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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90057	A declaration of the Right Honourable the Earle of Newcastle His Excellency, &c in answer of six groundlesse aspersions cast upon him by the Lord Fairefax, in his late warrant bearing date Feb. 1642.	Newcastle, William Cavendish, Duke of, 1592-1676.; Fairfax, Ferdinando Fairfax, Baron, 1584-1648.	1643 (1643)	Wing N882; Thomason E92_17; ESTC R13716	7,933	13

disciplinarian● for malignants and your Anabaptists again your Brownists c. Thirdly you charge me to have invaded this County of York An insolent and presumptuous Challenge Can the Kings Forces be said to make an Invasion in His own Dominions The second blow may be said to make the fray but it is the first that makes the Invasion Say in good earnest Did not your Forces first make Inrodes into the Bishoprick of Durham under my charge where they had no pretence of employment Did they not rob and plunder sundry of His Majesties liege people at Darnton in such cruell manner that the prime Officer of the Town died of grief within three or four dayes Did they not give an assault upon Piers-bridge to their losse And when I come to chastise these Intruders can it be called an Invasion Neither did I then set foot into this County but upon the earnest solicitation and intrerty of the prime Nobility and Gentry of York-shire to secure them from your violence and oppression If Protection be Invavasion then this is Invasion I could nourish little hopes that these restlesse spirits who could not be bounded within their own calling would be contained within the limits of a County Or that they would spare me any longer then untill they had fully subdued their Neighbours and fellow Subjects at home Neither could I have been ever able to have given an Account to His sacred Majesty for such an unpardonable omission if being Armed by His goodnesse with sufficient power to represse such tumultuous disorders I should see before mine eyes His loving and loyall Subjects trampled upon by His and their Enemies in His Cause and for His sake and whilest they seek to me for succour I should be wanting in my Duty to my dread Soveraign and my necessary assistance to them All this while the Lincoln-shire Forces are quite forgotten they were Brethren no Invaders The fourth Charge ariseth yet higher For killing and destroying some numbers of the Religious Protestant Subjects Where did ever my Forces kill one man who did not take up Arms against us or was not ready to have killed us first if he could The weight of guiltlesse blood is more heavy then a mountain The stain thereof not to be washed out with all the water in the Ocean but onely by the tears of Repentance and the blood of Christ This weight and guilt of blood shall lie heavy upon the heads of those men and of their seed after them who have been the authors and fomentors of these horrid distractions when Peace shall be upon the head of our Soveraign and His Seed and His Throne for ever They that take Sword without lawfull calling shall perish by the Sword And he that sheddeth mans blood without a Commission from the King of Heaven who onely hath originall Power over the lives of his creatures and no multitude of men in the World collective or representative whatsoever by man shall his blood be shed The supreme Magistrate is Gods Vice-gerent and beareth not the Sword in vain But those who presume to use the Sword and can derive no power from Him it were meet for them to make their Accounts betimes with God lest they die in the estate of Murtherers both of themselves and others both of soul and body It is an easie thing for an Orator to cast a mist before the eyes of vulgar people and make them a plausible Discourse of the Cause of God the true Religion of suppressing Superstition and Idolatry and setting up the right Worship of the Lord They had hard hearts if they could not afford themselves a good word But admitting not granting all this to be true which is most false will this Plea yet serve before the Judge of Heaven and Earth Nothing lesse These very men and their Predecessors have taught the contrary have protested the contrary have printed the contrary Ant●mota certamina before these unhappy differences began whilest mens eyes were not fascinated with faction and prejudice Then themselves condemned this very Doctrine which now they practice as Antichristian and Anabaptisticall and their present practice which they now defend as seditious and sinfull this would be truely laid to heart And withall That if the Lord Fairfax and his friends had been men of their words or performed that Agreement to which Honour and Justice did oblige them all the blood which hath been spilled or shall be shed hereafter in this Cause had been saved and upon their score it will be cast in the end both by God and man It would be known who they are whom emphatically if not exclusively he calls Protestants Are they the successors in Doctrine of those first Reformers in Germany whom from a Protestation made they named Protestants No what these old Protestants allowed and practised as lawfull and necessary these new Protestants condemn as superstitious and Antichristian This is beyond the power of Omnipotency to make both parts of a contradiction to be true Protestants whilest they continue the same to be no Protestants and no Protestants to be Protestants If they do cordially love the thing as they do hugge the name why do we not all shake hands and become friends And so from murthering their bodies he proceeds to starving their souls that is By banishing and imprisoning the Zealous Ministers This is my fifth Charge I envy no mans zeal but wish them Discretion proportionable to their Devotion To satisfie their Charge home first de jure what may be done It hath ever been accounted lawfull to binde a phrenetick mans hands Shall it be lawfull for these seditious Orators to bring railing Accusations to the Pulpits daily against the Lords Anoynted such as Michael the Arch-Angel durst not bring against the Devill and yet be free from question May they prostitute the Ordinance of God to the rebellious designs of ambitious men yet be free from question Could these Ambassadours of Peace keep themselves to that Theme which was bequeathed to them by the Prince of Peace they might long enjoy their Benefices and Liberties yea with some connivence to a truely tender conscience But when a man may frequent their Sermons a whole yeer and hear nothing but incentives to War shedding the blood of the ungodly and joyning with others to make a great Sacrifice to the Lord may not a man justly say to them as Queen Elizabeth sometimes to an Ambassadour Hei mihi vocem Pacem expectavi cur Belli clamorem audio Are not these the same men who teach in their own Case That he deserves more rigorous punishment who shall infect the Souls of men with poysoned Doctrine then he that shall destroy their bodies with poyson Are not these the men who upon the same grounds have silenced or imprisoned or to use their own phrase banished from their Churches so many of our Reverend Learned and Worthy Divines thorowout the whole Kingdome to sub-introduce Heteredox and contentious persons in their Rooms and may

no man say to their Minions not worthy to sit at the feet of the other Domine cur ita faeis Sir why do you so Or shall we once again bring in an exemption of Church-men privately at the back-door which we have publikely thrust out at the fore-door Thus you see it might be done even upon your own Grounds in point of Right Now for the matter of fact it is as much mistaken as the right I have recollected my selfe I have inquired of my Secretary yet can I not find one Minister by me either banished or imprisoned If any Minister either before my coming or since being apprehensive of his owne demerits or out of a guilty Conscience without other compulsion did forsake his Church and leave it as the Oestridge doth her eggs in the sand without care or provision you cannot call this Banishment Or if any of your Ministers have assumed a pluralitie of Professions and added the Sword to the Word if my Officers should meet with him in such a garbe might they not inquire an haec tunica Filii tui sit and take him in his second capacity Or Lastly if the Justices of this County who live upon the place and doe best know seditious persons and the just feares and dangers of the County have thought fit to restraine any man from doing hurt was I bound to give a protection or a supersedeas when you instance in particular persons you shall receive particular satisfaction And so from the Body and Soule he descends to the Estate the last step of his accusation in these words And hath besides done infinite spoile and waste upon the good Subjects plundering and taking away their goods and cattle in so much as in many places there are neither men nor cattle left to till the ground Lord how these men are touched to the quick when any man but themselves dare offer to plunder as if they desired not only the free Trade but even the Monopoly of Plundering to themselves I know no such places in this County as he mentions if there be any such without doubt they must needs know the desolation which themselves have made But doe they thinke with such clamours and outcries to deafe the eares of men and drowne the ejulations of poore people whom they have harrowed They have spared no Age neither the venerable Old-man nor the innocent Child No orders of Men The long Robe as well as the short hath felt their fury No Sex not Women no not Women in Child-bed whom common humanity should protect No condition neither Fathers nor Friends They have spared no places The Churches of Christians which the Heathens durst not violate are by them prophaned Their Ornaments have been made either the supply of their necessities or the subject of their scurrillities their Chalices or Communion Cupps let them call them what they will so they would hold their fingers from them have become the objects of their Sacriledge the Badges and Monuments of ancient Gentry in Windowes and Pedigrees have been by them defaced Old Evidences the Records of private Families the Pledges of Possessions the boundaries of Mens Properties have been by them burned torne in pieces and the Seales trampled under thir feet Seelings and Wainscot have been broken in pieces Walls demolished a thing which a brave Roman Spirit would scorne to tyrannise over Walls and Houses And all this by a Company of Men crept now at last out of the bottome of Pandora's Boxe The poore Indians found out by experience that Gold was the Spaniards God And the Countrey finds to their losse what is the Reformation which these men seek At this very time I am informed they are executing the illegall Order for the Twentieth part of every Mans Estate in Craven This would be a sufficient answer for them but not a sufficient plea for me Therefore in the second place I adde that my case is clear different from theirs There may be Treason against the King there can be none against them There may be Forfeitures of Estates to the King none to them The King may raise Arms and leavy a just Warre whatsoever they doe in that kind is void by the Law of Nations whatsoever they shall acquire in such a Course is not by Right but a meer Nullity No tract of time can weare away the unlawfulnesse of the first acquisition but after an hundred yeares possession they are still malae fidei possessores possesse it with a bad Conscience and are bound to make restitution Lastly for matter of fact when I came first into this County I made a publicke Declaration against Plundering in-Print which I have since endeavoured to observe Yet that some men of their party have suffered in their Estates I doe readily grant that is either such as have absented themselves or have refused to pay those proportions of money which were imposed upon them by the County But whatsoever hath beene done in that kind hath beene done by the Gentry or the Committees by them named with as much moderation as the present exigence of affaires would permit wherein I have rather acted the part of their Minister to execute what they resolved then looked upon that great trust which His Majestie hath imposed upon mee So I have done with the charge The Lord Fairfax requires all Parties to appeare and I Command them all upon their Allegiance to stay at home They may perhaps come thither without danger but the difficulty will be to get safe back againe sed revocare gradum hic Labor hoc Opus est and afterwards to avoyd certaine punishment for these tumultuous and Rebellious meetings It were a more conscionable and discreet part of them to repaire all as one unanimous body to their Soveraign's Standard and drive out these Incendiaries from among them who have beene the true authors of all the pressing grievances and miseries of this County Withall his Lordship talkes of driving me and mine Army out of the County he knowes this cannot be done without a meeting If it be not a flourish but a true spark of undissembling Gallantry he may doe well to expresse himselfe more particularly for time and place This is more conformable to the Examples of our Heroicke Ancestors who used not to spend their time in scratching one another out of holes but in pitched Fields determined their doubts This would quickly set a Period to the sufferings of the People unlesse he desire rather to prolong those miserable distractions which were begun with breach of Promise It were pitty if his desires lead him this way but he should be satisfied And let the God of Battells determine the right of our English Lawes and Liberties Ferdinando Lord Fairefax Generall of all the Northerne Forces raysed and to be raysed for the KING and PARLIAMENT To all and singular the Majors Bayliffes Aldermen and other Magistrates and to the Ministers of the Churches within the West-Riding of the County of Yorke and to every of them FOr as much as the Earle of Newcastle contrary to the Lawes of the Land hath raysed a great Army of Papists and other Malignants and with them Invaded this County of Yorke killing and destroying some numbers of religious Protestant Subjects banishing and imprisoning the zealous Ministers and hath besides done infinite spoyle and waste upon the good Subjects Plundering and taking away their Goods and Cattell insomuch as in many places there are neither Men nor Cattell left to till the ground These are therefore to desire and Command you respectively to cause to be Published and Proclaimed in all the Churches and Markets of this County That all Men of able Bodies and well-affected to the Protestant Religion are required with the best Weapons and Furniture for the Warre that they have to Assemble come in and assist me and the Army under my Command in expelling and driving away out of this County the said Army of Papists and common Enemies of the Peace each Man bringing with him necessary Victuall for foure Dayes onely the said Forces thus to be raised to draw downe to the severall places of Rendezvous hereafter named that is The West-Riding Men to Sherbourne and Abberford The North-Riding Men to Tollerton and Awne And the East-Riding Men to Stamford-bridge all of them to be there on Munday Night next and so to March forward as they shall be ordered by Command that shall meet them at the places aforesaid And for so doing this shall be your Warrant Given under my hand and Seale Feb. 2. 1642. F. FAIRFAK To Iohn Tayler one of the High Constables of Skiracke to procure this to be Published within your Division IT is my Will and Pleasure That this my Declaration together with the Lord Fairfax his Warrant be Published in all the Churches and Chappells within this City and County of Yorke W. NEWCASTLE FINIS