With Lord Lauderdale, Lord Derby took his way back to the North, his noble heart well-nigh broken, and his body weak and torn with wounds. At Wigan his course was stopped by a detachment of the victorious Parliamentarians, under Major Edge. The Earl and his friends gave their names, and surrendered, under condition of receiving quarter. This was promised on condition of their yielding up arms, and considering themselves prisoners. Lord Lauderdale was conducted to another part of the country. Lord Derby was taken direct to Chester. Arrived there, he wrote a long letter to his wife, which he obtained leave to be transmitted to her by Mr Bagalay, a prisoner of war in the city—a long letter, full of solicitude for his wife and family, and for all in any way dependent on him. He tells her that though a prisoner in body, his heart is free and at peace, having “no other sadness in it than the regret at knowing her suffering and sorrow, and that of his poor children.” Colonel Duckenfield, he informs her, will proceed in the name of Parliament to take possession of the Isle of Man. Once more, not as from a prisoner, but as from one “whose soul is his own, as in his best days,” he will give her his advice how to receive Duckenfield, but that he will transmit by word of mouth to his trusty messenger.

“Take care of yourself, my dearest heart, and of my dear Mall and Ned and Billy. As to those who are here, I will give them the best advice I can. My son,[[22]] with his wife, and my nephew Stanley have been to see me.... I will only say now that my son shows me much affection, and that he is gone to London with an ardent desire to serve me.”

[22]. Lord Strange, now arrived in England.

That he hopes little from this filial devotion is evident. “The cold and the wind of the coming winter are more easy to be borne than the malicious attacks of a venomous serpent, or an obstinate and perfidious enemy.... May the Son of God, whose blood was shed for us, preserve our life, so that by God’s mercy and goodness we may see each other once again on this earth, and then in the kingdom of Heaven, where we shall be safe from rapine, theft, and violence!—I remain ever your faithful

“Derby.”

There could be but little quarter for the noble prisoner. With the son of Bradshaw, Colonel Birch, and Colonel Rigby, the vanquished hero of Lathom House, among his judges, his doom was virtually pronounced.

When brought before the tribunal of these men and of one or two others, who from one cause or another were little inclined in his favour, and styling itself a court-martial, he was voted guilty of a breach of the Act passed 12th August 1651, which prohibited all correspondence with Charles Stuart or his party. Consequently he had committed high treason and sentence of death was pronounced. When he heard himself called traitor, he cried: “I am no traitor—I——” “Silence, sir,” said the President. “Your words are of no account. Hear the act of accusation to the end.”

Neither books nor counsel were allowed him, and he defended himself. This he did with skill, pleading in the first place that quarter had been promised. A show of consideration was vouchsafed to what he said; but, with casuistry which would have done credit to the Sorbonne, his representations were overruled, and his execution fixed for the 15th October at Bolton.

On Monday, 13th October, Mr Bagalay was permitted to wait upon him. “He discoursed his own commands to me. With many affectionate protestations of his honour and respect for my lady, both for her birth, and goodness as a wife, and much tenderness of his children.

“Then in came one Lieutenant Smith, a rude fellow, and with his hat on; he told my lord he came from Colonel Duckenfield, the Governor, to tell his lordship he must be ready for his journey to Bolton. The Earl replied, ‘When would you have me to go?’ ‘To-morrow about six in the morning,’ was the man’s answer. The Earl desired to be commended to the Governor, and for him to be informed by that time he would be ready. Then said Smith, ‘Does your lordship know any friend or servant that would do the thing your lordship knows of? It would be well if you had a friend.’ And the Earl replied, ‘What do you mean? Would you have me find one to cut off my head?’