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A53068 An answer of the Right Honourable the Earle of New-Castle His Excellency, &c., to the six groundlesse aspersions cast upon him by the Lord Fairefax, in his late warrant (here inserted) bearing date Feb. 2, 1642 by the Earle himselfe. Newcastle, William Cavendish, Duke of, 1592-1676.; Fairfax, Ferdinando Fairfax, Baron, 1584-1648. 1642 (1642) Wing N875; ESTC R12249 8,223 15

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to them by the Prince of Peace they might long injoy their Benesices and Liberties yea with some connivence to a truely tender Conscience But when a Man may frequent their Sermons a whole yeare and heare nothing but incentives to War shedding the Bloud of the ungodly and adjoining with others to make a great Sacrifice to the Lord may not a man justly say to them as Queene Elizabeth sometimes to an Embassadour Hei mihi I vocem Pacis expectavi Cur Belli clamorem audio Are not these the same Men who teach in their owne case That he deserves more rigorous punishment who shall infect the Soules 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 silenc'd or Imprisoned or to use their owne Phrase banished from their Churches so many of our Reverend Learned and Worthy Divines throughout the whole Kingdome to subintroduce Heterodox 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 facis Sir why doe you so Or shall we once againe bring in an exemption of Church men privately at the backedoore which we have Publikely thrust out at the foredoore 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 ray Secretary yet can I not find one Minister by me either banished or imprisoned If any Minister either before my comming or since being apprehensive of his own demerits or out of a guilty Conscience without other compulsion did forsake his Church and leave it as the Ostridge doth her eggs in the sand without care or provision you cannot call this Banishment Or if at ny of your Ministers have assumed a pluralitie of professions and added the Sword to the Word if my Officers should mee 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 do 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 hee descends to the Estate the last steppe of his accusation in these words And hath besides done infinite spoile and wast 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 neeeds know the desolation which themselves have made But do they thinke with such clamours and outcries to deaf 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 Childbed 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 beene made either the supply of their necessities or the subject of their scurrilities their Chalices or Communion Cups let them call them what they will so they would hold their singers from them have become the objects of their Sacriledge the Badges and Monuments of antient Gentry in Windowes and Pedegrees have beene by them defaced Old evidences the Records of private Families the Pledges of Possessions the boundaries of Mens Properties have beene by them Burned torne in pieces and the Seales trampled under their feete Seelings and Wanscott have beene broken in pieces Walls demolished a thing which a brave Roman spirit would scorne to tyrannize 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 Country finds to their losse what is the Reformation which these men seeke 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 Armes and leavy a just Warre whatsoever they do in that kind is void by the Law of Nations whatsoever they shall acquire in such a Course is not by Right but a meere 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 publike 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 do 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 been done in that kind hath been 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 lookod upon that great trust which His Majestie hath imposed upon me So I have done with the charge The Lord Fairefax requires all Parties to appeare and I Command them all upon their Allegeance to stay at home They may perhaps come thither without danger but the difficulty will be to get safe back againe sedrevocare gradum hic Lahor 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 sparke of undissembled 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 leade him this way but he should be satisfied And let the God of Battels determine the right of our English Lawes and Liberties FERDINANDO Lord FAIREFAX Generall of all the Northerne Forces raised and to be raised for the Service of 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 raised a great Army of Papists and other Malignants and with them Invaded this County of Yorke Killing and Destroying some numbers of the Religious Protestant Subjects Banishing and Imprisoning the Zealous Ministers and hath besides done infinite spoyle and wast 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 War 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 Manbringing with him necessary Victuall for foure Dayes onely the said Forces thus to be raysed 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 Warrans Given under my Hand and Seale the second Day of February Anno Domini 1642. Fer. Fairfax To John Tayler one of the High Constables of Skiracke to procure this to be Published within your division FINIS