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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A70729 Observations vpon the Earle of New-Castles Declaration 1643 (1643) Wing O116; ESTC R12525 7,830 16

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OBSERVATIONS Vpon the EARLE OF NEW-CASTLES DECLARATION LONDON Printed in the yeare 1643. OBSERVATIONS upon The Earle of Newcastles LATE DECLARATION IT is no new thing though it was never so frequented as now for Incendiaries to accuse the innocents as disturbers of the publick tranquillity of the Countrey Observation It is well your pen goes on so farre without particulars perhaps you expect an application from us and you shall have it you say for Incendiaries to accuse innocents was never so frequent as now you say true for you have laid on the bias in this so even as the accusation will draw as well towards you as us so as it is no new thing for the Earle of Newcastle to accuse the Lord Fairfax Sr. Iohn Hotham and the rest of our worthies as in his former Proclamations and warrants appeare accusing them for disturbing the Countries tranquility when indeed it is his own hee meanes wrapping the peace of his Army cunningly in the name of the Countrey Declaration The Roman was angry that his neighbour should defend himselfe and my Lord that I should protect his Majesties good subjects Observation He is not angry that you defend your selfe so you defend not your selfe against the justice of Parliament nor that you should protect His Majesties good subjects so that the subjects were good you protected not Papests not delinquents not the malignants of the Countrey Declaration Neither is the Lord Fairfax able to bring any one particular instance to make good his generall calumniations Observation Here is a whole leafe spent in vindication and after much adoe hee hath at length taken great paines to excuse himselfe into as much offence as hee stands charged with for had hee said lesse the reader perhaps had believed more Apologies having ever laid on more than they took off and it is alwayes a mistake in the guilty that they think they have never said enough unlesse they say two much for particular instances we shall render a whole catalogue of Barbarisme and inhumanity as your vast and arbitrary impositions your cruell imprisonments your stripping many good people naked and so turning them forth Declaration The Lawes are indeed an excellent standard and measure of Iustice but when they become spiders webbs to entangle some and let others thorow and when some men must observe Law and others bee free from all Law Observation The Lawes indeed are an excellent c. I would your Lordships Judgement and practice could bee reconciled and that you would not any more offend against so great a light and conviction for the more you admire the Lawes the more you condemne your selfe in the breach of them for your instance of the spiders web it sutes wel with your book which is not only a net-work of wi● to catch the light opinions but a poyson to venome them When some men you say most observe Law and others bee free you would seem to argue the Parliament into a strange delinquency as if they broke all Lawes themselves and yet enjoyned an obedience to others but you mistake the Lawes and distinguish not betwixt the primae and the primis ortae the Lawes of Parliament and the Lawes in Parliament or made there for these latter they are dispensable by ordinance and a fundamentall power and a Parliament cannot in that capacity transgresse so as private men nay as themselves when out of that capacity and become private for in Parliament a man sits as a Law-maker out of it as a Law-observer and had your Lordship kept your seate there and not deserted the Kingdome or derived your power from thence and not from personall commands you had then been also a Law-maker whereas now you are a Law-breaker Declaration If I by Beelzebub cast out devills by whom doe your children cast them out c. So say I if I be a delinquent for raising defensive armes by vertue of His Majesties Commission with whom alone the power of the Militia is entrusted c. What is the Lord Fairfax Observation For the text you tell us of if I by Beelzebub c. I cannot call it a quotation but a plundering of Scripture for your own advantage and you that would make God speake in so common a businesse may find him silent in a more serious occasion for the case of the Militia I referre you to the Parliaments Declarations who have more ably righted themselves than you can wrong them for His Majesties authority we should easily submit were it rightly stated and dispensed for he is a Kingdomes not yours he is a Parliaments not a privadoes if one should shew the Kings Seale and had stollen the Signature you would soon deny his power so you shew us the Kings authority and we answer that you came not rightly to it and the Iustice you pretend is as if you should take the Scepter and knock your fellow Subjects in the head with i● for justice from a private hand is but revenge and though the Scepter be sacred in the Kings hand yet not when you guide the stroake Declaration Let him shew but any one particle of known Law Statute or Common which I have violated Observation An unheard off impudent challenge against clear experience his gathering force his arming of Papists his Plundering his boundlesse taxes are these against no known Law his forcing elections of Mayors as the Mayor of York contrary both to Lawes and Customes but what meanes hee by this known Law a law known only to himselfe and the rest or to the law-dispensers the Iudges or to the Parliament which is able to make the Law best known whose interpretation must needs carry a more irrepealable and publike cognizance being the very Court where the Law took being Declaration Either for a Company of far fetcht dreare bought principles drawn without Art or Iudgment by factions or unskilfull persons out of the law of nature or nations as a Lesbianrule to serve their ambitious ends Observation It seemes by this you are angry at our Laws of Nature and Nations calling them in the leafe before Lawes in the Cloudes what are you angry that wee have yet a Law reviving which you cannot force or wound and that our fundamentalls should be hid so deep that you should not bee able to root them out it had been a sad mis-fortune had wee had no other principles left us but what such hands as yours might have pull'd from us Declaration Or for Arbitrary government which knowes no bounds or limits but the will of head strong discontented persons Observation For the calumny of Arbitrary government cast on the Parliament this is an old trick to bring a Parliamentary power into equall contempt with the privadoes but you can hardly perswade the people that this Arbitrary power in the Parliament can be such as can hurt the people as if the Kingdom would destroy it selfe and that publike councells should be totally biassed with private interests this is as difficult to believe