Nay, more than this, the sword, the law of arms, all military interest, and your own safety, is judged and jeoparded as well as mine.

But I shall not multiply, presuming you will not judge by laws of war, in which capacity only you sit; and that your religion and common justice allow that plea, which is universally, even in all parts of the world, allowable.

If you be dissatisfied, I pray, that, as an essential to justice, I may have a doctor of the civil law assigned, or at least have liberty to produce their books of opinions; and that in the interim you suspend your sentence.

Touching levying forces in the Isle of Man, and invading England, I myself (and that truly) be a stranger to all the acts for treason, and in particular to the acts of the twelfth of August,

any

And that the Isle of Man is not particularly named in of the acts touching treason; and being not particu larly named, those acts reach it not, nor bind those of that island.

And especially, that I was not in the Isle of Man when the last act was made; and the law looks not backward. And while I was in England I was under an unlikelihood, and even impossibility of knowing the new acts. Now in martial law ignorantia juris is a good plea, which I leave to judgment; having, as to matter of fact, confessed and submitted to the mercy of the Parliament,

I do as to your military power earnestly plead quarter, as a bar to your further trial of me; and doubt not but you will deeply weigh a point so considerable both to your consciences and concernments, before you proceed to sentence, and admit my appeal to his excellency Lord General Cromwell, in this single point,

Upon this the court, who were altogether acted and influenced by Bradshaw and his confederates, without considering whether his plea against the power of the court

martial, after quarter was given by a field officer, was good or no, (a defence allowed in all civil nations) overruled it, and summed up his crimes in the following articles: "That he had traitorously borne arms for Charles Stuart against the Parliament; that he was guilty of a breach of an act of Parliament of the 12th of August, 1651, prohibiting all correspondence with Charles Stuart, or any of his party; that he had fortified his house of Latham against the Parliament; and that he now held the Isle of Man against them, &c." And therefore they gave sentence of death, and appointed his execution to be at Bolton, within fourteen days, that he might not have time to appeal to Parliament....

C

However, his son, the Lord Strange, having beforehand laid horses ready, rode post to London in one day and night, and got his petition read in the junto by Mr. Lenthel, their speaker, which no man else would read or receive. But Cromwell and Bradshaw had so ordered the matter, that when they saw the major part of the house inclined to allow the earl's plea, as the speaker was putting the question eight or nine of them quitted the house, and those left in it being under the number of forty, no question could be put. So the Lord Strange, seeing all attempts or endeavours to save the life of his father fruitless, and of no effect, the grandees having resolved on his death, with incredible speed returned to his father before the hour of execution, and acquainted him with the cruel and bloody resolution of his professed and implacable

enemies.

His father embracing him with all the tenderness of natural love and affection, said to him, "Son, I thank you for your duty, diligence, and best endeavours to save my life; but, since it cannot be obtained, I must submit." And kneeling down, said, "Domine, non mea voluntas sed tua." Then calling for his friends, whom he had desired to be witnesses of his death, prepared for the scaffold;

and died with more courage and Christian patience than his enemies' malice could murder with.

An account of the Christian behaviour and humble deportment of James Earl of Derby, from his trial at Chester, to his execution at Bolton. By his Chaplain, the Rev. Mr. Humphrey Baggerley, who attended him on that occasion.

ON

N Monday the 13th of October, 1651, my lord procured me liberty to wait upon him, having then been close prisoner for ten days. He told me the night before, Mr. Slater, Colonel Duckenfield's chaplain, had been with him from the governor, to persuade his lordship that they were confident his life was in no danger. His lordship told me he patiently heard his discourse, but did not believe him; for, said he, I was resolved not to be deceived with the vain hopes of this fading world.

After we had walked a quarter of an hour, and discoursed his commands to me, in order to my journey to the Isle of Man, touching his consent to my lady to deliver it up, upon those articles his lordship had signed for that purpose; with his affectionate protestations of his honour and respect to my lady, both for her high birth and goodness for a wife, with much tenderness of his children there, especially my Lady Mary, and was going on ;-on a sudden came in one Lieutenant Smith, a rude fellow, and with his hat on told my lord he came from Colonel Duckenfield, the governor, to tell him he must be ready for his journey to Bolton. He replied, "When would you have me to go?" "To-morrow morning by six o'clock," said Smith. "Well," said my lord, "I thank God I am readier to die 'than for my journey. However commend me to the governor, and tell him by that time I will be ready for both." Then that insolent rebel Smith said, "Doth your lordship know any friend or servant that would do that thing

your lordship knows of. It would do well if you had a friend." My lord replied, "What do you mean? would you have me to find one to cut off my own head?" Smith said, "My lord, if you could get a friend." My lord answered, "Nay, sir, if those men that will have my head will not find one to cut it off, let it stand where it is. I thank my God my life hath not been so bad that I should be instrumental to deprive myself of it, though he hath been so merciful to me as to be well resolved against the worst of terrors death can put upon me. And for me and my servants, our ways have been to prosecute a just war by honourable and just means, and not those barbarous ways of blood, which to you is a trade.”

Then Smith went out and called me to him, and repeated bis discourse and desires to me. I only told him, that my lord had given him a final answer on that head. Then upon my coming in again, my lord calling for pen and ink, wrote his last letter to my lady, and that to my Lady Mary and his sons in the Isle of Man.

In the mean time Mr. Paul Moreau, a servant to his lordship, went and bought all the rings he could get, and my lord wrapt them up in several papers, and wrote within them, and made me superscribe them to his children, friends, and servants.

The rest of that day, being Monday, he spent with my Lord Strange, Lady Catharine, and my Lady Amelia. At night, about six, I came to him again, when the ladies were gone away; and as we were walking, and my lord telling me that he would receive the sacrament the next morning, and on Wednesday morning both, in came the aforesaid Smith, and said, "My lord, the governor desires you would be ready to go in the morning about seven o'clock." My lord replied, "Lieutenant, pray tell the governor I shall not have occasion to go so early; by nine o'clock will serve my turn, and by that time I will be ready. If he has earnester occasion he may take his own hour."

That night I stayed supper with my lord, who was exceeding cheerful and well composed; and drank to Sir Timothy Featherstone (who suffered at Chester a week after in the same cause) and said, "Sir, be of good comfort; I go willingly before you. God hath so strengthened me, that you shall hear that by his assistance I shall so submit, both as a Christian and a soldier, as to be both a comfort and an example to you."

Then he often remembered my lady, Lady Mary, and the little honourable masters, and drank to me, and once to all his servants, especially to Andrew Broome; and said, he ́ hoped now that they who loved him would never forsake his wife and children, and he doubted not but God would be a master to them, and provide for them after his death.

In the morning his lordship delivered me the letters for the island, and said, "Baggerly, deliver these with my most tender affection to my wife and sweet children, who shall continue with my prayers for them to the last minute of my life. I have instructed you as to all things for your journey. But as to that sad part of it with respect to them I can say nothing, but must remain in silence, for your own looks will best tell your message. The great God of heaven direct you, and prosper and comfort them, in this their day of deep affliction and distress."

His lordship took leave of Sir Timothy Featherstone much in the same manner as the night before. Mr. Crossen and three other gentlemen who were condemned came out of the dungeon, (at my lord's request to the marshal) and kissed his hand, and wept at taking leave. My lord said, "Gentlemen, God bless and keep you. I hope now my blood will satisfy for all that were with me; and now you will in a short time be at liberty. But if the cruelty of these men will not end there, be of good comfort, God will strengthen you to endure to the last, as he hath done me; for you shall hear I die like a Christian, a man, a soldier, and an obedient subject to the most just and virtuous of princes."