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were not called in question, nor could be violated Whether the question was well stated to Fairfax, "by their proceedings against him, who was a or what was else said to him to dissuade him from "subject of England; against which he was owning his declaration and promise, he boggled so Icharged with rebellion and treason: that they much in his answer, that they would be of opinion, " did not proceed against him as duke Hamilton "that he had not made such direct and positive "of Scotland, but as earl of Cambridge in Eng-"promise; and that the same was never trans"land, and they would judge him as such." The "mitted to the parliament; which it ought to have earl of Holland was not at that time in a good dis- "been; and that, at most, it could but exempt position of health, and so answered little, as a man "those prisoners from being tried before a court, that would rather receive his life by their favour," or council of war, and could not be understood as than from the strength of his defence. The earl" an obligation upon the parliament, not to give of Norwich behaved himself with great submission" direction to such a legal proceeding against to the court, and with all those addresses as were "them, as they should find necessary for the most like to reconcile his judges to him, and to "peace and safety of the kingdom." The presiprevail over their affections: spoke of "his being dent Bradshaw told the lord Capel, with many "bred up in the court from his cradle, in the time insolent expressions, "that he was tried before "of queen Elizabeth; of his having been a ser- "such judges as the parliament thought fit to "vant to king James all his reign; of his depend-"assign him; and who had judged a better man "ence upon prince Harry; afterwards upon the "late king; of the obligations he had to the crown, and of his endeavours to serve it;" and concluded as a man that would be beholding to them, if they would give him leave to live.

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"than himself." So the sentence of death was pronounced against all five of them, "that they

should lose their heads;" upon which sir John Owen made a low reverence, and gave them humble thanks; and being asked by a stander by, "what he meant?" he said aloud, "it was a very " great honour to a poor gentleman of Wales to "lose his head with such noble lords;" and swore a great oath," that he was afraid they would have hanged him."

The lord Capel appeared undaunted, and utterly refused to submit to their jurisdiction; "that in "the condition and capacity of a soldier and a prisoner of war, he said, the lawyers and gown"men had nothing to do with him, and therefore "he would not answer to any thing which they The prisoners were all carried to St. James's; had said against him;" (Prideaux having treated where they were to remain till their execution two him with great rudeness and insolence;) but in- days after; which time their friends and relations sisted upon "the law of nations, which exempted had to endeavour to preserve their lives by the all prisoners, though submitting to mercy, from power and authority of the parliament; where death, if it was not inflicted within so many there were so many sitting who had not sat in days which were long since expired." He judgment upon them, and who were of several urged "the declaration which Fairfax the general affections, and liable to several temptations, that had made to him, and the rest of the prisoners, there might be a reasonable hope to rescue them after the death of sir Charles Lucas and sir from the cruel and unjust judgment. Their wives, George Lisle; that no other of their lives should and children, and friends, left no way untried to be in danger, which he had witnesses ready to prevail; offered and gave money to some who "prove, if they might be admitted;" and con- were willing to receive it, and made promises cluded, "that, if he had committed any offence accordingly. But they who had the greatest credit, "worthy of death, he might be tried by his peers and most power to terrify others who should dis"which was his right by the laws of the land; please them, were inexorable; yet dealt so much "the benefit whereof he required." Ireton, who more honestly than the rest, that they declared to was present, and sat as one of his judges, denied the ladies, who solicited for their husbands and "that the general had made any such promise, their fathers, "that they would not endeavour to "and if he had, that the parliament's authority" do them service." Ireton, above all men, con"could not be restrained thereby ;" and put him in mind of his carriage at that time, and how much he neglected then the general's civility. The other insisted still on the promise; and urged, "that the general might be sent for and ex"amined;" which they knew not how to deny ; but, in regard of his indisposition of health, they said they could not expect he should come in person, but they would send to him for his testimony in writing, whilst they proceeded against sir John Owen, who was the other prisoner.

He answered them without any application, "that he was a plain gentleman of Wales, who "had been always taught to obey the king; that " he had served him honestly during the war, and finding afterwards that many honest men endea"voured to raise forces, whereby they might get "him out of prison, he did the like; and the high sheriff endeavoured to oppose him, and so "chanced to be killed; which he might have "avoided, if he had stayed at home:" and concluded like a man that did not much care what they resolved concerning him.

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tinued his insolent and dogged humour, (sævus ille vultus et robur a quo se contra pudorem muniebat,) and told them, " if he had credit, they "should all die." Others, who gave better words, had no better meaning than he.

All their petitions were read in order, being penned in such styles as the friends, who solicited for them, were advised. Duke Hamilton's petition being read, many, upon the motives of justice, and as they imagined his death might be the occasion of new troubles between the two nations, since Scotland could not but resent it, would have been willing he should live. But he had fewer friends to his person than any of the rest; and Cromwel knew well that his being out of the way would not be unacceptable to them upon whom the peace of that kingdom depended: so that when his petition was read, it was rejected by very much the major part of voices. The consideration of the earl of Holland took up a long debate: the interest and interposition of the earl of Warwick, his brother, was applied; and every presbyterian, to a man, was solicitous to preserve him. They urged "his

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"merit towards the parliament in the beginning and where there were so many harboured who "of the troubles; how much he had suffered in were every day sought after, had provided a "the court for his affection to them: his age and lodging for him in a private house in Lambeth "infirmities, which would not suffer him long to Marsh; and calling upon him in an evening, when enjoy that life they should give him: and the it was dark, to go thither, they chose rather to "consideration of his wife, and children, which take any boat they found ready at the Temple were numerous." But these arguments stirred stairs, than to trust one of that people with the up others to inveigh against his backslidings with secret; and it was so late that there was one only the more bitterness, and to undervalue the services boat left there. In that the lord Capel (as well he had ever done; to tax his vanities, and his disguised as he thought necessary) and his friend breach of faith. So that when the question was put themselves, and bid the waterman to row them put concerning him, they who were for the nega- to Lambeth. Whether, in their passage thither, the tive exceeded the number of the other by three or other gentleman called him my lord, as was confifour votes; Cromwell having more than an ordi- dently reported, or whether the waterman had any nary animosity against him, for his behaviour in the jealousy by observing what he thought was a disbeginning of the summer, and for some words of guise, when they were landed, the wicked waterneglect and contempt he had let fall concerning man, undiscerned, followed them, till he saw into himself. The earl of Norwich came next upon the what house they went; and then went to an stage; who, having always lived a cheerful and officer, and demanded, "what he would give him jovial life, without contracting many enemies, had to bring him to the place where the lord Capel many there who wished him well, and few who "lay?" And the officer promising to give him ten had animosity against him: so that when the ques- pounds, he led him presently to the house, where tion was put concerning him, the house was equally that excellent person was seized upon, and the divided, the votes which rejected his petition, and next day carried to the Tower. those which would preserve his life, were equal: so that his life or death depended upon the single vote of the speaker; who 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 misin"formation, which would have been 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.' By this good fortune he came to be preserved; whether the ground of it were true or no, or whether the speaker made it only as an excuse for saving any man's life who was put to ask it in that place.

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When the petition, that his wife had delivered, was read, many gentlemen spoke on his behalf; and mentioned the great virtues which were in him; and "that he had never deceived them, or pretended to be of their party; but always reso“Îutely declared himself for the king:" and Cromwell, who had known him very well, spoke so much good of him, and professed to have so much kindness and respect for him, that all men thought he was now safe, when he concluded, "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 Capel 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, The lord Capel, shortly after he was brought " and generosity; that he had many friends who prisoner to the Tower from Windsor castle, had "would always adhere to him; and that as long by a wonderful adventure, having a cord and all as he lived, what condition soever he was in, he things necessary conveyed to him, let himself down" would be a thorn in their sides; and therefore, out of the window of his chamber in the night, "for the good of the commonwealth, he should over the wall of the Tower; and had been directed" 'give his vote against the petition." Ireton's through what part of the ditch he might be best hatred was immortal; he spake of him and against able to wade. Whether he found the right place,him, as of a man of whom he was heartily afraid. or whether there was no safer place, he found the water and the mud so deep, that, if he had not been by the head taller than other men, he must was not pleased that he should escape, because have perished, since the water came up to his chin. " he had put him into their hands again, when he The way was so long to the other side, and the "was at liberty." And so, after a long debate, fatigue of drawing himself out of so much mud so though there was not a man who had not a value intolerable, that his spirits were near spent, and he for him, and very few who had a particular malice was once ready to call out for help, as thinking it or prejudice towards him, the question being put, better to be carried back again to the prison, than the negative was more by three or four voices: so to be found in such a place, from whence he could that of the four lords, three were without the not extricate himself, and where he was ready to mercy of that unmerciful people. There being no expire. But it pleased God, that he got at last to other petition presented, Ireton told them, "there the other side; where his friends expected him, "had been great endeavours and solicitation used and carried him to a chamber in the Temple; 66 to save all those lords; but that there was a where he remained two or three nights secure commoner, another condemned person, for whom from any discovery, notwithstanding the diligence "no one man had spoke a word, nor had he himself that could not but be used to recover a man they "so much as petitioned them; and therefore he designed to use no better. After two or three days, "desired, that sir John Owen might be preserved a friend whom he trusted much, and who deserved by the mere motive and goodness of the house to be trusted, conceiving that he might be more" itself;" which found little opposition; whether secure in a place to which there was less resort, they were satiated with blood, or that they were

Very many were swayed by the argument that had been urged against duke Hamilton, "that God

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1648.]

Duke Hamilton, the earl of Holland, and the lord Capel are beheaded. 703

willing, by this instance, that the nobility should see that a commoner should be preferred before them.

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As soon as his lordship had ascended the scaffold, he looked very vigorously about, and asked, "whether the other lords had spoken to the people A scaffold was erected before Westminster-hall," with their hats on?" and being told, that "they and all the prisoners condemned were brought" were bare;" he gave his hat to his servant, and from St. James's, (as well the two who were re- then with a clear and a strong voice he said, "that prieved, as the three who were to suffer,) upon he was brought thither to die for doing that the ninth of March, that was at the end of the "which he could not repent of: that he had been year 1648, a little more than a month after the "born and bred under the government of a king, murder of the king, to sir Thomas Cotton's house," whom he was bound in conscience to obey; at the upper end of Westminster-hall; where they "under laws, to which he had been always obewere suffered to repose themselves about the space "dient; and in the bosom of a church, which he of an hour, and then were led successively through thought the best in the world: that he had the hall to the scaffold, duke Hamilton being first; "never violated his faith to either of those, and who seemed yet to have some hope of a reprieve," was now condemned to die against all the laws and made some stay in the hall, till the earl of" of the land; to which sentence he did submit." Denbigh came to him; and, after a short whisper, He enlarged himself in commending "the great in which he found there was no hope, he ascended "virtue and piety of the king, whom they had put the scaffold. He complained much of "the in- " to death; who was so just and so merciful a justice that was done him; and that he was put "prince;" and prayed to God, "to forgive the "to death for obeying the laws of his country; "nation that innocent blood." Then he recom"which if he had not done, he must have been put mended to them the present king; "who," he "to death there." He acknowledged the obliga- told them, "was their true and their lawful sovetions he had to the king, and seemed not sorry for "reign; and was worthy to be so that he had the gratitude he had expressed, how dear soever it "the honour to have been some years near his cost him. His natural darkness, and reservation in " person, and therefore he could not but know him his discourse, made him to be thought a wise man, "well;" and assured them, " that he was a prince and his having been in command under the king of great understanding, of an excellent nature, of Sweden, and his continual discourses of battles," of great courage, an entire lover of justice, and and fortifications, made him be thought a soldier. " of exemplary piety; that he was not to be shaken And both these mistakes were the cause that made" in his religion; and had all those princely virhim be looked upon as a worse and a more dangerous man, than in truth he deserved to be.

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And having, with great vehemence, recommended it to them, after some prayers very devoutly pronounced upon his knees, he submitted himself, with an unparalleled Christian courage, to the fatal stroke, which deprived the nation of the noblest champion it had.

"tues, which could make a nation happy:" and therefore advised them "to submit to his governThe earl of Holland was brought next, who, by "ment, as the only means to preserve themselves, his long sickness, was so spent, that his spirits" their posterity, and the protestant religion." served not to entertain the people with long discourse. He spoke of "his religion, as a matter unquestionable, by the education he had had in the religious family of which he was a branch:" which was thought a strange discourse for a dying man, who, though a son, knew enough of the iniquity of his father's house, which should rather have been buried in silence, than, by such an unseasonable testimony, have been revived in the memory and discourse of men. He took more care to be thought a good friend to parliaments, than a good servant to his master, and was thought to say too little of his having failed so much in his duty to him, which most good men believed to be the source from whence his present calamity sprung. He was a very well bred man, and a fine gentleman in good times; but too much desired to enjoy ease and plenty, when the king could have neither; and did think poverty the most insupportable evil that could befall any man in this world. He was then so weak that he could not have lived long; and when his head was cut off, very little blood followed.

The lord Capel was then called; who walked through Westminster-hall, saluting such of his friends and acquaintance as he saw there, with a very serene countenance, accompanied with his friend Dr. Morley; who had been with him from the time of his sentence; but, at the foot of the scaffold, his lordship took his leave of him; and, embracing him, thanked him; and said, he should go no farther, having some apprehension that he might receive some affront by the soldiers after his death; the chaplains who attended the two other lords being men of the time, and the doctor being well known to be most contrary.

He was a man 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 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 violated, and his just power invaded, than he threw all those blessings behind him; and having no other 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 beginning 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