus Dei,
or, God's Justice upon Treachery and Treason exemplified in the Life and
Death of the late James Duke of Hamilton,' and printed in 1649, shows
a bitter spirit towards that nobleman by those who were no less the
enemies of Cromwell's power. — [See Appendix 0 0.

2 Whitelock, p. 379. Lord Clarendon says, that, when the question
was put concerning Lord Holland, they who were for the negative exceeded
the number of the others by three or four votes. — Clarendon's ' Hist, of the
Rebellion,' vol. vi. p. 257.

3 " The Speaker told the House that he had received many obligations
" from that lord ; and that once, when he had been like to have incurred
" the King's displeasure, by some misinformation which would have been

CHAP. IX. LORD CAPELL'S PETITION REJECTED. 123

Sir John Owen's life was spared, says Lord Claren-
don,1 by Ireton's appeal to the mere motive and good-
ness of the House ; but it appears from Mrs. Hutchin-
son's account that this act of mercy in fact originated
entirely with her husband.

The petition presented by Lady Capell in favour of
her husband's reprieve was put to the question : a long
debate ensued ; and though, as Lord Clarendon says,
" there was not a man who had not a value for him,
" and very few who had a particular malice or preju-

" very penal to him, the Lord Goring (' under which style he was treated,
" the additional of Norwich not being allowed by them upon their old
" rule ') had by his credit preserved him, and removed the prejudice that
" was against him ; and therefore he was obliged in gratitude to give his
" vote for the saving him." — Clarendon's ' Hist, of the Piebellion,' vol. vi.
p. 288.

1 Ibid., p. 261. — " While there was such mightly labour and endeavour for
these lords, Colonel Hutchinson observed that no man spoke for this poor
knight [Sir John Owen] ; and, sitting next to Colonel Ireton, he expressed
himself to him, and told him that it grieved him much to see that, while
" all were labouring to save the lords, a gentleman, that stood in the same
" condemnation, should not find one friend to ask his life ; ' and so,' said
" he, ' am I moved with compassion, that, if you will second me, I am
" resolved to speak for him, who I perceive is a stranger, and friendless.'
" Ireton promised to second him. and, accordingly, inquiring further of
" the man's condition, whether he had not a petition in any member's
" hand, he found that his keepers had brought one to the clerk of the
" House ; but the men had not found any who would interest themselves
" for him, thinking the lords' lives of so much more concernment than
" this gentleman's. This the more stirred up the Colonel's generous pity,
" and he took the petition, delivered it, spoke for him so nobly, and was
" so effectually seconded by Ireton, that they carried his pardon clear.
" Yet, although one who knew the whole circumstance of the business,
" how Mr. Hutchinson, moved by mere compassion and generosity, had
" procured his life, told him who admired his own escape how it came
" about, yet he never was the man that so much as once came to give him
" thanks."— Mem. of Col. Hutchinson, pp. 339, 340 (Bonn's Standard
Library).

124 LIFE OF LORD CAPELL. CUAP. IX.

" dice towards him, the question being put, the peti-
" tion was negatived by three or four voices."1

Every effort that affection or friendship could sug-
gest to preserve their lives had been made by relations
and friends in the short time that elapsed between the
passing of their sentence in Court and this last appeal
to the mercy of Parliament. Money was offered, and
even received by some who were thought to have power,
and who scrupled not to promise what they could not
or meant not to perform ; while others, who were as
much above being tempted by sordid considerations as
they were unmoved by gentler sympathies, told the sup-
plicating ladies who interceded for their husbands and
fathers " that they would not endeavour to do them
<c service." Ireton, " above all," says Lord Clarendon,
" continued his insolent and dogged humour, and told
" them if he had credit they would all die."

On reviewing the trial and condemnation of Lord
Capell, the subject must be regarded not only as a
question of legal justice, but, in consideration of the
times, as a question of policy.

That he was tried for his life and condemned to
death, in spite of assurance of fair quarter, is the
heavy reproach that lies upon the justice of the Court
that tried and condemned him. There is every pre-
sumption in favour of the belief that Lord Fairfax,
who gave the quarter, Lord Capell, who received it,
and the Parliament, who, by their first sentence of
banishment, acquiesced in it, applied no other definition

1 « Hist, of the Rebellion,' vol. vi. p. 261.
* Ibid., p. 256,

CHAP. IX. JUSTICE OF THE SENTENCE. 125

to the words in which it was expressed than that which
common usage or their obvious meaning might suggest.

By what process the intricacies of legal technicalities
may have been brought to bear upon and alter the con-
struction of terms granted on the field to prisoners of
war, — by what forced construction liability to Parlia-
ment was made to include their liability to the capital
punishment from which they seemed to be exempted,
it is impossible now to say.

Whitelock has given in some detail the pleas on
which Lord Capell and his fellow-prisoners defended
themselves ; but he has not related a word nor an
argument of that long speech of (i many hours " in which
the President1 answered their pleas. This is of course
much to be regretted, as it would at least have trans-
mitted to us the knowledge of that learning of which
Whitelock hoped none of this nation would have use
hereafter.

Without, therefore, being furnished with the account
of any legal argument which might have tended to
negative the legal right, if not the spirit, of the
assurance of life, and knowing, on the other hand, the
unfavourable impression entertained by Whitelock2 of
the learning displayed on this occasion, and the dissatis-

1 Whitelock had no very great respect, it would seem, for President
Bradshaw's speaking. Upon another occasion he thus alludes to him : —
" In the Council of State the President Bradshaw spent much of their
" time in urging his own long arguments, which was inconvenient in state
" matters ; and his part was only to gather the sense of the Council and to
" state the custom, not to deliver his own opinion." — Whitelock's ' Me-
morials,' p. 380.

2 "Whitelock was at this time one of the Commissioners of the Great Seal,
now put in commission.

126 LIFE OF LORD CAPELL. CHAP. IX.

faction with the Court itself expressed by Lord Fairfax,
the misconduct of the President, who insulted Lord
Capell l on his trial, and of Ireton, who, sitting as a
judge, actually gave evidence against him, there is
nothing to create a belief that the sentence was in
conformity with the just and legal construction of the
terms granted by Lord Fairfax to those prisoners who,
having surrendered to mercy, were afterwards admitted
to fair quarter.2

Can it be urged, in extenuation of the judgment of
the Court and the conduct of Parliament, that the
condemnation of the prisoners and the rejection of their
petitions for mercy were demanded by the exigencies
of the times — that the case must not be judged by the
ordinary rules of justice or exercise of mercy ? Was it
a stroke suggested by fear or required by necessity ?
Was it part of a system, without relation to individual
cases or circumstances? Were these three peers the
first names in a long proscription list ? Was it the
ancient policy of cutting off the heads of the tallest
poppies as an example to intimidate and weaken the
hostile party ? No such policy appears to have been

1 Clarendon's ' Eist. of the Kebellion,' vol. vi. p. 255. — " The President
" Bradshaw told the Lord Capell, with many insolent expressions, ' that
" he was tried before such judges as the Parliament thought fit to assign
" him, and who had judged a better man than himself.' '

2 " Ireton, who was present, and sat as one of the judges, denied ' that
" the General had made any such promise ; and if he had, that the Par-
" liament's authority could not be restrained thereby ;' and put him in
" mind of his carnage at that time, and how much he neglected then the
" General's civility." — Clarendon's ' Hist, of the Piebellion,' vol. vi. p.
254. It would seem, by this passage that Ireton acted as judge, though
his name is not in the printed list of those who sat in this second High
Court of Justice.

CHAP. IX. POLICY OF THE SENTENCE. 127

adopted or required at this moment. The power that
had brought the sovereign to the scaffold with impunity
was far too strong to need the minor sacrifice of the
lives of a few faithful followers and adherents to add to
its strength.

Other prisoners, men of rank and fortune, taken
under circumstances similar to those of Lord Capell,
Lord Norwich, Lord Holland, the Duke of Hamilton,
and Sir John Owen, were never subjected to trial by
the High Court of Justice, but allowed the full benefit
of such terms as they had received from Lord Fairfax
or other Generals on the field. Nor could any danger
be apprehended even from the great " courage, industry,
" and generosity," so speciously attributed to Lord
Capell by Cromwell, that would not fully have been
met by the sentence of banishment which had been
pronounced against him by Parliament. Of the five
who were condemned to suffer two were pardoned.
The petition in favour of Lord Norwich, who, as chief
commander at Colchester, should have been regarded as a
greater delinquent than Lord Capell, passed by one vote,
avowedly given on the ground of personal favour. Sir
John Owen owed his pardon to the humanity of Mr. Hut-
chinson and the somewhat capricious interference of
Ireton.1

These exceptions at once forbid the idea of any

1 Lord Norwich and Sir John Owen were set at liberty on the 7th of
May following. — Journals of the House of Commons, May 7, 1649. In
Peck's ' Desiderata Curiosa,' p. 542, is the following entry of Lord Nor-
wich's death : — " January 6, 1661-2. Died George Lord Goring (in his
" passage by land from Hampton Court to London), at Brainford, aged
" about eighty years. ['He was Earl of Norwich, and buried in West-
" ' minster Abbey.— Baron, vol. ii. p. 461.'] "

128 LIFE OF LORD CAPELL. CHAP. IX.

distinct line of policy that was to be carried into effect
by the execution of these prisoners. To what, then,
must be attributed the refusal of mercy which led Lord
Capell, Lord Holland, and the Duke of Hamilton to
the scaffold ? The power of life and death seems now
to have passed into the hand of Cromwell. It was
Cromwell, says Lord Clarendon, who knew that the
Duke of Hamilton being out of the way would not be
" unacceptable to them upon whom the peace of the
" kingdom of Scotland depended." It was Crom-
well who had more than an ordinary animosity
against Lord Holland, "for his behaviour in the be-
" ginning of the summer, and for some words of neg-
" lect and contempt he had let fall concerning him-
" self."1 It was Cromwell's favourable words that led
Lord Capell's friends to think him safe, — it was
the disclosure of his real purpose that quenched at
once their hopes. It was Cromwell's son-in-law who
had conceived an immortal hatred against Lord Capell.

1 Clarendon's ' Hist, of the Rebellion,' vol. vi. p. 257. White-
lock's feelings towards Lord Holland were evidently not in unison with
those of his party who wished for his death : — " 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 gene-
rosity 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."

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CHAP. IX. LOKD CAPELL'S SENTENCE. 129

— Cromwell's speech dexterously used his virtues as the
bar to all mercy. That Ireton suggested evil counsel seems
obvious ; but Cromwell was no weak instrument to be
moulded or guided by others. His was the master mind
to receive or reject what was offered to his considera-
tion. His was the master hand that had power to
pardon or to kill. Perhaps by lending a willing ear
to the counsel and wishes of Ireton he grew to sympa-
thise in his views, but still more probably the recollec-
tion of the letter addressed to him from the Tower had
excited a jealous fear towards its inflexible writer.
The honest, plain bearing, the unflinching loyalty, the
haughty integrity, and undaunted courage of Lord
Capell, rendered him a truly formidable opponent ;
and it is difficult to arrive at any other conclusion than
that Lord Capell, "for whom all men had a value,
" and against whom very few had a particular malice
" or prejudice/' was the victim of the hostility of
personal enemies, who, though very few in number,
were at that moment highest in power.

The instance in more modern times which naturally
suggests itself as most resembling in its circumstances the
trial and condemnation of Lord Capell is that of Mar-
shal Ney. Whatever may be the opinion of the policy
that dictated the proceedings instituted against that
distinguished General, there can be none who do not
sympathise in regret at his fate. The extraordinary
courage which had procured him, even in that brave
nation, the appellation of Le Brave des Braves, the
laurels he had won as a victorious commander, and the
still greater honour he had gained by the conduct of the

VOL. II. K

130 LIFE OF I.oIM) CAPELL. < HAP. IX.

famous retreat from Moscow, have surrounded his
memory with a glory that not even his suhsequent breach
of faith could obscure ; and the history of his brilliant
services gives rise to painful reflections that the sacri-
fice of such a man, as an example, should have been
deemed necessary by the Chamber of Peers, the Ministry,
and the Court of his own country.

In the degree of culpability towards the Crown on
the part of Marshal Ney, and towards the Parliament
on the part of Lord Capell, there can be little compari-
son. No breach of trust was to be imputed to Lord
Capell. He held the Prince of Wales' commission to
raise troops and fight in defence of the King, in whose
name (however much in defiance of his personal
authority) the Parliament continued to act, when he
offered resistance to the Parliamentary General. Mar-
shal Ney, holding a commission from the acknowledged
and established sovereign, carried over the regiments
in his command to assist an invader to regain the throne
which he had voluntarily abdicated.1 But the great
difference in the circumstances by which each incurred
the liability to be tried by the reigning power does not
affect the points of comparison in their trial and execu-

1 Key's account to M. de Gazes of what passed with Louis XVIII. is as
follows :— " J'ai en effet, dit-il, baise la main du Eoi, sa Majeste me 1'ayant
" presentee en me souhaitant un bon voyage. Le debarquement de Bona-
" parte me paraissait si extravagant que j'en parlais avec indignation, et
" que je me servis en effet de cette expression de cage defer (femmenerai
<: Bonaparte dam une cage de fer). Dans la miit du 13 au 14 Mars,
" epoque jusqu'a laquelle je proteste de ma fidelite au Roi, je refus une
'proclamation toute par Bonaparte. Je la signai." — Histoire de la
Eestauration, vol. iii.

CHAP. IX. LOED CAPELL'S SENTENCE. 131

tion subsequent to a promise of life, in one case by fair
quarter, and in the other by general amnesty.

In both cases the prisoners were first tried by a Coun-
cil of War. Lord Capell received assurance of life from,
the General and the Council, and he and his fellow-
prisoners were acquitted by the Council, and reserved by
the authority of the General only for the civil judicature
of Parliament, " on account of their families and estates
being considerable." The Council of War which was
summoned to decide on Marshal Ney's fate declared
itself, upon five different grounds, incompetent to judge
the case, and it was resolved that he should be tried by
the Chamber of Peers.1

Lord Capell was sentenced by Parliament to banish-
ment ; the sentence was afterwards revoked without any
ostensible grounds, and a High Court of Justice, chosen
by Parliament, was erected for his trial for high treason
against that body. The French Chamber of Peers was
constituted a Court of Justice, the mode and form of
proceeding were prescribed by an ordinance from the
King, and Marshal Ney was tried for high treason
against the Crown.

Of the facts on which the accusation against him was
founded there was no doubt, and witnesses were pro-
duced to substantiate the evidence of his guilt. The
plea urged for his acquittal was the amnesty contained
in the 12th Article of the Convention of Paris.2 The

1 He was accused of high treason and an attempt against the safety of
the State, which, by the 33rd Article of the Charter, was to Toe judged by
the Chamber of Peers.

2 Article 12 : — " Seront respectees les personnes et les proprietes parti-
" culieres: les habitans, et en general tous les individus qui se trouvent dans

132 LIFE OF LORD CAPELL. CHAP. IX.

validity of the convention itself was disputed, on the
ground of its not ln-iiii-: signed by the King ; and the terms
of the article in question were denied to have meant an
amnesty that included political offences.1 The validity
of the articles of surrender at Colchester was never dis-
puted ; the meaning of the terms which gave assurance
of life was not denied ; but a far wider scope than was
originally intended was given to the reference to Parlia-
ment, and the power of trial for life was transferred to a
High Court of Justice.

It was alleged, in favour of the validity of the Con-
vention of Paris, that, though not signed by Louis
XVIII., he had profited by this treaty to re- enter Paris,
and that his ministers had appealed to its authority to
preserve the public monuments and gallery secured by
the llth article ; and the 15th article2 was referred to as
interpreting the 12th, when any doubts arose in favour
of the army or the town of Paris. Those who signed
the articles on behalf of Paris3 gave their evidence that
the intention of the treaty had been to protect all who
might deem themselves compromised.4 Against the

" la capitale, continueront a jouir de leurs droits et libertes sans pouvoir
ketre inquietes ni recherches, merne relativernent aux fonctions qu'ils
occupent ou auraient occupees, k leur conduite, et a leur opinion
politique."

1 It is quite clear that such was the understanding of the foreign allies
at the time they signed the Convention of Paris. — Yide Appendix P P.

2 Article 15 : — " S'il survient quelques difficultes sur 1'exe'cution de
" quelques uns des articles de la Convention, 1'interpretation en sera faite
" en faveur de Tarmee Franfaise et de la ville de Paris."

3 MM. Bignon and Bondy, on the part of the Provisional Government,
and General Guilleminot, who was added by desire of Davoust, Prince
d'Eckmuhl.

4 It is, however, said, that when the Prince d'Eckmuhl remonstrated
against the proclamations of July, he urged every argument excepting
the 12th article of the Convention of Paris.

«c

CHAP. IX. LOKD CAPELL'S SENTENCE. 133

validity of the Convention it was alleged that it was
never signed or ratified by the King of France, and
was, therefore, of no legal value before a French tribu-
nal. It had never been appealed to on the occasion of
the proscriptions of July, nor on the trial of La Bedoy-
ere, nor in behalf of Marshal Ney at the Council of
War, nor till the middle of his trial in the Chamber
of Peers, and then by the recommendation of his legal
advisers at the suggestion of a third party.1

Lord Capell from first to last maintained his plea of
fair quarter, and appealed to the fact that others in the
same situation as himself at Colchester had compounded.

The question of amnesty by right of the Convention
was summarily disposed of in the Chamber. A requi-
sition was sent to the Chancellor2 from the King's Com-
missioners for the prosecution to forbid in French
tribunals an appeal against the authority of the King,
founded on a convention made by the agents of a party
in direct revolt against the legitimate King with armies
besieging Paris.3 The Chamber of Peers could hardly,
after this prohibition, have recognised and adopted a
treaty repudiated by their own government.

Marshal Ney was pronounced guilty of high treason
by 157 Peers to one vote of not guilty, and one Peer
abstained from voting ; he was condemned to death by
the votes of 139 Peers, seventeen voted for banishment,
and five abstained from voting. Lord Capell demanded

1 Histoire cle la Bestauration, vol. iii. p. 373.

2 President of the Chamber.

3 Even the reading of the Convention, and all discussions arising from
it, were forbidden.

134 LIFE OF LORD CAPELL. CHAP. IX,

in vain that he might be tried by his Peers or by a jury,
if martial law was to be set aside. Sentence of death
was passed upon him, but again to be referred to Par-
liament. The King's pardon was sought for Marshal
Ney. A family conclave was said to have influenced
the Royal decision, and pardon was refused. A petition
in favour of Lord Capell was presented to the House of
Commons, and rejected by a majority of three or four
votes ; the great military chief who had become the
sovereign voice in the state pronounced against him,
and thus dictated the decision of others.

In the condemnation of Lord Capell and Marshal
Ney the parallel is not, as before observed, in the
offence, but in the claim of each to exemption from
capital punishment by a previous assurance of life. In the
possible construction of the 12th and 15th articles of the
Convention of Paris there may have arisen legal doubts
as to whether the case of Marshal Ney was included in
its terms ; but that the articles were not drawn up with
the intention of including cases of high treason was de-
clared at the time ; and out of nineteen persons ordered
for trial, and thirty-eight more banished from Paris
till the Chamber had decided on their fate by order
of the King's proclamation, not one claimed protec-
tion or pardon on the ground of those articles. If the
Chamber of Peers committed a breach of faith, it cannot
be said that they violated hopes of security inspired by
a convention to which none appealed till the middle of
what must be considered as the second trial of Marshal
Ney.

Lord Capell never varied in the ground of his claim

CHAP. IX. LORD CAPELL'S SENTENCE. 135

to be exempted from trial for life, and could adduce the
precedent of those who were taken prisoners under
similar circumstances, and to whom the plea was al-
lowed. There was no denial of the authority by which
the terms at Colchester were granted, nor, if the pri-
soners were unjustly condemned, was there in the
state of public feeling any reason to be adduced in
justification of withholding mercy at the last appeal.1
Even in the case of Marshal Ney, notwithstanding
the overwhelming majority of those who voted for his
death in the Chamber of Peers, it is difficult to believe
that state policy would not have been better served
by the exercise of mercy than by the strict execution of
justice ; but those who may be most inclined to censure
the condemnation or deplore the execution of the hero
of another country, must remember the humiliating fact
that a far greater breach of faith was committed at home
when a man of unimpeachable honour and courage like
Lord Capell was brought to the scaffold.

1 " Je dois ajouter qu'en 1'etat des opinions et des partis en feu, en pre-
" sence d'une majorite de deputes exaltee, il eut ete tres-difficile de com-
" inner la peine du Marechal, sans soulever Hen des orages ; ce que la
" posterite aurait considere comme le plus bel acte de la vie des Bourbons,
" la Chambre des Deputes ne 1'aurait pas pardonne au ministere, et le len-
" demain le cabinet Richelieu aurait ete mis en accusation. Quel temps
" que cette epoque de 1815!" — Histoire de la Restauration, vol. iii. p. 403.

136 LIFE OF LORD CAPELL. CHAP. X.

CHAPTER X.

Dr. Morlcy's account of Lord Capell's last hours — Lord Capell's last
letters to his Wife — His demeanour on the scaffold — He addresses
the people — He is beheaded — His feeling of loyalty towards the
King — Alleged fondness of the English people for judicial murders —
Conduct of the High Court of Justice in Lord Capell's case.

LORD Capell's conduct during the few hours of exist-
ence that now remained to him was in perfect harmony
with the rest of his life. The same undoubting convic-
tion of the rectitude of his cause — the same unbroken
spirit in declaring his opinion — the same forgetfulness
of self and thoughtfulness for others — the same lofty

courage in encountering death — the same deep humility
in bowing to the will of Heaven.

The prisoners were removed after their sentence to
St. James's House in the Park, and it was there that
Dr. Morley visited Lord Capell and administered to
him such consolations as the ordinances of religion and
the prayers and conversation of so good a man could
afford, during the short time that intervened between
his condemnation and execution. An account of these
interviews was written by Dr. Morley " when the
" events were fresh in his mind." That account has
happily been preserved. It is in Dr. Morley 's own
words that these interesting and affecting details are best
related.

CHAP. X. LORD CAPELL'S LAST HOUES. 137

" Bishop Morleifs Account of the Manner of the Death of the
Right Honourable Arthur Lord Capell, who was beheaded
by the Rebels, March the $th, 1649.1

" I went often to visit the Right Honourable the Lord Capell
a little before his dath, whilst he was a prisoner in St. James's
House in the Park, and always found him in such a temper as
became an innocent and well-resolved person.

" The night before he was to suffer, he told me he had a great
desire to receive the sacrament before his death, if he might
receive it from a minister of the King's party, and according to
the Liturgy of the Church of England; but said withal, he
feared no such person as he could receive it from could give
it him without endangering himself, and that he was loth to
endanger any man. I replied I knew not what danger there
might be in doing that Christian office to a dying man ; but
was resolved (if he pleased to take it from my hands) to venture
anything that could come of it rather than his Lordship should
die without that satisfaction. He seemed to be, and no doubt
was, very glad of this offer of mine, and gave me many thanks
for it, desiring me that (without losing any more of the little
time he had left) I would confer and pray with him in order
to his preparation for receiving the Holy Sacrament next morn-
ing. I did so ; and found that he could not accuse himself of
any great known sin, committed against the light of his own
conscience, but one only — and that was the giving his vote in
Parliament for the death of my Lord of Strafford ; which (said
he) I did against my conscience, not out of any malice to the
person of the man, but out of a base fear (they were his own
words), and carried away with the violence of a prevailing
faction, and for which (said he) I have been and am heartily

1 From the original paper of that Bishop's own writing, in the possession
of the present Earl of Essex. This paper was communicated to J. B.
Howell, Esq., editor of the State Trials, by the late Earl of Essex,
1809.

138 LIFE OF I.(H;l) CAPELL. CHAP. X.

sorry, and have often with tear.- begged, and (I hope) obtained,
pardon of Almighty God ; adding that (if I thought it neces-
sary or fit) he would confers this great and scandalous sin of his,
together with the cause of it, openly upon the scaffold, to God's
glory and his own shame ; which I telling him I thought it
would be ingenuously and Christianly done of him to do, he
did accordingly the next morning.

" Then, having prayed again with him, I left him for that
night in a most Christian temper to his own devout meditations.

" The next morning (at the hour agreed on between us,
which was between 6 and 7) I came to him again and found
him ready to receive me. We went into a chamber alone
together, where, after some spiritual conference suitable to the
present occasion, I first prayed with him and then he prayed
himself with very great zeal and fervour, and for others as well
as for himself; nay, for his enemies as well as for his friends, but
especially for the King, the kingdom, and the Church. And
all this with such apt and unaffected expressions, and in so
regular a method, that one might easily perceive that prayer
was a thing he had so often exercised that it was grown habi-
tual to him.

" Having thus prepared himself, he did, with great humility
and devotion, receive the Holy Sacrament, together with the
Earl of Norwich and Sir John Owen, who were condemned to
suffer with him, but are yet (thanks be to God) both living,
and will live, I hope, to see justice done upon those who did
condemn them.

" Having received the Sacrament, and being much comforted
by it (as finding in himself all the gracious effects of it), he was
presently put to the trial of his spiritual strength, by taking his
leave of the nearest and dearest relations that can be betwixt
flesh and blood, and the strongest ties that a noble nature can
have unto the world. For that excellent lady his wife and his
eldest son, together with two of his uncles, and his nephew Sir
Thomas Corbett, came all into the room at once (as being not

CHAP. X. LORD CAPELL'S LAST HOUKS. 139

permitted to do it severally), and at once assaulted him (as it
were) with such passionate looks, gestures, and words, bemoan-
ing and bewailing him and themselves (his lady especially) with
such sweet and tender expressions of love, sorrow, and pity, that
the greatest natural courage in the world must needs have been
shaken with it, had it not been supported (as his was) with
more than human strength and firmness. I am sure it was the
saddest sight that ever I saw ; and such a one as even that
great courage of his could not choose but be a little softened
and melted with it ; but he quickly recollected himself, and
then, with a cheerful countenance, told his wife and the rest
that he and they must all submit, not only with patience, but
cheerfulness, to the Divine Providence, which, no doubt, had
and would order all things so as should be best for him and
them too, though, perhaps, it did not yet appear to them to be
so. Then, having recommended the care of his children and
servants unto his lady, he commanded both her and his son, as
they loved him, to forgive his enemies ; ' and though ' (said he
unto his son) ' I would not have you neglect any honourable
and just occasion to serve your King and country with the
hazard of your life and fortune, yet I would have you to engage
yourself (as I, thanks be to God for it ! have done) neither out
of desire of revenge, nor hope of reward, but out of a con-
science of your duty only. My land' (said he) ' was so settled
upon you by your grandfather, that no pretence of crime in me
can deprive you of it. The best legacy I can leave you is my
prayers for you and a verse of David's Psalms, which I com-
mand you upon my blessing to make a part of your daily
prayers, as I have always made it a part of mine, viz. " Teach
me thy way, O Lord, and lead me in a plain path," Ps. xxvii.
11. For I have always loved plainness and clearness both in
my words and actions, and abhorred all doubling and dissimu-
lation, and so I would have you to do also.' Then he gave him
his blessing ; and having embraced his uncles and nephew, he
took his last leave of them all, not without some tears on his

140 i.iri-: <>r i.oi;n CAPBLL. CHAP. x.

part, as well as many of theirs. His poor lady, being not able
to support such a weight of grief, did sink under it, and was
fain to be carried out from him. As soon as all were gone,
and none left in the room but he and I, ' Well, doctor' (said
he), ' the hardest thing that I had to do here in this world is
now past, the parting with this poor woman ; let us now again
to our main concernment. I believe' (said he) ' I shall be
called upon presently to go to the place where I am to take my
leave of all the rest of the world, and, I thank my God, I find
myself very well disposed to it and prepared for it.' And then
he told me he was in good hope that when he came to die he
should have nothing else to do but to die only. * For' (said
he), ' when I am upon the scaffold, having made a confession of
my faith, and said something in honour of my master that was,
and for the service of my master that now is, I will only repeat
the Lord's Prayer upon my knees, and then lay my head upon
the block, desiring the executioner that, upon the stretching
forth of my right hand (which shall be in the very act of recom-
mending my soul to my Saviour), he would instantly do his
office.' And then he showed me the heads of what he meant
to speak off, written with his own hand, which, after he had
made use of, he gave unto his servant, just as he laid himself
down to receive the stroke, and commanded him to deliver that
paper unto me as soon as he was dead, which he did accord-
ingly. We had scarce made an end of reading this paper when
Lieutenant-Colonel Beecher, the officer appointed to convey
him and the other condemned Lords, with Sir John Owen, to
the place of execution, knocked at the door and told him it was
time for his Lordship to go, whose summons he very readily and

cheerfully obeyed.

" Presently afterward Duke Hamilton, the Earl of Holland,
the Earl of Norwich, and he, together with Sir John Owen,
were carried through St. James's Park in sedans, to Sir Robert
Cotton's house, beyond the upper end of Westminster Hall,
where they were all put into one room, and stayed there at least

CHAP. X. LORD CAPELL'S LAST HOUES. 141

an hour before Duke Hamilton (who was ordered to die first)
was carried to the place of execution, which was upon a scaffold
just before Westminster Hall, in the new palace. During the
time of their stay in Sir Robert Cotton's house, my Lord Capell,
finding his stomach a little ill, arid fearing he might be worse if
he did not do then what he had for a long time accustomed him-
self to do daily, called me aside and asked me whether he might
not take a pipe of tobacco without scandal, saying he was afraid
itjmight very much discompose him if he did not. I told him I
thought he might, and that in prudence he ought to do it, rather
than hazard such an inconvenience at such a time, when he had
need to be in the best temper. Whereupon, Duke Hamilton and
the Earl of Holland drinking each of them a little wine to com-
fort their spirit, he took a little tobacco to the same end also. All
time of his being there (which was at least two hours, he being
the last of the three that was to be put to death) he spent either
in conference with me, or in soliloquies and prayers unto God.
At last, when (the other two Lords being already executed)
Colonel Beecher came to fetch him to the scaffold, he first took
his leave of my Lord of Norwich and Sir John Owen, who were
reprieved ; giving my Lord of Norwich his cane, and would
have taken his leave there of me also, but I told him I would
wait upon him to the scaffold, and, if I might be suffered, do
him the best service I could, in assisting him in the last act of
his tragedy. Then, before he went out of the room, turning
him to the Lieutenant-Colonel and his soldiers (who were then
and had been his guard during his imprisonment in St. James's
house), ' Gentlemen,' said he, ' I do not only from my heart
forgive you, but thank you all for the kindness and civility I
have found from you, and, as I forgive you, so I forgive your
officers also, even those who are the authors of my death ; for I
verily believe that none of them do what they do out of any
malice at all to me, but because I stand in the way of some-
thing else they have to do, which they think I must and will
oppose as long as I live to the utmost of my power.' Then

142 LIFE OF LORD CAPELL. CHAI>. X.

calling me to him and giving me his watch to keep for a re-
memhrance of him, ' Doctor,' (said he,) ' I helieve they will
not suffer you to accompany and assist me on the scaffold ; but
I thank God the work in which I stood especially in need of
your help is done ; I heartily thank God and you for it. All
that I shall desire of you more is to assist me with your prayers
while I am alive, and to do the hest you can to comfort my poor
wife when I am dead, and in your prayers for me desire
Almighty God to assist me with his grace that in the last act
of my life I may so behave myself as becomes a good Christian
dying in and for so good a cause as this is ; and particularly
that, for the manner of my death, it may be with an humble
confidence in God's mercy and with a modest assurance of a
better life ; and lastly, that I may neither say nor do anything
that may savour either of a base fear or of a vain ostentation.'

" When he had said this he was immediately conducted by
the foresaid Lieutenant-Colonel and soldiers through Westmin-
ster Hall, and betwixt the guard of soldiers which stood all
along and kept off the people which thronged to see him, and who,
admiring the courage and constancy that appeared in his very
countenance and mien itself, did generally commend and bless
him, and prayed for him with loud exclamations as he went by
them.

" I followed him as far as the foot of the scaffold, and would
have gone up after him, but the Lieutenant-Colonel would not
suffer me, though either of the other Lords had their divines
there wTith them, but they were Presbyterians, and I was gene-
rally known to be a Royalist and Episcopal, which was the only
reason I can imagine why they would not suffer me to appear
before such a multitude of people as an assistant at such an
action; unless it were, perhaps, that they would have the
people believe that the Lord Capell died indeed resolutely like
an old Roman,1 but that the constancy and courage he showed
at his death was but an effect of his natural temper and consti-

1 See Whitelock's account of Lord Capell's execution, Mem. p. 378.

CHAP. X. LORD CAPELL'S LAST HOURS. 143

tution, and not of a Christian faith and hope, or of any sense of
piety, as appeared by his refusing or not caring to have a divine
with him at his death ; which was most false ; indeed, dying for
loyalty, as he did, he would not, in the last act of his life, make
use of any of those ministers whom he had reason to think had
been the contrivers and plotters, or at least the promoters and
abettors, of the most causeless and most horrid rebellion that
ever had been in the world.

" When I saw I could be of no further use to him (he
having embraced me and taken his last leave of me at the foot
of the scaffold), I presently got myself out of the place, and out
of the horror of that sight, which nothing but the consideration
of doing him some service could have hired me to see.

" How he behaved himself afterwards upon the scaffold, both
before and at his death, his best friends need desire no better
testimony than that which was there given him by his enemies,
who could not choose but admire and applaud that virtue of his,
which their barbarous cruelty would not suffer the world to
enjoy any longer.

" Thus died that truly noble, truly valiant, truly Christian,
and every way most worthy and right honourable Lord Capell ;
a great example of virtue, piety, and loyalty in the midst of
a most villanous, profane, and rebellious generation — a man
whom the world never valued to his worth, until it grew to be
unworthy of him.

" Ita Testor. GEORGE MORLEY.

" Though I writ this narrative while things were fresh in my
memory, yet I omitted one thing worthy the taking notice of by
posterity, viz., that a little before he went to the scaffold he
told me that, if I thought there were nothing of vanity or of
vain ostentation in it, he would give order that his heart should
be taken out of his body and kept in a silver box until his
Majesty that now is came home (as he doubted not he would),
and then that it might be presented unto him, with his humble

144 LIFE OF LORD CAPELL. CHAP. X.

desire that when the King his father was interred it might be
buried at his feet, in testimony of the zeal he had for his ser-
vice, and the affection he had for his person whilst he lived ;
which intention of his, being approved of by me, was afterwards
put in execution, as far at least as it could be by him, or those
whom he intrusted with it. For as soon as the King carne
home (whom I had told of it whilst he was abroad) I brought
Sir Thomas Corbet1 to him, and saw him give the silver box,
with that generous and loyal heart in it, to the King's own
hands : what is since become of it I know not."

On the very day of his execution Lord Capell ad-
dressed two letters to his wife. In both is evinced the
spirit of unselfish tenderness so characteristic of his
nature.

" MY DEAREST LIFE,

" My greatest care in relation to the world is for thy
dear self; but I beseech thee, that, as thou hast never refused
my advice hitherto, do thou now consummate all in this one. And
indeed it is so important both for thee, me, and all our children,
that I presume passion shall not overrule thy reason nor my
request. I beseech thee again and again moderate thy appre-
hension and sorrows for me ; and preserve thyself to the benefit
of our dear children, whom God, out of his love to us in Christ
Jesus, hath given us : and our dear Mall1 (in the case she is
in) and our comforts in that family depend entirely upon thy
preservation. I pray remember that the occasion of my death

1 Bishop Morley speaks of Sir Thomas Corbet as nephew to Lord Capell,
but this roust be an error. Lord Capell's aunt, Anne Capell, bom 1595,
married Sir John Corbet, Bart., of Spronston, in com. Xorfolk, 1615. •
Sir Thomas Corbet was probably the son of this marriage, and therefore
first-cousin to Lord Capell.

2 Lord Capell's eldest daughter, Mary, bom 1630, married Henry Lord
Beaucharnp, eldest son of William Seymour, Marquis of Hertford, June 20,
1648.

CHAP. X. HIS LETTERS TO HIS WIFE. 145

will give thee more cause to celebrate my memory with praise,
rather than to consider it with sadness. God hath commanded
my obedience to the fifth commandment ; and for acting that
duty I am condemned. God multiply all comforts to thee. I
shall leave thee my dear children ; in them I live with thee, and
leave thee to the protection of a most gracious God, and I rest

" Thy," &c.

The following letter was also written to his wife on
the same day he suffered : —

" MY DEAREST LIFE,

<; My eternal life is in Christ Jesus. My worldly con-
siderations in the highest degree thou hast deserved. Let
me live long here in thy dear memory, to the comfort of my
family, our dear children, whom God out of mercy in Christ
hath bestowed upon us. I beseech thee, take care of thy
health. Sorrow not unsoberly, unusually. God be unto thee
better than an husband, and to my children better than a
father. I am sure He is able to be so ; I am confident He is
graciously pleased to be so. God be with thee, my most vir-
tuous wife. God multiply many comforts to thee and my chil-
dren, is the fervent prayer of

« Thy," &C.1

Lord Clarendon says that " as soon as Lord Capell
" had ascended the scaffold he looked very vigorously
" about, and asked ' whether the other Lords had
spoken to the people with their hats on ?' and being
told that ' they were bare,' he gave his hat to his
" servant, and then with a clear and strong voice he
u said that he was brought thither to die for doing
c< that which he could not repent of: that he 'had been

1 See Letters written to different Persons, by Arthur Lord Capell, Baron
of Hadharn. Printed 1683.

VOL. II. L

a
(i

146 LIFE OF LORD CAPELL. CIIAI-. X.

" born and bred under the government of a King whom
" he was bound in conscience to obey ; under laws to
" which he had been always obedient; and in the
" bosom of a Church which he thought the best in the
" world : that he had never violated his faith to either
" of those, and was now condemned to die against all the
" laws of the land ; to which sentence he did submit.
" He enlarged himself in commending the great virtue
" and piety of the King whom they had put to death,
" who was so just and so merciful a Prince, and prayed
" to God ' to forgive the nation that innocent blood.'
" Then he recommended to them the present King ;
" ' who,' he told them, i was their true and their lawful
" sovereign, and was worthy to be so : that he had had
" the honour to be some years near his person, and there-
" fore he could not but know him well,' and assured
" them ' that he was a Prince of great understanding,
" of an excellent nature, of great courage, an entire
" lover of justice, and of exemplary piety ; that he was
" not to be shaken in his religion, and had all those
" princely virtues which could make a nation happy ;'
" and he therefore advised them ' to submit to his go-
" vernment as the only means to preserve themselves,
" their posterity, and the Protestant religion.'1' l There
is another and more detailed account of Lord CapelPs
last moments on the scaffold, which tallies still more
exactly with the intentions he professed to Dr. Morley
than as reported by Lord Clarendon :2 —

1 Hist, of the Rebellion, vol. vi. p. 263.

2 Yide ' The Several Speeches of Duke Hamilton, Earl of Cambridge,
Henry Earl of Holland, and Arthur Lord Capell, upon the Scaffold, im-
mediately before their Execution, on Friday, the 9th of March. Also

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CHAP. X. LOKD CAPELL'S EXECUTION. 147

" On his way to the scaffold he put off his hat to the
" people on both sides, looking very austerely about
" him ; and being come upon the scaffold, Lieutenant-
" Colonel Beecher said to him,
4 Is your chaplain here ?'

LordCapelL ' No. I have taken my leave of him ;'
" and perceiving some of his servants to weep, he said,
" i Gentlemen, refrain yourselves, refrain yourselves ;'
" and turning to Colonel Beecher, he said, ' What ?
" did the Lords speak with their hats off or no?'

" Col. B. ' With their hats off/
And then coming to the front of the scaffold he

said, ' I shall hardly be understood here, I think ;'
" and then began his speech as follow eth : —

" Lord Capell. ' The conclusion that I made with
" those who sent me hither, and are the cause of this

violent death of mine, shall be the beginning of what

I shall say to you. When I made an address to

them (which was the last) I told them with much
" sincerity that I would pray to the God of all mercies
" that they might be partakers of his inestimable and
" boundless mercies in Jesus Christ ; and truly I still
" pray that prayer, and I beseech the God of Heaven
" forgive any injury they have done to me ; from my
" soul I wish it. And truly, this I tell you as a
" Christian, to let you see I am a Christian.

" ' But it is necessary I should tell you somewhat
" more — that I am a Protestant; and truly I am a

the Several Exhortations and Conferences with them upon the Scaffold
by Dr. Sibbald, Mr. Bolt on, and Mr. Hodges. Published by Special Au-
thority. London, 1649='

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148 LIFE OF LORD CAPELL. CHAP. X.

" Protestant, and very much in love with the profession
" of it, after the manner as it was established in Eng-
" land by the Thirty-nine Articles ; a blessed way of
" profession, and such an one as truly I never knew
" none so good.

" ' I am so far from being a Papist, which somebody
" have (truly) very unworthily at some time charged
" me withal, that truly I profess to you, that though I
" love good works, and commend good works, yet I
" hold they have nothing at all to do in the matter of
" salvation. My anchor-hold is this : That Christ loved

me, and gave himself for me. That is that that I rest

upon.

" ' And truly something I shall say to you as a

citizen of the whole world ; and in that consideration
" I am here condemned to die, truly contrary to the
" law that governs all the world, that is, " the law of
" the sword." I had the protection of that for my life,
" and the honour of it ; but truly I will not trouble
" you much with that, because in another place I have
" spoken very largely and liberally about it. I believe
" you will hear by other means what arguments I used
" in that case. But truly that, that is stranger, you
" that are Englishmen behold here an Englishman here
i( before you, and acknowledged a Peer, not condemned
" to die by any law of England — not by any law of
" England — nay, shall I tell you more ? (which is
" strangest of all) contrary to all the laws of England
" that I know of. And truly I will tell you, in the
u matter of the civil part of my death and the cause
" that I have maintained, I die (I take it) for maintain-

CHAP. X. LOKD CAPELL'S EXECUTION. 149

" ing the fifth commandment, enjoined by God himself,
" which enjoins reverence and obedience to parents. All
" divines, on all hands, though they contradict one ano-
" ther in many several opinions, yet all divines, on all
" hands, do acknowledge that here is intended magis-
" tracy and order ; and certainly I have obeyed that
" magistracy and that order under which I have lived,
" which I was bound to obey. And truly I do say
" very confidently that I do die here for keeping, for
" obeying that fifth commandment, given by God himself
" and written with his own finger.'

Lord Capell felt his own condemnation to be a violation
of justice ; and his thoughts turning inwardly to examine
the actions of his life, the recollection that he had him-
self once taken part in a measure where law and precedent
were exchanged for the principle of " stone dead has
no fellow" became to him a subject of self-accusation
and reproach, and he thus continued his speech : —

u * And now, gentlemen, I will take this opportunity
" to tell you that I cannot imitate a better nor a greater
" ingenuity than his that said of himself, for suffering
" an unjust judgment upon another, himself was brought
" to suffer by an unjust judgment. Truly, gentlemen,
" that God may be glorified, that all men that are con-
" cerned in it may take the occasion of it of humble
" repentance to God Almighty for it, I do here profess
" to you that I did give my vote to that bill against
" the Earl of Strafford.1 I doubt not but God Almighty

1 Lord Capell's regret at having sanctioned by his vote the irregular
proceedings against Lord Strafford in no way affects his opinion as to his
guilt or innocence.

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150 LIFE OF LORD CAPELL. CHAP. X.

" hath washed that away with a more precious blood,
" the blood of his own Son and my dear Saviour Jesus
" Christ; and I hope he will wash it away from all
those that are guilty of it. Truly this I may say, I
had not the least part nor degree of malice in doing
of it. But I must confess again to God's glory, and
the accusation of mine own frailty, and the frailty of
" my nature, that truly it was unworthy cowardice not
" to resist so great a torrent as carried that business at
" that time. And truly, this I think I am most guilty
" of, of not courage enough in it ; but malice I had
" none. But whatsoever it wras, God, I am sure, hath
" pardoned it, hath given me the assurance of it, that
" Christ Jesus his blood hath washed it away. And
" truly I do from my soul wish that all men that have
" any stain by it may seriously repent, and receive a
" remission and pardon from God for it.'

Lord Capell then spoke of the virtues of the late
King, and " of our King that now is, his son," much in
the words ascribed to him by Lord Clarendon. His
speech concluded with the most earnest prayers for his
King and his country and renewed supplications for
God's mercy and forgiveness of his enemies. " Truly,"
said he, "I like my beginning so well that I will make
" my conclusion with it ; that is, that God Almighty
" would confer of his infinite and inestimable grace and
" mercy to those that are the causers of my coming
"hither; I pray God give them as much mercy as
" their hearts can wish ; and truly, for my part, I will
u not accuse any one of them of malice ; truly I will not.
" Nay, I will not think there was any malice in them ;

CHAP. X. LORD CAPELL'S EXECUTION. 151

" what other ends there is I know not, nor will I ex-
" amine ; but let it be what it will, from my soul I for-
" give them every one.

" And so the Lord of Heaven bless you all ; God
" Almighty be infinite in goodness and mercy to you,
" and direct you in those ways of obedience to his com-
" mands to his Majesty, that this kingdom may be an
" happy and glorious nation again, and that your King
" may be an happy King in so good and so obedient
" people. God Almighty keep you all ; God Almighty
" preserve this kingdom ; God Almighty preserve you
" all ! "

Then inquiring for the executioner (who had gone
off the scaffold), he spoke to him with kindness,
saying, " I forgive thee from my soul, and not only
" forgive thee, but I shall pray to God to give thee all
ff grace for a better life." Then, giving him 51., with
the promise that if anything more were due to him he
should be fully recompensed, he requested his clothes
might not be touched,1 and that none should take

1 In a work entitled ' An Exact and most Impartial Account of the
Indictment, Arraignment, Trial, and Judgment (according to law) of
Twenty-nine Regicides, &c., 1660,' one William Hulett, alias Hewlett, is
stated to have been tried and convicted as the King's executioner. One
of the witnesses on behalf of Hulett, though not to be admitted on oath
against the King, deposed that the executioner was Richard Brandon, the
common hangman ; and one William Cox gave the following evidence hi
support of that fact : — " When my Lord Capell, Duke Hamilton, and the
" Earl of Holland were beheaded in the Palace Yard in Westminster, my
" Lord Capell asked the common hangman, said he, ' Did you cut off my
" master's head ? ' ' Yes,' said he. ' Where is the instrument that did
it ? ' He then brought the axe. * Is this the same axe, are you sure ? '
said my Lord. * Yes, my Lord,' saith the hangman ; ' 1 am very sure
" it is the same.' My Lord Capell took the axe and kissed it, and gave
" him five pieces of gold. I heard him say, ' Sirrah, wert thou not

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152 LIFE OF LORD CAPELL. CHAP. X.

notice of his body but his own servants. He notified
the sign he should make when he wished the execu-
tioner to strike ; and afterwards, turning to one of his
servants, he said, " Baldwin, I cannot see anything that
" belongs to my wife, but I must desire tliee and be-
" seech her to trust wholly upon Jesus Christ, to be
" contented and fully satisfied ; J and then, speaking
to his servants, he said, " God keep you ; and, gentle-
" men, let me now do a business quickly, privately ;
" and pray let me have your prayers at the moment
" of death that God would receive my soul." With the
utmost composure he adjusted his hair under his cap ;
then, turning to the executioner, told him he had from
his soul forgiven him, and that he must strike boldly.
He advanced to the front of the scaffold, and asked of
all present to join in prayer with him that God would
mercifully receive his soul, and that for His alone
mercies in Christ Jesus. His last words, as he stood
lifting up his hands and eyes, were, "O God! I do,
" with a perfect and willing heart, submit to thy will.
" O God, I most willingly humble myself." Then,
kneeling down to try the position in which he was to
place himself, he laid his head over the block, asking
the executioner " Am I well now ? ' and raised his
right hand, as the signal agreed on for the fatal stroke,

" afraid ? ' Saitli the hangman, ' They made me cut it off, and I had 301.
" for my pains.' '—Quoted in « Notes and Queries,' vol. ii. p. 158. Be-
sides the extreme improbability of this statement, which was made for a
particular purpose, and which might be said to carry with it its own refu-
tation, it is wholly inconsistent with the detailed account, published by
authority in 1649, of what passed on the scaffold, and with the words ad-
dressed to the executioner himself.

CHAP. X. LOED CAPELL'S EXECUTION. 153

" which," says Lord Clarendon, " deprived the nation
" of the noblest champion it had." l The head was
severed at one blow, and placed by his own servants
with the body in a coffin.2 His heart was enclosed, ac-
cording to his own wish, in a silver box, with the inten-
tion of its being buried and placed at his royal master's
feet — a fit emblem in death of the devotion with which
that loyal heart had beat in life. The expected funeral
rite never took place which would have enabled this
wish to be fulfilled.

The devotion of Lord Capell to Charles personally
must naturally appear enthusiastic even to exaggeration
to those who, coolly reflecting on the character of that
monarch, can now fully appreciate his many faults and
defects, and the relation they bore upon the disasters of
his reign ; but that devotion was no less the growth of
circumstances than of principle and of feeling. It was
not only gratitude for the confidence he had enjoyed in
his sovereign's counsels, or pride in the consciousness
that his services were appreciated and his person
esteemed ; it was not only from the well-deserved ap-
probation of many qualities and virtues in the King

1 Clarendon's * Hist, of the Rebellion,' vol. vi. p. 264. For White-
lock's account of Lord CapelFs execution, vide Appendix Q Q.

2 It is to be hoped, for the sake of humanity, that the following anecdote
may, though printed so near the time, not rest on sufficient evidence to be
accepted as a certain fact : — " Be it known, too, that when the three Lords
" were murther'd upon that stage of tyranny, Cromwell, Bos vile, and
" divers others of the savage crew, stood in a room belonging to the Star

Chamber, scoffing and triumphing in the ruine of the nobility, and made
use of perspective glasses, that they might feed their eyes with those
bloody spectacles." Satia te sanguine Cromwell. — ' Digitus Dei ; or,
God's Justice upon Treachery and Treason, &c., exemplified in the Life
and Death of the late James Duke of Hamilton.' Printed at London 1649.
Bound Pamphlets, 1641-1663, vol. iv. p. 28.

154 LIFE OF LORD CAPELL. CHAP. X.

which shone in contrast to those who had preceded him
on the throne ; or from that well-earned admiration
which even his enemies could not withhold to the
courage and constancy, patience and forbearance with
which he met misfortune and endured suffering ; it was
not only from the sympathy of a pitying heart, that in-
vested its object with imaginary perfections, or swelled
into disproportionate greatness the merits of one over-
whelmed with misfortunes ; it was not only the repug-
nance of a just mind to the thoughts of those scenes in
which law had ceded to force, and by which a man in-
nocent of the crimes he was accused of was brought to
the scaffold ; it was not only from that chivalrous spirit
which draws the sword in defence of the fallen, or that
feudal loyalty which taught men to look upon their
sovereign as the liege lord to whose service fidelity
was a duty, not an opinion ; it was from none of these
causes and considerations singly ; but it was from their
combination. It was their combination that kindled
the zeal and warmed the hearts of those who willingly
sacrificed their lives and their fortunes in defence of
their King, and lent the aid of personal affection to the
sacred reverence in which the kingly office was then
held.

The King was regarded as the Lord's anointed and
the father of his people. To him, therefore, reverence
was due, as to a divine institution, and honour and
obedience as to a parent ; nor was the belief of special
interposition in the appointment of rulers by any means
confined at this time to the Royalists ; the pretensions
of the opposite party to govern the nation being also

CHAP. X. LORD CAPELL'S LOYALTY. 155

founded and supported by the constant declaration that
they were " the chosen servants of the Lord."

The pretension to divine right in kings has now
given way to the more reasonable and enlightened
belief that neither the King nor his office are more the
objects of divine interference than any other person or
institution on earth, and that the choice of the form of
government to which he will submit is as much within
the exercise of man's free-will as any other act he is
permitted to perform in life.

But whilst historians and philosophers may now
calmly consider the abstract question of the subject's
right to inflict capital punishment on the sovereign, and
may discuss the amount of guilt that attaches to the
regicide, yet, in order to fully appreciate the feelings
of the honest and zealous Royalist of that day, it must be
remembered that not only did he utterly repudiate the
right of the subject to put the sovereign on his trial, but
that he viewed the execution as a double crime, from
which he recoiled with all the horror due to the wicked-
ness of parricide and the impiety of sacrilege. The
character of Lord Capell, drawn by Lord Clarendon,
strongly marks the friendship that subsisted between
them, and is fully borne out by all that is known of his
conduct and career. " He was a man/' he says, " in
" whom the malice of his enemies could discover very
" few faults, and whom his friends could not wish better
" accomplished; whom Cromwell's own character well
" described, and who indeed would never have been
" contented to have lived under that Government. His
" memory all men loved and reverenced, though few

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156 LIFE OF LORD CAPELL. CHAP. X.

" followed his example. He had always lived in a
" state of great plenty and general estimation, having a
" very noble fortune of his own by descent, and a fair
" addition to it by his marriage with an excellent wife,
" a lady of very worthy extraction, of great virtue and
beauty, by whom he had a numerous issue of both
sexes, in which he took great joy and comfort, so that
no man was more happy in all his domestic affairs ;
" and he was so much the more happy in that he
" thought himself most blessed in them.

" And yet the King's honour was no sooner vio-
" lated and his just power invaded, than he threw all
" those blessings behind him, and, having no other
e< obligations to the Crown than those which his own
" honour and conscience suggested to him, he frankly
engaged his person and his fortune from the be-
ginning of the troubles, as many others did, in
all actions and enterprises of the greatest hazard
" and danger, and continued to the end without ever
" making one false step, as few others did ; though he
"had once, by the iniquity of a faction that then
<( prevailed, an indignity put upon him that might
" have excused him for some remission of his former
" warmth."

It seems by this allusion that Lord Capell's loyalty
had not been without the trial of some personal in-
justice which might have cooled the ardour of his
service. Lord Clarendon makes no definite statement
of the nature of the affront ; he probably alluded to the
time of his recall from the command at Shrewsbury.
This circumstance affords another instance of the facility

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CHAP. X. JUDICIAL MURDERS IN ENGLAND. 157

with which Charles could be led to mistrust or disregard
his best friends, and of the steadiness of Lord Capell's
principles and loyalty that remained unshaken by per-
sonal slights. "It made no other impression upon him
" than to be quiet and contented whilst they would let
" him alone, and with the same cheerfulness to obey
" the first summons when he was called out, which was
" quickly after."

Lord Clarendon's conclusion needs no comment nor
admits of any addition. " He was a man that, whoever
" shall after him deserve best of the English nation, he
" can never think himself undervalued when he shall
" hear that his courage, virtue, and fidelity is laid in the
" balance with and compared to that of Lord Capell."

Voltaire, in his i Essai sur les Mreurs,' has remarked
that a greater number of illustrious heads have fallen on
the scaffold in England than in all the rest of Europe
taken together. " It was" (he says) "the character of
" that nation to commit murders with the forms of
" judicial procedure." l Such observations on the pre-
eminence of England in sanguinary and unnecessary
executions fall strangely on the ear of those who have
lived since the prolonged reign of terror that was ex-
perienced in France towards the end of the last century.
The truth of his remarks should, of course, only be tested
by a comparison of such events in England with those
of other countries as had occurred prior to the time at

1 a
It

II y a en des temps sangiiinaires chez tons les peuples ; mais chez le
penple Anglais plus de tetes illustres ont ete portees sur 1'echafaud que
" dans tout le reste de 1'Europe ensemble. Ce fut le caractere de cette
" nation de commettre des meurtres juridiquement." — c. 167.

158 LIFE OF LORD CAPELL. CHAP. X.

which Voltaire wrote ; but the justice and wisdom of a
sarcasm, directed against the habits of a country whose
respect for legal forms had accustomed the people to
endure that check on popular fury and to impose that
restraint on the too cruel or too arbitrary exercise of
power, needs no such limitation in being considered or
appreciated.

Every Englishman who studies the history of his own
country will, doubtless, find but too many occasions to
mourn over the mistaken views of government that led
to the frequent impeachments for high treason and the
capital punishments that followed on political offences.
Nor can he in candour deny the reproach that many
whose names are now held in honour for their courage,
their constancy, their wisdom, and their learning, were
cut off from the service of their country — perhaps of
mankind — by the hand of the executioner. Still it was
the arm of the law that moved that hand ; and no
lessons for private assassinations were taught, no excuse
for indiscriminate massacres were to be gathered from
the process of legal investigation and deliberate punish-
ment. There is ample cause to lament that the early
periods of English history are tainted with the same
spirit of religious intolerance that pervaded all other
countries, and are clouded with the civil discords that
arise from ill-defined laws of succession. The persecu-
tion of the Lollards, the wars of the Roses, the rapacity
of Henry VII., the arbitrary caprices of his successor,
the dark bigotry of Mary, the jealous alarms of the
first Stuart, the stern fanaticism of the Puritans, and
the hard narrow policy of James, have all, in their turn,

CHAP. X. MASSACRES ON THE CONTINENT. 159

tended to swell the number of those illustrious victims
whom Voltaire describes it as the genius of the English
people to murder judicially.1

But the reader of English history will look in vain
for a parallel to the third crusade, when Louis VIII. of
France led forth his armies on a religious war against
the Albigenses, who were his fellow Christians and
the subjects of a tributary Prince ;2 the abolition of
the Templars in France, when Jacques Molay and
fifty-nine knights were burnt alive together by order of
Philip the Fair; the rural insurrections in the reign
of John the Good, well known by the name of Jac-
querie ; the persecution of the Anabaptists of Germany
in the sixteenth century, accompanied with the most
savage barbarities ; the cruelties of the Duke of Alva
in the Low Countries, in the reign of Philip II. of
Spain ; the assassination of Coligny, and the wholesale
massacre of St. Bartholomew that disgraced the reign of
Charles IX. ; the assassination of the Duke de Guise
and his brother the Cardinal, undertaken by order of
Henry III., and executed almost in his sight, by forty-
five gentlemen eager to assume the murderous task
proposed to them by their King; the expulsion of the
Moriscoes from Spain in the reign of Philip III. ; the
horrors of the thirty years' war — a war of desolation to
the country, and of almost extermination to the in-
habitants of every part of Germany that fell under its

1 Voltaire's observations conld only refer to England ; and being wholly
inapplicable to Scotland or to Ireland, it is unnecessary to allude to those
portions of the now United Kingdom.

2 Cromwell's conduct in Ireland perhaps the nearest resembles the
events of these more barbarous times.

160 LIFE OF LOKD CAPELL. CHAP. X.

influence ; the inhuman massacre of his own Protestant
subjects by the Duke of Savoy in the middle of the
seventeenth century;1 the revocation of the Edict of
Nantes, that with its sanctioned cruelties, licence, and
dragonnades, closed the seventeenth century, by setting
an example for the more infuriated excesses which, led
by France, disgraced half Europe at the close of the
eighteenth.

It would be too long and too arduous a task here to
attempt to analyze the various causes that have con-
tributed to this comparative exemption in England from
acts of cruelty on so large a scale, or in so savage a
spirit ; but, if any one cause has predominated over
others in producing this result, it has been that national
submission to legal restraint which has induced even
arbitrary power and popular fury to endure the law's
delay in performing its will or inflicting its ven-
geance.

1 Milton's invocation of Divine vengeance for the slaughtered Vaudois
has given a classical interest to this atrocious act of cruelty : —

" On the late Massacre in Piedmont.

" Avenge, 0 Lord, thy slaughter'd saints, whose bones

Lie scatter'd on the Alpine mountains cold ;

Even them who kept thy truth so pure of old,
When all our fathers worshipp'd stocks and stones,
Forget not : in thy book record their groans

Who were thy sheep, and in their ancient fold

Slam by the bloody Piedmontese that roll'd
Mother with infant down the rocks. Their moans

The vales redoubled to the hills, and they
To Heaven. Their martyr'd blood and ashes sow

O'er all the Italian fields, where still doth sway
The triple tyrant ; that from these may grow

A hundredfold, who, having learn'd thy way
Early, may fly the Babylonian woe."

CHAP. X. CAUSES OF THE DIFFERENCE. 161

The portion of English history most frequently
compared with that of France has been the war between
Charles and the Parliament, and the French Revolu-
tion about 150 years later. In both countries there
was resistance to authority, in both countries the sove-
reign was brought to the scaffold, and in each a military
despotism was afterwards established by a powerful and
successful General. But the resemblance goes no further
than in these few leading facts, lying, as it were, on the
surface; the grievances that provoked resistance were
dissimilar, — still more different were the objects for which
the people of each country strove, and the mode in
which redress was sought.

In France it was a revolution of vengeance and
destruction — a revolution that was to blot out the
whole history of Christian civilization, and recur to
Pagan Rome for example in government and morals:
in England it was a struggle to define and purify an
established constitutional government, to which all par-
ties professed equal attachment. In France the iron
grasp of military power rescued the country from
anarchy : in England that ascendancy of military go-
vernment which naturally arises when the cause of civil
rights is to be determined by arms, subverted the con-
stitution for which the country had shed some of its
best blood.

But it is not the causes and objects of a revolution
that alone display the influence of institutions on the
habits of a nation ; that influence is still more strongly
felt by its conduct when roused to the highest pitch of

VOL. II. M

162 LIFE OF LORD CAPELL. CHAP. X.

popular excitement. Habit and customs maintain their
power when the wonted authority of Government has
been shaken ; and at no period will the value of habitual
deference to the forms of law and legislation be so well
appreciated as when they have served to check the
dangerous course of a people set free from the restraints
of ordinary duties and occupations, and fired with the
ambition of acquiring new power.

It was in the time of civil war that England was
saved by her habit of legality- -that habit which Vol-
taire intended to satirise — from the wholesale slaughter
which has left on his own country the indelible stain of
terrible and needless bloodshed.

Even in the most oppressive government no written
laws were ever so sanguinary in their avowed intention
as in their evasion or defiance. Legislators have little
inclination to be cruel in theory, and in cold blood to
reduce into the form of laws those maxims by which
they may often have been guided or hurried into action ;
they naturally shrink from exposing to their subjects or
to the civilized world a code that would be repugnant to
humanity. The worst laws that could be framed for a
civilized community are sure to be just and humane,
compared with the actions of Governments throwing off
all restraints, or with the lawless deeds perpetrated by
an excited populace. However melancholy may be the
reflection that in particular instances the law has been
so misapplied, or mercy so overruled, as to have occa-
sioned or permitted the unjust execution of some few
lives should have been held sacred, yet the

CHAP. X. HIGH COUETS OF JUSTICE. 163

habit of referring to legal forms and Parliamentary
usage saved England, even when her Government was
unsettled, from any great excesses of cruelty and licence.
It is happily not by the standard of other countries
that the faults and merits of this portion of English
history is to be tested, — it is not in the system of terror,
which created new names and modes of murder, that

the events of this civil war in England are to be com-
pared. Outrages so humiliating to human nature as
the noyades, the fusillades, the proscriptions, the fre-
quent seizure of members of the Assembly, who imme-
diately paid the forfeit of their lives for the expression
of an opinion which had ceased to be popular, the
murder of prisoners in their places of confinement, the
deaths by the guillotine that savoured more of indis-
criminate massacre than of legal execution, had found
no precedent in England. In the war between Charles
and the Parliament she had remained free from that
moral insanity which afterwards divided a people 150
years older in civilization, and pre-eminent in refine-
ment and luxurv, into instruments of destruction, or

V '

victims to be destroyed.

But whilst England stands free from the crimes of
frantic violence, so also must her conduct be judged
without the excuse of that national excitement which
rose to delirium. The actions of each contending
party must be regarded as those of deliberation ; their
virtue must be tried by the principles by which civilized
nations profess to be guided ; their wisdom and merits
must be judged by their fitness to the end proposed ;
with rival standards and hostile armies in the field, each

M 2

164 LIFE OF LORD CAPELL. CHAP. X.

party declared their intention to maintain the monarch
on his throne, and to secure to Parliament the free
exercise of their privileges. So far as either departed
from the avowed spirit of their intentions, they are
open on that point to the charge of insincerity in their
declarations, or of aggressions in power. When hostilities
commenced, the rules of war were professed to he
maintained ; any departure from their observance must
therefore be regarded as a breach of faith.

The erection of the new High Courts of Justice was
a tribute to the feelings and principles of the country at
large ; the people would never have borne the execution
of either the King or of those few Royalists who perished
on the scaffold for their adherence to his cause, had
they not believed their condemnation carried with it
the sanction of a trial by law. On these High Courts
of Justice rests the responsibility of having perverted
the law, or timidly yielded to the pressure of the
military power, which had then virtually assumed the
direction of affairs. In palliation of the conduct of the
second High Court, erected for the trial of Lord Capell,
Lord Norwich, and others, it must be remembered that,
if from policy or want of courage they condemned the
prisoners, there remained enough of mercy or of
conscience to refer their judgment back again to Par-
liament. By this act the lives of some were spared ;
the execution of the others is mainly attributable to the
extraordinary influence then exercised by one man over
all that remained of government in the country, either
civil or military.

The brilliant success of Cromwell as a general, the

CHAP. X. CONDUCT OF CROMWELL. 165

prosperity of the country under his rule, the respect he
commanded for England abroad, the remarkable vigour
of his mind, his undaunted determination of purpose,
his skill in adapting each event as it rose to the fulfil-
ment of his ends, the tincture of fanaticism which,
whether simulated or real, increased his fitness to govern
at a time when the mild virtues of the Christian revela-
tion had been obscured bv a constant recurrence and

imitation of the more warlike dispensation of the Jews,
the constant doubt that accompanies the consideration
of his character as to the line which should be drawn
between genuine enthusiasm and artful hypocrisy —
have all tended to give a glory and an interest to his
name and to his rule in England that has with some
wiped out the recollection of the events which accom-
panied his rise.

But whatever may be the services which entitle him
to the gratitude of his country, and have gained him the
admiration of posterity, he has left upon the close
of the civil war the stain of unjust judgment, — the
uncalled-for, unmerited, and unmerciful condemnation
of Lord Capell, whom, of all others, Cromwell as a
soldier should have protected, when fair quarter for
life had been granted him on the field.

166 MH-; OF LORD CAPELL. CHAP. XI.

CHAPTER XL

Epitaphs on Lord Capell — Disposition of Lord Capell's Heart — Lord
Capell's Contemplations — His Reflections on the Death of the King
— Verses attributed to him — Lady Capell's subsequent Life —
Children of Lord and Lady Capell — Portraits of Lord Capell.

LORD CAPELL'S death appears to have been the subject
of various epitaphs. Amongst others, the following
quaint acrostic by Quarles was published in 1649 : l —

Ax EPITAPH UPON THE EIGHT HONOURABLE.

A tower is fallen, and it lies

R epresented to thy eyes ;

T herefore, reader, if thy breath

H ad an interest in his death,

U nfix thy thoughts and post away ;

R eason forbids a tyrant's stay.

L avish out your hearty cries,
O pen wide your flowing eyes ;
R ecord his worth, and let all hearts
D ote upon his living parts !

C an any think upon his name
A nd not labour to proclaim
P erpetual praises to his worth,
E ngaging hearts to set him forth ?
L et all men say — and not repent —
L o, here lies murther's complement !

Dignum laude virum musa vetat mori.

1 Piegale Lcctum Miseries, p. 103.

CHAP. XI. EPITAPHS ON LORD CAPELL. ] 67

At the end of Lord CapelPs i Excellent Contempla-
tions ' are printed two more epitaphs ' Upon the Suffer-
ing of this Courageous and Noble Lord :' —

EPITAPH ox THE LORD CAPELL.

Here virtue, valour, charity, and all
Those rare endowments we celestial call,
Secluded are. Nor wonder at the story —
Capell lies here — loyalty's chiefest glory

ANOTHER.

Disturb me not ! my soul is mounting high

To pyramid great Capell's memory.

I'll range my thoughts ; it is a world that shall

Be ruled by Capell's echo : hallow all,

Ye sacred muses, and conspire to bring

Materials for this work ; and learn to sing ;

For, should you weep, your eyes might undertake

To drown the world which I intend to make.

Forbear, your tears are useless ! You must now

Gaze upon, earth with an undaunted brow.

Capell hath taught us how to entertain

The pallid looks of fate ; by him we gain

The art of dying, and from him we have

The definition of a deathless grave.

Rare soul ! I say thy ever active fame

Shall build a world unto thy pregnant name ;

And every letter of thy stem shall raise

A spacious kingdom, where thy ample praise

Shall be recorded — every list'ning ear

Shall prove ambitious, be entranced to hear.

'Twill be a glory, when the world shall say—

'Twas bravely done ! his Sovereign led the way,

And he, as valiant soldiers ought to do,

March 'd boldly after, and was always true

To sacred majesty ! his hero'd breath

Disdain'd to fear — he rather courted — death.

1 Sheppard's Epigrams, p. 94.

168 Lin-; <>r LOI;I> CATELL. rim-. XL

Death added lite unto his thoughts, for he
Contemn'd a death he bought with victory !
The very birds shall learn to prate and sing
How Capell suffered for his royal king !l

Again, in a poem entitled c Yaticinium Yotivum/
appear the following lines :-

OBSEQUIES ox THAT UXEXEMPLAR CHAMPION OF CHIVALRY, AND
PATTERN OF TRUE PROWESS, ARTHUR LORD CAPELL.

The scaffold turn'd a stage, where, 'tis confess'd,
The last act, though most bloody, proved thy best :
It proved thy solemn coronation, since
The yard's thy palace, and a glorious prince
Thy president, who after him art hurl'd,
To meet thy sovereign in another world ;
Transferr'd from earth to heaven, to remain
A fixed star, and wait on Charles his wain.2

It is mentioned by Fuller, that one, " not unhappily
" alluding to Lord Capell's arms (a lion rampant in a
" field gules betwixt three crosses), thus expresseth him-
« self: —

Thus lion-like Capell undaunted stood,
Beset with crosses, in a field of blood.

" A learned doctor in physic (present at the opening
" and embalming of him and Duke Hambleton) delivered
"it at a public lecture that the Lord Capell's was the
" least heart (whilst the Duke's was the greatest) he ever
" beheld. Which also is very proportionable to the ob-
" servation in philosophy, that the spirits contracted in a
" lesser model are the cause of the greater courage." 3

1 Printed at the end of the * Excellent Contemplations, Divine and
Moral.' Published 1683.

2 Tide poem in ' Yaticinium Yotivum.'

3 Fuller's ' Worthies of England,' Hertfordshire, p. 28.

CHAP. XI. LOBD CAPELL'S HEART. 169

The subsequent history of that heart, which Bishop
Morley mentions as having been placed by Sir Thomas
Corbett in the hands of Charles II., and which was
never destined to occupy the place to which it was as-
signed by Lord Capell, is as follows: —

The silver box which contained the heart was enclosed
in another box with two locks, and given into the hands
of Lord Beauchamp, son-in-law to Lord Capell, who had
the keeping of one key, and Sir Thomas Corbett of the
other. Lord Beauchamp, on his death-bed ] delivered
the box to Sir Thomas, who again, upon his death-bed,
delivered it to the Earl of Essex. The box was laid by
in the Evidence-room at Hadham, where it remained
till after the Earl of Essex's death. It was then found
by the steward of the late Earl. His Lordship, not
knowing what it contained, inquired of his mother,2 and
from her he learnt what were its contents, and the box
was removed to the family vault at Hadham.3 A
more detailed account of what passed respecting the dis-
covery and interment of Lord Capell's heart was given
by the Kev. Anthony Hamilton, F.E.S., Y.P.S.A.,
in a paper dated May 28, 1804, and printed in
the ' Archseologia ' (vol. xv. p. 300). Dr. Stanley,
Dean of St. Asaph, possessed the rectory of Had-
ham, Herts, from 1690 to 1722, when he resigned it to
his second son, Francis, the immediate predecessor of
Dr. Hamilton. " Dean Stanley had, in the early part
" of his life, been chaplain to the Earl of Essex, and

1 Lord Beauchamp died anno 1656, aged twenty-eight years.

2 The wife of Arthur Capell, first Earl of Essex, and mother of Alger-
non, second Earl, was Elizabeth, daughter of Algernon Percy Earl of
Northumberland.

3 MS. account in the possession of Lord Essex.

170 I.ll'K OF U>1M> rAl'KLL. CflAP. XI.

" during his whole life was very much in the confidence

•

u of the family. In 1703, when the family removed
" from Hadham Hall to settle at Cashiobury, near
" Watford, Herts," the Dean was desired by the Earl
of Essex1 of that time to take the care of the Charter-
room and whatever was contained in it. In the " exc-
" cution of that office he discovered, in a press in the
" Charter-room, a silver cup and cover, closely locked
up, writh a written account that it contained the heart
of Arthur Lord Capell." The discovery of the cup
was instantly communicated by the Dean to the family,
and he received directions that the cup, as it was found,
should be carefully deposited in the family vault at
Little Hadham ; upon which the Dean represented to the
family, that, as the sexton, and perhaps others, would know
that a large silver cup was deposited in the vault, upon
some future occasion of opening it the cup would probably
be stolen. He recommended, therefore, that an iron box
should be provided, which should give more security, and
the silver box be sold and the money given to the poor
of the parish, which was accordingly done ; and the iron
box is in the family vault, with the heart contained in it.

Lord Capell was buried in the church at Little
Hadham. On the tomb is inscribed —

" Here under lyeth interred the body of Arthur Lord Capell,
" Baron of Hadham, who was murdered for his loyalty to King
" Charles 1st, March 9th, 1648."

It is probable this inscription was not written till after
the Restoration, for such a testimony to the consequences

1 Algernon, second Earl of Essex. He succeeded to the title on the
death of his father in the Tower, 1683, and died January, 1709-10.

CHAP. XI. LOED CAPELL'S MEDITATIONS.

of his loyalty could hardly have been rendered, during
the Protectorate, consistent with safety to his surviving
family.

Lord Capell was the author of a work entitled ' Con-
templations Divine and Moral,' and which were pub-
lished after his death, in a quarto pamphlet, entitled
4 Daily Observations, or Meditations Divine and Moral,
' written by a Person of Honour and Piety.' Likewise
of some letters written to several persons whilst he was
prisoner in the Tower, vigorously asserting the royal
cause against its enemies.

A selection from these Meditations will be sufficient
to show that the writer possessed both vigour of thought,
acuteness in observation, and power of expression.

XVI.

I observe divers, who have many affairs, that by the infelicity
of one are so distempered, that they lose all consideration to
guide themselves in the rest. Nay, the loss of a trifle shall
nullify all the contentments of millions of enjoyed blessings ;
like that master of a ship that should neglect the compass,
mainmast, and stern of the ship, because some slight flag is lost.

XVIII.

Biting jests, the more truth they carry with them, the broader
scarred memory they leave behind them. Many times they
are like the wounds of chewed bullets, where the ruggedness
causeth almost incurable hurts.

XIX.

I have seen many who have much laboured themselves
to imitate other men's plausible humours. But it was seldom
or never without a flatness, if not absurdity. For it rarely

1/2 LIFE OF LORD CAPELL. (HAP. XI.

happens that one man's clothes fit completely upon another,
for all proportions seldom concur. Neither can any assume
another's humour, hut there will appear either some defect or
redundancy, which will miss that natural evenness that renders
men pleasant.

XXVIII.

Many entire friendships have been put out of joint by the
decision of meura and tuum. And when both have casualties
fallen beyond their expectation, yet both swell so big with inor-
dinate desire of more, that it bursts all their former amity.
And it is the hardest thing in the world to preserve and con-
tinue love with those friends that question it.

XXX.

In this tempestuous world no line holds the anchor of con-
tentment so fast as a good conscience. Man's favour is but a
fine thread that will scarcely hold one tug of a crafty talebearer.
Honour slips the noose, when vulgar breath, wearied with
constant virtue, is more affected to novelty. Riches are gnawn
asunder by the greedy teeth of devouring leviathans, cruel
tyrants. But this cable is so strong and well compact, that
when force is offered to it the straining rather strengthens by
uniting the parts more close.

XXXIII.

The wearied man desires the bed, the discontented man the
grave ; both would fain be at rest.

XXXIV.

Two sorts of enemies, most dangerous, and both inseparable
from the miserable condition almost of all men, but altogether
of men of great fortunes, — the flatterer, the liar ; one strikes
before, the other behind ; both insensibly, both dangerously.

CHAP. XI. LOED CAPELL'S MEDITATIONS. 173

XXXVII.

In heat of argument men are commonly like those that are
tied back to back, close joined, and yet they cannot see one
another.

XLL

It is humanity to use servants gently, and not slavishly ; but
on the other side, to give any one too much superiority is the
way to discourage the rest, make him insolent, and yourself
contemptible.

LI.

Expense is not the only thing that cracks men's estates, but
the regardlessness of what and how we spend. For men of
great fortunes I have seen enjoy no more, neither in substance
nor show, than those of less who have sided with them in the
same courses ; yet the greater have perished, and the less held
up. For the most provident may spend most.

LVIL

The true Christian man looks not backward but forward ;
not pharisaically prides himself to see those that are worse
than himself, but encourageth himself to reach the perfection
of the best ; stands not still, like millposts, that rot in the places
where they were set. All his life is a race, a progression.

LXIII.

There is much delight in the society of men of witty and
pleasant discourse. But if they be not qualified with true
honesty, we shall pay dear for our sport, if we entertain them
into any strict familiarity.

LXVIII.

Wealth without friends is like life without health. The one
an uncomfortable fortune, the other a miserable being.

174 LIFE OF LORD CAPELL. CIIAP. XI.

LXXI.

Let our thoughts and actions towards God be pious, to our
neighbour charitable, toward ourselves sober ; and our present
life will be peaceable, our memory praised, and our happiness
eternal.

LXXV.

The idle man is more perplexed what to do than the
laborious in doing what he ought.

LXXX.

Most men that affect sports account them a principal part of
their life; 'and that I conceive to be the reason why they pro-
secute them with so much affection, and, if crossed in them,
demonstrate too much passion. But to consider truly of them,
they are but pastime, little removed from lost time. And if
their insinuating delight to steal us from our more necessary
occasions, yet it is absurd to suffer any perplexity for them
when they fall out crossly, or to be dandled by them at their
best.

LXXXVI.

Many who are dunces in their own professions will under-
take to dispute like doctors in every other art. But I know
not a greater probate of folly than this ; for, besides that it
manifests an unsettled mind to pursue such diversity, he cannot
choose but betray his own ignorance in everything who is so
ill skilled in his own art.

xc.

A wise man will not speak the truth at all times ; nor an
honest speak an untruth at any time.

xcv.

Obstinacy is advantage to our enemies, trouble to our friends,
and the assured overthrow of ourselves.

CHAP. XI. LORD CAPELL'S MEDITATIONS. 175

XCVIT.

It is frequent with many, upon every slight and trivial de-
mand, to pawn their reputation ; a most inconsiderate thing :
for what is so often lent, and passeth so many hands upon every
occasion, cannot but lose much of its lustre, and receive soil.

CII.

I will obey my parents, honour my superiors, love my equals,
respect my inferiors ; wife and children shall be dearer to me
than myself. But none of all these, nay, nor all these, shall be
prized by me like truth. Nay, what are all these if truth be
wanting, which is the ligament that binds all these together ?

CV.

As light not only discovers the gross substances of things,
but their figures and colours, so wisdom not only perceives the
actions themselves, but the affections with which, and intents to
which, they were done.

CXVI.

Nothing more common and general than death ; and yet, be-
cause it happens to particulars but once, and there is no know-
ing it twice, nothing more rare and strange. But since it is
so certain, wise is the man that will not pretermit any occasion
that may familiarise it to him ; which will both take away the
strangeness and mitigate the terror of it.

CXXXI.

A gentle acceptance of courtesies is as material to maintain
friendly neighbourhood as bountiful presents.

CXXXVL

The inconveniences of promises are so many and dangerous,
that it were better to be liable to the censure of being of a
tenacious disposition (which nevertheless one may by wisdom

1 76 LIFE OF LORD CAPELL. CHAP XT.

avoid) than to be enthralled by fetters of our own making,
whereby we are enforced many times to purchase our own
liberty with the great discommodity of our own affairs ; or else
to break those shackles with that violence that our reputa-
tion must suffer sore bruises.

CXXXVII.

Eminent evils are by providence diverted, those that are
fatal by patience endured, and all by wisdom profitably used.

CXXXVIII.

When the greatest, and those that should be the gravest,
councils and courts in a commonwealth are ordered tumul-
tuously and contentlously, it is an apparent symptom of a sick
and languishing state. For when the chief, and those that are
the first-moving wheels keep not true time, all the rest are
misled.

CXXXIX.

Those that hastily censure other men's good or ill conduct of
their affairs are commonly far off from the right judgment.
For, though prosperous event be the happiness of endeavour,
yet circumstances are considerable parts of every undertaking ;
and he that is ignorant of these barely and grossly knows the
action, but not the nature of it. And especially those busi-
nesses which have many agents and patients cannot rightly be
censured but by those that well understand the parties.

CLVI.

'Tis a great curse for a man to be given over to that blind-
ness that he loves flatterers and hates friends.

CLXX.

Contentious persons are always busied in making nets for
others. And it seldom fails but in some they are caught
themselves ; and then none more unskilful how to entangle
[untangle ?] themselves.

CHAP. XI. LORD CAPELL'S MEDITATIONS. 177

CLXXXI.

It is incredible how much one unquiet perverse disposition
distempers the peace, prosperity, and unity of a whole family
or society. For they seldom stand alone ; the matter, if they
did so, were not great. But they having begun, then par-
taking and contrarieties arise ; and the contagion spreads like
a strong herb in pottage, every man's mess savours of it.

CCVI.

Unkindness among friends is like a brack in a garment, un-
less timely stopped ravels from top to bottom.

CCXXIV.

I would endeavour to strangle all ill conceits of a parent,
even at their first beginning, though there were too much occa-
sion for them ; but to aggravate any upon never so just grounds
is a degree of parricide.

ccxxv.

That religion which principally intends internal integrity,
and is exercised with external decency, is far more holy than
that which, by external glory and pomp, incites more ocular
admiration than inward sanctity.

CCXXVI.

If I could I would labour, and, if not able to labour, the law
of nature would allow me to beg; but rather than steal I

would die.

CCXXVIL

A man may be a good practical moralist and no Christian,
but a man cannot be a good Christian and an ill moralist,

CCXXVIIL

Those women that desire to marry such dolts as they hope
to govern and rule as they list, are like those that spend all
their lifetime in leading of the blind.

ccxxx.

Th e life of a little sick infant is as hazardous and hope-

VOL. II. N

178 LIFE OF LORD CAPELL. CHAP. XI.

less as the safety of a small bark in the sea, unbalanced and
without a steersman. Every wave, though not rough, tosseth
and endangered! the safety of it. So, these little ones wanting
strength as the ballast, and reason as the steersman, by which
they might either help themselves or direct others for their
help, small infirmity dissolves them ; but God manifests him-
self most where there are least natural means, and by his good-
ness they are preserved.

Lord Capell has left in some unpublished MSS.1 some
reflections ' On the Death of the King/ which appear to
have been addressed to some real or imaginary person,
and the concluding passages afford no bad specimen of
the forcible and energetic language in which he clothed
his strong feelings on the subject : —

" I have seene, reade, and observed the speech of your Pre-
sident Bradshaw : whether hee were the delieverer or mouth of
others' conceptions or of his owne, or whether it were made upp
since, it matters not, the matter of it is as pertinent to your
pourpose as if the rodds and axes of the antient Roman state
had beene carried before this vile fellow, or as if hee had given
his ugly sentence with the Turkish tiara or turbant uppon his
heade. What signifyes your Tribunes of Rome, your Ephori of
Lacedemon, to our manner of administration? and what signifyes
the temporary successful treasons in Spayne, France, Arragon,
or England, and lastly of Scotlande, which, whether you memo-
rated as a reproach or comendation of the nation, doth not yet
appeare? this is comonly knowne, that that nation were the
beginners of our troubles, and it is almost as comonly believed
they were abused into it by bribes and a cunning Cardinall.
AVhy did you not likewise speake of rebellious Sheba and
cursing Shemei ; of Spendious and Matho amongst the Car-

1 In the possession of the Earl of Essex.

CHAP. XI. LOKD CAPELL'S MEDITATIONS. 179

thaginians; of Sylla, Marius, Catiline, and Caesar amongst
the Romans ; Cade and Tiler amongst us English men ?
Heere you might have fitted all turnes both against the Kinge
and the Parlament ; but know this, lett the attempts to subverte
established rules be successfull or unsuccesfull, historifyed they
are as beacons and marks to avoyde the rocks and sands that
honor, duty, and conscience, indeede all the goods that humain
nature is fraughted with, would otherways shipwrack themselves
uppon. Remember that settled magistracyes are God's ordi-
nances amongst men/'

These reflections on the Death of the King were
followed by the following pious meditations :T —

" God's secret will is unknown : whatsoever it be, his name
be magnified. My duty is to walk by the revealed and acknow-
ledged rules of his truth, and the received precepts of virtue ;
which though through my frailty I have not practised so well
as I should, and as I wish I had, yet never shall the fear of
death (by his divine and gracious assistance), no not in the
ugliest shapes attired, daunt me from asserting them. I know
my cause is good, and that my sufferings answer not the value
and worthiness of it. I know that my Redeemer liveth that
died for me. Most willingly I die for his truth, and for acting
my duty to his servant, the King, whom he had placed here
upon his terrestriall throne amongst us. I know and believe
that to dye is gain, the gaining of an immortal and incor-
ruptible life, with eternal felicity in the sight of God my
Saviour and his blessed Angels. ' Bloody and deceiptfull men
shall not live out halfe there days, but I will trust in thee '
(55 Psal. ver. 23).

" My Saviour the cross sanctified,
My King the block hath dignified ;

1 In the original MSS. these Meditations form the concluding paragraph
of the letter or essay * On the King's Death,' but they are also printed at
the end of the ' Contemplations Divine and Moral.'

180 LIFE OF LORD CAPELL. CHAP. XL

Crosses nor blocks I do not fear,
Sanctifi'd, dignifi'd, they are.
Gloria Deo in excelsis."

Lord Capell is the reputed author of some verses
inserted in the ' Gentleman's Magazine ' for 1757.
The verses, having been ascribed to him in so popular a
work, have obtained the reputation of being his compo-
sition, though the fact of their not being published in
the collection of his meditations and letters, nor any
trace to be found of poetical writings in his unpub-
lished MSS. at Cassiobury, rendered the supposition of
his being the author very improbable. They were
printed with the following letter, announcing their
authorship and the occasion of their composition : —

MR. URBAN,

The following stanzas were written by Lord Capell when
he was a prisoner in the Tower during Cromwell's usurpation ;
they have much of original cast, and I believe have never been
in print. If you will preserve them in your repository of lite-
rary curiosities you will oblige several of your readers, besides
yours, &c. J. S.

Beat on, proud billows ; Boreas, blow ;

Swell, curled waves, high as Jove's roof;
Your incivilities do plainly shew

That innocence is tempest-proof.
Though surly Nereus frowns, my thoughts are calm ;
Then strike, affliction, for thy wounds are balm.

That which the world miscalls a jail,

A private closet is to me ;
Whilst a good conscience is my bail,

And innocence my liberty,
Locks, bars, and solitude, together met,
Make me no prisoner, but an anchoret.

CHAP. XI. LORD CAPELL'S POETRY. 181

Here sin, for want of food, must starve,
Where tempting objects are not seen ;
And these strong walls do only serve

To keep rogues out, and keep me in.
Malice is now grown charitable, sure ;
I'm not committed, but I'm kept secure.

And whilst I wish to be retired,

Into this private room I'm turn'd ;
As if their wisdom had conspired,

The Salamander should be burn'd.
Or, like those Sophists who would drown a fish,
I am condemn'd to suffer what I wish.

The Cynic hugs his poverty,,

The Pelican her wilderness,
And 'tis the Indian's pride to be

Naked on frozen Caucasus.
Contentment feels no smart ; stoics, we see,
Make torments easy by their apathy.

I'm in this cabinet lock'd up,

Like some high-prized margarite ;
Or like some great Mogul or Pope

I'm cloister'd up from public sight.
Retir'dness is a part of majesty,
And thus, proud Sultan, I'm as great as thee.

These manacles upon mine arm

I as my mistress' favours wear ;
And for to keep mine ankles warm,

I have some iron shackles there.
These walls are but my garrison ; this cell,
Which men call jail, doth prove my citadel.

182 LIFE OF LORD CAPELL. CIIAP. XI.

Thus he that struck at Jason s life,

Thinking to make his purpose sure,
By a malicious friendly knife,

Did only wound him to his cure.
Malice, we see, wants wit ; for what is meant
Mischief, oft times proves favour by th' event.

Altho' I cannot see my king,

Neither in person nor in coin,
Yet contemplation is a thing

That renders what I have not, mine.
My king from me no adamant can part,
Whom I do wear engraven in my heart.

Have you not heard the nightingale,

A pris'ner close kept in a cage,
How she doth chant her wonted tale

In that her narrow hermitage ?
Ev'n that her melody doth plainly prove
Her boughs are trees, her cage a pleasant grove.

I am that bird which they combine

Thus to deprive of liberty ;
And tho' my corpse they can confine.

Yet maugre that my soul is free.
Tho' I'm mew'd up, yet I can chirp and sing
Disgrace to rebels, glory to my king.

My soul is free as is th' ambient air

Which doth my outward parts include,
Wliilst loyal thoughts do still repair,

To company my solitude.
What tho' they do with chains my body bind ?
My king can only captivate my mind.1

1 In some copies of this poem the following stanza is inserted between
the seventh and eighth : —

" When

CHAP. XI. LORD CAPELL'S POETEY. 183

In Parker's edition of Walpole's ' Royal and Noble
Authors'1 appears a note which shows that the real writer
of the verses in question was Roger L'Estrange : —

" This excellent old song (says Dr. Percy) is preserved in
David Lloyd's Memoirs of those who suffered in the cause of
Charles I. ; and he speaks of it as the composition of a worthy
personage who suffered deeply in those times, and was still
living about 1668, with no other reward than the consciousness
of having suffered. The author's name he has not mentioned,
but, if tradition may be credited, this song was written by Sir
Roger L'Estrange. (Reliques, vol. ii. p. 334.) In Harl. MS.
3511 (which MS. bears the autograph of Arthur Capell as
its former possessor)2 a copy of the above occurs, which is en-
titled ' Mr. Le Strange his Verses in the Prison at Linn ;'
so that Lord Capell's slight pretensions to the composition
seem to be annihilated."

Lord Capell was one of the subscribers in money to
the printing of Brian Walton's elaborate work, ' Biblia
Polyglotta,' in which the sacred text was printed in

" When once my prince affliction hath,

Prosperity doth treason seem ;
And for to smooth so rough a path

I can learn patience from him.
But now to suffer shows a legal part ;
When kings want ease, subjects must learn to smart."
But this stanza utterly destroys the uniformity of the poem, and is incon-
sistent with every other part of it. The design of the whole is to repre-
sent as benefits what had by his enemies been intended as punishments,
and to show " that malice wants wit to effect its purpose ;" but this stanza
contains an acknowledgment that malice has effected its purpose upon
him ; that he suffers ; and that it is fit he should suffer. For this reason,
and because it is not in all copies, it is omitted in this, either as composed
by the author, and afterwards rejected, or as interpolated by some other.

1 Vol. ii. p. 33.

2 The book in which these verses are transcribed, and which is now at
the British Museum, appears to have been a sort of album or scrap-book
belonging to Lord Capell, in which he had written selections of poetry.

184 LIFE OF LORD CAPELL. CHAP. XI.

nine different languages, viz. Hebrew, Syriac, Chaldee,
Samaritan, Arabic, JEthiopic, Persic, and Greek. The
work was published in 6 vols. folio, but not till 1657,
some years after the death of many of those who had
contributed towards paying the expenses of its publica-
tion.1

Of the remainder of Lady Capell's life after the death
of her husband history furnishes but very little account.
Shortly after Lord Capell's execution she petitioned the
House of Commons respecting the release of her pro-
perty from sequestration. On the 18th of April, 1649,
this petition was read and referred to the Committee of
Complaints, and an order was issued to prevent the
cutting down of any of the woods, either upon the lands
of inheritance or the lands upon which that lady had a
jointure. On the 7th of May the Committee reported
a schedule of Lady Capell's property settled upon her
for life, or corning to her by inheritance from her father,
Sir Charles Moryson ;2 and it was at once resolved,
" that the said several lands should be discharged from
" sequestration according to her petition, and that the
" said Lady Capell do enjoy them, and every of them,
" accordingly."3

The conduct of Parliament on this subject shows
that, whatever were the motives which actuated their
conduct in confirming the sentence of death against
Lord Capell, they were free from the blame of having
acted in a spirit of persecution towards his unhappy widow.

1 Fasti Oxonienses, vol. ii. p. 82.

2 Appendix RE. 3 Commons' Journals, vol. vi. p. 204.

CHAP. XI. LADY CAPELL'S LIFE. 1 85

On the 25th of July a petition from the young Lord
Capell, respecting his property, was read,1 and referred
to the Trustees for the raising of 50,000^. for Ireland2
out of the estate of the Lord Capell and others, that
justice might be done to the petitioner.

It appears that "in June, 1652, Sir Edward Capell,
" Sir Thomas Down, &c., as trustees of Lord Capell,
" deceased, compounded for certain lands conveyed to
" them for satisfying Lord Capell's debts, and paid
" the fine, being 47061. 17 s. 1 Id., at one entire pay-
ment."

Lord Capell's estate seems to have been wholly
sequestered, and not compounded for during his life-
time. " The order for compounding and discharge of
" the sequestration was dated 24 Sept. 1651." 3

Lord Capell is said to have advanced to the King's
service between 800 and 900 horse, and 12,000^. in
money and plate.

Lady Capell outlived her husband eleven years,
and died January the 20th, 1660. In a funeral
sermon preached by the Rev. Edward Barker, who
had been chaplain in Lady Capell's family, some little
sketch of her life and character is given. She had
been one of a large family, but, as they all died young,
she remained the sole child of her parents. " This,
" after she was grown up to age and stature fit and
" proper for marriage, and onwards of her seventeenth
" year, made them greatly solicitous and inquisitive

1 Lord Capell's Petition to the Commissioners for Composition. — Vide
Appendix S S. 2 Commons' Journals, vol. vi. p. 269.

3 First Series, iii. 706 ; State Paper Office.

18G LIFE OF LORD CAPELL. CHAP. XL

" after a proper match for her ; and at last (after much
" search and inquiry, and refusals of many), by a most
" excellent choice, they happily found out one who (if
<c the whole kingdom afforded any) was indeed a fit and
" proper husband for her ; and he (a person not to be
" named without a preface of honour and reverence)
" the truly noble and honourable Arthur Lord Capell,
" late Baron of Hadham. . . Unto this blessed martyr

4< wras our most excellent ladv here, the fruitful mother

" of a plentiful issue. . . . During the whole time of
" his life, she was his most loving, faithful, and obe-
" dient wife ; and when Providence had made her his
" widow, she then openly declared and manifested to
" the world how dearly she loved his person, by her
" signal faithfulness to his commands ; I mean, her
" exceeding care and tenderness of his children, those
" dear remains and pledges of his conjugal love. And
" here her first and greatest care of all was for their
" education ; to water these tender plants with whole-
" some precepts and examples, and to infuse early
" principles of piety and religion into their minds." . .
Mr. Barker then gives a most pleasing picture of
Lady Capell and the noble family, in which he says
he had lived for eight years, with time " and leisure
" enough to make out observations of them ; and yet,
" to their honour he could report, and could say it
" faithfully, and not of one more than of another, that in
" all this whole time he did never yet hear or see either
" the least distempered behaviour in them, or oath
" sworn by them, or unsavoury speech falling from any
" of their mouths, or yet unhandsome action done by

CHAP. XI. LADY CAPELL'S DEATH. 187

" any of them." After summing up the many virtues
that adorned Lady Capell through life, he says, "So
(l that a right excellent person she was, view her in all
" her postures and conditions, take her in all her
" relations and capacities. An excellent woman, an
" excellent wife, an excellent mother, an excellent lady,
" an excellent neighbour, and an excellent Christian."

Lady Capell suffered a long and very painful illness,
which, according to Mr. Barker's account, was borne
with remarkable patience and fortitude, and she died at
the age of 50, January 20th, 1660. She was buried in
Little Hadham church ; where the following inscription
is engraved on her tomb : —

" Here lyeth interred the body of Elizth Lady Capell, wife
" of A. Lord Capell, only daughter of Sir Charles Morrison.
" She departed this life the 20th of January, 1660."

A more elaborate Latin inscription was written by
Mr. Barker : —

" M. s.

Siste Viator : Quo vadis ? Faucis te volo.

Hie jacet

Oculis tuis visendum spectaculum

Inculpate vitse exemplar notabile,

D°a E L I Z. CAPELL;

Magni illius atque Incomparabilis,

Dm AETHUE, Baronis de Hadham ;

Olim Conjux,

ISTuper Eelicta :

Ex Illustri Morisinonim Familia oriunda

Solaque modo (sic scilicet superis visum) superstes :

Qua cum una concidit quicquid Morisiiiorum residuum.

Foeminarum (quas unquam vidit Sol) praDstantissirna :

Matronarum (quas ubivis, habet tellus) pudicissima :

Christianarum (si quas alia) ipsa Cliristianissima :

Fortuuse, Naturas, Gratia^, dotibus ex asquo clara.

188 LIFE OF LORD CAPELL. CHAP. XI.

Quam

Xuinerosa liberonun sobole beavit Deus ;

Insigni forma? pulcliritudine ornavit Katura :

Ornnimodo Virtutum cumulo ditavit gratia :

Tandem, proli dolor !
Post longiun morbi tedium,
Languescentibus sensim viribus,
Virtutibus aucta, Ccelo matura,

Fatis,
Sibi gratissimis, nobis inimicissimis

Cessit.
Kata Feb. 24 A.D. 1610.

Denata Jan. 26 }

T i -mi f* c A-D. 1660.

Inhuniata Feb. 6 j

Csetera memorabunt poster!.

Abi Viator ; Lege, Luge, Imitare.

Flens mrerensqiie posuit
Ed. M. Barker."

Lord and Lady Capell had a numerous family, of
whom eight outlived their father.

Elizabeth b. 1629 . . . died young.

Mary Winifred . . b. 1630 . . . married, 1st, Henry Lord Beanchamp,

June 20, 1648 ; 2nd, Henry Somerset,
Marquis of Worcester, afterwards Duke
of Beaufort.

Arthur b. 1631 . . . created Earl of Essex April 20, 1661.

Married Elizabeth, daughter of Alger-
non Percy, Earl of Northumberland.
Found in the Tower with his throat
cut, July, 1683.

Elizabeth b. 1633 . . . married to Charles Dormer, Earl of

Carnarvon.

Theodosia b. 1634 . . . died young.

Edward l — ... died young.

Henry, third son . b. 1637 . . . created Lord Capell of Tewkesbury April,

11, 1692. Married Dorothy, daughter
of Pdchard Bennet ; d. s. p. at Dublin
Castle 1696, whilst Lord Deputy of
Ireland.

Charles — ... died 1656.

1 Edward was probably born between 1634 and 1637, as Henry is regis-
tered third son.

CHAP. XI.

PORTRAITS OF LORD CAPELL.

189

Theodosia . . b. 1639 .

Anne

. married Henry Hyde, Lord Cornbury,
afterwards second Earl of Clarendon.

. married to John, son and heir to Giles
Strangeways, Esq., of Melbury Sand-
ford, in com. Dorset.

PORTRAITS OF ARTHUR LORD CAPELL.

In Heath's Chronicle. 8vo.

Woodcut, inscribed " Effigies and Cha-
racter," &c. Svo.

Oval, in a square frame, half-length, in
armour. 12mo.

A small coarsely-engraved plate. 12mo.

M. Ward's « Rebellion.' Svo. . . .
(This plate was subsequently used in
an edition of Lord Clarendon's
' History of the Rebellion.')

In the ' Loyal Martyrology.' Svo. . .

Mezzotint oval, with monogram, the
letters A and S interlaced. Svo.

Oval, in an octagon border. 4to. ^ .

In the ' Universal Magazine,' published
by J. Hinton. Svo.

With autograph, in Thane's ' British
Autography.' 4to.

In the edition of Walpole's ' Royal and
Noble Authors,' edited by Park, and
published by Harding. Svo.

In the same work, but published by }
Scott. Svo. J

A mezzotint. Svo

In a frame, proof before letters, men-
tioned in Mrs. Sutherland's Cata-
logue. Svo.

In Lodge's ' Illustrious Portraits.' Folio.

In the same. 4to

In the same. Svo

In the small, recently published edition 1
of the same. 12mo. J

Painters.

Engravers.

G. VEBTUE.

VAN DYCK. G. VERTUE.

TRINGHAM.

BOCQUET.

R. DUNKARTON.

C. JANSEN.
Do.
Do.

Do.

C. PlCAIL.

T. A. DEAN.

1 90 LIFE OF LOED CAl'ELL. AIT. A.

APPENDIX.

( A. )

Nov. 1. — Committee of Lords to join with an equal number
from the House of Commons, to borrow 50,0007. for the Irish
affairs.

Nov. 3. — Committee to draw up the heads of the reasons
which the Lord Seymour is to present to the Queen, concerning
the commitment of Robert Phillips, the priest, her confessor, to
the Tower.

Dec. 6. — Committee for the relief of the captives taken by
the Turkish Moorish pirates, and to prevent the taking of
others in future.

Dec. 9. — Committee for the indemnity of Philip E. of Pem-
broke and Montgomery, and the Lady Anne his wife, notwith-
standing any office to be found, &c., by Henry, now Earl of
Cumberland.

Dec. 10. — Committee to consider the case of Mathewe
Symonds, a printer, for printing a book intituled ' Certain
Grievances or Errors of the Service Book.'

Dec. 16. — Committee to join a proportionate number of the
House of Commons, to present a petition and remonstrance to
the King.

( B. )

Protests signed by Lord Capell.

1641. March 2. — It was resolved by the House of Lords,
in concurrence with the Commons, that the kingdom be put
into a posture of defence by the Parliament. Lord Capell,

APT. B. APPENDIX. 191

with twelve other peers, entered their protest against this
resolution.

March 5. — An ordinance of the Lords and Commons was
agreed on for the safety and defence of the kingdom. On the
ordinance being read, a question was moved by a Lord, that it
was a scruple to his conscience whether this ordinance doth not
intrench upon the oath of allegiance. The oath of allegiance
was read : it was agreed, nemine contradicente, that the passing
this ordinance was no way against the oath of allegiance. The
ordinance passed, Lord Capell, with fifteen other peers, entered
their protest against it.

March 7. — A declaration was agreed on by both Houses to
be presented to the King about " fears and jealousies." Lord
Capell, with thirteen other peers, entered their protest against
it.1

March 15. — Message from the House of Commons for the
Lords' concurrence in some votes that were to be the heads for
a declaration.

J . Vote for putting the kingdom into a posture of defence.

2. That the King had refused his assent to the modelling
of the militia.

3. That the people are bound by the ordinance for the
militia, though it has not received the King's assent.

To the first three of these votes Lord Capell and five other
peers entered their protest.

March 19. — The House of Lords receives from the House
of Commons the draft of a message to be sent to the King : the
House concurred. Lord Capell and four other peers entered
their protest against it.

March 21. — Lord Capell named one of the Committee on
the second reading of the Bill against the Exportation of
Wools, on which Lord Roberts and Lord Pagett also sat.

March 23. — Lord Capell one of the Committee on the
second reading of the Bill " for avoiding actions in some
cases." Lord Pagett and Lord Kymbolton sat also on it.

1 Journals of the House of Lords, vol. iv. p. 631.

192 LIFE OF LORD CAPELL. APP. B.

Lord Capell one of the Committee on the Bill for asserting
privileges lately broken.

March 28. — Lord Capell on the Committee to inquire into
the business of Sir Edward Dering and others being sent for as
delinquents, as having been active in contriving and presenting
[Lord Kymbolton, Lord Roberts, &c., sat also] a petition from
Kent, the object of which was

It was resolved that the Earl of Bristol should be committed
to the Tower, because this same petition had been delivered to
him, and he had not done his duty in acquainting the House
with it, as he ought to have done, &c. To this resolution Lord
Capell and seven other peers entered their protest.

1642. April 5. — It was resolved to petition the King for
the royal assent to one of the remedies for the grievances of
this time, — viz., that great officers of State and Privy Coun-
cillors should be displaced, and others recommended by the
Parliament to be put in their room. To this resolution Lord
Capell and seventeen other peers entered their protests.

April 25. — Lord Capell and three other peers added to
the Committee for the proposition of the sea adventurers for
Iceland.

April 30. — Lord Capell and eighteen other peers were
named for a Committee on a Bill to enable Sir Robert
Coke, Kt., to pay his debts and make provision for a Dame
Theophilo, nowr his wife.

May 14. — A Bill was passed to restrain peers made here-
after from sitting or voting in Parliament. Lord Capell and
four other peers entered their protests.

May 19. — It was resolved that the declaration from the
House of Commons should pass without alteration. Lord
Capell and five other peers entered their protest.

May 20. — Lord Capell added, with five other peers, to the
Committee for saltpetre and powder.

May 23. — The declaration read again in particulars and
debated maturely. Lord Capell and seven other peers
entered their protests against it.

APP. D. APPENDIX. 1 93

Letter to Dr. Brownrick, Bishop of Exeter.
I shall add such a consideration more, that, if it stood singly,
yet in my opinion would justifie and quit the cost of any
endeavour or indurance : That is the unparallel'd sufferings of
this great Prince. . . . Believe me, multitudes of Men are
mistaken if in the point of his Temporal Affairs he had not
been in a much better condition (though I profess not in a good
one) had he timely relaxed much of his constancy and sincerity
towards the Rights, Preheminencies, and Patrimony of the
Church. Neither is our obligation but very great to him — his
sufferings being for our laws — so unquestionable is our Pros-
perity mixed with his Dignity. Now, shall this great person-
age suffer Imprisonment, Deprivation of Majesty, absence of all
Worldly Comforts, and minutely Hazards of life, for his mag-
nanimous stedfastness to your and our advantages, and we not
struggle for him with our utmost endeavours ? — Vide Letters

written to certain Persons by Arthur Lord Capell, printed
1683, pp. 98, 99.

Impeachment of the nine Lords.

For that, contrary to their duty, they being Peers of the
Realm, and summoned by writ to attend the Parliament, and
contrary to an Order of the House of Peers of the ninth of
April last, and several other orders requiring the attendance
of the Members of that House, and after a vote passed in both
Houses, of the 20th of May last, that the King, seduced by
wicked counsel, intended to make war against the Parliament,
and that whosoever served or assisted him in that war was ad-
judged a traitor, did, notwithstanding, afterwards, in the same
month of May, contemptuously, having notice of the said votes
and orders, withdraw themselves from the said House of Peers
and repair to the city of Yorke, where the Preparations of the

VOL. n. o

194 LIFE OF LORD CAPELL. AFP, Da.

said war were, and yet are, in contrivance and agitation, they
knowing of such Preparations ; and being, by an Order of the
30th of May, duly summoned by the House of Peers to make
their appearance before that House upon the 8th day of June
last past, they refused to appear, and returned a slighting and
scornful answer by a letter under their hands, directed to the
Speaker of the Lords' House, and remaining there upon record ;
for which crimes and misdemeanours, to the interruption of the
Proceedings of Parliament and great affairs of the Kingdom, and
tending to the dissolution of the Parliament and disturbance of
the Peace of the Kingdom, I am commanded, in the name of
the said Commons, to demand of your Lordships that the said
Lords may be forthwith put to their answer, and receive speedy
and exemplary Punishment according to their demerits ; the
Commons saving to themselves liberty, at all times hereafter,
to exhibit any other or further Impeachment against the said
Lords, or any of them."

Order for the impeached Lords to answer.
Ordered, &c., that Spencer Earl of North'ton, Wm. Earl of
Devonshire, Henry Earl of Dover, Henry Earl of Monmouth,
Charles Lord Gray of Ruthin, Charles Lord Howard of
Char., Robert Lord Rich, Thomas Lord Coventry, and
Arthur Lord Capell, being impeached of high crimes and mis-
demeanours by the House of Commons, shall appear before the
Lords in Parliament and make their several answers before
their Lordships, on Monday come seven night, being the 27th of
this instant June, unto the said impeachment, or else this
House will proceed in judgment against them by default. —
Lords' Journals, vol. v. p. 141. June 16, 1642.

( Da. )

Sentence of the nine impeached Lords.

Whereas Spencer Earl of Northampton, William Earl of
Devonshire, Henry Earl of Dover, Henry Earl of Monmouth,

Apr. Da. APPENDIX. 195

Charles Lord Howard of Charleton, Robert Lord Rich,
Charles Lord Gray de Ruthin, Thomas Lord Coventry,
Arthur Lord Capell, were the 16th of June, 1642, impeached
by the knights, citizens, and burgesses of the House of Com-
mons, for these high crimes and misdemeanours following,
videlicet, for that, contrary to their duty, they being peers of
the realm, and summond by writ to attend the Parliament,
and contrary to an order of the House of Peers of the 9th of
April last, and several other orders, requiring the attendance
of the members of that House, and after a vote passed in both
Houses the 20th of May last, "That the King, seduced by
" wicked counsel, intends to make war against the Parliament,
" and that whosoever served or assisted him in that war was
" adjudged a traitor ;" did, notwithstanding, afterwards, in the
same month of May, contemptuously, having notice of the said
votes and orders, withdraw themselves from the said House of
Peers, and repair to the city of Yorke, where the preparations
of the said war were and yet are in contrivance and agitation,
they knowing of such preparations ; and being, by an order
of the 30th of May, duly summoned by the House of Peers to
make their appearance before that House upon the 8th day of
June last past, they refused to appear, and returned a slighting
and scornful answer, by a letter under their hands, directed to
the Speaker of the Lords' House, and remaining there upon
record : for which crimes and misdemeanours, to the inter-
ruption of the proceedings of Parliament and great affairs of
the kingdom, and tending to the dissolution of the Parliament
and disturbance of the peace of the kingdom, the said knights,
citizens, and burgesses, did demand that the said Spencer
Earl of North'ton, &c., should be put to their answers and
receive exemplary punishments, according to- their demerits:
And whereas it was ordered upon the said 16th of June, that
the said Spencer Earl of North'ton, &c., should appear before
the Lords in Parliament, and make their several answers before
their Lordships, on Monday the 27th of the said June, to the

o 2

196 LIFE OF LORD CAP!- IJ,. AFP. E.

said impeachment, or else this House would proceed in judg-
ment against them by default : And whereas Spencer Earl of
Northampton, &c., in contempt of this High Court, have refused
to appear and make answer to the said impeachment ; the
Lords, having taken the said charge into their due consi-
deration, do find the said Spencer Earl of Northampton, &c.,
guilty of the crimes charged as aforesaid ; and thereupon, and
for their said contempt, this High Court doth award and
judge—

1. That Spencer Earl of North'ton, &c., shall not sit or
vote in the Lords' House during this present Parliament :

2. That they shall not enjoy the privilege of Parliaments
members of Parliament :

3. That they shall stand committed to the Tower during the
pleasure of this House,

— Journals of the House of Lords, vol. v. p. 223, July 20,
anno 1642.

( E.)

An honest Letter to a doubtful Friend. Printed in the

year 164*2.

To his much esteemed friend and kinsman Sir H. W., at his

house in Westminster.

Now surveigh the Popish and beggarly lords and

cavaliers for and about the King, as the Duke of Richmond,
the Marquesse Hartford, Earles of Cumberland, Darby,
Lindsey, Bath, Dorset, Bridg water, Danby, Leicester, Devon-
shire, North Hampton, Chesterfield, Bristoll, Westmorland,
Barkshire, Newcastle, Carnarvon, Kingston, and Thanot ;
the Lords Mowbray, Mountague of Baughton, Daincourt,
Shandoys, Spencer, Gray, Mohume, Dunsmore, Newark e,
Seymore, Capell, and others : then of the House of Com-
mons— Sir Christo. Hatton, Sir Jarvas Clifton, S. Guy Palmes,
S. James Thinn, Mr. James Coventry, Mr. Henry and John

APP. E. APPENDIX. 197

Bellassey, Sir Tho. Fanshaw, Sir Richard Lewson, Sir Tho.
Danby, Sir Job. Packington, Sir Ric. Lee, Sir Charles le
Grosse, Mast. Catline, Mast. Holborne, Mr. Bridgman, Mr.
Chadwell, Sr John Stangwayes and his son, Mr. John Digby,
Sr Edw. Bering, Sir Will. Widdrinton, Mr. Venables,
Baron of Kinnerton, Mr. Rogers, Mr. Newport, Sir Edw.
Alford, Mr. Whitmore, Mr. Chitchley, Mr. Edgcombe, Sir
John Stowell, M. Crook, Mr. Nowell, Mr. Sutton, Sr Will.
Oagle, Sr Wil. Poole, and one hundred more then my paper
will hold, men of understanding and known integrity ; and which
of all these whose age and health would permit, adventured
not their lives and estates in this war with the King ? Now
let 's examine their religion, and you shall find them dayly at
sermons and service with the King, hearing arid practising the
same Protestant Religion and Liturgy that saved our fathers,
and hath been in our Church ever since the Reformation, and
which we have vowed by the late Protestation to maintaine :
then (no doubt) neither the King nor they are likely to bring
in Popery, nor be Separatists.

That they are men of estates the counties that elected
them (if not the kingdome) knowes, and which of them hath
any profit by the warre ? which of them goes not himselfe and
servants to the warre at his owne charge ? Nay, which of
them hath not otherwise in a large manner contributed to the
maintenance of the Kings army, and that without any com-
mands of an Ordinance ; yea, even against the Declaration of
the Houses ? What would they and others then have done,
had an Order of the Houses directed it as on the other side ?
By this then you see they are neither Popishly nor beggarly ;
nor can have any reward or hopes of repaire out of the
estates of the adverse party. .....

Your friend & kinsman,

Milk-street, London, 28 Dec. 1642. T. R.

— Bound Pamphlets, 1640-42, in the possession of the Earl
of Essex, vol. iii.

198 LIFE OF LOUD CAPELL. Arr. F, G.

Cromwclliana.

1642. Information was given to the Parliament of the
cruel progress of Prince Rupert in Hampshire and Wilts ;
the Lord Capell also being designed with a party of horse to
go into Cambridgeshire to plunder the country, and especially
to fall upon Cambridge; but that county, having notice
thereof, stood upon their guard, and sent to Essex, Norfolk,
and Suffolk to assist them, who accordingly sent great forces
to Cambridgeshire to join with Colonel Cromwell ; and the Par-
liament also, upon consideration of the business, appointed
some ordnance and other ammunition to be sent to Cambridge ;
of all which forces the Lord Capell having notice, and that
there were little hopes of effecting his designs there without
opposition, or to gain honour without blows, as Prince Rupert in
plundering Gloucestershire, and advising better upon it, thought
it more policy to dispense with his honour in that service than
purchase it at so dear a rate, and hath since deserted the
attempt, and steered his course a contrary way to join with
Prince Rupert ; it being also informed by letters from Cam-
bridge that on Tuesday last there was at least 5000 or 6000
of the neighbouring counties come to Cambridge to assist
Colonel Cromwell against the Cavaliers, and this day of the
forces in Norfolk, Suffolk, and Essex, came in and about Cam-
bridge 12,000 or 14,000 men, besides the pieces of ordnance
and other ammunition from London.

March 2.

(G.)

Letter to the Earl of Essex from the Lords and Commons of
Parliament assembled at Oxford, touching a treaty for peace.

MY LORD,

His Majesty having by his proclamation of the 22nd of
December, upon occasion of the invasion threatened, and in

APP. G. APPENDIX. 199

part begun, by some of his subjects of Scotland, summoned all
the members of both Houses of Parliament to attend him
here at Oxford, we, whose names are underwritten, are here
met and assembled in obedience to those his Majesty's com-
mands. His Majesty was pleased to invite us, in the said
proclamation, by these gracious expressions : " That his sub-
" jects should see how willing he was to receive advice (for the
" preservation of the religion, laws, and safety of the kingdom,
" and as far as in him lay to restore it to its former peace
" and security, his chief and only end) from those whom they
" had trusted, though he could not receive it in the place
" where he appointed." This most gracious invitation hath
not only been made good unto us, but seconded and heightened
by such unquestionable demonstrations of the deep and
princely sense which possesses his royal heart of the miseries
and calamities of his poor subjects in this unnatural war, and
of his most entire and passionate affections to redeem them
from that sad and deplorable condition by all ways possible
consistent either with his honour or with the future safety of
the kingdom, that, as it were impiety to question the sincerity
of them, so were it great want of duty and faithfulness in us
(his Majesty having vouchsafed to declare " that he did call us
to be witnesses of his actions and privy to his intentions ") should
we not testify and witness to all the world the assurance we
have of the piety and sincerity of both. We, being most
entirely satisfied of this truth, cannot but confess that, amidst
our highest afflictions in the deep and piercing sense of the
present miseries and desolations of our country, and those
farther dangers threatened from Scotland, we at length
erected to some cheerful and comfortable thoughts, that pos-
sibly we may yet (by God's mercy, if his justice have not
determined this nation, for its sins, to total ruin and desola-
tion) hope to be happy instruments of our country's redemption
from the miseries of war, and of its restitution to the blessings
of peace. And we, being desirous to believe your Lordship,

200 LIFE OF LORD CAPELL. APP. G-.

howsoever engaged, a person likely to be sensibly touched with
these considerations, have thought fit to invite you to that
part in this blessed work which only is capable to repair all
our misfortunes, and to buoy up the kingdom from ruin ; that
is, by conjuring you, by all the obligations that have power
upon honour, conscience, or public piety, that, laying to heart
as we do the inwardly bleeding condition of your country,
and the outward more menacing destruction by a foreign
nation upon the very point of invading it, you will co-operate
with us to its preservation by truly representing to, and faith-
fully and industriously promoting with, those by whom you
are intrusted, this following most sincere and most earnest
desire of ours : That, they joining with us in a right sense of
the past, present, and more threatening calamities of this
deplorable kingdom, some persons be appointed on either side,
and a place agreed on, to treat of such a peace as may yet
redeem it from the brink of desolation. This address we
should not have made, but that his Majesty's summons, by
which we are met, most graciously proclaiming pardon to all
without exception, is evidence enough that his mercy and cle-
mency can transcend all former provocations, and that he hath
not only made us witnesses of his princely intentions, but
honoured us also with the name of being security for them.
God Almighty direct your Lordship, and those to whom you
shall present these our most real desires, in such a course as
may produce that happy peace and settlement of the present
distractions which is so heartily desired and prayed for by us,
and which may make us your

(Signed)

Charles P. D. Richmond.

York. M. Hartford.

Cumberland. E. Lindsey.

Ed. Littleton, C.S. • E. Dorset.
Fra. Cottington. E. Shrewsbury.

APP. G.

APPENDIX.

201

E. Bath.

E. Southampton.

E. Leicester.

E. Northampton.

E. Devonshire.

E. Carlisle.

E. Bristol.

E. Barkshire.

E. Cleveland.

E. Rivers.

E. Dover.

E. Peterborough.

E. Kingston.

E. Newport.

E. Portland.

V. Conway.

L. Digby.

L. Mowbray & Maltravers.

L. Went worth.

L. Cromwell.

L. Rich.

L. Paget.

L. Chandoys.

L. Howard of Charleton.

L. Lovelace.

L. Savile.

L. Mohun.

L. Dunsmore.

L. Seymour.

L. Percy.

L. Willmot.

L. Leigh.

L. Hatton.

L. Jermin.

L. Carrington.

John Fettiplace, Esq.
Sir Alex. Denton.
Sir John Packington.
Sir Tho. Smith.
Francis Gannel, Esq.
John Harris, Esq.
Richard Edgcombe, Esq.
Jonathan Rawleigh, Esq.
G. Fane, Esq.
P. Edgcombe, Esq.
Will. Glanvill, Esq.
Sir Robert Holbourne.
Sir Ra. Sydenham.
Fr. Godolphin, Esq.
George Parry, Dr. of Law.
Ambrose Manaton, Esq.
Richard Vivian, Esq.
John Pole wh eel e, Esq.
John Arundel, Esq.
Thomas Lower, Esq.
Sir Edward Hide.
William Allestree, Esq.
Sir George Stonehouse.
Edward Seymour, Esq.
Peter Sainthill, Esq.
Sir William Poole.
Roger Matthew, Esq.
Richard Arundel, Esq.
Robert Walker, Esq.
Giles Strangways, Esq.
Sir John Strangways.
Sir Thomas Hele.
Sir George Naper.
Sam. Turner, Dr. in Phy-
sick.

202

LIFE OF LORD CAPELL,

APP. G.

Will. Constantine, Esq.
Hen. Killigrew, Esq.
Richard King, Esq.
John Button, Esq.
Henry Brett, Esq.
William Chadwell, Esq.
Sir Theobald Gorges.
John George, Esq.
Sir Tho. Fanshaw.
Joseph Jane, Esq.
Humf. Conningsby, Esq.
Richard Seaborne, Esq.
Arthur Lord Ranelaugh.
Tho. Tomkins, Esq.
Sir Sampson Evers.
Sir John Culpeper.
Jeffrey Palmer, Esq.
Sir John Harrison.
Tho. Fanshaw, Esq.
Sir Roger Palmer.
Sir Orlando Bridgman.
William Watkins, Esq.
John Smith, Esq.
Sir Thomas Bludder.
Sir Edward Littleton.
Sir Harry Bagot.
Sir Richard Leveson.
Sir Richard Cave.
Richard Weston, Esq.
Sir Richard Lee.
Sir Tho. Whitmore.
Sir Edw. Acton.
C. Baldwin, Esq.
R. Goodwin, Esq.
Tho. Howard, Esq.

Tho. Littleton, Esq.
Sir Robt. Howard.
Sir John Meux.
Matthew Davis, Esq.
Sir Fr. Cornwallis.
Tho. Jermin, Esq.
John Taylor, Esq.
William Basset, Esq.
Sir William Portman.
Sir Edward Rodney.
Tho. Hanham, Esq.
Edward Philips, Esq.
John Digby, Esq.
Christ. Kirton, Esq.
Edward Lukenor, Esq.
Sir Edward Alford.
John White, Esq.
John Ashburnham, Esq.
William Smith, Esq.
Thomas Leeds, Esq.
Sir James Thinne.
William Pleydell, Esq.
Ro. Hide, Serjeant at Law.
Sir Edward Griffin.
Sir Walter Smith.
George Lowe, Esq.
Rich. Harding, Esq.
Sir Henry Herbert.
And. Porter, Esq.
Samuel Sandys, Esq.
John Bodvill, Esq.
William Morgan, Esq.
William Thomas, Esq.
John Mostyn, Esq.
Henry Bellasis, Esq.

APP. G.] APPENDIX. 203

Sir George Wentworth. Sir Robert Herbert,

William Malery, Esq. Charles Price, Esq.

Richard Aldburgh, Esq. Phil. Warwick, Esq.

John Salisbury, Esq. Thomas Cook, Esq.

William Herbert, Esq. Sir Robert Crooke.

William Price, Esq. Herb. Price, Esq.

Sir John Price. John Whistler, Esq.

These peers following, being disabled by several accidents
to appear sooner, have since attended the service, and con-
curred with us : —

Viscount Cambden. Lord Capel.

Lord Abergavenny. Lord Newport.
Lord Arundel.

Peers employed in his Majesty's service, or absent with
leave : —

Marquess of Winchester. Lord Evers.

Marquess of Worcester. Lord Daincourt.

Marquess of Newcastle. Lord Pawlet.

Earl of Derby. Lord Brudenell.

Earl of Huntingdon. Lord Powis.

Earl of Clare. Lord Herbert of Cherbury.

Earl of Maryborough. Lord Hopton.

Viscount Falconbridge. Lord Loughborough.

Lord Morley. Lord Byron.

Lord Darcy and Coniers. Lord Vaughan.

Lord Stourton. Lord Withrington.

Peers absent in the parts beyond the seas : —

Earl of Arundel. Lord Coventry.

Earl of St. Albans. Lord Goring.

Viscount Montague. Lord Craven of Hamp-
Viscount Stafford. stead.

Lord Stanhope. Lord Craven of Ryton,

204

LI]'!-] OF LOUD CAPELL.

ACT. II.

Peers in prison for their loyalty to his Majesty :-

Earl of Chesterfield.

Lord Montague of Boushton.

AVhocvcr views the.se numbers, and considers how many peers
are at this time under age, will quickly know who and how
many are privy or consenting to the counsels at Westminster.

These members following, being disabled by several acci-
dents to appear sooner, have since attended the service and
concurred with us : —

Peter Venables, Esq.
Sir John Pawlet.
Edward Bagshaw, Esq.

Sir John Burlasey.
Francis Newport, Esq.
Anthony Hungerford, Esq.
John Russel, Esq.
Thomas Chichley, Esq.
Earl of Cork.
Sir Gervase Clifton.
Sir Guy Palmes.
Robert Sutton, Esq.

Oiford, January 27, 1643-44.

— Parl. History, vol. iii. p. 209.

Gervase Hollis, Esq.
Sir Patricius Curwen.
Sir Henry Bellingham.
Sir George Dalstone.
Sir Thomas Sandford.
Sir William Dalston.
Michael Wharton, Esq.
Sir Robert Hatton.
James Scudamore, Esq.
Sir John Brooke.
Sir John Stepney.

( H. )

Letter to the Lords of the Privy Council in Scotland and Con-
servators of Peace, touching their expedition into England,
and showing how few Peers were left at Westminster.

OUR VERY GOOD LORDS, — If for no other reason, yet that
posterity may know we have done our duties, and not sat still,
whilst our brethren of Scotland w^ere transported with a dan-
gerous and fatal misunderstanding, that the resolution now

APP. H. APPENDIX. 205

taken among them for an expedition into England is agree-
able to their obligation by the late treaty, and to the wishes
and desires of this kingdom, expressed by the two Houses of
Parliament, we have thought it necessary to let your Lord-
ships know that, if we had dissented from that act, it could
never have been made a law, and when you have examined
and considered the names of us who subscribe this letter (who,
we hope, are too well known to your Lordships and both king-
doms to be suspected to want aifection to religion or to the
laws and liberty of our country, for the defence and mainte-
nance whereof we shall always hold our lives a cheap sacrifice),
and when you are informed that the Earls of Arundel and
Thanet, and the Lords Stafford, Stanhope, Coventry, Goring,
and Craven, are in parts beyond the seas, and the Earls of
Chesterfield and Westmoreland, and the Lord Montague of

' O

Boughton, under restraint at London for their loyalty and
duty to His Majesty and the kingdom, your Lordships will
easily conclude how very few now make up the Peers at West-
minster, there being in truth not above twenty-five Lords
present or privy to their counsels, or, being absent, consenting
or concurring with them ; whereas the House of Peers consists
of above 100, besides minors and recusant Lords, neither of
which keep us company in this address to your Lordships.
How we and the major part of the House of Commons come to
be absent from thence, is so notorious to all the world that
we believe your Lordships cannot be strangers to it : how,
several times during our sitting there, multitudes of the
meanest sort of people, with weapons not agreeing to their
condition or custom, in a manner very contrary and destructive
to the privileges of Parliament, filled up the way between both
Houses, offering injuries both by words and actions unto, and
laying violent hands upon, several members, and crying out
many hours together against the established laws in a most
tumultuous and menacing way ; how no remedy would be sub-

206 LIFE OF LORD CAPELL. APP. H.

mitted to for preventing these tumults ; after which, and other
unlawful and unparliamentary actions, many things received
and settled upon solemn debate in the House of Peers were
again, after many threats and menaces, resumed, altered, and
determined, contrary to the law and custom of Parliament,
and so many of us withdrew ourselves from thence, where we
could not sit, speak, and vote with honour, freedom, and
safety, and are now kept from thence for our duty and loyalty
to our Sovereign, and must, therefore, protest against any
invitation which hath been made to our brethren of Scotland
to enter the kingdom with an army, the same being as much
against the desires as against the duty of the Lords and
Commons of England. And we do conjure your Lordships, by
our common allegiance and subjection under our gracious
Sovereign, by the amity and affection between the two nations,
by the Treaty of Pacification (which by any such act is abso-
lutely dissolved), and by all obligations, both divine and human,
which can preserve peace upon earth, to use your utmost
endeavours to* prevent the effusion of so much Christian blood,
and the confusion and desolation which must follow the unjust
invasion of this kingdom, which we (and we are confident all
true Englishmen) must interpret as a design of conquest, and
to impose new laws upon us ; and, therefore, your Lordships
may be assured we shall not so far forget our own interest and
the honour of our nation as not to expose our lives and fortunes
in the just and necessary defence of this kingdom ; but if your
Lordships, in truth, have any doubts or apprehensions that
there is now, or hereafter may be, a purpose to infringe your
laws or liberties from any attempt of this kingdom, we do
engage our honours to your Lordships to be ourselves most
religious observers of the Act of Pacification ; and if the
breach and violation do not first begin within that kingdom, we
are confident you shall never have cause to complain of this ;
and having thus far expressed ourselves to your Lordships, we

APP. H.

APPENDIX.

207

hope to receive such an answer from you as may be a means to
preserve a right understanding between the two nations, and
lay an obligation upon us to continue your Lordships' most
affectionate humble servants,

Ed. Littleton.

C. S. Richmond.

Hertford.

Newcastle.

Huntingdon.

Bath.

Southampton.

Dorset.

Northampton.

Devonshire.

Bristol.

Berkshire.

Cleveland.

Marlborough.

Rivers.

Lindsey.

Dover.

Peterborough.

Kingston.

Newport.

Portland.

Carbery.

Conway.

Falconberg.

Wilmot.

Savil.

Cottinton.

Mowbray and Mal-

travers.

Darcy and Coniers.
Wentworth.
Cromwel.
Rich.
Paget.
Digby.

Howard of Charlton.
Deincourt.
Lovelace.
Powlet.
Mohun.
Dunsmore.
Seymour.
Herbert.
Cobham.
Capel.
Piercy.
Leigh.
Hatton.
Hopton.
Jermyn.
Loughborough.
Byron.
Widdrington.

— Parl. Hist., vol. iii. p. 203.

208 LIFE OF LORD CAPELL. APP. I.

( I- )

Letter from Princess Elizabeth to the Lords.

The Earl of Pembroke acquainted the House of Lords that
the Lady Elizabeth gave him a letter, and desired him to
deliver it to this House from her : —

" MY LORDS,

" I account myself very miserable that I must have my
" servants taken from me and strangers put to me. You pro-
" mised me that you would have a care of me, and I hope you
" will show it in preventing so great a grief as this would be
" to me. I pray, my Lords, consider of it, and give cause to
" thank you, and to rest

" Your loving friend,

" ELIZABETH.

" To the Right Honourable the Lords
and Peers in Parliament."

— Journals of the House of Lords, vol. vi. p. 341.

The Houses of Lords and Commons seem to have been at
issue on the point of removing certain persons in attendance on
the King's children. On the 26th of January, 1643-44, the
Commons reported to the Lords, " that, by reason of the ill
" servants about them,, that place (St. James's) is no better than
" a garrison at Oxford in returning of moneys and conveying of
" letters, &c. &c." The Lords immediately appointed a
committee to visit the King's children, and to inquire about
some of their servants being dismissed, and complained of it as
a breach of privilege that " they should have been so displaced
" without the knowledge of their House." — Journals of the
House of Lords, vol. vi. pp. 393-4.

A PP.

APPENDIX.

209

(la.)

The following list of numerous persons appointed to attend
the King's children was honourable to the Parliament. The
children were in fact prisoners, but the household appointed
was on a princely scale, and this mark of liberality and respect
due to their high station and helpless condition was certainly
generous as well as politic.

A List of such Servants as are thought fit and appointed to attend
his Majesty's two youngest Children^ the D. of Gloucester and

Princess Elizabeth.

Videlicet :

CHAMBER.

Lady Governess. The Countess of Dorsett.
Gentlewoman of i The Lady Southcott.

the Bedchamber
to the Princess.

,To have Diet with the

Cofferess.

Lady Governess.
Mrs. Lee. Diet with the
Lady Governess.
Mrs. Anne Fawlkon-
bridge. Diet with the
-Lady Governess.

(Susan Fulcher,
Isabella Keire,
j^unu ui <jrum- ^ Mary Mailer,
cester. Mary Marrett,

LMargarett Kincade.
Margaret t Kilvert,
Anne Gwin,
Grace Pottery,
.Anne Rouse,

j Sybella Dromond,
(Mary Eccleston.

Chambers to the
Princess.

Laundress for
the Body and
Starcher.
Necessary
woman.

Physicians.

Chaplains.

Jane Belcheire.

I Sir Theodore Mayerne,

I Dr. Collydon.
Mr. ObadiahSedgiswicke,
Mr. Joseph Caryll,
Mr. Stephen Marshall,
Mr. Jeremy Whittaker,
Mr. William Greenhill,
Mr. William Spurstow.

Household j Sarn'ell Torshell,— 200Z.
Chaplain. (per ann.
Gentleman j Goodere Hopton.
Ushers. \ Thomas Harbert, extra.

Phillip Carterett. To
Teacher of Jhave the same allowance
French. that the late Teacher of

French had.

Apothecary.

2 Pages of the Back Stairs.

Wardrobe.

Robes.

Taylor,

Cap-maker.

Shoemaker.

Page of the Back Stairs to the D. of
Gloucester.

Vestry.

Porter at the Back Stairs.
Purveyor in the Robes.
7 Household officers.
5 Stable servants.

— Lords' Journals, vol. vi. p. 474.

VOL. II.

210 LIFE OF LORD CAPELL. Apr. J.

( J. )

Commission to ye Lord Capdl to be Captaine Generall of if
Guards loth Horse and Foote which attend y Princes Person.

Charles, Prince of Great Brittaine, Duke of Cornwall and
Albanie, Captaine Generall of ye associated Westerne Armie
which accompany ye petitions for peace, to our well beloved
and faithfull councellour Arthur Lord Capell of Haddam,
greeting. Whereas our Father's loyall subjects, the gentry, free-
holders, and others of ye counties of Sommersett, Devon, Corn-
wall, and Dorsett, and of the cittyes of Bristoll and Excester,
out of a true sense of their owne and this kingdoms miseries
occasioned by the late unnaturall rebellion, and a due care of
preservation of the true Reformed Protestant religion, the rights
and honnour of the Crowne of England, the priviledges of Par-
liament, the liberty and property of themselves and all other
their fellow subjects according to the lawes of this kingdome,
have resolved with the leave and lycence of our most deare
Father the King to put themselves in armes and as one man
to joyne together to repaire towards London and become peti-
tioners to the Lords and Comons of Parliament at West-
minster for a just and equall reconciliation of the unhappie
differences and distractions of this kingdome and settleing the
peace of the same againe by a good accomodacon without effu-
sion of more blood. And in case they shall not obtayne their
just desires therein, then according to their duty and allegiance
to assist His Matie to enforce the same by power and to reduce
those that rebell against him. And for their more orderly
proceeding and to avoid confusion have resolved to put them-
selves under comanders and officers in their intended journay
for the accomplishment of their foremenconed end. And
thereupon the King's most excellent Matie, our most deare
Father, by his Highness Letters Pattents under the greate seale
of England, beareing date the twenty-sixth day of this instant

Apr. J. APPENDIX. 211

January, hath constituted, ordeyned, and apointed us to be
Captaine General! under him of all that associated Armie of
body of Peticoners within the aforesaid counties of Sommersett,
Devon, Dorsett, and Cornwall, and the cities of Bristoll and
Excester, and such others as shall joyne with them, with full
power and authoritie therein to apoint and constitute such
person as we shall thinke fitt to be Captaine Generall and
Comaunder in Chief under us of the guards of horse and foote
to be listed and assigned to attend upon us for the guard of
our person in that expedicon. And likewise to assigne and
appoint all other Comaunders and officers whatsoever requisite
and necessary for the government and comand of the said body
of Peticoners or associated Armie which accompany the Peti-
cons for peace, as in and by the said Letters Pattents it doth
and may more at large appeare. Know ye therefore that we
(reposeing especiall trust and confidence in your aproved
wisdome and courage, and in the fidelitie and care for the
preservacon of our person and dignity, and resting asured of
your hearty desires to restore this nation to the blessing of an
happy peace, with due regard to the true reformed Protestant
religion, the rights and honors of our deare Father the King,
the just priviledges of Parliament, and the liberties and proper-
ties of the subjects of this kingdome, by virtue of the power to
us granted by the said Letters Pattents do by these presents
constitute, ordayne, and apoint you the said Arthur Lord
Capell Captaine Generall and Comaunder in Chiefe under us
of all the guards, both horse and foote, which are to be listed
and assigned to attend uppon us for the guard of our person
in the said journey and undertaking ; and we doe hereby give
unto you full power and authority to arme, trayne, and disci-
pline, and put in readynes to advance towards London, the said
guards both horse and foote, and to governe, direct, order,
and dispose them as their Captaine Generall or Comaunder in
Chiefe under us in all things touching their intended journey
and designe, and the said guards to lead and conduct

212 LIFE OF LORD CAPELL. Arr. J.

towards London with the aforesaid Peticons, and by force to
resist, and in case of resistance to slay, kill, and put to execu-
tion of death, all such as shall oppose, or shall endeavour to
hinder, the said associated Army or body of Peticoners in their
intended journey ; and in case they cannot obtayne their just
desires, then to conduct and lead them for the assistance of
our deare Father to subdue and bring under his obedience the
enemyes of the peace of this kingdome, and all such enemyes,
rebells, and tray tors as are now in rebellion or shall rebell
against him, and them to suppresse, kill, slay, destroy, and put
to execucon of death, by all wayes and meanes according to
your good discretion. And we doe hereby will and require
you yourselfe dilligently to execute and performe such orders,
comaunds, and instruccons as you shall from tyme to tyme
receive from us, and in all things to governe your selfe as unto
your duty and place of Captaine Generall or Comaunder in
Chiefe under us of our Guards doth of right apertayne and
belong ; comaunding all Collonells, Leiftennant Collonells,
Serjeants, Majors, Captaines, and all other subordinate officers
and souldiers of the said Guards both of horse and foote
which shall be listed and assigned to attend upon us for the
guard of our person, to obey and observe you the said Arthur
Lord Capell as their Captaine Generall and Comaunder in
Chiefe under us according to this our Commission hereby
given unto you. And we do likewise comaund all Sherriffes,
Comissiones, Justices of Peace, Mayors, Bailiffes, Constables,
and all other inferior officers and ministers, to be ayding and
assisting to you herein, and to performe and obey such
comaunds as they shall from tyme to tyme receive from you
for the better furtherance of the intended service and the
speedier accomplishm* of the happie peace of this kingdome.
And what acts soever you shall doe in pursuance of this our
commission, and according to the tennor and effect of the same
touching the premises, We do hereby confirme and allow, And
this shall be your sufficient warrant and discharge for the same.

Ai-i>. K. APPENDIX. 213

In Witnes whereof we have signed this your Commission, and
caused our seale of Armes to be affixed thereunto, at Oxford,
this 27th day of January, in the Twentieth Yeare of the
King our Fathers Raigne, 1644.

(Signed) CHARLES P.

By his Hignesse Commaund in Councell.

Ric. FANSHAWE.

— MS. Commission in the possession of the Earl of Essex.

( K. )

A Letter from Sir Tho. Fair ef ax to the Sjwaker was read as

follows :

" To the Right Honourable the Lord Grey of Warke, Speaker
of the House of Peers pro tempore.

MY LORDS,

" It pleased God on Thursday last, by this army, to give
General Goring a defeat. After he retired from Taunton
he lay with his army at Lamport, where, with the advantage of
the rivers and several garrisons that lay upon it, he put us to
great streights to find a way how to engage with him ; though
he had great advantages of passes, yet his over confidence in
them proved rather ours than his. Whilst he sent away his
ordnance and carriages to Bridgwater, he fronted us with his
a.rmy. He had passed a narrow valley that was betwixt us
with a thousand musketeers. We forced them to retreat by
ours. The horse seconded them, and put the army into rout,
pursuing them almost into Bridgwater. Two thousand are
taken prisoners, few slain ; good store of arms, two pieces of
ordnance, with many colours both of horse and foot, taken. We
are marching to Bridgwater, and shall make the best use we
can of this good success God hath given us. I desire your
Lordships' pardon for this short relation. This bearer, Major

214 LIFE OF LORD CAPELL. Arr. L.

Harrison, can satisfy your Lordships more fully in particulars.
So take leave to remain

Your Lordships' most humble servant,

THO. FAIRFAX.

Chedsey, 11 July, 1645.

The thanks and congratulations of Parliament were sent to
Sir Thos. Fairfax for his vigilance and success on this occa-
sion.

— Lords Journals, vol. vii. p. 496.

CHARLES, Brecknock, 5th August, 1645.

It is very fit for me now to prepare for the worst, in
order to which I spoke with Colepepper this morning concern-
ing you ; judging it fit to give it you under my hand, that you
may give the readier obedience to it. Wherefore know that
my pleasure is, whensoever you find yourself in apparent danger
of falling into the rebels' hands, that you convey yourself into
France, and there to be under your mother's care, who is to
have the absolute full power of your education in all things
except religion, and in that not to meddle at all, but leave it
entirely to the care of your tutor, the Bishop of Salisbury (or to
whom he shall appoint to supply his place in time of his
necessitated absence). And for the performance of this I com-
mand you to require the assistance and obedience of all your
Council, and, by their advice, the service of every one whom
you and they shall think fit to be employed in this business,
which I expect should be performed, if need require, with all
obedience, without grumbling : this being all at this time from

your loving father,

CHARLES R.

— -Clarendon s Hist, of the Rebellion, vol. v. p. 231.

AFP. M, X. APPENDIX. 215

(M. )

King's Letter to Lord Colepepper, dated Chirhe Castle,

Sept. 29, 1645.

COLEPEPPER,

I have seen and considered your despatches, and for this
time you must be content with results without the reasons,
leaving you to find them. Lord Goring must break through
to Oxford with his horse, and from thence, if he can, find me
out, wheresoever he shall understand I shall be, — the region
about Newark being, as I conceive, the most likely place. But
that which is of more necessity, indeed absolute, is, that, with
the best conveniency,, the most secresy, and greatest expedi-
tion, Prince Charles be transported into France, where his
mother is to have the sole care of him in all things but one,
which is his religion, and that must still be under the care of
the Bishop of Salisbury ; and this I undertake his mother shall
submit unto ; concerning which, by my next despatch, I will
advertise her. This is all. So I rest,

Your most assured friend,

CHARLES R.

C. R. — For Lord Goring's business, though I wish it, I can-
not say it is absolutely practicable ; but for my son's, that is
of necessity to be done. Yet for the way, I leave it to your
discretion, having already with you, as I conceive, as much
power in paper as I can give you. France must be the place,

not Scotland, nor Denmark.

C. R.
— Clarendons Hist, of the Rebellion, vol. v. p. 258.

( N. )

The King's Letter to the Prince.
CHARLES, Oxford 7th November, 1645.

I leave others to tell you the news of these parts, which
are not so ill as I believe the rebels would make you believe.

216 LIFE OF LORD CAPELL. Arr. 0.

That which I think fit to tell you is, I command you, as soon as
you find yourself in a probable danger of falling into the rebels'
hands, to transport yourself into Denmark ; and, upon my bless-
ing, not to stay too long upon uncertain hopes within this island,
in case of danger, as above said ; for, if I mistake not the pre-
sent condition of the west, you ought not to defer your journey
one hour. In this I am not absolutely positive, but am directly
positive that your going beyond sea is absolutely necessary for
me, as I do, to command you ; and I do not restrain you only
to Denmark, but permit you to choose any other country rather
than to stay here. As for Scotland and Ireland, I forbid you
either, until you shall have perfect assurance that peace be con-
cluded in the one, or that the Earl of Mountrose in the other

* -

be in a very good condition, which, upon my word, he is not
now : so God bless you. Your loving father,

CHARLES R.

— Clarendon's Hist, of the Rebellion, vol. v. p. 276.

(O. )

Letter from the King to the Prince.

CHARLES, Oxford, 7th December, 1645.

I writ to you this day month, of which, few days after, I
sent you a duplicate. The causes of my commands to you in
that letter are now multiplied. I will name but one, which I
am sure is sufficient for what I shall now add to my former. It
is this. I have resolved to propose a personal treaty to the
rebels at London, in order to which a trumpet is by this time
there to demand a pass for my messengers, who are to carry
my propositions ; which, if admitted, as I believe it will, then
my real security will be your being in another country, as also
a chief argument (which speaks itself, without an orator) to
make the rebels hearken and yield to reason. Whereas there-
fore I left you by my last to judge of the time, I absolutely

APP. P. APPENDIX. 217

command you to seek for carefully and take the first oppor-
tunity of transporting yourself into Denmark, if conveniently
you can ; but rather than not go out of this kingdom imme-
diately after the receipt of this, I permit and command you to
repair to any other country, as France, Holland, &c., whereto
you may arrive with most convenient security as to your passage,
for nothing else is to be feared. I need not recommend to you
the leaving the country in the best posture you may ; it so
speaks itself, as I shall always do to be

Your loving father,

CHARLES R.
— Clarendon s Hist, of the Rebellion, vol. v. p. 277.

( P. )

Account of a Letter to the King from the Prince's Council.

They informed his Majesty of the great indisposition that
they perceived in all the servants towards his Highness's leaving
the kingdom ; and that the jealousy was so great of his going
into France that they had reason to believe that many who were
very faithful and tender of his safety would rather wish him in the
hands of the enemy than in that kingdom ; and therefore, when
the time of necessity should come (which they assured his Ma-
jesty they would with any hazard watch and observe), they must
prefer the continuing him still within his Majesty's own dominions,
and so to waft him to Scilly or Jersey, and from thence conclude
what was to be done farther. They presented likewise their
humble opinion to him, that, in case he should be engaged in
a personal treaty at London (which they conceived the rebels
would never admit without such acts first obtained from his
Majesty as might invalidate his power and confirm theirs), how
inconvenient it might be, without the privity of those councillors
whom, he was then to trust, to transport the Prince, except in
danger of surprisal, before the issue of that treaty might be dis-
cerned ; assuring his Majesty that nothing should put his

218 LIFE OF LORD CAPELL. Apr. Q.

Highness's person into the hands of the Parliament but his
Majesty's own commands ; which they should not resist in his
own dominions, nor, they conceived, anybody else if he were out
of them.

— Clarendon's Hist, of the Rebellion, vol. v. p. 281.

(Q- )

His Majesty to the Lords Capell, Hopton, Culpepper,

and Sir Edw. Hyde.

Yours from Tavistock, 5th of January, hath fully satisfied
me why my commands concerning the Prince's going beyond
sea were not obeyed. I likewise agree with you in opinion that
he is not to go until there be an evident necessity ; also approv-
ing very much of the steps whereby you mean to do it ; but
will reiterate my commands to you for the Prince's going over
whensoever there shall be a visible hazard of his falling into
the rebels' hands. In the mean time I like very well that he
should be at the head of the army ; and so much the rather
for what I shall now impart to you of my resolutions, which I
command you, upon your allegiance, to keep with exact secrecy.
According to my orders given out, I am most confident to have
in a body by the end of this month 1500 horse and 1000 dra-
goons, well commanded and provided. With this army volant
I have resolved to make a quick march into Kent, where I am
well assured that the people's minds are not ill prepared for
my reception. My design is, besides raising a strength there
and in Sussex, to fasten myself in Rochester, or some consider-
able place not far from the sea ; and for the better effecting of
this (because my greatest danger will be lest the rebels give
me not time to settle a fast quarter) I have sent to my wife to
make the 5000 men which are promised correspond out of
France to land about Hastings in Sussex ; which if they do as
I have directed, I shall hope, by the grace of God, so to play

AIT. B. APPENDIX. 219

my game as to make the rebels sick, for that reason (corre-
spond) now they reject. But if (the) hoped-for succours fail my
expectation, and that I am so pressed upon as I cannot make
myself fast in those parts, then I intend to join with the Prince
of Wales. Now, in that case, whether I should go to him, he
come to me, or meet at an appointed place, is that for which I
chiefly impart this my resolution unto you, that so you may not
only give me the clearer advice when the occasion shall serve,
but also in the mean time be ordering your business in order to
this great design, which, by the grace of God, I resolve without
fail to prosecute, if some great accident do not intervene, which
may either impossibilitate the thing, or present unto me a better
undertaking. As for my London journey, I am of your opinion
that the insolency of the rebels is such (indeed you put it into
moderator words) that my personal treaty will come to nothing.
However, I assure you (whatsoever paraphrases or prophecies
may be made upon my last message) I shall never part with
the Church, the essentials of my Crown, or my friends. This,
with God's help, is the unalterable resolution of

Your most assured friend.

2nd February.

— Clarendons State Papers, vol. ii. p. 205.

Mr. Secretary Nicholas to the Lord Culpepper.

MY LORD,

I have certain advertisement from London that the Earl

of Newport reports there that the Lord Capel's Lieutenant
hath undertaken to deliver the Prince over into the Parliament
army. This I have from a good hand from London. Your
Lordship shall do well to have an eye to that Lieutenant, who,
it may be, may be injured by that report ; but I thought neces-
sary for me to acquaint your Lordship with it, and to desire

220 LIFE OF LOUD CAPELL. AIT. S.

you to make it known to the Lord Capel, that care may be
taken to prevent the worst. I am really,

My Lord,
Your Lordship's most humble servant,

33:2,308,403,205.
Oxon., 4 th. February.

— Clarendon State Papers, vol. ii. p. 206.

( s. )

Letter from the King to the Prince.

CHARLES, Oxford, 22nd March.

Hoping that this will find you safe with your mother, I
think fit to write this short but necessary letter to you : then
know, that your being where you are, safe from the power of
the rebels, is, under God, either my greatest security, or my
certain ruin. For your constancy to religion, obedience to me
and to the rules of honour, will make these insolent men begin
to hearken to reason, when they shall see their injustice not like
to be crowned with quiet ; but, if you depart from those grounds
for which I have all this time fought, then your leaving this
kingdom will be (with too much probability) called sufficient
proof for many of the slanders heretofore laid upon me ; where-
fore, once again, I command you, upon my blessing, to be con-
stant to your religion, neither hearkening to Roman supersti-
tions, nor the seditious and schismatical doctrines of the Pres-
byterians and Independents ; for know that a persecuted church
is not thereby less pure, though less fortunate. For all other
things I command you to be totally directed by your mother,
and (as subordinate to her) by the remainder of that Council
which I put to you at your parting from hence ; and so God
bless you.

CHARLES R.

— Clarendons Hist, of the Rebellion, vol. v. p. 3G6.

Arr. T. APPENDIX. 22 1

( T. )
The Queen to the Prince of Wales.

DEAR CHARLES,

I am now fully satisfied, upon the intelligence which I
have from Newcastle and London, that you cannot make any
longer residence in Jersey without apparent danger of falling
into the enemy's hands ; and that, if you should continue
there, all possible attempts would be suddenly made, as well
by treacheries as by force, to get your person into their power.
Therefore, considering of what high importance your safety is,
as well to the King's person and his affairs, as likewise to your
own interest and all his Majesty's kingdoms, I must positively
require you to give immediate obedience to his Majesty's com-
mands mentioned in the letter which I lately sent by Sir
Dudley Wyatt, and reiterated in the letter which I this day
received from the King by Mr. Montrevil, concerning your
repair into this kingdom. Whereas we have the greatest
assurance from the Crown of France that possibly can be given
for your honourable reception, and full liberty to continue here,
and to depart hence at your pleasure ; so I do hereby engage
myself to you and your Council, that, whensoever with their
advice your shall find it fitting to repair from hence into any
of his Majesty's dominions, I shall no ways oppose it, but shall
concur and assist therein ; and I likewise assure you that I
shall very punctually pursue the King's directions to me, con-
tained in his letter of the 22nd of March, an extract whereof I
herewith send you, signed by me. I mention these particulars,
that, so far as shall be in my power, all possible objections may
be satisfied. To which end I further declare my full consent
and desire, that, during your residence in this kingdom, all
business of importance which may concern yourself, or which,
through you, may relate to his Majesty's affairs, may be de-
clared and resolved by you and your Council, in such manner
as [you] ought to have been if you had continued in England

222 LIFE OF LORD CAPELL. APP. U.

or Jersey. All other particulars concerning your journey
hither, and your support when you shall be here, I refer to the
relation of the Lord Jermyn, and shall heartily pray to God
for your safe and speedy passage hither.

I am,
Your most affectionate mother,

HENRIETTE MARIE R.

St. Germain's, 20th June, 1646.

— Clarendons State Papers, vol. ii. p. 238.

(U. )

Considerations upon his Highness the Prince of Wales his going

from Jersey into France.

The P. of Wales his going into France is by many reputed
an action that at the instant, but principally for the conse-
quence, hath, and will have, as great an influence upon the
King's affairs, and those of his three kingdoms, as any that
hath been executed since the beginning of these troubles.
Neither in the King's own party was there ever greater oppo-
sition of sense ; therefore is it not unworthy the endeavour to
make a disquisition, by the most probable conjectures, what
were both the particular and public persuasions and interests
that swayed all parties that were eminently engaged for or
against it.

The date of this resolution I take to be after the battle of
Naseby, where the King's affairs received their mortal wound,
so that ever after it they had faciem cadaverosam ; and the
after strugglings of the Lord Ashleys, and alsoe of the western
forces, were motions that did rather arise from anguish and
pain, then from any hopeful or sound principle of natural force
and vigour ; yet there are some who beleeve themselves that
the date of it was somewhat earlier : suer I am that his High-
ness, and the body of his counsell, never receiv'd ether any
direction or the least intimation of it but after his Majesty's

APP. U. APPENDIX. 223

coming into Wales, which was after that sad misfortune ; and

o '

this I have from good hands.

The King's Majesty, observing the implacable hatred by
wch his person was persued, and having upon frequent occa-
sions made many gratious offers and attempts to pacify and
allay it, but all ineffectuall, and that noe consideration would
satisfy but the almost utter abolition of regall power (at least
in his owne person), did sadly consider what would be the con-
sequence of the Prince of Wales his person in their hands, by
wh he did believe that not only advantage would be made
against his owne person, but uppon soveraignty it selfe ; his
Highness' years rendering him capable to be imposed uppon,
and rather to bee the signet in their custody, to signe and
countenance their orders and actions, then the conductor of the
rights and interests of soveraignty. These reasons (to wch
some have added the King's inclination to gratify the Queene)
had weight, in the opinion of the wisest and faythfullest of the
King's party ; and therefore it seemed reasonable and neces-
sary to his Majesty to write diverse letters, both to his High-
ness and his councill, that, in case of visible danger of his
Highness falling into their hands, they should convey him into
France, or some other dominion. The Kinge directed letters
to the Queene to the same effect. The last letter was sent to
the Queen into France from his Maie, being then at New-
castle, and the Prince in Jersey : the clause of that letter that
concernes this argument I have sett down in the express words
themselves, because there was much contention about the inter-
pretation, whether they were positive or suppositive : — " I think
" not Prince Charles safe in Jersey, therefore send for him to
" waite upon thee, with all speede, for his preservation is the
" greatest hope of my safety."

The Queens Maie thought Jersey a place too contracted
and narrow to detayne his Highness person and thoughts, who
had title to a larger portion of the world, and more spatious
imaginations ; that by this secluse condition and seperation

224 LIFE OF LORD CAFELL. APP. U.

from affayrs he would suffer much in his education, and bee
much retarded in the acquisition of those princely qualitys and
endowments that should adapte him for the exalted ende of
his being. Hardly would shee bee pers waded of the fidelity of
all persons about him, or the absolute security of the place.
Nether could shee provide subsistence for him, unless shee
raysed a confidence in the French, by trusting the Prince's
person in their dominions ; through whose assistance alsoe the
game for the Crowne was to be played out : but some there
are who, not contented with these glorious and specious pre-
tences, believe they have found out the very intrige of the
matter ; for, observinge the undoubted securitye of Jersey
(whereby his Majesty principall end was attaynd), from whence
his Highnes might safely remove uppon any occasion, the
universall dislike of all the English nation of committing his
Highnes person under a forraigne power but uppon a visible
and most excusable necessity, the imbroyement of the Parle-
mentarians amongst themselves, the greatest hope for the
resurection of the Kings affayrs, that those whoe were to bee
thought wise enough to councell soe important an action could
not bee ignorant that it was rash to bee adventured on, and
then but uppon manifest advantages, and those ready for exe-
cution too, but nothinge of this appearing, and, lastly, that
this jorney could nether bee diverted nor respited, they did
beleeve that private reason and interest both carried him
thither, and must accompany him there ; and if publique bene-
fitt ether follow him or finde him where hee is, tis better for-
tune then goode meaninge ;' — that her Maie, whoe hath beene
persequted with the most envenomed malice that ever was any
person of her eminent virtue, birth, and dignity, and some other
persons of quality (we principally make application2 to her
Maie), and whoe by some accidents ly openest to thire indig-
nation, conceve themselves in the remotest if not hopeles con-

1 More by chance than good management. 2 Allude.

APP. U. APPENDIX. 225

dition of reintigration,1 and therefore have noe other expecta-
tion of it, but in the company of the Prince of Wales, \vhoe,
by his acknowledged inocency and neere conjunction to the
Crowne, cannot bee left out, as longe as thire is any venera-
tion remayning, ether to religion or lawes. Now, whether
these mens wisdome or jealousy bee greater, wee must attend
till time bee delivered of truth, wc burden I perswade my selfe
shee will not carry many months.

The French reason and intrest is next to bee considred in
this action. I have encountred very few of that superaboundant
charity, that beleeve these endeavours were only to have the
opertunity, to make demonstration of the noble and inate
humanity of that nation, to releeve and succor distressed
princes, and, above all others, the heire of England. This
favourable conjecture seemes to be checked by the Princes
havinge beene tow months in France, and as yet there hath
nether beene care taken of mayntenance to support himselfe
and his retinew, nor any person of quality sent to visitt him,
and to give him the bien venue into France : but all this time
hath beene consumed uppon punctillios, wth what formalitys
hee must visit the Kinge of France ; whether Monsieur the
Kings brother, or the Duke of Orleance the Kings uncle,
shall take place of the Prince of Wales. This cold entertayne-
ment suts not well with our northeren nation, whoe att home
make better provision both for the belly and the back. The
comon opinion is, that the Papalins2 designe both uppon his
highnes religion and manage, which they will execute when they
finde a fitt opertunity for it ; but our deepe men looke uppon
this conjecture as over vulgar and obvious, and allow nether
the triple crowne, nor the peticote embroydered with lilies, to
have any alliance with this affayre. They consider that
Cardenall Richeleu tempered this cupp of intoxication, gave
it to the Scots, whoe delivered the bottome and dreggs of it to

1 Renewing their fortune, or returning to their former condition.

2 Sic.

VOL. II. Q

226 LIFE OF LORD CAPELL. APP. U.

thire brethren of England : and that the French not yet satiated
with the miserys and confusions of England, or compassionate
in his Majesty's distresses, doe really1 intend a composure or
reconciliation of differences there ; but rather have contrived
and apprehended the opertunity of having the Princes person
in thire power, thereby to foment and continew this imbroyle-
nient, by bearing in hand the antimonarchicall and malitious
party that they will detayne him, and promising the other that
they will assist him in the behalfe of the regall right when they
have a convenient opertunity ; and that in truth he is such an
hostage, that the peace of the three kingdoms is under the awe
and power of thire councels. What is the reason ? say they,
it being well known to those that were employed in that
business that the French have much pressed his coming ? and
yet it must be comonly beleeved that they nether desired nor
laboured it ; noe doubt but to keepe an even hand with the
severall partisans in England, to wc I will add another, the
state of France, though att this time in the highest altitude of
puissance and renowne, yet the diversity and weight of thire
affayrs, sumons thire whole strength of men, moriy, and alliance,
to support them. There are besides dangerous seeds of muta-
tion in that state, and therefore they are very cautious that the
English should not apprehend them. Industrious to gett the
Princes person, or engaged in his assistance, espetially the
antimonarchicall party, for should they really beleeve the
French intended the depression of thire affayrs, it is not to bee
doubted (all popular councells being furiously vindicative) but
they would give those aids to thire adversarys that would
vex the French affayrs, if not turne the scale ; so that the
Princes coming to them undesired just nicks thire busines.

The Lds of his highnes councell of any,2 ly under the most
different interpretation, of reprehension and comendation. The
sevearest conjectures are, that these Lds nothinge liked this
jorney, because it would bee to thire diminution ; for whereas

1 Sic. Query. Do not really. 2 Above all.

Arp. U. APPENDIX. 227

hitherto they were the absolute disposers of the Prince and
his affayrs, they must then bee controwled by a higher autho-
rity, their powers ceasing imediately uppon the Princes being
in the dominion of France. Nether had they the courage
(say some) to advise or attend his highnes going thither, it
being an act that would make thire condition irreconcilable :
that the Prince was a pretious Jewell, which they retayned by
them to ransome thire fortunes and estates, when they saw a fitt
season for it; ney, some have the confidence to say that some
or most of them had contrived the betraying the Prince to the
parlament. Now to those that entertayne these opinions, I'le
bestow my conjecture that it was want of witt ; that these men
having lost thire estate for serving the Kinge, should now
forfeite the reputation of fidelity and courage for serving the
parlament ; suerly these men had not thire witts about them
when the Prince was soe longe in the West, and the enimyes
army close by them, should soe simply bringe the Prince into
Jersey, where, by the vicinity of France, they were in danger
to bee circumvented of all thire dessigns wc hath since
hapned ; and considering the disinclination of the ilanders to
his highnes quittinge them, they wanted both dexterity and
spiritt not to improve that expedient to delay the execution
of the contrary councels. But those thire are that doe much
magnify the advice of the Lds that it was justifiable by an
unanswerable weight of reason, that nothing could be more
ruinous to the Kings affayrs ; for besids the dangers of the
Princes mariage and religion, and those reasons alleadged in
the discourse of the Queens and French intrests, this is added,
that it was, of all others, the worst article of time, it being
notoriously knowne that his Majesty having lately trusted his
person under the power of his Scotish subjects, and promising
them that, in all his affayrs, hee would advise himselfe by his
parlaments of both kingdoms. What advantage for malevo-
lent constructions would this ill timed act afford ? noe other
but that even then new plotts and dessigns were contrived to

Q 2

228 LIFE OF LORD CAPELL. APP. U.

reimbroyle the kingdoms, and alsoe the sincerity of his Ma-
jestys professions controverted ; and as to the hopes and person
of his highnes, nothing more pernitious : for whereas all arts
and endeavours should have beene imployed to cherish and
multiply the kyndnes and reverence which the English nation
directed to the Prince, this would render him unloved and sus-
pected ; the place of his residence (jealiously looked uppon)
might make those impressions, and leave some tincturs in his
minde unacceptable to the affections of our nation. There are
some whoe though they are of a totall concurrence with the
advice of the Lds, yet blame them for dividing their persons
from the prince. It is true that it was out of their power to
divert this resolution, but that did not cancell the duty of their
attendance, but the reasons for it rather seemed to bee enforced,
for the more hazard the Prince his person was under, the
greater use and benefitt of faythfull and affectionate ministers
about him. But this is by others excused, for what greater
demonstration than the checque they received in this present
endeavour could themselves and the world have ? How un-
profitable thire counsells would bee to his highness, when
they believed thire opinions had those manifest advantages
that rarely happens in doubtfull affayre ; nether were they
unmindefull that this foyle would render them every day less
and less valued by those that had made this conquest over
them, and in whose consortship they must attend his highness :
but others there are, and not a few, that highly extoll thire
proceedinge throughout, that the worthyness of the action was
equall to the wisdome and weight of th? advice, and that both
together had ascertayned the world of the sincerity of thire
harts throughout the whole progress of the cause ; that these
noble persons had kept thire station firme, uppon the very
center of virtue, from whence nether love nor hatred, the
malice of thire enemys, nor the misconceptions of thire friends,
could incline or move them to assent to, or countenance an
action or councell which they, in thire understandings and

APP. U. APPENDIX. 229

consciences, apprehended and believed fatall to the Kinge,
Prince, and nation. And as for servile fears and impuer
hopes, whoe can suspect but thire noble soules disdayned to
admitt of a parle with such abject passions, consideringe that
for this five years there cannot be named any whoe, from
first to last, have made soe steady a progression in his Ma-
jestys affayrs ; that this cleane and unpolutcdness of minde
will sustayne thire tranquility in all thire distresses and suffer-
ings, and an unstayned estimation amonge men ; conserve
them more applicable for future imployments, to the advantage
of his Maie and his highnes service. Thus gayly doe some
talke for them, all saints noe doubt ; but concerninge them,
the opinions are not more different then vehement, which
hathe left mee altogether with an opinion nether to condemne
nor acquitt them ; but beleeve me I shall the more narrowly
watch thire future demenour. The last and not most uncon-
cerned in the consequence of this councell, is the whole
English nation. This people are now devided (God bee mer-
cifull to them) into three several partys ; and wee must first
describe them before wee can make report of the conjectures

agreeing with thire different intrests.

o o

The first (of whome the Kinge is heade) have for these
five years contended, with much vicessitude and interchange
of fortune, but att last unprosperously with both the other
tow and the Scotish nation in the defense of the antient
rights and preheminences belonging to regality. These,
though now vanquished and dissipated, yet remayne many
for nomber and eminent for quality.

The seconde party call themselves Presbiterians : The heade
of them is the cyty of London, assisted by the Scotch army,
wc denomination should seeme to entitle them only to an
exclesiasticall contention ; but whoe soe considers thire de-
mands and proceedings will easely discerne that this is but
the box or cover wc encloses thire civill machinations ; for the
restrictions and lyrnitations they putt uppon the regall sove-

230 LIFE OF LORD CAPELL. AFP. U.

raignty renders the government aristocraticall under a titular
kingship ; the very disciples of Lycurgus when they have
exchanged thire gould and silver for copper and iron, and
quitted thire delights and pleasures for the Spartan tempe-
rance and sobriety ; and then noe doubt but a very infidell
but will beleve that this government must bie of longer dura-
tion then that was.

The third Party is the Independent, whoe with a new name
have contracted a greate power : Thire heade is the marchinge
army. These are absolutely antimonarchicall, ney, it is a
courtesy to admitt them soe much within the lymitts of
government as to stile them Democraticall, for as yet they
have not exhibited to the world a modell of what they strive
for ; and yet these have as many swords by thire sides, if not
more, than ether of the other tow partys. What miracle was
ever greater ? Must wee not, with the ^Egiptian Magitians,
acknowledge, hie est digitus Dei, and, if it bee permitted to
use the expression, may wee not say that thire grasshoppers
and lice were tipes of our chastisement ? But the busines is to
relate the conjectures how this action was entertayned by these
severall partys ; for noe doubt but as thire intrests were sepe-
rate, soe the passions with which they were agitated were
diverse.

The first (it is beleeved) will, out of a kinde and dutifull
affection to the Kinge, much lament the misfortune they appre-
hend will really happen to his Majestys affayrs by this ill
advised resolution, the inconveniences whereof wilbe much
improved by the misconstructions of his adversarys : The
second wilbe enraged that the heire of the crowne should be
deposited under a foraine power, the reasons and intrests of
thire designements swaying them to bee carefull of the seede
of the crowne, whatever becoms of the roote : The last are the
only persons gratified, whoe wilbe much rejoyced with it,
having now thire envenomed minds better furnished with argu-
ments against the Kinge and his councels ; therefore some

APP. V. APPENDIX. 231

have reported that the most -versatile of that party did instruct
the French resident att London in what manner the state of
France should solicite his coming thither. Whether this bee
true or noe I am utterly ignorant, yet let noe man reject it out
of an improbabilyty that these men had not the skill to spin
thire yarne soe fine : for I beleve a man may tier a good horse
before hee finds a pack of craftier knaves ; ney, shall I say
more, that the whole body of this party have virtues, or the
symulations of them, that make upp a dangerous adversary,
temperance, patience, industry, unity amonge themselves, and
obedience to thire guids. I would his Majesty had imployed
instruments in his just cause that had not beene worse
qualified.

I shall conclude this discourse with a short observation
uppon these observations, the matter of them being a notable
demonstration that the resolutions of greate princes, like thire
persons, have a greate trayne attending them ; and therefore
with how greate circumspection and deliberation ought they
to resolve, and not more carefully to ponder the reasons and
persuations of those that councell them then the councellors
themselves ; for infallably all councells, more or less, have a
tange of the casque from when they are drawne ; and in the
mistery of kinge craft a cleere vision of the advice and advisers
is equally necessary.

(V.)
Sir Edward Hyde to his Majesty.

MAY IT PLEASE YOUR MAJESTY,

As soon as his Highness left this island, my Lord Ca-
pell, my Lord Hopton, and myself, presented our duty and an
account of ourselves to your Majesty, and besought your
Majesty's commands how to dispose ourselves to your service.
Whether that humble address of our's had ever the happiness

232 LIFE OF LORD CAPELL. Apr. V.

to be presented to your Majesty I know not. The bearer hereof
goes with more confidence of admission into those quarters than
many other very good men can yet entertain who wait the op-
portunity with the same alacrity and devotion ; and therefore I
thought it very agreeable to my duty, by this, or any other
possible occasion, to cast myself at your Majesty's feet, with the
confidence of a man that hath never deceived the least trust re-
posed in him by your Majesty, or committed any fault against
you. And, therefore, presuming that I am not, by the public
misfortunes, fallen in any degree from your Majesty's gracious
acceptation, I am so far from begging your leave to wait on you
(though it be the only happiness i am capable of in this world)
that I beseech your Majesty not to vouchsafe the least thought
or consideration of me, when it may collaterally give any inter-
ruption to what may else seem useful to your service ; and not
being able to make any alteration in myself in those opinions
(which your Majesty hath heretofore allowed me the freedom of)
which, I perceive, grow every day more obsolete, I think myself
much fitter for contemplation than action, and flatter myself
with an opinion that I am doing your Majesty some service in
this excellent island, whilst I am preparing the story of your
sufferings, that posterity may tremble at the reading of what
the present age blushes not to execute. Amongst your
Majesty's prosperous councils (since these distractions) there
are very few in which you have greater cause to rejoice than
your disposing this island to the government of this prudent
and dexterous Lieutenant-Governor, who reduced it not with
greater skill and discretion than he hath kept it. Your Majesty
will easily believe every loss you have sustained in England
hath increased the difficulties of preserving this, it depending
and subsisting so absolutely by the trade of wool from thence,
with which the manufacture of stockings is supported. And
therefore, if by your Majesty's command any expedient might

1 Col. Collins.

APP. V*. APPENDIX. 233

be found for supplying of wool from the north of England, it
would be a sure way to compose all fears and apprehensions
here ; and a little encouragement from thence would quickly
reduce the island of Guernsey, the castle being still in your
Majesty's obedience. I need not present to your Majesty the
importance of these two islands, being so well known to your
Majesty to be a principal foundation of your sovereignty in the
narrow seas. But if either the rebels should be able to gain
them, or (which is worse, for whatever the rebels do get will
infallibly^ in God's good time, revert to the crown of England)
some foreign state should possess them, upon the advantage of
the civil distractions, your Majesty's loss would be unspeakable,
and, in that last case, the damage to the crown of England
irreparable, and which no glorious success at home would ever
repair. But a very little care this winter will prevent any pos-
sible inconveniences.

God of heaven preserve your Majesty's person, in whom we
all live, and your honour, the fame and renown whereof is the
salvation of this world, and your conscience, upon which the
hope of the next depends, and then all afflictions will be sup-
portable. Sir,

Your Majesty's most dutiful

and most obedient servant.1

— Clarendon State Papers, vol. ii., p. 293, 4.

Sir Edward Hyde to the Lord Jermyn.

MY LORD,

Any mention and kindness from you deserves the most
formal and punctual acknowledgment from me that I can
make, and therefore I must return you my own thanks for your

1 Lord Clarendon's letter to the King, Nov. 21st, 1646, which was never deli-
vered to him.

234 LIFE OF LOED CAPELL. Arr. V*.

favour in your last to your governor, who makes very much of
me, but cannot make me a grain wiser than you left me, so
that you are like to have no other comfort of me than that I
am in a place where I do no hurt, which, next doing good, is
the most commendable quality. Study we do without your
Tully, and serve God without your velvet, though we might do
the first more profitably, and the other more decently, if both
were supplied. I find I have a stronger faith in the Scots, for
which I have not been heretofore suspected, than any of you ;
and if I should hear they have received the first 100,0007., and
appointed a day to be gone, I should not be troubled ; but
when they quit Newcastle out of kindness or justice to their
brethren, I will be hanged. They have an advantage the
King, since these troubles, can never attain to. To make pro-
positions would undo themselves being consented to, and those
are the strategemata politico, by which they intend to do their
business, and if I judge too reasonably for them, they will re-
pent it as soon as I. I wish your Lordship a good new year,
such a one as may not only repair the misfortunes of the last,
but of four or five former, and carry us all back to that ill-in-
habited city, which is much pleasanter than Paris, and even
than Jersey itself, and for which I shall be willing to part with
this blessed island. If you are so ill a courtier as to mention
my duty and devotion to the Queen and Prince, you will not be
discredited by any undertaking for the former innocence and
simplicity, or the present very entire faithfulness of,

My good Lord,

Your Lordship's, &c.

6
Jersey, 1st of Jan., 164;=.

— Clarendon State Papers, vol. ii., p. 323.

APP. \f. APPENDIX. 235

( w. )

Articles of Association entered into between the Lords Capell and
Hopton, and Sir Edward Hyde, and Sir George Carteret,for
the defence of the Island of Jersey against a supposed design
of the Lord Jermyn to give it up to the French.

HAVING continued together in this his Majesty's island of
Jersey ever since his Highness the Prince of Wales, by positive
command brought hither by the Lord Jermyn (contrary to our
humble and earnest advice), went into France, in expectation
of some opportunity of serving his Majesty, our gracious and
royal master, we have received, within the space of this last
month, several advertisements out of France of a design to give
up this island to the French, particularly from a worthy lady
who was lately at St. Germain's, that she was told by some of
the ladies about the Queen that this island was to be delivered
up to the French for a good sum of money, with which their
wants should be relieved ; then, from a very discreet and know-
ing gentleman, now resident at Paris, that he hath received the
same information by several gentlemen conversant in the secrets
of the Court, and that the Lord Jermyn was to have 200,000
pistoles for the delivery, and that he was to buy Aubigny from
the owners for 50,000 pistoles, and that Mr. Cooly, secretary
to the Lord Jermyn, asked a gentleman how he thought the
islanders would like of it, if there should be any overture of
giving it to the French. On Friday last one of us received a
letter in cipher from a person of known reputation, that he
heard from very good hands that the Lord Jermyn was to be
made a duke of France, and to receive 200,000 pistoles, for
which he was to deliver up the two islands of Jersey and
Guernsey ; and, yesterday, one of us received another letter
from a very honest gentleman conversant in the Court there,
in which he mentioned two other letters, formerly sent by him
with the same advertisements (neither of which are come to us),

236 LIFE OF LORD CAPELL. AFP. W.

which were, that he understood from sure hands that the Lord
Jermyn was to be made a duke, to have 200,000 pistoles for
the delivery of those two islands, and that the design was that
2000 French were to he levied for the King of England's ser-
vice, under a pretence of reducing the island of Guernsey under
the command of the Lord Jermyn, who, under that colour,
should be able to seize on both islands ; that the design was so
forward that ships were hiring by the Cardinal for the trans-
portation of the men ; lastly, a gentleman, who is a known
creature of the Lord Jermyn's, coming lately from Paris, told
us that the design of the French was visibly to make the King
of England their tributary, and to assist him no farther than
served for their own greatness. Being asked, Whether the
Lord Jermyn believed their designs to be such? he answered,
he thought the Lord Jermyn was of the same mind and de-
sired no other.

These concurrent informations of several persons, all strangers
each to other (whose names we forbear to insert, lest by any
accident this paper may fall into hands whereby they may re-
ceive prejudice), together with the Lord Jermyn's total neglect
of both these islands, in making provisions and sending supply
unto them according to his promise, and of repaying those sums
of money which were frankly lent by the islander to his High-
ness at his being here ; besides that we had in the same manner
received advertisements before of those counsels which ought to
have been the most secret, as the intention of drawing the
Prince into France, which was discovered by the men in that
Court before the King's counsellors about the Prince heard of
any such purpose, gave us just cause to apprehend the truth,
at least the possibility thereof, and thereupon to consider be-
tween ourselves what would become us to do, out of our per-
sonal allegiance and relation to his Majesty and the crown of
England, our duty and affection to our native country, the
Protestant religion, and the laws and liberties of the English
nation, the defence and maintenance of all which hath been our

APP. X. APPENDIX. 237

only end in whatsoever we have done since these troubles. —
Clarendon State Papers, vol. ii. p. 279, 80.

(X.)

Charles, Prince of Great Brittaine,Duke of Cornwall and Alba-
nie, highest Captaine Generall of all his Majesties Forces, raised
or to bee raised within the kingdome of England and dominion
of Wales ; To our right trustie and well-beloved Arthur Lord
Capell, Baron of Hadham, greeting. Knowe yee, that wee, re-
posing speciall trust and confidence in your conduct, courage,
fidelitye, and good affection to the King, our Royall Father, and
to vs, doe by these presents nominate, constitute, and appoint
you to bee Lieutenant- Generall of the counties of Essex, Nor-
folke, Suffolke, Huntingdon, and Hartford, and of all counties,
cities, townes corporate, liberties, jurisdictions, and places what-
soever within the said counties, or any of them. Giving you
heerby full power and authoritie to raise and leavie for his
Maties seruice, within ye severall counties and places aforesaid,
all the forces you may, both of horse and foote, and so forme
the same into the bodye of an armie. And to that end to ap-
point and authorise all colonells and other officers necessarie
for the government, conduct, and command of y8 said forces.
And for the better and more orderly government of ye same,
wee heereby alsoe give you power and authoritie to settle a
court of warre for the punishing of all misdemeanors and
offences according to the law martiall ; and to doe and execute
all such other things and duties as belong to ye office of a Lieu-
tenant-Generall and to the power and authoritie given you by
this commission. In the execution whereof you are to receyue
order from vs, or from such Generall as wee shall appoint.
Given under our hand and scale att St. Germains, the 15th of
Aprill, in ye 29th yeare of ye raigne of ye King our Royall
Father. CHARLES P.1

1 MS. in the possession of the Earl of Essex.

238 LIFE OF LORD CAPELL. APP. Y, Z.

( Y. )

June 26th, 1648.

Ordered, that the former Order for apprehending twenty
persons to be sent into Essex to the General, to be used as Sir
William Massam and the rest of the gentlemen of the Com-
mittee of Essex are used, be renewed ; and that Mr. Speaker
have power to send out warrants to command all officers to
apprehend young Mr. Capell, son and heir apparent of the
Lord Capell, and other persons, to make up the said number ;
and in case of opposition to break open locks and doors to
search for the said Mr. Capell, and such person or persons so
to be apprehended ; and that the Committee appointed to ap-
prehend the said persons, do sit this afternoon ; and do take
speedy and effectual course for the apprehending the persons
aforesaid, and sending them with all expedition to the General.

Ordered, that Bishop Wren be sent to the General to be
used as Sir William Massam and the rest of the Committee of
Essex are used. — Journals of the House of Commons, vol. v.
pp. 612-13.

Extract from the Lords Journals.

Upon reading the petition of Eliz. Lady Capell, wife to
Arthur Lord Capell, shewing " That Arthur Capell, her
" eldest son, an infant of about sixteen years, hath been lately,
" by order of both or one of the Houses, sent prisoner to the
" army under the command of the Lord Fairfax."

It is ordered, That this petition be sent to the House of
Commons ; and to let them know that this House hath given
no such Order ; therefore to desire that he may be returned to
his mother. — Lords'1 Journals, vol. x. p. 353.

A message was sent to the House of Commons by Doctor
Heath and Mr. Eltonheade.

APP. Z. APPENDIX. 239

To deliver to them the petition of the Lady Capell ; and to
let them know this House knows nothing of this business :
therefore desire he may be released from his present restraint.
— Ibid.

It was moved, " That a letter might be sent to the Gene-
" ral, to send up the Lord Capell's eldest son to this House, he
" being a prisoner, taken away from the Lady Capell."

And the question being put, " Whether to have a letter
" written to the Lord General, to send up the Lord Capell's
" son, now in his custody, to this House ?"

It was resolved in the affirmative.
— Lords' Journals, vol. x. p. 361.

Ordered, That Mr. Arthur Capell shall have a pass to go to
his mother; and that the Speaker write a letter to the General,
to give him thanks for returning Mr. Arthur Capell. — Lords
Journals, p. 375.

" My Lord,

{< I am commanded by the Lords in Parliament to give your
" Lordship thanks for your respects to Mr. Arthur Capell, and
" your ready obedience to the authority of Parliament. Like-
" wise, I am to acquaint your Lordship that the Lords have
*' received information that Edward Elliott, a menial servant
" and steward to the Lord Maynard, is taken away from his
" Lordship's house in Essex by a party of Horse, and carried
to the army now with you. Therefore the desire of the
Lords is, That you would give directions that the said Edward
Elliott may be released, and be permitted to return to his
«' Lordship's service. This is all I have at present in command,
" as

" Your Excellency's

" Humble Servant.
" Westm'r, this llth of July, 1648."

— Lords' Journals, vol. x. p. 375.

a
it
If

240 LIFE OF LOED CAPELL. Arp. A A.

( A A. )

The petitions of the townspeople were enclosed to Lord Fair-
fax by Lord Norwich, saying '• that at the desire of the inha-
'' bitants they had thought fit to send them." And %t that they
" should be constrained for the better accommodation of the
" soldiery, to turn out the townspeople, whereby their houses
" and goods wrould be left liable to spoil and ruine ; for pre-
" vention whereof they had thought fit to treat with his Lord-
" ship for the surrender of the town if he pleased ; to which
" purpose they would send six officers, if his Lordship would
" appoint the like number."

The petitions enclosed were, one to the Earl of Norwich,
the Lord Capell, and Sir Charles Lucas — saying, " that
" having received their commands to depart the town, for better
<l supply of the souldiers, they might petition the Lord Fairfax
" for liberty to pass into the country to prevent the danger of
*' their lives without his leave. They prayed their honours to
" give way for their petition to be presented to the Lord Fair-
" fax ; and till they had his answer, that they might not be
" inforced from their habitations."

The other petition enclosed to Lord Fairfax was that of the
inhabitants of Colchester to himself, in which they desired to
inform his Lordship " that the Commander-in-Chief in the
" garrison had ordered all the inhabitants to provide with ex-
fl peditlon to depart the town, or otherwise by power they
" should be forced thereto, for that whatever became of the
" townsmen, the souldiery who maintained the King's cause
" must and shall be provided for. That being driven to this
4 exigency, they have no other means but to fly to his Christian
" charity and clemency, and humbly to pray that he would give
" them leave to pass into the country for the preservation of
" their lives.

ie Subscribed by the Mayor and four Aldermen
" in the name of all the petitioners."

AFP, B B. APPENDIX. 24 1

To the Letter the General returned this Answer.

He was willing to believe that the pressing necessities of the
miserable inhabitants of Colchester had wrung from them the
Petition enclosed in their letter — That he should not only clear
himself to all the world from the occasion of their sufferings,
but so far contribute to their relief, as to allow all the inhabit-
ants of the town (the Lords first engaging not to restrain any
who shall be willing to come out) to enjoy the liberty in their
Petition desired.

Provided, the Committee of the county of Essex, then pri-
soners with the Lords in the town, be sent out with the first ;
only he shall not permit the wives and children of any towns-
men, or others, who shall abide with the Lords in armes, to
have the benefit above mentioned.

Concerning the condition of the town, he offers that all such
officers and souldiers under the degree of a captain (excepting
all such who, being members of his army, have, since the 10th
of May last, deserted their colours), they ingaging themselves
never hereafter to bear arms against the Parliament, shall have
passes without injury offered them, to return to their respective
homes. And all captains, and other superiour officers, with the
Lords and Gentlemen, to submit to mercy.

Your Lordship's servant,
Subscribed THO. FAIRFAX.

— WhitelocKs Memorials, p. 326.

(BB. )

" Articles agreed upon, the 27th of August, 1648, by and
between the Commissioners of his Excellency the Lord General
Fairefax on the one party, and the Commissioners of the Earl
of Norwich, Lord Capell, and Sir Charles Lucas, on the other
part, for and concerning the rendition of the town and garrison
of Colchester.

VOL. II. R

242 LIFE OF LORD CAPELL. APP. B B.

"1. That all the horses belonging to the officers, soldiers,
and gentlemen engaged in Colchester, with saddles and bridles
to them, shall be brought in to Marye's Church-yard, by nine
of the clock to-morrow morning, and the spare saddles aud
bridles into that church ; and delivered, without wilful spoil, to
such as the Lord General shall appoint to take charge of
them.

" 2. That all the arms, colours, and drums, belonging to any
of the persons in Colchester above-mentioned, shall be brought
into St. James's Church, by ten of the clock to-morrow morn-
ing ; and delivered, without wilful spoil or embezzlement, to
such as the Lord General shall appoint to take charge of
them.

"3. That all private soldiers, and officers under captains,
shall be drawn together into the Fryers' Yard, adjoining to the
East Gate, by ten of the clock to-morrow morning, with their
cloaths and baggage ; their persons to be rendered into the
custody of such as the Lord General shall appoint to take
charge of them ; and that they shall have their quarter accord-
ing to the explanation made in the answer to the first quaere
of the Commissioners from Colchester, which is hereunto
annexed.

" 4. That the lords, and all captains and superior officers
and gentlemen of quality engaged in Colchester, shall be
drawn together to the King's Head Inn, with their cloaths and
baggage, by eleven of the clock to-morrow morning; and there
render themselves to the mercy of the Lord General, into the
hands of such as he shall appoint to take charge of them ; and
that a list of the names of all the general officers and field
officers now in command in the town be sent out to the Lord
General, by nine of the clock in the morning.

"5. That all the Guards within the town of Colchester shall
be withdrawn from the line, fort, and other places, by eight of
the clock to-morrow morning ; and such as the Lord General
shall appoint, shall thereupon come into their rooms.

APP. BB. APPENDIX. 243

" 6. That all the ammunition shall be preserved in the
places where it lies, to be delivered to the comptroller of his
Excellency's train by ten of the clock to-morrow morning ; and
all the waggons belonging to the soldiery or persons engaged,
with the harness belonging thereunto, shall be brought to some
convenient place near the ammunition, to be delivered to the
same person by the same hour.

" 7. That such as are wounded and sick in the town be there
kept and provided for, with accommodation requisite for men
in their condition, and not removed thence until they be
recovered, or able without prejudice to their healths to remove ;
and shall have such chlrurgeons allowed to look to them as are
now in the town.

" 8. That all ordnance in the town, with their appurtenances,
shall, without wilful spoil, be left at the several platforms or
places where they are now planted, and so delivered to his
Excellency's guards that shall take the charge of those places
respectively.

" 9. That from henceforth there shall be a cessation of arms
on both parts ; but the forces within the town to keep their own
guards, and the Lord General's to keep theirs, until they shall
be removed to the articles aforegoing.

" Signed by us,
" The Commissioners on the behalf of his Excellency

the Lord Fairefax,

" Tho. Honyvvood, " Bram. Gurdon,

H. Ireton, J. Sparrowe,

Tho. Rainborowe, Isaac Ewer,

Edw. Whalley, Tho. Cooke,

W. Bloys, G. Barnardiston.

" The Commissioners on the behalf of the Earl of
Norwich, the Lord Capell, and Sir Charles
Lucas.

"Wm. Compton, "Sam. Tuke,

Ab. Shipman, Wm. AylofFe."

244 LIFE OF LORD CAPE1L. APP. C C.

( C C. )

The execution of Sir Charles Lucas has been attributed to
the fact and justified on the grounds ' of his having formerly
broken his parole to Lord Fairfax. The words in Rush worth,
under the date of June 20th (vol. vii. p. 1 160), and in White-
lock, p. 309, are as follows : — " The Lord General sent his
letter to Colchester to acquaint them that Sir Charles Lucas
had forfeited his parole, his honour and faith, being his prisoner
upon parole, and therefore not capable of command or trust in
martial affairs. To this an answer or excuse was sent." The
answer or excuse certainly was sent, but in the shape of the
following indignant denial of his supposed liability to the
authority of Fairfax.

For the Lord Fairfax.

MY LORD,

In your letter sent by your trumpeter to my Lord
Capel, and another from your Lordship to myself, you make
exceptions to him concerning me, as being a prisoner still unto
your Lordship. Sir, I wonder that you should question me of
any such engagement, since I purchased my freedom and estate
at a high rate, by a great sum of money, which I paid into
Goldsmiths' Hall, for which, according to the ordinances of the
two Houses, I was to enjoy my freedom and estate.

When I conceived myself in this condition, I sent a letter to
your secretary, desiring him to advertise your Lordship that I
had punctually performed my engagements as they stood in
relation to your Lordship. Upon which I had notice from him
that you accepted of my respects to you, which, truly, have

1 " Upon the whole, it may be fairly assumed that Lord Fairfax was justified in
" adopting the sentence of the court, which confirmed the view he had himself ex-
" pressed, when so far back as June he gave Lucas notice that he held him
" responsible for having forfeited his parole, his honour, and his faith, and that he
" considered him incapable of being treated with." — Fairfax Papers, vol. ii. p. 58.

APP. CC. APPENDIX. 245

never been wanting to your person. But, my Lord, besides my
inclinations and duty to the service I am in at present, be
pleased to examine whether the law of nature hath not insti-
gated me to take my sword again into my hand ; for when I was
in peaceable manner in London, there was a price set upon me
by the committee of Derby House, upon which I was constrained
to retire myself into my own country, and to my native town,
for refuge, where, my Lord, I do remain, not your prisoner, but
Your Lordship's very humble servant,

CHARLES LUCAS.

Colchester, June the 19th, 1648.

— Fairfax Papers, vol. ii. p. 56.

Till the publication of the Fairfax Papers, Lord Fairfax's
letter to Sir Charles Lucas, and the circumstances on which it
was founded, remained unsubstantiated, and Lord Fairfax's
subsequent silence on the subject created some doubt as to
whether any such letters had passed. The editor of the
Fairfax Papers considers that " Sir Charles Lucas' justification
on the ground of having ' purchased his freedom ' is altogether
untenable ; that the transaction at Goldsmiths' Hall simply
ransomed his estate, but did not invest him with the right to
bear arms against the Parliament," and " that the parole is an
inevitable corollary from the fact of having been taken in arms
and subsequently liberated." Without entering into the subject
of whether, by general or particular usages of war, a liberated
prisoner who has purchased his liberty and the repossession of
his estate with money is still necessarily regarded as on parole,
it is clear that Sir Charles Lucas not only met that claim with
an absolute denial, but with the counter statement that he
had been forced into seeking refuge in the very town that was
besieged by Lord Fairfax, to avoid the consequences of a price
being set on him, though he had paid for his freedom. Whether
Sir Charles Lucas stated his case with unanswerable truth
it may be perhaps impossible now to prove, but his assertions

246 LIFE OF LORD CAPELL. AIT. DD.

were not answered by the reiteration of Lord Fairfax's pre-
tensions to consider him as bis prisoner. Lord Fairfax did not
rest bis justification of tbe execution of Sir Charles Lucas upon
any grounds different to those alleged for the execution of Sir
George Lisle, and the intended execution of Sir Bernard
Gascoyne, either in his letter to Parliament, or in his own
* Short Memorial.' Lord Fairfax explicitly stated the reasons
by which he was actuated, and by those his conduct, must be
judged. Lord Fairfax's right judgment or humanity may
afford matter for difference of opinion, but his justification
cannot be made to rest on those grounds which he did not
himself allege as the reasons for his decision.

( D D. )

Letter from Earl of Manchester to Lord Fairfax.

MY LORD,

The Lords have received your letter by which you give
them an account of the rendition of Colchester ; have com-
manded me to return thanks to your Lordship for your respect
to them, and also for the good service done in regaining of the
said town. They further desire that you will send the Lord
Goring and the Lord Capell unto Windsor Castle, with a
guard for their safety ; and the Lords will give order that the
Governor shall receive them, and keep them in safe custody.

Your Excellency's friend and servant,

E. MANCHESTER.

31st August, 1648.

Ordered by the Lords in Parliament assembled that Col.
Whichcott, the new governor of Windsor Castle, shall take into
his custody the bodies of George Lord Goring and Arthur
Lord Capell, and keep them in safety ; being taken in actual
war against the Parliament,

To the Governor of the Castle of Windsor,

» *

or his Deputy and Deputies.

APP. E E, F F. APPENDIX. 24/

( E E. )

Resolved, That George Lord Goring be attainted of high
treason, for levying actual war against the Parliament and
Kingdom ; and that an ordinance be forthwith prepared and
brought in, for his attainder and tryal for high treason accord-
ingly.

Resolved, &c., That Arthur Lord Capell be impeached of
high treason, for levying actual war against the Parliament and
kingdom ; and that articles of impeachment be prepared and
brought in against them accordingly.— CWmorcs' Journals,
vol. v. p. 695.

( FF. )

Whereas, the seventeenth of August, 1648, this House did
concur with the Lords, that, for opening a way towards a treaty
with his Majesty, for a safe and well-grounded peace, these
votes following should be, and were, revoked and taken off,
viz. : —

1. " Resolved, That the Lords and Commons do declare, that
they will make no further addresses or application to the
King."

2. " Resolved, by the Lords and Commons assembled in
Parliament, that no application or address be made to the
King by any person whatsoever, without the leave of both
houses."

3- " Resolved, by the Lords and Commons assembled in
Parliament, that the person or persons that shall make breach
of this order shall incur the penalty of high treason."

4. " Resolved, That the Lords and Commons do declare, that
they will receive no more any message from the King, and do
injoin that no person whatsoever do presume to receive or bring
any message from the King to both or either of the Houses of
Parliament, or to any other person."

248 LIFE OF LORD CAPELL. APP. GG.

Resolved, &c., That the vote for revocation of the said
votes was highly dishonourable to the proceedings of Parlia-
ment, and apparently destructive to the good of the kingdom.

Ordered, That Mr. Whittacres, Mr. Miles Corbett, Colonel
Harvey, Mr. Blakiston, Mr. Challener, Mr. Love, Mr. Gar-
land, or any two of them, do see the orders made by this house
duly entered in the book, and Mr. Garland and Mr. Whitt-
acres are to take care hereof.

Resolved, &c., That the vote of 28° Julii, 1648, ' That a
treaty be had in the Isle of Wight with the King in person, by
a committee appointed by both houses, upon the propositions
presented to him at Hampton Court,' was highly dishonourable
to the proceedings of Parliament, and apparently destructive to
the good of the kingdom.

Resolved, &c., That the several votes of 10° Novembris,
1648, concerning the banishment of George Lord Goring, the
Earl of Holland, the Lord Capell, Sir Henry Lingen, Henry
Hastings, Esquire, now called the Lord Loughborough, Major-
General Rowland Lawherne, and Sir John Owen, are destruc-
tive to the peace and quiet of the kingdom, and derogatory to
the justice of the kingdom, and are hereby revoked and made
null.

Resolved, &c., That the vote of 10° Novembris, 1648,
' That James Earl of Cambridge be fined the sum of one hun-
dred thousand pounds, and that he be kept close prisoner until
he make payment of the said fine,' be, and is hereby revoked,
and he left to justice.

( G G. )

" The Commons taking notice that the Lords had rejected
their ordinance for tryal of the King, and had adjourned their
house, they sent some of their members to examine the Lords'
Journal-book, and they reported to the Commons three votes
passed by the Lords.

APP. HH. APPENDIX. 249

" 1. To send answer by messengers of their own.

" 2. That their Lordships did not concur to the declaration.

<f 3. That they had rejected the ordinance for tryal of the
King.

" Hereupon the Commons voted —

" That all their members and others appointed to act in any
ordinance wherein the Lords are joyned with them, shall be
impowered and injoyned to sit, act, and execute in the said
several committees of themselves, notwithstanding the House of
Peers joyn not with them.

" Order that the ordinance for tryal of the King, and the
declaration from which the Lords dissented, and which were
intended for both houses, shall now be by the Commons only,
and that the former committee do sit presently, and report the
alteration in the afternoon, during which time the house ad-
journed.

" In the afternoon the committee made their report, and the
ordinance was recommitted, and to be reported again to-
morrow, the Lords names to be left out, ,,and the three Judges,
and Sergeant Bradshaw, Sergeant Nicholas, and Mr. Steel, to
be assistants.

" The Speaker acquainted the House with a letter he had
received by the French Ambassador from the Queen, but the
house would not have it read." - WhitelocKs Memorials, p. 361.

( HH. )

The execution of Charles I. has been mentioned " in later
ages by a few with unlimited praise, by some with faint and
ambiguous censure, by most with vehement reprobation. . . .
His offences were not, in the worst interpretation, of that atro-
cious character which calls down the vengeance of insulted
humanity, regardless of positive law. His government had
been very arbitrary ; but it may well be doubted whether any,

250 LIFE OF LORD CAPELL. APP. II H.

even of his ministers, could have suffered death for their share
in it, without introducing a principle of barbarous vindictive-
ness. . . . As for the charge of having caused the bloodshed
of the war, upon which, and not on any former misgovern-
ment, his condemnation was grounded, it was as ill-established
as it would have been insufficient. AVell might the Earl of
Northumberland say, when the ordinance for the King's trial
was before the Lords, that the greatest part of the people of
England were not yet satisfied whether the King levied war
first against the Houses, or the Houses against him. The fact,
in my opinion, wras entirely otherwise. It is quite another
question, whether the Parliament were justified in their resist-
ance to the King's legal authority. . . . The aggressor in a
war is not the first who uses force, but the first who renders
force necessary." In speaking of the trial Mr. Hallam conti-
nues thus : — " It was, as we all know, the act of a bold but
very small minority, who, having forcibly expelled their col-
leagues from Parliament, had usurped, under the protection of
a military force, that power which all England reckoned illegal.
I cannot perceive what there was in the imagined solemnity of this
proceeding, in that insolent mockery of the forms of justice, ac-
companied by all unfairness and inhumanity in its circumstances,
which can alleviate the guilt of the transaction ; and if it be
alleged that many of the regicides were firmly persuaded in
their consciences of the right and duty of condemning the King,
we may surely remember that private murderers have often had
the same apology." — Const. Hist., vol. ii. pp. 306 — 310.

" The murder of Charles unites a variety of circumstances,
clearly denoting that the disturbances, of which it was a part,
could not be followed by good consequences. Little did the
early assertors of parliamentary prerogative foresee that, in
thirty years, the monarch would be stripped, not only of all that
was guaranteed to him by the very constitution which they were
defending, but even of life ; and that the return to former prin-
ciples would pass through such disastrous trials as those which

APP. HH. APPENDIX. 251

were preparing for it. However free this revolution was from
the trammels which Catholic bigotry opposes to the progress
of liberty, it was unfortunately impelled beyond its orbit by
another species of fanaticism, without which the reformers
would probably have stopped when they had attained the just
degree of freedom suited to the nation. But experience was
yet to be bought." — Chenevix on National Character, vol. i.
p. 329.

" No tribunal in the nation could try King Charles : but
none could be less competent than the Parliament, after it had
been reduced by what is called Pride's purge. It then was but
a mutilated representative of the nation, — a body which, even
in its full vigour, had never been intrusted with the right of
condemning the sovereign, and to whom its constituents had
not at any time confided the sword of Justice. It never had
been commissioned to assume all the functions of the state, even
when it contained the strength and wisdom of all its members.
No act of reason could now be expected from it ; and the sub-
mission of the nation was a melancholy proof of depravity.
The lamentations of the people — their sorrow at the death of
the Kins; — cannot efface the blame which is attached to the

toleration of injustice ; and the crime of regicide is shared, only
in different degrees, by those who committed, and by those who
did not prevent the deed." — Idem., vol. i. p. 323.

The execution of Charles I. was certainly not approved by
Lord Fairfax, as appears by the following passage : — " The
most tragical and deplorable part of the civil war, the death of
the King, he utterly from his soul abhorred and lamented to
his dying day, and never mentioned it but with tears in his
eyes." — Epistle Dedicatory, by Brian Fairfax, to the Short
Memorial of Thomas Lord Fairfax. Dated April 22, 1699.

252 LIFE OF LORD CAPELL. AIT. 1 1.

(II.)

From the Lord Capell to Oliver Cromwell.
SIR,

The conjectures of men are strangely various (yea, of
the same persons) concerning the safety or danger of the King,
my master. Sometimes their hopes, other times their fears,
prevail most. I should be much ashamed if I were the least
guilty of so universal an inquietude, in so justifiable an occasion,
and arising from so good a ground, as a kindness and reverence
they owe to their lawful Prince. I frankly give you leave to
think (nor do I value the inconvenience it could draw along
with it) that there is not that honest expedient in the world to
serve him by, that I would not hazard myself in to imploy for
him ; nor do I know what earthly felicity it is could be so
welcome to me as to advance a step beyond any other in my
duty toward him. But my present condition refuseth me the
ability of any thing else but that of invocating the favour of
God for him ; and making my addresses to you, whom I take
to be the figure that gives the denomination to the sequence of
a great many cyphers that follow \ou ; and therefore I do
the rather believe that a person that signifies so much will the
better apprehend what weight and signification reason and
religion have in all humane and Christian actions ; and that
those at last will make a conquest upon all those that act with-
out their commission.

I can hardly perswTade myself into (I think) the too common
opinion, that the extraordinary success and felicity that hath
constantly followed your attempts (who, as the saying is, seem
to have hired Fortune to serve you at day wages) hath dazzled
that light of understanding that formerly was usual to you.
You cannot forget the advantages on the House's part, and the
infirmities and wants on the King's part, at the beginning of
the war ; and that the complication of many favourable acci-
dents on the part of your affairs will challenge a share in the

App.II. APPENDIX. 253

success ; yet is there a large room, too, left for your merit in
martial conduct ; and you have cause enough to value yourself
upon a better foundation than the event of battels and successes in
war. Proverbial wisdom is not the worse because earliest learnt.
It seldom happens that the same man is happy and wise toge-
ther. And if that lesson also be good, that affliction makes men
understand, it is the academy in which I have been strictly dis-
ciplined for seven years ; so that I must either be an egregious
dunce, or no ill counsellor for you ; there being a person scarce
to be found that lyeth under so dangerous a temptation of seem-
ing prosperity, and therefore fittest to be advised and counselled
to sobriety and wisdom. Of this I do assure you, I do so little
repine at your prosperity, and easie opportunities of fixing your-
self securely in it, that if you do as much justifie your love to
the tranquillity of the nation by a discreet uniting the King and
his people, as you have been instrumental in their long sepa-
ration ; I shall prize your prudence, courage, industry, and
sobriety, at as high an estimate as the sufficientest wit can de-
liver it in language. I doubt not but that both of us are easily
agreed in this point, that success legitimates not a quarrel, nor
the power which supports it, neither are the instruments of the
calamity of a nation thereby justified. We cannot but remem-
ber and observe, that it is no more than the filthiest and imper-
fectest creatures have heretofore effected, which have driven
people out of their countreys, made desert islands extremely
fertile. Have not frogs and locusts desolated empires? and
other vermine ruined great cities and large territories ? By
these means God magnifies his own power and justice : the
instruments remain but what they were, their nature and
quality not changed. But in the acts of God's grace and favour
to those who have been instrumental in defective practices
there is a mutation of qualities : an ejection of those visions,
and an infusion of contrary graces, and those affects and appe-
tites which are necessary and unnatural, but misguided, are by
his goodness guided to good ends. And thus was Saul, from a

254 LIFE OF LORD CAPELL. APP. II.

furious persecutor, transformed to a zealous professor ; from a
destroyer of the Church to a master-builder up of it. No
doubt but God in both had his ends by and upon St. Paul ;
and from my soul I wish it, that your case may have a simili-
tude with his ; that of him in the spiritual affair (which was the
function to which he was separated) you may be a resemblance
in the temporal ; and from a destroyer (by God's goodness)
rendered a restorer. This in passage to those other considera-
tions I intended to you. That which weighs most and lyeth
heaviest upon men's hearts, is the fear of the King's person ;
that the whole kingdom may lye under the imputation of the
guilt of violence offered to it ; and that a mutation of the form
of government shall succeed it. If this be the end aimed at,
then my present endeavour is to demonstrate to you how
humanly impossible it is to attain unto it. First, there is no
example (the necessary circumstances observed) that encou-
rageth such an endeavour. For examine all the stories of all
states, and you will not find so much as one instance (I pray
observe how I propose it) that ever any people within the fifth
degree (I might double the proportion), as we of England are,
or in the same degree so spacious a territory, were ever trans-
formed from a monarchy to an aristocracy or democracy. Some
cities and petty principalities have sometimes suffered a change
to those formes ; and from thence have arrived (yet not with-
out desperate intestine seditions and factions) to a great puis-
sance. The people growing up and increasing with the widening
of the state, the governing by multitudinous councils, through
constant habit and practice, hath not alwaies ill succeeded.
But to attempt to introduce such a form (which is so vitreous and
brittle, and so easily carryed into distemper, tumult, and mul-
titude, being scarce separable) upon such a huge mass of people
as we of this nation are, and altogether unexpect and undesir-
ing of it, the matter itself in reason will be found manifestly
repugnant to and not susceptible of such forms ; nor is there a
pattern to be found to give any light of direction for the ma-

Arr. 1 1. APPENDIX. 255

naging of such a design. Reasons may be seduced from the
accidents happening this Parliament, which, well weighed and
pondered, will afford matter more than enough to clear this
question. Something like an example may he produced (though
rarely too) that large monarchies have been cantonized. But
that (I think) few have any jealousy that this is intended.

The next considerable is, that the change from the ancient
and long-established rule of governing will demolish all the
received rules of property : and if that inconvenience be with
difficulty provided for, yet the people will not expect other but
that with new lords they must have new laws : and more than
probable it is that the people will be shaken into such an appre-
hension of it, that they may fall upon the heads of the enter-
prisers. We frequently see that people are hardly reclaimed
from customs barbarous and unreasonable ; how much less can
our best nation (the best civilized the world hath known) be
withdrawn from the love of laws so prudently constituted, and
under which they have so long continued, that the very desires
of the people are assimilated into the nature of their laws.
The people and the laws will always be alike. Are their laws
monarchical ? So will be the affections of the people. Custom
is a second nature, and in many things goes beyond it. Upon
what principle, upon what authority, must such a proceeding be
founded ? It can be no other, but that the people have the
right and power to dispose an established government, erect a
new form, arraign the supream magistrate, and execute him.
Herein is history silent ; and it will not only be disclaimed by
all those you call Cavaliers and Presbyterians, but also a con-
siderable number of Independents : the remainder then will
amount to a slender body of people. So that, whereas the pre-
tence is, that the sense of the people is acted, nothing will prove
to be a grosser mistake. But this embroilment in the state,
especially upon this principle, will make all kings parties to the
quarrel : yea, all states that administer aristocratically will be
thoroughly engaged to defend their right of ruling. So that

256 LIFE OF LORD CAPELL. APP. 1 1.

there is little question, but that the greatest calamity that can
befal a nation will inevitably be drawn upon us, that is a
forrain invasion ; and trade (which nature seems to have de-
signed our nation most properly for) will be embarred by all
kings and those states. Nor can it be expected that permission
will be given to those of our nation to traffick, who derive them-
selves from a state, from whence they shall bring the contagion
of so destructive a maxim to those rules of governing where
they expect commerce. Yea, even popular states will abhor so
prodigious a principle and proceeding : they having been urged
by necessity to use a supreme magistrate, though for time
limited, yet exempt from question and tryal, whereof the ancient

state of Rome gives us frequent examples. No man, sure, is
so mad as to search our chronicles for a precedent of this nature.
The consideration of Scotland will have a large share in this
affair ; for the regal rule can receive no diminution, much less
alteration here, but that it must make a notable impression on
that state ; and can have no other event but a disunion of the
nations, the union of which hath ever been so much considered,
and vehemently desired, by all our prudentest princes, and by
the most fortunate martialists of them (with so much fruitless
loss of blood) often attempted, yet afterwards by God's pro-
vidence so happily effected, and in a most peaceable manner, to
the universal contentment of all sorts in both nations. 'Tis not
possible there can be an union of nations where there is a dissi-
militude in the nature and form of gevernment ; for they will
perpetually strive one with another. Nor can a violence on
the person of the King but prepare a way to let Scotland into
a quarrel undeniably just, and unavoidably necessary, for the
loss of their liege lord and lawful Sovereign, and unconsulted
with. To this consideration of Scotland, I'll join that of Ireland.
'Tis apparent that the army will have more than their hands
full (if Scotland) slept with the vexations and difficulties that
will arise here at home. For of the Commons' House (which you
call) the representative of the people, an eighth part remains

APP. II. APPENDIX. 257

not, with any countenance, for the army ; nor those neither
doth the awe of the army retain united to one sense. Take
also into the reckoning those who have been expelled the House
for adhering to the King in this war, which at least will be four
or five parts more ; the reclaiming part of the Lords have dis-
claimed to have any share in such proceeding. So that by this
index of the nation you may see the spirit of the whole body of
it, the nobility, gentry, all persons of distinction, and all of any
competent subsistence : and I am perswaded (besides the un-
successful tryal that hath been made of some persons practised
and learned in the laws), even those of your late selected jury,
or judges for the King's tryal, will fail the promoters of it.
Indeed all things refuse them ; and doubtless so will you too :
when calmly and recollectedly you have cast your eye upon
so horrible a spectacle, you cannot let it long rest there.
We then thus turmoiled and disquieted, Ireland will be left
to itself, or, rather worse, a prey to a forraign nation — a large
kingdom, the fertilest soil of the northern parts of Europe, happy
beyond England for number and conveniency of ports and
havens ; so that inevitably with it the destruction of the empire
of this nation over the seas, and the cessation of trade, must
ensue, and after it unspeakable misery and poverty to our
nation, and eternal infamy to the causers of it.

Very considerable also is the fashion and shape of the pro-
ceeding which (they say) is intended against his Majesty ; so
ugly, monstrous, and deformed, that, when it appears upon the
stage to act, the horror of it will irritate the whole nation to
revenge. What ? (for it is not otherwise apprehended) that a
council of war of that army, that profess to act under and by
the authority of the two Houses, should impose rules to judge
by, and judges for those rules too, upon those whom they have
professed to be their legislators ;' and that for the tryal (by
their own acknowledgment) of the dignifiedst person of the
kingdom ; therefore not more than any other submittable to an
arbitrary power and extrajudicial proceeding. Who is it that

VOL. II. S

258 LIFE OF LORD CAPELL. APP. II.

after this can expect security of life, or quiet possession of any
thing he hath ? It is said (but who almost can believe it ?)
that a title is derived from revelation and inspiration : if it
were but talk, it were but ridiculous, and would be thought so
simple, that it would not be condemned as guilty of malice :
but to act under such a notion were a plain confession that all
other titles are insufficient. Nay, if it be but mingled with any
other pretensions, the pestilent quality of it , would poyson all
the rest : and, believe it, the dropping of such expressions, by
the unsobrest of those that call themselves of your party, hath
incredibly discredited those who are indeed well advised.
Away with it, then, as that which will bring the certainest and
suddenest destruction, — as that which will enrage the whole
nation to a furious vindication of themselves from being con-
sidered as such a silly generation of people that should be
cousened out of their good, known, and established laws, and,
in the place of them, suffer themselves to be imposed upon by
imaginations and dreams, which every morning must be de-
clared to the foregoing night's legislative power. The people
do already take themselves to be scornfully marked, that they
must be stigmatized with the defamation of so impious an act,
as a violence offered to the life of their sacred and anointed
king ; and that the act of so slight a part of their trustees must
redound to their shame, who, shunning the light of established
rales, which would have guided them (the paths they expected
they should have walked in), do in this so palpably wander from
their trust, and the sense of those who trusted them ; and that
so inconsiderable a part of them should set up a figment of
fancy to be idolized. Consider the Commons' House (if yet it
may be so called) allow : (which cannot be refused) the knights
to be the representatives of the shires, which truly is the main
of the people, you shall not find knights for the tenth county in
England — I am perswaded, not a far smaller proportion. Is it,
then, possible that men shall believe against sense and evident
demonstration that the people incline to you : nay, that they

Apr. 1 1. APPENDIX. 259

are not diametrically opposite and bent against you ? We read
that God, as an expression of his gracious favour to his Church,
hath promised that kings and queens shall he nursing fathers
and mothers of his Church ; but that his Church should set up
ew formes or any forms of tryal, to execute their own kings
and queens, is monstrous and unknown to religion, is less than
an idle dream, 'tis the fiction of a dream, and so it will be
esteemed not deducible out of the Sacred Scriptures, defamatory
to the Christian profession, and the nearest way to introduce
Paganism or Mahumetanism, their Prophet practising such
delusions. So that hereby, as Christians, is all Europe en-
gaged,— as Protestants, all of our belief, either in this or other
nations. The last consideration that impedes the mutation of
the government is the person of the king ; which we find doth
unavoidably mix it self with all the former considerations ; so
that the discourse of the one will not be without the aid of the
other. Yet this following hath somewhat more in it. "Tis
this king, such a king, so conspicuously virtuous and sufficient ;
therefore it must be acknowledged that he hath a right appre-
hension and clear vision of the true interest of kingship, which is
the peace and prosperity of his people ; a prince of undaunted
resolution and clear courage, therefore not vindicative, and far
above base revengers. Example me in any one person of any
vindication or disrespect that the king can be charged with.

I'll give you many instances of his placability and readiness to
be reconciled (let me in a short parenthesis give you this adver-
tisement : Revenge is to be doubted from the people, not from
the king ; he alone must be, can be your security; upon such
a prince you may rely ;) — a prince of exemplary devotion and
sobriety, therefore dear to all persons so qualified. 'Tis this
king, during whose happy dayes, (no less than seventeen years,)
in which he quietly possest and ruled the scepter, such an
inward tranquillity was joyn'd to such a security from without,
and both accompanied with such an opulency, that no period of
like time, with the like felicity, have the former ages delivered

s 2

2GO LIFE OF LOKP CAPELL. Arr. IT.

over to us. And it is no impertinent question to ask whether
ever any other nation ever enjoyed the like. I am perswaded
(and that upon no ill grounds of conjecture), were it in the
power of the nation to elect out of the catalogue of all their
kings the spirit of which of them they would have rest upon
this — if they wished him the fortune of Henry the 5th, yet they
would not refuse his own virtues for the most signal of any of
the former : so notable an impression doth the memory of the
peaceable part of his reign make upon the affections of his
people, and such an borrow and aversion hath the disquiet
thereof wrought in them to any other form of rule, that they
look upon their tormentors as salamanders, that only live and
are cherished by the flames that have scorched them. Is it not
now high time, then, to stop and make a halt ? Is there not
enough done to satiate the vanity and quench the thirst after
military renown, when you have vanquished your compatriots
and fellow-citizens, and under such a prince? Look upon the
brink of what a dreadful precipice you are ; and let this last,
and those other considerations, be seriously revolv'd by you.
To which being added those weights which your own judgment
can cast into the scale, undoubtedly you will see that there is a
wide distance between making a conquest over a people (of
which their own differences will lay claim to the greatest
share), and governing them contrary to their own appetites by
so small a part of themselves ; and that means are easilier
found and readier at hand to desolate and disorder states, than
such as shall compose and rule them, various to long ingrafted
customs and their own inclinations. In visa imperia nunquam
retinentur diu. Hated rule is never long lived. Methinkes you
cannot well avoid the observation that the most perspicacious
and sagacious persons of your party, who, with a wonderful
stedfastness and undismayedness, kept company with you in
your counsels and affairs, and in the greatest hazards (for you
have not alwaies been without such), do herein, and in this
action, and in this highest time of your power and prosperity,

APP. 1 1. APPENDIX. 26 1

not only make a stop, but avowedly withdraw themselves and
declare against it, no doubt but very evidently foreseeing the
fatality of such an enormous and unparalell'd attempt. But
the imagination that some have, that this design will be carryed
on by dispatching the King out of the way, excluding the
Prince and Duke of York (both now out of the realm), and
setting up the Duke of Gloucester, until the people are better
seasoned by this new fashion of government, is such a mockery
that it cannot be believed but the most purblind understanding
will see all the shapes of the design, when it stands but behind
so slender a thread. This will not do the feat, nor will the
people of this age be so deluded : wherein there are but too
many (for the publick peace) that understand arts and policies
of state, or, at least, would have it so thought. Upon the
prospect of these foregoing considerations (and there want not
others important) draw a short state of the whole affair ;
and it will be thus, or little otherwise. At the present, you of
the army stand high, but naked, unloved ; the bulk of the people
that assists you, small ; they are, to speak of, all in one cluster,
the army, and that not all ripe for such designs ; through the
kingdom they are so thinly disseminated, that the appearance
of them by the eye is scarcely discernable ; and lastly, to deal
frankly with you, (because their temper in your affair will
make a notable impression,) for the greater number, a verti-
ginous and giddy generation, that will never suffer quiet to
themselves, you, nor others. The opposites to these are the
most prudent constituted form of rules the world hath known ;
a vast number of people wedded to it, the matter therefore
irreconcileable, no example friendly to you, all potentates made
parties against you ; the certain disunion of Scotland with
England ; the damage and infamy for the loss of Ireland ; the
defamation of Christian religion, more especially of the Pro-
testant professors ; and lastly, the person of a most excellent
prince, loved, reverenced, and desired by the generality of his
people. Besides all these, and others that are obvious to the

262 LIFE OF LORD CArELL. Arp. II.

commonest understandings, trust me, no mortal man can have
a prevision of the future vexations which such a regicide, such a
parricide will bring to the persons, affairs, and designments of
the army ; if a prognostick may be made by the rules of reason,
by the constant course of human actions, by the conjunction of
the present affairs of this kingdom. It is the certain expectation
of all sober men, that Jacob followed not Esau closer by the
heel, than the armies destruction will that of such an inhuman
act of violence upon the sacred person of the King. What?
then, in the name of God, is it that hinders you, answerable to
reason, suitable to duty, and agreeable to piety, from making
haste to joyn your self to the law, and to agnize that prince,
whom the law and ordinance of God have set over you? Obey,
then, the municipal law, under which you were born, that hath
nourished and cherished you ; restore it, promote it all you
can ; reverence that prince into whose custody God hath com-
mitted both the laws and yourself, who, I doubt not, will
find it most convenient to imploy yourself and the sobrest of your
party, in the eminentest administrations under Him : and
verily I wish it. Nor do I think it in any degree reprehensible
for you, or any other, to observe the physician's rule, Accipe
dum dolet : take this opportunity of the present anguish of the
King and kingdom ; restore it to its former habit of quiet and
peace. There is none that will grudge you such sober com-
modity as may arrive to you by it. But with such manner of
discourses I will not detain you, lest I should thereby mis-lead
you into a false opinion of me. My principles, according to
the temper of these times, are very remote from self-safety, or
to imploy ungenerous flatteries for it. Know this assuredly,
that I firmly believe that an established magistracy is God's
immediate minister nor can it be deposed by those that owe
obedience and subjection to it, without the highest guilt of
impiety ; and that this is a verity so plainly held forth to us by
the Sacred Scriptures (as an ordinance imployed by God for
the manifestation of his power and goodness in the conservation

AFP. II. APPENDIX. 263

of human communion and society), that the conscientious
sufferers for it may expect a crown of martyrdom by it. That
this government is a monarchy, and his Majesty the right and
lawful King, hath not a colourable objection to gain-say it.
Read the act of recognition, 1 Jac., calmly done by the whole
Parliament, and unanimously pursued by the whole nation, at
a season and opportunity that might have encouraged pretences,
if any could have been found. How happens it that the lawful-
ness of royal rule is questioned ? Search the Scriptures. God
it is that owns their charter : He it is that gave it them.
" Per me reges regnant," Prov. viii. 15, not " Per nos." 'Tis no
plurality they hold by. Where Solomon speaks in the person
of Eternal Wisdom ; thereby to advertise us of (no doubt)
greater reverence and circumspection. God himself appoints
Moses the first prince of the politick state of the Jews ; after
him Joshua, &c. Is it the title and hereditary succession of
kings you look for ? See, then, God himself chuseth Saul ;
afterwards guides the lot ; lastly, follows the publication and
acknowledgment of the people. Afterward, God rejects that
dynasty, and by special command fixeth David ; whom, by
like appointment, Solomon succeeds ; and from him continued
that family in the rule, in the eldest son of that family. Yet
is the person so sacred, so delicate, that no violent hand must
come near to approach it. Wherein are the Scriptures more
plain and express than in this particular, Touch not mine
anointed ? David, before he was a king, and persecuted by a
king, "Who can" (saith he) "stretch forth his hand against
the Lord's anointed, and be guiltless ?" 1 Sam. xxiv. 5, 6.
Multitude of texts there are, that both justifie the dignity and
enjoyn reverence to the person. And conformably it hath been
the avowed doctrine and practise of the Church in all ages,
even under heathen princes. 'Tis an argument too copious for
a paper to contain the reasons and instances for it; rather,
indeed, is it too manifest to be disputed. Hath not God
coupled the fear due to Himself with the duty of reverence

264 LIFE OF LOUD CAPELL. Apr. 1 1.

toward the king ? Prov. xxiv. 21, 22. ' My son, fear thou the
Lord and the king (in conjunction) ; meddle not with them
that are given to change.' Mix not with such machinators ;
for a like end shall be to the offenders against both, —
destruction.

Sir, my conclusion shall be very plain, because you may
thereby be the better assured of my sincerity in all the rest.
The antient constitutions and present laws of this kingdom are
my inheritance and birthright : if any shall think to impose
upon me that which is worse than death, which is the profane
and dastardly parting from these laws, I will chuse the less
evil, which is death. I have also a right in kingship, the pro-
tector of those laws : this is also, by a necessity and conjunction
with that other, dearer to me than life. And lastly, in this
king is my present right, and also obligations of inestimable
favours received from him. I would to God my life could be
a sacrifice to preserve his. Could you make it an expedient
to serve that end, truly I would pay you more thanks for it
than you will allow yourself for all your other merits from
those you have most obliged, and dye

Your most affectionate friend.

Post script. Sir, — I add this post-script. When with the most
unheard of and highest violation of all laws, human and divine,
of morality and sanctity, both upon the person of the king and
municipal laws of the kingdom, so execrable an act is per-
petrated, let the profit of it to the actors be summed up, it
amounts to nothing more than this, that a king is escaped out
of their present possession; but the succeeding king, obliged
by all the tyes of religion, nature, duty, and honour;
encouraged with all the irritations of this nation, Scotland, and
Ireland ; fortified by the interests of all Christian princes and
states, to animate and aid him for his revenge upon the actors.
I am not guilty of so implacable and inveterate malice as to
wish that the contrivers of this villany might pursue a counsel

APP. JJ. APPENDIX. 265

that shall draw such sharp revenges and infallible destruction
upon themselves. But truly I think that those who have been
or are their veriest friends, and who have any light of under-
standing or motions of conscience, will never forgive them so
outragious a folly, madness, and wickedness. I must confess
the present proceedings torment me with terrible apprehensions.
But truly, I cannot make myself believe, that God will permit
the devil to draw Christian Protestant professors unto the
consummation of so detestable and impious a fact. God of
his infinite mercy prevent it !

Enclosed in a letter thus : —

Sir, — This short letter hath no other errand but to excuse
that longer, which is inclosed. I pray read it over, though it
comes from a person that is not proper to apply himself to
you, and using an instrument (a pen) not suitable to my
genius. But believe it, 'tis the extremity of this present
occasion extorts it from me. God guide you, and recal you, if
you are engaged in this horrid proceeding.

I rest, Sir, your humble servant.
Tower, Jan. 15, 1648.

( JJ. )

S. P. O. Council of State, Order j
Book, vol. ii., p. 226. /

Die Martis, 6 Novemfc. 1649.

Lo. Pres*. Bradshaw. Lo. Grey. E. of Pembroke.

Mr Bond. Mr Purefoy. Sir John Davers.

Sr William Armyne. Mr Scott. Sir Wm Constable.

Mr Holland. Mr Stapeley. Sir James Harrington.

(15.) That Twenty pound be payed unto the Waterman who
discovered the Lord Capell, and that he be recommended
unto the Committee of the Admiralty for some employment.

266

LIFE OF LORD CAPELL.

APP. K K.

( K K. )

A List of the Names of the Judges of the High Court of Jus-
tice, for the Tryal of James E. of Cambridge, Henry Earl of
Holland, George Lord Goring, Arthur Lord Capel and Sir
John Owen,

Appointed by an Act of the Commons of England,
in Parliament assembled.

John Bradshaw, serg^at-law.

Rich. Keable, serg'-at-law.

Jo. Pulliston, serg'-at-law.

Matthew Shepheard.

Will. Underwood.

Jo. Hayes.

Geo. Langham.

Geo. Manley.

Jo. Langley.

Sam. Moys.

Morris Tompson.

Richd. Shute.

Mark Hildersley.

Thomas Allen.

Daniel Taylor.

Edmund Warring.

Nathanael Lacey.

Jo. Stone.

Cornelius Cook.

William Wybeard.

Jo. Blackwell, Esq.

James Prince.

Nathanael Whittam.

Silvanus Taylor.

Thomas Ayres.

Edward Cresset.

William Penoyre, Esq.

Sir Edw. Backham, barrester.

Ralph Harrison.

Maximillian Beard.

Sir William Roe.

Fras. Hacker, Esq.

Jo. Whitby.

John Harrison.

Richard Downes Sparrow.

William Webb.

Thomas Cook.

Robt. Fitchbourn.

George Cooper.

Owen Roe.

Thomas Pride.

Jo. Huson.

Thomas Sanders, Esq.

Thomas Fitchbourn, Esq.

Thomas Andrews, alderman.

William Spence.

Nicholas Martin.

Josias Barnas Hardwick.

Robert Horwood.

Stevin Estwick.

Thomas NowelL

Thomas Arnold.

APP. LL. APPENDIX. 267

Thomas Browne, Esq. William Parker.

Thomas Ayre. Solomon Smith Hubberd, Esq.

William Barlet, Esq. Sir Rich. Saitingstall, Esq., Kt.

Sir Jo. Through good, Kt. Sampson Sheffeild, Esq.
Vincent Potter.

( LL. )

Extract from ' Short Memorials of Thomas Lord Fairfax,
written by himself.'' 8vo., 1699, p. 121.

" It is fit for me in this place to say something, for my own
vindication, about my Lord Capel, Sir Charles Lucas, and Sir
George Lisle, who were prisoners at mercy upon the rendring
of Colchester, seeing some have questioned the just perform-
ance of those articles. I laid seige to the town and made
several assaults, but, finding their forces within much more
numerous than those I had without, I was forced to take
another course in blocking them up, and, by cutting off all
supplies, to bring them to a surrender, which, after four months
close seige, they were compelled to, and that upon mercy, being
in number three or four thousand men ; and delivering upon
mercy is to be understood that some are to suffer, the rest to
go free. Immediately after our entrance into the town, a
council of war was called, and those fore-named persons were
sentenced to die, the rest to be acquitted. This being so re-
solved, I thought fit, notwithstanding, to transmit the Lord
Capel, the Lord Norwich, £c., over to the Parliament, being
the civil judicature of the kingdom, consisting then both of
Lords and Commons, and so most proper judges in their case,
who were considerable for estates and families ; but Sir Charles
Lucas and Sir George Lisle, being mere soldiers of fortune, and
falling into our hands by chance of war, were executed ; and
in this I did nothing but according to my commission and the
trust reposed in me. But it may be objected I went into the

268 LIFE OF LORD CAPELL. AFP. MM, NN.

Court during the trial ; to which I answer, it was at the ear-
nest request of my Lord Capel's friends, who desired me to
explain there what was meant hy surrendering to mercy.
Otherwise I had not gone, being always unsatisfied with these
courts. For this I need say no more, seeing I may as well be
questioned for the articles of Bristol, Oxford, Exeter, or any
other action in the war, as this."

(MM.)

The Council of State wras to consist of 38 persons, viz. Earl of
Denbigh, Mulgrave, Pembroke, Salisbury ; Lord Grey, Fair-
fax, General Grey of Groby, Lord L'Isle, Holies, St. John,
Wilde, Bradshaw, Cromwell, Skippon, Pickering, Massam,
Haselrigg, Harrington, Vane jun., Danvers, Armini, Mildmay,
Constable, Pennington, Wilson, Whitelock, Martin, Ludlow,
Stapeley, Heveringham, Wallop, Hutchinson, Bond, Al. Pop-
ham, Valentine, Walton, Scot, Purefoy, Jones.

Their powers were —

1. To command and settle the militia of England and Ireland.

2. To set forth such a navy as they should think fit.

3. To appoint magazines and stores, and to dispose them, &c.

4. To sit and execute the powers given them for a year.

, p. 376.

( N N. )

Resolved, — That Sir Henry Mildmay and Mr. Gordon be
sent from this House down to the General, to take notice of his
great service to the Parliament and kingdom in this siege, and
regaining into the hands of the Parliament the town of Col-
chester, and of his careful and prudent managing of that busi-
ness, to the least damage of the town and country that might
be, and to render him the thanks of this House, and by him to
his officers and soldiers.

APP. 00. APPENDIX. 269

Ordered, — That letters of thanks be prepared and sent to
the gentlemen of Essex and Suffolke, for their ready assistance
and great patience, freely bestowed towards the reducing of
Colchester. — Commons' Journals, vol. v. p. 695.

(00.)

An Epitaph upon James Duke of Hamilton.

He that three kingdoms made one flame,

Blasted their beauty, burn't the frame,

Himself now here in ashes lies,

A part of this great sacrifice :

Here all of HAMILTON remains,

Save what the other world contains.

But (reader) it is hard to tell

Whether that world be Heav'n or Hell.

A Scotchman enters hell at 's birth,

And 'scapes it when he goes to earth,

Assur'd no worse a hell can come

Than that which he injoy'd at home.

How did the Royall Workman botch

This Duke, halfe-English and halfe-Scotch !

A Scot an English earldom fits

As purple doth your marmuzets —
Suits like Nol Cromwell with the crown,
Or Bradshaw in his scarlet-gown.
Yet might he, thus disguis'd (no lesse),
Have slip't to heav'n in 's English dresse,
But that he, in hope of life, became
This mystick Proteus, too, as well
Might cheat the devill, 'scape his hell,
Since, to those pranks he pleas'd to play,
Religion ever pav'd the way,

270 LIFE OF LORD CAPELL. APP. PP.

Which he did to a faction tie,
Not to reforme but crucifie.
'Twas he that first alarm'd the kirke
To this prepost'rous bloody worke —
Upon the King's to place Christ's throne,
A step and foot-stoole to his own ;
Taught zeale a hundred tumbling tricks,
And Scriptures twin'd with politicks ;
The pulpit made a juglers-box,
Set law and gospell in the stocks ;

And Presbyters a way did find

Into the world, to plague mankind.

'Twas he patch't up the new divine,

Part Calvin and part Catiline ;

Could, too, transforme (without a spell)

Satan into a Gabriel ;

Just like those pictures, which we paint

On this side Fiend — on that side Saint.

(pp.)

Earl Bathurst to the Duke of Wellington.

7th July, 1815.

Although your Grace has stated distinctly that the conven-
tion entered into by you and Marshal Prince Bliicher on the
one hand and certain French authorities on the other, upon the
3rd instant, while it decided all the military questions, had
touched nothing political ; and although it cannot be imagined
that, in a convention negotiated with these authorities by Prince
Blucher and your Grace, you would enter into any engage-
ment whereby it should be presumed that his Most Christian
Majesty was absolutely precluded from the just exercise of his
authority in bringing to condign punishment such of his sub-

APP. QQ. APPENDIX. 271

jects as had, by their treasonable machinations and unprovoked
rebellion, forfeited all claim to his Majesty's clemency and for-
bearance ; yet, in order that no doubt should be entertained as
to the sense with which this article is considered by the Prince
Regent, in conveying his entire approbation of the convention,
I am commanded to state that his Royal Highness deems the
12th article of it to be binding only on the conduct of the
British and Prussian commanders and the commanders of such
of the allies as may become parties to the present convention
by their ratification of it.

The Duke of Wellington to Earl Bathurst.

Paris, 13th July, 1815.

I have had the honour of receiving your Lordship's letter,
marked separate, of the 7th inst., regarding the convention of
the 3rd.

The convention binds nobody, excepting the parties to it,
viz. the French army on one side, and the allied armies under
Marshal Prince Bliicher and myself on the other ; and the 12th
article cannot be considered, and never was intended, to bind
any other persons or authorities whatever, unless they should
become parties to the convention. — Dispatches of the Duke of
Wellington, vol. viii. p. 206.

( QQ. )

" 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 admirred.

" He wore a sad- coloured suit, his hat cocked up, and his

272 LIFE OF LORD CAPELL. APP. RR.

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 dyed a Protestant, accord-
ing to the religion profest in the Thirty-Nine Articles, the best
he knew of.

" That he was condemned for keeping the Fifth Command-
ment, written by God's own finger, which commanded to obey
magistrates ; and he died for obeying his King, the most reli-
gious 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
coffin'd up and carried away." — Whiteloctts Memorials, p. 379.

( RR. )

Premises settled upon Lady Capell for life, by Sir Arthur
Capell, grandfather to the Lord Capell, by conveyance, dated
the fifth day of November, in the 3rd year of King Charles,
1627:—

1. The manor of Rayne, otherwise called Rayne Hall, and
the advowson of the parish church of Rayne, in the county of
Essex, and the grounds there called Bocking Wood.

APP. RR. APPENDIX. 273

2. The scite and demesnes of the manor of Gooderston in the
county of Norfolk, with the mills, fouldcourse, and warren of
conies, to the said manor belonging.

3. The scite, demesnes, liberty of fouldcourse, and mills of
the manor of Icklingham Berners, in the county of Suffolk.

4. One annuity or rent-charge of 200/. per annum, out of
the manors of Little Hadham and Walkerne, in the county of
Hartford.

5. There was likewise settled upon her, by the said convey-
ance, the scite and demesnes of the manor of Burghe Margarett,
in the said county of Norfolk, with the marshes called Winckle
Marshes ; but she joining in the sale thereof, in lieu of the
same, by conveyance, dated the 24th of May, 11 Caroli, 1635,
the scite and demesnes of the manors of Great and Little
Fraimsham, in Norfolk, and the farm called Blakeend farm, in
Essex, were settled upon her for her life.

All these manors and lands following came to her by con-
veyance or descent, after the death of the said Sir Charles
Morison her father : —

1. The manor of Parkebury, alias Meryden, in the county
of Hertford, was settled by the said Sir Charles Morison, by
conveyance, dated 6th May, 6 Jacobi, to himself and the
Lady Mary his wife, for their lives, and after to the right
heirs of the said Sir Charles.

2. The rectory and parsonage impropriate of Watford, in
the said county of Hertford, and the advowson of the vicarage
there, were settled by the said Sir Charles, by indenture, dated
6th May, 6 Jacobi, upon himself and his said wife, for life,
and after to his right heirs.

3. The manor of Cayshoe, alias Cayshoebury Grove, with
the appurtenances Whippenden Grove and Cashobury Grove,
in the said county of Hertford, were settled by the said Sir
Charles, by conveyance, dated 20th October, 16 Jacobi, to
himself and his said wife for life, and after to his right heirs.

VOL. II. T

274 LIFE OF LORD CAPELL. APP. 11 1L

4. The manor of Greisly Bevall and Selston, in the county
of Nottingham, and a rent of 16/. per annum out of the town of
Darby, were settled by the said Sir Charles, by conveyance,
dated 5th Nov., 3° Caroli, upon himself for life, and after to
his daughter, Elizth. Moryson, for life, &c.

5. The scytc, circuit, and precinct of Whyte Friers, Lon-
don, with divers houses and wharfs thereto belonging ; the
third part of the manor of Bushy Tooleis farm and Levesden
wood, in the county of Hertford, were all settled by the said
Sir Charles, by conveyance, dated 13th Novr., 3 Caroli, upon
himself and his said wife for their lives, and after to Elizth.
Morison his daughter.

6. The park grounds called King's Langley Park, in the
county of Hertford, was found, by office, to descend and come
after the death of the said Sir Charles to Elizth. his daughter
and sole heir.

7. The house and scite of the late Abby of Wardon, in the
county of Bedford, with divers lands thereto belonging, being
a lease for divers years yet to come, was, by conveyance, dated
13th of Novr. — 3° Caroli — settled upon feoffees in trust, to the
use of him, the said Sir Charles, for life, then to the Lady
Mary his wife, for life, and after to Elizth. Moryson his
daughter, and the heirs of her body, during the whole term
therein then to come. By two offices, found after the death of
the said Sir Charles, 6° Caroli, the said Elizth. was found to
be his sole daughter and heir, and of the age of 17 years and
more at the time of his death, and all the said several convey-
ances and descents found in the said offices, except the inden-
ture of Tr of the lease of Wardon.1

1 Commons' Journals, vol. vi. pp. 203, 204.

APP. SS. APPENDIX. 275

( SS. )

S. P. 0. Composition Papers, )
1st Series, vol. xiii. p. 28. J

Petition of Arthur Lord Capell, 6 Feb., 1650-1.

To the Honorable the Commissioners for Compositions,
&Co The humble peticon of Arthur Lord Capell
SHEWETH,

That upon the marriage of the late Lord Capell your
Pet"8 father, by Indenture bearing date 5° Novemb. 1627, and
by fine thereupon, the manners of Little Hadham and Wai-
kerne, in com. Hertford, inter alia, were, by Sr Arthur Capell,
your Pet"3 greate grandfather, soe setled that the said late
Lord Capell had but a bare estate for life, with ye imediate
inheritance in your Petr and the heires males of his body, your
Petr being borne during the life time of the said Sr Arthur
Capell, his greate grandfather, and in whose life time the said
remainder in tayle was vested and settled in your Petr.

That the said mannors and lands were seized by the Trus-
tees named in the Ordinance bearing date 5° Junij. 1648, for
the raising of 50,000/. for the releife of Ireland, unto whome
the estate of the late Lord Capell was, amongst others, dis-
posed of towards that use by the said Ordinance.

That your Petr, conceiving himself prejudiced thereby, for his
releife therein did exhibitt his Peticon to the Hon. House of
Parl' ; that upon the said peticon it was, by order bearing date
25 July, 1649, referred to the said Trustees for Ireland to exr
amine the trueth of the Pef9 case, and to heare and determine
the same, and to doe justice therein, as by annexed appeare.

That in pursuance of that Order the said Trustees, takeing
your Petrs case into consideracon, and upon perusall of your
PetrS evidence, by their Order of the third of August, 1649,
discharged theire agents from any further intermedling with
the said estate, and left your Petr to receive ye rents accrued
and growne due since the death of his said father.

That your Honors Comr3 in the county of Hartford, not

T 2

276 LIFE OF LORD CAPELL. APP. SS.

takeing notice of your Petrs estate therein, nor of the said order
of discharge, have lately seised the said raannors and secured
the rents of the same as the estate of your Petrs father.

Your Peticoner humbly praieth that the said seisure
may bee discharged, & that he may receive the
benefitt of all the said manners and lands soe
settled, according to the said conveyance, reffer-
rence, & order above menconed.
And your Peticoner shall pray, &c.

ARTHUR CAPELL.

A Perticular of ye Estate of Arthur, now Lord Capell,
settled upon him by his greate grandfather, wherein ye late
Lord Capell, his father, had but a bare estate for life, wth the
immediate inheritance in ye now Lord Capell and ye heires
males of his body, &c., and thereupon, by vertue of an Order
of Parliament directed to ye Trustees for Ireland, discharged
ye sequestracon of and from ye manners, &c., hereunder men-
coned : —

HERTFORD.

The Manno* and Lo™ of Little Hadham, with ye rights,
members, and appurtenances thereof, in ye county of Hartford,
lyeing in ye parishes of Little Hadham, Albury, Starford, and
Farnham.

The Mannor and Lopp of Walkern, with ye rights, members,
and appurtenances thereof, and ye advowson of ye parish church
of Thatchworth ; ats Datchworth, lyeing in ye parishes of Wai-
kerne, Bennington, Greate Munden, Little Munden, Yardley,
and Thatchworth ; ats Datchworth, in ye said county of Hert-
ford.

ESSEX.

The Manno1" of Stebbing and Porters Hall, wth the rights,

O 7 O

members, and appurtenances thereof, in Stebbing, in ye county
of Essex.

APP. SS. APPENDIX. 277

SOMERSETT.

The Mannor of Wrington, \vth yp rights, members, and ap-
purtenances thereof, and ye advowson of ye parish church of
Wrington, in ye county of Somersett.

ARTHLR CAPELL.

Indorsed 6° Feb. 1650.

The order of the Trustees for the Relief of Ireland, dated 3
Aug. 1649, referred to in the Petition, directs their agents
u to forbeare any further intermedling with the Manners and
Lordships of Little Hadham and Walkerne in the county of
Hertford, Stebbing and Porters Hall in the county of Essex,
and Wrington in the county of Somersett, with their members
and appurtenances, and the advowsons of the churches of
Thatchworth, ats Datchworth and Wrington, and all other
lands, tenements, &c., of Arthur, late Lord Capell, in Little
Hadham, Albury, Stortford, Farnham, Walkerne, Bennington,
Great Munden, Litle Munden, Yardley, Thatchworth, als
Datchworth, or elsewhere in the county of Hertford."

The following letter having been purchased by the
British Museum since the * Life of Lord Capell : and
its Appendix had passed through the press, it was not
in time to be inserted in what would appear to be its
more proper place. Though it is without date of year,
the events alluded to sufficiently mark the time at
which it must have been written. On the 3rd of April,
1643, Lord Capell first issued his proclamation as
Lieutenant-General for Shropshire and other counties
(above, vol. i. p. 270). Three days afterwards this letter
was probably addressed to Prince Kupert, and -announces
the intentions which Lord Clarendon thus describes as

278 LIFE OF LOUD CAPELL.

fulfilled. " Lord Capell quickly engaged those parts in
" a cheerful association, and raised a body of horse and
" foot that gave Sir William Bruerton so much trouble
{< at Nantwich, that the garrison at Chester had breath
" to enlarge its quarters and to provide for its own secu-
rity" (vol. i. p. 271).

Letter from Lord Capell to Prince Rupert.

May it please your highnes,

The probabylity of your coming into these parts wilbe a
very greate comfort to all that wish well to his Maiestyes
affayers ; and for my owne part, did not my owne apprehensions
make mee very confident that it would be very advantagious
for his Maiesty, and honerable for your highnes, I would not
presume to inuite your highnes soe much as to thinke of it, The
towne of Namptwich is not naturally stronge, and the defenses
but ordinary, and such as were suddenly made. Brewerton hath
lately receued loss of men and reputation att Warrington, and
I heare (though I doe not confidently beleue it, hee is retorned
to Namptwich) ;' when I heare the certaynty of it, I shall ime-
diatly acquant you with it. It is very confidently spoken here,
and of diuerse Cheshire gentilmen that I haue spoken with,
that all the wrealth of Cheshire is brought into that towne, both
of those that are of there owne party, and what they haue
plundered. The purchas of it wilbe a very good bargaine.
After it there is nothing to be done in Cheshire, and by it the
Lord of Derby party in Lancashire wilbe joyned to your army,
and such as I shall be able to attend you with, if I shall haue
the honor to receue your comands. Sr I beseech you giue mee
leaue to speake my owne apprehension of this busines (which I
shall humbly leaue to your wisdome to bee considred of), that,
if it please God to giue good success to the attempt of Nampt-
wich (of which in all humane reason there noe cause to doubt),

1 Sic.

APPENDIX. 2/9

Manchester wilbe noe difficulte matter to your hignes, the
forces that attend you and those that the Earle of Derbey will
bringe to you ; and after that, betweene Oxford and Scotland,
the King's affayers will haue litell impediment, and the con-
iuncture of all these forces wilbe enough to master all the
kingdome. I humbly begg your pardon, and rest to

Your highnes

A most humble seruant,

ARTHUR CAPELL.

6 Aprill. From Shvewsberry.

Amongst the many still unpublished letters in the
" Benett Collection," which has been edited and em-
bodied in Mr. Eliot Warburton's work ' Prince Rupert
and the Cavaliers,' there are seven other letters of Lord
Capell's mentioned in the " Index and Abstract of
Correspondence," most of which appear to relate to his
military movements during his command as Lieutenant-
General for Shropshire and other counties.

LIFE OF WILLIAM SEYMOUR,
MARQUIS OF HERTFORD,

AFTERWARDS

DUKE OF S O M E E S E T.

(I
It

Men in great place are thrice servants ; servants of the sovereign or
state, servants of fame, and servants of business ; so as they have no
" freedom, neither in their persons, nor in their actions, nor in their
" times."

LORD BACON, Essay on Great Place.

LIFE OF MARQUIS OF HERTFORD.

CHAPTER I.

Birth and parentage of William Seymour — He succeeds his grandfather
in the Earldom of Hertford — He is admitted at Magdalen College,
Oxford — He proposes marriage to Lady Arabella Stuart — The Privy
Council take cognizance of the matter — The King gives his consent —
They are secretly married — They are in consequence imprisoned —
They petition the King and the Council, without success — Letter
from Lady Arabella to her husband.

WILLIAM SEYMOUR, Marquis of Hertford, Viscount
Beauchamp, and afterwards Duke of Somerset, was
born in the month of September, 1588. He was the
second son of Edward Lord Beauchamp and of Honora.
daughter of Sir Richard Rogers, of Brianston. Dorset-
shire, and grandson of Edward Earl of Hertford,
Edward Earl of Hertford had fallen under the heavy
displeasure of Queen Elizabeth, on account of his
marriage with her own cousin, Lady Catherine Grey,
daughter of Henry Grey, Duke of Suffolk, and Frances,
daughter of Charles Brandon, Duke of Suffolk, and of
Mary, daughter of Henry VII.1 For this offence he

1 Henrv VII.

Mary, Q. of France, = Charles Brandon
and Dss. of Suffolk.

Duke of Suffolk.
Frances, Marchioness of = H. Grey, Marquis of

Dorset and Duchess of Suffolk.

Dorset and Duke of Suffolk.

Catherine Grey. = Edward Seymour,

Earl of Hertford.

284 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

had been fined 15,000/. in the Star Chamber, and
suffered nine years' imprisonment in the Tower.1 On
the 26th of January, 1567-8, Lady Catherine died,2
leaving two sons, Edward and Thomas. Some time
after her death terminated her husband's long confine-
ment, but in the existence of her children she be-
queathed a fresh source of jealousy from the Crown to
the house of Seymour.

The course pursued by Elizabeth had been arbitrary
and unjust in the extreme towards her cousin and Lord
Hertford ; yet, strange as it may seem, Lord Hertford,
forgetful of the sufferings he had himself endured from
such conduct, evinced in after years a spirit of similar
harshness towards both his son and his grandson, on
the occasion of their marriages.

Lord Beauchamp had privately married Honora,
daughter of Sir Richard Roger, Knight :3 whether Lord
Hertford regarded this match as inferior to his son's
pretensions, or, whether he feared to incur the Queen's
displeasure for his son having taken such a step, may
not now be easy to determine, but, unmindful of the
sacred obligations of marriage, he took measures to
separate him from his wife, and kept them apart. This
severity was perhaps not displeasing to the Queen and

1 He was fined 15,000?. for a triple crime — 5000?. for having seduced a
virgin of the blood-royal in the Queen's house, 5000?. for breaking his
prison, and 5000?. more for having again visited his wife. — Vide Ellis,
* Original Letters,' Second Series, vol. ii. p. 272.

2 Lord Hertford afterwards married Frances Howard, sister to the Lord
Admiral, Charles Earl of Nottingham, who died s. p. in 1598. His
third wife was Frances, daughter to Howard Viscount Bindon, widow of
Henry Franel, citizen of London. Died s. p.

8 Of Briaustone, in the county of Dor

CHAP. I. PARENTAGE OF W. SEYMOUR. 285

Council, whose anger Lord Beauchamp had also pro-
voked by having married without the royal consent.

Lord Beauchamp determined if possible to make his
peace with the Queen as well as with his father, and to
seek their forgiveness in person. For this purpose he
quitted the country, where he had been ordered to
remain, and proceeded as far as Heading, at which
place his father caused him to be seized by one of his
servants, and there detained.

Lord Beauchamp immediately addressed a sub-
missive letter to the Lord Treasurer, which is curious
as a picture of the despotic rule at that time exercised
not only by the Queen over her subjects, but by parents
over their children.

Lord Beauchamp s Letter to the Lord Treasurer.^

" My Lord,

" Having sought my Lord my father's good-will this
long while, hoping by my dutiful means I might have
obtained his favour, and finding his Lordship to deal harder,
to the end he might weary me, hoping thereby in time to
bring me not to care for my wife, whom I am bound in con-
science, as well by God, God and his law, to love as myself,
I was determined to come to your Lordship, whom I have
found my good Lord and honourable friend ; meaning so to
submit myself to her Majesty by your Honour's means, and
also to the rest of her Majesty's Council, hoping that first her
Majesty, whose faithful and loyal subject I am, to spend the
best blood of my body as well in cause private as public, (if it
should please her Majesty so to command me,) as also your
Lordship, with the rest of her Majesty's Privy Council, would
grant me the benefit of the laws of the realm.

1 Strype's ' Annals of the Church,' vol. iii. part i. p. 508.

286 LIFE OF MARQUIS OF HERTFOED. CHAP. I.

" Coming on the way, I was stayed at Reading by my Lord
my father's man ; desiring your Honour's favour so far that I
might not be injured by any my Lord my father's men, though
hardly dealt with by his Lordship himself, considering how
dutifully I have used myself. I hope your Honour will con-
sider of my case, and suffer me to take no wrong, so long as I
am a faithful and true subject.

"I understand of certain, before I would attempt to depart,
that her Majesty should say of me I was no prisoner of hers ;
and also your Lordship, with the rest of the Council, should
answer my wife that you would impute it no offence if I sought
to enjoy my wife's company. Most humbly craving to hear
something from your Honour, I commit your Lordship to the
tuition of the Almighty.

" From Reading, the 9th Aug. 1585.

" Your Honour's to command,

" EDWARD BEAUCEIAMP."

It is to be presumed that this address to the mercy
of the Queen and Council was successful, as Lord and
Lady Beauchamp appear to have afterwards lived
together, and to have had a family consisting of three
sons and one daughter — Edward, William, Francis,1
and Honora.2 Lord Beauchamp died July, 16 12.3
His eldest son, Edward, was made Knight of the Bath
at the creation of Charles Prince of Wales. He
married, July, 1609, Anne Sackville, daughter of the
Earl of Dorset, by whom he had one son and two

1 Francis, afterwards created Lord Seymour of Trowbridge.

2 Honora married Sir Ferdinand Dudley, K.B.

3 Lord Beauchamp was buried at Great Bedwin, and upon his grave-
stone is a brass plate with this inscription : —

" Bellocampus cram, Graia genetrice, Semems,
Tres habui natos, est quibus una soror."

CHAP. I. HIS EDUCATION. 287

daughters. They all three died as infants, and in 1620
he died, without leaving issue.

Thus, by the successive deaths of his father, his

nephew, and his elder brother. William Seymour
became heir apparent to his grandfather, and in 1621,
on the death of Edward Earl of Hertford, succeeded to
his title and estates.

The earliest information that is to be found
respecting the education of William Seymour is, his
admission at nineteen years old, with his elder brother,
as Bachelor of Arts at Magdalen College, Oxford,1
December, 1607. It was just two years after this
period that he was destined to become the hero of a
tragic romance in real life, as replete with adventure
and as sad in its catastrophe as any which imagination
could devise. The loves of William Seymour and
Lady Arabella Stuart, the secret marriage, the dis-
covery, the imprisoning, the flight and its disastrous
consequences, would supply ample materials for one of
those popular tales where historical events form but the
skeleton on which feelings, motives, words, and even
added incidents, are wrought according to the taste and
skill of the writer.

But the province of biography is to deal with facts,
and is necessarily bound within the strict limits of his-
toric truth ; it affords no scope for dilating on circum-
stances, or explaining of motives, or painting of emotions
which have not been well attested ; and the interest to
be derived from historical narrative must depend on the

1 Wood's ' Athenaj Oxon.'

288 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

conviction of its reality and accuracy, not on the imagi-
nation or eloquence of the narrator. Fortunately, the
adventures of William Seymour and Arabella Stuart
have been preserved, though in various and scattered
documents, with considerable detail, and but few and
unimportant links are wanting in the chain of their
romantic tale.

It was in the month of February, 1609-10, that the
first notice is to be found of Lady Arabella having
incurred the King's displeasure, and having been
restored to favour : it is possible that this notice,
though expressed in very obscure terms, alluded to
some intended marriage, of which he disapproved, or
perhaps to some idea of Catholic intrigues which had
disturbed the peaceful relations between James and his
cousin. All that is known is, that Mr. Chamberlayne
writes thus from London to Sir Ralph Winwood,1 in a
letter dated February 13 : — " The Lady Arabella's
" business (whatsoever it was) is ended, and she restored
to her former place and grace. The King gave her
a cupboard of plate, better than 200/., for a new-
" year's gift, and 1000 marks to pay her debts, besides
" some yearly addition to her maintenance,2 want
" being thought the chiefest cause of her discontent-

1 Sir R. Winwood was one of the Principal Secretaries of State to
James I., and at that time ambassador to the United States, resident at
the Hague.

2 James had ordered a yearly allowance to be made to Lady Arabella,
on account of her relationship to him, on first coming to the throne. Lady
Arabella was the daughter of Charles Stuart, Duke of Lenox, and of
Elizabeth Cavendish. This Duke of Lenox was brother to Henry Darnley,
father of James I. — Vide Appendix A.

CHAP. I. HIS ADDRESSES TO LADY ARABELLA. 289

" ment, though she be not altogether free from sus-
" picion of being collapsed."

Two days afterwards, February 15, 1609-10, Mr.
Beaulieu2 writes thus to Mr. Trumbull:3 — u The
" Lady Arabella, who, as you know, was not long
" ago censured for having, without the King's privity,
" entertained a motion of marriage, was again, within
" these few days, deprehended in the like treaty with
" my Lord of Beauchamp's second son, and both were
" called and examined yesterday at the court about it.
" What the matter will prove I know not ; but these
" affectations of marriage in her do give some advantage
" to the world of impairing the reputation of her con-
" stant and virtuous disposition."

Whether Beaulieu and Chamberlaine both alluded
to the same subject of royal displeasure is by no means
clear, nor is it certain whether, as Beaulieu's words
would seem to imply, he meant that Lady Arabella
had been censured for having recently entertained the
thought of marriage, first with some person whose name
is not mentioned, and then with Lord Beauchamp's
second son. One thing, however, seems certain, — that
whatever might be the offence that occasioned Lady
Arabella to be called before the Privy Council,
she received at that time the King's permission to
bestow herself upon any subject of his whom she might
think fit to choose as her husband ; a permission which

1 Winwood's * State Papers,' vol. iii. p. 117.

* Secretary to Sir Thomas Edmonds in his embassies to the Archdukes
and the French King.

3 Resident at Brussels.

4 Winwood's * State Papers,' vol. iii. p. 119.

VOL. II. U

290 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

led the parties now concerned to believe themselves
free to enter into a contract of marriage, and which
rendered the subsequent conduct of James more cruel
and unjustifiable.

There seems to have been but little if any attempt
at secrecy in the matter " of this treaty with my Lord
" of Beauchamp's second son," for, within eight days of
the time when first the subject of marriage was broached
by Seymour to Lady Arabella, he was summoned to
the Privy Council, and called upon for explanation of
what had occurred. His written statement is happily
preserved, and tells a plain, unadorned, tale of all that
had as yet passed between him and the lady.

Mr. Wm. Seymour to the Lords of the Privy Council,
February 10, 1609-10.1

" May it please your good Lordships,

" Since it is your pleasure (which to me shall always
stand for a law) that I should truly relate under my hand
those passages which have been between the noble Lady
Arabella and myself, I do here in these rugged lines truly
present the same to your Lordships' favourable censure, that
thereby his most excellent Majesty may by your Lordships be
fully satisfied of my duty and faithful allegiance (which shall
ever be a spur to me to expose my life and all my fortunes to
the extremest dangers for his Highness's service), that I will
never attempt anything which I shall have certain foreknow-
ledge will be displeasing unto him. I do therefore humbly
confess that, when I conceived that noble lady might, with his
Majesty's good favour and without offence, make her choice of
any subject within this kingdom, which conceit was begun in
me upon a general report after her Ladyship's last being

1 Bibl. Birch, 4161, No. 24.

CHAP. I. HIS MEMORIAL TO THE COUNCIL. 291

called before your Lordships that it might be, myself being
but a younger brother, and sensible of mine own good, unknown
to the world, of mean estate, not born to challenge anything
by my birthright, and therefore my fortunes to be raised by
mine own endeavours, and she a lady of great honour and
virtue, and, as I thought, of great means, I did certainly and
honestly endeavour lawfully to gain her in marriage, which is
God's ordinance common to all, assuring myself, if I could
effect the same with his Majesty's most gracious favour and
liking (without which I resolved never to proceed), that thence
would grow the first beginning of all my happiness. And
therefore I boldly intruded myself into her Ladyship's chamber
in the court on Candlemas-day last ; at what time I imparted
my desire unto her, which was entertained, but with this
caution on either part, that both of us resolved not to proceed
to any final conclusion without his Majesty's most gracious
favour and liking first obtained : and this was our first meeting;
after that we had a second meeting at Mr. Buggs's house in
Fleet Street, and then a third at Mr. Baynton's, at both
which we had the like conference and resolution as before ; and
the next day save one after the last meeting I was convented
before your Lordships, when I did then deliver as much as
now I have written, both then and now protesting before
God, upon my duty and allegiance to his most excellent
Majesty, and as I desire to be retained in your Lordships'
good opinion, there is neither promise of marriage, contract,
or any other engagement whatsoever, between her Ladyship
and myself ; nor ever was any marriage by me or her intended
unless his Majesty's gracious favour and approbation might
have been first gained therein, which we resolved to obtain
before we would proceed to any final conclusion ; whereof I
humbly beseech your Lordships to inform his Majesty, that
by your good means, joined to the clearness of an unspotted
conscience and a loyal heart to his Highness, I may be
acquitted ir his just judgment from all opinion of any dis-

292 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

position in me to attempt anything distasteful or displeasing
to his Majesty, as one well knowing that the just wrath and
disfavour of my Sovereign will be my confusion, whereas his
gracious favour and goodness towards me may be the advance-
ment of my poor fortunes.

" And thus, my Lords, according to your commands, I
have made a true relation of what was required, humbly
referring the favourable construction thereof to your Lord-
ships ; having for the further hastening of the truth, and ever
to bind me thereunto hereafter, subscribed my name the 10th
of February, 1609.

" WILLIAM SEYMOUR."

To the Right Honourable my most singular
good Lords, the Lords of his Majesty's
most honourable Privy Council,

There is nothing in this declaration to imply that,
when the subject of engagement was first entered upon
between the parties concerned, it was founded on either
a long or deep attachment. The marriages of persons
of rank in those days, and till a far later period, were
constantly as much the result of pecuniary convenience,
family arrangement, and personal ambition, as the mar-
riages between royal houses were the result of national
treaties and state policy. In vain had Shakspeare
already said that

11 marriage was a matter of more worth,
Than to be dealt in by attorneyship."

Custom was in favour of what in France are termed
" les manages de convenance ; ' but though custom
could in great measure determine the conduct of men,
it could not extinguish the passions incident to human

1 Henry VI.. Act 4.

CHAP. I. THE KING IS SATISFIED. 293

nature ; affection sometimes prevailed over prudence,
or even over filial obedience, and hence arose the
frequency of those clandestine and often disputable
marriages which at least threatened the descendants of
so many noble houses with the taint of illegitimacy.
Seymour's own account of the motives which first dic-
tated his choice of Lady Arabella was perfectly con-
sonant with the views generally entertained upon the
subject of matrimony in his time, and there seems no
occasion to search for hidden motives or disguised
feelings by which to interpret his own very plain
and straightforward explanation otherwise than as he
gave it.1

The King and the Privy Council were satisfied, and
Seymour and Lady Arabella were dismissed without
any further mark of the King's displeasure. But it
was now clear that James's permission to his cousin to
bestow herself upon any subject of his whom she might
think fit to choose as her husband had been given with
certain mental reservations. On the faith of his per-
mission her choice had been made, and it had been

1 The following passages from works in which some details of the his-
tory of this unfortunate marriage have been given would imply it was due
to the romance of the story to furnish William Seymour with sentiments
to which he did not pretend : — " There is nothing romantic in this apology,
" in which Seymour describes himself as a fortune-hunter ! which, how-
" ever, was probably done to cover his undoubted affection for Arabella,
" whom he had early known." — Disraeli's ' Curiosities of Literature,'
p. 360, " Those who heard this prudent account of his motives were not
" probably satisfied, and saw beneath this veil of cold calculation senti-
" ments of a much tenderer nature, which, there can be no doubt, really
" existed in his heart for his unfortunate and attached wife." — Memoirs of
Eminent Englishwomen, by Miss Costello, vol. i. p. 287. Lady Arabella
was not at that time his wife.

294 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

avowed before the King and Council, but no royal
consent followed the avowal. It must therefore have
been evident to each party that to fulfil their intentions
of marriage could never serve to " raise the fortunes '
of either, and prudence would have suggested the
abandonment of their design. If therefore, according
to Seymour's declaration, it was begun on calculation,
it must have been afterwards carried on or renewed
from a more disinterested feeling. Nor was this an
unlikely consequence of the position in which they
found themselves placed. By an open avowal to each
other of their desire to enter into a contract of marriage
together, they had broken down the barrier of cus-
tomary reserve ; they had been harshly and unjustly
thwarted in the fulfilment of their engagement ; and in
the sense of similar wrongs they were furnished with
an additional bond of sympathy to draw them towards
each other.

It is to be presumed that James's suspicions were
lulled by an apparent submission to his will -,1 he would
otherwise have taken effectual measures to prevent
further intercourse between the offending parties ; such,
however, was not the case, and before long their mutual
attachment outweighed not only the fear of King and
Council, but even, it would seem, the obedience due
from Seymour to his grandfather, and in the month of
June, or beginning of July, 1610, about five months
after they were first summoned to the Privy Council,

1 See Appendix B for Lady Arabella's petition, which, though not
dated, seems to belong to this period.

CHAP. I. HE MARRIES LADY ARABELLA. 295

they were secretly married in Lady Arabella's apart-
ment at Greenwich. Edward Rodney (Seymour's
cousin) had been called upon by him to act as a witness
on the occasion ; and on the discovery of the marriage
he was summoned before the Privy Council, where he
made the following declaration :-

" An Abstract of the Declarations which I made to the Lords

upon my Examination.*

"About Whitsuntide,2 meeting with Mr. Seymour at
Lambeth, amongst other speech which he used to me, it pleased
him to acquaint me with his resolution concerning his mar-
riage, but so sparingly and in such general terms that he never
spake unto me of the means which he used in the reobtaining
her love, nor once mentioned unto me either letter, token, mes-
sage, or aught else which had passed between them ; only that,
since it pleased her to entertain the matter, having the King's
consent to make her own choice without exception, and since
he found himself bound in conscience by reason of a former
pledging of his faith unto her, that he absolutely intended it,
engaging me by oath unto him that I should not reveal it until
he absolved me, seeming to me to fear no other let nor obstacle
than his grandfather, my Lord of Hertford. From that time
till the marriage-day he used no more words to me concerning
it, at what time he requested me to accompany him to her
chamber at Greenwich, to be a witness of her marriage there to
be solemnised : to which I consented, all the while nothing
doubting of the King's consent. Whither we came about
twelve o'clock at night, where staying till next morning, at what
time they were married, I came away to London.

This is briefly the declaration which I made, differing m

1 Bibl. Birch, 4161, No. 26.

8 Whit Sunday was on the 27th of Mav in the year 1610.

: v *t

296 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

nothing but in prolixity rising out of some excusing words,
which doubled the quantity.

"EDWARD RODNEY."

How the marriage was discovered does not appear ;
but James was prompt in making the unhappy couple
feel the weight of his displeasure. Seymour was sent
to the Tower; and Lady Arabella, by order of the
Privy Council, dated July 9th, 1610,1 was committed
to the custody of Sir Thomas Perry, Chancellor of the
Duchy of Lancaster.2 Lady Arabella lost no time in
addressing the Lords of the Council to implore their
good offices on her behalf with the King.

Lady Arabella Seymour to the Privy Council, July 1610.

Holograph?

" To the Right Honourable the Lords of his Majesty's most

Honourable Privy Council.4

" Right Honourable and my very good Lords, I humbly
beseech you give me leave to become an humble suitor to you,
to let his Majesty understand my hearty sorrow for his
Majesty's displeasure ; and that it will please your Honours
to become intercessors to his Majesty for me, whose error I

1 Vide Appendix C.

2 In a letter from Sir Dudley Carleton to Mr. Trumbull, dated July 25,
1610, this passage occurs : — " The great match which was lately stolen
" betwixt the Lady Arabella and young Beauchamp provides them both of
" safe lodgings ; the lady close prisoner at Sir Thomas Parry's house at
" Lambeth, and her husband in the Tower." — Winwood's ' State Papers,'
vol. iii. p. 201.

3 S. P. 0., Domestic.

4 Endorsed : — " July, 1610. Lady Arabella to the Lords, that it will
" please them, to be a means to his Majesty for her." In Note Bibl.
Birch, 4161, No. 39, is a duplicate copy of this petition, endorsed " Peti-
" tion to the Council before I write one to the King."

CHAP. I. THEY AEE IMPRISONED. 297

assuredly hope his Majesty, of his own gracious disposition,
will (by your good means) rather pardon than any further
expiate with imprisonment or other affliction ; which, and more
if it were to do his Majesty service or honour, I should endure
with alacrity. But this is very grievous, especially as a sign
of his Majesty's displeasure, on whose favour all my worldly
joy, as well as fortune, dependeth ; which, if I may reobtain,
all the course of my life hereafter shall testify my dutiful and

humble thankfulness.

" ARABELLA SEYMOUR."

•

Her petition to the King boldly reminds him of the
permission he had given her to make her own choice in
marriage, and plainly attributes the secrecy with which
she and her betrothed had acted to his own want of
plain and open dealing.

Lady Arabella to the King.1

" May it please your most Excellent Majesty,

" I do most heartily lament my hard fortune that I
should offend your Majesty, the least especially in that whereby
I have long desired to merit of your Majesty, as appeared
before your Majesty was my Sovereign. And though your
Majesty's neglect of me, my love to this gentleman that is my
husband, and my fortune, drew me to a contract before I
acquainted your Majesty, I humbly beseech your Majesty to
consider how impossible it was for me to imagine it could be
offensive to your Majesty, having few days before given me
leave to bestow myself on any subject of your Majesty (which
likewise your Majesty had done long since) ; besides having
never been prohibited nor spoken to of any in this land by your
Majesty these seven years that I have lived in your Majesty's
house, whereby I could not conceive that your Majesty regarded

1 Bibl. Harl., 7003, No. 82.

298 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

my marriage at all. And I protest, if your Majesty had
vouchsafed to tell me your mind, and accept the free-will
offering of my obedience, I would not have offended your
Majesty. I most humbly beseech your Majesty, of whose
gracious goodness I presume so much, that, if it were as con-
venient in a worldly respect as malice may make it seem to
separate us whom God hath joined, your Majesty would not do
evil that good might come thereof, nor make me, that have the
honour to be so near your Majesty in blood, the first precedent
that ever was, though our Princes may have left some as little
imitable for so good and gracious a King as your Majesty as
David's dealing with Uriah. But I assure myself, if it please
your Majesty in your own wisdom to consider thoroughly of my
cause, there will no solid reason appear to debar me of justice
and your princely favour, which I will endeavour to deserve
whilst I breathe, and, never ceasing to pray for your Majesty's
felicity in all things, remain

" Your Majesty's

" most humble."

The following petition is in the same tone of humble
self-exculpation : —

Lady Arabella's Petition to the King.1

*' May it please your most Excellent Majesty— the unfor-
tunaf e estate whereunto I am fallen by being deprived of your
Majesty's presence (the greatest comfort to me upon earth), to-
gether with the opinion conceived of your Majesty's displeasure
towards me, hath brought as great affliction to my mind as can be
imagined ; nevertheless, touching the offence for which I am
now punished, I most humbly beseech your Majesty (in your
most princely wisdom and judgment) to consider in what a
miserable state I had been if I had taken any other course than

1 Bibl. Harl., 7003, p. 87.

CHAP. I. LADY ARABELLA'S PETITIONS. 299

I did, for, my own conscience witnessing before God that I was
then the wife of him that now I am, I would never have
matched with any other man, but to have lived all the days of
my life as an harlot, which your Majesty would have abhorred
in any, especially in one who hath the honour (how otherwise
unfortunate soever) to have any drop of your Majesty's blood
in them. But I will trouble your Majesty no longer, but in all
humility attending your Majesty's good pleasure for that
liberty (the want whereof depriveth me of all health and all
other worldly comfort), I will never forget to pray for your
Majesty's most happy prosperity for ever in all things, and so
remain

" Your Majesty's

" most humble and faithful

"subject and servant."

After the examination of all who were to give evi-
dence before the Privy Council on the matter, Lady
Arabella again addressed the Lords of the Council
much in the same strain as before.1 On the 16th and
19th2 of July she wrote to her uncle, the Earl of
Shrewsbury,3 in behalf of her servants, " with whom,"
she says, "I thought never to have parted whilst I
" lived, and none that I am willing to part with ;" and
most earnestly implored " his own assistance, and that
" of all whom he takes to be her friends, to labour to
" reobtain the King's favour for her."

Her next attempt to obtain grace was by an appeal
to the Queen, dated July 23rd,4 and couched in the

1 Appendix D. 2 Appendix E and F.

3 The Earl of Shrewsbury was brother to Lady Arabella's mother, Eliz-
abeth Cavendish (daughter of Sir William Cavendish), who married
Charles Stuart, Duke of Lennox.

4 Appendix G.

300 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

same terms of earnest entreaty as the other petitions.
In October she again addressed the Queen,1 having, as
she says, "confidence of help and mediation" from her,
she being full of pity and commiseration towards her
humble and devoted servant, and in a cause of this
nature. Whether any answer was vouchsafed to these
various appeals does not appear, but there can be no
doubt of the melancholy fact that they were wholly
unsuccessful.

On Seymour's arrival as prisoner in the Tower, he
was greeted by Andrew Melvin, the Presbyterian divine,
who had been confined there for using an irreverent
expression touching the altar in the Royal chapel, with
the following epigram : —

" Communis tecum mini causa est carceris : Ara
Bella tibi causa est, Araque Sacra nrihi."2

This seems to be the only incident preserved of the
first few months of Seymour's imprisonment ; he adopted
a different course from that pursued by his wife, and ab-
stained from all petition to the King or to the Privy
Council till his health began to suffer from confinement :
he then addressed the following letter to the Lords : —

Mr. William Seymour to the Lords of the Council.

" May it please your Lordships,

" Since his Majesty is so highly offended with me, that
I have not as yet (fearing further to incur his Majesty's disfa-

1 Appendix H.

2 " From the same cause my woe proceeds, and thine :

Your altar lovely is, and sacred mine."
— Biog. Brit., vol. i. p. 228 ; Winwood's ' Mem.,' vol. iii. p. 201.

CHAP. I. SEYMOUR'S PETITION. 301

vour) offered any manner of petition to his princely hands
before the way be made more easy, I only address myself to
your honourable Lordships, being now bereft of my nearest
friends through his Majesty's indignation, humbly beseeching
you to be intercessors to his Majesty, that it would please him,
of his gracious and accustomed bounty, to restore me to his
most wished-for favour and my former liberty ; or, if that may
seem too large a suit, that it would please his Majesty in the
mean time to grant me the liberty of this place, to the recover-
ing of my former health ; which through my long and close
imprisonment is much decayed, and will not easily, I fear me,
be repaired, whereof the lieutenant can well certify your Lord-
ships.

" I must confess I have offended his Majesty, which is my
greatest sorrow ; yet I hope not in that measure that I should
deserve my utter ruin and destruction, since I protest my
offence was committed before I knew it to be an offence.
Wherefore I humbly beseech your Lordships, since the bottom
of this wound is searched to a means, that it may be healed.
Thus relying on your Lordships' honourable dispositions, I
humbly take my leave, resting always,

" To be commanded by your Lordships,

" W. S."1

Whether this petition produced any amelioration in
his condition is not known ; but from subsequent events
it would seem that his confinement was by no means
strict. Possibly, also, written correspondence was per-
mitted between himself and his wife, but, if so, it is
unfortunate that but one of their letters should have
been preserved amongst the known collection of MSS.
of that date. This letter, though written in the formal
style then in use, and which, compared with the freer

1 Bibl. Birch, 4161, No. 27.

302 LIFE OF MARQUIS OF HERTFORD. CHAP. I.

expression of feeling used in later times, appears cold
and almost ceremonious between husband and wife,
still shows that genuine love which leads to the forget-
fulness of self, and which for another's sake is willing
to endure every trial, and to cling to every ground of
hope. By the allusion to Seymour's health it was pro-
bably written about the time when he addressed the
Privy Council.1

" Lady Arabella to Mr, W. Seymour.
" Sir,

" I am exceeding sorry to hear you have not been
well. I pray you let me know truly how you do, and what was
the cause of it, for I am not satisfied with the reason Smith
gives for it. But if it be a cold, I will impute it to some sym-
pathy betwixt us, having myself gotten a swollen cheek at the
same time with a cold. For God's sake let not your grief of
mind work upon your body ; you may see by me what incon-
veniences it will bring one to. And no fortune, I assure you,
daunts me so much as that weakness of body I find in myself,
for ' si nous vivons Vage d\m veau,' as Marot says,2 we may by

1 A letter from Lord Hertford to Lord Salisbury, dated October 2nd,
and written at the time when his grandson had been suffering under treat-
ment as harsh as that which he had himself endured in the preceding
reign, shows that he was too politic or too good a courtier to allow any
family feeling to interfere with the tone of adulation in which the King
was usually addressed or even spoken of. — Appendix I.

2 It is probable that Lady Arabella alluded to the following epitaph : —

De Jan le Veau.
" Cy gist le jeune Jan le Yeau,
Qui en sa grandeur et puissance
Fust devenu Bceuf ou Toreau,
Mais la Mort le print des enfance,
II morut Yeau, par desplaisance,
Qui fut dommage k plus de neuf ;
Car on dit (veu sa corporance)
Que ce eust este un Maistre Bceuf."
-Epitaphes de Clement Marot, torn. ii. p. 420. Edit, a la Have, 1700.

CHAP. I. LADY ARABELLA'S LETTER. 303

God's grace be happier than we look for in being suffered to
enjoy ourselves with his Majesty's favour ; but if we be
not able to live to it, I for my part shall think myself a pattern
of misfortune in enjoying so great a blessing as you so little a
while. No separation but that deprives me of the comfort of
you, for wheresoever you be, or in what state soever you are,
it sufficeth me you are mine. Rachel wept and would not be
comforted because her children were no more, and that indeed
is the remediless sorrow, and none else ; and therefore God
bless us from that, and I will hope well of the rest, though I see
no apparent hope ; but I am sure God's book mentioneth many
of his children in as great distress that have done well after
even in this world. I assure you nothing the State can do
with me can trouble me so much as this news of your being
ill doth. And you see when I am troubled I trouble you too
with tedious kindness, for so I think you will account so long
a letter yourself, not having written to me this good while so
much as how you do. But, sweet Sir, I speak not this to
trouble you with writing but when you please : be well, and
I shall account myself happy in being your faithful, loving wife.

"A. S."1

1 Bibl. Harl., 7003, No. 150.

304 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

CHAPTER II.

The King orders the removal of Lady Arabella to Durham — She begins
her journey, and reaches Barnet — She is detained there by ill health —
She escapes from confinement, and attempts to meet her Husband —
They embark in different ships — She is recaptured at sea, and is com-
mitted to the Tower — Mr. Se}Tmour escapes safely to Ostend — Lord
Hertford does not support his Grandson against the Court.

THE following year brought no brighter prospects to the
prisoners, and a rumour now reached the ears of Lady
Arabella that she was to be sent from London to some
distant place. She had long sued for mercy, she now
pleaded for justice, and addressed the following letter
to the two Lord Chief Justices : —

Lady Arabella to the Lord Chief Justices.

" My Lords,

" Whereas I have been long restrained from my liberty,
which is as much to be regarded as my life, and am appointed,
as I understand, to be removed far from these courts of justice,
where I ought to be examined, tried, and then condemned or
cleared, to remote parts,1 whose courts I hold unfitted for the
trial of my offence ; this is to beseech your Lordships to inquire
by an habeas corpus, or other usual form of law, what is my
fault ; and if, upon examination by your Lordships, I shall thereof
be justly convicted, let me endure such punishment by your
Lordships' sentence as is due to such an offender. And if your
Lordships may not, or will not, of yourselves, grant unto me the

1 Durham.

CHAP. II. LADY ARABELLA'S REMOVAL. 305

ordinary relief of a distressed subject, then I beseech you
become humble intercessors to his Majesty, that I may receive
such benefit of justice as both his Majesty by his oath hath
promised ; and the laws of this realm afford to all others, those
of his blood not excepted. And though, unfortunate woman,
I should obtain neither, yet, I beseech your Lordships, retain
me in your good opinion, and judge charitably, till I be proved
to have committed any offence, either against God or his
Majesty, deserving so long restraint or separation from my
lawful husband. So, praying for your Lordships, I rest,

" Your afflicted, poor suppliant,

"A. S.1

" To the Right Honourable the Lord Chief Justice
of England and the Lord Chief Justice of the
Common Pleas."

But Lady Arabella's appeal to justice proved of no
better avail than her prayers for forgiveness. James
had resolved to withdraw her from the custody of Sir
John Perry, and to place her in the care of the Bishop
of Durham, and accordingly thus signified his pleasure
to that Prelate : —

King James I. to the Dr. William James Bishop of Durham,

13th March, 1610-1 1.2

" JAMES R.

" Right Reverend Father in God, and trusty and well-
beloved, we greet you well. Whereas our cousin, the Lady
Arabella, hath highly offended us in seeking to match herself with-
out our knowledge (to whom she had the honour to be so near
in blood), and in proceeding afterwards to a full conclusion of a
marriage with the selfsame person, whom (for many just causes)

1 Bibl. Birch, 4161, No. 46. This letter must have been written a
short time before the King's letter to the Bishop of Durham, which was
dated March 13th, 1610-11.

2 Bibl. Birch., 4161, Xo. 51.

VOL. II. X

306 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

we had expressly forbidden her to marry, after he had in our pre-
sence and before our Council foresworn all interest as concern-
ing her, either past or present, with protestations upon his
allegiance, in her own hearing, never to renew such motion
again : Forasmuch as it is more necessary for us to make some
such demonstration now of the just sense and feeling we have
of so great an indignity offered unto us, as may make others know
by her example that no respect of personal affection can make
us neglect those considerations wherein both the honour and
order of our Government is interested : We have therefore
thought good, out of our trust in your fidelity and discretion,
to commit to your care and custody the person of our said cousin,
requiring and authorising you hereby to carry her down in your
company to such houses of yours as unto you shall seem best
and most convenient, there to remain in such sort as shall be
set down to you by directions from our Council, or any six of
them, to whom we have both declared our pleasure for the man-
ner of her restraint, and have also given in charge (upon con-
ference with you) to take order for all things necessary, either
for her health or otherwise ; this being the difference, as you see,
between us and her, — that whereas she hath abounded towards
us in disobedience and ingratitude, we are on the contrary still
apt to temper the severity of our justice with grace and favour
towards her, as may well appear by the course we have taken
to commit her only to your custody, in whose house she may be so
well assured to receive all good usage, and see more fruit and
exercise of religion and virtue than in many other places. For all
which this shall be your sufficient warrant.

" From Royston, this 13th of March, 1610.

" To the Right Reverend Father in God,
our right trusty and well-beloved the
Bishop of Durham."

The manner in which James seeks in this letter to
magnify the errors of his unhappy prisoner, and the self-

CHAP. II. SHE BEGINS HER JOURNEY. 307

complacency with which he speaks of his own modera-
tion, justice, and grace, shows that his displeasure was
unmitigated by the sufferings he had inflicted during the
space of eight months, and that his heart was unmoved
by her touching appeals for mercy and pardon.

On the same day that he thus addressed the Bishop,
a warrant to the Exchequer was despatched for the money
necessary for her journey,1 and two days later an order
from the Privy Council directed Sir John Perry to de-
liver up the person of Lady Arabella to the Bishop of
Durham.2 A letter was also addressed to Sir William
Bond at Highgate, requesting him to afford Lady Ara-
bella the accommodation of two chambers in his house,
as she would not be able that night (the 15th) to reach
Barnet, " and that the inns would be full of inconveni-
" ence." 3 On that day she travelled as far as High-
gate, and was there detained by illness for six days. On
the 21st she quitted Highgate and reached Barnet,
where she was again detained till the 1st of April,
This delay in her journey occasioned Dr. Hammon
(physician to the Princes) being sent down to ascertain
her state and report on her health, first to the Privy
Council and then to the King at Royston.

It was at this time that Lord Shrewsbury, writing to
Lady Arabella's physician (Dr. Mountford), sent the
somewhat cheering intelligence, that " the greatest,
" nearest, and wisest about his Majesty/' with whom he
had spoken, are of opinion " that her imprisonment and
" his Majesty's disfavour is not likely to continue long." 4

1 Appendix J. 8 Appendix K. J Appendix L.

4 Appendix M.

308 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

On the 1st of April Lady Arabella proceeded from Bar-
net to East Barnet ; but sickness and sorrow seem to have
utterly incapacitated her from making any further ad-
vance for the present. The following humble petition
was addressed by her to the Privy Council, praying for
time to recover her strength before she was again obliged
to resume the journey for which she was so unfitted : —

Lady Arabella to the Lords of the Council.

" May it please your Lordships,

" I protest I am in so weak case as I verily think it
would be the cause of my death to be removed anywhither at
this time, though it were to a place to my liking. My late dis-
comfortable journey, which I have not yet recovered, had almost
ended my days ; and I have never since gone out of a few little
and hot rooms, and am many ways unfit to take the air. I trust
your Lordships will not look I should be so unchristian as to be
the cause of my own death ; and I leave it to your Lordships'
wisdom to consider what the world would conceive if I should
be violently enforced to do it. Therefore I beseech your Lord'
ships to be humble suitors in my behalf, that I may have some
time given me to recover my strength, which I should the sooner
do if I were not continually molested. And I will hope and
pray that God will incline his Majesty's heart every way to
more compassion towards me, who rest

" Very humbly at your Lordships' command,

" A. S."1

Not only were Lady Arabella's petitions, and the
reports of the physicians, employed as means to obtain
the King's leave for her to have time and rest to re-esta-

1 Bibl. Birch, 4161, jSTo. 67. This letter, though it bears no date,
must have been written in April, 1611.

CHAP. II. HER PROGRESS IS DELAYED. 309

blish her health, at least so far as that her life should not
be endangered by travelling'; the Bishop of Durham
himself also pleaded in her behalf. He represented to
his Majesty both her physical sufferings at each remove,
and " her grief at his Majesty's indignation, her hearty
" and zealous prayers for him and his, and her
u willingness if it might so please him even to sweep his
" chamber,"1 &c.

Sir James Crofts (in whose custody she now was)
also addressed the Privy Council, on the 17th of April,
at great length, on the state of his prisoner. He describes
her as " somewhat better and lightsomer than hereto-
u fore," in consequence of rest and medical treatment,
but as still too weak to walk the length of her room, and
in the utmost dejection of spirits, viewing with despair
her removal to a place " so out of the world as Dur-
ham."2 These representations obtained for Lady Ara-
bella the boon of delay, for which she thus gratefully
expresses herself to the King : —

Lady Arabella to the King.

" May it please your most excellent Majesty,

" Graciously to accept my most humble thanks for these
halcyon days it hath pleased your Majesty to grant me ;3 and
since it hath pleased your Majesty to give this testimony of
willingness to have me live awhile, in all humility I beg the
restitution of those comforts without which every hour of my
life is discomfortable to me, the principal whereof is your Ma-
jesty's favour, which none that breathes can more highly esteem

1 Appendix N. The Bishop of Durham's letter to Sir James Crofts and
Dr. Mountford.

2 Appendix O. 3 Three weeks.

310 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

than I, who, whilst I live, will not cease to pray to the
Almighty for your Majesty's prosperity, and rest

" Your Majesty's most humble and faithful,

almost ruined subject and servant,

" ARABELLA S." '

•

On the 28th of April Serjeant Minors2 was sum-
moned before the Privy Council, to report on Lady
Arabella's condition and to receive the King's commands
respecting her journey. He stated the continuance
of her weak state of health, but was told the King's ab-
solute resolution " was directly for Durham," for which
says Serjeant Minors3 Lady Arabella " must prepare,
" although the journeys be never so little, to go on upon
" Monday next, which was the longest day I could get.
" I pray you let her know," he continues, " that some
" of the greatest of them did in solemn oaths protest
" that they find by his Majesty's resolution that there
" shall be no long abode for her there, but his Majesty
4< intended her good in short time after, but that he
" kept that in his breast until he saw conformity ; but
if his Majesty be King, he says, he will not alter this
resolution." Notwithstanding this royal determina-
tion that the journey to Durham should no longer be
delayed, fresh representations of Lady Arabella's con-
tinued weakness were made by Sir James Crofts and Dr.
Mountford in the presence of the King and Council, and

1 Bibl. Birch, 4161, No. 37.

2 Serjeant Minors was the cousin of Sir James Crofts, and appears to
have been joined with him in the custody of Lady Arabella.

3 Appendix P ; letter from Serjeant Minors to Sir James Crofts ; and
expenses incurred for Lady Arabella, Appendix P a.

CHAP. II. SHE PETITIONS THE KING. 31 1

the following petition from Lady Arabella herself for
" three weeks more ' was addressed to the King : —

Lady Arabella to the King.

" May it please your excellent Majesty,

li Though it hath pleased God to lay so many heavy
crosses upon me, as I account myself the most miserable crea-
ture living, yet none is so grievous to me as the loss of your
Majesty's favour, which appeareth not so much to my unspeak-
able grief in any other effect of it (though the least of many
it hath already brought forth is sufficient for my utter ruin)
as in that your Majesty giveth credence (as I hear) to those
sinister reports which impute that to my obstinacy which pro-
ceedeth merely out of necessity ; not willing that I might be
thought guilty of hastening my own death by any voluntary
action of mine, having first endeavoured by all good means to
make my extreme weakness known to your Majesty. But
nothing availing me, certainly I had suddenly perished if your
Majesty had not speedily had compassion of me in granting me
this time of stay for my recovery ; to which it may please your
Majesty of your gracious goodness to add three weeks more.
Mr. Dr. Moundford hopes I may recover so much strength as
may enable me to travel ; [and I shall ever be willing, whilst I
breathe, to yield your Majesty most humble and dutiful obedi-
ence as to my Sovereign, for whose felicity for ever in all things
I cease not to pray, and in all fortunes rest

" Your Majesty's most humble and faithful

" Subject and servant,

" A. S."]

%* The passage between brackets was scored and corrected in the

original.

312 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

What follows is another hand in another draught.

Sic Orig.

that I had never any other thought than to gain
This without . ,

your Majesty s favour by obedience, 1 do promise

the journey is
enough, if the

" and for my own part, as an argument

to undergo the journey after this time expired
without any resistance or refusal, to do such things
as are Jit for me to do to make my journey the less
painful or perilous ; being now assured that your

King desire ;
but liis
honour salved,

Majesty hath no purpose to make my correction

hade resist-
ance, &c.,and
so the journey
made perilous

my ruin in any sort, as I will hope confidently,
when I have herein satisfied the duty.

"J.3

by myself, whereby I must confess I bely myself extremely in this.

The result of these representations and intercessions
for time to recover is best detailed in Dr. Mountford's
letter to the Bishop of Durham : —

Dr. Mountford to the Bishop of Durham.

May, 1611.
" Right Reverend, my very good Lord,

"Sir J. C. and I received your Lordship's letter by
your servant, by whom also we did understand of your Lord-
ship's recovery ; whereof the good news was right welcome
unto my Lady, who daily inquired after you, continuing her best
affection and love unto you, answerable to the merit of your
kindness towards her and your great pains for her Honour's
good. We yet continue where you left us, with our whole
company, the Crews only, his Majesty's servants, being dis-
charged, whereof I trust and am rather assured that we shall
have no need : after the month granted at your Lordship's de-
parture for the recovery of my Lady, his Highness, then per-
suaded of her continued weakness by the report of Sir James
(her Honour's kind and well-affectioned keeper) and of myself

1 Bibl. Birch, 4161, No, 33.

CHAP. II. DR. MOUNTFORD'S LETTER. 313

in the hearing of the Prince and the Lords of his Majesty's
Privy Council, did yield her that one other month should be
employed in her perfect cure ; which now month began the
llth of this present May. During our attendance on his
Majesty he used not one unkind or wrathful word of her, but
mildly taxed her obstinacy, the conceit whereof I find did
spring from such accidents as befel upon our first removes,
reported unto him very untruly, with terms of violence offered
by my Lady to such as were used in that service. His Majesty's
was, that to Durham she should come, if he were King. We
answered that we made no doubt of her obedience. Then he
said — ' Obedience is that required ; which being performed, I
will do more for her than she expecteth.'

" I must impart unto your Lordship that the premier reason
which moved his Majesty to the grant of this second month was
her submission in a letter to his Highness, wherein with all due
acknowledgments of her recovery from the grave by time most
graciously granted her by him.1 This letter was penned by her
in the best terms (as she can do right well), and accompanied
with matter best befitting his Highness and her. It was often
read without offence, nay, I may truly say, even commended, by
himself, with the applause of Prince and Council.

" Thus your Lordship seeth quod differtur, non aufertur.
And thus your Lordship may understand that our journey in-
tended yet continueth. And I am of opinion that, if God so
will, we shall rather prevent than delay the prefixed time.
There is no fear among the Lords of any long stay with you ;
neither of her farther progress northward, but great assurance
of the contrary. When we are onward our journey, your
Lordship shall often hear from us ; and our past silence, occa-
sioned by uncertainty of events and our attendance at Court,
shall, God willing, be recompensed with often imparting to
your Lordship the occurrents in the way."

1 This passage seems imperfect, but the sense is clear.
8 Bibl. Birch, 4161, No. 61,

314 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

What the King's original motives were for his deter-
mination to send Lady Arabella to Durham, or why he
so pertinaciously adhered to his resolution, it is not easy
to understand ; nor is it possible now to ascertain
whether he was sincere in his professions of the good he
intended for her if she conformed to his wishes ; but
from the testimony afforded by the letters of Lord
Shrewsbury, Serjeant Minors, and Dr. Mountford, it is
clear that the Privy Council were kindly disposed
towards the unfortunate lady, and that its most influen-
tial members believed that James's displeasure would
be appeased by her obedience.

Lady Arabella had probably no great confidence in
" the good intended for her that his Majesty kept in
" his breast,"1 and, her health having been tolerably
restored during this last reprieve, despair gave her
strength to perform the enterprise she had resolved to
attempt. A month's leave, beginning on the 1 1th of
May, had been granted to remain at East Barnet ; the
term therefore was to expire on the 8th of June. On
the 3rd she took the desperate step of making her
escape.

By what means Lady Arabella and her husband
contrived to communicate does not appear, but it is
certain that they must have obtained very precise in-
formation of the intended movements of each other,
and by the carelessness, the connivance, or possibly the
assistance of those who were intrusted to guard them,
they each effected their escape about the same time, the
one from the Tower and the other from East Barnet.

1 Vide Serjeant Minors' letter.

CHAP. II. SHE ESCAPES WITH SEYMOUR. 315

Mr. John More thus details the particulars of their
flight :T— Lady Arabella is described as disguising her-
self " by drawing a pair of great French-fashioned hose
" over her petticoats, putting on a man's doublet, a
" man-like perruque with long locks over her hair, a
" black hat, black cloak, russet boots with red tops, and
" a rapier by her side, walked forth between three and
" four of the clock with Mr. Markham. After they
" had gone a- foot a mile and half to a sorry inn, where
" Crompton attended with their horses, she grew very
" sick and faint, so as the ostler that held the stirrup
" said, that gentleman would hardly hold out to London.
" Yet, being set on a good gelding astride, in an un-
" wonted fashion,2 the stirring of the horse brought
" blood enough into her face, and so she rid on towards
" Blackwall,3 where arriving about six o'clock, finding
'' there in a readiness two men, a gentlewoman, and a
" chambermaid, with one boat full of Mr. Seymour's and
" her trunks, and another boat for their persons, they
" hasted from thence towards Woolwich, Being come
" so far they bade the watermen row on to Gravesend ;
" there the watermen were desirous to land, but for a
" double freight were contented to go on to Lee, yet, being
" almost tired by the way, they were fain to lie still at
" Tilbury, whilst the oars went aland to refresh them-
" selves. Then they proceeded to Lee, and by that

1 Mr. John More's letter to Sir Ralph Winwood, dated June 8th, 1611.
Winwood's ' State Papers,' vol. iii. p. 279.

2 See Appendix Q ; letter of Sir William Waad, Lieutenant of the
Tower, to the Earl of Salisbury.

3 See Appendix R ; letter of John Lord Haryngton to the Earl of
Salisbury.

a
it
ft,
ft

U
U

316 LIFE OF MARQL'IS OF HERTFORD. CIIAF. II.

" time the day appeared, and they discovered a ship at
anchor a mile beyond them, which was the French
barque that waited for them. Here the lady would
have lien at anchor expecting Mr. Seymour, but
through the importunity of her followers they forth -
" with hoisted sail to seaward. In the meanwhile
" Mr. Seymour, with a perruque and beard of black
" hair, and in a tawny cloth suit, walked alone without
" suspicion from his lodging out at the great west door
" of the Tower, following a cart that had brought him
" billets. From thence he walked along by the Tower
Wharf by the warders of the south gate, and so to the
iron gate, where Rodney was ready with oars for to
" receive him. When they came to Lee and found that

" the French ship was gone, the billows rising high,
" they hired a fisherman for twenty shillings to
" set them aboard a certain ship that they saw under
" sail. That ship they found not to be it they looked
" for, so they made forwards to the next under sail,
" which was a ship of Newcastle. This, with much ado,
" they hired for 40/. to carry them to Calais ; but
" whether the collier did perform his bargain or no is not
" as yet here known. On Tuesday in the afternoon my
" Lord Treasurer, being advertised that the Lady Ara-
" bella had made an escape, sent forthwith to the
" Lieutenant of the Tower to set strict guard over Mr.
" Seymour ; which he, after his yare manner, would
" throughly do, that he would. But, coming to the
" prisoner's lodgings he found (to his great amazement)
" that he was gone from thence one whole day before.
" I may not omit in this relation to insert the simple

u
i

CHAP. II. SHE IS TAKEN AT SEA. 317

" part of two silly persons, — the one called Tom Barber,
" servant to Mr. Seymour, who (believing his master
spoke bond fide) did, according to his instructions, tell
every one that came to inquire for his master
" that he was newly betaken to his rest, being much
" troubled with the toothache ; and when the matter
" was discovered, did seriously persist to persuade Mr.
" Lieutenant that he was gone but to lie a night with
" his wife, and would surely return thither of himself
" again, — the other, a minister's wife attending the lady,
" who, seeing her mistress disguise herself and slip away,
u was truly persuaded that she intended but to make a
" private visit to her husband, and did duly attend her
" return at the time appointed.

u Now the King and the Lords being much disturbed
" with this unexpected accident, my Lord Treasurer
u sent orders to a pinnace that lay at the Downs to put
" presently to sea, first to Calais road, and then to scour
" up the coast towards Dunkirk. This pinnace, spying
the aforesaid French barque, which lay lingering for
Mr. Seymour, made to her, which thereupon offered
to fly towards Calais, and endured thirteen shot of the
pinnace before she would strike. In this barque is
" the lady taken, with her followers, and brought back
to the Tower, not so sorry for her own restraint as she
should be glad if Mr. Seymour might escape, whose wel-
fare she protesteth to affect much more than her own.
In this passionate hurry here was a proclamation

t .-
U

u
tl

1 " De Prodamatione tangente Dominum Arbcllam et Willielmum

Seymor.

" Whereas we are given to understand that the Lady Arbella and
" William Seymour, second son to the Lord Beauchamp, being for divers

318 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

" first conceived in very bitter terms, but by my Lord
" Treasurer's moderation seasoned at the print."

The following letter to the Earl of Nottingham con-
tains the account of Lady Arabella's capture at sea : —

Griff en Cockett to the Earl of Nottingham,
Lord High Admiral.

« 5th June, 1611.
" Right Honourable,

" After I had received direction from my Admiral for the
intercepting of the Lady Arbella and Mr. William Seymour,
we stood off, and under the South Sandhead we saw a small
sail, which we chased, and proving little wind we sent our boat
with shot and pikes, and, half channel over, our boat did overtake
them, and, making some few shot, they yielded, where we found
divers passengers, among the rest my Lady Arbella, her three
men, and one gentlewoman. We cannot find yet that Mr.
William Seymour is here. My lady saith that she saw him
not, but hopeth that he is got over. My lady came into the
French barque at Quinborough, and is now aboard the 'Ad-
venture ' safe until we shall receive farther directions from your
Lordship. We do keep the barque with all those passengers

" great and heinous offences committed, the one to our Tower of London,
" and the other to a special guard, have found the means, hy the wicked
" practices of divers lewd persons, as namely, Markham, Crompton,
" Rodney, and others, to break prison and make escape, on Monday the
third day of June, with an intent to transport themselves into foreign
parts : We do hereby straitly charge and command all persons what-
soever, upon their allegiance and duty, not only to forbear to receive,
harbour, or assist them in their passage any way, as they will answer it
" at their perils ; but, upon the like charge and pain, to use the best means
" they can for their apprehension and keeping them in safe custody,
" which we will take as an acceptable service.

" Given at Greenwich, the 4th day of June, 1611 (per Ipsnm Regem)."
— Rymer's ' Fcedera.'

CHAP. II. SHE IS SENT TO THE TOWER. 319

in her until such time as we shall hear farther from your
Lordship. I humbly rest,

" Your Lordship's humbly to command,

" GRIFFEN COCKETT.

" From aboard the ' Adventure,' off
his Majesty's Downs, 5th June, 1611."

In the Earl of Salisbury's handwriting, —

" The Admiral is Sir W. Monson, whom we implored.

« R. S."

" For his Majesty's especial service.

" To the Right Honourable the Lord High Admiral of England, my very

good Lord and master.

" Haste, haste, haste,
" Post haste, haste,
" Post haste.
" For your life.

" Downes, 5th June, o'clock afternoon 8." l

This letter was followed by one from Sir Wm.
Monson to the Privy Council asking for orders re-
specting the disposal of Lady Arabella : —

" Sir William Monson to my Lord concerning the negligence

of the Postmasters.

" 6th June, 1611.
" Right Honourable,

" I doubt not but that your Lordship hath received two
letters directed from the master of my ship, the one to my Lord
Admiral, the other to me, wherein your Lordship may be ad-
vertised in the manner of the taking my Lady Arbella. My-
self hath been at sea some time in calm weather, in a light horse-
man off Gravesend. When it blew I took the next ketch or
fisherman I could meet withal, and. meeting the ' Charells ' at
sea, I have sent her for the coast of Flanders, and hearing the
* Adventure ' was so quickly returned into the Downs, gave

1 Bibl. Harl., 7003, No. 128.

320 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

me assurance she had met with the Lady Arbella, which made
me hasten thither with all speed ; and though, as I said before,
the master had acquainted my Lord Admiral therewith, yet I
thought it my duty not to direct my letter to any but your
Lordship, and expect his Majesty's directions how to dispose
of my Lady, for that I am unwilling that she should go ashore
until I have further authority, but in the mean time she shall
not want anything the shore can afford, or any other honour-
able usage. It is bootless to trouble your Lordship with any
further relation, seeing the service is performed I hope to his
Majesty's content, but I must not omit to acquaint your Lord-
ship with the negligence of the postmasters in carrying my first
packet. Your Lordship shall know in whom was the fault, and
I hope he shall be punished accordingly; and in the mean time,
with remembrance of my service to your Lordship, and my
prayer to God for his Majesty's long happiness, I humbly take
my leave.

" Your Lordship's in all service to be commanded,

" WILLIAM MONSON.

" I am forced to use the help of a writer, having strained my
arm in entering of a ship, which I hope your Lordship will

excuse me for."

(Endorsed) " For his Majesty's especial service.

" To the Right Honourable and my especial good Lord, the Earl of
Salisbury, Lord High Treasurer of England.

" Haste, haste, haste,
" Post haste,
" For life,
" Life.

" Aboard the ' Adventure,' the 6th , past 11 o'clock forenoon.

" WILL. MONSON."

Lady Arabella was at once committed to the Tower.
Her aunt, Lady Shrewsbury,2 Sir James Crofts, Dr.

1 Bibl. Harl., 7003, No. 130. 2 Vide Appendix S.

CHAP. II. LADY ARABELLA'S EXAMINATION. 32 1

Mountford, Adams the minister's wife, and many other
persons concerned in or held answerable for her escape,
were sent prisoners to the Tower and to Newgate.1 The
Earl of Shrewsbury was also confined to his own house,
" but no matter was found against him."

Lady Arabella and Lady Shrewsbury were both ex-
amined before the Council previous to their committal.
The former was said " to have answered with good judg-
" ment and discretion,"3 but the latter was described
" to be utterly without reason, crying out that all is but
" tricks and giggs ; that she will answer nothing in pri-
" vate, and, if she have offended the law, she will answer
" it in public. She was said to have amassed a great
" sum of money to some ill use ; 20,000/. are known to
" be in her cash ; and that she made provision for more
" bills of exchange to her niece's use than she had
" knowledge of."4 Lady Shrewsbury seems indeed to
have acted with remarkable indiscretion during this
examination ; and by holding out as a sort of threat the
possible conversion of her niece to the Roman Catholic
religion she took the course most calculated to in-
crease those suspicions of some Popish plot that were
ever rife in James's mind. Mr. John More admits
that Lady Arabella "hath not as yet been found in-
" clinable to Popery,"5 but says, u her aunt made account
" belike that, being beyond the seas in the hands of

1 Vide Appendix S.

2 Vide Mr. John More's letter to Sir Ralph Winwood, Winwood's
' State Papers,' vol. iii. p. 282.

3 Mr. J. More's letter to Sir R. Winwood, vol. iii. p. 281.

4 Lady Arabella was found to have money and jewels on her person
when taken at sea. — Vide Appendix T ; letter from the Privy Council.

5 Mr. J. More's letter to Sir Ralph Winwood, vol. iii. p. 281.

VOL. II. Y

322 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

" Jesuits and priests, either the stroke of their arguments
" or the pinch of poverty might force her to the other
" side."1

Whilst Lady Arabella was thus captured and im-
mured within the walls of a prison which she was des-
tined never to quit, her husband, more fortunate in his
flight, had reached the opposite shores in safety. The
following letter contains the account given by the
master of the collier described by Mr. J. More, on board
of which Seymour and his cousin Edward Rodney went
after they had quitted the fishing-boat at Lee.

The Bailiff of Ipswich to the Earl of Suffolk.

" 8th June, 1611.

" Our bounden duties unto your Lordship humbly remem-
bered. We have lately certified unto your Lordship what we
could then understand touching divers persons transported in a
hoy. We desire further to give your Lordship to understand
that the hoy is now returned again this afternoon, and the
master and his company being bound towards Newcastle, and
hearing at sea that inquisition was made for such persons as
they transported, they have put into the harbour and repaired
unto the town, whom we have made stay off until your Lord-
ship's pleasure be further known. Upon examination of the
master, he acknowledgeth that he, coming down the Thames upon
Tuesday morning about the day breaking, about three miles be-
neath Lee, a fisher-boat made after him and brought aboard of
him four men, — the one a gentleman in a suit of red satin laid
with silver and gold lace ; another a younger man, in a suit of
murry- coloured stuff; a third a Frenchman ; and the fourth a
serving-man. The first party, being asked his name, said it was
Rodney, and conferred with the master of the hoy to carry them to
Calais, agreeing to give him for the same 40/., and so, coming

1 Lady Shrewsbury remained a prisoner during two years.

CHAP. II. SEYMOUR'S ESCAPE. 323

down the Thames, before they came at a place called the Buoy,
at the Oes edge, a French bark came somewhat near unto
them, which the said Rodney espying, desired to speak unto
them. But the master answered he could not now, but if
they anchored anything near he would send his boat aboard
the same ; soon after which, about Tuesday at noon, the hoy
came to an anchor at the Buoy, and within a quarter of an hour
the Frenchman cast anchor about a mile and a half from them ;
whereupon Rodney desired that the hoy's boat might carry the
foresaid Frenchman to the French bark to speak with one in the
same, for he thought it was a vessel which should have carried
him over sea. Whereupon the master and some of his company
carried that Frenchman aboard the French vessel, who then
went into a cabin with one of the ship who seemed a passenger ;
and the master of the hoy, looking into the French bark, saw
in the same a woman sitting upon the hatches in a waistcoat
and a petticoat, apparelled like a Frenchwoman, and the French-
man came presently back again into the boat and returned
into the hoy. And in the same Tuesday afternoon, the wind
standing cross to go for Calais, the hoy put into Harwich upon
Tuesday night, but the French bark still continued at anchor.
The hoy being thus put in near Harwich, Rodney desired the
master to set him over into some part of the Low Countries
where the wind would best serve. Upon Thursday morning they
set sail, intending to go for Middleborough, but Rodney desired
to go for some place more southerly, and so they bent towards
Ostend, within a mile of which they landed upon Friday morning
about eight of the clock, and went towards the town. A little
before the landing, one of the ship asked the young gentleman
what his name was. He told him it was William Sea. But
from the first time of their coming aboard to the landing, Rod-
ney affirmed that he went away only upon a quarrel, and for
no other cause. The master received pay for his voyage, and
so came back again, of whom, with most of his company, we
have made stay until we receive further direction from your

324 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

Lordship touching them. The master of the hoy hath de-
livered to us a letter which (he saith) he received of Rodney
at his parting, the which we here, enclosed, send unto your
Lordship. And so, craving pardon for this troublesomeness, we
humbly leave your Lordship to the blessed protection of the
Almighty,

" And always rest,

" By your Lordship to be commanded,

" WILLM. SPARROW.

"WiLLM. CAGE.
" Ipswich, this Saturday afternoon, the

eighth day of June 1611.

" To the Right Honourable our very good
Lord the Earl of Suffolk

give this." l

However much the wrath, and even alarm, of James
might have been excited by the concerted escape of the
prisoners, the family of Seymour, already too well ex-
perienced in the consequences of royal displeasure,
must have been still more deeply afflicted by this bold
resistance to the sovereign will. On the day after
their flight, Mr. Francis Seymour, younger brother of
William, despatched by express the following letter to
his grandfather, giving a detailed account of all that
had occurred: —

Mr. Francis Seymour 2 to the Earl of Hertford.

" 4th June, 1611.
" My most honourable and dear Lord and Grandfather,

" Lately (I may say unfortunately) is my brother escaped
out of the Tower. He went out disguised in mean apparel, as

1 Bibl. Harl., 7003, No. 132.

2 Third son of Edward Lord Beaucharnp, who died in August, 1618.
He was knighted, and on the 19th February, 16th Charles I., was made
Baron Seymour of Trowbridge.

CHAP. II. LETTER TO LORD HERTFORD. 325

I hear since, about four o'clock in the afternoon upon Mond y,
being the 3rd of June. His lady also went the same night at
six o'clock, disguised in man's apparel. Whither they are gone
it is not certain. My cousin Edward Rodney is gone with
them. Who besides is gone I know not, but there are missed
Edward Reeves, one of my brother's men, and a gentlewoman
of hers, and Mrs. Crompton. Edward Rodney left a letter
behind him to be delivered unto me, which letter I received upon
Tuesday following at eight o'clock. The contents of it was
this : — He desired me to excuse him in he did not acquaint
me with his unfortunate business (as I may well term it) ;
besides that they had resolved to tell it none, by which
means they might the better keep it from your Lordship,
knowing your Lordship would presently have acquainted the
King therewith. This was the main scope of his letter, which
I had no sooner received but I presently mistrusted that which
in less than half an hour after I found to be most true, which
was that my brother was gone. Myself being come to his
lodging, I asked his man for him, who told me that he had not
slept of all that night, and that he would not that morning be
troubled. I was not therewith satisfied, telling him that I

must and would see him, which when he perceived he could
not resist, he confessed the truth, which he had no sooner
done, but at the very same instant comes the Lieutenant, to
whom I showed this letter of Edward Rodney, which I had in-
tended presently to have showed my Lord Treasurer. The
Lieutenant being acquainted herewith went straight to Green-
wich. I went with him, and, being unto my Lord Treasurer's
chamber, the Lieutenant was sent for in, where he did deliver
the letter unto my Lord Treasurer : myself having waited half
an hour without, and not being asked for, went and stayed
two hours in the King's presence. In the mean time, after they
had been with the King, they went to London, which I Knew
not till they were gone. The King, hearing I was there, sent
one unto me to command me to go to London unto the Coun-

326 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

cil. Sir Thomas Comwallis was commanded to go with me,
to whom I am much beholding for his love. Being come before
the Council, I was first examined by my Lord Treasurer, How
I came by the letter ? and 2nd, Why I did not presently upon the
receipt of this letter, before my going unto the *, acquaint
him with it? 3rd, Whether Ed. Rod. had not lain with me
the night before ? 4th, What conference we had that night ?
and lastly, If I knew not whither they were gone ? To the first
I answered, — From one Mr. Robert Stafford on Tuesday
morning. To the second, — That the letter did not directly say
my brother was gone, howsoever there was some presumption
of it ; but before I would be the reporter of a matter of that
consequence I would be sure of it, which had I not seen with
my eyes I should never have believed it. The third I denied
it not. To the fourth I denied that he spake any word to me
concerning this business. We had often lain together, and
were near kinsmen. Unto the last I answered that I knew
not where he were, nor whither he would. Having been exa-
mined, they willed me to keep my lodging in your Lordship's
house till I heard further from them. Of this I have made
bold to acquaint your Lordship, on whom I had waited
Thursday night had not this happened in the mean time.
Thus at this time I most humbly take my leave from Hertford
House, in Channon Row, the 4th of June 1611.

" Your Lordship's most obedient child,

" F. SEYMOUR.

" To the Right Honourable my very sin-
gular good Lord and Grandfather, the
Earl of Hertford,

These."

(Endorsed) " My nephew Francis Seymour his letter ;
received at Letley Wednesday night,
at eleven of the clock at night, the 5th of June, 1611." l

Bibl. Birch, 4161, No. 69.

CHAP. II. LETTER TO THE LORD TREASURER. 327

What communication took place with any other
members of the family, either with Lord Beauchamp,
the father of William Seymour, or with his elder
brother Edward, does not appear ; but Lord Hertford
immediately forwarded his grandson's letter to the Earl
of Salisbury, accompanied by one from himself.

Edward Earl of Hertford to the Lord Treasurer the Earl of

Salisbury.

" 6th June, 1611.
" My Lord,

" This last night at eleven of the clock, ready to go to
bed, I received this letter from my nephew Francis Seymour,
which I send your Lordship here enclosed ; a letter no less
troublesome to me than strange to think I should in these my
last days be grandfather of a child that, instead of patience
and tarrying the Lord's leisure (lessons that I learned and
prayed for when I was in the same place L whereout lewdly
he is now escaped), would not tarry for the good hour of
favour to come from a gracious and merciful king, as I did,
and enjoyed in the end (though long first), from a most worthy
and noble Queen, but hath plunged himself farther into his
Highness's just displeasure. To whose Majesty I do by these
lines earnestly pray your Lordship to signify most humbly from
me how distasteful this his foolish and boyish action is unto
me ; and that, as at the first, upon his examination before
your Lordships, and his Majesty afterwards, nothing was more
offensive unto me, misliking altogether the unfitness of the
match, and the handling of it afterwards worse, so do I con-
demn this as worst of all in them both. Thus, my Lord, with
an unquiet mind to think (as before) I should be grandfather
to any child that hath so much forgotten his duty as he hath

1 For marrying the Lady Catherine Grey, sister of Lady Jane Grey.

328 LIFE OF MARQUIS OF HERTFORD. CHAP. II.

now done, and having slept never a wink this night (a had
medicine for one that is not fully recovered of a second great
cold I took), I leave your Lordship with very loving com-
mendation to the heavenly protection. From Letley, this
Thursday morning, at four o'clock, the 6th of June, 1611.
" Your Lordship's most assured loving friend,

" HERTFORD.

" Postsc. — As I was reading said nephew's letter, my sise1 took
(as your Lordship may perceive) unto the bottom of the
letter ; but the worst missing that is burnt was Tower •, to
acquaint,

To the Plight Honourable my very good
Lord the Earl of Salisbury, Lord High

Treasurer of England."3

1 Syse, wax candell, bougee. — Vide Palsgrave's ' Eclaircissement de la
Langue Francaise.' Printed at London in 1530.

2 In Mr. Disraeli's * Curiosities of Literature ' is to be found the
following passage : — " The family of the Seymours were in a state of
" distraction ; and a letter from Mr. Francis Seymour to his grandfather
" the Earl of Hertford, residing then at his seat far remote from the
" capital, to acquaint him of the escape of his brother and the lady, still
" bears to posterity a remarkable evidence of the trepidations and con-
" sternation of the old Earl : it arrived in the middle of the night, ac-
" companied by a summons to attend the Privy Council. In the perusal
" of a letter written in a small hand, and filling more than two folio pages,
" such was his agitation, that, in holding the taper, he must have burnt

what he probably had not read ; the letter is scorched, and the flame has
perforated it in so critical a part, that the poor old Earl journeyed to
town in a state of uncertainty and confusion." — p. 362, tenth edition.
It is difficult to understand what could have led the author of this work
into drawing conclusions so strangely at variance with the fact. The ori-
ginal letter is still to be seen at the British Museum ; and the extent of
damage occasioned by the candle is represented by the asterisks in Francis
Seymour's letter (p. 326). But so far was Lord Hertford from being igno-
rant of the contents of the letter, that he recapitulates its information to
Lord Salisbury ; and so far from being in any uncertainty as to the missing
words, he actually states what they were.
3 Bibl. Birch, 4161, No. 71.

CHAP. II. LORD HERTFORD SIDES WITH THE COURT. 329

Lord Hertford was summoned to the Court,1 but it
is to be presumed that James was satisfied that he had
in no way participated in the errors of his grandson, for
no further steps appear to have been taken either
against the Earl or any other members of the Seymour
family. So completely indeed did the fear of the Court
outweigh the influence of even natural affections, that
Lord Hertford showed himself more anxious to join
in the condemnation of his own near relation, than to
endeavour to mitigate the anger of the King, or offer
any palliation of a fault to which he of all others might
have been expected to be lenient. About three weeks
after his escape Lord Hertford2 enclosed to Lord
Salisbury, for his approval, " the draft of a letter
" to his unfortunate, disobedient grandchild William
" Seymour." Lord Salisbury approved it, and pro-
mised to forward the letter. The draft is not preserved,
but there can be little doubt as to the tone and purport
of a letter which at that moment received Lord Salis-
bury's sanction and approval.

1 " The old Earl of Hertford is sent for to Court, and if he be found
" healthful enough to travel he must not delay his coming." — Letter of Mr.
J. More to Sir R. Win wood, Win wood's ' State Papers,' vol. iii. p. 282.

2 State Paper Office, July 26, 1611.

330 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

CHAPTER III.

Lady Arabella repeatedly petitions the'King to release her from Prison —
She becomes insane — The Council instruct Dr. Fulton to visit her —
She dies in the Tower — Reasons of the King's fear of Lady Arabella —
Her descent from Queen Margaret — Her English education — Her
marriage with Seymour, a descendant of Lady Catherine Grey — Her
supposed leaning to Catholicism — The reception of Seymour at the
Court of the Archdukes — Sevmour removes to France, but afterwards

is permitted to return to Flanders — After Lady Arabella's death he
petitions for leave to return to England — The permission is granted,
and he returns — He marries Lady Francis Devereux, and succeeds
to the Earldom of Hertford on the death of his grandfather.

SEYMOUR found a friendly asylum at Brussels, at the
Court of the Archdukes Albert and Isabella, whilst
Lady Arabella was doomed to languish in prison, with
no other comfort than the recollection of the transient
happiness she had enjoyed with her husband, and
cheered only by the faint hope, never destined to be
realized, of pardon from the King. Her often repeated
entreaties for mercy present a picture of human suffer-
ing and of human obduracy which even at this distant
period cannot fail to enlist the sympathy of every reader,
whether from compassion or from indignation. The
absence of dates prevents these documents being given
in any regular order ; but their existence has preserved
the knowledge of the piteous supplications that were
offered to and rejected by her kinsman.

To the Queen she always addressed herself as if

CHAP. III. LADY ARABELLA'S PETITIONS. 33 1

confident of her kindly disposition towards her ; the
following letter would seem to allude to a time when
some general pardon had been granted :! —

Lady Arabella to the Queen.

" May it please your most excellent Majesty

" To consider how long I have lived a spectacle of
his Majesty's displeasure, to my unspeakable grief ; and out of
that gracious disposition which moveth your royal mind to
compassion of the distressed, please it your Majesty to move
his Majesty in my behalf.

" I have presumed to present your Majesty herewith the
copy of my humble petition to his Majesty at this time when
his Majesty forgiveth greater offences, though your Majesty's
intercession at any time, I know, were sufficient. Thus hath
my long experience of your Majesty's gracious favour to me
and good causes encouraged me to presume to address myself
unto your Majesty, and increased the obligation of my duty in
praying continually unto the Almighty for your Majesty's
felicity, in all things and all humility to remain

" Your Majesty's."

Three other letters, addressed to persons whom she
seems to consider to have influence, but whose names
are not mentioned, are in the same strain : —

" My Lord,

" My extremity constraining me to labour to all my
friends to become suitors to his Majesty for his pardon of my
fault, and my weakness not permitting me to write particularly,
I have made choice of your Lordship, humbly beseeching you

1 This may possibly have been the case when the Princess Elizabeth
was married to the Elector Palatine.

2 Bibl. Birch, 4161, No. 32.

332 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

to move as many as have any compassion of my affliction to
join in humble mediation to his Majesty to forgive me, the most
penitent and sorrowful creature that breathes.

" Your distressed cousin,

" A. S."

Arabella Seymour to , soliciting the person she writes to

to use his interest with Lord Northampton to intercede for her
with the King after her marriage with the Earl of Hertford.

" Sir,

" Though you be almost a stranger to me, but only by
sight, yet the good opinion I generally hear to be held of your
worth, together writh the great interest you have in my Lord
of Northampton's favour, makes me thus far presume of
your willingness to do a poor afflicted gentlewoman that good
office (if in no other respect yet because I am a Christian) as
to further me with your best endeavours to his Lordship that
it will please him to help me out of this great distress and
misery, and regain me his Majesty's favour, which is my
chiefest desire. Wherein his Lordship may do a deed accept-
able to God and honourable to himself ; and I shall be infi-
nitely bound to his Lordship and beholden to you, who now,
till I receive some comfort from his Majesty, rest the most
sorrowful creature living.

" ARABELLA SEYMOUR." 1

Lady Arabella to .

" My Lord,

" The nobleness of your nature, and the good opinion
it hath pleased your Lordship to hold of me heretofore, em-
boldeneth me to beseech your Lordship to enter into considera-

1 Cotton MSS., Vespasian, vol. iii. f. 35, holograph.

CHAP. III. LADY ARABELLA'S PETITIONS. 333

tion of my distress, and to be touched with the misery I am
in for want of his Majesty's favour, whose clemency and mercy
is such that if it would please you to make my grief known,
and how nearly it toucheth my heart that it hath been my hard
fortune to offend his Majesty, I cannot doubt but it would
procure me both mitigation of the hard doom, and mercy in
some measure, to yield comfort to my soul, overwhelmed with
the extremity of grief which hath almost brought me to the
brink of the grave. I beseech your Lordship deal so with me as
my prayers may procure you God's reward for what you do for
his sake ; which, though it be but a cup of cold water (I mean any
small hope of mitigation of his Majesty's displeasure), shall
be most thankfully received by me : and I doubt not but, if it
please your Lordship to try your excellent gifts of persuasion,
his Majesty will lend a gracious ear to your Lordship, and I
shall rest ever bound to pray for your Lordship's happiness,
who now myself rest the most unfortunate and afflicted creature

living.

"A. S."1

A letter addressed to Mrs. Drummond alludes to
some token of royal favour which induced Lady Arabella,
to venture, through her, to present some gloves which
she had worked for the King.2

" To my honourable good cousin, Mrs. Drummond.

" Good Cousin,

" I pray you present his Majesty my most humble
thanks for the token of the continuance of his Majesty's favour
towards me that I received in your letter, which hath so
cheered me as I hope I shall be the better able to pass over
my sorrow (till it please God to move his Majesty's heart to
compassion of me), whilst I may thereby assure myself I re-

1 Bibl. Harl., 7003, No. 104.

2 Vide Appendix U, Mrs. Drammond's letter to Lady Arabella ; also
another letter of petition from Lady Arabella.

334 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

main in his Majesty's favour, though all other worldly com-
forts be withdrawn from me ; and will not cease to pray to the
Almighty to reward his Majesty for his gracious regard of me
in this distress with all happiness to his Royal self and his.
I pray you likewise present his Majesty this piece of my work,
which I humbly beseech his Majesty to accept in remembrance
of the poor prisoner his Majesty's most humble servant that
wrought them, in hope those Royal hands will vouchsafe to
wear them, which till I have the honour to kiss. I shall live in
a great deal of sorrow. I must also render you my kindest
thanks for your so friendly and freely imparting your opinion of
my suit. But whereas my good friends may doubt my said
suit will be more long and difficult to obtain than they wish by
reason of the wisdom of this state in dealing with others of my
quality in the like cause, I say that I never heard nor read of
anybody's case that might be truly and justly compared to
this of mine, which, being truly considered, will be found so
far differing as there can be no true resemblance made thereof
to any others ; and so I am assured that both their Majesties
(when it shall please them duly to examine it in their princely
wisdoms) will easily discern. And I do earnestly entreat you
to move his Majesty to vouchsafe the continuance of his so
gracious a beginning on my behalf, and to persuade his Majesty
to weigh my cause aright, and then I shall not doubt but
speedily to receive that Royal justice and favour that my own
soul witnesseth I have ever deserved at his Majesty's hands,
and will ever endeavour to deserve of him and his whilst I
have breath. And so, with many thanks to yourself for your
kind offices, I take leave and rest

" Your very loving cousin,

"ARABELLA SEYMOUR.

" To my honourable good cousin,

Mrs. Drumrnond." l

This humble offering of her own work was rejected.

1 Bihl. Karl., 7003, Xo. 66.

CHAP. III. LADY ARABELLA'S PETITIONS. 335

Lady Arabella suspected that Lord Fenton had been
instrumental in its rejection, and seems to have written
the draft of a letter under the excitement of that
opinion, and the disappointment of finding the King
still implacable towards her. Whether this draft was
corrected by herself or by another, it is clear, by the
passages crossed out when compared with those written
fair, that the corrections were made in a calmer mood
than those first written.

Lady Arabella to the Lord Viscount Fenton.

"My Lord,

" The long acquaintance betwixt us, and the good ex-
perience of your honourable dealing heretofore, maketh me not
only hope but be most assured that if you knew my most dis-
comfortable and distressed estate you would acquaint his
Majesty with all, and consequently procure my relief and re-
dress, as you have done other times. I have been sick even to
the death, from which it hath pleased God miraculously to
deliver me for this present danger, but find myself so weak,
bi/ reason I have wanted those ordinary helps whereby most
others in my case, be they never so poor or unfortunate soever,
are preserved alive at least for charity, that, unless I may be
suffered to have those about me that I may trust, this sentence
my Lord Treasurer pronounced after his Majesty's refusing
that trifle of my work by your persuasion, as I take it, will prove
the certain and apparent cause of my death, whereof I thought
good to advertise you that you both may be the better prepared
in case you or either of you have possessed the King with such
opinions of me} as thereupon I shall be suspected and restrained
till help come too late ; and be assured that neither physician nor
other but ivhom I think good shall come about me whilst I live
till I have his Majesty's favour, without which I desire not to

336 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

live; and if you remember of old I dare die, so I be not guilty of
my own death, and oppress others with my ruin too, if there be
no other way, as God forbid, to whom I commit you, and rest as
assuredly as heretofore if you be the same to me,

Your Lordship* s faithful friend,

A. S.

I can neither get clothes nor posset ale, for example, nor any-
thing but ordinary diet and complement fit for a sick body in my
case when I call for it, not so much as a glister, saving your re-
verence,1 that, unless it please his Majesty to show me mercy,
and that I may receive from you at least some hope of regain-
ing his Majesty's favour again, it will not be possible for me
to undergo the great burthen of his princely displeasure.
Good my Lord, consider the fault cannot be uncommitted,
neither can any more be required of an earthly creature but
confession and most humble submission, which, if it would please
your Lordship to present to his Majesty, I cannot doubt but
his Majesty would be pleased to mitigate his displeasure, and
let me receive comfort, which favour if I may obtain from your
Lordship now in my greatest necessity, I shall ever acknow-
ledge myself bound to you for it, and the rest of my life shall
show how highly I esteem his Majesty's favour. The Almighty
send to your Lordship health, and make you his good means to
help me out of this great grief!

" Your Lordship's most distressed friend.

" To the Right Honourable
the Viscount Fenton." 2

Other petitions addressed to the King mark the same
tone of wretchedness and supplication, and met with no
better success : —

1 The part printed in italics is crossed out in the original.

2 Bibl. Harl., 7003, Kb. 153.

CHAP. III. LADY ARABELLA'S PETITIONS. 337

Lady Arabella to the King.

"May it please your most excellent Majesty,

" The unfortunate estate into which I am fallen by
being deprived of your Majesty's presence (the greatest comfort
to me upon earth), together with the opinion is conceived of
your Majesty's displeasure towards me, hath brought as great
affliction to iny mind as can be imagined. But I will trouble
your Majesty no longer, but, in all humility attending your
Majesty's pleasure for that liberty the want whereof depriveth
me of all health and all other worldly comforts, I will never
forget to pray for your Majesty's most happy prosperity for ever
in all things, and so remain

" Your Majesty's most humble and faithful

subject and servant."

The following letter betokens still greater despair,
and is the only one in which the sense of her misery
wrung from her an expression bordering on regret even
for the event which had brought down upon her the
King's displeasure :-

Lady Arabella to the King.

" In all humility, the most wretched and unfortunate
creature that ever lived prostrates itself at the feet of the most
merciful king that ever was, desiring nothing but mercy and
favour, not being more afflicted than for the loss of that which
hath been this long time the only comfort it had in this world ;
and which, if it were to do again, I would not adventure the
loss of for any other worldly comfort. Mercy it is I desire,
and that for God's sake."

By the frequent mention of sickness and weakness it
is clear that her health declined under the baneful in-

1 Bibl. Birch, 4161, No. 36. 2 Ibid., No. 61.

VOL. II. Z

338 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

fluence of sorrow and captivity ; her mind also suffered
from these trials, her reason gave way, and she became
insane. To what degree she was affected, whether per-
manently or only at times, or what form her mental
malady assumed, is not known ; it may have diminished
her sufferings by delusion or forgetful ness of the truth,
— it may have added horrors or morbid melancholy to
her real afflictions : all that is known of her state is from
the meagre notices contained in a letter from John
Chamberlayne to Sir Ralph Winwood,1 dated March
10th, 1612-13, in which he writes, "The Lady Ara-
" bella is said to be distracted, which (if it be so) comes
well to pass for somebody, whom they say she hath
nearly touched."2 And again, in a letter dated May,
1613, when he says, "The Lady Arabella is likewise
" restrained of late, though they say her brain continues
" still cracked ; and the Countess of Shrewsbury more
" close than at any time before, and not without cause,
" as the voice goes."3

The year afterwards her melancholy condition of
body and mind determined the Privy Council to send a
clergyman to visit and comfort her from time to time.
The following minute of a letter addressed to Dr.
Fulton by the Privy Council confirms the fact of her

1 Winwood's ' State Papers,' vol. iii. p. 442.

2 This is supposed to relate to the Countess of Shrewsbury. A short
time before (Jan. 29, 1612-13), Mr. Chamberlayne writes thus to Sir R.
Winwood : — " The Lady of Shrewsbury, that hath been long in the Tower,
" and had the liberty of the place, and sometimes to attend her Lord in his
" sickness, is now of late restrained and kept more close, upon somewhat
" discovered against her, as they say, by her niece the Lady Arabella." —
p. 429.

3 Winwood's ' State Papers/ vol. iii. p. 454.

CHAP. III. SHE BECOMES INSANE. 339

alienation of mind, yet certainly implies that her malady
had not assumed the form either of frenzy or of idiotcy,
which would have rendered such visits too useless to be
attempted i1 —

Privy Council to Dr. Fulton, 8th September, 1614. Minute.

" A Letter unto Mr. Doctor Fulton.

tf Whereas we are informed that the Lady Arbella,
prisoner in the Tower, is of late fallen into some indisposition
of body and mind, and that it is requisite that some person of
gravity and learning be admitted unto her, to give her that
comfort as is expedient for a Christian in cases of weakness and
infirmity : we have therefore thought meet, out of our know-
ledge and experience of your sufficiency and discretion, hereby
to pray and require you to make your speedy and undelayed
repair unto the Tower, and to give her such spiritual and
fitting comfort and advice as you shall see cause ; and so to
visit her from time to time as in your judgment shall be thought
fit. And this letter being showed unto the Lieutenant shall be
your sufficient warrant in that behalf. And so, &c."2

This is the last certain information that remains of

1 Miss Costello, in a work entitled ' Lives of Eminent Englishwomen,'
speaks of Lady Arabella as " raving in her dismal cell, a maniac, and un-
" pitied ;" and of having " afterwards sunk into helpless idiotcy." —
vol. i. p. 321. For this account of the course of her malady no authority
is quoted ; and none that is open to the public affords such details, or sup-
ports the graphic description given in the same work, of an examination
before the Council, " where her hearers were desirous to find matter of
" punishment in her words," and " when her judges were at length con-
" vinced they were listening to the ravings of insanity ;" and then, " awe-
" struck by the catastrophe, neither the King nor his ministers dared pro-
" secute inquiry further." There seems to be no other foundation for the
idea that Lady Arabella made any revelation concerning her aunt beyond
the vague expression of Chamberlayne's, quoted in a preceding note
(p. 237).

2 Council Reg., Jac. I., vol. i. fol. 205.

z 2

340 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

Lady Arabella's condition. It was about a twelve-
month afterwards that death put an end to the sufferings
of this unhappy lady ; she expired in the Tower in the
month of September, 1615, and on the 27th was interred,
by order of the King, in Westminster Abbey.1 The
death of Lady Arabella seems to have been followed by
the suspicion that she was poisoned — a suspicion, indeed,
which in those days seems to have generally attended
the death of every person of exalted position, especially
if it took place in a state prison ; but the precaution
usually taken by the Court in such cases was adopted,
and as soon as her death was known the Secretary
of State directed a warrant for a post-mortem examina-
tion of the body. The opinion delivered by the phy-
sician, after a careful examination, was, that the cause of
death was a confirmed disease of the liver.2

1 Some curious letters respecting Lady Arabella's goods after her im-
prisonment and death, and Mr. Seymour's claims against the Lieutenant
of the Tower, are preserved in the Council Office. — Vide Appendix V.

2 " To my very loving friend, the President of the College of Physicians

in the City of London.

" After my hearty commendations : whereas the Lady Arabella is lately
" deceased in the Tower, and that it is his Majesty's pleasure, according
to former custom upon like occasions, when persons of great quality do
die in that place, her body should be viewed by persons of skill and
trust, and thereupon certificate to be made of what disease she died, as
to their judgment it shall appear ; these are, therefore, to will and require
you to appoint some three physicians of your Society, of good reputation,
" as well for their learning as otherwise, who, together with the physicians
" of the said Lady Arabella, shall presently repair unto the Tower, and
" there view and search the corpse of the said Lady, and to return jointly
" their opinion unto me of the nature of the disease whereof she died, that
" we may acquaint his Majesty therewithal. And so I bid you heartily
" farewell.

" From the Court at Whitehall, this 27th of September, 1615.

" Your loving friend,

" RALPH WIN WOOD."

The

CHAP. III. SHE DIES IN THE TOWER. 341

Thus closed the life of one who termed herself "the
" most wretched and unfortunate creature that ever
u lived ;" her happiness, her liberty, her health, and her
reason, seem to have fallen a sacrifice to the cruel fate
imposed upon her and her husband by the arbitrary
exercise of kingly power. The question that naturally
suggests itself is, what was the motive that induced
James, in spite of the manifest injustice of such conduct,
in spite of the ties of blood, in spite of the most humble
and penitent acknowledgment of error, and the most
frequent and urgent supplications for mercy, to have
pursued a course of such unrelenting severity towards
his unhappy cousin from the period of her marriage
being discovered?1 Was it anger, or was it fear?
Anger, no doubt, in the first instance, would have sug-
gested the punishment, even the severe punishment, of
both the objects of his resentment ; but anger, unaccom-
panied by any other motive, was not likely for so long
a period to influence the conduct of one who was rather
mean, cunning, and politic than violent or vindictive.

The opinion of the physicians as to the cause of death was : — " A long
" chronical sickness ; that the species of her disease was a cachexy, which,
" daily increasing (partly "by her own neglect, and partly by her aversion
" to medicine), did at length bring her into a confirmed indisposition of
" her liver, and extreme leanness, from which causes death must needs
" ensue." This Eeport was signed by the President, Eegister, and four
Fellows of the College. — Dr. Goodall's 'Proceedings against Empirics,
p. 381. Biographia Britannica, vol. i. p. 229.

1 Dr. Goodman, Bishop of Gloucester, mentions " Lady Arabella's
•'' usage and imprisonment only for her marrying the now Earl of Hert-
" ford, which match could be no disparagement to her nor to her royal
" kindred, but was every way a fit and a convenient match. She was a
" very virtuous and a good-natured lady, and of great intellectuals, harm-
" less, and gave no offence." — Goodman's ' History of his own Times,'
vol. i. p. 209.

342 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

The fears and suspicions that attend a doubtful suc-
cession have been the causes generally attributed to
James for his harsh treatment of Lady Arabella, and it
is thought that, like his predecessor, he entertained a
jealous apprehension of the marriage of those who were
nearly related to him. James, however, had little or
no real ground of alarm from Lady Arabella's here-
ditary pretensions to the throne ; she could have no
claim by descent that was not inferior to his own.

Arabella was descended like himself from Margaret,
Queen of Scotland, the eldest daughter of Henry VII. ;
but James was the lineal descendant of the eldest son
of her first marriage,1 whilst Lady Arabella was the
descendant of the daughter of her second marriage;2
therefore, independently of that uncertain sign made by
Elizabeth on her deathbed,3 and which was accepted as
a token that she wished to name James for her suc-
cessor, he had over Lady Arabella the double superiority

1 Henry VII.

James IV. of = Margaret = Douglas, Earl of Angus.
Scotland. j

Margaret = Matthew Earl of Lenox.
James V.

Mary Queen = Henry Damley. Charles Earl of Lenox,

of Scots. | |

James VI. Arabella Stuart,
and 1. of England.

2 The still nearer relationship that existed between Arabella and the
King (that of first-cousin) by the marriage of her uncle, Henry Darnley,
to Mary Queen of Scots, in no way affected her position respecting the
throne.

3 On Wednesday, the 23rd of March, the Queen grew speechless. That
afternoon, by signs, she called for her council, and, by putting her hand to
her head when the King of Scots was named to succeed her, they all knew
he was the man she desired should reign after her. — Memoir of Robert
Carey, Earl of Momnouth, 8vo. ed. 1808, p. 119.

CHAP. III. HER CLAIMS TO THE THEONE. 343

of claim that arose from primogeniture and the pre-
ference of heirs male over female in the succession to
the throne.

Lady Arabella was brought up in England under the
care of her maternal grandmother, Elizabeth Countess
of Shrewsbury, and from this circumstance she derived
the only advantage she could be supposed to have over
the King of Scotland, an advantage which seems to
have been felt and noticed during the reign of Eliza-
beth. "It is alleged in her behalf," says Father
Parsons,1 " that she is an Englishwoman, born in Eng-
" land, and of parents who at the time of her birth
" were of English allegiance, wherein she goeth before
" the King of Scots as hath been seen .... by her
" admission no such inconvenience can be feared of
" bringing in strangers, or causing troubles and sedition
" within the realm, as in the pretence of the Scottish
" King hath been considered, and this in effect is all
" that I have heard alleged for her."2

This real or supposed advantage had certainly not
been overlooked by Elizabeth. She considered the
throne as within her own power of bequest ; and the
custody of Arabella was a useful hint to the cautious
James not to provoke her displeasure. James made a
fruitless attempt to emancipate Lady Arabella from the

1 Father Parsons, a celebrated English Jesuit, was the son of a black-
smith, at Nether Stowey, near Bridge water, in Somersetshire, where he was
born 1546, died 1610. He published several works under the assumed
name of E. Doleman. Of these the most celebrated was his Treatise,
published in 1594, entitled ' A Conference about the next Succession to
the Crown of England.'

2 Vide Doleman's ' Conference,' part ii. cap. v. pp. 124-5.

344 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

Court of England, by asking her hand in marriage for
his cousin Esme Duke of Lenox. Elizabeth haughtily
refused her consent to this proposal,1 and retained her
within her own dominions.2 But James, once seated
on the throne, and therefore safe from any capricious
exclusion by the will of his predecessor, had no cause
to look upon Arabella as one of rival pretensions. 3

With the descendants of Mary Duchess of Suffolk
the case was different ; their claims to the throne rested
not on similar but on opposite grounds to his own. By
the will of Henry VIII. the issue of his second
sister, Mary Duchess of Suffolk, had precedence in
succession over the descendants of his elder sister,
Margaret of Scotland. The will of Henry VIII.
was solemnly read in the House of Lords immediately

1 " In the seventh article of Mr. Ogleby's Negotiations into Spain, anno
" 1596, it is observed that the Queen of England would not deliver up to
" the King of Scots Arabella, his uncle's daughter, to be married to the
" Duke of Lenox in Scotland, at the time when the said King, having no
" issue, intended to make the said Duke his successor and heir to the
" Crown of Scotland." — Ballard's ' Memoirs of Ladies,' p. 249. It is
to be supposed, from Lady Arabella's letter to James (p. 297), that she
had been anxious to comply with his wishes respecting her marriage, as
she alludes to that subject as one on which " she had long desired to merit
of his Majesty, as appeared before his Majesty was her sovereign."

2 A proposal was afterwards made for Lady Arabella to marry a son of
the Earl of Northumberland, which, being favourably received by her
friends, so much displeased Elizabeth, that she actually placed her in con-
finement.

3 Her name was, of course, liable to be used as an object round which
sedition might rally, but to this Lady Arabella had never given any sanc-
tion ; and there is every reason to suppose that Jamea was satisfied at the
time of Sir Walter Raleigh's trial with the statement made by Cecil, that
" she was as innocent of all such things as himself or any man present,"
and with the straightforward, simple manner in which she declined being
made the tool of Ealeigh or Cobham, having only laughed at a letter she
received from Lord Cobham, and sent it to the King.

CHAP. III. HER CLAIMS TO THE THRONE. 345

after his death, and no doubt was raised against its
validity during the reign of Edward VI.1 Elizabeth,
on various occasions through life, certainly marked her
indifference to the provisions of her father's will ; but
though its validity was shaken, the claims created by it
were not extinguished and were always liable to be
reasserted: the pretensions of the Houses of Seymour
and of Stanley 2 had been boldly set forth by Father
Parsons in the reign of Elizabeth, as far superior to
those of the King of Scotland.3

An uncertain taint of illegitimacy rested on the
issue of the marriage of Lord Hertford and Lady
Catherine Grey ; their marriage had been declared no
marriage by a Commission, of which Archbishop Parker
was the head. Lord Hertford and Lady Catherine had,
however, both solemnly declared themselves to have
been married by a person in holy orders ; their difficulty
in establishing the legality of their marriage arose from
the death of their only witness, Lady Jane Seymour.
Lord Hertford appealed against the decision of the
Commission ; the opinions of learned foreign jurists

1 The genuineness of Henry VIII. 's will now remains a question
rather of antiquarian interest than of even historical importance ; but an
admirable discussion on this subject is to be found in a treatise by Alex-
ander Luder, entitled ' Tract on the Right of Succession to the Crown in
the reign of Elizabeth.'

2 Eleanor, second daughter of Charles Brandon, and Mary, sister of Henry
VIII., married Henry Clifford, Earl of Cumberland, by whom she had one
daughter, Margaret, who married Henry, fourth Earl of Derby.

3 Doleman's own conjecture as to the succession was, " that of any
" foreign princes that pretendeth the Infanta of Spain is likest to bear it
" away . . . and, on the other side, of any domestical competitors, the
" second son of the Earl of Hertford, or of the issue of the Countess o
" Derby, carrieth much show to be preferred." — Part ii. cap. x. p. 263.

346 LIFE OF MARQUIS OF HERTFORD. CHAP. 111.

were obtained, and the result of the opinions of the
learned at home and abroad l appears to have been in
his favour.2 The sentence of the Archbishop and
Commissioners was never reversed in point of form, but
it does not appear to have been acted on, inasmuch as
the eldest son bore the title of Lord Beauchamp, as the
legitimate son of his father. The sentence was probably
regarded as given under the influence or dictation of
the Court ; and had any successful effort been made to
set up the pretensions of the descendants of Lady
Catherine Grey, this decision would doubtless have

1 Vide Luder's ' Tract,' p. 213.

2 From a letter of Sir William Cecil to Sir Thomas Smith, of the 27th
April, 1564, it seems probable that the Lady Catherine and Lord Hert-
ford's imprisonments, in a measure, owed their prolongation to the mis-
taken zeal of one John Hales, who had been Clerk of the Hanaper in the
reign of Henry VIII. He says, — " Here is fallen out a troublesome fond
" matter. John Hales had secretly made a book in the time of the last
" Parliament, wherein he hath taken upon him to discuss no small matter,

viz. the title to the Crown after the Queen's Majesty ; having confuted
and rejected the line of the Scottish Queen, and made the line of the
Lady Frances, mother to the Lady Catherine, only next and lawful.
" He is committed to the Fleet for this boldness, specially because he hath
" communicated it to sundry persons. My Lord John Gray is in trouble
" also for it. Beside this, John Hales hath procured sentences and coun-
" sels of lawyers from beyond seas to be written in maintenance of the
" Earl of Hertford's marriage. This dealing of his offendeth the Queen's
" Majesty very much. God give her Majesty by this chance a disposition
" to consider hereof, that either by her marriage or by some common order
" we poor subjects may know where to lean and adventure our lives with
" contentation of our consciences." — MS. Lansd., No. 102, art. 49.
Bishop Jewell expressed himself in a similar manner upon this subject in
a letter to Peter Martyr, from Salisbury, 7th February, 1562. — From
Ellis's * Original Letters,' vol. ii. p. 285. " The Lord-Keeper Bacon, hini-
" self a known friend to the House of Suffolk, being suspected of having
" prompted Hales to write this treatise, lost much of his mistress's
" favour." — Hallam's ' Constitutional History,' vol. i. p. 174.

CHAP. III. HER CLAIMS TO THE THRONE. 347

been then as easily reversed, as it will be seen it was
afterwards, by the mere will of the Sovereign.

James might be so far indifferent to the happiness of
Lady Arabella as to trouble himself little, as she
herself expressed it, in arranging any suitable marriage
for her ; yet he had declared himself quite willing that
she should bestow herself on any subject of his : the
secret choice, however, of one who might become a
pretender to the throne was an offence which excited
his jealous alarm.1

The Catholic party was that from which James had
most to apprehend, and there was always just cause of
fear lest some pretender amongst those who by descent
or by will had any claim to the throne should serve as a
leader round whom to rally. Lady Arabella had been
suspected, though upon what grounds it is not easy now
to determine, to be lukewarm in her Protestant faith,
and easily to be perverted to Romanism.2 William

1 Vide Appendix W, ' Report from Sir George Waldegrave to the
Privy Council, and Sir James Lancaster's letter,' showing how readily the
idea of conspiracy was listened to on the utterance of words of doubtful
import.

Father Parsons thus speaks of Lady Arabella's religion in the latter
part of Elizabeth's reign : — " As to her religion, I know it not ; but pro-
" bably it can be no great motive either against her or for her ; for that by
" all likelihood it may be supposed to be as tender, green, and flexible
" yet as is her age and sex, and to be wrought hereafter and settled ac-
" cording to future events and times." — Vide Dolenian's ' Conference,'
part ii. cap. ix. p. 249. It must be remembered, however, that Doleman,
being a Catholic, might more readily lean to the idea of her easy conver-
sion. Her aunt, Lady Shrewsbury, whose participation in the secret of
the marriage caused her imprisonment with Lady Arabella, might be sup-
posed to have had much influence over her niece ; and there is reason to
think that she was a Catholic. Lady Arabella, in a letter to her uncle
the Earl of Shrewsbury, says, — " No folly is greater, I trow, than to

348 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

Seymour was young, being little more than twenty-two
years old, when first summoned to the Privy Council
on Lady Arabella's account. His religious principles,
therefore, could hardly be well known, or perhaps be
thought hardly well assured. The marriage of William
Seymour and Lady Arabella might at once unite in a
common cause not only the Catholic party and those
who held to the provisions of Henry VIII.'s will, but
those also who, holding to the succession of the de-
scendants of Margaret of Scotland, preferred to see on
the throne a Princess of the blood royal who had been
brought up in England to the stranger James. True,
such pretensions as these would have been setting at
defiance the laws of primogeniture both on the part of

" laugh when one smarteth ; but that my aunt's divinity can tell you, St.
" Lawrence, deriding his tormentors even upon the gridiron, bade them
" turn him on the other side, for that he lay on was sufficiently broiled,
" I should not know how to excuse myself from either insensibility or con-
" tempt of injuries." — Lodge's ' Illustrations,' vol. iii. p. 257. Goodman,
Bishop of Gloucester, speaks thus of James's conduct to Lady Arabella,
which he admits to deserve blame : — " Xow let us hear what King
" James said in his own defence. First, that the Lady Arabella was his
" nearest kinswoman, and therefore both in duty and respect unto him he
" should not have been neglected in a business of that high nature. Se-
condly, that she was his ward, and therefore in the course of common
" law she ought not to have disposed of herself. Thirdly, that he, out of
" his tender care and love unto her, did often proffer marriages unto her,
" and she ever said she did no way incline unto marriage ; and had she of
" herself proposed any one to the King whom she did like and affect, the
" King did promise his best endeavours to further it. Fourthly, that she
" did match with one of the blood-royal who was descended from Henry
" VII., so that by this match there was a combination of titles, which
" princes have ever been jealous of ; and considering what issue the King
"had, and that his only daughter was matched to a foreign Prince, what
" the multitude might do in such a case, and upon such an occasion, he
" thought in honesty and policy he might prevent." — Goodman's History
of his own Times, vol. i. p. 210.

CHAP. III. HER CLAIMS TO THE THRONE. 349

Arabella and of Seymour ; but James might not unna-
turally think that, should the vital question be at stake
whether the throne should be so filled as to afford pro-
tection to the Catholic or to the Protestant cause,
the minor difficulty respecting primogeniture would be
easily overcome. Singly, neither the Seymours nor
Lady Arabella were regarded by him with apprehen-
sion ; but, their fortunes united, he feared their receiving
the combined support of the enemies of his religion and
of his person, and viewed their possible pretensions with
suspicion. The alarm created by their escapes is thus
spoken of in a letter ! by a contemporary : — " The
" Scots and English differ much in opinion upon this
" point." . . . " The Scots aggravate the offence
" in so strange a manner as that it might be compared

to the Powder Treason ; and so it is said to fill his

Majesty with fearful imaginations, and with him the
" Prince, who cannot easily be removed from any
" settled opinion."

This change in Prince Henry's feelings was very
unfortunate for Lady Arabella, as he had been till now
one of her kindest friends at Court.

The protection afforded to Seymour by the Arch-
duke Albert, and the little sympathy evinced by that
Prince in James's feelings of anger and alarm, appear
to have strengthened his apprehension of Catholic
design and influence. Immediately on the discovery of
the escape of Seymour and Lady Arabella, " the King,"
says Mr. John More, in his letter to Sir Ralph Win-

1 Mr. John More to Sir Ralph Win wood. — Winwood's ' State Papers,'
vol. iii. p. 281.

u
u

350 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

wood (dated June 8th, 161 1),1 had "despatched in haste
" three letters written by Sir Thomas Lake to the King
" and Queen Regent of France, and to the Archdukes,
" all written with harsher ink than now if they were to do
" (I presume) they should be, especially that to the
" Archdukes, which did seem to presuppose their course
" to tend that way ; and all three describing the offence
" in black colours, and pressing their sending back with-
" out delay. Indeed, the general belief was that they
" intended to settle themselves in Brabant, and that
" under the favour of the Popish faction." A letter was
also written by the Lord Treasurer Salisbury to Mr.
Trumbull, Resident at Brussels, directing him to de-
mand an audience of the Archduke, in order that he
might deliver to him a letter on the subject.2 This letter
was coldly responded to by the Archduke, and Mr.
Trumbull received further instructions from the Lord
Treasurer Salisbury,3 to "carry always on Mr. Seymour
" a watchful eye, to observe what entertainment he doth
" find there, to observe how he is respected, to whom he
" most applies himself, who especially resort unto him,
" and what course he purposeth to take, either for his
" stay or his remove." Mr. Trumbull was ordered " to
" forbear both his conversation and his confidence ; ' he

1 Winwood, vol. iii. p. 280. The Archduke Albert governed the Aus-
trian Netherlands in right of his wife, Isabella, daughter of Philip II., and
they were associated together as joint sovereigns under the title of Arch-
dukes, without distinction of sex.

2 Appendix X. Letter from the Lord Treasurer Salisbury to Mr.
Trumbull. — Winwood's ' State Papers,' vol. iii. p. 278.

3 Appendix Y. The Lord Treasurer Salisbury to Mr. Trumbull. —
Winwood's * State Papers,' vol. iii. p. 282.

CHAP. III. LETTER FROM -THE ARCHDUKES. 351

was " to be to him as a Gentile, so long as he doth
" remain a, proselyte T of that country, casting away that
" duty and obedience with which he was born, and
" betaking himself to protection in those parts ;" and
moreover he was to let Mr. Seymour know that "he
" will deceive himself if ever he thinks to find favour
" whilst he liveth under any of the territories of Spain,
" Rome, or of the Archdukes ; in all which places, all
" that are ill-affected only find residence and favour."

The Archduke's ambassador to the English Court
was said to have carried himself " very strangely ever
since his arrival." He brought with him a letter from
the Archdukes in favour of Mr. Seymour, and it was
thought " no less strange than the rest " that a hope was
expressed that his Majesty would be pleased to pardon
so small a fault as a clandestine marriage, and to suffer
his wife and him to live together.3 Doubtless this
interference on the part of the Archdukes in favour of
Seymour served not only to strengthen James's resent-
ment against the unfortunate exile, but to augment his
apprehensions of Catholic intrigues.4 It was not with-
out reason that James regarded with peculiar jealousy

1 *. e. denizen.

2 Winwood's ' State Papers,' vol. iii. p. 282.

3 Mr. John More's letter to Sir R. Winwood, dated November 13, 1611.
— Winwood's ' Memoirs,' vol. iii. p. 301.

4 An old ballad, founded on the story of William Seymour and Lady
Arabella, shows that the idea of James's suspicion of her leaning to the
Roman Catholic religion having influenced his conduct in separating her from
her husband was current within a few years of the event, or at least in the
lifetime of William Seymour. It speaks of William Seymour as the son,
meaning grandson, of the late Earl of Hertford, Edward Earl of Hertford
having died in 1621, and his successor, William, was no longer an earl at
the time of his death, — Vide Appendix Z.

352 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

the protection afforded by the Archdukes to those who
had fallen under his displeasure, or had become the
objects of his suspicion. The position of the two Courts
was almost necessarily hostile : that of the Archdukes
was the head-quarters of the Catholic interest in
northern Europe ; whilst it was upon his maintenance
of the Protestant cause in England that James de-
pended for his power, or even the security of his
throne.1 The conduct of the Archdukes on certain
occasions had been calculated to increase James's fears
that they desired to promote, or at least support, the
Catholic intrigues and conspiracies that were formed
against him in his own dominions. The disaffected
Irish chieftains sought refuge in Flanders ; they were
honourably received by the Archdukes, and publicly
feasted by Spinola ; and a new company was formed in
the Archdukes' army, to give " present entertainment '
to their followers.2 The rebel Earl of Tyrone was
welcomed with all honours by Albert and Isabella, and
gratified with the titles of " the Excellent Prince,"
" the Great O'Neal ;"3 and suspicions were entertained
by James that certain English Catholics, who had
found an asylum in Flanders, had been concerned in
the Gunpowder Plot.4

1 Cardinal Bentivoglio, who was sent as nuncio by Leo XI. to the court
of Flanders in ] 607, and who gives a most glowing description of the per-
fections of Albert and Isabella (Relazione delle Provincie ubbidieuti di
Fiaudra, vol. i. p. 140, ed. 1806), alludes to the unfriendly dispositions that
existed between their court and that of the heretical King of England.
(Ibid. 167.)

2 Miss Aikin's James I., vol. i. p. 315.

3 Ib. p. 291 ; and Bentivoglio, 'Relazione,' vol. i. p. 179.

4 Bentivoglio, ib. The sensation produced by Doleman's book on the

CHAP. III. SEYMOUR PETITIONS THE KING. 353

It was, indeed, to the fears excited by a renewed
residence at the court of the Archdukes that Seymour
owed the first symptom of relenting on the part of the
King. It appears that he had for a while, and perhaps
in deference to the King's wishes, lived in France, but,
being obliged to again seek the protection of the Arch-
dukes, he addressed a letter to the Privy Council, stating
the reasons of his return to their dominions. The fol-
lowing letter from the Privy Council to the Earl of
Hertford, on behalf of his grandson, was the result of
this statement : —

Privy Council to the Earl of Hertford, 21 st May, 1615.

Minute.

u A Letter unto the Earl of Hertford.
" By a letter lately written unto us from Mr. William Sey-

Succession was such as to have marked the importance attached not only
to his arguments, but perhaps even to his speculations. He had, as before
mentioned (p. 344), spoken favourably of the pretensions of the Infanta
of Spain to the throne of England ; and the following opinions of her
power to transfer her own interest to that of any other prince of similar
pretensions might not have been indifferent to James, when he saw how
readily the rights of hospitality were exercised towards those whom he
considered as dangerous, disaffected, or disobedient : — " I said also that this
lady Infanta, or some other by her title and her father's good will, was
likest of all strangers to bear it away, for that, if she should either die or
" be married in any other country, or otherwise to be disposed of as her
" pretence to England should be disenabled before this affair came to be
" tried, then may her said father and she, if they list, cast their foresaid
" interests and titles (as divers men think they would) upon some other
" prince of their own house and blood, as, for example, either upon some
" of the families of Parma or Braganza before mentioned, or of the house
" of Austria, seeing that it wanteth not many able and worthy princes of
" that house, for whom there would be the same reasons and considerations
" to persuade their admission by the English that have been alleged before
" for the Infanta, and the same utilities to the realm, and motives to
" Englishmen, if such a matter should come in consultation, and the same
" friends and forces would not want abroad to assist them." — Doleman's
" Conference,' p. 264.

VOL. II. 2 A

it
it

354 LIFE OF MARQUIS OF HERTFORD. CHAP. III.

mour, we perceive that his many debts in France, and the small
means he hath either for discharge of those debts or his future
maintenance, is the cause of his abode in the Archduke's
dominions, and that gladly he would return again into France
if he were enabled so to do. And forasmuch as he seems de-
sirous so to behave himself abroad as by his discreet and duti-
ful carriage he might merit and regain his Majesty's grace and
favour, which, so long as he continues in the place he now is in
(being ordinarily the receptacle and retreat for priests, Papists,
and fugitives), he can hardly do, we thought fitting to acquaint
his Majesty with the contents of his letter, and the rather for
that your Lordship might peradventure be scrupulous in the
extending your liberality towards him, considering how justly
he hath incurred his Majesty's indignation ; but so gracious is
his Majesty's care of the poor gentleman, and so unwilling he
is that he should add offence unto offence, by being corrupted
(in the place where he is) either in his religion or allegiance,
or both, as he is contented that your Lordship should give
order for the enabling him to return and remain in France ;
which we pray your Lordship to perform towards him, and the
rather for this our intercession on his behalf. And so, &c." *

Whether Lord Hertford availed himself of this royal
permission to pay his grandson's debts does not appear.
Four months later Lady Arabella died, and three
months after that event a petition was addressed to the
King by Seymour, praying for forgiveness and leave to
come home.

Sir William Seymour to James I.

[1st Jan. 1615-16.] Holograph,
S. P. 0. |

Domestic./

" Vouchsafe, dread Sovereign, to cast your merciful eyes
upon the most humble and penitent wretch that youth andigno-

1 Council Register, Jac. I., vol. i. fol. 312.

CHAP. III. HE RETURNS TO ENGLAND. 355

ranee have thrown into transgression, and shut not up your mercy
from him to whom time and riper years have given the true
sense and feeling of his errors, and to whom nothing remains
hut the hope of your princely mercy and forgiveness, and that
not of merit, but merely out of your royal goodness, whereunto
I most humbly appeal, acknowledging upon the knees of my
heart the grievous offences of my youth, the which with the
tribute of my life in your Majesty's service I shall ever account
most happily redeemed. Be therefore pleased, I most humbly
beseech your sacred Majesty, to take home a lost sheep of
yours, whose exile hath been accompanied with many afflictions,
besides the loss of your Majesty's most gracious favour, which
hath given a most bitter feeling of all the rest. Thus beseech-
ing the Almighty, that rules the hearts of kings, to move your
Majesty to restore me, I most humbly prostrate myself at your
princely feet, heartily praying for the long preservation of your
Majesty and your most royal progeny, of whose end may the
world never see an end till she feel her own.

Your Majesty's

Most loyal subject and servant,

WILLIAM SEYMOUR.

(No date nor address ; but the date is pretty correctly
ascertained by the next entry in the Privy Council Register
of 1616.)

This petition would probably have met with no better
reception from James than the frequent and piteous
supplications of Lady Arabella, but that one great cause
of apprehension in his return home was removed by her
death, whilst the fear of Catholic influence abroad re-
mained undiminished. He received for answer the fol-
lowing letter addressed to him from the Privy Council :

2 A 2

356 LIFE OF MAI1QUIS OF HERTFORD. CHAP. III.

The Privy Council to Sir Wm. Seymour , 5tk Jan. 1615-16.

Minute.1

A LETTER TO MR. WILLIAM SEYMOUR.

" We have of late received a letter from you, wherein we
are very glad to observe that you acknowledge your fault and
high offence unto his Majesty with a repentance (as we hope) un-
feigned and sincere. We do therefore let you know that,
according to your humble request, we have interceded for your
return unto his Majesty, who is graciously pleased, upon this
your sorrow and humble submission, to extend his favour and
mercy towards you, and is contented that you may freely and
safely come into your country again as soon as you think good ;
for which this our letter shall be your warrant. And so, &c."

Of this permission to come home Mr. Seymour must
have availed himself immediately; for on the 21st of
the same month2 on which it bears date he was sum-
moned to attend once more an examination before the
Privy Council. His return must indeed have been em-
bittered by the knowledge of all his unhappy wife had
suffered in body and mind during the four long years of
weary captivity she had incurred for his sake, and the
question on which he was summoned to give evidence
was calculated to painfully awaken the recollection of
those hopes and feelings that had been cruelly blighted
by the harsh policy of James.

A doubt had arisen (from what cause does not appear)
whether Lady Arabella had ever given birth to a child,
and witnesses were now called by the Privy Council to
be examined on this point.3 Mr. Seymour declared

1 Council Register, Jac. I., vol. ii. p. 133.
8 January, 1615-16. 3 State Paper Office.

CHAP. III. HIS GRANDFATHER DIES. 35?

that to his knowledge no such event had occurred ; and
the evidence of her waiting-woman, Ann Bradshaw,1
decided the question that she had never been a mother.
That Lady Arabella left no child to keep alive the jealous
apprehension of James was certainly fortunate for the
future peace and security of Seymour ; and his less am-
bitious marriage the following year with Lady Frances
Devereux probably satisfied the king that he had no
aspiring views that might be dangerous to the tranquillity
of his reign. In a letter of John Chamberlayne's to Sir
Dudley Carleton, on the 22nd of February 1616-17,
he says- -"Sir William Seymour, that married the
" Lady Arabella, is in some forwardness to marry the
" Earl of Essex's sister." The marriage had probably
been agreed on the month before, as Lord Hertford then
made a resettlement of his estates ; the precise time at
which the ceremony took place has not been noted.

For the four ensuing years history furnishes no events
in the life of William Seymour. It has been already
stated that in the year 1612 his father, Lord Beauchamp,
had died, and in 1620 his elder brother died also, leav-
ing no children.3 On the 6th of April, 1621, the Earl
of Hertford descended to the grave at the advanced age
of eighty- three/ and William Seymour, now thirty- three
years old, stood as the representative of the family
honours and titles.

1 Wife of Exciprie Bradsliaw. 2 Letters in State Paper Office.

3 Above, pp. 286-7.

4 Lord Hertford died at Letley, in Hampshire. He was buried in Salis-
bury Cathedral, at the end of one of the aisles, in a magnificent monument
erected to his memory, on which is a long Latin inscription. — See Appen-
dix A A.

358 LIFE OF MARQUIS OF IIERTFORD. CHAP. IV.

CHAPTER IV.

Digression. — Edward Earl of Hertford, Grandfather of William Seymour,
privately marries Lady Catherine Grey. — He goes abroad. — She avows
her marriage and pregnancy. — She is committed to the Tower, and gives
birth to a son. — Lord Hertford returns to England, and is committed to
the Tower. — Their marriage is declared null and void by a Special
Commission. — She dies in custody. — Lord Hertford is forgiven by the
Queen. — Legal proceedings in the reign of King James to determine the
legitimacy of Lord Beauchamp. — The suit is ultimately decided against
him. — His legitimacy is recognised by Letters Patent of Peerage. —
Edward Lord Hertford dies. — William Seymour is summoned to the
House of Lords under the new creation, and takes his seat accordingly.

THE succession to Lord Hertford's titles re-opened in
some degree the question of the legality of his first
marriage, and the consequent legitimacy of his son,
Lord Beauchamp, the father of William Seymour. It
may not therefore be deemed irrelevant to the subject
to recount briefly the sad history of the clandestine
marriage of Edward Earl of Hertford and the Lady
Catherine Grey,1 and the difficulties that obstructed the
various efforts made to establish its validity.

At the close of Queen Mary's reign,2 Lady Cathe-
rine Grey, who had been placed under the care of Lord
Hertford's mother the Duchess of Somerset,3 resided

1 Lady Catherine Grey, second daughter of Henry Marquis of Dorset
and Duke of Suffolk, and of Frances his wife, was sister to Lady Jane
Grey, to whom she addressed a letter the night before her execution,
in a blank leaf of a Greek New Testament.

2 Queen Mary died 17th November, 1558.

3 Anne Stanhope, widow of Edward, first Duke of Somerset. On the
death of her husband the Protector (executed January 22, 1551-2), her son
Edward, then about thirteen years old, succeeded to his father's titles and
estates ; but during the session of Parliament the enemies of the late Protector

CHAP. IV. EDWARD LORD HERTFORD. 359

with her at Han worth. Whilst on a visit there Lord
Hertford first became attached to Lady Catherine ; nor
did he conceal from her the feelings with which she had
inspired him, but it was to his sister, Lady Jane Sey-
mour, and to her only, that he then confided all his hopes
and views.1 His mother, perceiving, as he afterwards
expressed it, " familiarity and good-will between them,
" did often admonish him to abstain from her coni-
" pany." To these warnings he replied, that " Young
{i folks meaning well might well accompany together,
" and that both in that house and also in the Court he
if trusted he might use her company, being not for-
" bidden by the Queen's Highness's express command-
" ment." But, beyond this somewhat significant jus-
tification of himself, he never avowed to his mother, or
to any other of his own relations (his sister excepted), or to
Lady Catherine's family, either the secret understand-
ing that subsisted between them, or their subsequent
marriage.2 This secrecy was but the natural conse-

procured the forfeiture of his dignities and titles of honour, with lands of
5000?. yearly value. Thus deprived of rank, and partly despoiled of for-
tune, he remained till the first year of Queen Elizabeth's reign, when she
created him Earl of Hertford and Baron Beauchamp. Vide Appendix B B.
Doubtless this act of grace on her part towards him made her doubly resent
his subsequent conduct in secretly uniting himself with her cousin, Lady
Catherine Grey.

1 The narrative here given of the adventures of Lord Hertford and Lady
Catherine Grey is drawn from their own account when examined before
Archbishop Parker and others. See Appendix C C for ' Personal Answers
of Lord Hertford and Lady Catherine Grey.'

2 Lord Hertford always denied that any one but Lady Jane was admitted
into his confidence on this subject. It appeared, in the course of the
examination of different witnesses by the Commissioners, that Frances
Duchess of Suffolk, Lady Catherine's mother, perceived and approved of
his attachment ; that she always treated him with great kindness ; often

3GO LIFE OF MARQUIS OF IIEKTFOUP. CHAP. IV.

quence of the fear inspired by the harshness with which
both Mary and Elizabeth had treated this branch of frhe
royal family, and the consequent unwillingness to com-
promise others in a matter in which their own happi-
ness was principally involved.

It was after the accession of Queen Elizabeth that
Lady Catherine Grey and Lady Jane Seymour found
themselves both in waiting upon her Majesty at Hamp-
ton Court. Lord Hertford, being at that time confined
by indisposition to his house in Channon Row, West-
minster, wrote to his sister to ask ber assistance in
forwarding his suit with her friend, and " to feel her
" disposition for marriage with him." Lady Jane
executed her brother's commission, but Lady Cathe-
rine, though well disposed to receive his suit, declined
to give any positive answer till the Queen should come
to Westminster. No sooner had the Court removed to
town than Lord Hertford sought an interview with
Lady Catherine in his sister's private room ; there, in

called him her son ; and to her own husband, Adrian Stoakes, she had
spoken of her wish that her daughter might become Lord Hertford's wife,
could the Queen's consent be obtained. Stoakes, when called as a witness,
acknowledged that he had suggested to Lord Hertford the fitness of such
a marriage, and had even, at his wife's request, made the draft of a letter
to be addressed to the Queen. Lord Hertford, he said, had seemed to like
his advice at first, but soon afterwards told him he would meddle no more
in the matter ; a clear proof that he did not intend to confide his secret
either to Lady Catherine's mother or to her step-father. The Duchess died
at the Charterhouse towards the end of the year 1559 ; and the Earl, he
said, never talked with him again on the matter. Lord Henry Seymour,
brother to the Earl of Hertford, was also examined by the Commissioners.
He confessed to having carried tokens from his brother to Lady Catherine
about six months before Lord Hertford's departure from England ; he be-
lieved they were rings ; but he was not cognisant of any engagement or

contract of marriage between them.

CHAP. IV. HE MARRIES LADY CATHERINE GREY. 36 1

the presence of Lady Jane, he first made his direct
proposal of marriage : in reply, she said, " that,
" weighing his long suit and good-will borne to her,
" she was content to marry him the next time that the
" Queen's Highness should go abroad and leave her
" and Lady Jane behind her." They plighted their
faith "by giving one to the other their hands," Lady
Jane being present throughout the interview. It was
agreed that the marriage should take place at Lord
Hertford's house in Channon Row ; but as the oppor-
tunity depended on the movements of the Queen, no
day could be fixed beforehand. Lady Jane, however,
undertook to secure that a clergyman should be in
readiness whenever his services were required.

The wished-for opportunity occurred on a day
between Allhallowtide and Christmas-day of the year
1560, when the Queen left Westminster for Eltham on
a hunting party. Within an hour of her departure
Lady Jane Seymour, accompanied by Lady Catherine
Grey, quitted the palace, and, descending by the
orchard stairs, proceeded along the sands, at low tide,
to the Earl's house in Channon How. They could
give him no previous warning of their arrival; he
knew, however, they only awaited the opportunity,
and might have thought the Queen's departure would
afford them the means of fulfilling their engage-
ment, for he was ready to welcome their arrival.
Lady Jane left them for a few minutes, and then
returned with the clergyman whom she had promised to
provide. The minister brought with him the Book of
Common Prayer, and Lord Hertford and Lady Cathe-

3G2 LIFE OF MAIIQUIS OF HERTFORD. CHAP. IV.

rine were married " with such words and ceremonies
" and in that order as it is there set forth," he placing a
ring, containing five links of gold,1 on her finger, as
directed by the minister.

The clergyman's name was unfortunately never
asked or known by either Lord Hertford or Lady
Catherine, though both affirmed they should know him
again if they saw him. He was described as a man
of middling stature, fair complexion, auburn hair and
beard, and middle age, dressed in a plain long gown of
black cloth faced with budge,2 and a falling collar to the
same, such a one as the ministers used when they came
out of Germany. The ceremony lasted about half an
hour. Lord Hertford thanked him for his attendance ;
Lady Jane paid him a fee of 10/. for his services/ con-
ducted him from the house, and asain shortly returned

to her brother. At the end of about two hours Lord
Hertford accompanied Lady Catherine and his sister
to the water-stairs, where he took an affectionate leave
of his bride, and the two ladies returned together by
boat to the palace tf to Master Comptroller's cham-
" bers, whom they found ready to go to dinner" by the
time they arrived.

1 The four inner links of the ring contained the four following lines, or
posie, by Lord Hertford : —

" As circles five by art compact shewe but one ring in sight,
So trust uniteth faithfull mindes with knott of secret might :
Whose force to brcake but greedie Death noe wight possesseth power,
As time and sequels well shall prove. My ringe can say no more."

2 Lambskin fur.

3 Mr. Hallam says, " He seems to have been one of those vagabond
" ecclesiastics who till the Marriage Act of 1752 were always ready to do
" that service for a fee." — Const. History, vol. i. p. 39G.

CHAP. IV. HE GOES ABROAD. 363

Many clandestine interviews now took place between
the newly married pair, but tbey imparted to none
the secret of their marriage.1

Whether Lord Hertford thought by absenting himself
awhile on the Continent that suspicions would be lulled,
or that he had any other reason for wishing to leave
the country, does not appear, but he soon determined to
obtain leave to go abroad. Lady Jane was aware of
her brother's design, and imparted it to her sister-in-
law. Lord Hertford, however, denied to his wife
having any intention of quitting her : " The Earl," said
she, " would in no wise be acknown unto her of it,
" but would deny it, saying that she might be sure he
" should get no leave, though he were so minded ;"
but the sight of his passport, which accidentally met
her eye, left no doubt of his intention ; and it was, as
she expressed herself, " of no small grief and trouble
" unto her."

Fresh causes of anxiety now arose, and she imparted
to Lady Jane and to her husband her suspicions that
she was likely to become a mother. Lady Jane, with
the same decision of character which seems to have
marked her conduct throughout this perilous transaction,
told her at once, " that, if it were so, there was no

1 The attachment that subsisted between Lord Hertford and Lady
Catherine had certainly attracted notice at Court. Before their marriage
Mr. Secretary Cecil told Lord Hertford " that it was said there was good-
" will between him and the said Lady Catherine ;" and after his departure
Lady Catherine received the friendly advice not only of Mr. Secretary but
of the Marchioness of Northampton, Lady Clinton, and others, " to take
" good heed how she proceeded in familiarity with the Earl, without
" making the Queen's Majesty privy thereunto." — Vide Lady Catherine's
Examination, Appendix C C.

364 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

" remedy but to be acknown how the matter stood, and
" that they must abide it, and trust to the Queen's
" mercy." To the necessity of this line of conduct
Lord Hertford also agreed, and promised his wife that,
if her suspicions were confirmed, " he would not
" depart the realm ;" but the unhappy Lady Catherine,
young, inexperienced, and timid, seems to have been
afraid of speaking confidently on the subject, and Lord
Hertford fulfilled his intention of leaving the country.

On the 19th of March, 1560-1, Lady Jane Seymour
aged only nineteen, died -,1 thus, unsupported by the
presence of her husband or comforted by the affection
and counsels of her friend and sister, Lady Catherine
found herself in a few months' time reduced to submit
to the humiliation of confessing that which could no
longer be concealed, and of bearing alone the brunt of
the Queen's violent and implacable displeasure.

About six days before Lord Hertford's departure
" beyond the seas," he says, " he did conceive and
" devise a writing with his own hand in parchment,
" sealed and signed with his own hand," of which the
object was to secure to his wife 1000/. per annum in
case of his death. This writing he delivered into her
hands, but no other person was privy to the transaction.

1 She was interred in St. Edmund's Chapel, Westminster Abbey, where
her mother the Duchess of Suffolk was buried the year before. Lady Jane
Seymour appears to have been one of those who received such an education
as procured her the distinction of being mentioned by Roger Ascharn. In a
letter to his friend John Sturmius, 1550, he speaks of the learning of English
young ladies at that time. "Had I more leisure," says he, "I would
" speak to you at greater length of the King, of the Lady Elizabeth, and
" of the daughters of the Duke of Somerset, whose minds have also been
" formed by the best literary instructions."

CHAP. IV. HIS WIFE'S PREGNANCY. 365

This deed, and occasional gifts of money before his
departure, showed some consideration for her personal
wants ; but Lord Hertford's conduct in originally seek-
ing her hand in secret, in risking the safety of his
young sister by imposing on her the dangerous respon-
sibility of conveying messages to Lady Catherine, of
making the arrangements for their marriage, of procur-
ing and even remunerating the priest who married them,
and still more in his quitting England and leaving his
wife exposed to the risk of braving alone the conse-
quences of that union which he had induced her to form,
certainly betrayed in youth, and even when under the
influence of a romantic passion, that coldness and self-
regard which later in life was manifested by his harsh
conduct towards both his son and his grandson, and by
his subserviency to the Court.

In the beginning of August Lady Catherine, " sus-
" pecting by the secret talk that she saw both amongst
" men and women that her being with child wras known
" and espied out, and that the time came so fast on that
" it could no longer be kept secret," determined to
declare the whole truth to Mrs. Saint Lo,1 of the Privy
Chamber. Her confidence was received with friendly
sympathy by that lady, who wept bitterly on hearing
her tale, and expressed her sorrow " that the Queen's
" Majesty had not been privy thereunto." The follow-
ing night (August 10th) Lady Catherine endured the

1 Mrs. Elizabeth Saint Lo, or more properly called Lady St. Loe, was
the daughter of John Hard\vick, of Hardwick in Derbyshire. She first
married Mr. Barlow of that county, then Sir William Cavendish (who began
the building of Chatsworth House), and afterwards Sir William St. Lo, of
Tormorton, in Gloucestershire, Captain of the Guard to Queen Elizabeth.

366 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

still further humiliation of throwing herself upon the
compassion of Lord Robert Dudley. She visited his
bedside, revealed her history to him, and implored his
services to obtain the Queen's mercy. But neither the
sympathy of Mrs. Saint Lo, nor the good offices of Lord
Robert, if they were exercised in her favour, availed.
She was at once committed to the Tower,1 and examined
by the Lord Treasurer and others respecting the cir-
cumstances of her marriage. On the 21st of September
her first child was born.2

Whether Lord Hertford was aware of Lady Cathe-
rine's imprisonment does not appear ; but as she
acknowledged in the course of one of her examinations
that she had acquainted her husband by letter of the
certainty of her situation, it is to be hoped that his
return to England in the month of her expected confine-
ment was determined by the wish to be with her at a
time when not only her life might be in danger from
the ordinary peril of childbirth, but when her honour
might be called in question and her liberty forfeited.
He landed at Dover in the beginning of September, and
whilst at breakfast with the mayor of Dover he was
visited by the captain of the Castle (Mr. Crispe), who

1 Warrant : see Appendix D D. A curious list of the furniture with
which Lady Catherine's room was supplied, on being sent to the Tower,
is preserved in the Lansdown MS., No. 5, Art. 41, and is printed in the
2nd volume of Ellis's ' Original Letters,' p. 274. — Vide Appendix D D.

2 " The 21st of September was brought to bed of a son my Lady Ka-
" tharine Grey, the daughter of the Duke of Suffolk that was beheaded on
" the Tower Hill."— Machyn's Diary, p. 267.

" On the 25th day of September was christened within the Tower rny
" Lord Hertford's son by my Lady Katharine Gray." — Ibid., p. 268.

CHAP. IV. THEY ARE COMMITTED TO THE TOWEE. 367

showed him the Queen's commission, by which he was
charged to bring the Earl alone and immediately to
Court; his servants even were not to be allowed to
accompany him, but were to follow a day later.

On the 5th of September1 he was committed to the
Tower. On the 12th of September he was examined
before the Lord Treasurer ; on the 13th of February,
1561-2, both he and Lady Catherine were again exa-
mined before the Commissioners appointed for that
purpose; and on the 12th of May, in the Bishop of
London's palace, the marriage was declared null and
void by the Commission of Inquiry, composed of
Parker, Archbishop of Canterbury, Grindal, Bishop of
London, Sir William Petre, and others, before whom the
examination had been taken.2 A decision that could
only be grounded on the difficulty of procuring timely
evidence of the truth of their statements was not likely
to alter the convictions of the parties themselves re-
specting the validity of their marriage ; and in time, by
persuasion or corruption of their keepers, the doors
of their prison were no longer bolted against each
other.3

The birth of a second child rekindled the anger of

1 " On the 5tli day of September, 1561, was brought to the Tower the
" 3'oung Earl of Hertford from the Court. About two of the clock at after-
"noon he came into the Tower." — Machyn's Diary, p. 266.

2 This decision appears to have been the subject of animadversion at
the time, and even Strype, in his laudatory Biography of the Archbishop,
admits that " no question he underwent censures for his proceedings." —
Life of Matt. Archbishop of Canterbury, vol. i. p. 235.

3 Sir Edward Warner, the Governor of the Tower, was dismissed for
this negligence in the care of his prisoners.

368 LIFE OF MARQUIS OF HERTFORD. CHAI>. JV.

Elizabeth.1 A double fine was imposed on Lord Hert-
ford, and their imprisonment made so much stricter
that there is no reason to suppose they ever met

again.

Many letters and petitions were addressed to Sir
William Cecil in behalf of Lady Catherine by her
uncle, Lord John Grey, of Pirgo, and by herself to Sir
William Cecil and to the Queen.2 The only mercy
extended to her and her husband was during the time
when the plague raged in London, and when a thousand
in a week were said to die of that malady. Then, in
the month of August, 1563, Lord Hertford was deli-
vered as a prisoner to his mother, and Lady Catherine
to her uncle, Lord John Grey, at Pirgo,3 where, it
seems, she was maintained at the expense of her
husband.4

In January, 1565-6, and again in April, 1566, Anne
Duchess of Somerset addressed letters to Sir William
Cecil, praying for the release of her son, begging his
helping hand " to end this tedious suit," and urging
" how unmeet it is this young couple should thus wax
" old in prison, and how far better it were for them to
" be abroad and learn to serve."

These appeals were fruitless ; the following year

1 " The 10th of February, 1562-3, was brought a bed within the Tower
" with a son rny Lady Katharine Hartford, wife to the Earl of Hartford ;
" and the godfathers were two warders of the Tower, and his name was
" called Thomas."— Machyn's Diary, p. 300.

2 Appendix E E.

3 Vide Ellis's ' Original Letters,' 2nd series, vol. ii. p. 275. See Ap-
pendix F F, warrant for her removal.

4 Tide Ellis's ' Original Letters,' vol. ii. p. 276.

5 Ibid., 2nd series, vol. ii. p. 286-7.

CHAP. IV. DEATH OF LADY CATHERINE. 369

death released the ill-fated Lady Catherine from the
sorrows and humiliations to which she had been so
heartlessly subjected. She was then in the custody of
Sir Owen Hopton, and died at his country house, Cock-
field Hall, in Yoxford, Suffolk.1 The account of her
last moments has been preserved in all its details with
such touching fidelity that to attempt to curtail it would
be doing injustice to the narrative. The MS. is dated
anno 10 Elizabeth, and is entitled —

" A brief Discourse of the Spirit and Manner of the departing
out of this Life of the Lady Catherine, Wife to the Earl of
Hertford.2

" All the night she continued in prayer, saying of Psalms
and hearing them read of others, sometimes saying them after
others, and as soon as one Psalm was done she would call for
another to be said ; divers times she would rehearse the prayers
appointed for the Visitation of the Sick, and five or six times the
same night she said the prayers appointed to be said at the
hours of death ; and when she was comforted by those that were
about her saying ' Madam, be of good comfort ; with God's
help you shall live and do well many years,' she would answer,
' No, no, no life in this world, but in the world to come I hope
to live ever ; for here is nothing but care and misery, and
there is life everlasting :' and then, seeing herself faint, she
said, ' Lord, be merciful unto me, for now I begin to faint ;'
and all the time of her fainting, when any about her would
chafe or rub her to comfort her, she would lift up her hands
and eyes to heaven and say, ' Father of heaven, for thy son
Christ's sake, have mercy upon me.' Then said the Lady
Hopton unto her, ' Madam, be of good comfort, for with God

1 In the parish register at Yoxford the entry is still to "be seen of her
"burial, on the 21st of February, 1567-8.

2 It is preserved in the British Museum.

VOL. II. 2 B

3/0 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

his favour you shall live and escape this ; for Mrs. Couscn
saith you have escaped many dangers when you were as like
to die as you be now.' ' No, no, my lady, my time is come,
and it is not God's will that I should live any longer, and his
will he done, and not mine :' then, looking upon those that
were about her, ' As I am, so shall you be ; behold the picture
of yourselves.' And about six or seven of the clock in the
morning she desired those that were about her to cause Sir
Owen Hopton to come unto her ; and when he came he said
unto her, ' Good madam, how do you ?' and she said, ' Even
now going to God, Sir Owen3 even as fast as I can ; and I pray
you and the rest that be about me to bear witness with me that
I die a true Christian, and that I believe to be saved by the
death of Christ, and that I am one that he hath shed his most
precious blood for ; and I ask God and all the world forgive-
ness, and I forgive all the world.' Then she said unto Sir
Owen Hopton, ' I beseech you promise me one thing, that you
yourself, with your own mouth, will make this request unto the
Queen's Majesty, which shall be the last suit and request that
ever I shall make unto her Highness, even from the mouth of a
dead woman,— that she would forgive her displeasure towards
me, as my hope is she hath done ; I must needs confess I have
greatly offended her, in that I made my choice without her
knowledge, otherwise I take God to witness I had never the
heart to think any evil against her Majesty ; and that she
would be good unto my children, and not to impute my fault
unto them, whom I give wholly unto her Majesty ; for in my
life they have had few friends, and fewer shall they have when
I am dead, except her Majesty be gracious unto them : and I
desire her Highness to be good unto my Lord, for I know this
my death will be heavy news unto him, — that her Grace will be
so good as to send liberty to glad his sorrowful heart withal.'
Then she said unto Sir Owen, ' I shall further desire you to
deliver from me certain commendations and tokens unto my
Lord ;' and, calling unto her woman, she said, ' Give me the

CHAP. IV. DEATH OF LADY CATHEKINE. 37 1

box wherein my wedding-ring is ;' and when she had it she
opened it, and took out a ring with a pointed diamond in it,
and said, ' Here, Sir Owen, deliver this unto my Lord ; this
is the ring that I received of him when I gave myself unto
him, and gave him my faith.' ' What say you, madam T said
Sir Owen, ( was this your wedding-ring ?' ' No, Sir Owen,'
she said, ' this was the ring of my assurance unto my Lord,
and there is my wedding-ring,' taking another ring all of gold
out of the box, saying, ' Deliver this also unto my Lord, and
pray him even as I have been to him, as I take God to witness
I have been, a true and a faithful wife, that he would be a
loving and a natural father unto my children, unto whom I give
the same blessing that God gave unto Abraham, Isaac, and
Jacob.' And then took she out another ring, with a Death's
head, and said, i This shall be the last token unto my Lord
that ever I shall send him ; it is the picture of myself.' The
words about the Death's head were these — ' While I lyve,
yours.' And so looking down upon her hands, and perceiving
the nails to look purple, said, ' Lo ! here he is come ;' and then,
as it were with a joyful countenance, she said, ' Welcome,
Death !' and embracing herself with her arms, and lifting up
her eyes and hands unto heaven, knocking her hands upon her
breast, she brake forth and said, ' O Lord ! for thy manifold
mercies, blot out of thy book all mine offences !' Whereby Sir
Owen perceiving her to draw towards her end, said to Mr.
Bockeham, ' Were it not best to send to the church that the bell
maybe rung?' and she herself hearing him, ' Good Sir Owen,
let it be so.s Then immediately, perceiving her end to be near,
she entered into prayer, and said, ' O Lord ! into thy hands I
commend my soul ; Lord Jesus, receive my spirit :' and so,
putting down her eyes with her own hands, she yielded unto
God her meek spirit, at nine of the clock in the morning, the
27th of January, 15G7."1

1 Harleian MSS., No. 39, fol. 380.

2 B 2

3/2 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

The Queen must have been unmoved by Lady Ca-
therine's dying petition for her husband's release, if, as
it is said by Dugdale, he remained a prisoner for nine
years in the Tower.1 But at whatever period he was
released, it would seem that he had continued under the
Queen's displeasure for about ten years after Lady
Catherine's death. At that time Sir Nicholas Bacon,
who had also offended her by his conduct or opinions
on the subject of the claims of the house of Suffolk over
those of the Queen of Scots, was re-admitted to her
favour.2 It is possible that the same arguments which
influenced her feelings towards Sir Nicholas tended also
to the forgiving of Lord Hertford, and from that time
there are various proofs that he was re-established in
the good graces of her Majesty. New-year's gifts
were offered and returned,3 and in September, 1591,

1 In that case he would not have regained his liberty till 1570, three
years after the death of his wife.

2 The Queen was at Theobald's on the 14th of May, 1577, and, on the
18th, Sir Nicholas Bacon (having incurred the Queen's displeasure, like
the Earl of Hertford, and from a somewhat similar occasion — the suspicion
of favouring a book written in defence of the claims of the House of
Suffolk to the Crown, in preference to that of the Queen of Scots) took
an opportunity of confirming himself in the Eoyal favour, to which he
was with some difficulty restored by Cecil. — Nichols' ' Progresses of Queen
Elizabeth,' vol. ii. p. 55.

3 New Year's Gifts to the Queen, 1577-8. By the Earl of Hertford, a
jewel, being a ship of mother-of-pearl, garnished with small rubies and
three small diamonds. — Nichols' ' Progresses of Queen Elizabeth,' vol. ii.
p. 66.

New Year's Gifts presented by the Queen, 1577-8. To the Earl of
Hertford, one bowl of silver and gilt, with a cover, Keele, 19 oz. 3 grs. di.
—Ibid., p. 82.

New Year's Gifts presented to the Queen, 1578-9. By the Earl of
Hertford, a small pair of writing tables, enamelled, with a grasshopper, all
of gold, enamelled green on the back side, and a pin of gold having a small
pearl at the end thereof. — Ibid., p. 250.

CHAP. IV. LORD HERTFORD'S FAVOUR AT COURT. 373

she honoured the Earl and Countess of Hertford with
her presence at Elvetham in Hampshire.1

A magnificent entertainment was prepared for this
royal visit, which lasted four days, and with which her
Majesty was so highly pleased " that she openly said to
" the Earl of Hertford that the beginning, process, and
" end of this his entertainment was so honourable, she
" would not forget the same."2 In August, 1600, the
Queen announced her intention of visiting the Earl of
Hertford at Tottenham,3 but there is no account of that
visit, or of another which was intended in July, 1602,
having taken place.4 Upon two different occasions his

1 Frances, daughter to Lord Howard of Effingharn, was second wife to
the Earl of Hertford. She died May, 1598, and was buried in W'estmin-
ster Abbey. Two years after her death, it seems by the letter of a con-
temporary, he wished to marry Lady Anne Herbert : —

Rowland Wliyte, Esq., to Sir Robert Sydney.

" The Earle of Hertford comes often to Wilton, and hath made knowen
" to Lord and Lady Pembroke the love he bears to the Lady Anne ; if
" she can affect him, the match will goe forward.

" Baynard's Castell, the 31st of May, 1600."

— Sydney Papers, vol. i. p. 197. It is to be supposed Lady Anne was not
favourable to his suit, and he afterwards married Frances, daughter to
Thomas Viscount Howard, of Bindon, and widow of Henry Pranell.

2 A curious and amusing account of the festivities at Elvetham (near
Hartford Bridge) appears to have been published immediately after the
Queen's visit there, and is preserved in Nichols' ' Progresses,' vol. iii. p. 101.

3 Rowland Wltyte, Esq., to Sir Robert Sydney.

" Right Honoiirable, — Her Majestic removed vpon Tuesday to Tooting,
" and vpon Wednesday came to Nonsuch, where she stayes till Tuesday
" and then resolues to goe on her long progress to Tottenham, the Earle
" of Harford's.

" Nonsuch, this 12th of August, 1600." — Sydney Papers, vol. ii. p. 210.

4 Sir William Broune to Sir Robert Sydney.

" And althogh that her Majesty hath sent my Lord of Hertford word
" that yet she meanes to see him, notwithstanding itt is held that the
" determined progress is at the furthest.

" The 7th of July, 1602."— Sydney Papers, vol. i. p. 257.

374 LIFE OF MARQUIS OF HERTFORD. CHAP. TV.

name is mentioned in the letters of contemporaries as
being destined for foreign missions, — one of congratu-
lation to France on the marriage of Henri IV. with
Marie de Medicis,1 the other to Spain in 1604 ;2 but it
does not appear that on either occasion he was so
employed.

In 1603 James ascended the throne. His un-
opposed succession might naturally have raised Lord
Hertford's expectations that no jealousy would inter-
fere to prevent his obtaining justice for his children,
by re-establishing their legitimacy. An indirect
means soon presented itself by which he must have
reasonably hoped that the validity of his marriage,
so unjustly denied through the influence of the
offended Queen, would now be recognised by her
successor.

A suit was instituted to determine between his son,
Lord Beauchamp, and Lord Monteagle, who was the
right heir to Lady Mary Grey,3 the sister of Lady
Catherine.

1 Rowland Wliyte, Esq., to Sir Bobert Sydney.

" And when the King comes nearer Paris, the Earle of Hertford is
" named to congratulate the marriage.

" Court, this Monday, xiij of October, 1600." — Sydney Tapers, vol. i.

p. 218.

2 From Sir Henry Nevill to Mr. Winwood.

" We speak of my Lord of Hertford's going into Spain to take the
" King's oath, and that Sir William Cecil shall accompany him to remain
" there.

" August IQth, 1604."— Winwood's « State Papers,' vol. ii. p. 26.

3 Lady Mary Grey was the youngest of the three daughters of Frances
Duchess of Suffolk. She incurred the displeasure of the Queen for her
marriage with Martin Keyes. " Here is an unhappy chance, and mon-
" strous," Cecil writes to Sir Thomas Smith, from Windsor, on the 21st
of August, 1565. " The Serjeant Porter, being the biggest gentleman in

CHAP. IV. SUIT IN THE COUET OF WAEDS. 3/5

The disputed inheritance consisted of certain estates
possessed by Lady Mary Grey, and which, after her
death in the reign of Queen Elizabeth, had remained in
the hands of the Crown " for lack of livery."

On the 7th of February, 1604-5, Lord Monteagle
moved the Court of Wards to have a warrant for the
delivery of those lands to him.1 This warrant was

" this Court, liath married secretly the Lady Mary Grey, the least of all
" the Court. They are committed to several prisons. The offence is very
" great." — Ellis, ' Original Letters,' Second Series, vol. ii. p. 299. She
and her husband were kept some time in close confinement. She survived
her husband, and was alive in 1578, when she made her will. Fuller says
she died April 28, 1578. — Worthies in Leicestershire.

1 Mr. Luders speaks of the Cotton MS. Vitellius, E. 8, p. 458, " as
" a fragment that seems to relate to the Earl's appeal, dated in 1604."
He adds — " The article is so damaged by fire, and so short, as to yield
" no information ; and I know not where to obtain any upon the subject."
-Luders' ' Tracts,' p. 191. Mr. Hallarn speaks of a " Commission of
delegates being appointed to investigate the allegations of the Earl's
petition, and that questions seem to have been raised as to the lapse of
time and other technical difficulties which served as a pretext for coming
"to no determination on its merits ;" that Lord Beauchamp, not long
after, endeavoured " indirectly to bring forward the main questions by
means of a suit for some lands against Lord Monteagle ; . . . that it was
said to have been heard in the Court of Wards, when a jury was em-
panelled to try the fact, but that the law officers of the Crown inter-
posed to prevent a verdict." He also speaks of deriving part of this
information from the Cotton MS. Vitellius, c. xvi. p. 412, but says that the
volume is much burned and the papers confused with others. — Const.
Hist., vol. i. p. 397. The following short account of the suit in the Court
of Wards, which has been taken from the more detailed record of the pro-
ceedings still preserved in the Eecord Office (Eolls Court), supplies the
information which Mr. Luders says he " knew not where to obtain "
(see Appendix G G). With the assistance of this document the frag-
ments preserved in the Cotton MSS. become intelligible ; and it is clear that
the " Commission of delegates to examine the Earl's petition," the suit
with Lord Monteagle, the trial at common law spoken of by Dugdale, the
jury empanelled in the Court of Wards, and the interference of the Crown
lawyers, are all part of the same suit for the disputed estates of the
deceased Lady Mary Grey.

376' LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

granted unless cause should be shown to the contrary
by the llth of the same month. Lord Hertford and
Lord Beauchamp moved that the warrant should be
stayed till two petitions1 should be decided, — the one on
behalf of Lord Beauchamp, the other on behalf of Lord
Monteagle, — to determine which of the two was the right
heir.

Sir Francis Bacon (Lord Monteagle's counsel) made
divers objections against Lord Beauchamp' s claim ; the
Master of the Court of Wards declared that, as it was
not known to the Court who was the right heir, the
King, though entitled to the revenues of the lands,
which must remain in his hands till the right heir is
found, " did of his princely grace and favour permit the
" parties concerned to try their rights." On the 28th
of February a letter was addressed by the Lord Chan-
cellor Ellesmere and Lord Dorset to the Privy Council,
ordering them to select such a commission as in their
learning and wisdom they might think fit;2 and the
matter being of great weight and consequence, their
Lordships were to use extraordinary care and expedition
in the choice of such commissioners and delegates as
were to examine the strength and effect of the impedi-

1 As early as the 18th of November, 1604, a question seems to have
been referred by Lord Chancellor Ellesmere, Lord Dorset, Lord North-
ampton, Lord Cranborne, and Lord Popham, to Justice W , Dr.

Ca?sar, Dr. Dune, Dr. Swale, and Dr. Bennet, as to whether a Commis-
sion could be granted to examine over the impediments. — Yide Appendix
H H.

2 The Commission was dated Whitehall, February 28, 1G04, and signed
by the Lord Chancellor, Lord Treasurer, Lord Northampton, Lord Cran-
borne, Lord Barwicke ; and directed to Sir Julius Caesar, Sir Daniel
Dune, Sir Richard Swale, Sir John Bennet, or to any three of them. —
See Appendix H H.

CHAP. IV. SUIT IN THE COURT OF WARDS. 377

ments offered by each party against the claims of the
other.1

On the 13th of June (Trinity term), 1605, the case
of the two petitions was argued by counsel before
Lord Salisbury (Master of the Court of Wards),
the Lord Chief Justice, and Lord Anderson and the
Lord Chief Baron, Judges assistants to the Court.
The petitioners were ordered to exhibit to the Court
during that term their bills of complaint against each
other, to make their answers, and to proceed to the
examination of witnesses on both sides to prove who is
heir to Lady Mary Grey ; and upon the next assembly
of the Judges in Michaelmas term the cause was to be

1 Lord Hertford's plea, so far as concerned the validity of his marriage
and consequent legitimacy of his son, is recited in the Commission : — " It
" has been remonstrated to us on the part of Edward Seymour, Earl of
" Hertford, that many years since a true and legitimate marriage was
" contracted between him and Lady Catherine Grey, now dead, and that
" it was publicly and legitimately solemnized ; notwithstanding which, by
" reason of certain letters addressed by Queen Elizabeth, then and lately
" Queen of England, to certain Commissioners, the said Commissioners
" passed a definitive sentence against him forty-two years ago and more,
" very mischievous and prejudicial, in which, among other things, they
" declared and pronounced against the marriage, and at the same time
" declared that the parties had lived incontinently, and were to be
" punished. From which sentence, although the said Earl appealed in
" proper time and place, and used all diligence therein, yet he was hin-
" dered in many ways, and he now petitions us to admit him to prosecute
" his appeal ; we, therefore, consenting to his petition, wishing that the
" truth should be investigated, commit to you and enjoin you, having
" called before you the said Earl of Hertford and Sir William Parker,
" Lord Monteagle, who is concerned in this affair, to hear and inquire into
" the facts of the case, and what impediments there were to the prosecu-
" tlon of the appeal, and which inevitably prevented the said Earl from pro-
" scenting the appeal ; and, lastly, that you will specify whether such im-
" pediments have been proved, and signify it in writing."- -See Appen-
dix H H.

378 LIFE OF MAliQUIS OF HERTFORD. CHAP. IV.

heard again. But the King's Attorney-General, being
present in Court, set forth the King's title to the
lands in question, " which also this Court did then
" discern to rest upon questions of law," and ordered
that he u either might make a case and pursue the
" same as should seem best for his Majesty, or otherwise
" acquaint his Majesty therewith, and so to follow his
" Highness's direction and commandment therein."

On the 19th of October the Court sat, and the case
was again heard by counsel, but a dispute arose re-
specting some contradictory evidence.1 Lord Beau-
champ's counsel alleged the necessity of delay in order
to obtain further evidence. Lord Monteagle consented
to the postponement, and the case was deferred till the
following month, when the depositions of all the wit-
nesses were to be produced again in Court.

On the 28th of November the Court sat, and " upon
" hearing and debating the matters in variance between
" the Lord Beauchamp and Lord Monteagle," it was
found requisite " to have several offices found" after
the deaths of Lady Catherine and Lady Mary Grey.
The two Lords agreed to have these offices found
either in the county of Warwick or in the county
of Nottingham,2 " and two several commissions in the

1 The dispute arose between Mr. Kirton (Lord Beauchamp's solicitor)
and Mr. Ward, Mr. Kirton denying what was in Mr. Ward's affidavit.
Lord Beauchamp's counsel alleged the necessity of obtaining the evidence
of the Marchioness of Northampton and Sir Arthur (Owen ?) Hopton —
both material witnesses for Lord Beauchamp, and too old to travel from
the country. Lord Monteagle assented to their examinations being taken
at Salisbury on the 4th of November.

2 No reason is assigned for the selection of these distant counties.

CHAP. IV. SUIT IN THE COTJET OF WAEDS. 379

" nature of writs of mandamus were awarded to indif-
" ferent [impartial] commissioners l on both sides to
" inquire after the deaths of both the said ladies." The
sheriffs of Warwickshire and of Nottinghamshire were
desired to produce their books of freeholders, in order
that the Court of Wards might confer with the Judges
of Assize of those counties in selecting " an indifferent
" and substantial jury." The jurors were to be then
selected by the Court of Wards, subject to the challenge
of the two Lords ; to be returned by the sheriff of the
county from which they were chosen, to be sworn before
the Commissioners authorised for that purpose, and
then to be adjourned to the Court of Wards, where
they should hear the evidence set forth by counsel on
both sides on the 12th of February.

A jury was impanelled in the county of Warwick,
and, according to the order of the 28th of November,
appeared on the second Saturday in Hilary term at
the bar of the Court of Wards, to hear the evidence
debated by counsel on behalf of Lord Beauchamp on
one side, and on behalf of Lord Monteagle on the
other.2

1 These Commissioners were William Harte, Esq., escheator; Sir
Thomas Dilke, Knight, deputy escheator ; and Humphrey Colles, Esq.,
Feodary of the county of Warwick.

a Mr. Serjeant Nicholls, Mr. Serjeant Altham, Mr. Recorder of London,
and Mr. Hyde, of counsel for Lord Beaucharnp. Sir Francis Bacon, Ser-
jeant Foster, Mr. Serjeant Hutton, and Mr. Walter, of counsel for Lord
Monteagle. In addition to the Master of the Court, the Lord Chief Jus-
tices, and the Lord Chief Baron, Mr. Justice Warburton, Sir Eichard
Swoyle, and Sir John Bennett, Doctors of the Civil Law, were called to be
present in Court upon this occasion. " The same day a great cause be-
" tween the Lords Beaucharnp and Monteagle was heard in the Court of
" Wards, the main point whereof was to prove the lawfulness of the Earl

380 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

The jury, having heard this evidence, were desired to
consider their verdict, and deliver it in Court on the
12th of February (1605-6). But the jury having no
evidence " upon debating of the cause, but only touch-
" ing the point of the heir, they desired that they might
" hear the evidence touching the dying seised, and the
" other points of the said several Commissions," before
they delivered their verdict. Their request was ac-
ceded to, and, when the Court met on the 12th of
February, the whole proceedings in the cause were read
in their presence ; and the jurors would have been
ready to give their verdict, but for a fresh impediment
that now arose.

The King's Attorney-General announced that he had
framed a case on his Majesty's behalf, and " desired to
" be heard for his Highness before the jury delivered
" up their verdict, because otherwise it might be dan-
" gerous to the jury to find a dying seised of the said
" Ladies Catherine and Mary, if that the law should
" fall out for his Highness."1 The jury were in conse-
quence of this warning adjourned, to appear before the
Commissioners at Warwick in Whitsun week. It was

" of Hertford's marriage. The Court sat until five of the clock in the
" afternoon, and the jury had a week's respite for the delivery of their
" verdict."— Letter of Sir E. Hoby to Sir T. Edmonds, Feb. 10, 1606.
Sloane MSS., 4176.

1 " For my Lord of Hertford's cause, when the verdict was ready to be
" given up, Mr. Attorney interposed himself for the King, and said that
" the land that they both strove for was the King's, and until his title
" were decided the jury ought not to proceed, not doubting but the King
Cl will be gracious to both Lords. But thereby both land and legitimation
" remain undecided." — Letter of Sir E. Hoby to Sir E. Edmonds, March 7.
Sloane MSS., 4176.

CHAP. TV. SUIT IN THE COURT OF WARDS. 38 1

expected that before that time the Judges would have
resolved the question of the King's right, and have
delivered their opinion to the Court of Wards; and
from that Court the Commissioners and jury were to
receive directions how to proceed.

On Monday in Whitsun week Humphrey Colles,
Esq.,1 one of the Commissioners, received notice that
when the jury met at Warwick they should be again
adjourned until the 19th of December.

On Thursdav in Whitsun week the Commissioners

and jury met at Warwick, and resorted to the jury-hall,
where a most extraordinary scene was enacted. The
jury being called2 they immediately uttered these words :
-" We are agreed of a verdict or presentment, and
" here do tender and offer the same unto you that

" are Commissioners, and require you to receive, draw,
" and engross it in form as you in your places and
" skills know best to do." They then threw a folded
paper to the Commissioners. The paper was returned
by Colles, unopened, and no one suffered to see its con-
tents; at the same time Colles informed them of the
order from the Court of Wards for their adjournment,
adding further, u that neither they (meaning the said
" jury) ought to offer, nor they (meaning the said

1 Feodary of the county of Warwick.

2 The names of seventeen of the jury who were empanelled to inquire
after the death of the two ladies : — Sir Robert Digby, Kt. ; Sir Thomas
Hole, Kt. ; Sir George Rawley, Kt. ; Sir Thomas Temple, Kt. ; Sir Cle-
ment Throgmorton, Kt. ; Samuel Marrow ; Edward Boughton, Esq. ; Bar-
tholomew Hales, Esq. ; Edward , George Warner, Thomas Hunt,
Robert Wilcox, Richard Canninge, Robert Wolley, Richard Crispe, Am-
brose Colemore, John Camden.

382 LIFE OF MARQUIS OF HERTFOliD. CHAP. IV.

" Commissioners) ought to receive, any verdict or pre-
" sentment of them at this time, and then read unto
" them openly the said order." To this they replied,
" That they were bound in conscience so to do, saying
" the same order1 was mistaken, and that (as they con-
" ceived) it was no discharge of their proceedings."
Colles again affirmed that the Commissioners and jury
were bound to abide by the orders of the Court of
Wards, and declared that it " was a cause of great
" consequence and greatly concerned the King's title,
" which, being doubtful, was referred to all or most of
" the Judges of the land for their opinions," and that
the Judges were not yet agreed ; and that neither they
as Commissioners, nor the others as jurors, ought to pro-
ceed to any verdict without special directions from the
Court of Wards. The jurors were unconvinced by
Colles5 arguments, and they still pressed their verdict
upon the Commissioners. Upon which Sir Thomas
Dilkes,2 who was also a Commissioner, said he was
bound by law to receive it, and, in spite of Colles's re-
monstrance, " telling him he could not receive preju-
" dice by refusing it, and in receiving it would do more
" than he could justify," took the paper from the jury.
Colles then called to the bailiff to adjourn over the
jury; upon which Mr. Kirton, solicitor to Lord Beau-
champ, required on behalf of his master that the Com-
missioners " should do all things in public, and openly
" declare or read the contents of the verdict ." Colles again
forbade its being done ; but Sir Thomas Dilkes perse-

1 For adjournment.

2 Sir Thomas Dilkes was Deputy Escheator.

CHAP. IV. SUIT IN THE COURT OF WARDS. 383

vered, opened and publicly read the paper, which was not
more than a line or two. Colles, " by much ado," again
got the same paper from Sir Thomas Dilkes into his
own hands, and threw it back to the jury, who received
it. The Commissioners then adjourned the jury to the
19th of December, according to the order of the Court
of Wards. What was the verdict contained in the two
or three lines that were thus publicly read there is no
authentic account, but there is good reason to believe
that it wras favourable to Lord Beauchamp's claim.1 It
was Mr. Kirton, Lord Beauchamp's solicitor, who in-
sisted on the contents of the verdict being publicly read,
and he fell under the displeasure of the Court of Wards
for his conduct. Sir John Dilkes was accused of having
committed a high and wilful contempt against the
honourable Court of Wards for offering and persuading
the Commissioners contrary to its orders to receive a
presentment in paper, and contrary to his duty to read
and publish it at the instance of Josias Kirton, Lord
Beauchamp's solicitor ; and as the Court conceived that
there was some corrupt and partial dealing in the same

1 Dugdale's account of a trial at the common law, though manifestly
inaccurate, must certainly have referred to the occasion above described,
when the jury thus insisted on returning their verdict : — " Hereupon I
" shall add, what I have heard related from persons of great credit, which
" is, that the validity of this marriage was afterwards brought to a trial at
" the common law, when, the minister who married them being present,
" and other circumstances agreeing, the jury (whereof John Digby, of
" Coleshill, in com. War., Esq., was the foreman) found it a good mar-
" riage." — Baronage of England, part ii. p. 369, In quoting this passage
from Dugdale, Mr. Hallam adds the following just remark : — " Mr. Luders
" doubts the accuracy of Dugdale's story ; and I think it not unlikely that
" it is a confused account of what happened in the Court of Wards."
Constitutional Hist, of England, vol. i. p. 397.

384 LIFE OF MARQUIS OF HERTFORD. CIIAP. IV.

solicitor, jury, and Commissioners, or some of them,
the King's Attorney of the Court of Wards was
ordered to attend the Lord Chief Justice of the Common
Pleas, Sir Edward Coke, one of the assistants of this
Court, " who was desired to take pains in the premises."
And it was ordered that they two shall examine the
said Commissioners, jurors, or others, upon oath as they
shall think fit, so that they (the Commissioners, jurors,
&c.) may be " censured according to justice and the
" merit of their contempts." Of these proceedings against
Sir Thomas Dilkes, Josias Kirton, and others, there
has been no further account preserved, nor is there any
account remaining of the further proceedings in the
Court of Wards respecting the suit itself between Lord
Beauchamp and Lord Monteagle. Whether it was
ultimately settled there or by the Privy Council cannot
now be ascertained,1 but a letter, without date, from
Donne to Sir Henry Goodere thus speaks of the termi-
nation of this affair : —

'•' I will tell you a story which, if I had had leisure to have
told it you when it was fresh, which was upon Thursday last,
might have had some grace for the rareness, and would have
tried your love to me, how far you would adventure to believe
an improbable thing for my sake who relates it. That day in
the morning there was some end made by the Earl of Salisbury
and others, who were arbitrators in some differences between
Hertford and Monteagle."

Lord Salisbury determined in favour of the latter.

1 The fire that took place at Whitehall on the 19th of January, 1619,
destroyed all the council registers of the first ten years of James I.'s reign,
together with other valuable papers and documents.

CHAP. IV. ITS DECISION. 385

"The Earl of Hertford could not forbear saying that he
expected better usage, in respect, not only of his cause, but of
his expense and service in his embassy.1 To which the Earl of
Salisbury answered, that, considering how things stood between
his Majesty and the house of Hertford at the King's entrance,
the King had done him especial favour in that employment of
honour and confidence, by declaring, by so public and great an
act and testimony, that he had no ill affections towards him.
The Earl of Hertford replied that he was then and ever an
honest man to the King. And the Earl of Salisbury denied
not that, but yet solemnly repeated his first words ; so that

1 In the year 1604-5, about the month of January, Edward Earl of
Hertford accepted the charge of Ambassador Extraordinary to take the
Archduke's oath to the peace. Having despatched his business at
Brussels, he went from thence to Antwerp, whither Sir Thomas
Edmondes attended him, and on the 14th of May, 1605, wrote thence to
Secretary Cecil, just then created Earl of Salisbury, that he hoped that
the Earl of Hertford " would bring full satisfaction in all things concern-
" ing his charge ; and that his Lordship had, in all other circumstances,
" performed his legation, to his Majesty's great honour, as a worthy and
" magnificent minister of his Majesty, for his Lordship had made a rate
of expense of ten thousand pounds, besides the King's allowance. Sir
Dudley Carleton, writing to Mr. Win wood when Lord Hertford was ap-
pointed on this mission, says, ' Our Lords Ambassadors begin now to pre-
pare towards their journeys, my Lord Admiral with great pomp, and my
Lord of Hertford (who with much importunity hath accepted the charge
" to the Archduke) saith he will be as frank as another.' " — Winwood's
' State Papers,' vol. ii. p. 45. The following account gives some idea of
the great scale on which the embassy had been conducted : —

Sir William Broune to Sir Robert Sydney, Lord Sydney, Lord

Chamberlain to the Queen.

" My Lord of Hertford came hether on Wensday, and wold fayne be
" ouer, if the weather wold permit him ; he hath a very great trayne, very
" near of four hundred, as his officers account them, and they are all soo
" well accommodated, that there is no complaint for want of lodging ; his
" honour himself lodgeth in the Prince's howse.

" Flushing, this 18th of May, 1603." 2— Sydney Papers, vol. i. p. 271.

1603 is evidently a misprint for 1605. There is a letter from Lord Hertford
himself, dated Flushing, May 17, 1605.

VOL. II. 2 C

386 LIFE OF MARQUIS OF HERTFORD, CHAP. IV.

the Earl of Hertford seemed not to make answer ; but, pursuing
his own words, said that whosoever denied him to have heen an
honest man to the King, lied. The Earl of Salisbury asked
him if he directed that upon him ? The other replied, upon
an}7 who denied this. The earnestness of both was such, as
the Earl of Salisbury accepted it to himself, and made protes-
tation before the Lords present that he would do nothing else
till he had honourably put off that lie ; and, within an hour
after, sent the Earl of Hertford a direct challenge by his ser-
vant Mr. Knightley. The Earl of Hertford required only an
hour's leisure of consideration (to inform himself, as it was said,
of the especial danger of dealing so with a privy councillor), and
then returned his acceptance of the challenge. And all circum-
stances were so clearly handled between them, that St. James's

was agreed for the place ; and they were both come from their
several lodgings, and upon the way to have met, when they
were interrupted by the persons who were sent by the King to
prevent the mischief which otherwise might have followed."1

The manner in which Lord Hertford resented this
decision may fairly be supposed to have arisen from
the sense of the injury offered to the memory of
his wife, and the injustice inflicted on his children,
rather than from any unbecoming resentment for the loss
of lands : his lavish expenditure on both the occasions of
the Queen's visit to Elvetham, and of his foreign mis-
sion, shows that his possessions must have been consider-
able, and that his habits betrayed rather the weakness of

display than the vice of avarice.

All hope of obtaining legal justice was now at an end,
and in the year 1608 Lord Hertford and his son had
recourse to a measure by which they sought to evade

1 Donne's Letters, p. 214.

u
a
a

CHAP. IV. NEW CREATION OF THE PEERAGE. 387

the consequences, though they could not overcome the
obstacle offered to the recognition of Lord Hertford's
marriage : they obtained letters patent that " he (Lord
Beauchamp), and the heirs male of his body, immedi-
ately after the death of Lord Hertford (who was not de-
signated as his father) should be Barons of Parliament,
'• and have place and voice there," " and also obtained
" other letters patent of the same date for the enjoyment
u of the title of the Earl of Hertford/' This measure
has been censured by some writers on the ground that
they thus rendered themselves parties to casting a slur
on the virtue of the unhappy Lady Catherine.2

In times of purer administration of justice Lord Hert-
ford would best have defended the memory of his wife*
and protected the interests of his children, by depending
on the law for the establishment of what he felt to be
her due and their right; if the law did not afford its
sanction to those claims, he must then have submitted to
its decrees : and had the children of his first marriage

/ *^f

been pronounced illegitimate by a fair tribunal, he
ought neither to have sought himself or permitted them
to seek a favour that would have interfered with the

1 Collins's ' Peerage,' vol. i. p. 174. Vide Appendix I I. The patent
for the enjoyment of the Earldom is couched in the same general terms and
with the same limitations as that for the Barony of Beauchamp.

2 Mr. Craik remarks, — " It must be to this compromise, which was, no
" doubt, entered into with the concurrence of the Earl, and which was so
" little creditable to either the father or the son, that Carnden alludes,
" when he says that Hertford had lately and publicly freely retracted or
" withdrawn his appeal against the Archbishop's sentence (Elizabeth,
" 389). Thus at last was the honourable fame of poor Lady Katharine
" Grey abandoned and thrown to the winds ~by the two individuals who
" were, of all others, most bound to maintain it both for her sake and for
" their own." — Craik's ' Romance of the Peerage,' vol. ii. p. 387.

2 c 2

388 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

rights of the children, if any, of his own subsequent
marriages. But Lord Hertford had been impeded
by the interference or influence of the Court from
obtaining legal justice. The plan adopted by Lord
Beauchamp, and accepted by the King, was the
compromise that sprang out of the peculiar position
of the two parties. Lord Hertford's attempt to estab-
lish the recognition of the marriage, which he believed
to be valid, had been hitherto rendered abortive by the
Courts of Elizabeth and of her successor ,• but if James
was not just enough to admit, neither was he bold
enough to deny, the legitimacy of Lord Beauchamp ;
and if the desiring and obtaining these letters patent
may be regarded on one hand as an admission of the
nvalidity of Lord Hertford's marriage, yet, on the
other, in granting these letters, and thus fixing the right
of succession on the offspring of the disputed marriage,
without reservation even in case of other issue, it was
practically admitted that Lord Beauchamp was the
proper representative of the family honours.

On the 26th of April, 1621, the Earl of Hertford's
death was announced to the House of Lords by the
Earl of Essex, who at the same time moved " that a
"writ of summons1 be directed to the now Earl of
" Hertford, which was accordingly done."

1 It is worthy of notice that, notwithstanding this new creation by
James, in the Catalogue, to be found in Xalson's Collection, vol. i. p.
301, " of the Lords Spiritual and Temporal furnished with a writ of
" summons to attend Parliament in April, 1640," Lord Hertford's name is
included in the first list of Earls, and not in that headed " Earls made
since the 1st of King James."

2 " Whereupon the clerk signed a warrant, directed to the Clerk of the
" Crown or his deputy, for the same writ to be made accordingly." —
Lords' Journals, vol. iii. p. 90. See above, p. 357, for the account of
Edward Lord Hertford's death.

CHAP. IV. EDWAED LORD HERTFORD DIES. 389

On that same day the King ordered the writ to be
stayed till his further pleasure.1

On the 18th of May the House was again moved
for a writ of summons to be granted to the Earl of
Hertford, and six peers were ordered to attend the
King u to know his pleasure herein."

On the 24th the Archbishop of Canterbury (one of
the six peers) announced the King's consent to such a
writ being sent as should enable " the Earl to take Ms
"place according to the new creation of that Earldom,
" and not otherwise." 2

This was announced on the 30th of April to the House of Lords, by
the Lord Chief Justice giving the following letter from the Chancellor to
be read to their Lordships : —

" May it please your Lordships, — Whereas I received this morning
" your Lordships' order for a writ of summons of Parliament to the now
" Earl of Hertford ; so it is, that upon Thursday night late I received an
11 absolute commandment, under his Majesty's royal signature, to stay the
" writ until I receive his Majesty's further pleasure therein ; with a clause,
" warranting me to give knowledge of this his Majesty's commandment, if
" such a writ were required.

" Your Lordships' humble servant,

" FR. ST. ALBAX, Cane.
" York House, 26th April, 1621."— Lords' Journals, vol. iii. p. 98.

It was immediately after the reading of this letter that followed the
Chancellor's own painful confession of corruption.

It would seem, by the following extract from a contemporary letter,
that either Lord Hertford or his grandson William Seymour had again
fallen under the displeasure of the King, and that he had once more desired
to establish the invalidity of Lord Hertford's marriage : —

" I am told even now as a secret that the Earl of South Hampton hath
beene searching concerning the lawfulness of the Earl of Hertford's mar-
riage, which is that wherewith the King is offended ; for it is sayd that
the last Parliament the King, or somebody, should propound a motion
to pronounce that issue illegitimate, &c. &c. Some talk of other things,

" but I think all uncertain.

" Yours to command,

" JOSEPH MEAD.

" Christ Coll., June 30, 1621."— Ellis, < Orig. Letters,' Second Series, vol.
iii. p. 239.

2 Lords' Journals, vol. iii. p. 130.

390 LIFE OF MARQUIS OF HERTFORD. CHAP. IT.

William Seymour must have consented to be thus
summoned under the new patent, for Lord Essex (his
brother-in-law) is reported as having held his proxy till
the end of this Parliament.1 In 1623 he had leave of
absence, and Lord Essex again held his proxy. In

February, 1623-4, his name for the first time is set

•i '

down in the list of peers who were present2 But,
notwithstanding this last proof of Lord Hertford's
acquiescence in the terms in which he was sum-
moned, it is curious to observe with what jealous ap-
prehension James viewed the possibility of being
supposed to revoke the sentence passed by Archbishop
Parker.

On the 9th of May, 1624, the clerk attended his
Majesty with the Bills that had passed the two Houses,
to take his pleasure as to the Royal assent.3 Amongst
others was a Bill to enable Lord Hertford to sell lands ;
upon which the King delivered to the clerk this memo-
rial, to be entered on the Journals : —

a That it is not his Majesty's intent, upon any doubtful or
equivocal words or aught else contained in that Act, to weaken
the sentence given in the time of the late Queen Elizabeth
concerning the pretended marriage of Edward, late Earl of
Hertford ; and therefore, to avoid all strained inferences to be
made in that behalf upon any word contained in the said Act,
his Majesty, before his Royal assent given to the said Act,
gave commandment that this memorandum be entered both in
the Parliament Book and on the back of the Bill itself."

This was the last occasion, perhaps the last opportu-

1 Lords' Journals, vol. iii. p. 205. 2 Ibid., p. 217.

3 Ibid., p. 422.

CHAP. IV. WILLIAM SEYMOUR SUCCEEDS. 39 1

nity, that offered itself during the short period that re-
mained of this reign for the King to insult the feelings
of a family whose chief crime was the jealousy they
had excited by their marriages and by their descent —
a jealousy that originated rather in the despotic pride of
Elizabeth and the watchful timidity of James than in
the display of any ambitious views on the part of the
Seymours to put forward doubtful claims that might
disturb the succession to the Crown.

The history of the House of Seymour, from the ele-
vation of Lady Jane to the throne by Henry VIII., till
the death of James I., affords indeed an interesting and
instructive lesson as to the power of the Sovereign to
abuse the prerogative of the Crown. Without entering
into the question of the degree of guilt that brought the
Protector Somerset1 and his brother the Lord Admiral2
to the scaffold, and thus stained the hands of the young
King with the blood of his uncles and guardian, it is
sufficient to turn to the treatment experienced by the

1 Dr. Burnet says, — " Edward Duke of Somerset was a person of great
" virtues, eminent for piety, humble and affable in his greatness, sincere
" and candid in all his transactions. He was a better captain than coun-
" seller ; had been often successful in his undertakings ; was always

careful of the poor and oppressed ; and, in a word, had as many virtues
and as few faults as most great men, especially when they are unexpect-
edly advanced, have ever had. . . It was generally believed that all this
pretended conspiracy upon which he was condemned was only a forgery."
— Hist, of the Eeforrnation, vol. ii. p. 187.

2 The intrigues of Thomas Seymour, Lord High Admiral, and the un-
generous manner in which he availed himself of his position, as husband to
Queen Catherine, to seek the affections of the Princess Elizabeth when
residing under his roof, has deprived him of all sympathy for his fate.
But he was refused the trial which he demanded as his right. He was
proceeded against by bill of attainder ; and the depositions before the
Council were deemed sufficient ground for his condemnation.

392 LIFE OF MARQUIS OF HERTFORD. CHAP. IV.

immediate heirs of the Duke of Somerset to feel the
hard measure that was meted to them;- -it is sufficient
to remember the arbitrary imprisonment, the forced
separation of husband and wife, the interference with
the free exercise of legal justice, the long expatriation,
the cruel insults heaped upon helpless and defenceless
ladies of high birth and irreproachable virtue, the
perpetuation of an unproved taint of illegitimacy, and
the cold neglect which followed more active persecution,
to feel how largely regal power had been abused to
inflict personal wrong from motives of anger, fear, or
jealousy.

But another and more pleasing lesson is to be drawn
from the recapitulation of these circumstances, which
cannot in justice be omitted, for without their due recol-
lection it is impossible to appreciate fully the noble
forgetfulness of former wrongs that marked the conduct
of William Seymour from the time he thought the just
prerogatives of the King unduly assailed, and the un-
flinching and undeviating loyalty he displayed in de-
fending the rights of a Crown which, in the too great
plenitude of power, had so harshly exerted its influence
to the injury of his family and himself.

CHAP. V. DEATH OF JAMES. 393

CHAPTER V.

Lord Hertford attends the Parliament of 1626. — He lives in retirement
until 1640. — In that year he attends Parliament and the Council of
Peers at York. — fie is appointed one of the Commissioners to treat with
the Scots. — The Commissioners meet at Eipon.- — The negotiations
proceed. — Impediments to their success. — The Commissioners remove to
London.

ON the 27th of March, 1624-5, James died, and on the
17th of May, 1625, the first Parliament of King
Charles's reign was summoned. Lord Hertford con-
tinued to send his proxy, having leave to be absent.

On the 6th of February, 1625-6, Parliament met
again, and on the 15th of February Lord Hertford took
the oaths of allegiance in company with many other
peers : from this time his name appears constantly
amongst those who were present in the House of Lords,
and occasionally as taking part in the business by serving
on Committees. On the 5th of April he made the
report to the House from the Committee on Pri-
vileges respecting the case of proxies held by a peer
not sitting in Parliament himself.1

This case arose in consequence of the King having
committed the Earl of Arundel to prison for the mar-
riage of his eldest son with the Lady Elizabeth Stuart2

1 The question was, " Whether those proxies are of any validity which
" are deputed to any peer who sittethnotin Parliament himself?" — Lords'
Journals, vol. iii. p. 552.

2 Daughter of the Duke of Lennox.

394 LIFE OF MARQUIS OF HERTFORD. CHAP. V.

without the royal consent. Lord Arundel held five
proxies, which, it was decided, were now lost to the
House ; and the Committee reported that the committal
of a peer (the Parliament sitting), without trial or judg-
ment of peers of Parliament, was without precedent since
the time of Edward III., and that even the case1 in that
reign could not be proved to have occurred " in Parlia-
ment time." 2

This was the first occasion on which Lord Hert-
ford addressed the House ; and both on this and the
two subsequent occasions, when speaking as reporter of
conferences with the Commons, he must have felt that
interest in the case which would arise from the recol-
lection of past injuries sustained not only by himself,
but by those nearest and dearest to him, from the viola-
tion of the liberty of the subject.

On the 9th of April, 1628, the Lord President of
the Council, Lords Hertford and Devon, and the
Bishop of Lincoln reported the speeches made in the
conferences by Sir Dudley Digges, Mr. Littleton, Mr.
Selden, and Sir Edward Coke, concerning the subjects'
liberties and freedom from imprisonment.3 It fell to
Lord Hertford's part to report the speech delivered by
Mr. Littleton ; and the few words uttered by him in
conclusion show that his own opinion coincided with that
expressed by the Commons in this conference. " And
" now, my Lords," said he, '•' I have performed the

command of the Commons, and, as I conceive, shall

leave their declaration of personal liberty an ancient

1 The Bishop of Winchester. 2 Lords' Journals, vol. iii. p. 552.
3 Ibid., p. 717.

CHAP. V. LORD HERTFORD IN PARLIAMENT. 395

'• and undoubted truth, fortified with seven Acts of Par-
" Ham en t, and not opposed by any statute or authority
" of law whatsoever."

On the 19th of April Lord Hertford again reported
to the House another conference on the same subject.
These seem to be the only occasions on which he spoke,
but his attendance in the House of Lords was constant
until the dissolution of Parliament on the 10th of
March, 1628-9.

A period of twelve years elapsed between the disso-
lution of the last and the calling together of that next
short Parliament so reluctantly summoned and so un-
wisely dismissed. During these twelve long years there
was little opportunity for any one not engaged in the
immediate administration of government to take part
in public affairs. The rights of the Commons were
forgotten, their privileges superseded by the unconstitu-
tional means resorted to for obtaining supplies, and the
hereditary power of the Lords sank into oblivion. Fo-
reign service afforded the only opening to military
fame, whilst the Court was the only arena left at home
where political ambition could seek for display or look
for distinction. Under these circumstances it was im-
probable that Lord Hertford's name should find any
place in the administration of public affairs. " He had
" received," says Lord Clarendon, " many and conti-
" nued disobligations from the Court, from the time of
" this King's coming to the Crown as well as during
" the reign of King James, in both which seasons more
" than ordinary care had been taken to discountenance

1 Lords' Journals, vol. iii. p. 722.

396 LIFE OF MARQUIS OF HERTFORD. CHAP. V.

" and lessen his interest."1 No wonder, therefore, that
for this long period history furnishes no mention of
Lord Hertford ; and during this season of retirement
he acquired such habits of study, together with a certain
love of ease and indisposition to social exertion, or even
to bodily activity, as must have rendered the entering
into public life at fifty years old peculiarly distasteful
and irksome. But, though living in retirement, Lord
Hertford seems to have exercised considerable influence
over the opinions of others ; and when the King had
issued letters summoning the peers to attend him in the
field in 1639, Lord Hertford was looked to as the
guide by whose conduct on that occasion many re-
solved their own should be determined.2 In the short
session that lasted from the 13th of April to the 4th
of May, 1640, Lord Hertford constantly attended in the
House of Lords, and a few months later, in obedience
to the King's writ of summons, he attended the great
council of Peers assembled at York.3

The Council met on the 24th of September. The
King's first act was to command the petition of the
Scots (dated September 4th), and the correspondence
that arose out of that petition, to be read to the Council.

1 Hist, of the Rebellion, vol. ii. p. 244.

2 Sir John Temple to Robert Earl of Leicester.

" Our praparacions for Scotland goe on, though but slowly. There is
" much expectation of the Lords' answars to his Majesties letters for there
" attendance of him at Yorke. It is thought many will refuse to engage

themselues in this seruice. What my Lord of Hartford will doe is not

yett knowen ; many eyes are upon him ; and his example, as is con-

ceiued, will either keepe out or draw in many writh him.

" Blackfriers, February 7, 1638-9."— Sydney Papers, vol. i. p. 592.

3 Life of Lord Falkland, above, vol. i. pp. 33-4.

CHAP. V. HE ATTENDS THE COUNCIL AT YOKE. 397

" All which being heard and considered of by the
c' peers, it was at last resolved that sixteen of them-
" selves should be sent as Commissioners to treat with
" Commissioners of theirs."1 The tone of the Scots'
petition Lord Clarendon admits " to have been as full
" of as much submission as a victory itself could pro-
4< duce, and could not but beget a treaty."

The King was specially cautioned " that no such
" ungracious persons might be intrusted by him in this
" treaty as might beget jealousies in the Scots, and so
" render it fruitless."3 For this reason Lord Hertford,
Lord Essex, Lord Bedford, Lord Bristol, and twelve
others4 were chosen by the King, " all popular men,
" and not one of them of much interest in the Court."5
It was clear, therefore, that the choice of Lord Hertford
was rather as a commissioner who should not be unac-
ceptable to the Scots, than as one who was agreeable to
the King.

On the 1st of October the sixteen English Commis-
sioners met those appointed by the Scots at Ripon.
They were eight in number, and, with the exception of
the Earl of Dunfermline and Lord Loudon,6 of inferior

1 Bush worth, vol. iii. p. 1276.

2 Clarendon's ' Hist, of the Rebellion,' vol. i. p. 274. 3 Ibid.

4 The Earls of Pembroke, Salisbury, Holland, and Berkshire ; the Lords
Mandeville, AVharton, Dunsmore, Brook, Savile, Paulet, Howard of Es-
crick, Paget.

5 Lord Clarendon adds Lord Holland's name as the only exception to
those " who had not much interest at Court," but " who was known to be
" fit for any counsel that should be taken against the Earl of Stratford,
" who had among them scarce a friend or person civilly inclined towards
him."— Hist, of the Rebellion, vol. i. p. 274.

6 Sir Patrick Hepburne, Sir William Douglass, Mr. Smith, Mr. Wed-
derburn, Mr. Henderson, Mr. Johnston.

80S LIFE OF MARQUIS OF HERTFORD. CHAP. V.

rank as well as number to those commissioned by the
King. Instructions wrere drawn up for the guidance
of the King's Commissioners, and at their desire six
assistant commissioners,1 fi who were either versed in
" the laws of Scotland, or had been formerly acquainted
" with the business," were appointed to be present at
the drawing up of the proposed treaty.2 The Scots
demanded the sum of 40,000/. per month for the main-
tenance of their army. The English Commissioners
demurred, and requested their reconsideration of this
demand. With characteristic prudence they returned
for answer " that it was their desire that their Lord-
" ships should be pleased to express what sum their
" Lordships thought to be a competency."3 Upon this
reply Lord Hertford and four others of the Commis-
sioners4 returned to York to receive further instructions
from the King and great Council of Peers.5

After much negotiation as to the terms that could be
offered to the Scots and those they would accept, 850/.

1 Earls of Traquaire, Morton, Lanerick ; Mr. Secretary Vane, Sir Lewis
Steward, Sir John Burrough.

2 Rushworth, ' Coll.,' vol. iii. p. 1276.

3 Ibid., p. 1289.

4 Earls Bristol and Holland, Lords "YVharton and Savile.

5 " When the other Lords returned to Ripon, the Earl of Pembroke, as
" a man of great fortune, and at that time very popular, was sent with
" two or three other Lords to London with a letter from, the King, and a
" subscription from the Lords Commissioners of the treaty (which was
" then more powerful), to borrow 200,000/. from the City for the payment
" of both armies whilst the cessation and treaty should continue, 'which
" they hoped would quickly be at an end, and the Scots return into their
" own country.' The City was easily persuaded to furnish the money, to
" be repaid out of the first that should be raised by the Parliament, which
" was very shortly to meet." — Clarendon's ' Hist, of the Rebellion,' vol. i.
pp. 281-2.

CHAP. V. TEEATY WITH THE SCOTS. 399

per diem for the maintenance of their army was pro-
posed : the Scotch denied its being a competency, and
wished to add to that sum a provision for coals and
forage. They were also dissatisfied with the security
offered for the payment of the money. No definitive
treaty was agreed upon ; and at last a letter was ad-
dressed to the King, signed by the sixteen Commis-
sioners, and dated Ripon, October 23, 1640, proposing
to transfer the treaty to London, The King consented,
and the Scotch Commissioners accordingly removed to
London.

The management of the treaty at Ripon is discussed
at some length in Lord Clarendon's ' History,' but it is
impossible to examine carefully his own statement of
facts without feeling that the prejudice created in his
mind against the Scots by subsequent events warped
his judgment of their conduct, and led him to colour,
according to those impressions, both the motives by
which he supposed they were actuated and the influence
they exercised on the English Commissioners.

Lord Clarendon speaks of the ignorance of the sixteen
English Commissioners respecting the laws and cus-
toms of Scotland, and says that some of them who had
been employed in the first treaty at the Berkes and in
the last at Ripon did neither then or ever after know
anything of the laws and customs of that kingdom, " by
" which they might have judged whether the King had
" exceeded his just power,"1 and only received their im-
pressions at those meetings " from the persons who were

1 Clarendon's ' Hist, of the Kebellion,' vol. i. p. 288.

400 LIFE OF MARQUIS OF HERTFORD. CHAP. V.

" naturally to make their own defence, and so by accusing
(C others to make their own case the more plausible."

The Commissioners, however, could hardly have
pleaded ignorance at Bipon as to the rights of the case
and the laws of Scotland, when by their own desire they
were accompanied by six assistant Commissioners, to
save them from the possible danger of want of know-
ledge or information on such points; nor after Lord
Clarendon's own account of the aggressive conduct of
the King1 in forcing an unwelcome Liturgy upon the
people of Scotland, accompanied with other acts of
arbitrary power, ought he to deem the representations
of the Scotch Commissioners either exaggerated or
unjust.

The English Commissioners were by them, he says,
" told of a Liturgy imposed upon them by their bishops,
" contrary to or without Act of Parliament, with strange
" circumstances of severity and rigour; of some clauses
" in that Liturgy different from that of the Church of
" England, with pretty smart comments of advice and
" animadversions upon those alterations ; of a book of
" canons, in which an extraordinary and extravagant
" power was asserted to the bishops ; of a High Commis-
" sion Court, which exceeded all limits, and censured
" all degrees of men ; of the insolent speeches of this
" bishop to that nobleman, and of the ill life of another ;
" of their own great humility and duty to their sacred
" sovereign, without whose favour they would not
" live."2 They also dwelt on their submissive addresses

1 Life of Lord Falkland, vol. i. p. 15.

2 Hist, of the Rebellion, vol. i. pp. 288-9.

CHAP. V. TREATY WITH THE SCOTS. 401

by petition and otherwise to the King, but that the
interposition of their adversaries had prevailed against
them. With these and the like artifices, continues Lord
Clarendon, " the good Lords were so wrought upon
" that they easily consented to whatever was proposed."
The Scotch Commissioners expressed their wish le for
" the removal of three or four persons from about the
" King; whose own gracious disposition and inclination,
" they said, would bountifully provide for the happiness
" of all his dominions, if those ill men had had no
" influence upon his counsels."1 To some of the English
Commissioners, with whom they became on terms of
private intimacy, they also spoke openly of Archbishop
Laud, the Earl of Strafford, and the Marquis of
Hamilton, as those whom they wished to see removed.
They also alluded in confidence " to the excess of the
"• Queen's power, which, in respect of her religion, and
" of the persons who had most interest in her, ought not to
" prevail so much upon the King as it did in all affairs."
They said " that the King would never be happy, nor his
" kingdom flourish, till he had such persons about him in
" all places of trust as were of honours and experience
" in affairs, and of good fortunes and interests in the
44 affections of the people ; who would always inform his
" Majesty that his own greatness and happiness con-
" sisted in the execution of justice and the happiness of
" his subjects ; and who are known to be zealous for the
" preservation and advancement of the Protestant reli-
" gion, which every honest man thought at present to
4< be in great danger, by the exorbitant power of the

1 Hist, of the Rebellion, vol. i. p. 276.
VOL. II. 2 D

402 LIFE OF MA1KJUIS OF HERTFORD. CHAP. V.

u
a

Archbishop of Canterbury and some other bishops

who were governed by him." " It was no hard
" matter," continues Lord Clarendon, u to insinuate
" into the persons with whom they held this discourse
4t that they were the very men who they wished should
" be in most credit about the King."1

But though Lord Clarendon thus speaks of artifices
and cajoleries, how is it possible to read the statements
here quoted by himself in proof of the duplicity of the
Scots and the credulity of the English Commissioners,
without feeling that in fact the Scots at that time used
no other art than that of speaking the truth, which the
English Commissioners, as candid men, could neither
deny or reject?2

The warm assurances of sympathy in the grievances
of the English might have been specious and insincere,
and might have been given, as Lord Clarendon sup-
poses, only to further the interests of their own country ;
be that as it may, the grievances upon which they ex-
pressed their sympathy, and tendered their assistance to
redress, were not only real, but were afterwards fully
admitted in Parliament to be so, both by Lord Cla-
rendon himself, Lord Falkland, and other such moderate
and sincere reformers.

The Scots had but too good reason to distrust the

1 Hist, of the Eebellion, vol. i. p. 277.

2 " They concluded," says Lord Clarendon, " that their affections wore
" so great to this kingdom (England), and they so desired that all griev-
' ' ances might be redressed here, that, though they should receive present
" satisfaction in all that concerned themselves, they would not yet return
" till provision might likewise be made for the just interest of England
6 ' and the reformation of what was amiss there in reference to Church and
" State."— Ibid.

CHAP. V. TREATY WITH THE SCOTS. 403

evil counsels that influenced the conduct of Charles even
whilst the treaty was proceeding at Ripon ; nor could
the English Commissioners rely upon the good faith of
those for whom they were acting. Lord Clarendon
admits that there was " no man's advice of much credit
" with the King but that of the Earl of Stafford."1
Lord Stafford did not scruple to give secret advice,
" which was not to be communicated to the Council f2
and he fully intended that the Scots should be forcibly
driven out of the kingdom whilst the treaty was
actually proceeding. " He commanded Major Smith to
" fall upon a Scottish quarter in the bishopric of Dur-
" ham, who defeated two or three of their troops, and
" took all their officers prisoners, and made it manifest
" enough that the kingdom might be rid of the rest,
" if it were vigorously pursued ; which the Earl of
*' Stafford heartily intended."

A more flagrant act of treachery could hardly well be
devised. Leslie, the Scottish General, complained that
he himself " had forborne to make any such attempt
" out of respect to the treaty;"3 and the English Com-
missioners " thought themselves neglected and affronted
" by it,"4 and prevailed upon the King to restrain his
General from giving any more such orders.

Unhappily, the bad faith exhibited in the counsels of
Lord Stafford were in no way distasteful to Charles ;
but the remonstrances of his own Commissioners, and
the desire they showed to deal fairly with their enemies,
were not agreeable to his wishes, and shook his confidence

1 Hist, of the Rebellion, vol. i. p. 280. 2 Ibid.

3 Ibid., p. 281. 4 Ibid.

2 D 2

404 LIFE OF MARQUIS OF HERTFORD. CHAP. V.

in their loyalty. " The King," snys Lord Clarendon,
fi began so far to dislike the temper of his Commis-
sioners, that he thought the Parliament would be
more jealous of his honour and more sensible of the
" indignities he suffered by the Scots than the Coinmis-
" sioners appeared to be ;" he therefore wished them
to conclude the cessation of arms upon as good terms as
they could, to enter upon no other particulars, but to
adjourn the treaty to London.

This Lord Clarendon regards " as the last and most
<f confounding error ;" it gave the Scotch Commis-
sioners the opportunity to publish " all their opinions
" in their sermons to the people, who resorted to them
" in incredible numbers, and to give their advice from
" time to time to those of the English who knew not so
" well yet to compass their own ends."2

The principal reason assigned by the English Com-
missioners, in their address to the King (dated October
31), for the removal to London, was the shortness of
time that remained for settling articles both numerous
and intricate before the meeting of Parliament, when
all the English Peers would be required there to
attend.

Whether the transfer of the treaty was so great an
error, or productive of all the evil which Lord Clarendon
assigns to that circumstance, may be matter of opinion.
In the multiplicity of causes to which great events are
generally traced back, it is difficult to define the exact
share contributed by any one to their production ; but,
whatever were the effects of this removal, it is clear that

1 Hist, of the Rebellion, vol. i. p. 281. * Ibid., p. 291.

CHAP. V. ITS EEMOVAL TO LONDON. 405

Charles's suspicions of those whom he should have
trusted, and the just mistrust which the bad faith of his
own and his favourite minister's conduct inspired both
in the Scottish and English Commissioners, were the
main causes of the treaty being transferred from Ripon
to London,

406 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

CHAPTER VI.

Lord Hertford signs a petition for the assembling of a Parliament. — The
Long Parliament meets. — Lord Hertford does not support the pro-
ceedicgs against Strafford. — He is one of the Peers who take examina-
tions in Stafford's case. — He disapproves of taking Stratford's life. —
Attainder of Strafford. — The Treaty with the Scots concluded. — Lord
Hertford's Parliamentary acts during the Session of 1641. He is made
a Privy Councillor.

ON the 24th of September the King had announced in
his opening address to the Lords of the great Council
at York his intention of assembling Parliament on the
3rd of November, and accordingly that Parliament
then met which was destined first to restore and after-
wards to destroy every principle by which a constitu-
tional monarchy can pretend to secure the liberty of the
subject, without trenching on the prerogatives of the
Crown.

Immediately previous to the opening of the Council
at York petitions had been addressed to the King on
the subject of existing grievances and the necessity of
calling together a Parliament, and amongst the most
remarkable was that signed by Lord Hertford,1 Lord

1 The Petition of the Earl of Essex, Hertford, &c., to the King to call

a Parliament.

" Most gracious Sovereign, — The sense of that duty and service which
" we owe unto your sacred Majesty, and our earnest affection to the good

CHAP. VI. PETITION TO THE KINO. 407

Essex, and ten other Peers, entitled " The Humble
Petition of your Majesty's most loyal and obedient
Subjects, whose names are underwritten, in behalf of

«
«
tl

It
It

tl
ft

" and welfare of this your realm of England, have moved us in all 1m-
" mility to beseech your Eoyal Majesty to give us leave to offer unto your
" most princely wisdom the apprehension which we and other your
" faithful subjects have conceived of the great distempers and dangers

now threatening the Church and State of your Eoyal person, and the

fittest means by which they may be prevented.

The evils and dangers whereof your Majesty may be pleased to take
" notice are these : —

" 1. That your sacred Majesty is exposed to hazard and danger in the
" present expedition against the Scottish army ; and by the occasion of
" the war your revenue is much wasted, your subjects burthened with
" coal and conduct money, billeting of soldiers and other military

charges, and divers rapines and disorders committed in several parts in

this your realm by the soldiers raised for that service, and your whole

kingdom become full of fear and discontent.

2. The sundry innovations in matters of religion, the oath and canons
lately imposed upon the clergy and other your Majesty's subjects.

3. The great increase of Popery, and employing of Popish recusants
" and others ill-affected to the religion by law established in places of
" power and trust, and especially commanding of men and arms both in
" the field and other counties in this realm, Avhereas by the laws they are
" not permitted to have arms in their own houses.

"4. The great mischief which may fall upon this kingdom if the inten-
" tions, which have been credibly reported, of bringing in of Irish forces
" shall take effect.

"5. The urging of ship-money and prosecution of some sheriffs in the
" Star Chamber for not levying of it.

" 6. The heavy charges of merchandize, to the discouragement of trade,
" the multitude of monopolies, and other patentees, whereby the commo-
" dities and manufactures of the kingdom are much burthened, to the
" great and universal grievance of your people.

"7. The great grief of your subjects, by the intermission of Parliaments,
" in the late former dissolving of such as have been called, with the hoped
" effects which otherwise they might have procured.

" For a remedy whereof, and prevention of the danger that may ensue
" to your Eoyal person and to the whole State, we do, in all humility and
" faithfulness, beseech your most excellent Majesty that you would be
" pleased to summon a Parliament within some short and convenient
" time, whereby the cause of these and other great grievances, which your
" poor Petitioners now lie under, may be taken away, and the authors

408 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

" themselves and divers others." The importance of
this petition, and the sense of what was due to these
Peers for their patriotic effort, was strongly marked
in Parliament some months afterwards, when, on
the 18th of March, 1640-1, it was resolved in the
Plouse of Lords, nem. con., first, that the petition
should he then read aloud, and next, " That for the
" honour of the Lords petitioners this petition be
" recorded in this House, with their names thereunto;
" and that this House doth give them thanks for it, as
" being just, legal, and good both for the King and the
"kingdom." It was also resolved,, "That the House
" doth approve of the substance and contents of this
" petition, and do make it as an act of this House."1
Thanks were likewise voted to Lord Mandevile and
Lord Howard for having presented the petition to the
King.

On the 1 1th of November, eight days only after the
meeting of Parliament, a message was sent from the
House of Commons to the Lords for the purpose of
impeaching the Earl of Straiford. He was ordered to

" and counsellors of them may be there brought to such legal trial and
" condign punishment as the nature of the offence does require, and that
" the present war may be composed by your Majesty's wisdom without
" bloodshed, in such manner as may conduce to the honour and safety of
" your Majesty's person, and content of your people, and continuance of
" both of your kingdoms against the common enemy of the reformed

" religion.

" FRANCIS BEDFORD. SAY AND SEAL.

Ro. ESSEX. ED. HOWAED.

WILLIAM HARTFORD. BULLINGBROOK.

WARWICK. MANDEVILE.

EARL OF BRISTOL. BROOK.

MULGRAVE. PAGETT."
-Rushworth's ' Coll.,' vol. iii. p. 1260.

1 Lords' Journals, vol. iv. p. 189.

CHAP. VI. PROCEEDINGS AGAINST STRAFFORD. 409

withdraw whilst the message was debated, and on being
afterwards called to the bar as a delinquent was deli-
vered into the custody of the gentleman-usher. The
first occasion on which Lord Hertford's opinions and
conduct were likely to have been acceptable to the
King was on the subject of the proceedings against Lord
Strafford. Lord Clarendon says " he carried himself
" with notable steadiness from the beginning of the
" Parliament in the support and defence of the King's
" power and dignity, notwithstanding all his allies and
" those with whom he had the greatest familiarity and
" friendship were of the opposite party, and never con-
" curred with them against the Earl of Strafford, whom
" he was known not to love, nor in any other extrava-
" gancy."1 In this one sentence it is plainly shown
that Lord Hertford was too just to be swayed by party
or personal dislike towards Lord Strafford, too generous
to be actuated by any spirit of resentment for the harsh-
ness and coldness he had experienced during two succes-
sive reigns. He had, in spite of his tranquil studious
habits and love of retirement, forced himself into taking
an active part in public affairs ; he had contributed his
name and sanction to an address that should bring
before the King the most crying grievances of the
people, and had exerted himself with his fellow Com-
missioners to secure fair and honourable terms for the
Scotch, whilst Charles and Strafford would treacherously
have superseded the treaty by force of arms. But, on
the other hand, when he saw the power of Parliament
outstepping what he believed to be the bounds of its
own province, " stretching points of old law or making

1 Hist, of the Rebellion, vol. ii. p. 244.

410 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

" new law" to reach offenders who might otherwise have
escaped the desired penalty, he refused to join in any
such extreme measure, and lent his support to maintain
the dignity of the Throne. The same respect for au-
thority marked his conduct towards the Church, With-
out the exhibition of any undue .confidence in its
ministers, " he was not to be shaken," says Lord
Clarendon, " in his affection to the government of the
" Church, though it was enough known that he was in
" no degree biassed by any great inclination to the
" person of any churchman."1 With such feelings of
deference towards the Throne and the Church it re-
dounded greatly to Lord Hertford's credit that he pre-
served the good opinion of the political party with
whom he had been acting, and in whose general views
of reform he concurred. " That party," continues Lord
Clarendon, " carried themselves towards him with pro-
" found respect, not presuming to venture their own
" credit in endeavouring to lessen his.":

It is probable that in regard to Lord Strafford Lord
Hertford was early treated with some confidence by the
King, for only a week after his committal to the Tower
the following entry appears in the Journals of the
Lords :—

" Nov. 19. This day the Earl of Hertford, by the King's
command, and the Earl of Cleveland, upon his own occasions,
moved the House that they may have leave to go to the Earl
of Strafford this afternoon ; which was granted them."3

What was the object of the King's message by Lord
Hertford does not transpire. Lord Hertford was one

1 Hist, of the Rebellion, vol. ii. p. 245. 2 Ibid.

3 Lords' Journals, vol. iv. p. 93.

CHAP. VI. LORD HERTFORD'S CONDUCT. 41 1

of ten peers who were deputed by the House to take
the preparatory examinations in the Earl of Strafford's
case,1 but it is to be presumed, from Lord Clarendon's
account of his feelings and conduct on the subject, that
this task was not undertaken by him in any spirit of
hostility towards the prisoner.

The witnesses were to be examined not only in pre-
sence of these ten peers, but also of such members of
the House of Commons as that House deputed to
attend ; and all were enjoined by the House to secrecy,2
— an injunction, however, that was declared not to be a
precedent for the future.3

The next day, by desire of the Commons, the follow-
ing witnesses were called upon to make oath at the bar
of the House of Lords-

" That they would speak the truth, the whole truth, and
nothing but the truth ; and that they would not be influenced
either for fear, favour, affection, or any other cause whatsoever,
whether their depositions be in writing or by word of mouth."

LORD ARCHBISHOP OF CAN- SECRETARY WINDEBANK.

TERBURY. SECRETARY VANE.

LORD ADMIRAL. SIR THOMAS JERMYN (Comp-

EARL OF CAMBRIDGE. troller of his Majesty's House-

LORD COTTINGTON. hold). '

LORD VISCOUNT WILLMOTT.

1 Lords' Journals, vol. iv. p. 103. 2 Ibid.

3 The Lords then retired to the Prince's lodging to frame the following
oath of secrecy, to be taken by the Attorney-General and Serjeant Glan-
vile, who were to be in attendance during this private examination : —
" You shall swear that in your writing and setting down of the examina-
" tions of the witnesses to be produced before the Lords deputed in the
" case of the Earl of Stratford, and in all things concerning the same, you
" shall well, truly, and faithfully behave yourselves. So help you God !"
—Ibid., p. 104. ' 4 Ibid., p. 133.

412 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

The summons by Lord Stafford's accusers of the
highest officers of the Crown and the immediate attend-
ants of the King to appear as witnesses on the trial of
his most favoured minister was strongly indicative of
the diminished influence of the Court and the increasing
power and courage of the Parliament.

On the 13th of January, 1640-1, Mr. Pym was the
bearer of a message from the Commons, to request that
the examinations taken at their request by the Lords
should be delivered up to them.1 Lord Strafford peti-
tioned by letter against their so doing, but his petition
was rejected without answer, and the preparatory ex-
aminations were delivered to the Commons, that they
might draw from them the special grounds of charge
against him.2 On the 22nd of March, 1640-1, the trial
commenced in Westminster Hall. The Earl of Straffbrd
was brought to the bar by the Lieutenant of the Tower,
and there remained on his knees till commanded to rise
by the Lord Steward, who then informed him that he
was that day to receive his trial for life.3

During the proceedings relating to the trial Lord
Hertford's name is entered in the Journals upon one or
two occasions as being on committees to which doubtful
points respecting the admission of evidence were re-
ferred ; but nothing is preserved that marks the indivi-
dual opinions of Lord Hertford or of the others who

1 Lords' Journals, vol. iv. p. 133. 2 Ibid.

3 Ibid., p. 194. The Lord Steward told him " that he was to answer
" the whole accusation of high treason, which he stands charged of, in the
" name of the House of Commons now assembled in Parliament, and in
" the name of all the Commons in England ; and that this day he is to
" receive his trial for his life."

CHAP. VI. LORD HERTFORD'S CONDUCT. 413

served with him. Lord Clarendon, however, narrates
a conversation which took place on the 26th of April
between himself and the Earl of Bedford on the subject
of passing the bill of attainder against the Earl of Straf-
ford, and by that it incidentally appears on which side
Lord Hertford endeavoured to use his influence in
private.1

" Mr. Hyde going to a place called Piccadilly (which
" was a fair house for entertainment and gaming, with
" handsome gravel walks with shade, and where were
" an upper and lower bowling-green, whither very
" many of the nobility and gentry of the best quality
" resorted, both for exercise and conversation2), as soon
" as ever he came into the ground the Earl of Bedford
" came to him, and, after some short compliments upon
" what had passed in the morning,3 told him ' He was
" glad he was come thither, for there was a friend of
" his (meaning the Earl of Essex) in the lower ground
" who needed his counsel.' The Earl of Bedford
then proceeded to state his fears lest the violence and
want of temper in the Parliament should destroy their
own happiness; that the business concerning Lord
Straiford was a rock upon which they would split ;
" that the passion of Parliament would destroy the
" kingdom ; and that the King was ready to do all they
" could desire if the life of the Earl of Strafford might

1 ' Hist, of the Rebellion,' vol. i. p. 422. Lord Clarendon says, " it
" was in the afternoon of the same day when the conference had been in
" the Painted Chamber upon the Court of York," which was on the 26th
of April. — Vide Parliamentary Hist., vol. ii. p. 766.

• Concerning Piccadilly Hall, see Cunningham's Handbook of London,
Art. Piccadilly.

3 Viz., Mr. Hyde's Speech upon the Court of York.

414 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

u be spared.'* He also spoke of what he knew were the
King's feelings on the point of being expected to give his
consent to an Act of Parliament to which his conscience
did not assent, though, as he declared, if " they would
" take his death upon them by their own judicatory, he
" would not interpose any act of his own conscience."

The Earl of Bedford's opinions respecting Lord
Strafford's guilt, and the mode of proceeding against
him, were such as left him no scruple in giving his own
vote for the bill, but he, nevertheless, felt that the King
ought not to be pressed to perform an act that was so
contrary to his principles ; he was therefore disposed to
be satisfied with the King's promise of holding Lord
Strafford incapable of filling any office for the future, his
imprisonment or banishment for life ; all or any of which
punishments the King declared himself willing to inflict
as justly due to the misdemeanours of his minister.2

1 Hist, of the Rebellion, vol. i. p. 423. The King's sentiments, as here
stated by the Earl of Bedford, were embodied four days later (April 30)
in a speech which the King himself addressed to both Houses. — Tide Xal-
son's ' Coll.,' vol. ii. p. 186.

2 Lord Clarendon considers the sudden illness and death of the Earl of
Bedford to have been one of the main causes that contributed to the pass-
ing of the bill. " He had," says he, " secretly undertaken to his Majesty
" that the Earl of Strafford's life should be preserved, and to procure his
" (the King's) revenue to be settled as amply as any of his progenitors'.
"... He fell sick (of the small-pox) within a week after the bill of
" attainder was sent up to the Lords' House, and died shortly after, much
" afflicted with the passion and fury which he perceived his party inclined
" to, insomuch as he declared to some of near trust with him ' that he
" feared the rage and madness of this Parliament would bring more preju-
" dice and mischief to the kingdom than it had ever sustained by the long
" intermission of Parliaments.' He was a wise man, and would have pro-
" posed and advised moderate courses, but was not incapable, for want of
" resolution, of being carried into violent ones, if his advice were not sub-
" mitted to."— Hist, of the Rebellion, vol. i. p. 446.

is
it,

CHAP. VI. LORD HERTFORD'S CONDUCT. 415

The " main difficulty," continued the Earl of Bedford,
" was to persuade the Earl of Essex to accede to this
" compromise, for he found him so obstinate that he

could not in the least prevail with him." He added,

that he had just left his brother, the Earl of Hertford,
" with him in the lower ground, and that of his good
" offices to move the Earl of Essex from his severer
" purpose he knew there was no doubt, and wished Mr.
u Hyde to join them there, and take his turn to persuade
" the Earl of Essex to what was reasonable."1

Mr. Hyde found them walking alone together. The
Earl of Hertford remained but a short time, and then
purposely left Mr. Hyde with the Earl of Essex. Mr.
Hyde availed himself of the opportunity to urge every
argument in favour of accepting the King's offered
assurance of security from any future power of evil in
the minister rather than insisting on the extreme punish-
ment for past offences.

Mr. Hyde met with no better success than the Earls
of Bedford and Hertford. Lord Essex was inflexible.
He had no confidence in the promise of an alterna-
tive which depended for its performance on the firmness
of purpose or the good faith of the King. He shook
his head. " Stone dead hath no fellow" was the stern
reply, and then in explanation he added, " that if
" Lord Strafford were judged guilty in a praemunire
u according to the precedents cited, or fined in any other
" way, and sentenced to be imprisoned during his life,
" the King would presently grant him his pardon and
" his estate, release all fines, and would likewise give

1 Hist, of the Rebellion, vol. i. p. 424.

416 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

" him his liberty as soon as he had a mind to receive
" his service, which would he as soon as the Parliament
" should he ended."1

In this mistrust of the King consists the chief argu-
ment in favour of the mode of proceeding against Lord
Strafford. That his crimes were great, and that, in respect
to moral guilt, he was more worthy of death than many
who have suffered without infringement of law or devia-
tion from justice, is a point which few will now dispute,
and was in fact virtually admitted by Charles himself in
his addresses to Parliament in behalf of his minister.
But a trial for high treason, in which it was advanced
as an opinion, and adopted as a principle, that no fair
play was to be shown to the prisoner, but that he was to
be knocked down like a wild beast,2 and that there was
no law for those who dealt not according to law with
others3 — a trial that sought to shape judicial proceed-
ings so as to confirm and justify a foregone conclusion
for capital punishment- -must have been repugnant not
only to those who, like Lord Hertford, withheld their

1 Hist, of the Rebellion, vol. i. p. 426.

2 " It 's true we give law to hares and deers, because they be beasts of
" chace ; it was never accounted either cruelty or foul play to knock foxes
" and wolves on the head as they can be found, because these be beasts of
" prey. The warrener sets traps for polecats and other vermin for preserv-
" ation of the warren."

3 " It hath often been inculcated that lawmakers should imitate the
" Supreme Lawgiver, who commonly warns before he strikes. The law
" was promulgated before the judgment of death for gathering the sticks.
" No law, no transgression. To this rule of law is ' Frustra legis aux-
" ilium invocat, qui in legem committit,' from the Lex Talionis. He that
" would not have had others to have a law, why should he have any him-
" self? Why should not that be done to him that himself would have
"done to others?" — Vide St. John's Speech, Xalson, 'Coll.,' vol. ii.
p. 184.

CHAP. VI. LORD STBAFFOKD'S ATTAINDER. 417

support, but to many even of those who from motives of
patriotic policy voted for the bill of attainder.1 From
mistrust of the King the Parliament ventured to do
that which even at the time was allowed by its owrn
decision unfit for a precedent.

Had Charles been capable of gathering wisdom from
experience, the terrible punishment which this mistrust
brought down upon him might have served as a warn-
ing.2 The judgment of Brutus and the assassination of

The bill of attainder was only carried in the Lords by a majority of
twenty-six over nineteen. Lord Hertford, Lord Holland, and Lord Bristol
were absent, from what cause does not appear. — Xalson, ' Coll.,' vol. ii.
p. 316. The conduct of these Lords, in absenting themselves upon so im-
portant an occasion, and when the majority by which the bill was carried
was only seven in number, is inexplicable. Lord Hertford's opinion was
so decidedly adverse to the bill, that it seems hardly consistent with the
straightforward course he pursued on other occasions not to have sup-
ported that opinion with his vote. But no reason is assigned for his having
declined this responsibility, and his absence neither diminished the growing
favour of the King, nor called forth from Lord Clarendon animadversions
similar to those which he makes on the Bishops, who absented them-
selves in a body from the House of Lords on Lord Strafford's trial, on the
ground of its being a question of life. He says, — " Their unseasonable,
" voluntary, unjust quitting it then, made many men less solicitous for the
" defence of their right afterwards."-— Hist, of the Rebellion, vol. i. p. 382.
2 The following passage, to be found in Whitelock's ' Memorials,' p.
39, would certainly imply that the conduct of the managers of Lord Straf-
ford's trial was neither free from the animosity of faction nor the bitterness
of disappointed ambition : — " There was a proposal (the subject of much
" discourse) to prevent all this trouble, and to restore the Earl of Straf-
" ford to his former favour and honour, if the King should prefer some
" of the grandees to offices at Court, whereby Strafford's enemies should
" become his friends, and the King's desires be promoted. It was -
" should be made Lord Treasurer ; the Lord Say, Master of the Wards ;
" Mr. Pym, Chancellor of the Exchequer ; Mr. Hollis, Secretary of State ;
" Mr. Hampden, tutor to the Prince ; others to have other places. In
" order whereunto the Bishop of London resigned up his Treasurer's staff,
" the Lord Cottington his place of Master of the Wards, and the rest were
" easily to be voided. But whether upon the King's alteration of his mind,
" or by what other means it came to pass, is uncertain : these things were
VOL. II. 2 E

418 LIFE OF MAKQUIS OF HERTFORD. CHAI-. VI.

Qrsar were in accordance with notions of stern justice
and inflexible patriotism, and the sacrifice offered,
though repugnant to nature and in defiance of every
private feeling, left the judge without compunction and
the assassin without remorse. Whatever judgment we
may pass on their rule of conduct, they acted on prin-
ciples which they avowed, and they believed themselves

" not effected ; and the great men, baffled thereby, became the more in-
" censed and violent against the Earl, joining with the Scots Commis-
" sioners, who were implacable against him." Lord Clarendon makes
mention more than once of this intention to enlist the leaders of the adverse
party in the King's service by promoting them to the great offices of State :
— " The Earl of Bedford," says he, " was to be Treasurer, in order to
" which the Bishop of London had already desired the King to * receive
" the staff into his hand, and give him leave to retire to the sole care of
" his bishopric.' . . . Mr. Pym was to be Chancellor of the Exchequer,
" which office the Lord Cottington was likewise ready to surrender, upon
" assurance of indemnity for the future." Oliver St. John, at the desire
of the Earl of Bedford, was made Solicitor-General. " Lord Say was to
" be Master of the Wards, which place the Lord Cottington was likewise
" to surrender. . . Denzil Hollis to be Secretary of State in the place of
" Secretary Windebank. . . Hampden was a man they could not leave
" unprovided for, and therefore there were several designs for the satisfac-
" lion and promotion of him, and Essex, and Kimbolton, and others,
" though not so fully concluded as those before mentioned." It would
seem, from Lord Clarendon's account, that the King's chief end in making
so great a concession as calling these persons to the offices of highest trust
was the hope of saving the life of Lord Strafford. On the other hand,
however, those who were to be so preferred thought " their preferments
" would be of little avail if the Earl's life were spared." With respect to
the Church, the majority of them " would have been willing to satisfy the
" King." But the continued and renewed violence in the prosecution of
the Earl of Strafford made the King wish to postpone their promotion for
a time. — Hist, of the Rebellion, vol. i. pp. 370-72. Lord Clarendon re-
gretted the failure of these intended arrangements, and does more honour
to his opponents than did AVhitelock to his friends. " It is a great pity,"
says he, " that it was not fully executed, that the King might have had
" some able men to have advised or assisted him, which probably these
" very men would have done after they had been so thoroughly engaged."
—Ibid., p. 371.

CHAP. VI. LORD STRAFFORD'S ATTAINDER. 419

justified. Charles set his hand to the warrant of death
not only at the sacrifice of every tie of personal honour
and of private feeling, hut in defiance of his professed opi-
nions and against the strongest dictates of his conscience.

Nor can it be said the Parliament did wisely or well
to seek from him that worst pledge for future good
faith, the violation of the principles he had so openly
and decidedly avowed. No doubt there is much to be
urged in excuse for the reactionary spirit that evinced
itself in this Parliament even at the outset of its meet-
ing. Gross abuses had not only long existed, but had
been felt as such ; and whilst the nation had been used
to the consideration of grievances its representatives
were unused to the proceedings of a deliberative as-
sembly ; the habit of considering and calculating conse-
quences, taught only by responsibility and learnt only by
experience, was necessarily wanting amongst men who
for twelve years (with one short exception) had been
debarred from the exercise of functions they were now
called upon to perform. A heavy censure must rest on
the rash violence and precipitate injustice of too many
of their acts within a few months of their being called
together ; but certainly that censure must be shared by
those who, having caused or encouraged the long cessa-
tion of Parliament, necessarily gave at last to unprac-
tised men a power which, gaining force by action, soon
became too strong for guidance.

The activity of Parliament from the moment of its
meeting must have fully satisfied the wishes of the
nation ; and whilst reforms and impeachments were
proposed and carried in rapid succession, the treaty

2 E 2

420 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

with Scotland, now transferred to London, was not neg-
lected.

The labours of the English Commissioners did not
cease by the removal from Ripon to London. Soon after
Parliament met, the King having issued a new Com-
mission under the Great Seal, appointing the same
Commissioners that had been chosen before, the House
of Lords approved of the choice, and on the 19th of
November communicated their approval to the Commons,
adding, however, " that nothing done by them shall
" bind or conclude this House, unless this House be
" first acquainted therewith and approve thereof."1 The
House of Commons also approved the choice of the
Commissioners, but added on their part also that " no
" conclusion of theirs shall bind the Commons without
" their consent in Parliament."

It was not till the 10th of August, the day of the
King's departure for Scotland, that this treaty was
brought to a conclusion. His Majesty came down to
the House of Lords before setting out on his journey in
order to pass different bills, and it was then he gave his
assent to an " Act for the Confirmation of the Treaty
" of Pacification between the two kingdoms of England

*j o

" and Scotland," and also " An Act for securing by
u Public Faith the remainder of the Friendlv Assist-

ance and Relief promised to our Brethren of Scot-
land." In the afternoon of that same day a confer-
ence took place between the two Houses, the result of
which was thus reported to the Lords :— " That whereas

1 Lords' Journals, vol. iv. p. 94. '2 Ibid., p. 95.

3 Ibid., p. 356.

a
a

tt
It
it

CHAP. VI. TREATY WITH THE SCOTS. 421

" it was formerly intimated at a conference that the
" Scottish Commissioners declared that their army
;< would draw themselves into a camp, and begin to
" march away out of this kingdom within eight-and-
t; forty hours after they had received the moneys of
" arrears at Newcastle and the S0,000/. in part of the
" brotherly assistance, and had security for the payment
" of the rest ; the House of Commons having now
u paid them all their arrears at Newcastle and 80,000/.
" in London, and performed all that was agreed to
be performed by them, they desire that the Lords
Commissioners may move the Scots Commissioners,
in the name of both Houses of Parliament, that their
" army may march away, according to their promise.
" And further, the House of Commons desires this
" House would join with them to write letters to the
" Lord General of the King's army to disband the
" horse and foot presently, that so peace may be
" settled and jealousies removed."

Letters were accordingly written to the Lord General
(the Earl of Holland) from both Houses of Parliament
(the first dated August 11), ordering him, " with all
possible speed, to disband all the regiments of foot
and the train of artillery in his Majesty's army," and
informing him of the engagement made by the Scots
Commissioners for the immediate return of their army
to Scotland upon the receipt of the promised arrears.2
The next letter, sent a few days later, announced to the
Lord General u the Treaty of Pacification having come
" to a happy and peaceable conclusion."

i Lords' Journals, vol. iv. pp. 357-8. 2 Ibid., pp. 359-60. 3 Ibid., p. 363.

u
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422 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

It was proposed by the Commons that Commissioners
should be sent to Scotland from both Houses to see the
treaty performed there ; and accordingly Lord Howard
of Esterigg and the Earl of Bedford were named by
the Lords, together with four members of the House of
Commons, to go for that purpose as Commissioners to
Scotland.1

The 7th of September was appointed as the day of
thanksgiving throughout the kingdom for the conclusion
of the peace between England and Scotland. The fulfil-
ment of the conditions agreed on did not rest with those
Commissioners who had been first appointed at York
and re-appointed in London "; their duties as Commis-
sioners had now therefore terminated.2

In order to trace Lord Hertford's conduct in Par-
liament on other measures, it will be necessary to

recur to an earlier period of the memorable session of
1640-1 ; and though the information is only to be
gathered from such notices as are preserved in the
Lords' Journals, there is enough to show that he took
part in many of those subjects on which the abuse of
power most needed reformation. His name appears on
the 4th of January, 1640-1, as one of a Committee to
inquire into the proceedings of the Star Chamber against

1 Lords' Journals, vol. iv. p. 370. — Xathaniel Fynes, Sir William
Armyn, Sir Philip Stapleton, and John Harnpden.

2 " On the 25th of October, 1641, the House ordered thanks to the
" Earl of Holland, late Lord-General of his Majesty's army in the north,
" for his Lordship's great care and diligence in disbanding the said army
" so happily for the preservation of the safety and quiet of this kingdom ;
" which accordingly was done immediately by the Lord Keeper, in the
" name of this House." — Lords' Journals, vol. iv. p. 404.

u
u
a

CHAP. VI. LORD HERTFORD A PRIVY COUNCILLOR. 423

Sir Richard Wiseman, and also to examine the institu-
tion and power of that Court.1

On the 9th of February he was one of a Committee
appointed to see immediately and effectually " a vacat
made of the judgment given in Mr. Hampden's case
in the Exchequer concerning ship money, and likewise
a vacat upon all the enrolments of the judges' extra-
judicial opinions in other Courts concerning ship-
" money, with the resolutions of the House of Lords
" annexed." 2

On the 15th of February the Commons desired that
a certain number of peers might accompany the mem-
bers of their House chosen to wait upon the King, and
to move him with a request he would pass the bill for
triennial Parliaments, together with the bill of subsidies.
that afternoon. Lord Hertford was one of the five
Lords deputed on that mission,3

He also sat on the Committee for taking into " consi-
" deration all innovations in the Church concerning
" religion." 4

On the 8th of May he was twice sent on messages to
the King, the first time with three other peers,5 to urge
the Royal assent being given to the bill for the continu-
ance of the Parliament, and the second time in company
with five other peers,6 on the part of both Houses, to

1 Lords' Journals, vol. iv. p. 124. 2 Ibid., p. 156.

3 Ibid., p. 162.— The Earl Marshal, the Lord Chamberlain, Earl of
Bedford, Earl of Hertford, Earl of Holland.

4 Committee appointed March 1st. — Lords' Journals, vol. iv. p. 174.

5 Lord Chamberlain, Earl of Bath, Earl of March.

6 Lord Chamberlain, Earl of Warwick, Earl of Cambridge, Earl of
Holland, Viscount Sav and Sele.

* V

424 LIFE OF MARQUIS OF HERTFORD. CHAP. VI.

move the King to appoint the Earl of Essex Lord Lieu-
tenant of Yorkshire.1

But whilst Lord Hertford was thus acting in concert
with those whose efforts were directed towards restrain-
ing the exercise of undue interference and power on the
part of the Crown, he had been added by the King,
together with six other peers, to his Privy Council, and
on the 19th of February, 1640-1, he and they were
sworn Privy Councillors.2

1 The House of Commons sent the following message to the Lords,
" that they, having considered the dangerous estate which this kingdom is
" in at this time, especially the northern parts, do desire that the trained
" bands of the county of Yorkshire (being now considerable) may be put
" into a safe hand. To that purpose they desire their Lordships would
" please to join with them to move his Majesty effectually that the Earl
" of Essex (who is a person of honour and integrity) may by his commis-
" sion be made Lord Lieutenant of Yorkshire." — Lords' Journals, vol. iv.
p. 241.

8 " At Whitehall, the 19th of February, 1640-1.

" This day the Earl of Bedford, the Earl of Essex, the Earl of Hert-
" ford, the Earl of Bristol, the Lord Viscount Say and Sele, the Lord
" Mandevile, and the Lord Savile were sworn Privy Councillors, took
" their places at the Board, and signed." — Council Register.

CHAP. VII. MOTIVES FOR HIS APPOINTMENT. 425

CHAPTER VII.

Reasons which induced the King to make Lord Hertford a Privy
Councillor. — It was a concession to the parliamentary party. — Pielation
of the Privy Council to Parliament in the reign of Charles I.— The
King attempts to strengthen his Government hy adding members of
the popular party to the Privy Council. — Explanation of this policy.

THE nomination of Lord Hertford to the Privy Council
in no way affected his relations with his own party,
but it may seem strange that those who, like him and
the Earls of Essex, Bedford, &c., were thus engaged in
every measure hostile to arbitrary power, should, at the
very time when that influence was much resented by
the King, have been selected by him to become Privy
Councillors. Lord Clarendon has, however, clearly ex-
plained the motives that actuated the King on this occa-
sion. It is in this explanation that Lord Clarendon first
distinctly sketches out the great principle of parliamen-
tary ascendancy which has been so fully developed and
unhesitatingly received in later times — a principle which
has taught every English statesman to look to the ap-
probation of Parliament, and not to the personal favour
of the King, for appointment in the administration of
national affairs, and compels the minister of the Crown
to remember that his responsibility to Parliament is in
no way lessened by royal protection.

The King, after the removal of Lord Strafford and
Archbishop Laud from his presence and counsels, had

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426 LIFE OF MARQUIS OF HERTFORD. CHAP. VII.

declared his intention " to reform all those extravagan-
u cies which former necessities, or occasions, or mis-
" takes, had brought into the government of Church or
" State ;'n and it was represented to him that he could
give no better evidence of his intentions " than by
calling such persons to his council whom the people
generally thought most inclined to and intent upon
" such reformation." 2 " Hereupon, in one day, were
" sworn Privy Councillors, much to the public joy, the
" Earl of Hertford, the Earl of Bedford, the Earl of
u Essex, the Earl of Bristol, the Lord Say, the Lord
u Savile, and the Lord Kimbolton,3 and within two or
three days after the Earl of Warwick, being all per-
sons at that time very gracious to the people, or to
" the Scots, by whose election and discretion the people
" chose ; and had been all in some umbrage at Court,
" and most in visible disfavour there." The King, it
seems, acceded " cheerfully" to making this selection
from the popular party, being, as Lord Clarendon says,
" heartily inclined to some of them, as he had reason,
" and not apprehending any inconvenience by that act
" from the other, whom he thought this light of his
" grace would reform or at least restrain."

But however well grounded might be the King's
hearty inclination to some of the new Privy Councillors,
it is clear that neither adherence to the body they had
been called upon to join nor allegiance to the King
were at that time regarded by them as separable from

1 Hist, of the Rebellion, vol. i. p. 341. 2 Ibid.

3 Lord Mandevile. 4 Hist, of the Rebellion, vol. i. p. 341.

5 Ibid.

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CHAP. VII. POWER OF THE COUXCIL. 497

their duty and responsibility to Parliament. " Instead
" of exercising themselves in their new province and
endeavouring to preserve and vindicate that jurisdic-
tion, they looked upon themselves as preferred thither
'•' by their reputation in Parliament, not by the kind-
" ness and esteem of the King; and so resolved to
" keep up principally the greatness of that place to
" which they thought they owed their own greatness.
And therefore, when the King required the advice of
his Privy Council in those matters of the highest im-
portance which were then every day incumbent on
him, the new Privy Councillors positively declared
' that they might not' (that was, that nobody might)
' give his Majesty any advice in matters depending in
" the two Houses, which was not agreeable to the sense of
" the two Houses ; which they called his great council,
" by whose wisdom he was entirely to guide himself.'

By this " doctrine," which, Lord Clarendon says,
was " insipidly and perniciously urged by some," and
" supinely and stupidly submitted to by others," he
points out how the King wras at once deprived of all
real power to exercise the veto or give his assent to such
things as were proposed by the two Houses — a power
which had hitherto been reserved to the Crown on
measures which had been concluded in Parliament, and
which he deems it was the especial province of the
King and Privy Council to reconsider.2

1 Hist, of the Rebellion, vol. i. p. 345.

2 Lord Clarendon thus expresses the principle on which the advice of
the Privy Council was to be tendered, and the King's assent to be given to
such bills as had passed the Houses of Parliament : — " It is not only
" lawful for the Privy Council, but their duty, to give faithfully and freely

428 LIFE OF MARQUIS OF HERTFORD. CHAP. VII.

The " doctrine" respecting the supremacy of Parlia-
ment, which he regarded as so pernicious, is no other
than that in which the Sovereign of a constitutional
monarchy now, under ordinary circumstances, naturally
acquiesces ; but it was then no less novel than startling.
In the discussion between Mr. Hyde and Lord Essex
on the question of the King's consent to the bill of
attainder Lord Essex asserted " that the King was
" obliged in conscience to conform himself, and his own
" understanding, to the advice and conscience of his
" Parliament;'' which was, adds Lord Clarendon, " a
" doctrine newly resolved by their divines, and of great
" use to them for the pursuing their future counsels."

The position of the Sovereign respecting Parliament
was at this time greatly changed from what it had been

" their advice to the King upon all matters concluded in Parliament, to
" which his Royal assent is necessary, as well as upon any other subject
" whatsoever. Nay, a Privy Councillor, as such, is bound to dissuade
" the King from consenting to that which is prejudicial to the Crown, at
" least to make that prejudice manifest to him, though as a private person
" he could wish the matter consented to. And therefore, by the constitu-
" tion of the kingdom, and the constant practice of former times, all bills,
" after they had passed both Houses, were delivered by the clerk of the
" Parliament to the clerk of the Crown, and by him brought to the
" Attorney-General, who presented the same to the King sitting in
" Council, and, having read them, declared what alterations were made by
" those bills to former laws, and what benefit or detriment, in profit or
" jurisdiction, would accrue thereby to the Crown ; and then, upon a full
" and free debate by his councillors, the King resolved accordingly upon
" such bills as were to be enacted into laws, and respited the other that
" he thought not fit to consent to. As this hath been the known practice,
" so the reason is very visible, that, the Royal assent being a distinct and
" essential part towards the making a law, there should be as much care
" taken to inform the understanding and conscience of the King upon
" those occasions as theirs who prepare the same for his royal assent." —
Hist, of the Rebellion, vol. i. p. 346-7.

1 Ibid., p. 427. 2 Ibid.

CHAP. VII. THE CROWN AND PARLIAMENT. 429

during the reigns of Elizabeth and James. In those
days Parliaments were of short duration, and bore but a
comparatively small part in the government of the
country. No system of political party in Parliament
had ever been organized ; the fear or respect of Parlia-
mentary leaders was unknown. When Parliament
showed a disposition to assert its power in opposition to
the wishes of the Sovereign, dissolution was the infal-
lible remedy, whilst imprisonment awaited those mem-
bers whose sentiments had been expressed with a
freedom displeasing to the Court. These were the
expedients by which Charles, no less than his predeces-
sors, had for a while held in check the growing consci-
ousness of its privileges that Parliament evinced.

But circumstances arose which made these expedients
useless or dangerous. Financial difficulties forced the
recall of Parliaments that had been hastily dissolved,
and the Royal assent had been given to Acts of Parlia-
ment which rendered a system of personal intimidation
dangerous in future for the Sovereign to repeat. Con-
ciliation was now therefore the remaining alternative by
which Charles might hope to deal with his Parliament ;
and difficult as it may be to apprehend the moment
when constitutional changes become a necessity, it is not
difficult to understand at all times the probable effects
of conciliation towards opponents.

Without the slightest imputation of baseness or servi-
lity on either side, the exercise of that spirit often
spares many of the misunderstandings which aggravate
opposition into hostility ; and when conciliation may
safely advance to confidence, the consciousness of being

430 LIFE OF MARQUIS OF HERTFORD. CHAP. VII.

trusted begets in honourable minds a stronger sense of
responsibility, and a keener perception of the arguments
on each side of doubtful or disputed questions ; so that
the partisanship of the advocate is exchanged for the
deliberation of the judge. The proverb quoted by Ma-
chiavelli — " Un ammo in Piazza, un altro in Palazzo,"
may be satirically applied to suggest the corrupting ten-
dency of high place to convert the champions of liberty
into the oppressors of the people; but it has another and
a better application, and well points to the change which
knowledge brings with the participation in affairs and
the exercise of power. No base change of principle is
involved when, from change of position, a larger view is
opened to guide the judgment; no servile abandonment
of principle should be imputed when those who, as
lookers-on, had seen only with the eyes of critics, learn
by participation in action to feel the weight of responsi-
bility and to appreciate the difficulties inseparable from
government, or when, by sharing in the counsels of the
state, they acquire a personal, no less than a patriotic
interest, in such measures as they have assisted to frame.
Lord Clarendon was fully sensible of the policy of
employing leaders of the party opposed to the Court but
supported by Parliament, but it was only as policy ;l he

1 Lord Clarendon says, — " It was a great pity the intrigue for prefer-
" ments was not fully executed, that the King might have had some able
" men to have advised or assisted him, which probably these very men
" would have done after they had been so thoroughly engaged ; whereas
" the King had none left about him in any immediate trust in business
" (for I speak not of the Duke of Pdchmond, and some very few men more
" about his person, who always behaved themselves honourably) who
'•either did not betray or sink under the weight or reproach of it." —
' Hist, of the Rebellion,1 vol. i. p. 371. " If that stratagem (though none

CIIAI>. Vil. THE CROWX AND PARLIAMENT. 43 1

speaks of it as a plan or intrigue, as a stratagem to
moderate their hostility or win over their opinions ; he
treats it as a wise expedient, founded on observation of
human nature and knowledge of human motives, but
certainly not as an admission of the propriety of the
" New Doctrine" respecting the supremacy of Parlia-
ment. During the long intermissions of Parliament
the King and the Privy Council had formed the legis-
lature of the country;1 when Parliament was sitting
the Privy Council became a third deliberative assem-
bly, where the questions concluded in Parliament were
to be re-debated for the guidance of the King's final
decision.

Lord Clarendon was far from being favourable to the
unadvised arbitrary exercise of the sovereign's will in
giving or withholding the Royal assent to the measures
of Parliament -,2 but he could not brook that change by

'• of the best), of winning men by places, had been practised, as soon
" as the resolution was taken at York to call a Parliament (in which
"it was apprehended dangerous attempts would be made, and that the
<• Court would not be able to resist those attempts), and if Mr. Pym,
" Mr. Hampden, and Mr. Hollis had been preferred, with Mr. St. John,
" before they were desperately embarked in their desperate designs, and
" had innocence enough about them to trust the King, and be trusted by
" him, having yet contracted no personal animosities against him, it is
" very possible that they might either have been made instruments to
" have done good service, or at least been restrained from endeavouring to
" subvert the royal building, for supporting whereof they had been placed
" as principal pillars." — Ibid., vol. ii. p. 60.

1 Ibid., vol. i. p. 338.

2 Lord Clarendon speaks of the necessity of " cherishing and preserving
" the wisdom, integrity, dignity, and reputation of the Privy Council; the
" lustre whereof always reflects upon the King himself, who is not
" thought a great monarch when he follows only his own reason and appe-
" lite, but when, for the informing his reason and guiding his actions, he

432 LIFE OF MARQUIS OF HERTFORD. CHAP. VII.

which the King and the Privy Council were to become
only the formal instruments to give effect to the deci-
sions of Parliament: nor can those justly be blamed
who viewed with mistrust and alarm this great constitu-
tional change.

Experience has proved what foreknowledge could not
teach. By experience it has been shown that on the
representatives of a nation must rest the main responsi-
bility of their acts, and that powerful popular assemblies
can only be co-existent with the fixed power of the
Throne by guidance and by concession, not by forcing
or thwarting their will. Could Charles have early un-
derstood and honestly acted upon the " New Doctrine,"
— had he early chosen for his advisers those whom the
Parliament had already chosen as their leaders,1 and
thus thrown the responsibility of legislation on the Par-
liament,— he might have saved his throne and spared
the country the disasters that unavoidably accompanied
and followed its overthrow.

It may be difficult to determine the precise moment
at which such concession became too late ; but it was
certainly not likely to have been made early by the
King, or to have even been received by the popular

" uses the service, industry, and faculties of the wisest men." — Hist, of
the Rebellion, vol. i. p. 344.

1 Lord Clarendon was very sensible of the disadvantage that accrued to
the King from the want of able ministers in the House of Commons : —
" The King," says he, "had at that time a greater disadvantage (besides
" the concurrence of ill and extraordinary accidents) than himself or any of
" his progenitors had ever had before, having no servant of the House of
" Commons of interest, ability, and reputation, and of faithfulness and
" affection to his service." — Ibid., vol. ii. p. 59.

CHAP. VII. THE CROWN AND PARLIAMENT. 433

party on the ground of settled and acknowledged prin-
ciple. Both sides were likely rather to regard it as the
defeat or victory in the struggle for power ; and how-
ever much to be regretted, it cannot afford matter of
surprise, that the spirit of hostility described by Lord
Clarendon should have arisen between the King, who
held to the sovereignty of the Crown and Privy Coun-
cil, and the party who, seeking only the approbation of
Parliament, virtually acknowledged only the supremacy
of that body. The King says he expected their service
in Parliament " before he trusted them with power."
The service he expected from them depended on their
possession of that power, and a they could not be ex-
" pected," says Lord Clarendon, " to desert that side
el by the power of which they were sure to make them-
" selves considerable, without an unquestionable mark of
a interest in the other, by which they were to keep up
" their power and reputation ; and so, whilst the King
" expected they should manifest their inclinations to his
u service by their temper and moderation in those
" proceedings that most offended him ; and they endea-
" voured, by doing all the hurt they could, to make
" evident the power they had to do him good, he grew
" so far disobliged and provoked that he could not in
" honour gratify them ; and they so obnoxious and guilty
" that they could not think themselves secure in his
favour, and thence, according to the policy and method
of injustice, continued to oppress that power they had
injured, and to raise a security for themselves by dis-
" abling the King to question their transgressions.

1 Hist, of the Rebellion, vol. ii. p. Gl.
VOL. II. 2 F

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434 LIFE OF MARQUIS OF HERTFORD. CHAP. VII.

Lord Clarendon alludes to the great disservice which
befel the King by making these new Privy Councillors ;
and though he qualifies his censure by adding that he
speaks of " some of them," he also represents him as
" being bereaved of all public assistance and advice when
" he needed it most." So far as these Privy Councillors
were with truth open to the charge of neglecting or
subverting the power or endangering the existence of
the Crown, they cannot be justified ; for, when the bar-
riers were falling that should as surely have fenced the
sovereign from the incursions of the people as the people
from undue infringement on their liberty, it behoved
the guardians of authority to use for its safety every
constitutional weapon that might avert the impending
danger.

These new Privy Councillors were first selected by
Charles as a pledge to the popular party of his inten-
tion to reform abuses and redress all grievances ; they
had thus, when appointed, a common duty to perform
to the Parliament and to the King in giving such
advice as should best redeem his pledge. When civil
strife had caused a divided allegiance to the King and
to the Parliament, though the adherents of each power
might conscientiously act upon their respective opinions,
the Privy Council could never have been justly re-
quired, either by withholding or giving advice, to do
that which should be subversive of the monarchy, and
by which they incurred the imputation cast upon them
that those u who were in the immediate trust in busi-
" ness ' about the King betrayed him, or " sank under

1 Hist, of the Rebellion, vol.i. p. 345. * Ibid., p. 34G.

CHAP. VII. THE CROWN AND PARLIAMENT. 435

" the weight and reproach of it." They were bound to
advise the King to refuse, as he legally might, his assent
to measures destructive to the Throne ; or if by reject*
ing their counsel the King refused to redeem the pledge
offered in their appointment to the popular party, they
were free to resign their functions, but they were not
free to destroy the institution they had sworn to uphold,
or to turn the power of their office against the source
from which it was derived. Out of these eight new
Privy Councillors there were some to whom Lord Cla-
rendon points as exceptions in his animadversions on
their conduct ; and amongst those exceptions Lord
Hertford's name must take a prominent place, inasmuch
as he faithfully adhered to his allegiance, and followed
throughout the evil fortunes of the King.

2 F2

436 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

CHAPTER VIII.

Lord Hertford is appointed Governor to the Prince of Wales, in the place
of the Duke of Newcastle. — Reasons for the appointment. — He is created
a Marquis. — The King sets out for Scotland. — Remonstrances of the
Houses of Parliament against the removal of the Prince from Richmond
to the Queen's residence at Oatlands. — Answer of the Queen. — The King
is advised "by his Ministers to return to England.

IN the month of May, 1641, a very important trust
was imposed upon Lord Hertford, and, though seemingly
much against his own inclination, he was appointed
governor to the Prince of Wales.1 The Marquis of
Newcastle, who had hitherto filled that office, was pe-
culiarly obnoxious both on public and on private
grounds to two of the leaders of the popular party, the
Earl of Essex and the Earl of Holland.2 Of this he
was well aware. " He knew," says Lord Clarendon,
" that they liked not that he should have the govern-
" ment of the Prince, as one who would infuse such
" principles into him as would not be agreeable to their

1 Whitelock dates his appointment the 17th of May. — Whitelock's
Memorials, p. 44. The Duchess of Newcastle, in the Memoirs of her hus-
band, speaks of his resigning the charge of the Prince of Wales about
the beginning of the year 1641, which might have been therefore either
in April or May.

2 A quarrel had taken place between the Earl of Newcastle and the
Earl of Holland when engaged in the expedition to Scotland in 1639,
on the subject of precedence asked and refused for the Prince of Wales's
troop. As soon as the army was disbanded the Earl of Newcastle sent
a challenge to the Earl of Holland: .... "by the King's authority
the matter was composed;" but it would seem the parties had by no means
been reconciled. — Hist, of the Rebellion, vol. i. p. 221.

CHAP. VIII. APPOINTED GOVERNOR TO THE PRINCE. 437

designs, and would dispose him to no kindness to their
" persons, and that they would not rest till they saw
" another man in that province." On these and other
grounds the Marquis of Newcastle asked the King's
permission to resign his office ; at the same time he
recommended him "to put the Prince under the tuition
" of some person of honour, of unquestionable fidelity
" to him, and above the reach of popular disapproba-
" tion :" • as the person best able to unite these qualifica-
tions, he named Lord Hertford. The King admitted
the force of Lord Newcastle's reasons in favour of his
own resignation, and acquiesced in the fitness of its
being proposed to Lord Hertford to become his suc-
cessor.

Lord Clarendon has inaccurately placed the resigna-
tion of Lord Newcastle some months later than the
time at which it really occurred.3 In consequence of
this error he treats Lord Hertford's acceptance of an
office, to which certainly neither his taste or habits
inclined him, more as an act of self-sacrifice for the
service of the King than the circumstances would have
called for at the time of his appointment, or than his own
opinions and those of the party to which he then belonged

1 Ibid., vol. ii. p. 243.

8 Ibid., p. 244.

3 Lord Clarendon has been frequently taxed with the unfairness which
arises from party bias, unjust prejudice, and uncandid judgment ; and
every inaccuracy of statement or error in time has been treated as an in-
tentional wish to mislead : when, however, it is remembered how many
slight inaccuracies occur which could have arisen from no other cause
than the absence of necessary memoranda and could serve no imaginable
object, justice demands that the utmost discrimination and candour
should be exercised, first in discovering the instances, and then in fixing
on the author the charge of wilful misrepresentation.

438 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

would have led him to make.1 His appointment seems
altogether consonant with those views which had led to
his selection with seven others as members of the Privy
Council- -views that were certainly founded on the plan
of conciliation on the part of the King towards the
members of the popular party, and accepted by them as
a concession to their influence and power in Parliament.
At the same time that Lord Hertford was named to
the office of governor to the Prince, the office of Master
of the Wards was conferred on Lord Say in place of
Lord Cottington, and Lord Essex was made Lord
Chamberlain of the King's house.2 Lord Hertford's ap-
pointment was the cause of " general satisfaction and
" public joy to the whole kingdom."

By Lord Clarendon's description of Lord Hertford's
character and feelings it would seem that his disinclina-
tion to undertake the task now imposed upon him arose
in part from the consciousness that he was unsuited to
the performance of its duties. " It is very true," says he,

1 " His Majesty thought him very worthy of the high trust, against
" which there was no other exception but that he was not ambitious of it,
" nor, in truth, willing to receive and undergo the charge, so Contrary to his
" natural constitution. But, in his pure zeal and affection for the Crown,
" and the conscience that in this conjuncture his submission might advance
" the King's service, and that the refusing it might prove disadvantageous
" to his Majesty, he very cheerfully undertook the province, to the general
" satisfaction and public joy of the whole kingdom ; and to the no little
" honour and credit of the Court, that so important and beloved a person
" would attach himself to it under such a relation, when so many, who

had scarce ever eaten any bread but the King's, detached themselves
from their dependence, that they might without him, and against him,
preserve and improve those fortunes which they had procured and gotten
" under him and by his bounty." — Hist, of the Rebellion, vol. ii. pp. 245-6.

2 Whitelock's Memoirs, p. 44.

3 Hist, of the Rebellion, vol. ii. p. 246.

«
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CHAP. VIII. HE ACCEPTS RELUCTANTLY. 439

" he wanted some of those qualities which might have
" been wished to be in a person to be trusted in the
" education of a great and hopeful Prince, and in the
" forming of his mind and manners in so tender an age.
" He was of an age not fit for much activity and fatigue,
" and loved and was even wedded so much to his ease
" that he loved his book above all exercises; and had
even contracted such a laziness of mind, that he had
no delight in an open and liberal conversation, and
" cared not to discourse and argue on those points
" which he understood very well, only for the trouble of
" contending; and could never impose upon himself the
" pain that was necessary to be undergone in such a
" perpetual attendance ; but then those lesser duties
might be otherwise provided for, and he could well
support the dignity of a governor, and exact that
" diligence from others which he could not exercise him-
" self; and his honour was so unblemished, that none
" durst murmur against the designation ; and therefore
" his Majesty thought him very worthy of the high
" trust, against which there was no other exception but
" that he was not ambitious of it, nor in truth willing to
" receive and undergo the charge so contrary to his
" natural constitution."1

1 Hist, of the Rebellion, vol. ii. pp. 245-6. It is difficult to under-
stand on what grounds the authoress of the Life of Henrietta Maria
should have supposed the appointment of Lord Hertford as Governor of
the Prince of Wales to have been forced upon the King as an insult by
the Parliament, and to have thus accounted for the Queen's lamentation
that she and the King were left without servants. " The Queen's fre-
" quent expression," says she, " that the King and herself were left with-
" out servants, arises from a political movement of the Parliament, by
" which the whole royal household were changed at a blow. Some of the

u
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440 LIFE OF MARQUIS OF HERTFORD. < HAP. VIII.

On the 3rd of June,1 1641, the Earl of Hertford
was raised by patent to the title of Marquis. Whether
Charles now appreciated in Lord Hertford those qualities
which merited respect, or that he hoped to atone by
favours for past slights and try to win his regard, can
only be matter of surmise ; but there seems no reason to
suppose that in receiving this mark of distinction he
forfeited the confidence of the popular party, and he
was introduced into the House of Lords between the
Marquis of Winton and the Earl of Essex.

leaders of the Opposition were placed in immediate domestication with
the royal family ; as, for instance, the discontented peer, Lord Essex,
•was made Lord Chamberlain, and his brother-in-law, the Marquis of
Hertford, was appointed Governor of the Prince of Wales, in hopes that
he would act as a rival claimant of the Crown, being the representative
of the Greys, the hereditary leaders of the Calvinistic party, or Edward
VI. 's Church." — Lives of the Queens of England, vol. viii. p. 79.
Lord Clarendon was not likely to have been backward in censuring the

*/ O

Parliament for any want of respect towards the Court, and yet his account
is wholly at variance with any such supposition, and the King's own
conduct, immediately afterwards, towards Lord Hertford, confirms Lord
Clarendon's account of the transaction. In about a fortnight after Lord
Hertford's appointment the King gave a marked proof, by the terms in
which the patent of the Marquisate was worded, that the long existing
jealousy towards the Seymours had subsided.

1 Journals of the House of Lords, vol. iv. p. 200. " This day the
" Lord Marquis of Hertford was introduced between the Lord Marquis
" of Winton and the Earl of Essex, all in their robes ; the Lord Great
" Chamberlain, the Earl Marshal, and Garter going before ; and having
delivered his patent of creation, dated 3 die Junii, 1641, 17 Caroli Piegis,
upon his knee, unto the Speaker, who delivered it to the clerk to be
read ; which being done, he was brought and placed next below the
Lord Marquis of Winton."
Lord Clarendon has antedated Lord Hertford's promotion, and in his
account of the conversation at Piccadilly with Lord Essex (vide p. 413)
says Lord Hertford was that day made a Marquis. That conversation took
place on the 20th of April ; and though it is possible the King's intentions
were then made known to Lord Hertford, the patent was not dated till the
3rd of June.

CHAP. VIII. HE IS CREATED MARQUIS. 441

The King's reasons for bestowing upon Lord Hert-
ford this honour are stated in the instrument by which
it was conferred.1 His many virtues and good qualities
are there recited, his loyalty acknowledged, his illustrious
lineage alluded to, and even his relationship to the
Crown admitted. By the terms of this patent the dis-
puted legitimacy of his father is virtually conceded,
inasmuch as he is designated by his title Edward Lord
Beauchamp, and described as son and heir of Edward
late Earl of Hertford.2 In the recognition of relation-
ship expressed by the words " allied to us in blood,"
it is clear that Lord Hertford's descent from Lady Ca-
therine Grey must have been referred to, for his rela-
tionship to Charles by marriage,3 though so much nearer
in degree, was not by blood. The allusion must be
viewed as a very gracious contrast to the manner in
which that connexion had been treated by Elizabeth
and James, and indeed by Charles himself, who seems
up to this period to have shared in the prejudices
of his predecessors against the House jof Seymour. The
selection of Lord Hertford as governor of the Prince of
Wales appears to have been peculiarly acceptable to all
parties. His appointment was suggested by his prede-
cessor, the Marquis of Newcastle, as the fittest person

1 See Appendix 1 1.

2 To this increase of honour there is added some accession of fortune,
but yet so inconsiderable, that, except for the sake of adhering to some
established custom, there appears no good reason for advancing it. An
annual stipend of 307. is ordered to be paid out of the ports of London ;
and the patent concludes by dispensing with the ceremonies of investiture
and the fees which the Hanaper Office exact upon the occasion.

3 Lady Arabella Stuart was first-cousin once removed to the King,

442 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

to succeed him in that trust ; it was warmly approved
of and sanctioned by Parliament, and the King hastened
to mark that it was agreeable to his feelings by thus
raising him in the peerage.

The long-talked-of plan of filling other important
offices with the leaders of the Parliamentary party con-
tinued still in question till immediately before the
King's departure for Scotland ; and Lord Mandeville,
Mr. Hampden, Mr. Pym, and Mr. Denzil Hollis were
named as likely to take a prominent part in the admi-
nistration of affairs. This project, to which the King
was said to have been originally favourable as a means
of averting. extreme proceedings against Lord Strafford,
would doubtless, after that time, have been little agree-
able to his feelings ; but the following extract from a
letter, dated July 15, 1641, of Sir Edward Nicholas1
would rather imply that difficulties might also have
arisen from differences amongst themselves. " The speech
" is, that Mr. Hollis or Mr. John Hampden shall be
" Secretary of State, but the Lord Mandeville doth
" now again put hard for that place.'3 On the 29th
of July Sir Edward Nicholas again alludes to the pro-
posed arrangement without Lord Mandeville's name
being included,2 and from what cause it was finally given

1 Letter of Sir Edward Nicholas to Admiral Sir John Pennington, dated
Westminster, 15th July, 1641. State Paper Office (Domestic).

2 " It is here said that we shall, shortly before the King's departure, have
" a great change and addition of officers at Court ; as that the Lord Saye
" shall be made Lord Treasurer, the Lord Newburg Master of the Wards,
" Mr. John 'Hampden Chancellor of the Duchy, Mr. Pym Chancellor of
" the Exchequer, Mr. Denzil Hollis Principal Secretary of State, and
" that the Earl of Bath and Lord P>rooke shall be sworn of his Majesty's
" most honourable Privy Council." — Sir Edward Nicholas to Sir John

CHAP. VIII. THE KING SETS OUT FOR SCOTLAND. 443

up does not transpire: it is, at any rate, probable that
the King was well pleased to avoid an arrangement so
little consonant with the principles upon which he
thought statesmen were entitled to the confidence of the
Crown.

It would need more than human wisdom to pro-
nounce with any certainty on what might have been
the consequences of these distinguished Parliamentary
leaders having been called into power by the King ; but
it is obvious that, if to the ascendancy of the popular
party had been joined the responsibility of government,
men possessed of powerful minds, of much practical wis-
dom, and honesty of purpose, would have been employed
in strengthening the monarchy, by the power of reform-
ing abuses being placed in their hands, instead of being
forced into leading attacks that risked its existence.
Hampden attended the King to Scotland, not as one of
his Secretaries of State, but as one of the Commissioners
whom his biographer describes as nominally deputed
" to treat with the Scots concerning the ratification
" of the treaty, and to obtain security for the debt
" due from them to the northern counties of England,
" but really to thwart the King's negotiations with the
" Covenanters, and to report upon them to the Par-
" liament."1

On the 10th of August the King set out on his jour-
ney to Scotland, having signed the commission for ap-

Pennington, 29th July, 1641 : State Paper Office. Sir John Pennington
was a distinguished naval officer, and appointed by the King to the com-
mand of the fleet.

1 Lord Nugent' s ' Memorials of Ham].den,' vol. ii. p. 91.

444 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

pointing the Lord Keeper, the Lord Privy Seal, the
Marquis of Hertford, the Earls of Lindsay, Essex,
Bath, and Dorset as commissioners for passing bills
during his absence.

The Prince of Wales was by the King's own order
now appointed to have a residence separate from the
royal palace. The charge and custody of the Prince's
person, as well as the entire control of his household, was
intrusted by the King's letters patent under the Great
Seal to the Marquis of Hertford,1 and Richmond was

1 " Charles, by the Grace of God, King of England, Scotland, France,
" and Ireland, Defender of the Faith, &c. To our right trusty and
" right well-beloved cousin and counsellor, William Marquis of Ilcrt-
" ford, greeting.

" We have found it convenient, for the better education of Prince
" Charles our son, to remove him out of our own house, and place him in a
" house apart, where he may have better commodity to attend as well to his
" studies as to recreations for his health, and so to be continued for a time.
" And for the good proof wre have long had of your singular affection to our
" person, and for the trust we repose in you, as well in regard of your zeal
" to religion as also for your discretion, we have made choice of you to
" have the principal charge and custody as well of the person of our said
" son as also the oversight of all his household and family attending him,
" who being to us so great a jewel as he is, the charge likewise is of great
" weight and care to you, wherefore we have thought good to accompany
" so great a burden with sufficient authority to you for the execution
" and discharge thereof; and do therefore direct these our letters patents
" to you under our Great Seal of England, whereby we do give you power
" and authority, for the better execution of this charge committed to you,
" to command, rule, and direct, as well all persons which shall be of
" ordinary attendance about our son the Prince in his house, in all things
" that may concern the safety of his person or the observation of good
" rule in his house, as also all justices of peace, mayors, bailiffs, heacl-
" boroughs, constables, and all other our officers and ministers, in places
" next adjoining to the house wheresoever for the time where our said
" son happen to be, to be aiding and assisting to you in all things con-
" cerning this your charge, and namely in visiting of houses in towns and
" villages next to the place of abode of our said son, to discover infection
" of sickness, or any lewd or suspected persons that shall presume to

CHAP. VIII. THE PRINCE VISITS THE QUEEX. 445

selected as his place of abode. The Queen, with the
rest of her children, were at this time resident at Oat-
lands ; she was there surrounded as usual by those of
her own religion, and the powerful influence they exer-
cised over her opinions and conduct was a fact notorious
to the country.

After a short recess Parliament had reassembled o n
the 20th of October, and the suspicion with which they
viewed even the visits of the Prince of Wales to his
mother was speedily evinced by their interference on
the subject.

On the 30th of October a conference by a committee
of both Houses was demanded by the Commons touch-
ing the security of the Prince's person.1 The result of
this conference was thus reported by the Lord Keeper
to the House of Lords : —

" That the House of Commons are full of tenderness of the
King's honour, duty to the King's person and his posterity ; it
was said that it was not news now-a-days to hear of dangerous
designs, they having newly discovered some more ; therefore
the House of Commons have reason to look into every corner
whence danger may come. And upon information the House
of Commons understands that the Prince of late hath been
much from his own house, at Oatlands, out of the custody of

" haunt near to his said abode ; wherefore we will and command all jus-
" tices of peace, mayors, sheriffs, bailiffs, headboroughs, constables, and
" all other our officers and ministers whatsoever, to be ready and obedient
" to all your directions from time to time as you shall have occasion to
" require their aid and assistance, and therefore not to fail, as they will
" answer the contrary at their perils.

" In witness, &c., witness ourself at Westminster, the tenth day of
August.

1 Lords' Journals, vol. iv. p. 411.

446 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

Iris governor. They do not doubt of the motherly care and affec-
tion of the Queen towards him ; hut there are dangerous per-
sons at Oatlands, priests and Jesuits, as hath of late appeared
by some examinations taken ; and some of them are sent for by
the House of Commons."

The House of Commons therefore desired—

" that a message be sent to the Lord Marquis of Hertford from
both Houses of Parliament, that he should forthwith take the
Prince into his custody and charge and attend upon him in
person ; and desire that the Prince may make his ordinary
abode and residence at his own house at Richmond, and that
his Lordship will place such persons about him as he will be
answerable for to both Houses."

The House immediately resolved to send the Lord
Chamberlain to the Marquis of Hertford, and the Earl
of Holland to the Queen, to inform them of the report
of this conference. A committee was appointed to
draw up in writing the messages that were to be sent;
the draught was approved by the House of Commons,
and the messages accordingly delivered.

Lord Hertford was informed that-

" The desire of both Houses of Parliament is, that my Lord
Marquis, governor to the Prince, will take into his care that
the Prince's ordinary stay and abode be at his own house : and
that no such persons as may give either cause of distrust of
meddling with him, either in any point against his religion or
against the security of his person, be admitted about him ; and
to this purpose that the said Marquis do diligently attend him
in person ; and this care both Houses expect of my Lord
Marquis, as he will be answerable to the King and king-
dom."2

1 Lords' Journals, vol. iv. p. 412. 2 Il.iJ.

CHAP. VIII. THE PARLIAMENT REMONSTRATE. 447

On the 2nd of November the Lord Chamberlain
delivered to the Lords Lord Hertford's answer to this
message,1 saying —

" That he was ready to perform the order of both Houses,
and that the reason why he waited not on the Prince at Oat-
lands was because there was no room for him to lie there."

Lord Holland's account of what he had delivered to
the Queen was to this effect:--" That he had acquainted
" her Majesty with the reasons why the Houses desired
" the Prince might reside at his own house, under the
" charge of the Lord Marquis of Hertford : one was,
" because he loses his time of learning in being absent
" from his tutor ; and being at Oatlands it was appre-
" bended some ill affected in religion there might have
" some design upon him ; likewise there being lately
" discovery of divers treasons against the kingdom and
" the public peace thereof, therefore both Houses desire
" that the security of the Prince might be provided for;
" to that end, both Houses have ordered that he reside
" at his own house, where he may have the Lord Mar-
" quis of Hertford to be continually with him, and his
" servants constantly about him to take care of his secu-
" rity and education."

To this message from Parliament the Queen ad-
dressed the following reply to Lord Holland : —

" That she returned thanks to both Houses of Parliament
for their care of the religion and safety of her son ; and she is
very well pleased with the order made by both Houses for the
Prince residing at his own house ; and before his Lordship
came to the Queen with the message, her Majesty had given

1 Lords' Journals, vol. iv, p. 419.

448 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

order to the Lord Marquis of Hertford for the Prince's removal
from Oatlands to Richmond." l

The report made by Mr. Whitelock and Sir Thomas
Widdington of the conference with the Lords concern-
ing the messages to the Queen and to Lord Hertford2 fur-
nishes a more detailed account of all that passed than
does the report made to the Lords ; it appears that
Lord Hertford stated, in defence of his care of the
Prince, that he went from Richmond " to Oatlands and
" stayed there all day," though the want of room for
his accommodation obliged him to return at night to
Richmond. Lord Holland also informed the Queen
" that it was not the intention of the Houses of Parlia-
" ment that the Prince should not at all wait upon her
" Majesty, but might come when her Majesty was
" desirous to see him ; but yet that his place of residence
" might be at Richmond, for otherwise his governor
" could not take that charge over him as was required
" by the Parliament."

The Queen stated in her answer that the occasion of
her sending for the Prince was to celebrate the birth-
day of one of his sisters ;3 with thanks to the Parliament
for their care of her son, she promised he should be sent
back to Richmond, and added " she did make no doubt

1 Lords' Journals, vol. iv. p. 419.

2 Journals of the House of Commons, vol. ii. p. 303.

3 The precise day on which the Prince went to Oatlands does not appear.
The conference with the Lords on this subject was demanded by the
Commons on the 30th. It is to be presumed, therefore, that the Prince
must have been there some few days before that time ; and as the birth-
day of the Princess of Orange — the only one of his sisters born in November
— was on the 4th of November, it would certainly appear to have been
intended to make a celebration of most unwonted length for a birthday.

CHAP. VIII. MESSAGE TO THE QUEEN. 449

but upon the King's return the Parliament will ex-
" press the like care both of the King's honour and
" safety.'5

Sir Edward Nicholas, in his letter to the King
dated November 1, 164 1,1 thus speaks of the message
from Parliament to the Queen and her reply : —

" I have enclosed sent your Majesty the copy of an order of
the Parliament concerning their abundant care of the Prince's
highness's safety and education : the reasons thereof were deli-
vered yesterday at Oatlands by my Lord of Holland to the
Queen, who (I hear) gave a very wise and discreet answer to
the same, as (I believe) her own pen will very speedily acquaint
your Majesty."

It is clear by this notice of the message from Parlia-
ment that Sir Edward Nicholas did not mean to express
any disapprobation of their conduct, and that he be-
lieved the Queen had made a wise and discreet reply ;
but though on the whole her answer was conciliatory, it
is difficult to read the concluding sentence referring to
the King in any other sense than as a taunt, which would
have been neither wise nor discreet.

By what circumstance the Parliament had acquired

1 Sir Edward Nicholas's Correspondence ; vol. v. pp, 74-5, of Evelyn's
Memoirs.

During the absence of the King Sir Edward Nicholas had obtained leave
to reside at his own house at Thorpe in Surrey, on the ground of the
sickness and small-pox continuing very rife in London and Westminster.
This place was near enough to Oatlands to admit of his visiting the Queen
once a-day or once in two days, and to be at Westminster twice a-week
to attend " what shall be done there by the committees." Sir Edward
Nicholas's place, now known by the name of West Horsley Place, is in the
present occupation of Henry Currie, Esq., M.P. Much of the old house
remains ; and it contains an interesting collection of family portraits, and
of distinguished persons of the Pioyalist party.

VOL. IL 2 G

450 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

the right of such direct interference in the domestic
arrangements of the King's family does not appear ; but
the reasons on which they grounded their interference
corresponded so well with those set forth by the King
for placing in Lord Hertford's hands the custody of his
son's person and household, there was such unhesitating
submission on the part of the Queen to their dictation,
and such willing explanation of his conduct afforded by
Lord Hertford, as to raise a strong presumption that
Parliament had acquired the right of interference, and
that the terms of Lord Hertford's appointment were so
understood and recognised by the Court, by the Par-
liament, and by Lord Hertford himself. Nor if Par-
liament were entitled to interfere can it be deemed an
improper use of that power that it should have been
exercised to compel the exact fulfilment of the King's
intentions respecting his son, when by his absence
from the country a dangerous facility was afforded to
evade his commands.

It has often been said that the Queen was betrayed
by those whom she trusted with the confidence of
friends.1 Such treachery towards her was indefensible ;
but as it is not alleged that the information was false
with which those friends furnished her enemies, it
may be supposed that on this occasion, as on others,
certain Parliamentary leaders obtained the knowledge
of circumstances which justified their mistrust of the
Queen respecting the Prince ; they might have learnt

1 The intimacy of Lady Carlisle with Pyra, and others of that party,
was supposed to have been the means of betraying the intentions of the
Court to its enemies.

CHAP. VIII. THE QUEEN'S CONDUCT. 451

that, so far from adhering to the neutrality to which she
was bound respecting the religion of her children, she
had already secretly endeavoured to warp the early
feelings of the Princess Mary to her own religion, by
giving her a crucifix and a rosary, and by clandestine
instructions as to their use.1 Such occurrences gave
reason to fear that in the absence of the King she
would not scruple to use similar endeavours to influence
the mind of her eldest son.

The account given by the Queen of the interference
of Parliament respecting the Prince's visits is worth
citing as a sample by which to judge how much
reliance is to be placed on the correctness of her
description of events, when written, not only some
time after their occurrence, but with the exaggerations
suggested by her bitter recollections of the past.

" II (le Roi) partit au mois de Mai ou de Juin,2 et laissa la
Reine a Londres, qui partit aussitot pour aller a Otland, une
de leurs maisons, et mena ses enfans avec elle. Les Parlemen-
taires, quelque temps apres, voulurent les lui oter.3 Us lui man-
derent quil serait Ion quelle les mit entre leurs mains pendant
V absence du Roi,4 parcequ'ils n'apprenoient rien aupres d'elle,
et qu'ils eraignoient qu'elle ne les fit papistes. La Reine re-
pondit qu'ils se trompoient ; que les Princes avoient des maitres
et gouverneurs, et qu'elle ne les feroit point papistes, puisqu'elle

1 MS. Journal of Pere Cyprien Gamaclie, one of the Queen's Capucins
at Somerset House ; quoted by Miss Strickland, ' Lives of the Queens of
England,' vol. viii. p. 85.

2 This is incorrect ; he left London the 10th of August.

3 There never seems to have "been any question of taking away from her
any of her children, or of the separate residence of any but the Prince of
Wales.

4 She was only required not to interfere with the King's own arrange-
ments respecting the Prince.

2 a2

452 LIFE OF MARQUIS OF HERTFORD. CHAP. VIII.

savoit bien que ce n'etait pas la volonte du Hoi qu'ils le
fussent.1 Mais, pour eviter leur insolence, elle fut contrainte
de les envoy er a une autre maison voisine de celle-la, pour leur
montrer qu'elle ne les tenoit pas toujours avec elle ; d'ou ils la
venoient voir quelquefois."

The King's departure from England had been dis-
tasteful to Parliament, and he had been addressed,
though in vain, to delay his journey, but his protracted
stay in Scotland became more agreeable to his enemies
than to those who were faithful to his service.

Sir Edward Nicholas frequently and earnestly urged
his return. He told him " that those who wished best
u to his service thought his Majesty should hasten to be
u here as soon as possible before the 20th of October."3
Again, that nothing could break the design of his ene-
mies but his presence. And an account of what had
passed one day in council was added to other arguments
to hasten his return.

Sir Edward Nicholas had received a letter from Mr.
Treasurer (Sir Harry Vane), in which he expressed a
hope that the Parliament of England would interpose

and hasten the King's return. " I observed," savs Sir

v-' »/

Edward Nicholas, " at the Council Board, when
" Marquis Hertford moved their Lordships to con-
" sider whether it might not be fit to move the Parlia-
" merit here to that purpose, most of the rest of the
" Board declined it." The reason assigned was a point
of etiquette, as the letter was not written to the Board

1 This is not the answer entered in the Journals.

2 Madame de Motteville, vol. i. p. 263.

3 Correspondence of Sir E. Nicholas : Evelyn, Memoirs, vol. v. p. 38.

4 Ibid., p. 71.

CHAP. VIII. THE KING IS ADVISED TO EETUKN. 453

but to Sir Edward Nicholas, and that it had been left
to his choice whether to communicate it or no —
" whereby," he adds, " I observe that every one of
" your Majesty's Privy Council is not fond of your
" speedy return hither. Your Majesty can best make
" judgment by their carriages how much it imports you
" to hasten hither."1

This marks not only that Lord Hertford was amongst
those who were true to the interests of his absent sove-
reign, but bears out Lord Clarendon's animadversions
on the want of good faith with which many of the Privy
Council acted towards the King.2

1 Correspondence of Sir Edward Nicholas : Evelyn, Mem., vol. v. p. 71.
The King was so satisfied with the loyalty and diligence of Mr. Secre-
tary Nicholas, that on the 26th of November he conferred upon him the
honour of knighthood at Whitehall. — Ibid., p. 111. Note to Sir Edward
Nicholas's last letter of this period.

454 LIFE OF MARQUIS OF HERTFORD. CIIAP. IX.

CHAPTER IX.

The King returns to Theobalds. — He makes a public entry into the City.
— The King takes the Prince to Hampton Court. — The Parliament re-
monstrate against his removal from the care of Lord Hertford. — The
King's answer. — The Prince is sent back to Lord Hertford. — The
King desires that the Prince should meet him at Greenwich. — The
Parliament again remonstrate. — Fear of the Prince's removal out of
the Kingdom. — Deputation of the two Houses to the King. — Lord
Hertford brings the Prince to Greenwich. — The King's answer to the
two Houses. — Lord Hertford leaves the Prince in the King's custody. —
He ceases to co-operate with the popular party.

IT was not till the 25th of November that the King
returned to Theobalds. He was there met by the
Queen and his children, and the following day1 was

1 Kov. 25th, 1641. That morning his Majesty came from. Theobalds
by coach, with the Queen, the Prince, the Duke of York, the Princess
Mary, the Count Palatine of the Rhine, the Duke of Richmond and
Lenox ; the Marquis Hamilton, Master of the Horse ; the Earl of Essex,
Lord Chamberlain of his Majesty's Household ; and some other lords
attending his Highness. At Stamford Hill the Sheriffs of London and
Middlesex met him with seventy-two men suited in scarlet cloaks, having
hats and feathers, with javelins, attending him to Kingsland, at which
place a way was purposely made through the fields unto Moorgate, the
banks being cut down, and bridges with planks set up, for the better pas-
sage. At the entrance into the first field was the Lord Mayor's tent set
up, wherein were placed divers forms and seats, on which the nobility,
with the Lord Mayor and aldermen, that waited his Majesty's coming,
reposed themselves. About the hour of eleven his Majesty came, sitting
on the right side of the coach, the Queen on his right hand ; the Prince,
the Duke of York, and Princess Mary within the coach, and the Count
Palatine and Duchess of Richmond sitting on the other side. When his
Majesty came against the tent he caused the coach to be stayed, and the
nobility then came presenting themselves before him on their knees, joy-
ing his happy return, kissed his hand and the Queen's ; and then the
Lord Mayor delivered up to his Majesty, first the City sword, and then
the City sceptre, which his Majesty, having received, re-delivered to the
Lord Mayor. — Rushworth's ' Coll.,' vol. iv. p. 429.

CHAP. IX. THE KING'S ENTEY INTO THE CITY. 455

fixed for his public entry into the city. At Stamford
Hill he was met by the Sheriffs of London and Middle-
sex, who accompanied him so far as Kingsland, from
which place to Moorgate a way had been expressly
prepared for the occasion. At Kingsland the King-
alighted from his carriage, and was there received by the
Lord Mayor in a tent erected for that purpose. After
the performance of certain ceremonies, delivery of ad-
dresses and answers, the King mounted his horse, and
the procession was formed in order for his public en-
trance with the Lord Mayor into the city of London.
Immediately after the Lord Mayor, and preceding
the King, rode abreast the Lord Chamberlain, the
Marquis of Hertford, bearing the Sword of State, and
the Earl Marshal.

The burst of loyalty with which the King was
received on this occasion doubtless contributed greatly
to deceive him as to his real position with his subjects.
The acclamations of a populace, to whom a holiday is a
gratification and a pageant an excitement, proved no
safe criterion of the deeper feelings of the nation as
exhibited by their representatives in Parliament. Public
receptions and popular acclamations are doubtless
amongst the most acceptable tributes that a people can
offer to a sovereign, a hero, or a patriot ; but from the
value of these testimonials a large deduction must be
made for the influence of those extraneous circumstances
that generally attend such exhibitions. Without reference
to any peculiar claims to admiration or gratitude in the
object of applause, idle curiosity, the interest of mere
novelty, the attraction of splendour, the love of a show,

456 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

or the gregarious tendency of mankind to go where
others go, soon swells the gathering crowds into still
closer masses, till a dense multitude of human beings
stand collected and ready to be wrought upon by that
mysterious influence of sympathy which so powerfully
affects all who are brought together for a common pur-
pose, or who act together for a common cause.

The exhilaration which follows from an interruption
to daily toil or routine of business, the excitement of
nerves which expectation creates, the consciousness that
all around are feeling, and thinking, and speaking on
the same subject, stimulate the interest of each indivi-
dual in the scene about to be enacted. The moment
comes for which they have long waited, feverish expecta-
tion is at once changed into certainty, the first cheer
falls as an electric spark on a well-charged battery, the
enthusiasm of each man is echoed by the voice of his
neighbour, the influence of popular excitement spreads
with irresistible force, and the air rings with the full
chorus of an applauding multitude. The idle spectator,
the mere holiday-maker, the least loyal of subjects, or
the coldest of patriots, may thus through the influence
of sympathy find himself actively contributing to a de-
monstration of feeling to which neither his habits nor
even opinions would have otherwise led him.

The fickleness of the people has been a favourite
theme of censure in all ages ; but this apparent fickle-
ness arises far more from the power of large congrega-
tions thus to act upon themselves, in creating and
stimulating temporary feelings of enthusiastic approba-
tion or clamorous resentment, than from peculiar prone-

u
u

CHAP. IX. THE KING'S ENTRY INTO THE CITY. 45?

ness in any given class to instability of opinion or senti-
ment. The error and the danger rest with those who
accept such ebullitions of feverish excitement as the
result of fixed and deliberate principles. At the very
time of the King's visit to the city, when, as Rushworth
says, u all the way his Majesty rid were infinite accla-
mations of joy by shouting and other expressions, the
streets and windows thronged with people," the
House of Commons had just carried their famous " Pe-
c< tition and Remonstrance on the state of the king-
" dom,"2 with which they intended to greet the King's
return to England, and which was actually presented to
him at Hampton Court five days after his brilliant
reception in the city. A few weeks later (January,
1641-2), after Charles's ill-starred invasion of the House
of Commons, it was to the city that the five members
repaired for security and concealment ; it was to the
city that the House of Commons adjourned for safety ;
and such were the feelings by that time entertained
towards the Court, which Lord Clarendon avows to
have been then " reduced to a lower condition and to
" more disesteem and neglect than ever it had been
" before,3 that the shops of the city generally shut up,
" as if an enemy were at their gates ready to enter and
" to plunder them ; and the people in all places at a

1 " And all the way as their Majesties passed along, the streets re-
" sounded again with the loud and joyful acclamations of the people,
" crying, ' God bless and long live King Charles and Queen Mary !' and
" their Majesties reciprocally and heartily blessing and thanking the
" people, with all the expressions of satisfaction imaginable." — Vide Nal-
son's ' Coll.,' vol. ii. p. 679.

2 See ' Life of Lord Falkland,' vol. i. pp. 82-6.

3 Hist, of the Rebellion, vol. ii. p. 160.

458 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

" gaze, as if they looked only for directions, and were
" then disposed to any undertaking."1 On the llth of
January the members were brought back from the city
in triumph to Westminster, and the King found it
prudent to retire the evening before to Hampton Court,
taking with him the Queen and the royal children, the
Prince of Wales included.

The King had dispensed with Lord Hertford's
attendance on the occasion. The House of Commons
resented the Prince of AY ales being withdrawn from
the immediate eye of his governor, and within four
days (on the 14th) the following resolutions were
carried, and sent up to the Lords for their concur-
rence : —

" That the Lords be moved to join with this House to enjoin

1 Ibid. An instance of the kindly interference of Lord Hertford and Lord
Manchester in behalf of those who were threatened with violence is thus
recounted by Bishop Hall, in detailing the events of the 28th of Decem-
ber, when the Bishops were threatened by the mob collected round the
Houses of Parliament. (Above, vol. i. p. 75.)—" It now grew to be
" torchlight. One of the Lords, the Marquis of Hertford, came up to the
" Bishops' form, told us we were in great danger, advised us to take some
" course for our safety, and, being desired to tell us what he thought was
" the best way, counselled us to continue in the Parliament House all that
" night ; ' for (saith he) these people vow they will watch you at your
" going out, and will search every coach for you with torches, so as you
" cannot escape.' Hereupon the House of Lords was moved for some order
" for preventing their mutinous and riotous meeting. Messages were sent
" down to the House of Commons to this purpose more than ever. Xo-
" thing was effected, but for the present (for all the danger was at the
" rising of the House) it was earnestly desired of the lord that some care
" might be taken for our safety. The motion was received by some lords
" with a smile ; some other lords, as the Earl of Manchester, undertook
" the protection of the Archbishop of York and his company (whose
"shelter I went under) to their lodgings." — Bishop Hall's ' Hard Mea-
sure,' "Works, vol. iii. p. 21.

CHAP. IX. REMOVAL OF THE PRINCE. 459

the Marquis Hertford (appointed by his Majesty to be gover-
nor to the Prince), as he will answer the breach of that trust,
that doth so immediately concern the present and future peace
and safety of the three kingdoms, forthwith to repair to the
Prince, and, according to the duty of his place, to take care of
him, and to give his personal attendance on his Highness, and
to be very watchful to prevent that he be not carried out of the
kingdom ; and the House of Commons doth further declare
(and desire the Lords will do the like) that whatsoever person
shall be advising or assistant to the conveying of the Prince out
of the kingdom, or attend his Highness in his journey, shall be
declared and reputed a public enemy to the Protestant religion
and the peace and safety of the three kingdoms. It is further
ordered, that the Lords be likewise moved to join with the
House of Commons in an humble desire to his Majesty that he
will not, for any cause whatsoever, permit the Prince to be
conveyed out of the kingdom without the humble advice and
consent of the Parliament."1

The Lords concurred with these resolutions ; Lord
Hertford, being present, then rose and informed the
House " that when the King went to Hampton Court
" he demanded the Prince of him, and took him away
a with him in his coach in the afternoon ; and his
" Majesty commanded his Lordship to stay here : there-
" fore his Lordship desired this House would require
" no more of him than he is able to perform ; and as
" far as in him lay he would obey their Lordships'
" command to attend the Prince ; and if there be cause
" of fear, as the Parliament apprehend, he will give
" advice thereof to the Parliament."2

1 Lords' Journals, vol. iv. p. 513.

2 A committee, consisting of the Duke of Richmond, Earl of Bath,
Earl of Warwick, Lord Wharton, Lord Roberts, was appointed " to

460 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

Upon what grounds the apprehensions were founded
that the Prince was to be conveyed out of the kingdom
does not appear ; but without such strong evidence of
that intention as could have been adduced to account for
this direct interference with the rights of the King,
both as a sovereign and as a father, it is impossible not
to share in " the wonder" which he afterwards ex-
pressed at such an order having been made by Parlia-
ment.

Lord Hertford's appointment as guardian of the
Prince's person immediately before the King's departure
for Scotland might well afford a plea for Parliament
to interfere when that superintendence was thought in
danger of being set aside by the Queen. But the Par-
liament could never have reasonably expected, nor the
King have intended, that the appointment of Lord
Hertford was to supersede his paternal right to claim
possession of his own child.

The King remained only two nights at Hampton
Court, and on the 12th of January proceeded to Wind-
sor. From thence he addressed the following message
to the Lords, in which he repelled with natural indigna-
tion their plea of interference.1 " His Majesty hath
" seen the order of the Lords, upon the motion of the
u Commons, given to the Marquis of Hertford, con-

draw up and present to the House instructions fit to be given to the
Marquis of Hertford, that he might acquaint the King with the desires
of "both Houses, and what order should be given to the Lord Marquis for

'' his attendance upon the Prince his Highness."— Lords' Journals, vol. iv.

p. 513.

1 The message was delivered by the Lord Keeper, Edward Lord

Littleton.

CHAP. IX. THE KING'S ANSWER TO PARLIAMENT. 461

" cerning his care in attendance upon the Prince, not
" without wonder that his Parliament should make such
" an order, which can hardly be otherwise understood
" but as if there had been a design of sending the
" Prince out of the kingdom, which must necessarily
" have reflection upon his Majesty, the Prince being
" now in the same place with him. And his Majesty
" hath showed himself both so good a father and a
" King, that he thinks it strange that any should have
" such a thought as that he would permit that the
" Prince should be carried out of the kingdom, or that
" any durst give him that counsel."

The King retained the Prince, and on the 7th of
February the Marquis of Hertford was commanded to
signify to the House of Lords that, " whereas a report
" was that the Prince was to go out of this kingdom,
ie his Majesty (being to take a journey to bring the
" Queen on her journey) hath given order that the
" Prince shall come on Wednesday next to Hampton
" Court ; and then his Majesty would deliver the
" Prince into his Lordship's hands, and would require
" him at his hands when his Majesty returns again.":

This message was calculated at once to quell any
alarm of the Prince leaving the country with the Queen,
and at the same time to assert the King's right to
require the possession of his son at his own pleasure.

On the 10th of February the King set out on his
journey to Dover, where the Queen was to embark for
Holland with her daughter the Princess of Orange.
The Prince of Wales was at the same time sent to

1 Lords' Journals, vol. iv. p. 522. 2 Ibid., p. 566.

462 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

Richmond under the care of the Marquis of Hertford.
The journey to Dover was performed slowly, and the
weather did not permit of the Queen's embarking till
the 23rd. So soon as the wind bid fair for her passage
the King sent an express to Richmond, desiring that
the Prince should meet him on his return at Greenwich
the Saturday following.1

On the receipt of the King's commands Lord Hert-
ford sent a message by the Lord Chamberlain to the
House of Lords, who accordingly delivered it the next
day (the 24th) in these terms : —

" That whereas the Lord Marquis of Hertford, governor to
the Prince his Highness, was commanded by both Houses of
Parliament to take charge of the Prince, and not to be absent
from him, the King last night sent an order to the Lord Mar-
quis that the Prince should speedily be removed to Greenwich ;
and because the Lord Marquis of Hertford is so indisposed in
his health that he is not able to go with his Highness and per-
form the trust that is laid upon him, he thought fit the Parlia-
ment should be made acquainted therewith."

This explanation from Lord Hertford, stating the
reasons wrhy he was unable to obey the commands of
Parliament, showed again that he recognised their right
to require his attendance on the Prince.

Lord Hertford's message was made the subject of a
conference with the Commons, and the two Houses
agreed to an order — " That the Lord Marquis of Hert-
" ford take care that the Prince be not removed from
" Hampton Court, until his Lordship's health permit

- Life of Earl of Clarendon, vol. i. p. 103.
2 Lords' Journals, vol. iv. p. 608.

CHAP. IX. DEPUTATION TO THE KING. 463

" him to attend that charge given to him by his Majesty
" and the Parliament."1

The following reasons why the Prince should remain
at Hampton Court were then drawn up and agreed to
by both Houses : —

" 1. The Lords and Commons conceive his Majesty hath
resolved the Prince should stay at Hampton Court until his
Majesty's return.

" 2. That the Lord Marquis of Hertford, appointed by his
Majesty to be governor of the Prince, and approved and com-
manded by the Parliament to give his personal attendance on
the Prince, is now so indisposed in his health, that he is not
able to attend the Prince to any other place.

" 3. That the Prince's removal at this time from Hampton
Court may be a cause to promote jealousies and fears in the
hearts of his Majesty's good subjects, which they conceive very
necessary to avoid."

Lord Howard of Charleton, with certain members of
the House of Commons, were ordered to attend the
King and present him with these reasons against the
execution of his own orders.

On the afternoon of the same day a second message
was sent by Lord Hertford, and delivered by Lord
Seymour, to the House of Lords, repeating the commands
he had received that morning from the King respecting
the Prince's removal to Greenwich the following day
(Friday), and his Majesty's intention to meet him
there on Saturday 5 adding, " the Lord Marquis hopes
" to be able to attend upon the Prince himself, else he
" will not let his Highness go out of his custody."

1 Lords' Journals, vol. iv. p. 608.
3 Ibid., p. 610.— Lord Hertford's answer to the order of both Houses

464 LIFE OF MARQUIS OF HERTFORD. CUAP. IX.

This declaration of Lord Hertford's that he would
not let the Prince go out of his custody shows that he
regarded himself strictly bound by the commands of
Parliament not to depute his charge to any other per-
son ; but that Lord Hertford did not apply this restric-
tion to the King's paternal right himself to take posses-
sion of his son he had already proved, both by his
conduct, and by his explanation to the House of Lords
concerning the Prince's accompanying his father to
Hampton Court.1

The House of Lords on that day agreed that the
Prince should go to Greenwich if Lord Hertford was
able to accompany him. But two days later the House
of Commons, not satisfied with the amount of control
that Parliament had already exercised in the custody
and disposal of the Prince, sent the following message
to the Lords the very day (Saturday, the 26th) appointed
by the King for his son to meet him at Greenwich : —
That they are informed that, by the King's appoint-
ment, the Prince is removed from Hampton Court to
Greenwich, and that the Lord Marquis of Hertford
is with him ; but they understand that there is an
" intention that his Highness should go further ; there-
u fore the House of Commons desire that some mem-
" bers of both Houses be presently sent to Greenwich to
" let the Lord Marquis of Hertford know, or whosoever

concerning the Prince, as delivered by Lord Essex, and reported in a con-
ference, is thus entered in the Commons' Journals, vol. ii. p. 456 : " that
" the intention never was that the Prince should be removed from Hamp-
" ton Court until his Lordship's health would give him leave to wait upon
'" him in person, neither shall he."

1 Vide p. 458.

u
u
*t

CHAP. IX. FEAR OF THE PRINCE'S ESCAPE. 465

" hath the custody of him, that the Prince be brought
" back to Whitehall forthwith."1 The Lords took the
message into consideration, and, agreeing to its terms,
ordered Lord Newport and Lord Seymour to join the
members appointed by the Commons to repair immedi-
ately to Greenwich, and if the King was not there, or
so certain of being there that night " as they would be
" answerable for to the House," that Lord Hertford
should bring the Prince to Whitehall at once, or, if too
much indisposed in his health to attend the Prince in
person, that the Earl of Newport and the Lord Sey-
mour should bring the Prince with them to Whitehall.2

This implied mistrust of even Lord Hertford's vigi-
lance being sufficient for the security of the Prince,
without as it were bringing him within the immediate
custody of Parliament, appears to have been occasioned
by certain information given to the House of Commons
by one of its members.

" There was one Griffith," says Lord Clarendon, " a
" young Welshman, of no parts or reputation, but for
" eminent licence; this youth had long, with great
" boldness, followed the Court, and pretended to pre-
" ferment there; and so in the House had always op-
" posed, as far as not consenting, all the undutiful acts
" towards the King, and upon this stock of merit had
" pressed more confidently for a reward ; and when the
" Queen was ready to take shipping at Dover for
" Holland he barefaced importuned her to mediate to
11 the King that he ' might be forthwith admitted of
" the Prince's bedchamber;' the which her Majesty

1 Lords' Journals, vol. iv. p. 614. 1 1ml.

VOL. II. 2 H

466 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

" refusing, he told his companions ' that, since he could
" not render himself considerable by doing the King
" service, he would be considerable by doing him dis-
" service,' and so made haste to London, and openly in
" the House told them (the same day that the Prince
" was to go to Greenwich) ' that if they were not
" exactly careful they would speedily lose the Prince,
" for to his knowledge there was a design and resolu-
" tion immediately to carry him into France.'

Perhaps Lord Clarendon may have pretended to too
accurate a knowledge of the motives which influenced
the conduct of Griffith, but he could not be mistaken as
to his being the person who informed the House of the
supposed danger of the Prince being carried into
France, or as to the information which induced Parlia-
ment to adopt so peremptory a course respecting his
return to Whitehall.

The deputation, consisting of Lord Howard of
Charlton and two Commoners,2 who were appointed to
hear the " reasons" against the Prince's removal from
Hampton Court, met the King at Canterbury, and there
read to him the message from Parliament.3 The King

1 Lord Clarendon adds, — " From which senseless and groundless in-
" formation he was taken into favour ; and, his malice supplying the defect
" of other parts, was thenceforth taken into trust, and used as their bravo,
" to justify all their excesses in taverns and ordinaries." — Hist, of the
Rebellion, vol. ii. p. 263.

2 Ibid., p. 262.

3 Lord Clarendon gives the following account of the manner in which he
was pressed into this service against his inclination : — " Mr. Hyde coming

accidentally into the House when the matter was in debate, they appointed
him to be one of the messengers, which no excuses could free him from,
for they did not intend it as a favour to him ; so that they were obliged
" presently to begin their journey, and that night they went to Gravesend.

it.

CHAP, IX. THE KING'S ANSWER. 467

did not conceal his dissatisfaction, and appointed the
deputation to attend him after supper to receive his
answer. In the evening the King caused his answer to
be read and delivered to Lord Howard of Charlton. It
was his own unaided composition, and written under
feelings of bitter irritation at the purport of the message
and at hearing that his commands to his son had been
countermanded by an authority to which he could not
be expected to yield. That an answer written under
such feelings should have been neither temperate nor
judicious was only natural 5 but Mr. Hyde, whose sym-
pathy was certainly on this occasion not with those who
sent him, but with the King, foresaw at once the danger
of his giving an advantage to his enemies by making
any false step: he sought a private interview, and was
introduced by the back stairs into the bedchamber
where the King wras preparing for rest.1 He spoke in
the plainest terms to the King, regretted his Majesty
had expressed so much " displeasure in his answer,
" which could produce no good, and might do hurt, and
" urged him to call for it and alter some expressions."
The King was too much incensed to listen at first to
such prudent counsel, dwelt upon the insolence of the
message to himself and the order to Lord Hertford, and
was the more irritated from the apprehension that his

" The next day they were fully informed of the Queen's being gone to sea,
" and that the King would be that night at Canterbury, whither the
" messengers made what haste they could, and found his Majesty there
" with a very little Court, most of his servants having leave to go before
" to London, the better to provide themselves for a farther journey." —
Life of Earl of Clarendon, vol. i. p. 104.
1 Ibid., p. 105.

2 H 2

468 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

son would not be allowed to meet him at Greenwich. Mr.
Hyde told him he believed the Prince would be there
as soon as his Majesty ; represented to him that, as his
answer could not be reported to Parliament till the
Monday morning, he might appoint the Parliamentary
messengers to meet him at Greenwich on Sunday, when
all doubt would be cleared as to the Prince being there,
and when, by sending for Lord Falkland and Sir J.
Culpepper, he would have their advice upon the answer
to be given. Mr. Hyde prevailed ; the paper was de-
manded back from Lord Howard of Charlton, and the
messenger appointed on Sunday at Greenwich.1

Lord Hertford had been suffering greatly from
catarrh and inflammation of the eyes, but he made the
effort to accompany the Prince, that the King's com-
mands should be fulfilled without affording Parliament
any ground for further interference ; and on the King's
reaching Greenwich on Saturday night he had the
satisfaction of finding his son already brought there by
Lord Hertford.2 Soon after came Lord Newport, Lord
Seymour, and the others sent by the two Houses to
Greenwich, for the purpose of fetching the Prince to
Whitehall ; but on learning that the King was also ar-
rived, they made no attempt to execute their orders.3

1 Life of Earl of Clarendon, vol. i. p. 106.

2 Lord Clarendon says, — " When his Majesty came to Greenwich he
" found the Prince there with his Governor, who, though indisposed in
" his health, without returning any answer to the Parliament, brought
" the Prince very early from Richmond to Greenwich, with which
" the King was very much pleased and in very good humour." —
Ibid.

3 Hist, of the Rebellion, vol. ii. p. 262.

CHAP. IX. THE KING'S ANSWER. 469

The King was sufficiently appeased by the possession of
his son to listen to Mr. Hyde's prudent advice, and de-
termined before he gave his answer to the message to
await the arrival of those ministers by whom he had
promised to be guided in all his dealings with Parlia-
ment. "I will say nothing of the answer," said he,
addressing Mr. Hyde, " for I am sure Falkland and
" Culpepper will be here anon, and then prepare one,
" and I will not differ with you ; for now I have gotten
" Charles I care not what answer I send to them."1

Lord Falkland and Lord Culpepper joined the King
at Greenwich the following day (Sunday) ; they quickly
agreed upon the answer to be given. The King ap-
proved and signed it, and after having it read to the
Parliamentary messengers, who were there in attend-
ance to receive it, he delivered it to them ; the next
day (Monday, February 28) Lard Howard of Charlton
reported as follows to the House of Lords : —

" His Majesty's Answer to the Reasons he received by way of
Message from loth Houses concerning the Prince his Son.

" 1. That his Majesty intended, at his remove from Hampton
Court with his Royal Consort the Queen towards Dover, that
the Prince his son should stay at Hampton Court till his Ma-
jesty returned to some of his houses ; and thereupon, as soon as
his Majesty resolved upon a certain day to be at Greenwich,
he commanded that his son should attend him there, which was
no way contrary to his former intention.

" 2. That his Majesty was very sorry to hear of the indispo-
sition of the Marquis of Hertford, being the person upon whom
he principally relies for the care of his dearest son ; but if that

1 Life of Earl of Clarendon, vol. i. p. 107.

470 LIFE OF MARQUIS OF HERTFORD. CIIAP. IX.

indisposition should have lasted, his Majesty could no ways
think fit that his want of health should have hindered the
Prince from waiting upon his Majesty according to his com-
mand, and therefore would have been much offended if the
Prince had failed of meeting his Majesty accordingly.

" 3. To the fears and jealousies his Majesty knows not what
answer to give, not being able to imagine from what grounds
they proceed ; but if any information hath been given to that
purpose, his Majesty much desires that the same may be ex-
amined to the bottom, and then he hopes that these fears and
jealousies will be hereafter continued only with reference to his
Majesty's rights and honour."

This spirited and dignified assertion of his parental
rights was probably felt to be unanswerable — no re-
joinder was framed or passed. Lord Hertford had
evinced his loyalty by the exertion he made to fulfil the
King's commands, but his bodily indisposition was in-
creased by the effort, and, finding himself obliged for
a while to give up his duties, he once more resigned the
care of the Prince into the hands of the King without
asking the leave of Parliament. At the same time he
again distinctly recognised the right of Parliament to
know the reasons of his thus withdrawing from personal
attendance on the Prince, by sending, through Lord
Essex, the following message of explanation of his tem-
porary retirement: —

" The Lord Chamberlain signified to the House that the
Lord Marquis of Hertford is come to London to take physic
for his indisposition of health ; and that the King hath taken
the Prince into his own custody, his Lordship being not able to
attend upon his Highness in regard of his ill health."2

1 Lords' Journals, vol. iv. p. 617. 2 Ibid.

CHAP. IX. LORD HERTFORD GIVES UP THE PRINCE. 471

By thus taking the Prince into his own custody
during the absence of Lord Hertford the King main-
tained his right on that point ; but the Parliament did
not desist from making further attempts to interfere in
the disposal of his person. The next occasion of their
interference was in an address to the King1 concerning
the control of the militia and the Prince's place of abode.
In this petition the King was requested to " continue
" the Prince in these parts, at St. James's or any other
" of his houses near London."2 In the King's answer
(March 2nd) to this clause he again asserted his pater-
nal right respecting the Prince ; " For my son," said
he, " I shall take that care of him which shall justify
" me to God as a father and to my dominions as a
" King."3

Whether any alarms were seriously entertained of an
intention to send the Prince out of the kingdom must
be doubtful, but it is obvious that in these attempts to
supersede the King's authority, or right even to the
custody of his son, the object was to obtain possession
of the Prince, and when once in the hands of Parlia-
ment he would have necessarily become the hostage for
whose sake every demand must have been conceded.

When particular designs have been frustrated, or
particular intentions have remained unfulfilled, they
find no place in general history, unless their defeat was
followed by consequences direct and obvious ; yet their
influence may, nevertheless, have proved important, and
might, if traced, often afford a clue by which to judge

1 Agreed to on the 1st of March.
* Lords' Journals, vol. iv. p. 621. 3 Ibid., p. G22.

47'2 LIFE OF MARQUIS OF HERTFORD. CHAP. IX.

more fairly of the feelings and conduct of those \vith
whom history deals. The frustrated design of seizing
the five members has been the theme of every writer
who touches on the annals of these times or treats
on the constitutional questions of prerogative and
privilege, for the consequences were scarcely less im-
portant than if the attempt had been successful.
If there are some who would endeavour to palliate,
none can defend the conduct of Charles on that occa-
sion, and posterity has joined in an almost universal
censure of an act at once impolitic and unconstitu-
tional -,1 but whatever indignation may be raised by the

1 The proceedings in this case involved not only a gross breach of pri-
vilege, but were both illegal and unconstitutional. The five members and
Lord Kimbolton were accused of high treason by the Attorney-General
in the House of Lords, and their Lordships were desired to appoint a
committee to take the examination of such witnesses as the King would
produce in the business, and also were to secure the persons of the accused,
" as in justice there should be cause." The Lords hereupon appointed a
committee, not such as the King desired, but one to consider the legality
of the accusation and to search for records and precedents, whether there
had ever been any such proceedings before this House, whether such an
accusation might be brought by the Attorney-General before the House of
Lords, &c. Before this committee had time to report, the King proceeded
to further extremities ; and no warrant having been granted by the House
of Lords for the apprehension of the accused persons, the attempt to arrest
them was illegal ; and the attempt of the King to arrest in person was
wholly unconstitutional ; for, inasmuch as the King cannot commit a
trespass, the persons wrongfully arrested would have had no redress. Im-
peachment by the Attorney-General was not disputed in the case of the
Earl of Bristol, April 20, 1626 (Parliamentary History, vol. ii. p. 79) ;
and it has since been settled that a commoner may be impeached in the
House of Lords for high treason, as well as for misdemeanors :2 the choice
of the tribunal and the mode of accusation, in the case of the five mem-
bers, were not therefore defective, — the fault was in the mode of arrest.

2 Concerning the impeachment of a Commoner, see Christian's note on Blackstone,
Com., vol. iv. p. 260.

CHAP. IX. CONDUCT OF PARLIAMENT. 473

recollection of this breach of privilege, it is but just
to draw attention to the fact that in sending Lord
Newport and Lord Seymour to Greenwich, with autho-
rity to withdraw the Prince from the custody of the
governor into whose charge he had been specially
given by the King, and with orders to take possession
of his person and bring him to London in defiance of
the King's commands that he should meet him at
Greenwich, a stretch of power was intended also by Par-
liament that can in no way be justified. The intention
was unfulfilled, and no visible results followed from the
design ; but can it be doubted that an insult to the
King, levelled at once at his authority both as a mo-
narch and as a father, was deeply felt and proudly
resented by him and by those who from loyalty or
affection respected his power or were attached to his
person? can it be doubted that the personal bitterness
which the King provoked against himself by his attempt
to seize the five individuals, who were cherished and
respected by the House of Commons, was in the same
manner awakened in him and in his immediate adhe-
rents against the Parliament, when they saw it thus
prepared to inflict a wound which every parent would
have felt the hardest to endure, and which the King
must have regarded as an indignity to his sovereignty ?
The Journals afford proof that from this time Lord
Hertford must have withdrawn himself from further
co-operation with the popular party.

474 LIFE OF MAliQUlS OF HEliTFOUD. CHAP. X.

CHAPTER X.

The Parliament appoint new Lieutenants of Counties. — Lord Hertford is
superseded in the Lieutenancy of Somersetshire. — Militia Ordinance. —
Proceedings of Parliament in relation to it. — The King refuses his

O £j

assent to the Bill. — The Houses remonstrate. — They assume the control
of the Militia without the King's assent. — They displace the great
Officers of State. — Lord Hertford protests against these measures, and
joins the King at York. — Order of the House of Lords upon Lord Hert-
ford.— He explains by Letter to the House the King's intentions re-
specting the custody of the Prince.

ON the 5th of March " An Ordinance of the Lords
" and Commons" passed " for the safety and defence
" of the kingdom of England and dominion of Wales,"
by which the Parliament appointed the Lieutenants of
their choice to be Lieutenants of the different counties.1
One Lord2 moved the question whether this ordinance
did not trench upon his oath of allegiance. The ques-
tion was put, the oath of allegiance read, and it was
resolved nem. con. that the passing the ordinance was
not in any way against the oath of allegiance. Sixteen
Lords however entered their protest against the ordi-
nance.3 The existing commissions, granted' under the
Great Seal, of the Lieutenants of the several counties
were declared by both Houses illegal and void, and the
Lords Lieutenant ordered to bring them to the House

1 Lords' Journals, vol. iv. p. 626.

2 His name is not mentioned.

3 The Lord Great Chamberlain, Lord Bath, Lord Southampton, Lord
Devon, Lord Cleveland, Lord Monmouth, Lord Portland, Lord Mowbray,
Lord WiU.ough.by d'Eresby, Lord de Grey, Lord Piich, Lord Howard de
Charlton, Lord Dunsmore, Lord Savill, Lord Seymour, Lord Capell. —
Lords' Journals, vol. iv. p. 627.

CHAP. X. LOEDS LIEUTENANT CHANGED. 475

of Lords by the 21st of March to be cancelled.1 A
further resolution was passed by both Houses to the
effect " that whosoever shall execute any power over
" the militia of this kingdom or dominion of Wales, by
" colour of any commission of Lieutenancy, without
" consent of both Houses of Parliament, shall be ac-
" counted a disturber of the peace of the kingdom."

Lord Hertford was named by this new ordinance
Lord Lieutenant of the county of Somerset.2

On the 21st of March the Clerk of the Parliament was
sent to Lord Hertford to demand the commission he
then held under the Great Seal of Lieutenancy for
Somerset, and to know if he would accept the Lord
Lieutenancy for Somerset according to the ordinance
of both Houses of Parliament. The next day, March
24, the following answer was read from Lord Hertford
in the House of Lords : —

" That he should Jbe very glad to obey this House and serve
the commonwealth in what he may ; but desires at this time
to be excused for accepting of the Lieutenancy of the county of
Somerset, for this reason, that he was not at the debate of the
militia, and therefore is utterly ignorant of what hath passed in
it ; neither doth he yet know that the King hath given his con-
sent to it, without which, he hopes, your Lordships will not
impose it upon him. For the return of the Commission of
Lieutenancy and Commission of Array for the county of So-
mersetshire, it was in joint commission with the Lord Philip
Herbert, and his Lordship conceives it is in his hands, because
he never made use of it, neither doth he know that he hath
any ; but, if he shall find any such, he will deliver it to their
Lordships."

1 Lords' Journals, vol. iv. p. 628. 2 Ibid., p. 664. 3 Ibid., p. 666.

476 LIFE OF MAl^UIS OF HERTFORD. CHAP. X.

Lord Hertford was no further pressed on the subject.
The Earl of Bedford was appointed in his place as
Lord Lieutenant of Somersetshire, and on the 28th of
March, 1641-2, his former commission was given in to
the House of Lords.1

This Parliamentary ordinance for the appointment of
Lords Lieutenant of all the counties in England and
Wales was securing to the two Houses the choice of
such persons as they thought fit to be intrusted with
the much-disputed control of the militia, and it may
not be out of place here to recapitulate the circum-
stances that preceded the passing of this ordinance.

On the 20th of January, 1641-2, the King sent a
gracious message to Parliament, of which the object
was to desire that they " would with all speed fall into
" a serious consideration of all those particulars which
" they shall hold necessary, as well for the upholding
" and maintaining of his Majesty's just and regal au-
" thority, and for the settling of his revenue, as for the
" present and future establishment of their privileges,
" the free and quiet enjoying of their estates and
" fortunes, the liberties of their persons, the security
" of the true religion now professed in the Church of
" England, and the settling of ceremonies in such a
" manner as may take away all just offence ; which
" when they shall have digested and composed one
" entire body, that so his Majesty and themselves may
" be able to make the more clear judgment of them, it
(l shall then appear, by what his Majesty shall do, how
" far he hath been from intending or designing any of

1 Lords' Journals, vol. iv.. p. 677.

CHAP. X. THE KING'S MESSAGE. 477

" those things which the too great fears and jealousies
" of some persons seem to apprehend, and how ready
" he will be to exceed the greatest examples of the most
" indulgent Princes in their acts of grace and favour to
" their people. So that, if all the present distractions
" (which so apparently threaten the ruin of this king-
" dom) do not (by the blessing of Almighty God) end
u in a happy and blessed accommodation, his Majesty
" will be ready to call heaven and earth, God and man,
" to witness that it hath not failed on his part."1

The House of Commons returned for answer a de-
mand to have the Tower and other forts and the whole
militia of the kingdom put into the hands of such per-
sons as Parliament should confide in and recommend.
The House of Lords refused on that occasion to join
with them in this petition, but the Commons, " no
" way discouraged," addressed his Majesty themselves.2
On the 28th of January the King made his reply to
this petition : he declined to remove the Governor of
the Tower unless any charge could be substantiated
against his conduct ; and though he expressed himself as
resolved that the Tower and all other forts and castles
should be placed only in the hands of such persons as
the Parliament might confide in, yet declared he should
reserve to himself their nomination, being " so princi-
" pal and inseparable a flower of his crown, vested in
" him and derived unto him from his ancestors by the
"fundamental laws of the kingdom"* The rest of the
answer contained assurances of the King's desire to

1 Rush worth, vol. iv. p. 516.

2 Ibid., p. 517. 3 Ibid.

4/8 LIFE OF MAIIQTTIR OF JIKIiTFnllR CHAP. X.

remedy grievances and his earnest wish to compose all
distractions.

The Lords now determined to act again in concert
with the Commons, and the rejoinder to the King's
answer was a petition from both Houses to the same effect
as that which had been at first addressed to the King
by the Commons only, and in which they prayed that
the Tower of London, all other forts, and the whole
militia should be placed in their hands.

In the King's reply to this petition he conceded
much ; he went so far as to say " that, when he should
" know the extent of power which was intended to be
" established in those persons whom they desired to be
" commanders of the militia in the several counties,
" and likewise to what time it should be limited, no
" power should be executed by him alone, without
" the advice of Parliament ;" and that he would then
declare his willingness to put in all the places both of
forts " and militia in the several counties such persons
" as both Houses of Parliament approved or recom-
" mended," the only condition being that they should
first declare their names to his Majesty, " unless such

persons should be named against whom he should

have any just and unquestionable exception."1 These
were large concessions, but reserved to the King at
least a veto on the nominations of Parliament. On the
llth of February he announced to Parliament that as a
matter of grace he had accepted their recommendation
of Sir J. Coniers to succeed Sir J. Biron as Governor

1 Tiusliworth, ' Coll.,' vol. iv. p. 519.

u
it

CHAP. X. MILITIA ORDINANCE. 479

of the Tower, Sir J. Biron having desired to resign that
office.

An ordinance of both Houses of Parliament " for
" the ordering of the militia of the kingdom of Eng-
" land and dominion of Wales" was now presented to
the King, accompanied by a petition praying for his
consent to it. The ordinance began with well-deserved
reproaches for the late dangerous and desperate designs
upon the House of Commons, the evil designs of
Papists, and other subjects of disunion between the
King and the Parliament. It then set forth the power
to be given and authority to be exercised by those to
whom the two Houses meant to intrust the militia,
together with the list of those whom they meant to ap-
point, and amongst whom Lord Hertford's name was
inserted. The ordinance concluded by announcing that
those who did " not obey in any of the premises should
" answer their neglect and contempt to the Lords and
" Commons in a parliamentary way, and not otherwise
" nor elsewhere, and that every the powers granted
" should continue until it should be otherwise ordered or
" declared by both Houses of Parliament, and no
" longer"1 The King declined to give an immediate
reply to the petition that accompanied this ordinance,
on the ground that, the Queen and his daughter being
on the eve of departure for Holland, he had not time
" to consider of a particular answer for a matter of so
" great weight as this is, and therefore must respite the
" same till his return."

The Parliament again addressed the King on the

1 Rushworth's Coll., vol. iv. p. 520. * ILid., p. 521.

480 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

22nd of February, 1641-2; they expressed great resent-
ment at this delay, and reproached him with his promise
to put the militia into the hands of those whom they
named for that purpose, so soon as on their part they
had signified the extent of power and continuance in
time of those persons' authority: they declared that the
conduct of the King now, in referring his consent to a
longer and very uncertain period, was " as unsatisfactory
" and destructive as an absolute denial."

The King's reply to this petition and ordinance was
dated Greenwich, February 28 (1641-2), and delivered
by the Lord Keeper, Sir Edward Littleton, to both
Houses of Parliament: the moderation of its tone be-
speaks the spirit of conciliation and the wisdom of those
counsellors by whom it must have been framed, and can
scarcely be abridged without injury to the chain of
evidence that should be present to every one's mind
when endeavouring to form a judgment on the subject
of the great question of " who began the war?"

" His Majesty having with his best care and understanding
perused and considered that which was sent him from both
Houses for the ordering of the militia, presented unto him to
be made an ordinance of Parliament by the giving of his royal
assent, as he can by no means do it for the reasons hereafter
mentioned, so he doth not conceive himself obliged, by any pro-
mise made in his answer of the second of this month to the
petition of both Houses, to yield the same.

" His Majesty finds great cause to except against the pre-
face or introduction to that order, which confesseth a most dan-
gerous and desperate design upon the House of Commons of
late, supposed to be an effect of the bloody counsels of Papists,

1 Rushworth, 'Coll.,' vol. iv., p. 521.

CHAP. X. MILITIA ORDINANCE. 481

and other ill-affected persons, by which many may understand
(looking upon other printed papers to that purpose) his coming
in person to the House of Commons on the 4th of January,
which begot so unhappy a misunderstanding between him and
his people ; and for that, though he believes it, upon the infor-
mation since given, to be an apparent breach of their privilege,
and hath offered to repair the same for the future by any act
that shall be desired of his Majesty, yet he must declare, and
required to be believed, that he had no other design upon
that House, or any member of it, than to require (as he did)
the persons of those five gentlemen his Majesty had the day
before accused of high treason ; and to declare that he meant
to proceed against them legally and speedily, upon which he
believed that House would have delivered them up. And his
Majesty calls the Almighty God to witness that he was so far
from any intention or thought of force or violence, although
that House had not delivered them according to his demand, or
in any case whatsoever, that he gave those his servants and
others that waited on his Majesty express charge and com-
mand that they should give no offence to any man ; nay, if they
received any provocation or injury, that they should bear it
without return ; and his Majesty neither saw nor knew that any
person of his train had any other weapons, but his pensioners
and guards those with which they usually attend his Majesty,
and the other gentlemen swords. And therefore his Majesty
doubts not but his Parliament will be regardful of his honour
herein, that he shall not undergo any imputation by the rash or
indiscreet expressions of any young men then in his train, or by
any desperate words uttered by others who might mingle with
them without his consent or approbation.

" For the persons nominated to be Lieutenants of the several
counties of England and Wales his Majesty is contented to
allow that recommendation ; only concerning the city of London
and such corporations as by ancient charters have granted unto
them the power of the militia, his Majesty doth not conceive

VOL. II. 2 I

482 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

that it can stand with justice or polity to alter their government
in that particular.

" And his Majesty is willing forthwith to grant every of
them (that of London and those other corporations ex-
cepted) such commissions as he hath done during this Parlia-
ment to some Lord Lieutenants by your advice ; but if that
power be not thought enough, but that more shall be thought
fit to be granted to these persons named than by the law is in
the Crown itself, his Majesty holds it reasonable that the same
be by law first vested in him, with power to transfer it to these
persons, which he will willingly do ; and whatever that power
shall be, to avoid all future doubts and questions, his Majesty
desires it may be digested into an act of Parliament rather
than an ordinance ; so that all his loving subjects may thereby
particularly know both what they are to suffer and what they
are not to suffer for their neglect, that there be not the least
latitude for his good subjects to suffer under any arbitrary
power whatever.

" As to the time desired for the continuance of the powers
to be granted, his Majesty giveth this answer, That he cannot
consent to divest himself of the just power which God and the
laws of this kingdom have placed in him for the defence of his
people, and to put it into the hands of any other for any indefinite
time. And since the ground of this request from his Parlia-
ment was to secure their present fears and jealousies, that they
might with safety apply themselves to the matter of his message
of the 20th of January, his Majesty hopeth that his grace to
them since that time, in yielding to so many of their desires,
and in agreeing to the persons now recommended to him by his
Parliament, and the power before expressed to be placed in
them, will wholly dispel those fears and jealousies ; and as-
sureth them that, as his Majesty hath now applied this unusual
remedy to their doubts, so (if there shall be cause) he will
continue the same to such time as shall be agreeable to the
same care he now expresseth toward them.

CHAP. X. MILITIA ORDINANCE. 483

" And in this answer his Majesty is so far from receding
from anything he promised, or intended to grant, in his answer
to the former petition, that his Majesty hath herehy consented
to all was then asked of them by that petition concerning the
militia of the kingdom (except that of London and those other
corporations), which was to put the same into the hands of such
persons as should be recommended unto him by both Houses of
Parliament. And his Majesty doubts not but the Parliament,
upon well weighing the particulars of this his answer, will find
the same more satisfactory to their ends and the peace and
welfare of all his good subjects than the way proposed by this
intended ordinance, to which, for these reasons, his Majesty
cannot consent.

" And whereas his Majesty observes, by the petition of both
Houses presented to him by the Earl of Portland, Sir Thomas
Heal, and Sir William Savile, that in some places some per-
sons begin already to intermeddle of themselves with the
militia, his Majesty expecteth that his Parliament should exa-
mine the particulars thereof, it being a matter of high concern-
ment and very great consequence.

" And his Majesty require th that, if it shall appear to his
Parliament that any persons whatsoever have presumed to
command the militia without lawful authority, they may be
proceeded against according to law."

The rejoinder to this message to Parliament was a
petition from both Houses, presented (March 1, 1641-2)
to the King at Theobalds by a joint Committee of
Lords and Commons.2 In this they renewed their

1 Rushworth, < Coll.,' vol. iv. pp. 521-3.

2 The Committee consisted of the Earl of Suffolk, Earl of Warwick,
Earl of Clare, the Lord Paget, Lord Brook, and Lord Fielding, for the
Lords ; Sir Christopher Wray, Mr. Henry Bellasis, Sir Edward Hunger-
ford, Lord Cranbome, Sir William Pennyman, Sir John Holland, Sir
Roger North, Mr. Russell, Mr. Arthur Goodwyn, Mr. Nicolls, Sir Henry
Vane, jun., Mr. Grantliam.

2 i 2

484 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

complaints at any delay on the part of the King in
giving his assent, accompanied by the following threat:
-" If your Majesty shall persist in that denial, the
" dangers and distempers of the kingdom are such as
" will endure no longer delay : unless you shall be graci-
" ously pleased to assure them by these messengers that
you will speedily apply your royal assent to the satis-
faction of their former desires, they shall be enforced,
" for the safety of your Majesty and your kingdom, to
" dispose of the militia by the authority of both Houses
l' in such manner as hath been propounded to your
" Majesty, and they resolve to do it accordingly." . . .
Again, " they beseech your Majesty to be informed by
" them, that by the laws of the kingdom the power of
" raising, ordering, and disposing of the militia within
" any city, town, or other place, cannot be granted to
" any corporation, by charter or otherwise, without the
authority and consent of Parliament, and that those
parts of the kingdom which have put themselves in a
posture of defence against the common danger have
" therein done nothing but according to the declaration
" and direction of both Houses, and what is justifiable
" by the laws of the kingdom."1 This petition, which
contained also other matter, was read to the King at
Theobalds ; he at once returned the following answer to
the messengers:3 — "For the militia," said he, "I
" thought so much of it before I sent that answer,4 and

1 Rushworth, ' Coll.,' vol. iv. p. 523. 2 Ibid. 3 Ibid.

4 It was in this petition that the King was solicited to continue to
reside near London, and that the Prince should be made to reside at St.
James's or near London. From the watchful activity of Mr. Hyde, the
King was warned, before the arrival of these Parliamentary messengers, of

a
a
u

CHAP. X. MILITIA ORDINANCE. 485

" am so much assured that the answer is agreeable to
" what in justice or reason you can ask, or I in honour
" grant, that I shall not alter it in any point." The
rest of his reply was in the same brief and spirited tone ;
but the Parliament had lost all confidence in the King's
firmness of purpose, all respect for his personal profes-
sion, and, still more, they had learnt to dispute the
authority of the Crown,

The following day (March 21) a resolution was agreed
to by both Houses, " That the kingdom be forthwith put
" into a posture of defence by authority of both Houses
" in such a way as is already agreed upon by them ;"
and a series of votes were also resolved upon by the
House of Commons on the King's " last answer con-
" cerning the militia," which contained so direct a
threat of arms as fell but little short of declaration of
war. It was resolved that the " answer of his Majesty
" is a denial to the desires of both Houses of Parliament
" concerning the militia. That this denial is of that
" dangerous consequence that if his Majesty shall per-
sist in it it will hazard the peace and safety of all his
kingdoms, unless some speedy remedy be applied
by the wisdom and authority of both Houses of Par-
ment ; also, that such parts of this kingdom as have
put themselves into & posture of defence against the
" common danger have done nothing but what is justi-
tl fiable, and is approved by the House"' By another of

the purport of their mission, and was advised " to make some short
" resentment of the Houses' proceeding with him," and not to enter
into particulars which would require time to consider. — Life, vol. i. p.

111.

1 Rushworth, ' Coll.,' vol. iv. p. 524. : Ibid., p. 526.

a
u

486 LIFE OF MARQUIS OF HERTFORD. CHAP. X

these resolutions the King was no longer to be peti-
tioned as before " to be graciously pleased to continue
" the Prince in these parts, &c.," but told that " the
" House holds it necessary that his Majesty may be de-
" sired that the Prince may come unto St. James's or
" to some other convenient place near about London,
" and there to continue"1

Such resolutions and the change of tone from petition
to command were signs, too significant to be mistaken
that the Parliament was ready to proceed to further
extremities. During the discussion in the House of
Commons on these votes there was great division of
opinion respecting the militia : some maintained that the
power of the militia was solely in the King, and that
the Parliament never did nor ought to meddle with the
same; some thought this power was not in the King,
but that it was in the Parliament,2 and that, if the King-
refused to order it according to the advice of Parlia-
ment, then they by the law might do it without
him ; and according to this principle it was " moved to
u be now done by Parliament, the King having refused
" the former petitions for settling the militia as they
" desired."3 This settlement, as it was called, was carried
by both Houses, and on the 5th of March. 1641-2, the
appointment of the Lieutenants of the counties was

1 Rushworth, ' Coll.,' vol. iv. p. 524.

2 " If the power existed at all, it manifestly resided in the King. The
" notion that either or both Houses of Parliament, who possess no portion
" of executive authority, could take on themselves one of its most peculiar
" and important functions, was so preposterous, that we can scarcely give
" credit to the sincerity of any reasonable person who advanced it." —
Hallam's ' Const. Hist.,' vol. ii. p. 184.

3 Rushworth, « Coll.,' vol. iv. p. 525.

CHAP. X. MILITIA ORDINANCE. 487

announced under the title of " An Ordinance of the
" Lords and Commons in Parliament assembled, for
" settling the militia, for the safety and defence of the
" kingdom of England and dominion of Wales."1

To accept the commission of Lieutenancy from Parlia-
ment was to take a step in the path that must rapidly
lead to important consequences, and those who shrank
from entering on a course that would either provoke the
struggle of civil war or effect the unresisted destruction
of all power in the Crown naturally declined to make
themselves parties to this measure.

The object of the ordinance which had been pre-
sented to the King in February,2 and which he refused
to sanction, was to place the command of the sword in
the hands of those on whose obedience Parliament could
depend.3 The Lords Lieutenants named by them were
to obey the orders of the two Houses and to be irremov-
able by the King for two years.

Such an encroachment on the prerogative of the
Crown was one of those decisive advances made by the
popular party in Parliament which must have greatly
tended to their future separation from men who had
sought to establish the constitution by the reformation
of abuses, not by the subversion of the form of govern-
ment. The King appears to have been fully conscious

1 Rushworth, ' Coll.,' vol. iv. p. 526. * Vide p;480.

3 Mr. Hallam observes that " three-fourths of the military force of
" England would have been in the hands of persons who, though men of
" rank, and attached to the monarchy, had given Charles no reason to
" hope that they would decline to obey any order which the Parliament
" might issue, however derpgatory or displeasing to himself." — Const.
Hist., vol. ii. p. 185.

488 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

of the magnitude of this encroachment ; and when, in the
course of the various messages, replies, and rejoinders
that further passed between him and the Parliamentary
Committee on this subject, Lord Pembroke asked
" whether the militia might not be granted,1 as was
" desired by the Parliament, for a time," his Ma-
jesty swore, " By God ! not for an hour. You have asked
" that of me in this," said he, " was never asked of any
" King, and with which I will not trust my wife and
" children."2

The King's next message to Parliament was from
Huntingdon on the 15th of March ; his answer to the
declaration addressed to him at Newmarket by the
Parliamentary Committee was sent from York on the
21st of March, and was in substance a repetition of his
former answer respecting the militia and other subjects
of disputed power. It was read in the House of Lords
immediately after Lord Hertford had declined to accept
the Lieutenancy of the county of Somerset, and Lord
Strange3 that of the county of Chester.4 Lord Hert-
ford had alleged, as his reason for thus refusing, that he
knew not that the King had given his consent to this
ordinance;3 the last answer from York then read
showed that the power of thus appointing the Lords
Lieutenants of counties by Parliament, far from having

1 Lord Pembroke, with Lord Holland, and the rest of the Parliamentary
Committee, waited on the King at Newmarket, March 9th, to present the
ordinance for settling the militia, and the declaration of both Houses with
which it was accompanied.

2 Rushworth, ' Coll.,' vol. iv. p. 533.

8 James Lord Strange, afterwards seventh Earl of Derby.

4 Lords' Journals, vol. iv. p. 666. 5 Vide p. 474.

CHAP. X. MILITIA ORDINANCE. 489

obtained the King's assent, was offered in defiance of his

authority.1
j

It was clear that Parliament was now determined to
so mount in the scale of their demands as to render im-
possible any reasonable adjustment of the differences,
and to force the decision of the opposing claims of pre-
rogative and privilege to a trial of strength. On the
5th of April the House took into consideration " the
" declaration brought up from the House of Commons,
" containing the evils and grievances, with their reme-
" dies."

Of these " remedies" the first in order stood " that
" the great officers and privy councillors were to be dis-
" placed, and others recommended to be put in their
" room."2 The question was put whether the Lords
should join with the Commons in petitioning the King

1 Mr. Hallani thus describes the position of the King and the demands
of Parliament at this juncture of affairs : — " If the right of self-defence
" could be urged by Parliament for this demand of the militia, must we
" not admit that a similar plea was equally valid for the King's refusal ?
" . . . . Even in this business of the militia he would have consented to
" nominate the persons recommended to him as lieutenants by comniis-
" sions revocable at his pleasure, or would have passed the bill rendering
" them irremoveable for one year, provided they might receive their
" orders from himself and the two Houses jointly. It was not unreason-
" able for the King to pause at the critical moment which was to make all
" future denial nugatory, and inquire whether the prevailing majority
" designed to leave him what they had not taken away. But he was not
" long kept in uncertainty upon this score. The nineteen propositions
" tendered to him at York in the beginning of June, and founded upon
" addresses and declarations of a considerably earlier date, went to abro-
gate in spirit the whole existing constitution, and were, in truth, so far
beyond what the King could be expected to grant, that terms more into-
lerable were scarcely proposed to him in his greatest difficulties, not at

" Uxbridge, nor at Newcastle, nor even at Newport." — Const. Hist., vol.
ii. p. 18G-8.

2 Lords' Journals, vol. iv. p. 700.

490 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

to give his consent to this article ; and after a serious
debate it was carried. Lord Hertford, with a few other
Peers, had the courage to enter their protest against a
measure to which they could offer no effectual resist-

ance.1

The signing this protest was Lord Hertford's last act
in Parliament, and a few days afterwards he quitted
London on his road to York, there to join the King and
resume his duties with the Prince. Lord Hertford's
departure appears to have created, though for no appa-
rent reason, a suspicion that the Prince was to be re-
moved out of the kingdom.

On the llth of April the order made on the 14th of
January, enjoining his personal attendance, and com-
manding him to be very watchful " to prevent the
" Prince being carried out of the kingdom," was read
in the House of Lords. This order, together with the
following declaration, was immediately sent to Lord
Hertford by an express post :2 — " This House doth ex-

1 The names of the other peers who joined in this protest were, — Lord
Bath, Lord Devon, Lord Monmouth, Lord Berks, Lord Westmoreland,
Lord Cleveland, Lord Dover, Lord Portland, Lord Mowbray, Lord Strange,
Lord de Grey, Lord "Wentworth, Lord Howard de Charleton, Lord Savill,
Lord Coventry, Lord Capell, Lord Seymour.

2 " Whereas this House was this day informed ' that the Lord Marquis
" of Hertford is gone out of the town, towards the city of York, to give
" his attendance as governor to the Prince ;' and their Lordships, taking
" notice that he was required to discharge that trust, in an order made
" the 14th of January, 1641, in these words following, viz., ' Upon the
" motion of the House of Commons, the Lords in Parliament do order,
" That the Marquis Hertford (appointed by his Majesty to be governor to
" the Prince), as he will answer the breach of that trust that doth so im-
" mediately concern the present and future peace and safety of the three
" kingdoms, forthwith do repair to the Prince, and, according to the duty
" of his place, to take care of him and give his personal attendance on his

CHAP. X. LORD HERTFORD GOES TO YORK. 491

" pect that the said Marquis shall be answerable for all
" the particulars required of him by the said order, if
" he proceed in his journey to York: and in case he
" will not undertake to discharge the trust of his place
" aforesaid, according to all the particulars in the said
" order, it is now ordered that he repair to give his
" personal attendance on Wednesday next in the Lords'
" House of Parliament."

The messenger overtook Lord Hertford, and on the
12th of April he announced to the House of Lords " that
" he had delivered the said order to the Lord Marquis,
" who read it, but returned no answer by him."1 On
the 3rd of May Lord Hertford wrote his answer from
York, and trusted to his brother-in-law, the Earl of
Essex, to impart its contents to the Lords. On the 6th
of May the Earl of Essex acquainted the House
" that he had received a letter from the Marquis of
" Hertford, which he thought fit to communicate to
" this House, it being a business of that concernment."
The House commanded the letter to be read as fol-
lows : —

" My Noble Lord,

" It being expected from me that I should give answer
to the House of Peers whether I should undertake that the
Prince should not be conveyed out of this kingdom, I humbly
desire your Lordship to make this answer for me, That I will
undertake that the Prince shall go no further than his Majesty
goeth ; for so it hath pleased his Majesty to assure me, and

" Highness, and to be very watchful to prevent that he be not carried out
" of the kingdom.' " — Lords' Journals, vol. iv. p. 711.
1 Ibid., p. 734.

492 LIFE OF MARQUIS OF HERTFORD. CHAP. X.

that he shall not stir from him. From any other undertaking I
do utterly disclaim, as being a thing out of my power, and
consequently a great rashness and presumption in me to un-
dertake. Thus much I once more humbly pray your Lord-
ship to present, with my humble and earnest desire that the
order may be taken off, which may be so prejudicial to me,,
especially since I have thus far declared myself. God remove
all jealousies from us, and put a true understanding between
the King and his Parliament ; which shall ever be the earnest
and hearty prayers of

" Your Lordship's most faithful brother

" and humble servant,

" HERTFORD.
" York, 3rd May, 1642.

" My Lord, this answer had come sooner, if I had sooner
known how far his Majesty would have assured me."

Lord Hertford's letter, and the consideration of what
further steps it would be fit to take concerning the
Prince's stay in the kingdom, was made the subject of
a conference between the Committees of both Houses ;2
but it does not appear that any further interference then
took place with Lord Hertford after the communication
of his letter by the Earl of Essex. Lord Hertford's
conduct had been perfectly straightforward and con-
sistent throughout the various attempts of Parliament
to direct his conduct respecting the Prince. He recog-

1 Lords' Journals, vol. v. p. 49.

2 The House, taking this letter into consideration, resolved to have
a conference with the House of Commons, and communicate this letter
unto them, and read the Order of both Houses of the llth of April last to
them, and desire that a Select Committee of both Houses may be ap-
pointed to consider what is fit to be done concerning the Prince's sta}r in
this kingdom. — Lords' Journals, vol. v. p. 49.

CHAP. X. HIS LETTER RESPECTING THE PRINCE. 493

nised their right to command his personal attendance,
and had pledged himself not to give up the custody of
the Prince, but he would not submit to their repeated
attempts to supersede the King's paternal right to
claim the possession of his son or the direction of his
movements.

494 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

CHAPTER XL

Lord Hertford raises Cavalry for the King. — He is appointed by the King
Lieutenant-General of the West. — He proceeds to Bath to execute the
Commission of Array. — He advances to Wells, and retires thence to
Sherborne. — The Earl of Bedford marches to Sherborne. — Lord Hertford
sends him a Challenge. — An Attempt to relieve Sherborne Castle fails.
-Lord Hertford capitulates and retreats from Sherborne Castle. — He
crosses into Glamorganshire. — The Commons impeach Lord Hertford. |
Causes of his failure in the West.

A NEW chapter was now to open in the life of Lord
Hertford. His early career had been checked and
clouded by an ill-fated attachment and its disastrous
consequences ; he had for some years afterwards re-
mained under the shadow of royal displeasure, and in
the retirement of the country enjoyed the happiness of
domestic life and the cultivation of literary tastes. The
sight of undue exercise of power in the Crown withdrew
him in time from his seclusion, and, taking his place
in public life, he co-operated with the popular party in
measures of resistance. Amongst the members of that
party he exercised considerable influence, and by his
character and his conduct he equally secured the
respect of those with whom he agreed, and of those
from whom he differed, in the stirring questions of that
period. He accepted a place of honour and trust but
little agreeable to his tastes, in obedience to the King
and for the satisfaction of his own political friends ; and
he willingly held himself responsible as a Peer for the
performance of such duties as Parliament might justly

CHAP. XI. RAISES CAVALRY FOR THE KING. 495

impose, without forswearing the fidelity of a Privy
Councillor or the allegiance of a subject.

But the work of the civilian was now drawing to a
close ; the time had come when all cherished tastes,
habits, and pursuits were laid aside, and when men of
all ranks, professions, and occupations were called upon
to risk their lives and their fortunes in support of their
opinions. The nobleman, the squire, the statesman, the
philosopher, the student — nay, even the stern preacher,
and the gay man of pleasure — nocked to the standard
round which they had severally chosen to rally ; and
veterans in age, though novices in war, buckled on their
armour and unsheathed their maiden swords.

Lord Hertford was about fifty-four years of age when
the exigences of the time demanded his service in the
field, and shortly after his arrival at York the duties of
governor to the Prince were suspended for those of
military command. On the 13th of June he signed,
with forty-five peers, the promise not to obey any order
or command not warranted by the known laws of the
land, and to defend the King's person, crown, and pre-
rogative ; l and on the 15th of June his name is again
to be found amongst the forty-five who signed the de-
claration against the King's intention of levying war.2
On the 22nd of June he appears in the list of those who
at their own expense assisted to raise cavalry for the
King's service, so soon as the commissions should be
issued under the Great Seal ;3 his contribution is stated
at 60 horses, with their maintenance for three months.

The following month (July) opened with such

1 Vide Life of Lord Falkland, vol. i. p. 112.
8 Ibid., p. 113. 3 Ibid., p. 120.

496 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

active preparations for war as the position of affairs
rendered necessary to both parties. " His Majesty,"
says Lord Clarendon, " appointed and sent many
u of the nobility and prime gentlemen of the several
" counties, who attended him, into their respective
" counties to execute the commission of array, making
" the Marquis of Hertford, by commission under the
" Great Seal of England (which he was to keep secret
" in reserve till he found, either by the growth or extra-
fi ordinary practice of the Parliament in raising forces,
" that his commission of array was not enough), 'his
" Lieutenant- General of all the western parts of the
" kingdom, with power to levy such a body of horse and
" foot as he found necessary for his Majesty's service,
" and the containing the people within the limits of
« their duty.' >n

1 Hist, of the Rebellion, vol. iil. pp. 119, 120. Lord Hertford's
commission as " Lieutenant-General" is to be found in Rushworth's
' Collect.,' under the title of " Commission of Array." Lord Claren-
don implies that these commissions were distinct ; but if Lord Hert-
ford had a " Commission of Array" granted previously to that of Lieute-
nant-General, its powers are recapitulated in the latter, which was given
under the Great Seal. Lord Hertford's Commission gave him very exten-
sive powers, and was couched in terms that showed the confidence reposed
in him : — " And for the special trust and confidence we have and do repose
" in your approved wisdom, fidelity, and valour, and great ability, do
" name, assign, constitute, and ordain you, the said William Marquis of
" Hertford, to be our Lieutenant-General of all such forces as by virtue
" of this our Commission shall be levied and raised, or by virtue of this
" our Commission shall be brought unto you, within all or any our counties
" of Devon, Cornwall, Somerset, Dorset, Southampton, Gloucester, Berks,
" Oxon, Hereford, Monmouth, Radnor, Brecknock, Glamorgan, Carmar-
" then, Pembroke, Cardigan ; and in our cities of Exeter, Bristol, Glou-
cester, and Oxford, and the counties of the same ; and likewise in our
cities of Bath and Wells, Xew Salisbury, and Hereford ; and also in our
towns of Pool, Southampton, and Haverfordwest, and the counties of the
" same towns." — Rush worth, ' Coll.,' vol. iv. p. 670.

U
U

CHAP. XL ORDER FOR HIS ARREST. 513

" not worth his further care, and that they would be
" easily apprehended by the committee of the militia,
" which was very powerful in Devon and Cornwall,
contented himself with having driven away the Mar-
quis, and so expelled all hope of raising an army for
" the King in the west, and retired with his forces to
" the Earl of Essex, as Sir William Waller had done
" from Portsmouth."

The Earl of Bedford was either censured for not
pursuing his advantages, or he was conscious that his
conduct needed explanation ; for it appears that on the
4th of October " he made a narrative of the business in
" Somersetshire, concerning the pursuit of the Marquis
" of Hertford and his forces." The House declared
that it was satisfied with this relation, and that the Earl
of Bedford had done nothing which did not become a
man of honour to do; and his commission was con-
tinued to act in these parts, though Lord Hertford,
against whom he had been specially sent, had now
withdrawn into Wales.2

Lord Hertford and others with him not having an-

1 Hist, of the Rebellion, vol. iii. p. 226.

2 Lords' Journals, vol. v. p. 385. — " That all and every the articles of
" the instructions agreed upon by the Lords and Commons in Parliament
" the sixteenth day of August, 1642, for the Earls Bedford and Pembroke,
" the Lord Viscount Cranborne, Denzil Hollis, Esquire, Sir Walter Erie
" and Sir Thomas Trenchard, Knights, John Brown£. Esquire, and Colo-
" nel Charles Essex, persons especially appointed and authorised to repress
" the rebellion and commotion raised by the Marquis of Hertford and his
" adherents in the counties of Somerset and Dorset and other the western
" counties, shall continue and be in force against the said adherents, not-
" withstanding the said Marquis, he being departed with his forces out
" of the said counties." — Commons' Journals, vol. ii. p. 805.

VOL. ir. 2 L

514 LIFE OF MARQUIS OF HEKTFOHP. CHAP. XI.

swered the summons to appear in the House of Lords
by August 29th, a formal order for their apprehension
was passed by Parliament on the 17th of September.1
Lord Capell's estates throughout England were to be
confiscated, in consequence of his rents being transmitted
to Lord Hertford ;2 and the Mayor of Bristol was
strictly charged to prevent all supplies of arms, ordnance,
and ammunition being transmitted to Lord Hertford in
Wales that might be employed against the Parliament.
Thus ended Lord Hertford's campaign in the West for
this year.

The cheerful hopes expressed in the letter to the
Queen of July llth had been but ill fulfilled. The

«/

hope that the commission of array would be easily put
in execution — the hope of the general revival of loyalty
to the King and attachment to his person — proved to be
rather the conception of a sanguine mind than the well-
grounded anticipation that springs from a knowledge of
facts. There was, apparently, no want of management,
nor of energy, nor of skill in Lord Hertford's conduct,
both in executing the commission of array, and in com-
manding his forces ; but he evidently miscalculated the

1 " Ordered, that the Lord Marquis of Hertford, the Lord Pawlett, and
" the Lord Trowbridge shall be sent for as delinquents for using force, to the
" terror of the people, in putting the commission of array into execution,
" and that the sheriff do apprehend them, and the Lords Lieutenants and
" Deputy Lieutenants to be aiding and assisting to him. "--Journals of the
House of Lords, vol. v. p. 264 ; and see above, p. 504.

2 " That the Lords had taken into consideration the readiness of the
" Lord Capell to assist the Marquis Herts with his rents in the west, and do
" conceive it fitting and necessary that his rents, not only in the west, but
" all England and Wales over, should be sequestered and employed for the
" service of the commonwealth." — Journals of the House of Commons, vol.
ii. p. 785.

CHAP. XI. LOED HERTFOED GENERAL OF THE WEST. 497

Lord Hertford, like many otbers, had been cheered
by the reception tbe King had met witb in Yorkshire,
and the loyal invitation he had received from the
gentry in Lincolnshire ; he was now very sanguine as
to the probability of success in executing the commis-
sion of array, and, under these impressions, he ad-
dressed the following letter to the Queen from Beverley
on the llth of July :-

" Madam,

" I am now (emboldened by your Majesty's commands)
to give you the trouble of a few lines, which formerly I have
done with some scruple, fearing to entrench too much upon
your Majesty's patience. His Majesty's affairs are, I hope, in
a prosperous way. And the affections of his people break out
every day more and more ; who begin to have their eyes open,
and will, I believe, no longer be deluded with the imaginary
fears of jealousies.

" The King takes his journey to-morrow towards Lincolnshire,
invited thereunto by a great number of the best gentlemen of
that county. The Prince goes with him : but his Majesty hath
commanded me to return to York with the Duke of York,
where he is to remain until the King comes back, under the
charge of the Lord of Dorset, because, by his Majesty's com-
mands, I am, with all speed, to repair unto the west, to put his
commission of array into execution, which I make no doubt to
perform without any great difficulty.1 If God prospers us, as I

1 It is clear by this letter, dated January 11, that Lord Hertford's
Commission of Array was determined on at least some three or four weeks
before the Commission received the Great Seal, and which is dated
August 2.

An order from the King, dated August 1, addressed to Sir William
Uvedale (Treasurer for the Military Department), is preserved, desiring
him to pay all such persons as should be named to him by warrant either
VOL. II. 2 K

498 LIFE OF MARQUIS OF HERTFORD. CHAP. XL

trust he will in so good a cause, we shall then shortly (I
hope) be blessed and cheered up with your Majesty's long-
wished-for presence. And hey then down yo they! And, to
our greater encouragement, Sampson is come over to us.

" Madam, your Majesty may perceive, I hope will, that I
presume to be thus merry with you, but I hope you will par-
don it, with all the other errors and presumptions of,

" Madam,
" Your most humble, most faithful,

" And most obliged servant,

" HERTFORD. l

11 Beverley, llth June, 1642."

On the 25th of July the Marquis of Hertford and
others proceeded to Bath, in order to execute the com-
mission of array. He arrived there at the time of the
assizes, and was met by many others of the county.
The Judge had received a letter from the King " to
" forward the commission, and to give it in charge,"
But " the Judge," says a contemporary news-writer,
" sailed betwixt wind and water very politicly,"2 and so
equally refused to obey either the King's commands, or
the orders he had received from Parliament to declare
the commission illegal. Lord Hertford and the Com-

of William Marquis of Hertford or Kobert Earl of Lindsay in their capa-
cities of Lieutenants-General of the Annies. — Vide Appendix K K.

1 Vide Lords' Journals, vol. v. p. 264. This letter to the Queen was
intercepted and read in the House of Lords on the 5th of August. On the
same day the Lords, taking into consideration a message from the Com-
mons respecting " intelligence from Somersetshire," ordered " that the
" Lord Marquis of Hertford, the Lord Pawlett, and the Lord Trowbridge
" shall be sent for as delinquents for using force, to the terror of the
" people, in putting the Commission of Array into execution ; and that the
" sheriff do apprehend them, and the Lords Lieutenants and Deputy
" Lieutenants to be aiding and assisting to him." — Ibid.

8 ' True News from Somersetshire.' — See Appendix L L.

CHAP. XI. HE PROCEEDS TO BATH. 499

missioners,1 having met with little encouragement at
Bath, at the end of three days determined on quitting
it. The Judge, who had just so carefully steered his
course between the rival powers, was now petitioned by
the constables of twenty- one hundreds to pronounce his
opinion on the commission of array, and, though re-
luctant to depart from his prudent neutrality, he de-
clared it to be illegal ; and was, moreover, obliged to
have the votes of the Houses of Parliament on this
commission read in open court.2

Lord Clarendon describes all the considerable gentle-
men of Somersetshire as being well affected to the
King's service. The reception Lord Hertford met with
hardly bears out this assertion, though, doubtless, many
preserved their loyalty to the King, and with these
Lord Hertford consulted as to the place in which it
would be best for him to fix his quarters with a view
to conciliating the affection of the people and strength-
ening the King's forces. The advice of some was

1 Lord Hertford was accompanied by Lord Seymour,3 Lord Paulet, Sir
John Stowel, Captain John Digby, Sir Ealph Hopton, Sir Francis Dod-
dington, Mr. Edward Kirton, and others. — Kushworth, ' Coll.,' vol. iv.
p. 685.

8 ' True News from Somersetshire.'

3 " Francis Lord Seymour, brother to the Marquis of Hertford, was a man of
" interest and reputation; he had been always very popular in the country, where
" he had lived out of the grace of the Court; and his parts and judgment were best
" in those things which concerned the good husbandry and the common adminis-
" tration of justice to the people. In the beginning of the Parliament he served as
" Knight of the Shire for Wiltshire, where he resided ; and behaving himself with
" less violence in the House of Commons than many of his old friends did, and
" having a great friendship for the Earl of Strafford, he was by his interposition
" called to the House of Peers, where he carried himself very well in all things
" relating to the Crown; and when the King went to York he left the Parliament
" and followed his Majesty, and remained firm in his fidelity." — Hist, of the Rebel-
lion, vol. iii. p. 548.

2 K2

500 LIFE OF MARQUIS OF HERTFORD. CHAP. XT.

in favour of Bristol, as " being a great, rich, and popu-
" lous city,"1 and which, once possessed, would give
them the command of Somerset and Gloucestershire.
The objections to this plan were that Bristol was out
of the county of Somerset ; that Mr. Holies was Lieu-
tenant of Bristol and had exercised the militia there ;
that many disaffected people, and some of great
importance, being in the town, success might be doubt-
ful, and that defeat was too dangerous to be risked.
Lord Clarendon, however, regrets that the advice in
favour of Bristol was not adopted, which, he thinks,
" would have proved very prosperous."

Wells was next proposed and agreed to, as " being a
" pleasant city in the heart and near the centre of the
" county of Somerset."2 Lord Hertford and his friends
accordingly removed to Wells, there to try their suc-
cess. Lord Hertford, whose interest and reputation
in those parts were greater than any man's, appears
to have been anxious " to compose the fears and appre-
" hensions of the people, by doing all things in a
" peaceable way and according to the rules of the
" known laws, to convince all men of the justice and
" integrity of his Majesty's proceedings and royal in-
" tentions."3 Accordingly, the day after his arrival at
Wells, he sent for the Sheriff (who wras joined in the
commission with him) from Bath to ask his advice and
assistance in the execution of the array. The Sheriffs
answer was, that he had received commands from
Parliament not to join, that he should abide by

Hist, of the Eebelllion, vol. iii. p. 196. 2 Ibid., p. 197,

3 Ibid.

CHAP. XI. HE ADVANCES TO WELLS. 501

those commands, and at the same time sent him the
constables' petition and the judge's answer. This was a
most unpromising beginning, and the reception at Wells
proved still more unfavourable.1 Lord Hertford and his
friends were here met by the commissioners for the militia,2
armed with the authority of Parliament and already in
command of a superior military force. In a sharp skir-
mish Lord Hertford had prevailed against the deputy-
lieutenants of Somersetshire, and had possessed himself of

1 The various accounts given of the state of political feelings in the
west when Lord Hertford first attempted to put the Commission of Array
into execution have been so coloured by the different opinions of the
writers, that it is difficult to determine whether the majority of the gentry
were most inclined to support the cause of the King or of the Parliament.
May, the Parliamentary historian, gives no very favourable opinion of
Lord Hertford's success : —

" One great head there was of all those western counties, William Mar-
" quis of Hertford, whom the King, by his Commission of Array, had ap-
" pointed chief, and made him. Lord Lieutenant-General of Devon, Corn-
" wall, Somerset, Dorset, Wilts, Southampton, Gloucester, Berks, Oxford,
" Hereford, and seven counties within the Principality of Wales : who,
" notwithstanding his high command, was never able to achieve any great
" matter for the King's side ; so much were the common people of the
" west at that time inclined to the Parliament, and so active were those
" gentlemen who stood for it — such as were the sons of Sir Francis Pop-
" ham, Master Alexander Popham, Hugh, and Edward, who were more
" animated by the example of their aged father ; Master Strode, a Deputy-
" Lieutenant, and others — against all those frequent attempts which the
" Marquis made." — May's ' Hist, of the Parliament of England,' p. 148.

Lord Clarendon says that, " except Popham and Horner, all the gentie-
" men of eminent quality and fortune of Somersetshire were either present
" with the Marquis, or presumed not to be inclined to the Parliament."
Hist, of the Eebellion, vol. iii. p. 197.

In the letter entitled ' True News from Somersetshire' (Appendix
L L), it is said that with the unanimous consent of the county (except some
discontented spirits) they refused to obey the Commission of Array, and
divers of the county petitioned Lord Hertford " to depart out of their
" coasts."

2 Mr. Popham, Sir Edward liungerford, and Sir John Horuer..

502 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

the town of Shepton Mallet. Ten men were slain
and many wounded ;L but, on reaching Wells, he found
many thousands of horse and foot of the trained
bands and others, with three pieces of ordnance, ready
to besiege the town. His forces were unable to cope
with such numbers, and he retreated from Wells2 to
Somerton, and thence to Sherborne,3 without further
trouble.

Thus had the strife of arms already begun, even be-

1 May's ' Parliamentary Hist.,' p. 149. — It is probably to this skirmish
that the writer of ' True News from Somersetshire' alludes in the
following account : — " One Master Stroud, a gentleman of constant

C7 9 CJ

" fidelity to the King and Parliament, in execuion of the militia, met
" with the Marquis Hertford in the execution of the array, and showed
" such courage with a few against his many horse, which the country
" people seeing with admiration, got up their spirits, and so bestirred
" themselves that in a short time they had treble the Marquis's power,
" whereupon he left the place" (Wells).

2 According to Rushworth, Lord Hertford quitted Wells at night (vol.
iv. p. 685) ; according to May, Lord Hertford, having received timely
notice that he was to be besieged by many thousands of the people,
escaped a back way out of the town (p. 149) ; whilst, according to Lord
Clarendon's more detailed account, Lord Hertford stayed at Wells for two
days " in contempt of them, having only barricadoed the towrn ; but then,
" finding that the few trained bands which attended him there were run
" away, either to their own houses or to their fellows on the top of the
" hill, and hearing that more forces, or at least better officers, were
" coming from the Parliament against him, he retired in the noon-day and
" in the face of that rebellious herd." — Hist, of the Rebellion, vol. iii. p.
201.

3 " The castle of Sherbome was one of those three masterpieces of for-
" tification built by Roger Bishop of Old Sarum. so strong, it is said, that
" they were the wonder of the world ; and it was thought, before the inven-
" tion of gunpowder, they never could have been taken by any human force.
"It is also curious to remark the eight turrets on the top of the castle
" itself, built to represent earls' coronets and bishops' mitres, two and two
11 alternately, Roger being Earl of Salisbury as well as Bishop, and in this
" method wre may suppose he built all his castles." — Hutchins's ' Dorset-
shire,' vol. iv. p. 123.

CHAP. XI. HE RETREATS TO SHEEBORNE. 503

fore the King had raised his standard, and Lord Hert-
ford was destined to be amongst the first who stood in hos-
tile array against those who offered an armed opposition
to the execution of the King's commands.1 Within two
days of his arrival at Sherborne, Lord Hertford was
joined by Sir John Berkeley, Colonel Ashburnham, and
other good officers.2 The town of Sherborne was favour-
ably disposed towards him, most of the inhabitants being
tenants of Lord Digby ; and the Parliament's soldiers,
" not enduring to lie long in the field, it being harvest
" time, left the Commissioners and went home to their
u own houses to mind their harvest."1 Thus better
prospects of security and success than he had hitherto
seen now opened before him.

Lord Hertford had not been long settled at Sher-
borne when the Earl of Bedford,4 with Mr. Hollis,
Sir Walter Earle, Charles Essex,5 and Captain Pretty,
at the head of seven thousand foot and eight full troops
of horse, were sent by the Parliament against him.'3

1 Yide Appendix M M.

2 Hist, of the Rebellion, vol. iii. p. 202.

3 Rushworth, vol. iv. p. 685.

4 He was appointed General of the Horse to the Parliament on the 14th
of. July.

5 Sergeant-Major-General to the Parliament, " a soldier of good expe-
" rience and reputation in the Low Countries." — Hist, of the Rebellion,
vol. iii. p. 202.

6 The Earl of Bedford's presence was much desired by the adherents of
the Parliament in the west, as appears from the following letter from Mr.
Strode : —

" My Lord, — Presuming your Honour to be upon the way, or rather in
li our county this day, Mr. Pym's letters telling us you would depart from
" London towards us Monday last, I have not sent you the state of our
" country, but enclosed it by this bearer to Mr. Pyrn and Mr. Strode, with
" directions to acquaint your Lordship with it, if you should be hi the

504 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

The Earl of Bedford was commanded to leave Lon-
don on the 12th of August, and, proceeding straight to
Sherborne, he encamped within three-quarters of a mile
to the north of Sherborne Castle. On the same day that
he received his orders to depart (Aug. 12) a message
was delivered from the House of Commons to impeach
the Marquis of Hertford, the Earl of Northampton, and
Mr. Hastings, of high treason, for actual levying war
against the King and kingdom ; and the Clerk of the
Crown received orders to issue forth proclamation writs
directed to the sheriffs to summon them to appear before
the Lords on the 29th of that month, "to answer to
" their impeachment of high treason, sub po3iia convic-
" tionis."

The Earl of Bedford remained for four or five nights
within less than cannon-shot of the town and castle, and
during that time Lord Hertford sent a challenge, by
Harry Seymour, to the Earl to fight a duel with him.1
It must be supposed that Lord Hertford conceived him-
self to have received some personal affront that was to
be wiped off in this manner, as it is scarcely possible

" town. The Marquis Hertford, Lord Pawlett, and Lord Seymour, with
" Stowell, Hopton, Smith, Hawley, Windham, and the rest of our incen-
" diaries, are now retired into Sherborne; in all, about three hundred
" horse and one hundred foot. Had we the happiness to have your Lord-
" ship's presence, with the Parliament horse promised us, we should soon
" send them far from our coasts, and most of them safe unto the Paiiia-
11 rnent. I beseech your Lordship's present assistance, and pardon for
" these my hasty expressions, remaining

" Your Honour's most obliged and most humble servant,

" WILL. STRODE.

" Street-Grange, Aug. 11, 1642."— Lords' Journals, vol. v. p. 286,
1 Hist, of the Kebellion, vol. iv. p. 204.

CHAP. XI. HIS DEFENCE OF SHEEBOENE. 505

that any commander, engaged in the public service at
the head of his troops, could have had recourse to such
an expedient by way of deciding the cause in which
he and his adversary were severally engaged. On
whatever grounds the challenge was sent, the Earl of
Bedford, says Lord Clarendon, " reasonably declined
" at that time, saying ' he would be ready, when the
" business of the Parliament should be over, to wait
" upon the Marquis when he should require it.':

No progress was made by the Earl of Bedford against
Lord Hertford during his encampment near the
town and castle. Many of the soldiers that had been
raised by the county secretly left him. His forces be-
ing weakened, his army became somewhat disheartened.
Accordingly " he sent," says Lord Clarendon, " Sir John
" Norcot, under pretence of a treaty and the godly care
" of avoiding effusion of Christian blood, — in plain
English, to desire that he might fairly and peaceably
draw off his forces and march away, the which, how-
" ever reasonable a request it was, the Marquis refused,

1 Hist, of the Bebellion, vol. iv. p. 204. It is impossible to form any
opinion either on the degree of provocation which Lord Hertford may have
received, or the grounds on which the Earl of Bedford refused the chal-
lenge. No MSS. of that period are to be found in the possession of their
present descendants or representatives that throw any light on the subject.
The following year, when the Earls of Bedford and Holland put themselves
into the King's quarters at Wallingford, a debate in council took place at
Oxford as to the manner in which they should be received. " One argu-
11 merit," says Lord Clarendon, " was urged very loudly against their
" admission — that it would disturb the peace of the place ;" alluding to
" this postponed duel, and asserting that, if the Earl of Bedford should
" be in Oxford, the Marquis, who was every day expected, would exact
" the performance of his promise ;" which, adds Lord Clarendon, " sure
" he was too wise to do." — Ibid.

u
ft

506 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

" sending them word that, as they came thither upon
" their own counsels, so they should get off as they
" could. Upon this they drew off and marched a dozen
" miles for repose," leaving Lord Hertford for about a
fortnight undisturbed at Sherborne.

On the 25th of July Lord Hertford had first come
to Bath to execute the King's commission of array
" in a peaceable way, and according to the rules of the
" known laws." On the 22nd of August the standard
had been raised at Nottingham, and the great constitu-
tional questions of privilege and prerogative were cast
on the hazard of war to decide. Every step that was
taken now became a move in the general campaign that
was opened throughout the kingdom. Lord Hertford's
great object was not only to maintain his position at
Sherborne, but to relieve Portsmouth ;2 the object of
the Earl of Bedford was not only to dislodge Lord
Hertford, but to secure the persons of men " so con-
" siderable both in their fortunes and valour." In
these ulterior objects neither party was fated to suc-
ceed. Portsmouth was basely surrendered to the enemy
by Lord Goring, and the Earl of Bedford only partially
accomplished what the Parliament " conceived to be a
" thing of great moment." In the beginning of Sep-
tember the Earl of Bedford renewed his attempts upon
the castle, and a letter signed by Lord Hertford
and most of the Commissioners and officers, dated
Sherborne, September 10th, gives the following ac-
count of his proceedings :-

1 Hist, of the Rebellion, vol. iii. p. 225. 2 Ibid.

3 May's ' Parliamentary History,' p. 149. 4 Ibid.

CHAP. XL HIS DEFENCE OF SHEEBOKNE. 50?

" The Earl of Bedford set down before the castle Septem-
ber 2, 1642, on the north side. On the 3rd he made an attempt
from the west part of the town, and on the 4th another, when
he fired some houses. On the 5th he fired from a battery
erected on the north side of the castle. On the 6th the sheriff
summoned the county to the assistance of the Marquis, on which
the Earl broke up and marched to Yeovil,1 where an action hap-
pened on the 7th, in which the Parliament forces were repulsed
to the bridge ; but, receiving a reinforcement, the Marquis
retreated to Sherborne without being molested. The King's

o o

loss was about 20 taken or killed ; that of the enemy 80, and
16 horses."2

The Earl of Bedford drew off his forces to Yeovil,
a market-town about three miles to the west of Sher-
borne, and from thence he distributed his troops in
the adjoining towns of Ilchester, Sornerton, &c. The
morning after his retreat an alarm was given from
Ilchester that some armed men, upon their march

1 On the 6th of September the Earl of Bedford, Denzil Hollis, and
Charles Essex addressed a letter from Sherborne to the Lord General,
desiring three regiments of foot and three troops of horse to their assist-
ance.— Journals of the House of Lords, vol. v. p. 343.

" A letter from before Sherborne, Tuesday, the 6th of September, 1642,
" relating the condition of the army before that place and the proceedings
" and passages.

" Resolved, upon the question, That this House doth declare that they are
" well satisfied that the Earl of Bedford, Colonel Hollis, Colonel Essex, and
" the rest of the prime officers and gentlemen of the country intrusted by
" this House, have done their duty in this action before Sherborne, and that
" thanks be returned unto them. Ordered, That it be recommended to the
" Lord General and the committee for the defence of the kingdom to send
" new supplies speedily to Sherborne and provisions of cannon and other
" necessaries fit for the speecVy assaulting of that town ; and that Lieutenant
" Smyth be recommended to the Lord General, to consider of his good ser-
" vices and of some reward to them." — Commons' Journals, vol. ii. p. 758.

2 Quoted in Hutchins's ' Dorsetshire.'

508 LIFE OF MARQUIS OF HERTFORD. CHAP. XI.

towards Sherborne, had been discovered by the sentries.
These men proved to be a band of 300 horse, headed
by Mr. Rogers, a gentleman of the county, who was
conveying money for the relief of Lord Hertford and
his friends in Sherborne castle. The Earl of Bedford
immediately despatched six troops, well appointed, to
oppose their progress. In spite of the inequality of
numbers, Mr. Rogers and his followers made so gallant
a defence that they were able to again pursue their way
towards Sherborne, but, within a mile of the castle,
their passage was intercepted. The Earl of Bedford
had succeeded in getting between them and the castle ;
a desperate engagement took place, till at length, over-
powered by superior forces, they were defeated. Many
of Mr. Rogers's followers were put to the sword, and
he and his servant were taken prisoners, with the 800/,
destined for Lord Hertford's use. Whilst the engage-
ment was going on, Lord Hertford sallied out to rescue
his friends, but the attempt failed ; he was repulsed by
the Earl of Bedford, and pursued up to the castle.1

The siege now began afresh. The Earl of Bedford
mounted three pieces of ordnance, which he had re-
ceived from the inhabitants at Wey mouth. Many
shots were fired on both sides, both to and from the
castle, so that one of the Earl of Bedford's pieces
of ordnance was twice dismounted, and one of his
cannoneers killed. After some forty shots levelled by
the Earl of Bedford against the castle, a fortunate shot
was made which carried away the main battlements

1 The account of this engagement is to be found quoted in Hutchins's
' Dorsetshire,' from a pamphlet of the period, vol. iv. pp. 123-125.

CHAP. XL PROPOSITIONS TO THE EARL OP BEDFORD. 509

at a point where one of the pieces was planted; the
ordnance fell to the ground with a great part of the wall,
which was so weakened by the frequent batteries of
the cannon, that it could no longer offer resistance. A
cavalier then appeared upon the wall, sounding a parley,
which was answered by the Earl of Bedford, and a trum-
pet sent to demand the reason of that sudden parley.
On his reaching the moat, a paper fastened to an arrow
was shot over to him, with a direction to the Earl of
Bedford. This he took, and, returning to the armyr
he delivered the paper to the Earl, who, opening it,
found that it enclosed the following propositions : —
" 1. That, notwithstanding what he had done was by
" his Majesty's command, and for the furtherance of
" his Majesty's service, to which he was engaged by
" his oath of allegiance, yet, having found just cause
" to discontinue the prosecution of such service, and
" being desirous to save the effusion of blood that must
" necessarily be spent before the castle was obtained by
" any hostile force, he was content to deliver up the
(l castle upon these conditions. 2. That the said Earl
" of Bedford should grant him a peaceable retreat to his
" own manor, with all those that were retaining to
" him, or had run an equal hazard with him in that
" design. 3. That the said Marquis should be free
" from being questioned for his present actions, pro-
" vided that his future actions were correspondent and
conduceabie to the furtherance of a reformation,
which upon his honour he promised should be, and
" that all his power should be employed for the King
" and Parliament in the right sense. Upon these con-

510 LIFE OF MARQUIS OF HERTFORD. ("HAP. XL

" ditions he would lay down his arms and succour the
" castle •, but, if that were denied, he vowed to make
a his grave between those walls, and to place the Earl
" of Bedford's sister on the battlements, who should
" serve as a flag of defiance to him and all his fol-

" lowers."

It would appear from Lord Clarendon's account that
Lord Hertford's resolution to abandon his hold at Sher-
borne castle was determined not only by the successful
attack on its walls, but by a variety of other circum-
stances. He had heard of the loss of Portsmouth, and
had no longer therefore in view the relief of that town ;
and whilst the Parliament's forces hitherto employed on
this service were now likely to be added to those of the
Earl of Bedford, the regiments of horse promised him
by Sir John Byron had marched to the King. The
Committees of Parliament were active and successful.
Taunton, Wellington, Dunster Castle, and other places
declared for the Parliament. Mr. Luttrell refused to

1 ' Propositions propounded by the Marquis of Hertford to the Earl of
Bedford concerning the delivering up of Sherborne Castle,' &c., 1642, 4to.
— King's Col. of Pamphlets, Brit. Mus.

Hutchins recounts the following anecdote of Lady Digby ; the tradi-
tion on which it is founded may only have been this threat, used by Lord
Hertford, a threat which must have been made with her own consent, or
more probably at her suggestion : — " "While the Earl of Bedford besieged
" the castle tradition reports that the wife of George Lord Digby, son of
" the Earl of Bristol, his sister, was then at the lodge. He sent a rnes-
" sage to desire her to quit it, as he had orders from the Parliament to
" demolish it. She immediately went on horseback to his tent, at the
*' camp now called Bedford's Castle, and told him, ' if he persisted in his
" intention, he should find his sister's bones buried in the ruins,' and
" instantly left him ; which spirited behaviour in all probability pre-
" served it."

CHAP. XI. LORD HERTFORD CAPITULATES. 5 1 1

let Lord Hertford make the castle at Minehead a gar-
rison.1 As there now seemed no chance of increasing his
strength, or in any way advancing the King's service,
by remaining in these parts, he determined to use his
best endeavours to get back to the King.2

The terms of capitulation must have been acceded
to, as the siege was not renewed, and Lord Hertford,
having quitted Sherborne, retreated to Minehead. On
the 24th of September Parliament resolved that the
Earl of Bedford " should be required to give order for
" razing to the ground the castle and fortifications at
"Sherborne/'3

1 Kushworth, « Coll.,' vol. iv. p. 685.

2 In Lord Clarendon's account of the causes of Lord Hertford's retreat
from Sherborne he omits the surrender of the castle and the terms on
which it surrendered, but it would seem, from the accounts both of May
and of Whitelock, that the Earl of Bedford's success was scarcely regarded
as a triumph by his own party. The thanks of Parliament for his conduct
were voted on the 6th of September, which was previous to the surrender
of the castle.

" Many weeks did that siege continue, many sallies were made out, and
" sharp encounters on both sides performed with great courage — theParlia-
" ment side being in firm hope to have taken them at last, which was con-
" ceived a thing of great moment and advantage to their affairs, if they could
" have possessed the persons of so many men, considerable both in their
" fortunes and valour, and who proved afterwards very strong and cruel
" enemies. Yet that hope was frustrate, for about the beginning of
" October they all escaped out of Sherborne : the Earl, nevertheless, pur-
" sued after them, and in the chase took Mr. Pallart, Sir Henry, Sir John,
" and Sir Charles Barclay prisoners." — May's ' Hist, of the Parliament of
England,' p. 149.

" The Marquis of Hertford," says Whitelock, "who was hastening to the
" relief of Goring, gave a brush to the Earl of Bedford by the way, seized
" upon Sherborne castle, and from thence marched to the King to Shrews-
" bury." — Whitelock's ' Memorials,' p. 60.

3 Notwithstanding this order Sherborne castle does not appear to have
been destroyed at this time. In 1645 it was again besieged by Sir Thomas
Fairfax. It was gallantly defended by Sir Lewis Dives, but at last obliged

512 LIFE OP MARQUIS OF HERTFORD. CHAP. XI.

On Lord Hertford's reaching Minehead,1 a port-
town, he expected to find means to easily transport
himself and his forces into Wales. But the people
both of the town and the country were so little disposed
to render him any assistance, that all their boats, with
the exception of two, were purposely sent away. To
embark his whole army was impossible ; but the Earl
of Bedford had advanced within four miles of Mine-
head,2 and there was no time for delay. Lord
Hertford, with his small cannon and few foot, accom-
panied by Lord Pawlet, Lord Seymour, and some
gentlemen of Somersetshire, passed over into Gla-
morganshire, " leaving Sir Ralph Hopton, Sir John
" Berkeley, Mr. Digby, and other officers, with their
" horse, consisting of about 150, to inarch into Corn-
" wall, hoping to find that county better prepared for
" their reception."

The Earl of Bedford, thinking these few fugitives

to surrender. In the month of August it was ordered to be demolished ;
the order was carried into effect the following October. Out of the ruins
were built Castleton church, part of the lodge, the stable, and part of the
garden walls. — Hutchins's ' Dorsetshire,' vol. iv. p. 127.

1 " A letter from Pounsford, of September the 24th, 1642, from Mr. Roger
" Hill, a member of the House, concerning the passage of the Marquis
" Herts from Sherborne to Minehead, and of Mr. Luttrell at Dunster castle,
" near Minehead, was this day read." — Journals of the House of Commons,
vol. ii. p. 783.

2 A letter is mentioned in the Journals " from the Earl of Bedford from
" Dorchester, of the 21st of September, concerning his resolution to pursue
" the Marquis Herts," but it is not entered. — Journals of the House of
Commons, vol. ii. p. 781.

3 Hist, of the Rebellion, vol. iii. p. 226. — This arrangement was made
not only with the full consent of Sir Ralph Hopton, but by his own
advice. — Hist, of the Rebellion, vol. iv. p. 168.

CHAP. XI. CAUSES OF HIS FAILUKE. 515

depth of impression that the abuse of power in the Crown
had made in the country. Speeches in defence of half-
forgotten civil rights came home to the hearts of men
who had but to be reminded of the infringement of those
rights at once to feel their value. A people strongly im-
bued with the feelings and opinions of Protestantism had
but to be alarmed by the innovations of Popery to make
resistance a sacred duty, however high might be the
quarter from which the danger was threatened. Men
who, like Lord Hertford, had watched the progress of
events from the centre of action, might form a just esti-
mate of the point at which more was to be feared from
the aggressions of Parliament in the State and of sec-
tarianism in the Church than from the power of the
Crown or the assumptions of the hierarchy ; but, at the
opening of the civil war, the grievances that had been
felt and the dangers that were apprehended were referred
to the arbitrary rule of the King, the influence of the
Queen, the priestly domination of the bishops and
Church dignitaries ; and people eagerly sought redress
and protection against the evils on which their minds
had been accustomed to dwell ; but in their often ex-
pressed " fears and jealousies " they had not learnt to
dread the hidden perils of the unexplored future.

END OF VOL. II.

PRINTED BY WILLIAM CLOWES AM> SONS, STAMFORD STREET

I A

8 " 1938

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Full text of "Lives of the friends and contemporaries of Lord Chancellor Clarendon : illustrative of portraits in his gallery"

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