Morris. By God and my Country. (After that, challenge is made for col. Morris to except against any of the jury.) [Mr. Brooke, a great man for the Cause, comes first returned, to be sworn as Foreman of the Jury.] Morris. My lords, I except against this Brooke. Court. Sir, he is sworn, and you speak too late. 6 liament's army into the other Northern counties, and that there should be risings in other parts of the kingdom' (which the general indisposition and discontent, besides some particular designs, made like to fall out) that then those gentlemen should endeavour the surprise of that castle, and after they had made themselves strong in it, and furnished it with provisions to endure some restraint, they should draw as good a body to them as those countries would yield:' and having thus adjusted that design, they settled such a way of correspondence with sir Marmaduke, that they frequently gave him an account, and received his directions for their proceeding. In this disposition they continued quiet, as they had always been; and the governor of the castle lived towards them with less jealousy, and more humanity, than he had been accustomed to. Morris. My lord, I appeal to himself, whether he be sworn or no. Brooke. Sir, I am not to answer you, but the Court. My lord, I did not kiss the book. Court. Sir, that is no matter, it's but a ce remony. Morris. My lords, I beseech your honours that I may except against him; I know him, as "well as I know my right hand, to be my enemy, ed the fairs and markets, and conversed with equal freedom with all his neighbours, of what party soever they had been, and renewed the friendship be had formerly held with some of those gentlemen who had served the king. But no friendship was so dear to him, as that of the governor of Pontfret castle, who loved him above all men, and delighted so much in his company, that he got him to be with him some times a week and more at a time in the castle, when they always lay together in one bed. He declared to one of those gentlemen, who were united together to make that attempt, that he would surprise that castle, whenever they should think the season ripe for it:' and that gentleman, who knew him very well, be lieved him so entirely, that he told his companions, that they should not trouble them'selves with contriving the means to surprise the place; which, by trusting too many, would be liable to discovery; but that be would take that charge upon himself, by a way they need not enquire into; which he 25sured them should not fail: and they all very willingly acquiesced in his undertaking; to which they knew well he was not inclined with 6 6 "There was one colonel Morrice, who, being a very young man, had, in the beginning of the war, been an officer in some regiments of the king's; and out of the folly and impatience of his youth, had quitted that service, and engaged himself in the parliament army with some circumstances not very commendable; and by the clearness of his courage, and plea-out good grounds. Morrice was more fresantuess of his humour, made himself not only very acceptable, but was preferred to the command of a colonel, and performed many notable services for them, being a stout and bold undertaker in attempts of the greatest danger; wherein he had usually success. After the new modelling of the army, and the introducing of a stricter discipline, his life of great licence kept not his reputation with the new officers: and being a free speaker and censurer of their affected behaviour, they left him out in their compounding their new army, but with many professions of kindness, and respect to his eminent courage, which they would find some occasion to imploy, and reward. He was a gentleman of a competent estate in those parts in Yorkshire; and as he had grown elder, he had heartily detested himself for having quitted the king's service, and had resolved to take some seasonable opportunity to wipe off that blemish by a service that would redeem him: and so was not troubled to be set aside by the new general, but betook himself to his estate; enjoyed his old humour, which was chearful and pleasant; and made himself most acceptable to those who were most trusted by the parlia ment; who thought that they had dismissed one of the best officers they had, and were sorry for it. "He now, as a country gentleman, frequent quently with the governor, who never though: 6 Clerk of Assize. Sir, he is recorded sworn, there is no disputing against the Record. Morris. My lords, I must subinit to your bonours. (After that col. Morris challenged 16 men, and my lord Puleston, thinking col. Morris tedious in excepting against so many, answered, Sir, Keep within your compass, or I all these men thus listed, were fellows very notorious for the bitterness and malice, which they had always against the king, not one of which he ever intended to make use of. "He made himself very familiar with all the soldiers in the castie, and used to play and drink with them; and when he lay there, would often rise in the night, and visit the guards; and by that means would sometimes make the governor dismiss, and discharge a soldier whom he did not like, under prétence that he found him always asleep,' or some other fault which was not to be examined; and then he would commend some other to him as very fit to be trusted and relied upon; and by this means he had very much power in the garrison. The governor received several letters from his friends in the parliament, and in the country, that he should take care of col. Morice, who resolved to betray him;' and informed him, that he had been in such and such company of men, who were generally esteemed most malignant, and had great intrigues with them;' all which was well known to the governor; for the other was never in any of that company, though with all the shew of secrecy, in the night, or in places remote from any house, but he always told the governor of it, and of many particular passages in those meetings; so that when these letters came to him, he shewed them still to the other; and then both of them laughed at the intelligence; after which Morrice frequently called for his horse, and went home to his house, telling his friend that though he had, he knew, no mistrust of his friendship, and ⚫ knew him too well to think him capable of ⚫ such baseness, yet he ought not for his own sake be thought to slight the information; which would make his friends the less careful of him that they had reason to give him warning of those meetings, which, if he had ⚫ not known himself, had been very worthy of his suspicion; therefore he would forbear coming to the castle again, till this jealousy of his friends should be over; who would know of this, and be satisfied with it and no power of the governor could prevail with him, at such times, to stay; but he would be goue, and stay away till he was, after some time, sent for again with great importunity, the governor desiring his counsel and assistance as much as his company. : will give you such a blow as will strike off your head.) Morris. My lords, I desire nothing but jus tice; for by the statute of 14 Hen. 7, fol. 19, I may lawfully challenge 35 men, without shewing any cause to the contrary. Court. It is granted. land, as if that army had been entering the kingdom, made the gentlemen who were engaged for this enterprise, imagine that they deferred it too long, and that though they had received no orders from sir Marmaduke Langdale, which they were to expect, yet they had been sent, and miscarried. Hereupon they called upon the gentleman who had undertaken, and he upon Morrice, for the execution of the design. The time agreed upon was such a night, when the surprisers were to be ready upon such a part of the wall, and to have ladders to mount in two places, where two soldiers were to be appointed for sentinels who were privy to the attempt. Morrice was in the castle, and in bed with the governor, and, according to his custom, rose about the hour he thought all would be ready. They without, made the sign agreed upon, and were answered by one of the centinels from the wall; upon which they run to both places where they were to mount their ladders. By some accident, the other sentinel who was designed, was not upon the other part of the wall; but when the ladder was mounted there, the sentinel called out; and finding that there were men under the wall, run towards the court of guard to call for help; which gave an alarm to the garrison: so that, for that time, the design was disappointed. But, shortly after, Morrice, and some of the same gentlemen, surprized the castle, under the disguise of country-men coming in with carts of provision; and presently seized on and mastered the main guard, and made way for their friends, horse and foot, to enter. Then two or three of them went to the governor's chamber, whom they found in his bed, and told him the Castle was surprized, and himself a prisoner.' He betook himself to his arms for his defence, but quickly found that his friend had betrayed it, and the other gentlemen appearing, of whom he had been before warned, his defence was to no purpose, yet he received some wounds. Morrice afterwards comforted him with assurance of good usage, and that he would procure his pardon from the king for his rebellion.' "They put the garrison in good order, and so many came to them from Yorkshire, Nottingham, and Lincoln, that they could not in a short time be restrained, and had leisure to fetch in all sorts of provisions for their support, and to make and renew such fortifications as "It fell out, as it usually doth in affairs of might be necessary for their defence. From that nature, when many men are engaged, that Nottingham there came sir John Digby, sir there is an impatience to execute what is pro- Hugh Cartwright, and a son and nephew of his, jected before the time be thoroughly ripe. who had been good officers in the army, with The business of the fleet, and in Kent, and many soldiers who had been under their comother places, and the daily alarms from Scot-mand; many other gentlemen of the three After a full Jury, the Indictment read, and Evidence for the State very full, that col. Morris was Governor of Pontefract; which, Morris being very modest and civil, did not contradict any thing, until his time of answer. counties were present, and deserve to have their names recorded, since it was an action throughout of great courage and conduct. "Cromwell's marching towards the Scots with the neglect of these men after their first appearance, and only appointing some county troops to inclose them from increasing their strength, gave them great opportunity to grow; so that driving those troops to a greater distance, they drew contribution from all the parts about them, and made incursions much farther, and rendered themselves so terrible, that, as was said before, after the Scotish defeat, those of Yorkshire sent very earnestly to Cromwell, that he would make it the busi'ness of his army to reduce Pontfret.' But he, resolving upon his Scotish expedition, thought it enough to send Rainsborough to perform that service, with a regiment of horse, and one or two of foot, belonging to the army; which, with a conjunction of the country forces under the same command, he doubted not would be sufficient to perform a greater work. As soon as the castle had been reduced, they who were possessed of it were very willing to be under the command of Morrice; who declared he would not accept the charge, nor be governor of the place, knowing well what jealousies he might be liable to, at least upon any change of fortune, but under the direction of sir John Digby; who was colonel general of those parts, and was a man rather cordial in the service, than equal to the cominand; which made him refer all things still to the counsel, and conduct of those officers who were under him; by whose activity, as much was done as could be expected from such a knot of resolute persons. "The total defeat of the Scotish army being now generally known, and that their friends in all other places were defeated, they in the castle well knew what they were presently to expect, and that they should be shortly shut up from making farther excursions. They heard that Rainsborough was upon his march towards them, and had already sent some troops to be quartered near them, himself yet keeping his head quarters at Doncaster, ten miles from the castle. They resolved, whilst they yet enjoyed this liberty, to make a noble attempt. They had been informed, that sir Marmaduke Langdale (whom they still called their general) after the overthrow of the Scotish army, had been taken prisoner, and remained in Nottingham castle under a most strict custody, as a man the parliament declared, they would 'make an example of their justice.' A party of about twenty horse, but picked and choice men, went out of the castle, in the beginning of the night, with a resolution to take Rains borou huisoner, and thereby to ransom their 6 Morris. My lords, I humbly desire a copy of my Indictment, that I may know what to answer; I conceive I may plead special as well as general. Court. Sir, you cannot by law. general. They were all good guides, and understood the ways, private and public, very exactly; and went so far, that about the break of day or a little after, in the end of August, they put themselves into the common road that led from York; by which ways the guards expected no enemy; and so slightly asked them whence they came? Who negligently answered; and asked again, ' where their general was? saying, they had a letter for him from Cromwell.' They sent one to shew them where the general was; which they knew well enough; and that he lay at the best inn of the town. And when the gate of the inn was opened to them, three of them only entered into the inn, the other rode to the other end of the town to the bridge, over which they were to pass towards Ponfret; where they expected, and did find a guard of horse and foot, with whom they entertained them selves in discourse, saying that they stayed for their officer, who went only in to speak ' with the general;' and called for some drink. The guards making no question of their being friends, sent for drink, and talked negligently with them of news; and, it being broad day, some of the horse alighted, and the foot went to the court of guard, conceiving that morn ing's work to be over. They who went into the inn, where no body was awake but the fellow who opened the gate, asked in which chamber the general (for so all the soldiers called Rainsborough) lay, and the fellow shewing them from below the chamber door, two of them went up, and the other stayed below, and held the horses, and talked with the soldier who had walked with them from the guard. The two who went up, opened the chamber door, found Rainsborough in his bed, but awaked with the little noise they had made. They told him in short that he was 'their prisoner, and that it was in his power to choose whether he would be presently killed' (for which work he saw they were very well prepared) or quietly, without making resist ance, or delay, to put on his cloaths and be mounted upon a horse, that was ready below for him, and accompany them to Pontfret.' The present danger awakened him out of the amazement he was in, so that he told them he would wait upon them, and made the haste that was necessary to put on his cloaths. One of them took his sword, and so they led him down stairs. He that held the horses, had sent the soldier away to those who were gone before, to speak to them to get some drink, and any thing else, that could be made ready in the house, against they came. When Rainsborough came into the street, which he expected to find full of horse, and saw only one man, who held the other horses, and pre Morris. My lords, I conceive there is a point of law in it, and I humbly desire to have counsel; for I conceive by the law, being attainted for High Treason, I ought to have counsel by the statute 1 Hen. 7, fol. 23. sently mounted that he might be bound behind him, he began to struggle, and to cry out. Whereupon, when they saw no hope of carrying him away, they immediately run him through with their swords; and, leaving him dead upon the ground, they got upon their horses, and rode towards their fellows, before any in the inn could be ready to follow them. When those at the bridge saw their companions coming, which was their sign, being well prepared, and knowing what they were to do, they turned upon the guard, and made them fly in distraction; so that the way was clear and free; and though they missed carrying home the prize for which they had made so lusty an adventure, they joined together, and marched, with the expedition that was necessary, a shorter way than they had come, to their garrison; leaving the town, and soldiers behind in such a consternation, that, not being able to receive any information from their general, whom they found dead upon the ground without any body in view, they thought the Devil had been there; and could not recollect themselves, which way they were to pursue an enemy they had not seen. The gallant party came safe home without the least damage to horse or man, hoping to make some other attempt more successfully, by which they might redeem sir Marmaduke Langdale. There was not an officer in the army whom Cromwell would not as willingly have lost as this man; who was bold and barbarous to his wish, and fit to be entrusted in the most desperate interest, and was the man whom that party always intended to commit the maritime affairs to, when it should be time to dismiss the earl of Warwick; he having been bred in that element, and knowing the duty of it very well, though he had that misfortune spoken of in the beginning of the summer. Court. Sir, I tell you, you cannot have it. Morris. Then, my lords, I conceive I am not any way guilty of the Indictment for Treason: my lords, it is said to be against the king, his crown, and against his peace; whereas, my 6 this kind, and no human hope of relief, they were content to offer to treat for the delivery of the castle, if they might have honourable conditions; if not, they seat word that they had provisions yet for a good time; that they durst die, and would sell their lives at as dear a price as they could.' Lambert auswered, that he knew they were gallant men, and that he desired to preserve as many of 'them, as was in his power to do, but he must require six of them to be given up to him, whose lives he could not save; which he was sorry for, since they were brave men; but his hands were bound. The six excepted by him were colonel Morrice, and five more whose names he found to have been amongst those who were in the party that had destroyed Rainsborough; which was an enterprize no brave enemy would have revenged in that manner: nor did Lambert desire it, but Cromwell had enjoined it him: all the rest he was content to release, that they might return to their houses, and apply themselves to the parliament for their compositions, towards 'which he would do them all the good offices 'he could.' They from within acknowledged his civility in that particular, and would be glad to embrace it, but they would never be guilty of so base a thing, as to deliver up any of their companions; and therefore they desired they might have six days allowed them, that those six might do the best they 'could to deliver themselves; in which it 'should be lawful for the rest to assist them;" to which Lambert generously consented, so 'that the rest would surrender at the end of that time;' which was agreed to. Upon the first day the garrison appeared twice or thrice, as if they were resolved to make a sally, but retired every time without charging; but the second day they made a very strong and brisk appeared the day before, and beat the enemy from their post, with the loss of men on both sides; and though the party of the castle was beaten back, two of the six (whereof Morrice was one) made their escape, the other four being forced to retire with the rest. And all was quiet for two whole days; but in the beginning of the night of the fourth day, they made another attempt so prosperously, that two of the other four likewise escaped and the next day they made great shews of joy, and sent Lambert word, that their six friends 'were gone' (though there were two still remaining) and therefore they would be ready the next day to surrender. "And now to finish this business of Pont-sally upon another place than where they bad fret altogether, which lasted near to the end of this year, when Lambert came to this charge (instructed by Cromwell to take full vengeance for the loss of Rainsborough, to whose ghost he designed an ample sacrifice) and kept what body of men he thought fit for that purpose, he reduced them in a short time within their own circuit, making good works round about the castle, that they might at last yield to hunger, if nothing else would reclaim them. Nor did they quietly suffer themselves to be cooped up without bold and frequent sallies, in which many of the besiegers, as well as the others, lost their lives. They discovered many of the country who held correspondence with, and gave intelligence to the castle, whom they apprehended, whereof there were two divines, and some women of note, friends and allies to the besieged. After frequent mortifications of "The other two thought it to no purpose to make another attempt, but devised another way to secure themselves, with a less dangerous assistance from their friends, who had lost lords, I can make it appear, I have acted only for the king, and nothing against him, which may appear here by my Commission. The Court looks upon it, and answers, Court. Sir, you are deceived, this is false, it is from the Prince. Morris. Your servant, my lord; then my lords, I conceive I have acted nothing against Morris. My lords, it is very well known, my the Parliament, for that which I acted, it was lord Fairfax hath his Commission derived from for the king: and since the abolishing of regal the Parliament, and upon that he grants Com-power, I have not meddled with any thing against mission to his Officers, which is all one and the same. The Prince hath his from his father, and I have mine from the Prince, which is full power, he being Captain General of his majesty's forces. Court. Sir, have you nothing else to say? Morris. My lords, under correction, I conceive it is sufficient; for by the same power, all Judges, Justices of Peace, your lordships, your predecessors, and all other officers, did act by the same power, and all process and writs of law were acted, and executed in his name, and by his authority. Court. His power was not in him, but the kingdom, for he was in trust for the kingdom; the king's highway, and the king's coin being so called, is not his own, but his subjects; and his natural power, and legal power, are different. Morris. My lords, under correction, I conceive his legal and personal power are undivisible, all one, and cannot be separated. Court. Sir, all is one; if the king bid me kill a man, is this a sufficient warrant for me to plead? No, Sir, it is unlawful. Sir, have you no more? some of their own lives in the two former sallies to save theirs. The buildings of the castle were very large and spacious, and there were great store of waste stones from some walls, which were fallen down. They found a convenient place, which was like to be least visited, where they walled up their two friends in such a manner that they had air to sustain them, and victual enough to feed them a month, in which time they hoped they might be able to escape. And this being done, at the hour appointed they opened their ports, and after Lambert had caused a strict inquisition to be made for those six, none of which he did believe had in truth escaped, and was satisfied that none of them were amongst those who were come out, he received the rest very civilly, and observed his promise made to them very punctually, and did not seem sorry that the six gallant men (as he called them) were escaped. And now they heard, which very much relieved their broken spirits, that sir Marmaduke Langdale had made an escape out of the castle of Nottingham; who shortly after transported himself beyond the seas. Sir John Digby lived many years after the king's return, and was often with his majesty. Poor Morrice was afterwards taken in Lancashire, and happened to be put to death in the same place where he had committed a fault against the king, and where he first performed a great service to the parliament." the parliament, for that Act was but enacted the 14th of July last, and before that time and Act of abolishing Kingly Government, that princely palace which I kept by his Commission was demolished. My lords, I beseech your henours, that my Commission may be read, to give satisfaction to the Court. Lord Paleston. Sir, it will do you no good, you may as well shew a Commission from the Pope, all is one. Morris. My lords, I desire your lordships to do me that justice. Lord Thorpe. For my part I am willing, my brother be not against it. Lord Puleston. Sir, we hold it for law to he void, it is to no purpose. Morris. Then if your lordships be not pleased to do me that justice that it may be read, I desire it may be restored me again. [Upon that, col. Morris received his Commission unread.] My lords, it seemeth strange, that your honours should do that which was never done the like before, never any of your predecessors ever did the like; I wish it may not be to your own and your friends wrong, that you make yourselves precedents of your acting, and myself of suffering. But, my lords, I do not speas for saving my own life, for (I thank my God) I am prepared, and very willing to part with this lump of clay: I have had a large time of repentance, it being twenty-two weeks since my imprisonment; and I am sorry for those which are like to undergo the same sufferings, if your lordships take away my life. And though I do not speak any way in glory, indeed at this present there is a cloud hanging over our heads, I desire there may be a fair sunshine to dispel it. And though there were a world of plots in the kingdom when I took the castle, there is not wanting the same now, only the time is not yet come; and as I was to be the fire-brand to Scarborough, so he (meaning Bointon) to Tinmouth, and that to others; and though you take away my life, there will be others which will take up the lintstock to give fire, though I be gone. Court. Sir, you have little hopes to talk of any fire to be given here, having received such a total rout in Ireland. Morris. My lords, I should have been unwilling to have contradicted your late news concerning Ireland; but since you have given me a hint of it, you must give me leave to let your honours know, that I received letters from the marquis of Ormond, dated the 3rd of Aug. and your's is but the 2d; wherein he pleases to let me understand of the great care he hath of me, and that whatsoever shall befal me here, the like shall be to those which he hath pri |