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?’ “‘Yes, my lord,’ said Smith. ‘If you could have a friend——’ “‘Nay, sir,’ interrupted the Earl; ‘if those men that would have my head will not find one to cut it off, let it stand where it is. I thank God my life has not been bad, that I should be instrumental to deprive myself of it.... As for me and my servants, our ways have been to prosecute a just war by honourable and just means, and not by these ways of blood, which to you is a trade.’” When Smith was gone, the Earl called for pen and ink, and wrote his farewell letters to his family; and while he wrote, Paul Morceau, his lordship’s servant, went out and bought a number of rings, which they wrapped in parcels, and these were addressed as parting gifts to his children and servants. The Earl’s letter to his wife began in these terms:—