IT is no new thing (though it was never so frequent as now) for Incendiaries to accuse Innocents as disturbers of the Publike tranquillity of the Country. So ugly is the Face of Rebellion when it comes unmasked, without some cloake or Vizard over it, that even seditious persons cannot fancy it in themselves. The charge which the Lord Fairefax gives against me, in this Declaration, is like that of a Roman a­gainst his fellow Citizen, That he did not receive his whole wea­pon in to his body. He was angry that his neighbour should defend himselfe, and my Lord, that I should protest His Majesties good Subjects from his violence. And though a generall accusation might justly be sleighted as a slander, to which by the Lawes of this land no man is bound to answer, to which it is impossible for any man to make a direct answer (since it is not invested [Page 2]with the due circumstances of time and place and persons) nei­ther is the Lord Fairefax able to bring one particular instance to make good his generall calumniations, yet since it proceeds from a person of his eminency, I have thought fit as well for the vindication of mine owne honour, as for confirmation of the minds of His Majesties well affected subiects in their loyal­ty to repell his slanders in the presse, as I doubt not by Gods a­ssistance to do his forces in the field. Yet give me leave to won­der who they are that have such an influence upon his Lord­ships understanding, as to draw him in six lines to Publish to the world six groundlesse aspersions, against a person that hath not deserved ill of him without the least provocation.

The first is, That contrary to the Laws of the Land I have raised a­great Army. I might answer, That the Lawes are indeed an excellent standard and measure of Justice so long as they are common to all parties, but when they become like spiders webs to intangle some, and let through others, when some men must observe Law, and others will be free from all Law, it is the grea­test partiality and the falsest measure in the world. And as our Saviour said to the Pharisees, If I by Beelzebub cast out Devils, by whom do your Children cast them out? They shall be your Judges. So say I, If I be a Delinquent against the Lawes, for raising defensive Arms by vertue of His Majesties Commission (with whom alone the power of the Militia is intrusted both by God and Man) what is the Lord Fairefax and his parteners for raising offensive rebellious Arms against their fellow Sub­jects, without, nay, against His Majesties authority. But he hath appealed to the Lawes, to the Lawes let him goe? Let him shew but any one particle of known Law, Statute or Common, which I have violated, and I shall lay downe Armes as cheerefully as I tooke them up. But if this be impossible (as without doubt it is) then cease at length to tell us of Lawes in the clouds, or of Lawes written in the Sybills bookes, which no men ever read [Page 3]or heard of but your selves. All true English men will disdaine to exchange their inheritance, the antient Lawes of this Land (under which they and their progenitors have already injoyed such happy and Halcionian daies, and hope still for better from His Majesties greater experience, and late Acts of Grace) either for a Company of far-fetched deare-bought principles, drawen without Art or Judgement, by factious unskilfull persons, out of the Law of nature or of Nations, as a Lesbian rule to serve their ambitious ends: Or for Arbitrary Government, which knowes no bounds, or limits but the will of head-strong discontented persons. With what face can these men name the Lawes of the Land? when one of them hath lately told the world in print, that they are but the inventions of men: Yea morall precepts, fitter for Heathens then Christians. In a word, I raise Armes by the Law, and for the Law, to protect the Lawes and Religion established; you to subvert them both, I raise Armes under His Majesty, for His Majestie; you without him, against him, by vertue of your owne warrants: If it be not so, shew us but one text, one Statute, nay, but one poore case or president for your Justification. And that you may see I am in earnest, I desire God to vouchsafe his blessing and assistance to that party which stands truly and cor­dially for the defence of the knowne Lawes of this Realme, and to deny it to all others.

The second charge is, That mine Army consists of Papists and other Malignants. That I have in mine Army some of the Ro­mish Communion I doe not deny; yet but an handfull in com­parison of the whole Body of it, I beleeve not above one of fif­ty, and I wish their Consciences as well satisfied as mine owne of the Trueth of our Profession. These I admitted for their Loyalty and Abilities, not for their Religion, as was most law­full for me to doe; a course warranted by the examples both of God and Man, and chalked out to me by themselves: yea, it was a note higher in them, in a Warre pretended against Papists, to [Page 4]make use of Papists in places of great trust and command; nay, doe they not still admit all sorts of Sectaries, Brownists, Ana­baptists, Familists, &c? I have demonstrated the equity of this course to the World, which they know not how to answer; the fidelity of the one shall rise up in judgement against the Rebelli­on of the other, and condemne it; Certainly in this particular service they shew themselves better friends to the Protestant Religion, then the others But they are not satisfied to robbe me of them, unlesse they may sweep away all the rest under the stale and empty name of Malignant; I doe not much blame them, their intended worke would be more easily atchieved. But let us inquire who in their Dialect are these Malignants; Are they who doe not willingly part with their Religion, Lawes, Liberties, Lively hoods, lest them by their fathers u­pon Arbitrary Votes? So a Theife may Terme a True man a Malignant, because he doth refuse to deliver his Purse upon de­mand; So the Wolves in their Treaty of Accommodation with the Sheep, desired the Dogs to be delivered up to them as Ma­lignants. Those have hitherto beene esteemed Malignant hu­mours in the Body Naturall, which being stubborne, Rebelli­ous, Venemous, are with difficulty reduced to their light tem­per, either by strength of Nature, or skill in Physicke, not, those which are not easily infected or distemper'd. This is new Learning, and requires a new Dictionary to warrant it. Before they conclude them Malignant, they should doe well to prove them to be Peccant against any authentick rule: The Apostle saith, Where there is no Law there is no transgression; To accuse boldly is not sufficient to convince. If a common Adversary did not keep them in a kind of Herodian Unity for a time, your Brownists would soon condemne your ordinary disciplinarians for Malignants, and your Anabaptists againe your Brownists, &c.

Thirdly, you charge me to have Invaded this County of York. [Page 5]An insolent and presumptuous Challenge Can the Kings forces be said to make an Invasion in His owne 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 imployment? Did they not Rob and Plunder sundry of His Majesties Leige People at Dornton) in such cruell māner, that the prime Officer of the Towne died of greife within three or foure 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 Sollicitation and Intreaty of the Prime Nobility and Gen­try of Yorkeshire, to secure them from your violence and op­pression. If Protection be Invasion, then this is Invasion. I could nourish little hopes that these restlesse Spirits, who could not be bounded within their own calling, would be conteined 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 beene ever able to have given an Accompt to His Sacred Majesty for such an unpardonable omission, if being Armed by His good­nes 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 Soveraigne, and my necessary assistance to them. All this while the Lincolneshire 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 Armes against us, or was not ready to have killed us first if he could? The [Page 6]weight of guiltlesse blood is more heavy then a Mountaine, The staine thereof not to be washed out with all the water in the Ocean, but only by the tears of Repentance, and the bloud of Christ. This weight and guilt of bloud shall lie heavy upon the heads of those men and of their seed after them, who have been the authors and famentors 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 the Sword (without a lawfull cal­ling) shall perish by the sword, And He that sheddeth Mans bloud (without a Commission from the King of Heaven, who only 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 bloud be shed. The supreme Magistrate is Gods Vicegerent, And Beareth not the sword in vaine; 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, least they die in the state of Murtherers both of themselves and others, both of soule and body. It is an easie thing for an Ora­tor to cast a mist before the eies of Vulgar People, and make them a plausible Discourse of the Cause of God, the true Religion, of suppressing Superstition and Idolatry, and setting upon 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, Ante mota certamina, before these unhappy differences be­gan, whilest mens eies were not fascinated with faction and pre­judice. Then themselves condemned this very Doctrine which now they practice as Antichristian and Anabaptisttcall, and their present practice which they now defend, as seditious and sinfull; this would be truly laid to heart; And withall, that if [Page 7]the Lord Fairfax and his friends had beene men of their words, or performed that agreement to which Honour and Justice did oblige them, all the bloud which hath beene spilled, or shall be shed hereafter in this Cause, had beene 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 practiced as lawfull and necessary, these new Pro­testants condemne 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 Freinds?

And so from murthering their bodies he proceeds to sterving their soules, 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 bind a phreneticke mans hands. Shall it be lawfull for these seditious Orators to bring railing ac­culations into the Pulpits daily against the Lords annointed, such as Michaell the Archangel durst not bring against the Di­vell, and yet be free from question: May they prostitute the Ordinance of God to the rebellious designes of ambitious men, yet be free from question? Could these Embassadours of Peace keepe themselves to that Theame, which was bequeathed 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, [Page 8]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 [Page 9]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 [Page 10]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 [Page 11]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.