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A78599 The charge and articles of high-treason exhibited against the Earl of Derby, at a councel of war in the city of Chester, with his tryal & examination; his speech at the councel table, and his declaration and propositions touching the surrender of the Isle of Man. Also, the Parliaments resolution concerning Major Gen. Massey: and the examination and confession of Mr. Sandwitch, the King of Scots trumpeter, who was taken at Hallifax in York-shire, on Wednesday last. With his narrative and declaration touching his master. Shewing the manner how he escaped from Hallifax disguised. 1651 (1651) Wing C2047; Thomason E641_18; ESTC R206739 4,783 9

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THE CHARGE AND Articles of High-Treason EXHIBITED AGAINST The Earl of Derby At a Councel of War in the City of CHESTER WITH His Tryal Examination his Speech at the Councel Table and his Declaration and Propositions touching the surrender of the Isle of Man ALSO The Parliaments Resolution concerning Major Gen. Massey And the Examination and Confession of Mr. Sandwitch the King of Scots Trumpeter who was taken at Hallifax in York-shire on Wednesday last With his Narrative and Declaration touching his Master Shewing the manner how he escaped from Hallifax disguised London Printed for George Horton 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 Laucashire 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 persous 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 demenstration whereof followeth A seasonable Declaration and Remonstrane to the People THat when a Child of God dies though his death be never so unnatural and violent yet it is nothing else but a falling asleep Or the death of a Child of God though stoned to death though burnt to ashes though it be never so violent and unnatural is nothing else but a falling asleep When he had said this he fell asleep Somnus est mortis imago Sleep is the image of death There are many notable resemblauces betwixt sleep and death some of which I shall speak unto at this time First Sleep is common to all men there is no man can live without sleep So it is true of death death is common to all it is appointed for all men once to die And therefore David said He was to go the way of all flesh Statum est omnibus semel mori Omnibus est calcanda semel lethi via All men must sleep the sleep of death or else be changed which is a metaphorical death 2. As sleep ariseth from the vapours that ascend from the stomach to the head and tie the senses and hinder their operations so death came into the world by Adams eating the forbidden fruit and by the poysonful vapour of sin that brought death upon him and all his posterity By one man sin entred into the world and death by sin and so death passed upon all men for that all have sinned Rom. 5.12 Had Adam never sinned Adam should never have died But in Illo die said God In that day thou eatest the forbidden fruit thou shalt die the death Sin brings omnimodam mortem all kinds of death it brings death temporal death spiritual and death eternal 3. As a man when he goeth to sleep puts off his Clothes and goeth naked into bed so it is with us when we come to die we came naked into the world and we must go naked out of the world as we brought nothing with us into the world so we must carry nothing with us out of the world and therefore death in Scripture is called nothing else but an uncloathing of our selves 2 Cor. 5.4 Death to a Child of God is nothing else but the putting off his Clothes Beloved when we come to die we shall be stript naked of three things 1 We shall be stript naked of all our worldly honour riches and greatness 2 We shall be stript naked of our Bodies And 3 Which is above all we shall be stript naked of our sins and that is the happiness of a Child of God he shall put off not only his mortal body but the body of sin 4 In the fourth place observe as no man knoweth the time when he falls asleep a man falls asleep before he is aware so no man can tell the certain time when he must die There is nothing so certain as that we must die nothing so uncertain as the time when we shall die Death comes suddenly even as sleep comes upon a man before he is aware 5 Observe as Children and Infants because they do not know the benefit of sleep are very loath to go to sleep many times the Mother is fain to whip the Child to bed even so it is with most of Gods people because they do not study the benefit of death 6 Observe as when a man is fast
asleep he is free from cares and troubles let it thunder as it thundred not long since as you know yet a man that is fast asleep while he is asleep he heares it not let the house be on fire while the man is asleep he sees it not neither is he troubled at it So when a Child of God sleeps the sleep of death he doth not feel nor is he sensible of any of the calamities or sad providences of God upon the earth 7 When a man goeth to sleep he goeth to sleep but for a certain time in the morning he awakes out of sleep So it is with the sleep of death and therefore death is called a sleep because we must all awake in the morning of the Resurrection 8 Sleep is a great refreshing to those that are weary and sick and when the sick man awakes he is more lively and chearful then he was when he fell asleep and therefore sleep is called Medicus laberum redintegrasio virium recreator corporum The great Physician of the sick body the redintegration of mans spirits the reviver of the weary body And so it is with death when Gods people awake out of the sleep of death they shall be made active for God then ever they were before when you lie down in the grave you lie down with mortal bodies It is sown a mortal body but it shall rise up an immortal body it is sown in dishonour but it shall rise up in honour it is sown a natural body but it shall rise up a spiritual body 9 As in the morning when we arise out of our beds we then put on our Clothes So in the morning of the Resurrection we shall put on a glorious body like to the glorious body of Jesus Christ we shall put on Stolam immortalitatis the Garment of immortality 10 As no man when he layeth him down to sleep knoweth the direct time when he shall awake so no man can tell when the resurrection shall be They do but couzen you who say that the general Resurrection shall be such or such a year for as no man can know the minute when he shall awake out of his natural sleep no more can any man know when we shall arise from the sleep of death 11 It is a very easie thing to awake a man out of sleep it is but jogging of him and you will quickly awake him 1. As when a man ariseth in the morning though he hath slept mary hours nay suppose he could sleep 20 years together yet notwithstanding when he awakes these 20 years will seem to be but as one hour unto him So it will be at the day of judgement all those that are in their graves when they awake it will be tanquam somnus unius horae but as the sleep of an hour unto them Lastly and most especially as sleep seizeth only upon the body and the outward senses but doth not seize upon the soul the soule of man is many times most busie when the man is asleep And God hath heretofore revealed most glorious things to his Children in dreams when they have been sleep God appeared unto Abraham and many others in dreams the body sleeps but the soul awakes a So it is with the sleep of death the body that dies but the soul doth not die If ever you would sleep an happy sleep in death then labour to work hard for Heaven while you live On how delightful is sleep to a weary man When a man hath taken pains all the day as the Traveller that hath travelled all the day or the Plough man that hath been at work all the day how quietly how soundly doth he sleep in the night O Beloved If ever you would sleep an happy sleep at death then labor to work out your salvation with fear and trembling and give all dilligence to make your Calling and Election sure The more you labor for Heaven the better the sweeter will your sleep be when you come to die And remember this That as much sleeping in the day time will hinder a mans sleep at night So you that idle away the time of your providing for heaven in this your day you that sleep away the minute upon which eternity doth depend you will take a sad sleep when deach seizeth upon you Sin is such a sleep as brings the sleep of death Sin brings the first death and sin brings the second death all miseries whatsoever are the Daughters of sin If you would sleep an happy sleep and have an happy awakening at the Resurrection then take heed of the sleep of sin Awake thou that sleepest arise from the dead and Jesus Christ shall give thee life By Letters from York shire on Saturday night last it is advertised that divers of the Gentry and Officers that escaped from the late fight at Worcester with Charles Stuart were apprehended on the 17th instant in Hallifax and amongst the rest Mr. William Sanditch the King of Scots Trumpeter who upon examination confessed That his Master with the Duke of Buckingham Scout-master Gen Hind the great Robber and six more made an escape about 3 of the clock in the morning and being asked in what habit he used to attire himself in this his forlorn Pilgrimage He answered That he changed his Apparel every other day sometimes riding in a gray suit sometimes in black and sometimes in Buff Then Col Lassels asked him how he could procure all these He replyed by the meanes of Scoutmaster Hind who not only did this but also procured fresh Horse every day as occasion required And the Trumpeter further declared That his Master had disguised his hair and had cut off his black Lock The Collonel replyed A fair Omen for his head But after some time spent in examination of him and others they were all committed to safe custody till the further pleasure of the Parliament be known therein Major Gen. Massey is ordered by the Parliament of England to be tryed by a Councel of War at London but as yet he remains at Leicester in a very weak condition The Earl of Cleaveland and the Lord Lauderdale now prisoners in the Tower of London its probable will be tryed by a High Court of Justice As they passed along Cornhill in their Coaches with a Guard of Horse the Earl of Lauderdales Coach made a stand near the Conduit where a Carman gave his Lordship a visit saying O my Lord you are welcome to London I protest off goes your head as round as a Hoop But his Lordship put off this fatal Complement only with a laughter and so they passed along to the Tower FINIS