The tryall and plea of James Earle of Derby, prisoner of war, before a court martiall at Chester, Octob. 1. 1651 The articles were severall particulars of treason, by his invading England, raising forces, &c. The answer is a confession of the fact. The plea is a plea of quarter, which he conceives to be a good bar to a tryall for life, by court martiall or councell of war, though not against a meer civill judicature. His plea was over-ruled by the court upon this account, that the court martiall was directed by Parliament. So that the court proceeded to sentence, only gave him a fortnights time from the first of October. From this sentence he appealeth to his Excellency the Lord Generall.
         Derby, James Stanley, Earl of, 1607-1651.
      
       
         This text is an enriched version of the TCP digital transcription A63164 of text R203827 in the  English Short Title Catalog (Wing T2169A). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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             The tryall and plea of James Earle of Derby, prisoner of war, before a court martiall at Chester, Octob. 1. 1651 The articles were severall particulars of treason, by his invading England, raising forces, &c. The answer is a confession of the fact. The plea is a plea of quarter, which he conceives to be a good bar to a tryall for life, by court martiall or councell of war, though not against a meer civill judicature. His plea was over-ruled by the court upon this account, that the court martiall was directed by Parliament. So that the court proceeded to sentence, only gave him a fortnights time from the first of October. From this sentence he appealeth to his Excellency the Lord Generall.
             Derby, James Stanley, Earl of, 1607-1651.
          
           [2], 8 p.
           
             [s.n.],
             London :
             printed in the yeare, 1651.
          
           
             Cropped with slight loss of print.
             Reproduction of the original in the Harvard University Library.
          
        
      
    
     
       
         eng
      
       
         
           Trials (Treason) -- England -- Early works to 1800.
        
      
    
       A63164  R203827  (Wing T2169A).  civilwar no The tryall and plea of James Earle of Derby, prisoner of war, before a court martiall at Chester, Octob. 1. 1651. The articles were severall Derby, James Stanley, Earl of 1651    3237 4 0 0 0 0 0 12 C  The  rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           THE
           TRYALL
           and
           PLEA
           OF
           
             JAMES
          
           Earle
           of
           
             DERBY
             ,
          
           Prisoner
           of
           War
           ,
           before
           a
           Court
           Martiall
           at
           
             Chester
             ,
             Octob.
          
           1.
           1651.
           
        
         
           The
           Articles
           were
           severall
           particulars
           of
           Treason
           ,
           by
           his
           Invading
           
             ENGLAND
             ,
          
           raising
           Forces
           ,
           &c.
           
           The
           Answer
           is
           a
           confession
           of
           the
           fact
           .
        
         
           The
           Plea
           is
           a
           Plea
           of
           Quarter
           ,
           which
           he
           conceives
           to
           be
           a
           good
           Bar
           to
           a
           Tryall
           for
           Life
           ,
           by
           Court
           Martiall
           or
           Councell
           of
           War
           ,
           though
           not
           against
           a
           meer
           Civill
           Judicature
           .
        
         
           His
           Plea
           was
           over-ruled
           by
           the
           Court
           upon
           this
           account
           ,
           That
           the
           Court
           Martiall
           was
           directed
           by
           Parliament
           .
           So
           that
           the
           Court
           proceeded
           to
           Sentence
           ,
           only
           gave
           him
           a
           fortnights
           time
           from
           the
           first
           of
           October
           .
        
         
           From
           this
           Sentence
           he
           appealeth
           to
           his
           Excellency
           the
           Lord
           Generall
           .
        
         
           
             2
             Kings
             6.21
             ,
             22.
             
          
           
             And
             the
             King
             of
             
               Israel
            
             said
             to
             Elisha
             when
             he
             saw
             them
             ,
             my
             Father
             shall
             I
             smite
             them
             ?
             shall
             I
             smite
             them
             ?
          
           
             And
             he
             answered
             ,
             thou
             shalt
             not
             smite
             them
             ,
             wouldest
             thou
             smite
             those
             whom
             thou
             hast
             taken
             Captive
             with
             thy
             Sword
             ,
             and
             with
             thy
             Bow
             .
          
        
         
           LONDON
           ,
           Printed
           in
           the
           Yeare
           ,
           1651.
           
        
      
    
     
       
       
       
         
           
             THE
             Charge
             and
             Articles
             OF
          
           HIGH-TREASON
           
             AGAINST
          
           The
           
             Earl
          
           of
           Derby
           ,
           with
           the
           Tryal
           ,
           examination
           ,
           and
           Confession
           ,
           on
           Tuesday
           and
           Wednesday
           ,
           before
           a
           Court-Marshal
           at
           Chester
           .
        
         
           UPon
           the
           16th
           of
           this
           instant
           moneth
           ,
           by
           an
           extraordinary
           Messenger
           from
           
             Chester
          
           it
           is
           advertized
           ,
           That
           the
           Earl
           of
           
             Derby
          
           was
           brought
           before
           the
           Court-Marshal
           ,
           consisting
           of
           Col.
           
             Duckenfield
          
           and
           15
           Commission-Officers
           ,
           where
           the
           Judge
           Advocate
           brought
           in
           ,
           and
           read
           the
           Charge
           against
           him
           ,
           consisting
           of
           High-Treason
           ,
           
             viz.
             
          
        
         
           1.
           
           That
           he
           had
           in
           a
           most
           traiterous
           and
           hostile
           manner
           ,
           been
           aiding
           ,
           abetting
           ,
           and
           assisting
           to
           
             Charles
             Stuart
          
           (
           Son
           to
           the
           late
           Tyrant
           .
           )
        
         
           2.
           
           That
           he
           had
           held
           correspondency
           and
           confederacy
           with
           the
           said
           
           
             Charles
             Stuart
             ,
          
           and
           his
           accomplices
           ;
           and
           to
           the
           utmost
           of
           his
           power
           ,
           indeavoured
           the
           subversion
           and
           extirpating
           of
           this
           present
           Government
           ;
           as
           also
           the
           violating
           and
           abolishing
           the
           Law
           and
           Discipline
           ,
           so
           happily
           by
           them
           established
           .
        
         
           3.
           
           That
           he
           had
           trayterously
           indeavoured
           to
           involve
           this
           
             NATION
          
           in
           another
           bloody
           and
           intestine
           War
           ,
           by
           issuing
           forth
           and
           sending
           Warrants
           in
           
             Lancashire
             ,
          
           and
           summoning
           in
           the
           people
           to
           a
           Randevouz
           .
        
         
           4.
           
           That
           he
           had
           most
           traiterously
           appeared
           in
           the
           head
           of
           a
           party
           ,
           both
           in
           
             Cheshire
             ,
             Lancashire
             ,
          
           and
           other
           places
           within
           this
           Nation
           ,
           and
           granted
           Commissions
           ,
           signed
           
             C.
             R
          
           [
           being
           a
           signal
           used
           by
           the
           grand
           enemy
           of
           this
           Common-wealth
           ]
           to
           divers
           Gentlemen
           ,
           Papists
           ,
           and
           others
           ,
           for
           the
           raising
           of
           forces
           against
           the
           Parliament
           ,
           
             &c.
             
          
           The
           Judge
           Advocate
           having
           read
           the
           Charge
           ,
           his
           Lordship
           made
           a
           short
           Speech
           in
           answer
           thereunto
           ,
           to
           wit
           ,
           That
           he
           had
           not
           acted
           in
           the
           least
           ,
           contrary
           to
           the
           Commands
           of
           his
           Master
           the
           King
           ;
           but
           what
           he
           had
           done
           ,
           was
           in
           order
           and
           obedience
           to
           the
           power
           and
           Instructions
           from
           him
           received
           .
        
         
           After
           which
           Col.
           
             Duckenfield
          
           and
           the
           rest
           of
           the
           Councel
           ,
           proceeded
           to
           examination
           ,
           and
           stated
           the
           matters
           of
           fact
           ,
           consisting
           of
           High-Treason
           ;
           which
           caused
           his
           Lordship
           to
           look
           very
           pensively
           ,
           and
           moved
           him
           so
           far
           ,
           that
           he
           would
           fain
           do
           something
           which
           might
           be
           considered
           ,
           and
           himself
           in
           it
           ;
           and
           withall
           ,
           declares
           a
           good
           inclination
           to
           deliver
           up
           the
           Isle
           of
           Man
           ,
           to
           the
           present
           power
           ;
           only
           here
           lies
           a
           scruple
           ,
           That
           he
           is
           afraid
           it
           will
           be
           imputed
           as
           a
           very
           ignoble
           and
           dishonourable
           thing
           ,
           to
           surrender
           up
           his
           Children
           and
           Lady
           in
           it
           .
           But
           after
           some
           time
           spent
           in
           this
           business
           ,
           the
           Councel
           referred
           the
           further
           proceedings
           in
           his
           Tryal
           until
           another
           time
           .
        
         
           The
           matters
           of
           fact
           exhibited
           against
           him
           ,
           are
           of
           a
           very
           high
           nature
           ,
           and
           its
           probable
           may
           draw
           a
           severe
           sentence
           upon
           him
           :
           divers
           other
           persons
           of
           quality
           there
           are
           which
           were
           ingaged
           also
           in
           this
           treasonable
           design
           ,
           who
           are
           likewise
           to
           be
           brought
           to
           the
           Bar
           of
           Justice
           :
           Therefore
           I
           conceive
           it
           requisite
           ,
           to
           present
           to
           the
           free-born
           people
           of
           this
           Nation
           :
           certain
           Rules
           and
           Proposals
           ,
           shewing
           the
           happiness
           and
           joy
           that
           will
           redound
           to
           all
           those
           at
           the
           hour
           of
           death
           that
           walke
           stedfastly
           in
           the
           wayes
           of
           Holiness
           ;
           and
           the
           misery
           and
           torments
           that
           will
           befall
           on
           the
           contrary
           ,
           to
           those
           that
           are
           opposers
           ,
           and
           kick
           against
           the
           Ordinances
           thereof
           .
           An
           evident
           demonstration
           whereof
           followeth
           .
        
      
       
       
         
           The
           Substance
           of
           the
           Earle
           of
           
             Derby's
          
           Speech
           to
           enforce
           his
           plea
           .
        
         
           I
           Understand
           my self
           to
           be
           Convented
           before
           you
           ,
           as
           well
           by
           a
           Commission
           from
           the
           Lord
           Generall
           ,
           as
           by
           direction
           of
           an
           Act
           of
           Parliament
           of
           the
           12th
           .
           of
           
             August
          
           last
           .
        
         
           To
           the
           Articles
           I
           have
           given
           a
           full
           and
           ingenuous
           Answer
           ,
           what
           may
           present
           it selfe
           for
           my
           advantage
           ,
           I
           have
           gained
           liberty
           to
           offer
           and
           urge
           by
           Advise
           .
        
         
           And
           I
           doubt
           not
           but
           in
           matter
           of
           Law
           the
           Court
           will
           be
           to
           me
           instead
           of
           Counsell
           in
           Court
           .
        
         
           Sir
           ,
           I
           shall
           first
           observe
           to
           you
           the
           nature
           and
           generall
           order
           of
           a
           Court
           Martiall
           ,
           with
           the
           Lawes
           and
           Axiomes
           of
           it
           ,
           as
           far
           as
           concerns
           my
           Case
           ,
           and
           then
           shall
           apply
           my
           plea
           to
           such
           Orders
           ,
           &c.
           
        
         
           And
           therefore
           I
           conceive
           (
           under
           favour
           )
           that
           the
           Laws
           of
           a
           Court
           Martiall
           ,
           are
           as
           the
           Laws
           of
           Nature
           and
           Nations
           ,
           equally
           binding
           all
           persons
           ,
           and
           in
           all
           places
           Military
           ;
           and
           to
           be
           observed
           inviolably
           .
        
         
           And
           therefore
           it
           is
           ,
           if
           a
           Judgement
           be
           given
           in
           one
           Court
           Martiall
           ,
           there
           is
           no
           appeal
           to
           any
           other
           Court
           Martiall
           .
        
         
           Of
           which
           Law
           Martiall
           ,
           the
           Civill
           Law
           gives
           a
           plentifull
           Accoun
           ,
           t
           far
           above
           what
           the
           Common
           Law
           doth
           ;
           as
           
             Grotius
             de
             iure
             belli
             ,
          
           &c.
           
        
         
           But
           because
           it
           is
           one
           onely
           point
           of
           Martiall
           Law
           ,
           which
           I
           am
           to
           insist
           upon
           for
           my
           life
           ,
           —
           I
           shall
           name
           it
           ,
           and
           debate
           the
           
             Jus
             ,
          
           the
           right
           of
           it
           ,
           —
           It
           is
           Quarter
           for
           life
           given
           me
           by
           Captain
           
             Edge
             .
          
        
         
         
           Which
           I
           conceive
           to
           be
           a
           good
           bar
           to
           avoid
           tryall
           by
           a
           Councell
           of
           War
           for
           Life
           .
        
         
           That
           you
           are
           a
           Councell
           of
           VVar
           ,
           will
           be
           admitted
           ,
           and
           being
           so
           ,
           that
           you
           must
           judge
           and
           proceed
           to
           Laws
           of
           VVar
           ,
           and
           no
           otherwise
           ,
           cannot
           be
           denyed
           .
        
         
           That
           Quarter
           was
           given
           me
           ,
           if
           it
           be
           scrupled
           ,
           I
           am
           ready
           to
           prove
           ,
           and
           being
           given
           ,
           that
           it
           is
           pleadable
           is
           above
           dispute
           .
        
         
           I
           shall
           onely
           remove
           one
           Objection
           ,
           which
           is
           ,
           that
           though
           this
           be
           a
           Court
           Martiall
           ,
           yet
           the
           speciall
           Nature
           of
           it
           is
           directed
           by
           Parliament
           .
        
         
           To
           this
           I
           Answer
           ,
           though
           the
           Parliament
           direct
           the
           Tryall
           as
           it
           is
           ,
           yet
           it
           limits
           it
           to
           a
           Court
           Martiall
           ,
           which
           cannot
           direct
           it selfe
           ,
           nor
           is
           directed
           of
           its
           own
           nature
           by
           any
           such
           direction
           .
        
         
           For
           to
           appoint
           a
           Court
           Martiall
           to
           proceed
           by
           any
           other
           Laws
           ,
           than
           a
           Court
           Martiall
           can
           ,
           —
           is
           a
           repugnancy
           in
           
             Naturarei
             .
          
        
         
           So
           that
           as
           such
           Court
           Martiall
           retains
           it's
           proper
           Lawes
           and
           Jurisdictions
           for
           the
           support
           of
           it self
           ;
           so
           the
           pleas
           and
           liberties
           incident
           to
           that
           cannot
           be
           denyed
           the
           Prisoner
           .
        
         
           That
           Quarter
           ,
           and
           such
           Quarter
           as
           I
           had
           given
           ,
           is
           a
           good
           plea
           for
           life
           to
           a
           Councell
           of
           War
           ,
           I
           shall
           not
           endeavour
           so
           much
           to
           evince
           by
           Authors
           (
           that
           being
           the
           proper
           work
           of
           the
           learned
           in
           Civil
           Lawes
           )
           but
           by
           such
           way
           as
           that
           which
           we
           call
           
             ius
             gentium
             ,
          
           is
           proved
           by
           common
           practice
           ,
           and
           strong
           reason
           .
        
         
           For
           the
           first
           I
           shall
           not
           need
           to
           bring
           any
           Forraign
           instances
           ,
           being
           before
           you
           whose
           experiences
           hath
           made
           this
           thing
           familiar
           to
           you
           ;
           and
           I
           beleeve
           you
           will
           agree
           with
           me
           ,
           That
           I
           am
           not
           onely
           the
           first
           Peer
           ,
           but
           the
           first
           Man
           ,
           tryed
           by
           a
           Court
           Martiall
           after
           Quarter
           given
           ;
           unlesse
           some
           matters
           
             ex
             post
             facto
             ,
          
           or
           subsequent
           to
           such
           Quarter
           ,
           brought
           them
           within
           he
           
             examen
          
           of
           such
           Court
           Martiall
           .
        
         
           And
           (
           as
           I
           am
           informed
           )
           upon
           the
           great
           Tryall
           of
           the
           Earle
           of
           
             Cambridge
             ,
          
           Lord
           
             Capell
             ,
          
           Earle
           of
           
             Holland
             ,
          
           &c
           that
           plea
           of
           Quarter
           being
           throughly
           urged
           ,
           it
           was
           onely
           avoyded
           upon
           this
           ground
           ,
           That
           it
           was
           no
           good
           Plea
           against
           a
           Civill
           Jurisdiction
           ,
           
           there
           being
           no
           colour
           of
           dispute
           ,
           but
           tacitely
           admitted
           &
           concluded
           ,
           that
           it
           was
           a
           good
           plea
           against
           a
           Military
           jurisdiction
           .
        
         
           And
           though
           the
           Lord
           
             Capell
          
           and
           Lord
           
             Gorings
          
           quarter
           seemed
           to
           have
           some
           advantage
           ,
           as
           being
           given
           by
           the
           Generall
           ,
           and
           by
           way
           of
           Articles
           ,
           yet
           that
           quarter
           given
           to
           the
           Earle
           of
           
             Cambridg
          
           was
           given
           him
           by
           a
           particular
           Captain
           ,
           and
           that
           quarter
           ,
           as
           quarter
           considered
           ,
           as
           strong
           as
           the
           other
           ,
           only
           both
           avoided
           by
           the
           civill
           jurisdiction
           in
           the
           high
           Court
           of
           Iustice
           .
        
         
           It
           being
           a
           rule
           in
           war
           ,
           that
           quarter
           hath
           as
           much
           force
           being
           given
           in
           action
           ,
           as
           Articles
           have
           in
           a
           Cessation
           ,
           both
           irreversible
           by
           any
           Military
           power
           .
        
         
           And
           though
           it
           may
           be
           a
           received
           opinion
           in
           politiques
           ,
           that
           no
           Generals
           or
           souldiers
           concessions
           should
           prejudice
           the
           States
           interest
           ,
           yet
           they
           shall
           be
           barrs
           to
           their
           owne
           power
           .
        
         
           I
           confesse
           I
           love
           the
           laws
           of
           Peace
           more
           then
           those
           of
           war
           ,
           yet
           in
           this
           case
           I
           must
           adhere
           to
           those
           of
           war
           .
        
         
           And
           I
           would
           only
           know
           ,
           whether
           a
           quarter
           was
           given
           me
           for
           a
           benefit
           to
           me
           ,
           or
           for
           a
           mischief
           ;
           it
           for
           a
           benefit
           ,
           I
           am
           now
           to
           have
           it
           made
           good
           ;
           if
           for
           a
           mischief
           ,
           then
           it
           destroys
           the
           faith
           of
           men
           in
           arms
           .
        
         
           And
           I
           have
           read
           this
           for
           a
           maxime
           of
           war
           ,
           that
           promisses
           made
           by
           Kings
           ,
           or
           States
           Commanders
           ,
           ought
           to
           be
           observed
           inviolably
           ,
           else
           there
           never
           will
           be
           any
           yeelding
           .
        
         
           And
           I
           shall
           lay
           this
           before
           you
           as
           a
           Rule
           ,
           that
           quarter
           given
           by
           the
           meanest
           souldier
           (
           if
           not
           forbidden
           )
           obliges
           as
           farr
           as
           if
           the
           Generall
           had
           done
           it
           .
        
         
           And
           I
           never
           read
           or
           heard
           ,
           that
           any
           Souldiers
           received
           to
           mercy
           ,
           were
           (
           after
           12
           howres
           respite
           )
           ever
           denied
           quarter
           ,
           or
           tryed
           by
           a
           Court
           Marshall
           .
        
         
           It
           may
           be
           objected
           then
           ,
           that
           it
           may
           rest
           in
           the
           power
           of
           no
           private
           souldier
           by
           giving
           quarter
           to
           pardon
           treason
           .
        
         
           To
           that
           I
           say
           ,
           I
           pleaded
           it
           not
           as
           an
           absolute
           pardon
           ,
           but
           as
           a
           barr
           to
           a
           Court
           Marshall
           .
        
         
           I
           shall
           infer
           further
           from
           conclusions
           of
           reason
           .
        
         
           The
           profession
           of
           a
           souldier
           hath
           danger
           enough
           in
           it
           ,
           and
           hee
           
           need
           not
           add
           any
           to
           it
           ,
           to
           destroy
           the
           right
           of
           arms
           .
           I
           am
           before
           you
           as
           a
           Court
           Marshall
           ,
           it
           may
           be
           all
           of
           you
           ,
           or
           most
           ,
           have
           in
           some
           action
           or
           other
           since
           these
           troubles
           began
           ,
           received
           quarter
           for
           your
           lives
           ,
           and
           would
           it
           not
           be
           hard
           measure
           that
           any
           Court
           Marshall
           should
           try
           you
           afterwards
           .
        
         
           If
           this
           quarter
           be
           foyled
           or
           nulled
           ,
           all
           the
           Quarter
           ,
           Articles
           ,
           termes
           or
           conclusions
           made
           since
           the
           warr
           began
           may
           be
           examinable
           by
           any
           subsequent
           Court
           Marshall
           ,
           nay
           ,
           by
           this
           the
           sword
           ,
           the
           Law
           of
           Armes
           ,
           all
           Millitary
           interest
           ,
           and
           your
           owne
           safety
           ,
           are
           judged
           and
           jeoparded
           as
           well
           as
           mine
           .
        
         
           But
           I
           shall
           not
           multiply
           ,
           presuming
           you
           will
           not
           judge
           by
           the
           laws
           of
           war
           ,
           in
           which
           capacity
           only
           you
           sitt
           ;
           and
           that
           you
           wil●
           in
           Religion
           and
           Iustice
           allow
           that
           plea
           which
           is
           universally
           ,
           even
           in
           all
           parts
           of
           the
           world
           allowable
           .
        
         
           If
           you
           are
           dissatisfied
           ,
           I
           pray
           that
           as
           an
           essentiall
           to
           Iustice
           I
           may
           have
           a
           Doctor
           of
           the
           Civill
           Law
           assigned
           mee
           ,
           or
           at
           least
           Liberty
           to
           produce
           their
           books
           and
           opinions
           .
        
         
           And
           that
           in
           the
           interim
           you
           suspend
           your
           sentence
        
         
           Touching
           my
           levying
           forces
           in
           the
           Isle
           of
           
             Man
          
           and
           invading
           
             England
             ,
          
           I
           might
           plead
           my self
           (
           and
           that
           truly
           )
           a
           stranger
           to
           all
           the
           Acts
           of
           Treason
           ,
           and
           in
           particular
           to
           the
           Act
           of
           the
           12th
           .
           of
           
             August
             ,
          
           —
           And
           that
           the
           Isle
           of
           
             Man
          
           is
           not
           particularly
           named
           in
           any
           of
           the
           Acts
           of
           Treason
           ,
           and
           not
           being
           particularly
           named
           ,
           those
           Acts
           reach
           not
           ,
           nor
           bind
           those
           of
           that
           Island
           ,
           —
           And
           in
           particular
           ,
           that
           I
           was
           in
           the
           Isle
           of
           
             Man
             ,
          
           when
           the
           last
           Act
           was
           made
           .
           And
           the
           Law
           looks
           not
           backwards
           ;
           —
           And
           whilst
           I
           was
           in
           
             England
             ,
          
           I
           was
           under
           an
           unlikelihood
           and
           unpossibility
           of
           knowing
           the
           new
           Acts
           ,
           which
           I
           leave
           to
           judgement
           .
           But
           because
           I
           have
           ,
           as
           to
           my
           Fact
           ,
           confessed
           and
           submitted
           to
           the
           Parliaments
           Mercy
           ,
        
         
           
             I
             do
             ,
             as
             to
             your
             Military
             power
             ,
             earnestly
             plead
             Quarter
             ,
             as
             a
             Bar
             to
             your
             further
             tryall
             of
             me
             .
             And
             I
             doubt
             not
             but
             you
             will
             deeply
             weigh
             a
             point
             so
             considerable
             ,
             both
             to
             your
             concernments
             and
             Consciences
             ,
             before
             you
             proceed
             to
             Sentence
             .
          
           
             And
             admit
             my
             Appeal
             to
             his
             Excellency
             the
             Lord
             Generall
             
               Cromwell
               ,
            
             on
             this
             single
             point
             .
          
        
         
           
             
             
               To
               the
               Right
               Honorable
               his
               Excellency
               the
               Lord
               Generall
               
                 Cromwell
                 .
              
               The
               humble
               Petition
               of
               
                 James
              
               Earle
               of
               
                 Derby
                 ,
              
               a
               Sentenced
               prisoner
               in
               
                 Chester
                 .
              
            
             
               
                 Shewing
                 ,
              
            
             
               THat
               it
               appeareth
               by
               the
               annexed
               what
               Plea
               your
               Petitioner
               hath
               urged
               for
               life
               ,
               in
               which
               the
               Court
               Marshall
               here
               were
               pleased
               to
               overrule
               him
               ,
               it
               being
               a
               matter
               of
               Law
               ,
               and
               a
               point
               not
               adjudged
               nor
               presidented
               in
               all
               this
               war
               :
               And
               the
               plea
               being
               only
               capable
               of
               appeal
               to
               your
               Excellency
               ,
               whose
               wisdome
               will
               safely
               resolve
               it
               ;
               and
               your
               Petitioner
               being
               also
               a
               prisoner
               to
               the
               High
               Court
               of
               Parliament
               in
               relation
               to
               his
               rendition
               of
               the
               Isle
               of
               Man
               .
            
             
               
                 
                   In
                   all
                   he
                   most
                   humbly
                   craves
                   your
                   Excellencies
                   Grace
                   ,
                   that
                   he
                   may
                   as
                   well
                   obtain
                   your
                   Excellencies
                   judgment
                   on
                   his
                   plea
                   ,
                   as
                   the
                   Parliaments
                   mercy
                   ,
                   with
                   your
                   Excellencies
                   favour
                   to
                   him
                   ,
                   and
                   he
                   shall
                   owe
                   his
                   life
                   to
                   your
                   Lordships
                   service
                   ,
                
              
               
                 And
                 ever
                 pray
                 ,
                 &c.
                 
                   DERBY
                   .
                
              
            
          
        
         
           To
           that
           objection
           ,
           that
           a
           private
           Officer
           cannot
           give
           quarter
           for
           life
           ,
           is
           oppose
           the
           constant
           customes
           of
           men
           in
           arms
           in
           all
           Nations
           ,
           and
           the
           particular
           warrant
           of
           the
           civill
           Law
           in
           that
           behalfe
           .
           One
           particular
           case
           was
           prest
           by
           his
           Lordship
           ,
           and
           presented
           to
           his
           Excellency
           the
           Lord
           Gen.
           
             Cromwell
             .
          
        
         
           
             
               A
               Case
               wherein
               six
               private
               Souldiers
               gave
               quarter
               to
               six
               thousand
               of
               the
               enemy
               ,
               among
               whom
               were
               the
               chiefest
               Officers
               of
               the
               enemies
               Army
               ,
               the
               Generall
               only
               excepted
               .
            
             
               IN
               the
               yeare
               16●1
               .
               The
               prince
               of
               
                 Orange
              
               being
               with
               the
               States
               Army
               at
               Bergen
               ap
               Zo●me
               ,
               to
               prevent
               the
               enemy
               of
               a
               designe
               of
               Landing
               in
               some
               part
               of
               Zealand
               ,
               or
               some
               of
               those
               lesser
               Islands
               that
               divide
               it
               and
               Holland
               ,
               the
               enemy
               being
               shrouded
               and
               distracted
               ,
               and
               so
               forc'd
               a
               shore
               ,
               half
               a
               dozen
               private
               Souldier
               of
               the
               Princes
               Army
               came
               to
               the
               place
               ,
               to
               whom
               6000
               and
               above
               gave
               themselves
               prisoners
               ;
               and
               the
               quarter
               was
               made
               good
               unto
               them
               ,
               and
               they
               allowed
               to
               their
               Ransomes
               by
               the
               Prince
               of
               
                 Orange
                 ,
              
               notwitstanding
               he
               was
               with
               his
               Army
               on
               a
               very
               hasty
               march
               ,
               with
               an
               intention
               to
               have
               cut
               them
               all
               off
               ,
               in
               regard
               there
               was
               no
               quarter
               given
               by
               Water
               ,
               nor
               any
               certaine
               ransome
               .
               In
               which
               businesse
               above
               three
               hundred
               Officers
               were
               prisoners
               .
               This
               Case
               is
               attested
               by
            
             
               
                 Foulcke
                 Houncks
                 .
                 The
                 .
                 Alcock
                 .
              
            
          
        
         
           Colonel
           
             Cromwell
          
           and
           Mr.
           
             Hugh
             Peters
          
           were
           present
           at
           this
           Action
           .
        
         
           
             
             
               Whereas
               further
               it
               has
               bin
               objected
               against
               the
               said
               Earl
               of
               
                 Derby
                 ,
              
               that
               he
               kild
               one
               Captaine
               
                 Bootle
              
               at
               the
               taking
               of
               
                 Boulton
              
               ;
               for
               his
               vindication
               ,
               from
               that
               imputation
               ,
               he
               produced
               an
               Affidavit
               of
               a
               man
               of
               good
               repute
               voluntarily
               taken
               before
               Doctor
               
                 Aylet
              
               in
               the
               Chancery
               ,
               in
               the
               year
               1647.
               as
               followeth
               .
            
             
               
                 PEter
                 Cropper
              
               of
               Bickerstaffe
               in
               the
               County
               of
               Lancaster
               Gentleman
               ,
               maketh
               Oath
               ,
               That
               about
               the
               latter
               end
               of
               the
               Month
               of
               
                 May
                 ,
              
               in
               the
               year
               1644.
               at
               the
               time
               when
               Prince
               
                 Rupert
              
               took
               the
               Town
               of
               Bolton
               in
               Lancashire
               ,
               by
               assault
               ;
               he
               this
               Depone●t
               ,
               being
               there
               present
               ,
               saw
               the
               now
               Earle
               of
               
                 Derby
              
               neer
               unto
               the
               Cross
               in
               Bolton
               ;
               and
               it
               being
               rumored
               then
               ,
               that
               the
               said
               Earle
               had
               slaine
               one
               
                 Bootle
                 ,
              
               that
               had
               bin
               once
               his
               Porter
               ,
               he
               looked
               and
               saw
               the
               said
               
                 Bootle
              
               wounded
               ,
               but
               not
               dead
               ;
               and
               soon
               after
               ,
               one
               Col.
               
                 Clifton
                 ,
              
               since
               deceased
               ,
               standing
               by
               ,
               with
               his
               sword
               ran
               the
               said
               
                 Bootle
              
               through
               once
               or
               twice
               ,
               saying
               ,
               If
               thou
               have
               not
               enough
               ,
               thou
               shalt
               have
               more
               ,
               or
               words
               to
               that
               effect
               ;
               upon
               which
               the
               said
               
                 Bootle
              
               fell
               down
               dead
               ;
               and
               he
               further
               saith
               ,
               that
               this
               killing
               of
               the
               said
               
                 Bootle
                 ,
              
               was
               above
               an
               hour
               before
               the
               said
               Town
               was
               taken
               ,
               or
               any
               generall
               Quarter
               given
               ;
               for
               that
               the
               Princes
               Souldiers
               did
               pursue
               those
               in
               the
               Town
               above
               an
               houre
               after
               the
               said
               
                 Bootles
              
               death
               ,
               before
               they
               ceased
               ,
               and
               gave
               Quarter
               .
            
             
               
                 
                   In
                   the
                   presence
                   of
                
                 Edward
                 Stockley
                 
                   Gentleman
                   .
                
              
               
                 Peter
                 Cropper
                 ,
              
            
             
               
                 
                   Jurat
                
                 12
                 
                   die
                   May
                
                 1647.
                 
              
               
                 
                   ROB.
                   AYLET
                   .
                
              
            
          
        
         
           Besides
           this
           ,
           a
           Gentleman
           of
           Honour
           and
           Repute
           ,
           Colonell
           
             Russell
             ,
          
           attested
           voluntarily
           before
           his
           Excellency
           the
           Lord
           Generall
           ,
           that
           the
           Earle
           of
           
             Derby
             ,
          
           at
           the
           taking
           of
           Bolton
           charged
           with
           Prince
           
             Ruperts
          
           Life-guard
           ,
           who
           entred
           the
           Town
           next
           to
           the
           Forlorn
           hope
           ,
           and
           that
           Quarter
           was
           not
           given
           of
           an
           hour
           and
           half
           after
           ;
           so
           that
           if
           the
           Earl
           of
           
             Derby
          
           killed
           
             Bootle
             ,
          
           it
           must
           needs
           be
           in
           the
           height
           of
           the
           storm
           ,
           
             Bootle
          
           being
           killed
           at
           the
           first
           entrance
           .
        
         
           Upon
           the
           whole
           is
           is
           submitted
           to
           his
           Excellency
           the
           Lord
           Generall
           ,
           and
           the
           Councell
           of
           the
           Army
           ,
           whether
           the
           Earle
           of
           
             Derby
          
           being
           a
           prisoner
           of
           war
           ,
           after
           quarter
           given
           by
           a
           Capt.
           of
           the
           L.
           Gen.
           own
           Regiment
           ,
           may
           be
           Sentenced
           to
           death
           by
           a
           Court
           Martiall
           .
        
         
           FINIS
           .