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A53067 The answer of His Excellency the Earle of Newcastle, to a late declaration of the Lord Fairefax dated the 8. of June, 1643. Newcastle, William Cavendish, Duke of, 1592-1676. 1643 (1643) Wing N874A; ESTC R218650 8,641 26

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THE ANSWER OF HIS EXCELLENCY The EARLE of NEW CASTLE To a late Declaration of the Lord FAIREFAX Dated the 8. of June 1643. Printed at York by Stephen Bulkley 1643. By speciall Command The Answer of his Excellency the Earle of New-Castle to a Declaration of the Lord Fairefax c. WHen I received notice lately of a Declaration Dated the eight of this Moneth made by the Lord Fairefax intitling himselfe untruely and contrary to his own Conscience Lord Generall for all the Northerne Forces for King and Parliament I could not choose but wonder either at the strength of his imagination to fancy such a Government to himselfe in His Majesties Dominions without His Royall Assent especially knowing himselfe to be Proclaimed a Rebell for such Trayterous courses or rather at his deep subtilty under the pleasant bait of His Majesties pretended Authority to hide the cursed hooke of Perjury and Rebellion and by the sight of this counterfeit Flagge to seduce His Majesties good Subjects contrary to their Oaths of Allegiance and late Protestation from their bounden Obedience to detestable Faction and Treason or howsoever presumptuously to profane His Royall name to the raising and fomenting an unnaturall Warre in the bowels of His owne Kingdome directly against His Sacred Person Crown and Dignity Without a Commission under His Majesties broad Seale he may be as he is indeed an Usurper and latruder into power for which he and all his Adherents are obnoxious to His Majesty and the Law in the high crime of Rebellion but cannot justly nor with any Colour of reason stile himselfe Generall to the King and Parliament The very counterfeiting of this power without the true owner leave and against his expresse Command doth evidently shew That he knows he can have no Military Power without His Majesty much lesse against His Majesty As it is the hearty desire and prayer of all true Englishmen that they may speedily see a blessed conjunction of King and Parliament so we cannot but take notice That they who joyne them together in their Titles and Pretenses are they and onely they that divide them and sever them in their actions and retard our hopes of an happy Union partly by thrusting us into reall mischiefs for fear of fictitious and imaginary dangers and partly by opposing a sound and satisfying Accommodation But perhaps it will be said Though he make bold with the King yet he derives a good Authority from the Parliament When the two Houses are legally Assembled in a place free from Tumults whither all the Members may repaire with safety and Vote freely without prejudice feare or faction then they are venerable Assemblies but at the best neither have nor ever had without His Majesties concurrence a power to raise Arms or create Generalls or order the Militia of the Kingdom England did never see such an Example such a President never heard of such a Challenge of Military Supremacy made by the two Houses without the King either in cases ordinary or extraordinary before the beginning of these pernicious distractions All the Orders of this Kingdome assembled in Parliament upon mature deliberation in a case extraordinary sitting the Parliament have disclaimed this power and plainly acknowledged That it is an essentiall and inseparable Flower of the Crown That it belongs solely to His Majesty To defend force of Armour at all times when it shall please him and to punish them that shall doe contrary and that the Prelates Earles Barons Commonalty are bound to aide him as their Soveraigne Lord at all seasons when need shall be Where the very Title is so apparently untrue supposititious what truth can be expected in the body of the writing The first subject of his Declaration are the Prisoners taken at Seacroft Surely he had great reason to have expressed himselfe more forward for the Redemption of those poore seduced Persons then hitherto he hath done who without any Authority on his part or Obligation on their part did hazard both their bodyes and Soules meerly to do him service He pleads for them that They had quarter promised them that contrary to the Rules of Christianity Charity the Laws of this Land and the Law of Arms they have been deteined in durance It is true they had Quarter given them not out of any favour to their Rebellious courses but out of Pitty to their Persons and their misled seduced simplicity in hope that when their eyes were opened they would returne to their former Loyalty but I never heard that they had any Quarter promised or that there was any Treaty held or any Covenants proposed or condiscended unto but a free and absolute submission of themselves So the sole and single ground of this invective Declamation hath no more truth in it then the Title We are now told of Christian Charity But where was the consideration of this Christian Charity when the accord made at Rothwell with his own consent was perfidiously broken the observation whereof had saved the effusion of so much Christian Blood and prevented so many Murthers Robberies Imprisonments of his Majesties Loyall Subjects onely for keeping their Faith and Allegiance unstained and their Oathes inviolated These men desire to be objects of Christian Charity not Subjects they would have this grace looke towards them but not from them or otherwise they would be ashamed to ruine so many thousands of their Neighbours and Fellow Subjects and yet talke of Christian Charity as if it were a Topicall Argument not a Theologicall virtue His next stalking horse is the Law of the Land I would gladly know where that Law is written which allowes any Liberty or Privilege to a Subject who is taken in actuall Rebellion against his Lawfull Soveraigne If he and his Adherents have no favour but what the Laws of this Land do afford them they must expect releife in another world upon their repentance Neither will the Law of Arms help him It is a confessed truth that there is no Law of Arms but onely between such as have a power of Arms lawfully invested in them The Law of Nations doth except a Subject from pleading the Law of Arms against his Prince or against any Authority derived from his Prince But he saith further They have been deteined in such durance and under such Tyranny as there is about an 100 of them dead and about 200 of them made so sick and weake as they are not likely to recover and to the rest of them all necessary refreshments are denyed with intention to reduce them also to the like wretched state and so in time to destroy them all This and the like expressions conteined in this Paper being so publickly cast upon the Officers of this Army under my command must of necessity reflect upon my selfe which hath increased my desire to understand the certainty of these particulars which being known may be a good caution to his Lordship hereafter to take heed how he builds his groundlesse confidence which