Calander being gone, there was an absolute necessitie imposed on the Duke to capitulate with the Governor of Stafford, who had about 3000 of the countrey militia with him, with which we were surrounded. Sir James Foullis of Colinton, Colonell Lockheart and myselfe are namd and commissionated by my Lord Duke to treate. We met with the governour and some of the principall gentlemen, three miles from Uxeter, at a very pleasant house in Staffordshire, where, as they had told us, Mary Queene of Scots had been long keepd prisoner. This with superstitious people wold have lookd ominous for us, who were of that nation. In our treatie, we found them very civill and rationall, and so much friends to Monarchie, that we had reason to expect no bad conditions from them. Bot Fortune had not yet made peace with us. We are interrupted by a messenger sent by Lambert, to acquaint both them and us that he was comd within tuo miles of that place, and that, if we wold treate, it must be with him. These were no good news, yet we presentlie horsd and went to him. We found him very discreet, and his expressions civill enough. He appointed three principall officers to treate with us, wherof Lieutenant Generall Lilburn was one. After much discourse, they offerd to us, if we wold redeliver Berwick and Carlile to the English Parliament, we sould be permitted to goe; nay, we sould be convoyd backe to Scotlande. We told them we had no pouer in our commission to speake of these townes; and so other articles were agreed on by us, bot not signd till I sould goe first to the Duke and show him, if he wold surrender these tuo touns, he and all with him sould have their libertie; if not, we were by the articles all prisoners. He absolutlie refusd to ingadge for the deliverie of these places, as a thing he said was not in his pouer; justlie suspecting the Deputie Governors of the touns wold not obey his orders in the condition he was; and so with many sorrowfull expressions dismissd me. Upon the way, as I returned, I met Lambert, with some troops, who told me he was goeing to save my Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter on the other side of the toune, which I knew before I came from the Duke to be true. He desird me, by all meanes to hast the signing of the articles, which he promisd to ratifie. At my return I told my comerads what reason we had to make haste; and haveing reported the Dukes answer to the English officers, we all immediatlie signd the articles, which, indeed, if they had been malitious, they might have wavd; for whill we were about it, one Major Gib, ane officer of our oune, came very unmannerlie into the roome, belching out his folly in these words: “Gentlemen, what doe ye dooe? The Duke and all who are with him are my Lord Greys prisoners.” Yet the commissioners signed for all that; and indeed my Lord Duke was by that time prisoner, bot Lambert tooke the protection of him; for our agreement was ratified by him, and by the Duke too, for he was not to be esteemed a prisoner, because taken in the time of a cessation and treatie, against custome of warre. Our first article was for the Duke, that he sould onlie be a prisoner of warre, nor sould his life ever be questiond or in danger. He sould keep his George; sixe of his servants, such as he sould choose, sould be permitted to attend him, and sixe of his best horses likewise; that in his prison accesse of all persons to him sould be allowd:—conditions good enough, but very ill keepd. The summe of the rest of the articles was this: That all of us, both officers and sojors, sould be prisoners of warre, bot civillie used, till we could procure our libertie by exchange or ransome; that all of us sould keepe the cloths we had on us, and all the gold and money we had about us, all other baggage, armes, and horses, sould be bootie and prise to the victor. We three who had capitulated, were orderd to be carried to Stafford, where Middletone was. The Captain who conducted us thither got our horses and armes. As we rode thorough Uxeter, we made a stand at the window of the Dukes chamber; and he looking out, we tooke our eternall farewell of him, with sad hearts parting from him we were never to see againe. He spoke kindlie to us and so we left him to act the last and worst part of his tragedie.
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What was intended for the Kings reliefe and restoration posted him to the grave. His sad imprisonment calld for assistance from all his loyall subjects, which as a duetie the laws both of God and man seamd to impose on them. Our hopes of success were great, grounded on the equitie of our just undertakeing, the prevailing of the royall partie in Ireland, the returne of most of the navie to their duetie and obedience, under the then Prince of Wales, now King; the numerous and loyall riseings of many shires in England and Wales, against that usurped pouer which keepd his Majestie in restraint, and upon our oune strength; for our armie was intended to have beene tuentie thousand foot, and sixe thousand horse and dragoons. Bot we never amounted to fourteene thousand in all. These were honnest and fair motives for that loyall and well intended engadgment of ours; bot,
Ludit in humanis divina potentia rebus.
[The foregoing narrative of the Duke of Hamilton’s luckless expedition in furtherance of the engagement, is the best written account of it that we have anywhere seen; and it bears internal evidence of fidelity. It is copied from the only edition of it ever printed—viz. by the Bannatyne Club in 1829.]
1649.—Friday, January 19.
7. Trial of King Charles the First.[422]
Commissioners present at Westminster-Hall, January 20, 1648-9.
John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John Bourchier Knight, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey, John Huson, William Goffe, Cornelius Holland, John Carew, John Jones, Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John More, William Say, John Alured, Francis Lassells, Henry Smith, James Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley, Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple, Peter Temple, Daniel Balgrave, John Browne.
This done, the Court commanded the Serjeant at Arms to send for the Prisoner, and thereupon Col. Thomlinson, who had the Charge of the Prisoner, within a quarter of an hours space brought him, attended by Col. Hacker, and 32 Officers with Partizans, guarding him to the Court, his own Servants immediatly attending him. Being thus brought up