CHAPTER VI.

Fresh Measures respecting the Sequestration of Lord Capell's Estates Design of Lord Jermyn to surrender Jersey and Guernsey to the French Measures taken by Lord Capell and Sir E. Hyde to counteract this Design Lord Capell goes to the Continent He returns to England, and visits the King · The Prince removes to Holland, and sails from thence to England - Royalist Movement in Kent and Essex under Lord Norwich He posts himself at Colchester.

DURING Lord Capell's residence in Jersey the disposal of his estates was again made the subject of Parliamentary legislation. It appears that Cassiobury house, park, &c., having been sequestered, had been rented by Lord Essex. Lord Essex died on the 14th of September, and on the 18th the Committee of Lords and Commons for sequestration made an order for the house, &c., of Cassiobury to be let to Sir William Brereton. On the 21st of October it was recommended by the House of

'On the 16th of September in the preceding year (1645) an Ordinance of Parliament was again passed for an annuity of 10,000l. per annum to be paid to Robert (Devereux) Earl of Essex, stating that, notwithstanding an Ordinance had passed to the same effect on the 26th of May, 1643," that "the same had not been paid to the said Earl as in right it ought to have "been :" and accordingly the estates of Lord Capell, Sir Thomas Lucas, Sir Charles Lucas, Sir Thomas Glenham, Thomas Fanshawe, and William Peter, were to be made liable in future to the said Earl of Essex, "immediately from and after the passing of this Ordinance entering into and "taking possession of all or any part of the premises, not being in lease "for years or lives, and taking the rents, issues, and profits of all and singular, in as large and ample manner, to all intents and purposes," as their owners might have done "before their deserting of the Parliament." -Lords' Journals, vol. vii. pp. 601, 602.

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Lords to the Committee for Hertfordshire that Lord Pembroke should be preferred before any other person as tenant for Cassiobury "with the house, park, lands, "and other things the same as Lord Essex had it.." On the 26th of October the Committee returned for answer a copy of the order to Sir William Brereton by the Committee for Sequestration, but the Lords were of opinion that that order should be disregarded, and recommended the preference being given to the Earl of Pembroke, and on the 12th of November the House of Lords recommended to the House of Commons that the Earl of Pembroke should be the chosen tenant for Cassiobury. The Committee of Irish Affairs had also their resolutions to offer on the subject of Lord Capell's estates, and on the 25th of September reported their resolution to the House, that Lord Capell's estates should be sold; and on the 30th of October there appears an ordinance for appointing "the sale of the lands "and estates of Lord Capell, and divers other delin"quents excepted from pardon," the proceeds to be disposed of for maintaining of the forces in Ireland."

Journals of the House of Lords, vol. viii. p. 541.

2 Ibid., p. 545.

9 Ibid., p. 562. The following entry in one of the pamphlets of the day would seem as if Lord Pembroke had not eventually become the tenant:" Sir William Brereton, Collonell Generall for the Cheshire forces, hath Cashiobury, and other lands of the Lord Capel, worth 20007. per annum, and the Archbishop's house and lands at Croiden, where he hath turned the chappel into a kitchen."-The History of Independency, p. 170. Volumes of bound pamphlets from 1642 to 1645, in the possession of the Earl of Essex.

4

Journals of the House of Commons, vol. iv. p. 676.

Marquis of Winton, Earl of Worcester, Francis Lord Cottington, &c. Journals of the House of Commons, vol. iv. p. 710. ;

Notwithstanding this disposal of his estates, Lord Capell now received an intimation from his friends that he would do well for his interest to remove from Jersey into some part of Holland. By this step he hoped at least to obtain an interview with some of those with whom he might confer on his affairs, and, above all, he expected that his two eldest sons might come over to see him.' Holland was named, says Lord Clarendon, in order "that, being in a place to which there could "be no prejudice, his friends might the more hopefully "solicit for liberty for him to return into his own country, and that he might live in his own house, "which they had reason to hope could not be denied "to a person who had many friends, and could not be "conceived to have any enemies, his person being "worthily esteemed by all."

This journey was not to be taken without first visiting Paris, that he might have the Prince's sanction for his return into England, if he might go there upon honourable conditions.3 The plan of quitting Jersey and the journey to Paris was adopted with the full concurrence, and even by the advice, of his two friends. It was not, however, undertaken by Lord Capell solely on account of his own personal affairs. Information of a design on the part of Lord Jermyn to surrender Jersey and Guernsey to the French had been received by the remnant of the Prince's Council still residing in Jersey. The information came from several sources unconnected with each other, and seemingly

Clarendon's 'State Papers,' vol. ii. p. 288. 2 Life of Clarendon, vol. i. p. 201.

3 Ibid.

worthy of credit. This, together with Lord Jermyn's faithless conduct in breaking his promises of provisions and supply to these islands, or of repaying the sums generously lent by the islanders to the Prince, gave them just cause of apprehension as to the truth of the design, and induced the most serious consideration of what their own conduct should be under such circumstances, ooth in regard to their personal allegiance and relation to the King and the Crown and to their duty and affection to their country.' This led to an agreement amongst themselves, entitled "Articles of Association "entered into between the Lords Capell and Hopton, "Sir Edward Hyde, and Sir George Carteret, for the "defence of the island of Jersey against a supposed design of the Lord Jermyn to give it up to the "French." They unanimously arrived at the conclusion that the "delivery of these islands into the hands and "possession of the French cannot consist with the duty "and fidelity of an Englishman, will prove most perni"cious and fatal to the person of the King and his

posterity, an irrecoverable blemish to his cause, and "will be applied in justification of all those scandals "which have been laid upon the persons of the King "and Queen, and of the proceedings which have been

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against them both; that it will be an irreparable and

perpetual damage and dishonour to the Crown of England and the English nation, by enabling the "French to be masters of the sea and of the English trade, having Dunkirk already in their hands; to

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1 Appendix W.

2 Clarendon's State Papers,' vol. ii. p. 279.

"which those islands' being added, they must have the "whole power of the Channel, being the greatest road "of trade of the known world, and an opportunity to "seize on other useful islands and ports of England; "which damage and disadvantage no succeeding prosperity and greatness of England will ever possibly "recover."

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To be prepared against this threatened danger they unanimously agreed upon certain measures, by which they first sought to ascertain the truth and extent of the design, and next determined upon the fittest mode of defeating a purpose so abhorrent to their feelings and principles as Englishmen. It was arranged that Lord Capell should go forthwith to Paris on his way to Holland; that he should on his road, and at Paris and at St. Germains, endeavour, by all possible means, to ascertain "the ground and "foundation" of the information they had received at Jersey; that he should in private conversation with the Prince inform him of the rumour, and ascertain if he was aware of the project, and show him "the damage, "inconvenience, mischief, and infamy that would "thereby attend his royal father himself and the Crown. "of England; that so his princely innocence might be preserved, and he be without the guilt, though he "could not be without the loss, of what might happen."

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If Lord Capell was satisfied that the design existed and was ripe for execution, though pretending to pursue his journey to Holland, he was to return to Jersey with all possible haste, that they might decide on their

1 Clarendon's State Papers,' vol. ii. p. 280.

2 Ibid., p. 281.