The memoires of the lives and actions of James and William, Dukes of Hamilton and Castleherald, &c. in which an account is given of the rise and progress of the civil wars of Scotland, with other great transactions both in England and Germany, from the year 1625, to the year 1652 : together with many letters, instructions, and other papers, written by King Charles the I : never before published : all drawn out of, or copied from the originals / by Gilbert Burnet ; in seven books.

MAJESTY in MISERY: OR, An Imploration to the KING of Kings.

Written by His late Majesty King CHARLES the First, during His Captivity at Carisbrook Castle, Anno Dom. 1648.

[ 1] GREAT Monarch of the World, from whose Power Springs The Potency and Power of Kings, Record the Royal Woe my Suffering sings;

[ 2] And teach my tongue, that ever did confine Its faculties in Truths Seraphick Line, To track the Treasons of thy foes and mine.

[ 3] Nature and Law, by thy Divine Decree (The only Root of Righteous Royaltie) With this dim Diadem invested me,

[ 4] With it, the sacred Scepter, Purple Robe, The Holy Vnction, and the Royal Globe: Yet am I levell'd with the life of Job.

[ 5] The fiercest Furies, that do daily tread Vpon my Grief, my Gray Dis-crowned Head, Are those that owe my Bounty for their Bread.

[ 6] They raise a War, and Christen it, The Cause, Whil'st sacrilegious hands have best applause, Plunder and Murder are the Kingdoms Laws;

[ 7] Tyranny bears the Title of Taxation, Revenge and Robbery are Reformation, Oppression gains the name of Sequestration.

[ 8] * 1.1My Loyal Subjects who in this bad season Attend me (by the Law of God and Reason) They dare impeach, and punish for High Treason.

[ 9] Next at the Clergy do their Furies frown, Pious Episcopacy must go down, They will destroy the Crosier and the Crown.

[ 10] Church-men are chain'd, and Schismaticks are free'd, Mechanicks preach, and Holy Fathers bleed, The Crown is crucified with the Creed.

[ 11] The Church of England doth all Faction foster, The Pulpit is usurpt by each Impostor, Ex tempore excludes the Pater noster.

[ 12] The Presbyter and Independent Seed Springs with broad blades; to make Religion bleed, Herod and Pontius Pilate are agreed.

[ 13] The Corner-stone's misplac'd by every Pavier; With such a bloody method and behaviour, Their Ancestors did crucifie our Saviour.

[ 14] My Royal Consort, from whose fruitful Womb So many Princes legally have come, Is forc'd in Pilgrimage to seek a Tomb.

[ 15] Great Britain's Heir is forced into France, Whilst on his Father's head his foes advance: Poor Child! He weeps out his Inheritance.

[ 16] With my own Power my Majesty they wound, In the King's Name the King himself's uncrown'd: So doth the Dust destroy the Diamond.

[ 17] With Propositions daily they enchant. My Peoples ears, such as do Reason daunt, And the Almighty will not let me grant.

[ 18] They promise to erect my Royal Stem, To make Me great, t' advance my Diadem, If I will first fall down, and worship them;

[ 19] But for refusal they devour my Thrones, Distress my Children, and destroy my bones, I fear they'l force me to make bread of stones.

[ 20] My Life they prize at such a slender rate, That in my absence they draw Bills of hate, To prove the King a Traytor to the State.

[ 21] Felons obtain more priviledge than I, They are allow'd to answer e're they die, 'Tis death for me to ask the reason, Why.

[ 22] But, Sacred Saviour, with thy words I woo Thee to forgive, and not be bitter to Such, as thou know'st do not know what they do.

[ 23] For since they from their Lord are so disjointed, As to contemn those Edicts he appointed, How can they prize the Power of his Anointed?

[ 24] Augment my Patience, nullifie my Hate, Preserve my Issue, and inspire my Mate, Yet though We perish, bless this Church and State.

Vota dabunt quae bella negarunt.

But I go on from this sad subject to the tragical Conclusion of the Duke's Life.

The News of that Murder sunk the Duke's thoughts into a deep Sorrow, which he carried with him to his Grave: he well saw his own Danger, knowing that those who had broken all the bonds of Loyalty and Duty, were not to tie themselves to the faith of a Capitulation or Articles, though granted by a person impowered by them; and there∣fore he designed an Escape from Windsor that night, which was contri∣ved by his faithful Servant Mr. Cole, afterwards one of the Kings Quirries, who during his imprisonment had liberty to go and return from London, which he did very frequently, bringing him an account of what passed. And the Duke having gained his Keeper, ordered Mr. Cole to send a trusty Servant with two Horses to Windsor, which accordingly he did; advertising the Duke not to come to the City till seven a Clock in the Morning, and then Mr. Cole was to come to him near London, and bring him to some secure House in the City; whereupon at night about the time of shutting the Gates,* 1.2 the Duke made his Escape freely out of the Castle, without suspicion, and came to the Place appointed, where his Servant and Horses waited for him. But he fatally went from the Resolutions he had laid down with Mr. Cole, and would needs go in the night to Southwark, thinking to have got to Mr. Owen's House, who was acquainted with the business; not considering what had been told him of the Guards were about the City all the night, so that there was no coming to it but in the day: and all things con∣curring to hasten him to his Grave, there was that night a Party of Horse and Foot in Southwark searching for Sir Lewis Dyves, and ano∣ther who had escaped the night before.* 1.3 Some of them meeting the Duke in the Streets about four in the morning, where he had long knocked at a door, took him, and examined him: he told them a very formal Story of himself and his business, which at first satisfied them; but they observed, that as he took a pipe of Tobacco by them, he burn∣ed several great Papers to fire it; whereupon they searched him, and found such Papers about him as discovered him. It was not before the next morning that he was missed at Windsor, for that night he made his Escape there came an Order from Cromwel to the Governour of Wind∣sor to make him close Prisoner, and put all his Servants from him, who thereupon ordered the Captain of the Guard to go about it; but he hearing the Duke was a-bed, delayed it till next morning, and then found he was gone. It being discovered that Mr. Cole had ordered the Duk's Escape, many advised him to go out of the way; but he resol∣ved rather to die than to leave his Master at such a time, and made a shift to come at him that same evening. When the Duke saw him, he lifted up his hands, and said, It was Gods will it should be thus. That night Mr. Cole was also taken, and Sir Hardress Waller examined him, but drew nothing from him, whereupon he was made close Pri∣soner; yet when the Duke was brought to his Trial he procured his Liberty, for the Averment of some particulars of his Plea.

The Duke being thus unfortunately retaken, he was committed to Prison at St. Iames's,* 1.4 in the same Room where the Earl of Norwich, the Lord Capel, and Sir Iohn Owen were Prisoners, and then all saw in what danger his Life was: whereupon great endeavours were used and strong applications made in Scotland to the Marquis of Argyle, who had then

the chief Pow••r there, that the Committee of Estates would so far study his Preservation, as to own that what he did was by the Autho∣rity of that Kingdom, that so whatever other Punishment they would lay on him, his Life might not go for it: And it had been faithfully promised by all the Leaders of that Party, at the Pacification at Sterlin, either to save his Life, or to make his Death a National Quarrel. But the Marquis of Argyle would not interpose,* 1.5 and though the Dukes Daughter, the present Dutchess of Hamilton, left no means unessayed to prevail on him; yet all was in vain, for he pretended that since those in England had murdered their King, notwithstanding their Commis∣sioners protesting against it, it was not to be expected their interpositi∣on in other things could be of any weight; nor was it fit they should a∣ny more address to the Murderers of their Soveraign. So all hopes of any Mediation that way failed; and not only that, but Lambert being prevailed on by the offer of a good Sum, to claim the Duke as his Prisoner, some Letters came from Scotland about it, upon which Lam∣bert was advised not to insist on that Demand. This was vouched to the Writer from several hands, who had it both from Lambert himself, and some other considerable men in the Two Houses.

But now his Majesties Blood not having satisfied the Cruelty of the New Usurpers, their next design was against those who had served him faithfully; and therefore the Duke was brought to his Tryal, and ho∣noured to be the first of those who followed his Master in that Glori∣ous Martyrdom.

The Usurpers ordained the pretended Court of Justice to proceed against him: so in the 6^th of February, he was brought to a Tryal. It will not be hard to perswade the Reader, without further inquiry, that those who embrued their hands in the Blood of their Soveraign, thereby breaking loose from all Ties Sacred and Humane, could not stand much at the effusion of meaner Blood; no, their Consciences were feared with their former Crime, so that nothing could be so wicked but they were stout enough for attempting it: yet they chose to varnish over their perfidious Cruelty with some Colours and Appearances of Justice; but the Disguise was so thin, that it served them to no other purpose, but to add hypocrisie to their former Villany: which will evi∣dently appear from the following Tryal, drawn partly from the Journal of the Court, and partly from Notes of what passed, taken by some Eye-witnesses. Steel and Cook, the Counsel for the People of Eng∣land, did exhibit on the 6^th of February, being Friday, the following Charge.

That the Earl of Cambridge about the 19^th of July last, Traiterous∣ly invaded this Nation in a Hostile manner,* 1.6 and levied War to assist the King against the Kingdom and People of England, and had com∣mitted Sundry Murders, Outrages, Rapines, Wastes, and Spoiles, upon the said People; and particularly about the 20^th of August, near Preston did make War, joyn Battle and fight against the Forces of the Parlia∣ment, and therein did murder, and kill Collonel Thornley and others.

To this the Duke put in the Declinatour and special Plea following,* 1.7 intending at last to answer the Charge, if the Plea was not sufficient; having first told the Court, he was better known by another name

than the Earl of Cambridge. His Plea consisted of three ••••ads. First, he pleaded this his undertaking that Imployment, was by Command of the Parliament, and Supreme Authority of the Kingdom of Scotland, for such ends as he conceived were good and justifiable, and in no way derogatory to the Peace and Happiness of these Dominions; That he did earnestly endeavour to decline it, but that not being accepted of, he could not disobey their Commands without incurring the severest Cen∣sures. Secondly, that he was born in Scotland before the Naturalizati∣on of his Father in England, therefore he conceived himself an Alien, and not triable in England. Thirdly, that he had rendred himself Prisoner upon Capitulation and Articles with those who had Major-General Lamberts Commission; and that by these, he was, first, a Pri∣soner of War; next his Life and the Safety of his Person was secured to him by the Articles, which were signed by the Commissioners of both sides, before he was their Prisoner, and that they could fasten neith••r a Breach, nor non-performance on him. Upon this the Counsel of the People caused the Act of his Fathers Naturalization to be read, & spake a little to aggravate and set out his Fact; but he desired a convenient time to procure Papers, Witnesses, and other Evidences material to his Plea, which he said was seldom denied to any in that condition; and it was well known to many there, how that since the beginning of this Parliament, many weeks were granted to an Eminent Man upon his Trial (by whom he meant the Earl of Strafford, who had time allowed him to send to Ireland.) The Court adjourned to the next day without giving him any satisfactory Answer. But the Dukes Carriage and Dis∣course that day gained much on all the Spectators, being so serene and calm that his very Enemies did applaud it.

* 1.8Saturday the 10^th in the Evening his Grace was again brought to the Bar, and he desired Counsel which was granted; and it was refer∣ed to him, whether the Court or himself should name them, which he then passed over, and without much speaking on either side the Court adjourned, notice being given him that he must appear again on Tuesday the 13^th; but no Order being issued forth for Counsel, some Counsel who were dealt with did decline the Imployment.

* 1.9Tuesday the 13^th his Grace being brought again to the Bar, desired a longer time, since notwithstanding serious means had been used, no Lawyer would be his Counsel without the Courts Orders. This was granted by the President after some Expostulation, and upon his Gra∣ces Nomination, Mr. Chute, Mr. Hales, Mr. Parsons, and Dr. Walker were assigned him for Counsel, to have free access to him, in the presence and hearing of some of his Keepers, and to be ready against Teursday follow∣ing to maintain his Plea, upon which the Court adjourned till the 15^th.

* 1.10Thursday the 15^th his Grace being again brought before the Court, declared that their Order being offered to his Counsel, they all found themselves unable to plead for him, or to do what was otherwise fitting, and so had refused to come and speak with him at St. Iames's. The Court objected the time they had already granted, and alledged this was a meer delay: but his Grace protested it was true, and offered one of his Servants to attest it. Doctor Walker in Court declared, he would not be of his Counsel, by reason of his Im∣ployment under the Parliament. His Grace desired a convenient time as was usual in the like Cases, not only in respect of his Lawyers, but

that he might send to Scotland, and other remote Places for Witnesses, and Evidences, necessary for his Defence; since no prejudice could come by that Delay, and this was denied to none in Tryal for Life, and had been granted to Mac-Guire and Mac-Hun two Irish Men. But for his Counsel the Court Ordained, that any of the Six he should name might be Authorized to advise with him in private, and to speak in Court in the matter of Law arising out of the Fact of the Plea, after the matter of Fact was handled, which his Grace was to maintain next Saturday. And for the Time he craved, they said, he looked on the unreasonable time was granted to Strafford and Canterbury, those grand Offenders, with whom he had been too familiar, as Precedents; but those were Precedents without a Precedent, and none were to expect the like at this time, especially since there were now so many Prisoners to be Tryed.

Saturday the 17^th His Grace was brought to the Court with some Witnesses, his Counsel being neer, but not present;* 1.11 and in order to the Parts of his Plea, he first produced Duplicates of the Commission, and Orders from the Parliament of Scotland and Committee of Estates there. The Court demanded Evidence for both; his Grace answered, were time granted he would not only sufficiently prove these, but ma∣ny other points belonging to his Justification: but the Court answered, that unless they were presently attested vivâ voce, they would not suffer them to be read.* 1.12 Whereupon his Grace desired that his Servant Mr. Lewis might be examined, whose Testimony was accepted, and the Papers he produced were received for Evidences and read. Next, the Declara∣tion containing the ends of the Engagement was read, and being proved by the same Witness was left in Court with the former Papers. Then the Court upon his Grace's desire produced the Original Articles of Capitulation, which were read; and Mr. Cole proved he saw them de∣livered to his Grace about nine in the Morning, before the Lord Gray came in.

The L. Gray deposed, That two several Summons, which were sent by him to his Grace to yield upon Mercy, were both answered negative∣ly in respect of the Cessation and Treaty; That by a Letter from Crom∣well, dated Warrington August 20^th, he was enjoined to pursue the Scotish Forces with all vigour; That he had received Letters from the Stafford∣shire-Gentlemen with whom the Cessation begun, intimating that they had condescended to it, on purpose to gain a few days time to strength∣en themselves, in regard the Scots were so numerous; and that he dispatched away Wayte and Peters that morning in which the Treaty ended to protest against it.

Peters was next examined, and answered, That going that morning to protest, by order from the Lord Gray, he came accidentally to the Duke, where he found the Hostages in his Chamber, and asked if he was willing to be the Lord Gray's Prisoner, who answered, he could not, in regard of the Treaty; but if he were afterwards to be dispo∣sed of, he had rather be his Lordships Prisoner than any others, being of his acquaintance; That he had seen the Summons, and the negative Answer to them; That this was about five in the Morning; and that Wayte and he went apart of the way towards the place of Treaty, where he heard the Articles were concluded.

Lilburn was next examined, who deposed, That the Articles were

signed by himself, and the other Treaties, about five in the morning, and were to be ratified by the Duke and Lambert; and that his own meaning of Preserving the Dukes Life (he knew not how the rest meant) was only to preserve him from the violence of the Souldiers, and not from the Justice of the Parliament. At this Peters rose up, ex∣pressing great dislike of Lilburn's Gloss, saying, that much tenderness was to be used where the Life of so eminent a person was concerned; That he had seen many Articles of War, but had never heard of such ambiguity, and that it was clear by those Articles the Duke held his Life secured, as well from the Parliament as the Souldiers; and wished to God that if their Commissioners had meant otherwise, it had been so expressed in the Articles, it being most necessary that Articles were in a concernment of Life. The President answered, You say well for the future, but it is now too late.

His Grace resumed what had been said, and spoke much on the Ar∣ticles for weakening Lilburn's Gloss.

* 1.13Next the Governour and Marshall of Windsor were examined about his Escape from Windsor-Castle: the Governour deposed, that the Duke said to him he needed not fear his Escape, he would be a true Prisoner, and not go away though the Gates were opened. The Mar∣shall said, he only heard this from the Governour.

The Duke expressed a deep r••sentment of this Injury done him by the Governour, who wounded his Honour so much, which he valued above all earthly things: and did shew how unlike it was that any such thing was either demanded or granted, since that is only done for a little more Liberty, whereas he was all the while kept under strict Guards; nor had he the liberty of walking in the Park, but was always guard∣ed by two Keepers, the one lying all night in the Room next him, and the other every night locking the Door, and carrying the Key with him; That the Governours Testimony in this matter was not to be re∣ceived, he being a Party, and now in hazard for his negligence, for he was told that if he escaped, he should die for it: adding, that if he were not a Prisoner, he would desire right of the Governour for that Scandal cast on him, and choose no other place for it but Westminster-Hall. But to all this the Governour made no Reply; only the Pre∣sident said, that though he could not blame the Earl of Cambridge for what he said, yet for all that the Governour was not to be discre∣dited.

* 1.14After this the Duke spake a little to all the three Branches of his Plea, reserving the fuller enlarging upon them to his Counsel. He in∣sisted most on the Articles, which he doubted not were sufficient to protect him; he desired them to consider, how Sacred Articles of War were reputed in all Places, and among all Nations, and how invio∣lably they were kept, all Princes and States being most careful to ob∣serve them, not only to Strangers, but to Subjects; having great regard to Articles, though only for Quarter, much more when there was a Ca∣pitulation for Life, adding the following Instances. Elisha the Pro∣phet would not suffer the King of Israel to kill the Syrian Captains, saying, Wouldst thou smite those whom thou hast taken Captive with thy Sword and thy Bow? The Blood of Abner lay on Ioab's head, who kil∣led one that had the Kings Safe-conduct. The Gibeonites also, though they used Ioshua deceitfully, yet were preserved according to the Ar∣ticles

given them; and not only Saul's House, but the whole Land suffered for the violation of them. That Prince Robert and the Lord Cottington, though excepted from Life or Pardon by Act of Parlia∣ment, were notwithstanding that, upon the Articles of the Rendition of Oxford, permitted to go beyond Sea, and never questioned for Life; and the like Justice was done the Earl of Bristol and the Lord Paulet, upon the Articles of the Surrender of Exeter, though both were ex∣cepted from Pardon; and that the Lord Fairfax and the Officers of the Army were most careful to see Articles always kept, in which they judged thei•• Honour deeply concerned, and had often written to the Parliament to that end: therefore he did not doubt the like Justice would be done him. By this time it was late, and the President ap∣pointed Monday next for the Duke to finish his Plea in matter of Fact, ordering his Counsel to be in the Court for their better Information; and so they adjourned.

Monday the 19^th the Duke and his Counsel were brought to the Bar.* 1.15 Collonel Wayte was examined, who deposed, that the Duke rendred himself to be the Lord Gray's Prisoner, and desired Wayte to protect him from the Multitude, who thereupon left a Guard at his going a∣way. But during his Deposition Peters said, he lies, he lies; and Peters, Spencer, and other Officers who were with Wayte at Vtoxater, being ex∣amined, did totally falsifie his Deposition. Divers were also that day examined about the place of the Duke's Birth, who all swore, they heard it always said that he was born at Hamilton, and that it was not a thing to be doubted of: others were examined about the Signing of the Articles, who all Witnessed, that they were signed long before the Lord Gray came; and Major Blackmore deponed, that the Duke's be∣ing the Lord Gray's Prisoner, was by an Agreement betwixt him and Lambert, whose occasions pressed him to go suddenly North-ward.

After this the Duke spake a little, to shew how little weight was to be laid on Wayt's Testimony, which was so evidently disproved. Next his Counsel asked the Courts Directions, how they should proceed; and the Court answered, that after the matter of Fact was handled, they might plead in Law upon all the parts of the Plea: and they told the Duke by the next Wednesday to finish his Evidence.

He desired a Warrant for bringing some Gentlemen, then Prisoners in White-hall, who were his material Witnesses: but the Court adjourn∣ed, and promised to consider of that Motion in the Painted Chamber; yet they granted it not.

Wednesday the 21^st the Court sate,* 1.16 and the Duke was brought to the Bar. Some were interrogated about the time of his Birth, to prove him post-natus: but it was not proved, one person only swearing, that he heard him say he was some years younger than the King. Evidence was also brought of his Conjunction with Langdale, which they ac∣counted Treason; yet even that was not clearly proved, though it was much laboured. Some Letters of his to Langdale had been taken, and were brought into Court: but as the Letters proved no Conjun∣ction, so it did not appear that they were his Letters: only Peters as∣serted they were like his hand. Then a Vote of the Two Houses was read, repealing a former Vote of setting an hundred thousand pounds Sterling upon him for Ransome; and proof was brought, that not∣withstanding Articles were given, yet some had been forced to take the

Negative Oath, and thereby they studied to evince that the Parliament did not hold themselves bound to stand to Articles.

After this his Grace resumed the substance of all those Evidences, and shewed that it was not proved he was a post-natus, nor that he joyned with Sir Marmaduke Langdale, who neither received Orders nor the Word from him, but marched and quartered apart; and that though he had done otherwise, it could not be criminal in him, since he had no Orders to the contrary from the Parliament of Scotland, but was commanded by them to joyn with all who would concur with him for prosecuting the ends of the Engagement, of which Sir Mar∣maduke approving, he had no reason to refuse Concurrence with him; neither could this be made Treason by the Law of England: of all which it seemed the Parliament was once well-satisfied, since by a Vote they had fined him in an hundred thousand pound Ster∣ling, as the price of his Liberty; by which it appeared they look'd not on him as a Traytor, but as an Enemy who had Life granted him by Articles.

Upon this the Court adjourned till Thursday the 22^d, and his Coun∣sel were appointed to plead, and he was to close his Evidence. The Duke was brought to the Bar,* 1.17 and by divers Witnesses it was proved, that there was no Rendition made to the Lord Gray, but a plain Refu∣sal, and that the Treaty was ended, the Articles signed, and Lambert come up, before the Lord Gray came thither. There was also produced an Order of Parliament, made four years before, that No Quarters should be given to any of the Iris•• in Arms, which inferred that others might have them; and another Order was read of the 14^th Iuly last, decla∣ring all the Sco••s who entred England Enemies, and all the English and Irish who assisted them Tr••ytors, and with this he closed his Evidence: and since he was not to be suffered to speak any more, he enlarged on all the parts of his Plea, and spake at length as follows.

That he was sent by the Kingdom of Scotland, which was a free Kingdom,* 1.18 and independent on England; That he having had his Birth, Honour, and Fortune there, was bound to give obedience to their Or∣ders; That for himself he had lived much out of business, and was sel∣dom in Publick Trust in that Kingdom, nor very desirous of any; but that being commanded to undertake the Charge of General, for ends which he conceived lawful, and no way contrary to the Peace or In∣terest of England, he was obliged to follow their Orders; and that by some Papers emitted by the Parliament of England against that Expe∣dition, they declared they looked on it as a National Breach, where∣by Scotland had violated their Leagues and Treaties with them, so that it was no private Act of his; That the entring of the Scotish Army into England Anno 1640 was accounted no Invasion, nor Treason, but on the contrary was acceptable to this Kingdom, which gave a Brotherly Assistance for it: and that the late unfortunate Army was designed ful∣ly for as good Ends, and would have been so looked on had it pro∣spered. And for his joyning with Sir Marmaduke Langdale, he answer∣ed it as was before set down. Therefore he being taken Prisoner in such a War, he conceived it without a Precedent that he should be Tri∣ed for his Life, for serving his Native Kingdom in an open War. As for his being an Alien, he referred that to his Counsel, but said it was undeniable he was born in Scotland, nor was he proved a post-natus▪

he was also born before his Father's Naturalization, and so not inclu∣ded in it, and his own Naturalization had been in agitation in the begin∣ning of this Parliament: That his sitting in Parliament did not con∣clude him an English Earl, for if questioned, he might probably have been expelled out of the House of Peers, as his Countryman Mr. Wal∣ter Stuart was out of the House of Commons: and that his being an Earl did not naturalize him, that being the King's single Act, where as Naturalization was only by Act of Parliament. As for the Articles, it was clear, that Lambert being a General Officer, commissionated by Parliament, was impowered to Capitulate both by the Parliament and by Cromwel, the L. Gray having no Authority from the Parliament, but only from Cromwel's Letter: that he became the Lord Gray's Prisoner only by Lambert's Order, and that he made no Surrender till the Articles were signed and delivered: that though the Lord Gray had protested against it, (and yet only an intention to do it was proved) he was not concerned in it, nor bound to take notice of it, Lambert being the Parliaments Offi∣cer, and sent against him by them. That Articles were to be expound∣ed by their plain meaning, and not by any mental reserves pretended by the Commissioners; That by the first Article, he was a Prisoner of War, and that it was seldom known that the Life of any such was ta∣ken; and that by the second Article, Life and Safety of Person were ex∣presly secured without any exception: That if Articles were now vio∣lated, it would make the sequel of the Wars, if any more followed, a down-right Butchery, since none would any more trust to a Capitula∣tion, which Mischief he prayed God to avert. That his Escape out of Prison was no Breach, he being only bound by the Articles to deliver himself Prisoner, which he did, but not to continue so: and he con∣cluded, that he was confident, had he no better Plea, his Articles were sufficient, according to the Laws of all Nations to preserve his Life.

Then the President asked him, if he had any thing to say as he was Earl of Cambridge: whereupon he and his Counsel moved, that if what he had said and proved was not satisfactory for the Averment of his Plea, he might answer the Charge exhibited, which he had not yet done. But to this, neither the Court, nor their Counsel would yield, though they gave no reason for it, save only that it implyed a desire of Delay: but the reason, as was said, was, that they knew had they yielded to that the Charge had been overthrown, since the Law of England does not admit that to be Treason which they charged on him, that he had assisted the King against the Kingdom and People by levying War. Then the Court told his Counsel, that Saturday was the longest time they allowed them for performing their part: but the Counsel answered, that it was impossible for them to undertake it, and discharge their Consciences to their Client, having so short a time allowed them; there being a necessity of searching divers Records for Precedents, which required a competent time, as had been allowed in former cases: but the Court refused to promise it, only they said they would take it into their consideration. The Counsel insisted, and said plainly, they declined the Imployment on those terms, and would be forced to declare it.

Monday the 26^th the other two Officers that had signed the Capitu∣lation for the Duke and his Troops,* 1.19 who had been sent for a great way off, were examined, who agreed with the former Witnesses in matters

of Fact, and also with Lilburn, that by signing the Articles, they only meant the Duke should be preserved from the Violence of the Souldi∣ers, and not from the Justice of the Parliament. Then the Counsel began to Plead, and all four spoke on the several Heads of the Plea. Mr. Heron spoke cursorily and elegantly, but not very materially: Mr. Parsons, a young man, spoke boldly, and to good purpose: Mr. Chute the Civilian spoke learnedly and home: and Mr. Hales (since the much-renowned Lord Chief Justice of the Kings Bench) elaborately and at length. The Heads of their Arguments follow.

* 1.20The Duke being, as was granted, a born Scotch-man, his Tie of ob∣ligation and subjection to that Kingdom, was indispensable and indis∣soluble, so that his late Imployment could not be refused when laid on him by the Authority of that Kingdom; no more than a Native of England, living in it, can disobey the Commands of this Parliament; whereas any Subjection the Duke owed the Parliament of England was only acquired, and dispensable: That since no man can be a Sub∣ject of two Kingdoms, whatever Tye lay on him to the Kingdom of England, it was not to be put in Competition with what he owed Scotland, it being a Maxim in Law, that Major relatio trahit ad se mino∣rem, and that Ius Originis nemo mutare potest: That there was an Alle∣geance due to the King and another to the Kingdom, and no Treason could be without a Breach of Faith and Allegeance due to them against whom it was committed, for these Kingdoms were two distinct King∣doms; and though the Allegeance due to the King was the same in both Kingdoms, yet that due to the Kingdoms was distinct: nor was the Actual administration of the Kingdoms in the Kings Person when the Duke got his Imployment; therefore, as his Allegeance to the King∣dom of Scotland was ancienter and stronger than any Tie that lay on him in England, so what he did by their Order might well make him an E∣nemy to this Kingdom, but could not infer Treason. Yet all this of the Allegeance due to the Kingdom was founded on no Common or Statute Law, as Mr. Hales himself confessed afterwards: but he urged this well against those who asserted it, it being the universally received Maxim at that time.

That whether he was a Post-natus, or Ante-natus did not appear: but though he were, it did not vary the Case, nor his obligation to the place of his Nativity; and so though he were Post-natus, or accounted a Denizen by his Fathers Naturalization, his Offence could not be Treason, but Hostility at most, and by that supposed Hostility, he could only lose his Priviledge of a Denizen, but could not be made a Traitor, there being no Precedent where ever any man was attainted of Treason for a hostile Invasion, and it was questionable if this Offence could a∣mount to that: nor could any case be alledged, where one born in ano∣ther Independent Kingdome, acting by a Commission from that King∣dom, and residing there when he received his Commission, and rai∣sing the Body of his Army in that Kingdom, and coming into this, in an Open Hostile manner, was ever judged guilty of Treason. Naturalization was intended to be a Benefit, and not a Snare, so that one might well lose it, but was not to be punished for it. And so when France and England were under one Soveraign, divers of both Nations were naturalized in the other; yet when Hostility broke out betwixt them, many so naturalized fought on the side of their Native Kingdom, for which none were put to death, though divers were ta∣ken

Prisoners. And in Edward the third's time, though he claimed France as his by Right; yet when the Constable of France invaded Eng∣land, and was taken Prisoner, he was not tried, nor put to death, but sent back to France, as being a Native of that Kingdom. And when David Bruce King of Scotland invaded this Kingdom, and was taken Prisoner, great endeavours were used to find a Legal ground for his Trial, he being Earl of Huntington in England; but this Plea was waved, for it was found that it could not be done justly, that being but a less de∣gree of Honour, though King Edward claimed a kind of Homage from the Crown of Scotland. That if the Duke were on that account put to death, it might prove of sad consequence, in case there was War any more betwixt the Kingdoms; since most of the present Ge∣neration were Post-nati, and all would be so quickly; and yet if the Lord Fairfax, who was both a Post-natus, and had his Honour in Scot∣land, were commanded to lead an Army thither, and being taken were put to death, it would be thought hard measure. For the Duke's Fa∣ther's Naturalization, it was true, by the Statute of the 25 Ed. 3. provisi∣on was made, that Children born without the Kingdom, whose Parents were then in the King's Allegeance, should be Denizens: but the Duke was born before his Father's Naturalization, which can never reach him, none but the Issue after his Father's Naturalization being included with∣in it; and the word Haeres in the Act is only a word of Limitation, and not of Creation: nor did his making use of the assistance of some English Forces make him a Traytor. It is true, if an Englishman conduct a Fo∣reign Army, or if a Foreigner come of his own head, or in a Rebellious way, to assist an English Rebellion, it will amount to Treason: for the Act of such an Alien is denominated from the crime of those he assist here, where he owed a local Obedience, which was the Case of Shirley the Frenchman, and of Lopez: but if an Alien come with a Foreign Force, though he make use of English Auxiliaries, that only infers a Hostility, but no Treason; and was the case of the Lord Harris a Scotchman 15 Eliz. and of Perkin Warbeck, both having English help: and though Warbeck was put to death, it was by no Civil Judicatory, but only by the Will of Henry the 7^th, who erected a Court-Marshall for that pur∣pose. The present case was yet clearer, where the Alien had Authority from his Native Kingdom, and was commanded by them to make use of English help: so that though Langdale's assisting the Duke did make himself a Traytor, yet the Duke's accepting of it only infers an Act of Hostility. And whereas it was objected, that the Parliament had al∣ready by their Act which constituted this Court for his Trial, declared him a Traytor; it was not to be disputed what the Parliament had Pow∣er to do, but no Parliament had ever done the like before: and the meaning of the Act must be, that he should be tried whether guilty of Treason or not, since if the Parliament have already declared him a Traytor, further Trial was needless. And it was clear, the Parliament by their Act in Iuly last, which declared all the Scots who entred Eng∣land, Enemies, considered not the distinction of Post-nati, nor judged that inferred Treason, since most of them all were Post-nati; That many of the Officers of that Army, who had been taken Prisoners, though clearly Post-nati, were ransomed, others banished, others still in Prison; why then should the imputation of Treason be fastned on the Duke when the rest were used only as Enemies?

And for the Articles they made it appear, they were the Publick Faith of the Kingdom, when given by persons publickly Authorized, upon the observing of which inviolably, depended the whole Inter∣course of all Nations, and their mutual Confidence, which is founded on all States being bound by the Acts of their Publick Ministers; That this was not a pure Rendition, but a Paction concluded upon Delibera∣tion, wherein the Parliament lost nothing, but on the contrary were Gainers; That the Parliament had ratified this upon the matter, by Vot∣ing a hundred thousand pound Sterling Fine to be the price of the Dukes Liberty; That the secret sence the Treaters pretended was not to be considered; since all Compacts are to be understood according to the clear meaning of the Words, & the universal sense of Mankind, who look on Articles wherein Life is granted as a sufficient Security, not only from the Souldiers, but from the Civil Powers; and that these Treaters, when the Articles were agreed, should have made known their secret mean∣ing, otherwise it was not to be regarded: and it was a most dangerous Precedent to admit of collateral Averments of secret meanings a∣gainst express words, much more in a Case of Life, and yet much more in Military Agreements, wherein the Concernments of Armies and Na∣tions were included, and which concerned the Honour and Security of all Souldiers; and for this divers Precedents were cited. The Argu∣ment ended thus; That as the Court consisted of Gentlemen & Lawyers, and of Martial men; so the Plea consisting of three Branches, was the more proper for their cognizance, a part of it being drawn from the Law of England, another part from the Civil Law, and a Third part from the Martial Law: and if the Plea, in any of the three Branches, was made good (and they doubted not but it would be found so in them all) the Court would be satisfied, there was Reason & Justice for preserving the Dukes life.

* 1.21The Court adjourned till Friday the second of March, and the Duke being again brought to the Bar, the Counsel for the People pleaded, but so poorly that all who heard them were asham'd: But they had one advantage, that neither the Duke nor his Counsel were allowed to speak after them, nor to discover their impertinent Allegations, which made the Dukes Counsel obviate all they could imagine they might say, though they said a great deal so far out of the way of Reason, that none could have thought of it; and yet it was so weak that it needed neither be obviated, nor replied to.

Yet at the end of every Branch of their Pleading, I shall add the An∣swers against them, as they are set down in some Notes taken by the Dukes Counsel.

* 1.22They begun with Alienage, and studied to make it appear, that though he was a Scotchman born, yet he was no Alien, having enjoyed all the Priviledges an Englishman was capable of, as being a Peer, a Privy-Councellour, possessing Lands and Inheritances, and Marrying in England. But Naturalization cannot be but by Act of Parliament, and not by the Kings single Deed; much less by those Priviledges of which any Stranger might participate.

Next they urged his Fathers Naturalization, and since his Name was not in that Act, as was in other Acts of Naturalization, that proved him to be no Alien, otherwise his Name had been put in. From that it rather appeared he was an Alien, since others found it necessary to insert their Childrens Names, which his Father not doing, proves the Son an Alien still.

They also urged his being Post-natus, which must be held true, since he brought no Evidence to the contrary; and it being so, his Tie of subjection was as great in England as in Scotland: That Al∣legeance was only due to the King, and not to the Kingdom: That there was a King when he entred into England, and that though he was secluded from the Government, yet all Writs were issued in his Name, so that this Expedition was a breach of the Allegeance he owed the King. This was the oddest part of all their Plea, since his Charge was, that he assisted the King against the Kingdom; and now they did plead he owed no Allegeance to the Kingdom, but to the King, whom they had so lately murdered, the Dukes coming with his Army being only to relieve him from the Barbarous Vsage he had met with.

They also urged at large, That an Englishman's Children in what place of the World soever they were born, were Denizens of England, and cited many Precedents. But the Mis-application of them was gross and palpable, those being of Persons who were Englishmen before their Chil∣dren were born, whereas the Duke's Father was naturalized after he was born: so that he could not communicate that Priviledge to him, which he did indeed transmit to his Children born after his Naturalization.

Next, they pleaded, that the Parliament of Scotland had no power to commissionate him to enter into England, and that if some of them were there, they ought likewise to suffer for it, and it was fit he suffered for his Masters, who employed him; That it was pitty the King had not suffered sooner. They also produced many Precedents of Stran∣gers being condemned as guilty of Treason, for Treasons committed in England, as the Queen of Scots, Lopez, Perkin Warbeck, the Lord Harris, Shirley the Frenchman, and the Spanish Ambassadour. All this was obviated in the former Argument, where distinction was made betwixt secret Practices, and an open Invasion with a forreign Force. They added, That Scotland belonged to the Crown of England, and so was to be look't on as some of the Counties of England. But Scotland had no subjection to the Crown, but only to the King of England, whom they had murdered, and so they had no Power to judge any Scotchman.

As for the Articles, they pleaded it was not in the Power of the Army to absolve any from the Justice of the Parliament, which being above them, was not tied to their Articles: and therefore, though they confessed the words ought to have been less ambiguous, yet they said, the Exposition of those who Signed them was to be admitted, since every man was to be the Expounder of his own words; and pleaded some Precedents about the Exposition of ambiguous words. But the words here were plain and not ambiguous, only a treacherous Equivocation was in∣vented to break them.

Cook by a strange subtilty said, The Articles only secured his Life during Imprisonment, so that his breaking of Prison, and being re∣taken, put an end to the Obligation of the Articles: Though he broke not not Prison, but went out at Door and Gate, which was no Crime.

Thus did the Counsel of the People plead against him, to the con∣viction of all who looked on, that they thirsted for his Blood, and were only seeking colours of Justice for it: which yet were so slight that they could serve for no Disguise, but only to abuse those who were blinded with Prejudice.

The Court adjourned to Tuesday being the sixth of March: And then the Duke was brought to the Bar, and the Judges sate in Scarlet; they rejected the Dukes Plea in all its Branches,* 1.23 and found him guilty of the Charge whereof he was indicted. But before Sentence, Bradshaw the President resumed all, and spoke long for aggravating of every particular, justifying every thing their Counsel had pleaded, as if it had been all both good Law and good Reason: then he caused read the Earl of Essex his Commission, to shew how little Power was given him: (But spoke nothing of Fairfax or Lambert their Commissions, which had been more pertinent, but the reason was they were, ampler; and yet the Parliament had never refused to ratifie any Articles Essex gave.) He con∣fessed the Dukes Articles were fuller than any others, therefore he would insist the more to invalidate them. He said, It was true, if there had been a War proclaimed, and prosecuted betwixt a Forreign Nation and Enemy, and England, then by the Law of Nations, to which their Law was consonant, Articles signed by the Commissioners of both Parties should have been kept inviolable: but the Prisoner was no Enemy, for when the ordinary Course of Justice was obstructed by the late Kings prevailing Party, so that neither Constables nor She∣riffs, nor other Civil Officers, could lay hold on such Delinquents as he was, or bring them to Punishment, the Parliament was forced to raise an Army, Commissionating their Generals to bring such to con∣dign Punishment. This being the end and substance of their Commis∣sion, it was not in their Power, who were but the Sword of Justice in the Parliaments hand, to give Articles for securing any from the Justice of the Parliament, since it was never intended their Acts should limit that Power that gave bounds to them. He added also, that the Court was fully satisfied, that the Duke was naturalized. The Pre∣sident laid out also the Case of the other Prisoners then at the Bar, and spoke many hours; at last Sentence was given against them all, That their Heads should be severed from their Bodies on Friday next being the ninth Instant: yet it was remitted to the Parliaments Considerati∣on, what Mercy should be shewed to any of them, and so the Duke was carried back.

The rest of that day, and the next day, the Duke was earnestly so∣licited to preserve himself by making Discoveries. And Mr. Peters who appeared concerned for him during his Tryal, did now insinuate himself on him to draw somewhat from him: but all was in vain, there being no choice to be made betwixt a Glorious Death, and an Infamous Life.

On the Eighth of that Month, it being put to the Vote of the House, whether he should be Reprieved or not, it was carried in the Negative.

* 1.24That day the Duke spent in fitting himself for Death by Prayers and Spiritual Conferences, and that he might discharge himself of all world∣ly Cares, he wrote the following Letter to his Brother.

Dear Brother,

SInce it hath pleased God so to dispose of me,* 2.1 that I am to be in this World but a few hours, you cannot expect that I can say much to you; nor in∣deed is it necessary, for I know you will do undesired (as far as is in your Power) what I now briefly mention. First, That you will be a Father to my poor Children, and that they be not forced to marry against their Wills. The Debts I owe are great, and some Friends are bound for them; but the Estate I leave you is such as will satisfie what I owe, and free my Cautioners from Ruin. You are Iust, and I doubt not of your performing this. I can∣not forget to recommend my faithful Servants to you, who have never had any thing from me, in particular, Cole, Lewis, and James Hamilton. I have given something to them during their Lives, which I hope you will see payed to them. I shall say no more, but the Lord of his Mercy preserve you, and give you Grace to apply your self aright to him, in whom there is only fulness of Ioy. Dote not upon the World; all is but vanity and vexation of spirit: grieve not for what is befallen me, for it is by the appointment of him that rules in Earth and Heaven: thither the Lord Iesus be pleased to carry the sinful Soul of

Your most loving Brother, HAMILTON.

March 8^th, 1649.

At night, the Duke, the Earl of Norwich, the Lord Capel, and Sir Iohn Owen, were all brought to one Room, where they lay all night: it was very late before they went to Bed, every one having his Friends to wait on him. The Duke's Servants ask'd leave to stay all night in the next Room, and it was granted, the Duke ordered Mr. Cole to come to him about three a clock in the morning, which he did; but he with the rest were all fast asleep, and Mr. Cole returning after half an hour found him awake. He made him sit down, and gave him many Directions to be carried to his Brother, with an extraordinary composure, as Mr. Cole vouched to the Writer. About five a clock all of them were ready, and spent the time very devoutly, in secret Prayers and pious Conferences, and other holy Exercises, all of them expressing great Joy in their present Condition, and absolute Submission to the Will of God. The Duke expressed his more particularly in the fol∣lowing Letter he wrote to his Daughters.

My most dear Children,

IT hath pleased God so to dispose of me, as I am immediately to part with this miserable Life for a better;* 3.1 so that I cannot take that care of you which I both ought and would, if it had pleased my Gracious Creator to have given me longer days: but his will be done, and I with alacrity submit to it, desiring you to do so, and that above all things you apply your Hearts to seek him, to fear, serve, and love him, and then doubt not but he will be a loving Father to you while you are on Earth, and thereafter Crown you with

eternal Happiness. Time will permit me to say no more, so the Lord bless, guide, and preserve you, which is the Prayer of

Your most loving Father, HAMILTON.

St. James's 9^th March 1649.

Let this remember me to my dear Sisters, Brothers, and other Friends, for it is all I write.

He did also apprehend, that they might either be hindred to speak their Consciences freely on the Scaffold, or that the noise and disor∣der there might make him be ill-heard, or perhaps occasion disorder from the Souldiers, which might provoke Passion or Discomposure; and therefore delivered the following Speech before all in the Room, which his Brother published from the Original he sent him.

I Know you that are here to be true and faithful to me, I will therefore in your hearing say somewhat in order to my self,* 3.2 and to my present Condition, and give you also this Copy of it, which after I am gone may perhaps be thought necessary to be published, as the last Testimony of my Loyalty to my King, for whom I now die, and of my Affection to my Country, for the pursuance of whose pi∣ous and loyal Commands I am now to suffer.

That my Religion hath always been and still is Orthodox, I am confident no man doubts; I shall not therefore need to say much to that particular, only that I am of the true Reformed Protestant Religion, as it is professed in the Church of Scotland.

I take God to witness, that I have been constantly a loyal and faithful Subject and Servant to his late Majesty, (in spight of all Malice and Calumny:) I have had the honour, since my Child-hood to attend and be near him, till now of late: and during all that time I observed in him as eminent Virtues, and as little Vice, as in any man I ever knew; and I dare say he never harboured thought of countenancing Popery in any of his Dominions, otherwise than was allowed by the Laws of England, and that among all his Subjects there could not be found a better Protestant than himself; and sure∣ly also he was free from having any intent to exercise any Tyranny or Absolute Power over his Subjects: and that he hath been so un∣fortunate, I rather impute the Cause of it to the sins of his People than to his own.

For my own part, I do protest never to have swerved from that true Allegeance which was due to him, and that hath constantly been payed (to my Comfort I speak it) to his Progenitors by my Ancestors, for many Ages, without spot or dishonour, and I hope shall be still by my Successors to his Posterity.

I do heartily wish well to and pray for his Royal Issue, and shall die a true and loyal Subject to his eldest Son Charles the Second, the unquestionable King by right of all his Father's Kingdoms. I hope (though I do not live to see it) that God's Justice and Goodness will in his own time establish him on the Throne of his Father, which I doubt not some of you will see come to pass; and I am confident,

till then, and so long as men deeply plung'd in Guilt and Self-interest usurp Power and Government, these Kingdoms will fall short either of Peace, or any other permanent Happiness.

I speak this from my just Affection to the Royal Race, and much Compassion to his Majesties Subjects; but not from any Malice, An∣ger, or desire of Revenge, against any, for what I have, or am to suffer; for I forgive all men.

It is well known what Calumnies and Aspersions have been thrown upon me, by men of several Parties and Interests, not excepting those who would seem to carry much Affection to his late Majesty, as if I had expressed Disservice or Disloyalty unto him; the which how malicious and groundless they were, I appeal to God, who with my own Conscience clearly beareth witness of my Innocency therein; and I shall beg Mercy from him, to whom I am now to give an account of all my Thoughts and Actions, as I have still had a faithful and loyal Heart to my Master.

It hath been a General Complaint, that I perswaded His Majesty to pass the Act of continuing this Parliament. I dispute not, whether the doing of it at that time might have been reputed good or bad, but surely it was not I that did perswade it.

Neither did I at all deal with His Majesty for his Consent to the Bill of Attainder for taking away the Life of the Earl of Strafford, whose great Parts and Affection, 'tis known I highly valued: yet some have been pleased to attribute to me the cause of that Concessi∣on; but were His Majesty now living, I am confident he would pub∣lickly clear me in both these, as He hath been pleased many times in private formerly to do.

And truly I am not conscious to my self (though I have been for many years a Privy-Councellour to him) of ever giving him any Ad∣vice that tended to other ends (as I conceived) than the Good and Peace of His Majesty and His Dominions.

It hath been rumoured since my last Imprisonment, that I should confess my self to be the greatest Instrument under His Majesty (by making use of his Scotish Great Seal) for authorizing the War in Ireland: a Report so false and simple, as in my opinion judicious and honest men will not believe it. And truly as I am free from having hand therein in any manner of way, so I am of nothing more confi∣dent, than that His Majesty was also absolutely free thereof, and that he was not in any case a Causer or Countenancer of those Irish Troubles.

I have been often examined touching Persons of several qualities within this Kingdom, that (as is supposed) did invite into England the late Army from Scotland, or promised Assistance after their com∣ing; and of late much Perswasion hath been used with me to that purpose, as that upon my Discovery thereof depended the only means of my Preservation. I will not say that I had any thing to reveal which would have been satisfactory, but this I desire you to attest to the World, that I have not accused or said any thing that may reflect on any man, of what degree soever, within the Kings Dominions: and indeed it was so contrary to my Conscience, and so deroga∣tory to my Honour, that if I had been able, yet should I never have prejudiced any in that nature, though it had been to save me a hundred Lives.

Touching that foul and senseless Slander, that I betray'd the Ar∣my under my Conduct, the care and pains I then took to prevent the loss of it, and the near approach of my suffering for it, will, I suppose, abundantly contradict this Aspersion. I was satisfied with the Justness and Necessity of that Engagement, upon the grounds of the Declaration of the Parliament of Scotland, fearing then the sad Confusions which have since followed here, both in Church and State; and particularly the fatal Fall of my Master, to the Preserva∣tion of whose Person I was by Obligation, and Natural Affections as passionately tied, as I could be by Duty and Allegeance.

And now I confess, I am void of all rancour or displeasure against any, though I am within few hours to die, adjudged by a lawless and arbitrary Court, of purpose erected (as is said) to destroy my Master and some of his Servants, and for a great pa••t composed of men Mechanick, and unfit to be Judges, my Death being decree'd (right or wrong) as is reported, before ever the Trial begun. And though my Death is no less than Murder, yet I forgive all, and pray to God to do it, and that my Blood be not laid to their Charge, or to some powerful and eminent mens, who, as is thought, upon some sinistrous Ends have many Months since contrived my Destruction, which now is ready to take effect.

And though I have answered to that Cou••t, in regard of the Just∣ness of my Defence, which I thought would have weighed with them: yet I never thought, nor do I acknowledge any Jurisdiction or lawful Authority in the same, notwithstanding I do with all Chri∣stian Humility submit to the Punishment, which for my other Perso∣nal Sins the Lord hath justly brought upon me.

I should have spoken more, yet would not have said so much, but for fear lest either my Memory might slip it on the Scaffold, or that the rudeness of some People, by noise or otherwise, might have in∣terrupted me speaking on this Subject. So I thank God I am well prepared. God bless you, remember me to all my Faiends.

I know I have been a great Sinner, yet through Faith I have an assurance, that God will forgive me, and have Mercy upon me, through the alone Suffering and Intercession of Jesus Christ my Sa∣viour. Amen.

About nine a clock the Officers called to them to prepare themselves to go: they were to be carried in Sedans, and great Guards of Horse and Foot to attend them to Sir Robert Cotton's House.* 3.3 But after the Duke had gone through two Rooms, he reflecting on the faithful Ser∣vices of Mr. Cole, and judging they deserved a more particular Re∣sentment than was in the Letter he had written to his Brother the day before, called for Pen, Ink, and Paper, and wrote the following Note to his Brother.

Brother,

THere is nothing more certain than that a faithful Servant is an humble Friend: this Bearer I have found such, and therefore recommend him to you in that quality. I need say no more for him, nor can I of worldly bu∣siness, being so near par••ing out of it; but as I have loved you all my life, so I do now at the end of it. The Lord of his mercy preserve you from dangers of Soul and Body.

Yours, H.

This will more clearly discover the serene and composed Temper he was then in, than can be done by any Testimony of Spectators, who could only see the out-side, which, as many of them have witnessed to the Writer, was very calm and resolute. When he came to Sir Robert Cotton's, three or four Officers were sent from Cromwel to him, desiring that he would discover what had been oft askt of him, and he should not only be preserved, but be made a Great man: but he re∣jected their Offers, with the same language he had formerly used on the like occasions; and said, if he had as many Lives as hairs in his Head, he would lay them all down rather than redeem them by so base means; which an Ear-witness vouched to the Writer. Then all went to Pray∣ers, and they had some excellent good Preachers waiting on them, and praying with them. Some Wine was brought, and they all drunk one to another, and did embrace and kiss each other with much ten∣derness.

The Duke was first led away to the Scaffold: on the way other Of∣ficers came from Cromwel,* 4.1 renewing the former Offers if he would make Discoveries; but all to no purpose, he rejecting them with scorn. Those many Offers as they were great temptations, which would have shaken any man whose Soul was not fully at Peace with God, and well∣prepared for Death; so they discovered the baseness of those mens De∣signs. But as malice did ever pursue the Duke with the unjustest Slan∣ders, so his Enemies, hearing that Messengers came often to him, did strangely misrepresent it, as if he had been even then in some Treaty for his Life. Being come to the Scaffold, the Earl of Denbigh de∣sired to speak with one of his Servants, and Mr. Lewis was sent to him: the Duke asked Mr. Cole what might the matter be, who answer∣ed, he judged it was to know what Order he had given about his Children; the Duke answered, he might satisfie him if that were the matter.

The Duke was during his stay at St. Iames's visited sometimes by Do∣ctor Sibbald.* 4.2 Him he chose now to accompany him in his last minutes, who encouraged him, to look to that fountain of the Blood of Christ in which he must be purged from all his Iniquities; the effusion whereof was for the Salvation of all, who by a true and lively Faith rested on him: he was the only Rock on which he was to build his Hopes, and though the waters of Jordan did run an impetuous Current, he was the Ark of the Covenant, that was to lead him through them to that sure Refuge, against which neither the Powers on Earth, nor the Gates of Hell could prevail. He desired him, to lift up the eyes of firm Confidence to the Crucified Christ, and with St. Stephen to behold him sitting at his Father's right hand, ready to receive his Soul: ad∣ding, who would be in love with Life, if they could but before-hand consider what it would prove? all being a heap of Cares, Anxieties, and Miseries, with which every rank of Men, and state of Life was beset: it was there∣fore a Happiness to be with much Ioy welcomed, when we found a quick and easie Passage for escaping these swelling Billows, and getting into that blessed harbour of eternal Happiness. We must pass through a Sea, but a Sea of our Saviour's Blood, in which never any Shipwrackt; and through which we are carried by the soft winds of the Divine Spirit, which can scatter all contrary blasts.

When the Doctor had thus ended his Discourse, the Duke per∣ceiving a greater silence than he expected, though he had resolved to make no Publick Speech, and therefore had, as was already told, ex∣pressed himself in private; yet being invited by the Attention he ob∣served, he spoke to the People: but as he had not premeditated it, so no Copy of it remains, except what was printed from the Notes of the Hearers, and therefore I shall only set down the Heads of it.

He addressed himself to the Sheriff,* 4.3 and told him, he judged it not very necessary for him to speak much, his Voice was so weak and low, that few of the crowd that looked on could hear him; nor was he ever so much in love with speaking, or with any thing he had to say, that he took much delight in it: yet since this was his Last, he being by the Divine Providence of Almighty God brought justly to that End for his Sins, he would speak a little to the Sheriff, for his Voice could not reach others. He was now to suffer as a Traytor to the Kingdom of England, a Country which he had ever loved equally with his own, not having intended either any gene∣ral Prejudice to it, or to any particular Person in it: his late Act∣ings were the Commands of his own Country, which he could not disobey. It is true, it had pleased God so to dispose of the Army un∣der his Command that it was ruined, and he for being cloathed with a Commission to be General stood now ready to dye. He would not repeat what he had pleaded for his own Defence, God was just; nor would he say any thing of his Sentence, but that he did willingly submit to Gods Providence, acknowledging that on many accounts he deserved Punishment in this Life as well as in the next, for he con∣fessed himself a great Sinner: yet for his Comfort he knew there was a God in Heaven who was very merciful, and that his Redeemer did sit at his right Hand; and he was confident that he was media∣ting for him at that very instant, being hopeful through his All suffi∣cient Merits to be pardoned all his Sins, and to be received into his Mercy, trusting only to the Free Grace of God through Jesus Christ. He declared he had never been tainted in the Religion professed and established in the Land, in which he had been bred from his Infancy: it was not this nor that mode or fancy of Religion that was to be built on, but one that was right, and sure, and came from God.

Here he observed some taking Notes, and upon that said, he had not ex∣pected that, else he had digested what he had said into a better Method: but desired that what he had said might not be published to his disadvantage, since he had not intended to speak any thing when he came to that place. Then he went on, and said,

Many dreadful Aspersions had been cast on him, as if his Intentions had not been such as he pretended; but he thanked God, he was unjustly blamed: That for the King, he had ever loved him, both as he was his King, and his Master, with whom he had been bred many years, and had been his domestick Servant; and that there was nothing the Parliament of Scotland declared for the King, that was not really intended by himself: and as he ha∣zarded his Life for him one way, so he now was to lose it ano∣ther; and that his Design of leading in the Army to England was really that which was published in the Declaration, in so far as concerned the King: he was not then to speak of the rest of the Declaration, which had many other particulars in it. And for

what he said of his Duty to the King there was no reason to suspect him of Flattery, or any other end in saying it, (God having now so disposed of His Majesty) but though he could gain nothing by it, yet he owed the freeing himself of that Calumny to Truth, by which all men shall gain for ever. There had been many Discourses founded on a part of the Scotish Declaration, which mentioned an Invitation to come to England, upon which he had been much la∣boured for discovering the Inviters; but he had, and did still re∣mit himself to the Declaration, without any other Answer. He was ever willing to serve this Nation in any thing was in his Power, which was known to many worthy Persons in it; and he would still have continued in those Resolutions, had those in whose hands the Power was then, thought fit to have preserved his Life. But since he was to be thence-forth of no more use, all he could do was, to wish the Kingdom Happiness and Peace, and to pray that his Blood might be the last should be shed: and though perhaps he had some reluctancy within himself at his Suffering for this Fact, yet he freely forgave all men, and carried no rancour with him to the Grave; but did submit to the Will of him who created Heaven and Earth, and himself a poor sinful Creature then speaking before him. He conceived it could contribute to no end for him to speak of State-business, of the Government of the Kingdom, or things of that nature; his own Inclinations had been still for Peace, he was ne∣ver an ill Instrument betwixt the King and his People, nor had he acted to the prejudice of the Parliament. And as he had not med∣dled much in those Wars, so he was never wanting in his Pray∣ers to Almighty God for his King's Happiness: and he earnestly prayed God, to direct his Majesty (that now Reigns) that he might do what should tend to his Glory, and the Peace and Happiness of the Kingdoms. He said he was of the Established Religion, which he had professed in his own Country where he was born and bred: but for particular opinions he was not rigid, he knew many godly men had scruples about divers things, wherein he had never concerned himself; nor did Difference of opinion (which was ne∣ver more than at that time) move him, his own was clear. He pray∣ed the Lord to forgive him his Sins, as he freely forgave even those against whom he had the greatest grounds of Animo∣sity, remembring that Prayer, Forgive us our Trespasses, as we for∣give them that trespass against us.

And to this purpose he spoke, if the Writers did him right in what was published in his Name: but how true the printed Papers were, the Writer is not able to judge, for he has three printed Relations of it before him, all varying some∣what one from another. As he expressed himself thus, he discovered a great composure by his Looks and manner of Expression; and when he was desired to change the Posture he stood in, since the Sun shined full in his Face, he answered pleasantly,

No, it would not burn it, and he hoped to see a brighter Sun than that very speedily.

After the Duke had done speaking, he called for the Executioner, and desired to know how he should fit his Body for the Blow, and told him his Servants would give him satisfaction. Then he cal∣led to his Servants, and commanded them to remember him kindly to divers of his Friends in England, particularly to his Mother-in-law

the Countess of Denbigh, to whom he had ever payed a Filial respect, and to the old Countess of Devonshire, who as the lived to a great Age, and to the Honour of her Nation, so was on all occasions a con∣stant and true Friend to him. He bade tell her, she would no more question his Loyalty, (which she had done sometimes in raillery) since he was now to seal it with his Blood; then he kneeled down, and prayed in these words.

* 4.4MOst blessed Lord, I thy poor, and most unworthy Servant come unto thee, presuming in thy infinite Mercy, and the Merits of Iesus Christ who sits upon thy Throne; I come flying from that of Iustice to that of Mercy and Tenderness, for his sake who shed his Blood for Sinners, that he would take Compassion upon me, that he would look upon me as one that gra∣ciously hears me, that he would look upon me as one that hath Redeemed me, that he would look upon me as one that hath shed his Blood for me, that he would look upon me as one who now calls and hopes to be saved by his all-sufficient Merits: for his sake, Glorious God, have Compassion upon me in the freeness of thy infinite Mercy, that when this sinful Soul of mine shall depart out of this frail Carcase of Clay, I may be carried unto thy everlasting Glory. O Lord, by thy free Grace, and out of thy infi∣nite Mercy, hear me, and look down, and have Compassion upon me; and thou Lord Iesus, thou my Lord, thou my God, and thou my Redeemer, hear me; take pity upon me, O Glorious God, and so deal with my Soul, that by thy precious Merits I may attain to thy Ioy and bliss: O Lord, remember me so miserable and sinful a Creature. Now, thou O Lord, thou O Lord who died for me, receive me, receive me into thy own bound of Mer∣cy. O Lord, I trust in thee, suffer me not now to be confounded. Sa∣tan hath too long had possession of this Soul, O let him not now prevail against it; but let me, O Lord, from hence-forth dwell with thee for ever∣more. Now, O Lord, it is thy time to hear me, hear me, Gracious Iesus, even for thine own Goodness, Mercy, and Truth. O Glorious God, O blessed Father, O holy Redeemer, O Gracious Comforter, O holy and blessed Trinity, I do render up my Soul into thy hands, and commit it to the Me∣diation of my Redeemer, praising thee for all thy Dispensations, that it hath pleased thee to confer upon me; and even for this, Praise and Honour, and Thanks, be to thee from this time forth and for evermore.

* 4.5After this, Doctor Sibbald entertained him with some pious Discour∣ses, and then the Duke prayed a short Prayer by himself. After which, he with a cheerful and smiling Countenance imbraced the Doctor, and said, Truly, I bless God I do not fear, I have an assurance that is grounded here (laying his hand on his Heart) that gives me more true Ioy than ever I had: I pass out of a miserable World to go to an eternal and glorious Kingdom, and though I have been a most sinful Creature, yet I know Gods Mercy is infinite; and I bless my God I go with so clear a Conscience, that I know not the man I have personally injured. Then em∣bracing his Servants that were there present, he said to every one of them, you have been very faithful to me, the Lord bless you. He turned next to the Executioner, and after he had observed how he should lay his Body, he told him he was to say a short Prayer to his God, while he lay all along, and should give a Sign by stretching out his right Hand, and then he was to do his Duty, whom he freely forgave, as he did all the World. And then he stretched himself out on the Ground,

and having placed his Head aright, he lay a little while praying with great appearance of Devotion within himself, and then gave the Sign; upon which the Executioner at one blow severed his Head from his Body, which was received in a Crimson-taffety skarf, by two of his Servants kneeling by him, and was together with his Body immediate∣ly put in a Coffin, which was ready on the Scaffold, and from thence conveyed to a House in the Mews; from whence it was, accor∣ding to the Orders he had given, sent down by Sea to Scotland, and interred in the Burial-place of his Family, where it lies in the hopes of a Blessed Resurrection to eternal Life.

Notes

• * 1.1

  An. 1649.
• * 1.2

  The Duke makes an E∣scape from Windsor,
• * 1.3

  but is re-ta∣ken in South∣wark,
• * 1.4

  and is kept in St. Iames's.
• * 1.5

  These who had the power in Scot∣land refuse to move for him.
• * 1.6

  The Charge given against him.
• * 1.7

  The Dukes Plea.
• * 1.8

  The Second Appearance.
• * 1.9

  The Third Appearance.
• * 1.10

  The Fourth Appearance.
• * 1.11

  The Fifth Ap∣pearance.
• * 1.12

  Witnesses ex∣amined.
• * 1.13

  The Duke is falsly accused by the Go∣vernour of Windsor-Castle.
• * 1.14

  The Duke pleads for himself from the Articles granted him.
• * 1.15

  The sixth Appearance.
• * 1.16

  The seventh Appearance.
• * 1.17

  The ei••ht Appearance.
• * 1.18

  The Duke pleads large∣ly for himself.
• * 1.19

  The ninth Appearance.
• * 1.20

  The Duke's Counsel at Law plead for him.
• * 1.21

  The Tenth Appearance.
• * 1.22

  The Counsel for the Peo∣ple plead a∣gainst the Duke.
• * 1.23

  The last Ap∣pearance, in which Sen∣tence was gi∣ven.
• * 1.24

  The Duke prepares for Death.
• * 2.1

  and writes to his Brother,
• * 3.1

  and to his Children.
• * 3.2

  His Speech before his Death.
• * 3.3

  The Duke is led out to the Execution.
• * 4.1

  Continued of∣fers of Life if he would make Discove∣ries, but they are rejected.
• * 4.2

  Doctor Sib∣bald encoura∣ges the Duke on the Scaf∣fold.
• * 4.3

  The Duke's last Speech.
• * 4.4

  His Prayer.
• * 4.5

  His Death and Burial.