The Perfect TRYAL and CONFESSION of the Earl of DERBY, at a Court-Marshal holden at CHESTER the firft Day of October, in the Year of our Lord God, 1651. By vertue of a Commission from His Excellency the Lord General Cromwell. With his Speech and Plea in defence of his Life delivered at the Bar; and his Sentence to be beheaded in the Market Place of Boulton in Lancashire on Wednesday next, his Letter to his Lady concerning the fame, and the Govern ment of the Iland; as alfo Capt. Youngs Summons, and her refolute Answer. Likewife, The Tryal of Sir Timothy Fetherftonhaugh, and his Sentence to be beheaded at Chester, and Capt. Benbow to be fhot at Shrewsbury. Together with the Charge of High Treafon against Col. Vaughan, Lieut. Col. Jackson, C. Massey, Dr. Drake, Mr. Cafe, Mr. Jackson, and Mr. Jenkins. With the Parliaments Directions to the High Court of Juftice for their Tryal this prefent Friday. O N Wednesday being the 1ft of this inftant Moneth, the Earl of Derby was brought to his Tryal, before the Court-Marshall holden at Chester, in the Year of our Lord God, 1651, By vertue of a Commiffion from his Excellency the Lord Gen. Cromwel; Grounded upon an Act of Parliament of the 12 of Auguft last, Entituled An Alt probibiting correspondency with Charles Stuart, or his Party, Directed to Major Gen. Mitton, &c. The faid Court being affembled together, after filence proclaimed, the Names of the Officers were called over; where were prefent as followeth : A Lift of the Names of the Officers at a Court-Martial holden at Cheffer, on the 1st of October, for Tryall of the Earl of Derby, Sir Timothy Fetherftonbaugh, and Captain Benbow. the After the Court was proclaimed, The Prefident gave Order for the Prifoner to be brought to the Bar; and accordingly he was guarded from the Castle to the faid Court, where Judge Mackworth read the Act of Parliament, prohibiting correspondence with Charles Stuart, or his Party. And when his Lordship came to the latter claufe of the faid Act, viz. That whofever shall offend against this Act and Declaration, fhall or may be proceeded against by a Councel of War who are hereby authorized to hear and determine all and every faid Offences; and fuch as fhall by the faid Councell be condemned to fuffer Death fball alfo forfeit all his and their Lands, Goods, and other Eftate, as in cafe of High Treafon. Upon which words, the Earl of Derby faid, I am no Traitor, neitheir Sir, replyed the Prefident, Your words are contemptible: You must be filent during the reading of the Act, and your Charge. After his Lordfhip had read the faid Charge of High Trefon, &c. The Earl pleaded, That he had quarter given him for his life by one Captain Ege, which (faid he) •he conceived a good Bar to avoid triall for life by a Councel of War, unlefs he had committed fome new Fact fince quarter given, that might bring him within the cognizance of a Court-Marfhal. Hereupon the Commiffioners took the matter into confideration, and after a long and ferious Debate they agreed to over-rule him in his Plea, and finding him guilty of Treason, paffed Sentence upon him in thefe words: The Sentence against James Earl of DERBY. 1. Refolved (by the Court) upon the Question, T Hat James Earl of Derby is guilty of the breach of the said Act of the 12 of August laft paft, Entituled, An Act prohibiting correspondence with Charles Stuart, or his Party, and fo of High-Treafon against the Commonwealth of England, and is therefore worthy of death. 2. Refolved, &c. That the faid James Earl of Derby is a Traytor to the common-wealth of England, and an Abetter, Encourager, and Affister-of the declared Tritors and Enemies thereof, and shall be put to death, by severing his Head from his Body, at the Market-place in the Town of Boulton in Lancashire, upon Wednesday the 15 of this inftant October about the hour of one of the clock of the fame Day. No fooner was Sentence denounced; but immediately he was remanded back to the place from whence he came; And in hope of Mercy, hath voluntarily writ a Letter to his Lady for the furrender of the Isle of Man, and to fubmit to the prefent Government; but its believed, that his lines are not effectuall, Though life be sweet, and his Lordship exceeding defirous thereof. Yet the fatal Blow is expected to be given at Boulton. Wherein the just judgement of God upon this man is very remarkable, that in the fame County where he first raised Arms, drew the first blood, and had done fo much mischief, yea and in the very fame Town, where by his means fo much blood had been fpilt, when be caufed Ruperts Tragick march that way, it Should be fo brought about by his righteous providence, that he should now come to have his own blood fhed there upon a Scaffold before all the world; by the the band of publick Justice: but that he would had torn the bowels of his Countrey by a pernitious Warre, fhould be cenfured by a Court of Warre, to be made an example of divine vengeance in the midst of his Countrey. And now as to his Plea of Quarter, it appears, very clear, that the Commissioners had good reason to over-rule him (as they did) in that Plea; because quarter for life belongs only to fuch as are Hoftes, i. e. Enemies, not to fuch as are Perduelles, Traitors to their Country, The Earl is a Native of England, and therefore being taken fighting against England, cannot be accounted a competent enemy, nor in reafon expect an exemption by quarter, which in this present caufe is to be effecmed only a meer fufpending of a prefent military execution, that the offender might be brought to punishment by due courfe of Law: So that if the Earl had well confulted the Act of the 12 of Auguft left, whereupon be was tryed, which authorifeth a Councell of War to try Delinquents against it, and confidered himself an offender against that Act, as guilty of High Treafon against the Land of his Nativity, and this State and Government, then he and his friends must needs have understood, That crimes of fo high a nature, cannot be exempted by any particular Officer, (who is onely employd to attach and bring fuch Malifactors to tryal before the Magiftrate that fet him on work) but are to be taken cognisance of by any perfons, power or judicatory, appointed by the Supreme Authority against whom fuch delict is committed; and fuch was the Court Martial now in this cafe, they being perfons impowered and defigned by the Parliament, to hear and determine cafes of Treafon, according to the Tenor of the forementioned Art. But the Earls next plea was the ignorance of the Acts of Treason fet forth by the Parliament. This was more flight then the former; for, every man being bound to take notice of the Lawes of this Common-wealth, under which he lives or under whofe power he comes, no mans ignorance can excufe, but rather aggravate his offence; befides, the very light of nature and common reason must needs have inftructed him fo far, as to know that it is the highest of all crimes, and Treafons, for a man to lay defigns, bear Arms, and joyn with the declared enemy of his native Country. The Honourable Court having proceeded to Sentence against the Earl of Derby; in order to the further executing of Juftice, began with Sir Timothy Fetherstonbaugh, and Captain Benbow, and being brought to the Bar, the Prefident likewife caufed the Act of Parliament to be read; as alfo their Charg, confifting of High-Treafon: and after a fhort fpeech by them made, touching the Grounds and Reasons of their Engagement, the Court proceeded to Sentence, and accordingly refolved as followeth. The fentence of the Court against Sir Timothy Fetherston, 1. Refolved upon the Queftion, T Hat Sir Timothy Fetherstonbaugh, is likewife guilty of the breach of the faid Act of Parliament, of the 12. of August laft paft, and fo of High-Treafon against the Common-wealth of England, and is therefore worthy of death. 2. Refolved, 2. Refolved, &c. That the faid Sir Timothy Fetherstonbaugh, as a Traytor to the Commonwealth of England, and an Abettor, encourager, and Affifter, of the declared Traytor and enemy thereof, fhall be put to death by fevering his head from his body, at fome remarkable and convenient place in the city of Chefter, upon Wednesday the 22. of this inftant October. The fentence of the Court against Captain John Benbow. 1. Refolved by the Court upon the Question, Hat Capt. John Benbow, is alfo guilty of the breach of the faid A& of the 12. of August laft, and fo of High-treafon against the Commonwealth of England, and is therefore worthy of death. 2. Refolved, &c. That the faid captain John Benbow, as a traitor to the Common-wealth of England, fhall be fhot to death at fome convenient place in the town of Shrewsbury, upon Wednesday the 15 of this inftant October, about one of the clock the fame day. The Earl of Derbies confeffion, that they expected a general rifing of the Prefbyterians in Lancashire, they being provided both with Arms and Ammunition, and that they had laid a Plot for the furprizing of Leverpool. He confeffeth alfo, that when himself landed lately here in England, both Aburft and Maffey told him, they had a letter figned by the Scots King, and the Minifters in his Army, directed to the Minifters of Manchefter, which (he faith) their King himself alfo told him, to beftir themfelves in the Scots behalf. There hath been a Summons fent into the Isle of Man, by Captain Young, for the furrender thereof to the Parliament of England, Whereupon the Countess of Derby returned this Answer. That she was appointed to keep the Ifle of Man by her Lords Command; which in duty fhe was bound to obey, and that therefore without bis Order and appointment she would not deliver it up to any. Her Ladyfhip is ftrongly fortifying Pefon Castle, where the Leaden Crown is kept, It is fituated upon an exceeding great Rock, and thought to be inpregnable. The Parliament have given Directions and Inftructions to the HighCourt of Juftice, for the Tryall of divers Gentlemen who ftand accused for High-Treafon; a Lift of their Names followeth. Mr. Cafe Mr. Watson Mr. Robinson And Mr. Herrick. The The True SPEECH delivered on the SCAFFOLD by JAMES Earl of DERBY, in the Market-place at Boulton in Lancashire, on Wednesday laft, being the 15th of this inft. Oct. 1651. With the manner of his deportment and Carriage on the Scaffold his Speech concerning the King of Scots. And his Prayer immediately before his Head was fevered from his Body.. As alfo his Declaration and Defires to the People. Likewise, the manner how the King of Scots took Shipping at Gravesend, on the 4th of this inftant Oct, with Captain Hind, disguised in Seamens Apparel, and fafely arrived at the Hague in Holland. O N Wednesday laft being the fifteenth of this inft. October, the Earl of Derby was brought to the Place of Execution (the Scaffold being erected and fet up in the place where the Cross formerly ftood) attended by divers Gentlemen and others; And where were prefent many hundreds of People who came from feveral parts adjacent to behold this Object of compaflion. As foon as his Lordfhip came upon the Scaffold, he took up the Block, and kiffed it, saying; I hope there is no more but this Block between Me and Heaven; and I hope I fhall never tire in my way, nor go out of it. Then turning to the People and putting off his Hat, he spake as followeth : Christian Gentlemen, and People; Your Our business hither to day, is to fee a fad Spectacle, a Peer of the Land to be in ambient today,,d, and cut off by ata untimely end, hand and to be in a moment unman'd, and cut off by an untimely end: And tho truly, if my general courfe of life were but enquired into, I may modeftly. fay, there is fuch a morall honefty upon it, as fome may be fo_peremptory as to expoftulate why this great judgment has fallen upon me: But know that I am able to give them and myself an answer, and out of this breaft (laying his hand upon his Heart) to give a better accompt of my Judgment and Execution then my Judges themselves or you are able to give; It is Gods wrath upon me for fins long unrepented, of many judgments withstood and mercies flighted; therefore God hath whipped me by his fevere rod of correction, that he might not loofe me; I pray join with me in prayer, that it may not be a fruitless rod, that when by this rod I have laid down my life, by this staffe I may be comforted, and received into glory. As for my accufers, I am forry for them, they have committed Judas his crimes; but I wish and pray for them Peters teares, that by Peters repentance they may escape Judas his punishment, and I wifh other people fo happy, they may be taken up betimes, before they have drunk more blood of Chriftian men, poffibly lefs deferving then myself. Ttt 2 It |