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 [Page 2] 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 [Page 5]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.

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