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            <title>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 &amp; 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.</title>
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               <date>1651</date>
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                  <title>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 &amp; 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.</title>
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               <term>Derby, James Stanley, --  Earl of, 1607-1651.</term>
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            <p>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 &amp; Examination; his Speech at the Councel Table, and his Declarati<g ref="char:EOLhyphen"/>on and Propoſitions touching the ſur<g ref="char:EOLhyphen"/>render of the Iſle of <hi>Man.</hi>
            </p>
            <p>ALSO, The Parliaments Reſolution concerning Ma<g ref="char:EOLhyphen"/>jor Gen. <hi>Maſſey:</hi> And the Examination and Con<g ref="char:EOLhyphen"/>feſſion of Mr. <hi>Sandwitch,</hi> the King of <hi>Scots</hi> Trumpe<g ref="char:EOLhyphen"/>ter, who was taken at <hi>Hallifax</hi> in <hi>York-ſhire,</hi> on <hi>Wedneſday</hi> laſt. With his Narrative and De<g ref="char:EOLhyphen"/>claration touching his Maſter. Shewing the manner how he eſcaped from <hi>Hallifax</hi> diſguiſed.</p>
            <p>
               <hi>London,</hi> Printed for <hi>George Horton,</hi> 1651.</p>
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            <pb facs="tcp:173123:2"/>
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            <head>THE Charge and Articles OF <hi>HIGH-TREASON</hi> AGAINST <hi>The</hi> Earl <hi>of Derby, with the Tryal, ex<g ref="char:EOLhyphen"/>amination, and Confeſsion, on Tueſday and Wedneſday, before a Court-Marſhal at Cheſter.</hi>
            </head>
            <div type="trial_narrative">
               <p>UPon the 16th of this inſtant moneth, by an extraordinary Meſſenger from <hi>Cheſter</hi> it is advertized, That the Earl of <hi>Derby</hi> was brought before the Court-Marſhal, conſiſting of Col. <hi>Duckenfield</hi> and 15 Commiſſion-Officers, where the Judge Advocate brought in, and read the Charge a<g ref="char:EOLhyphen"/>gainſt him, conſiſting of High-Treaſon, <hi>viz.</hi>
               </p>
               <p n="1">1. That he had in a moſt traiterous and hoſtile manner, been aiding, abetting, and aſſiſting to <hi>Charles Stuart</hi> (Son to the late Tyrant.)</p>
               <p n="2">2. That he had held correſpondency and confederacy with the ſaid
<pb n="2" facs="tcp:173123:3"/>
                  <hi>Charles Stuart,</hi> and his accomplices; and to the utmoſt of his power, indeavoured the ſubverſion and extirpating of this preſent Govern<g ref="char:EOLhyphen"/>ment; as alſo the violating and aboliſhing the Law and Diſcipline, ſo happily by them eſtabliſhed.</p>
               <p n="3">3. That he had trayterouſly indeavoured to involve this <hi>NATION</hi> in another bloody and inteſtine War, by iſſuing forth and ſending War<g ref="char:EOLhyphen"/>rants in <hi>Laucaſhire,</hi> and ſummoning in the people to a Randevouz.</p>
               <p n="4">4. That he had moſt traiterouſly appeared in the head of a party, both in <hi>Cheſhire, Lancaſhire,</hi> and other places within this Nation, and granted Commiſſions, ſigned <hi>C. R</hi> [being a ſignal uſed by the grand e<g ref="char:EOLhyphen"/>nemy of this Common-wealth] to divers Gentlemen, Papiſts, and o<g ref="char:EOLhyphen"/>thers, for the raiſing of forces againſt the Parliament, <hi>&amp;c.</hi> 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, contra<g ref="char:EOLhyphen"/>ry 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 receiv<g ref="char:EOLhyphen"/>ed.</p>
               <p>After which Col. <hi>Duckenfield</hi> and the reſt of the Councel, proceeded to examination, and ſtated the matters of fact, conſiſting of High-Trea<g ref="char:EOLhyphen"/>ſon; 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.</p>
               <p>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: There<g ref="char:EOLhyphen"/>fore 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 Ordi<g ref="char:EOLhyphen"/>nances thereof. An evident demenſtration whereof followeth.</p>
            </div>
            <div type="excursus_on_death_and_soul-sleep">
               <pb n="3" facs="tcp:173123:3"/>
               <head>A ſeaſonable Declaration and Remon<g ref="char:EOLhyphen"/>ſtrane to the People.</head>
               <p>
                  <hi>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.</hi> 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, <hi>When he had ſaid this, he fell aſleep;</hi>
               </p>
               <p>
                  <hi>Somnus eſt mortis imago,</hi> 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.</p>
               <p>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 <hi>appointed for all men once to die:</hi> And therefore <hi>David</hi> ſaid, He was to go the way of all fleſh, <hi>Statum eſt omnibus ſemel mori, Omnibus eſt calcanda ſemel lethi via,</hi> All men muſt ſleep the ſleep of death, or elſe be changed, which is a metaphorical death.</p>
               <p n="2">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 <hi>Adams</hi> eating the forbidden fruit, and by the poyſonful vapour of ſin, that brought death upon him, and all his poſte<g ref="char:EOLhyphen"/>rity. <hi>By one man ſin entred into the world, and death by ſin, and ſo death paſſed upon all men, for that all have ſinned,</hi> Rom. 5.12. Had <hi>Adam</hi> ne<g ref="char:EOLhyphen"/>ver ſinned, <hi>Adam</hi> ſhould never have died: But <hi>in Illo die,</hi> ſaid God. <hi>In that day thou eateſt the forbidden fruit thou ſhalt die the death,</hi> Sin brings <hi>omnimodam mortem, all kinds of death; it brings death temporal, death ſpi<g ref="char:EOLhyphen"/>ritual, and death eternal.</hi>
               </p>
               <p n="3">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; <hi>we came naked into the world, and we muſt go naked out of the world;</hi> as we brought no<g ref="char:EOLhyphen"/>thing 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 <hi>Cor.</hi> 5.4. Death to a Child of God is nothing elſe but the putting off his Clothes.</p>
               <p>Beloved, when we come to die we ſhall be ſtript naked of three things.</p>
               <p n="1">1 We ſhall be ſtript naked of all our worldly honour, riches and greatneſs.</p>
               <pb n="4" facs="tcp:173123:4"/>
               <p n="2">2 We ſhall be ſtript naked of our Bodies: And</p>
               <p n="3">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.</p>
               <p n="4">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:</p>
               <p n="5">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:</p>
               <p n="6">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 provi<g ref="char:EOLhyphen"/>dences of God upon the earth:</p>
               <p n="7">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:</p>
               <p n="8">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 <hi>Medicus laberum, re<g ref="char:EOLhyphen"/>dintegrasio virium, recreator corporum,</hi> 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; <hi>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:</hi>
               </p>
               <p n="9">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 <hi>Jeſus Chriſt,</hi> we ſhall put on <hi>Stolam immortalitatis,</hi> the Garment of immortality:</p>
               <p n="10">10 As no man when he layeth him down to ſleep, knoweth the di<g ref="char:EOLhyphen"/>rect
<pb n="5" facs="tcp:173123:4"/>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 Reſur<g ref="char:EOLhyphen"/>rection ſhall be ſuch or ſuch a year; for, as no man can know the mi<g ref="char:EOLhyphen"/>nute when he ſhall awake out of his natural ſleep, no more can any man know when we ſhall ariſe from the ſleep of death.</p>
               <p n="11">11 It is a very eaſie thing to awake a man out of ſleep, it is but jog<g ref="char:EOLhyphen"/>ging of him and you will quickly awake him.</p>
               <p n="1">1. As when a man ariſeth in the morning, though he hath ſlept mary hours; nay, ſuppoſe he could ſleep 20 years together, yet notwith<g ref="char:EOLhyphen"/>ſtanding, 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 <hi>tanquam ſomnus unius horae,</hi> but as the ſleep of an hour unto them.</p>
               <p>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 here<g ref="char:EOLhyphen"/>tofore revealed moſt glorious things to his Children in dreams, when they have been ſleep; God appeared unto <hi>Abraham</hi> 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.</p>
               <p>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 dilli<g ref="char:EOLhyphen"/>gence 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.</p>
               <p>If you would ſleep an happy ſleep, and have an happy awakening at the Reſurrection, then take heed of the ſleep of ſin, <hi>Awake thou that ſleepeſt, ariſe from the dead, and Jeſus Chriſt ſhall give thee life.</hi>
               </p>
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               <pb n="6" facs="tcp:173123:5"/>
               <p>By Letters from <hi>York ſhire</hi> on <hi>Saturday</hi> night laſt it is advertiſed, that divers of the Gentry and Officers that eſcaped from the late fight at <hi>Worceſter</hi> with <hi>Charles Stuart,</hi> were apprehended on the 17th inſtant in <hi>Hallifax:</hi> and amongſt the reſt <hi>Mr. William Sanditch</hi> the King of <hi>Scots</hi> Trumpeter, who upon examination confeſſed, That his Maſter, with the Duke of <hi>Buckingham,</hi> Scout-maſter Gen: <hi>Hind,</hi> 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 <hi>Buff:</hi> Then Col: <hi>Laſſels</hi> asked him how he could procure all theſe, He replyed, by the meanes of Scoutmaſter <hi>Hind,</hi> 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. <hi>A fair Omen for his head:</hi> 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.</p>
               <p>Major Gen. <hi>Maſſey</hi> is ordered by the Parliament of <hi>England,</hi> to be tryed by a Councel of War at <hi>London;</hi> but as yet he remains at <hi>Lei<g ref="char:EOLhyphen"/>ceſter</hi> in a very weak condition:</p>
               <p>The Earl of <hi>Cleaveland</hi> and the Lord <hi>Lauderdale</hi> now priſoners in the Tower of <hi>London,</hi> its probable will be tryed by a High Court of <hi>Juſtice:</hi> As they paſſed along <hi>Cornhill</hi> in their <hi>Coaches</hi> with a Guard of <hi>Horſe,</hi> the Earl of <hi>Lauderdales Coach</hi> made a ſtand near the <hi>Conduit,</hi> where a <hi>Carman</hi> gave his Lordſhip a viſit, ſaying, <hi>O my Lord, you are welcome to London, I proteſt off goes your head, as round as a Hoop:</hi> But his Lordſhip put off this fatal Complement only with a laughter, and ſo they paſſed along to the <hi>Tower:</hi>
               </p>
            </div>
            <trailer>FINIS.</trailer>
            <pb facs="tcp:173123:5"/>
         </div>
      </body>
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