An answer of the Right Honourable Earle of Newcastle, his excellency &c. to the six groundless aspersions cast upon him by the Lord Fairefax in his late warrant (here inserted) bearing date Feb. 2, 1642 by the Earl himselfe.

An answer of the Right Honourable Earle of Newcastle, his excellency &c. to the six groundless aspersions cast upon him by the Lord Fairefax in his late warrant (here inserted) bearing date Feb. 2, 1642 by the Earl himselfe.

Table of contents

Title page

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AN ANSVVER OF THE RIGHT Honourable the Earle of New-caſtle, his Excellency, &c.

Ferdinando Lord Fairefax, Generall of all the Northern Forces raiſed and to be raiſed for the Service of King and Parliament.

§

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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.

The Proteſtation of the afflicted Miniſters, Printed 1605.

Pag. 4.

Though the King command any thing contrary to the Word, yet we ought not to reſiſt, but peaceably to forbeare obedience, and ſue for grace, and when that cannot be obtained, meekly ſubmit our ſelves to puniſhment.

And Pag. 18.

It is utterly unlawfull for any Chriſtian Churches by Armed Power againſt the will of the Civill Magiſtrate to ſet up in Publique the true Worſhip of God, or ſuppreſſe any Superſtition or Idolatry.

Printed at Oxford, and reprinted at Shrewſbury, 1642.

§

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IT is my Will and Pleaſure, That this Anſwer, together with the Lord Fairefax his Warrant, be publiſhed in all Churches and Chappels within this City and County of Yorke.

W. NEW-CASTLE.

AN ANSVVER OF THE RIGHT Honourable the Earle of New-caſtle, his Excellency, &c.

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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 Countrey. 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 into his body. He was angry that his neighbour ſhould defend himſelfe, and my Lord, that I ſhould protect His Majeſties good Subjects from his violence. And though a generall accuſation might juſtly be ſleighted as a ſlander, to which by the Laws 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 with the due circumſtances of time and place and perſons) neither is the Lord Fairfax 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 own honour, as for confirmation of the minds of His Majeſties well affected Subjects in their layalty to repell his ſlanders in the Preſſe, as I doubt not by Gods [Page] 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 a great Army. I might anſwer, That the Laws 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 thorow others, when ſome men muſt obſerve Law, & 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 Laws, 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 Laws, to the Laws let him go? Let him ſhew but any one particle of known Law, Statute or Common, which I have violated, and I ſhall lay down Arms 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 Laws in the clouds, or of Laws written in the Sybills bookes, which no men ever read or heard of but your ſelves. All true Engliſh men will diſdain to exchange their inheritance, the ancient Laws of this Land (under which they and their progenitors have already injoyed ſuch happy and Halcionian dayes, and hope ſtill for better from His Majeſties greater experience, and late Acts of Grace) either for a Company of far-fetcht dear-bought principles, drawn without Art or Judgement, by factious unskilfull perſons, out [Page] of the Law of Nature or of Nations, as a Lesbian rule to ſerve their ambitious ends: Or for Arbitrary Government, which knows no bounds, or limits but the will of head-ſtrong diſcontented perſons. With what face can theſe men name the Laws 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 Arms by the Law, and for the Law, to protect the Laws and Religion eſtabliſhed; you to ſubvert them both: I raiſe Arms under His Majeſtie, for His Majeſtie; you without him, againſt him, by vertue of your own 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 known Laws of this Realm, 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 do 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 own of the Truth of our Profeſſion. Theſe I admitted for their Loyalty and Abilities, not for their Religion, as was moſt lawfull for me to do; 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 make uſe of Papiſts in places of great truſt and command, nay, do 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 condemn it; Certainly in this particular ſervice they ſhew themſelves better friends to the Proteſtant [Page] 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 Malignants; 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 do not willingly part with their Religion, Laws, Liberties, Lively hoods, left them by their Fathers upon Arbitrary Votes? So a Theefe 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 been eſteemed Malignant humours in the Body Naturall, which being ſtubborn, Rebellious, Venemous, are with difficulty reduced to their right temper, either by ſtrength of Nature, or skill in Phyſick, not thoſe which are not eaſily infected or diſtempered. 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 Vnity for a time, your Browniſts would ſoon condemn your ordinary diſciplinarians for Malignants, and your Anabaptiſts againe 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 imployment? Did they not Rob and Plunder ſundry of His Majeſties Liege People at [Page] Dornton, in ſuch cruell manner, that the prime Officer of the Town died of griefe 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 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 Accompt to His ſacred Majeſtie 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 Lincolnſhire 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 ſtaine 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 lye 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 [Page]throne for ever. They that take the Sword (without a 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 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, leſt they dye 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 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, Ante 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 truly laid to heart: And withall, that if the Lord Fairefax 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 [Page] 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 ſterving their ſoules, that is, by Baniſhing and impriſoning the Zealous Miniſters. This is my fifth charge. I envy no mans zeale, 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 into the Pulpits daily againſt the Lords annointed, ſuch as Michaell the Archangell durſt not bring againſt the Devill, 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 keep themſelves to that Theame, which was bequeathed to them by the Prince of Peace, they might long injoy their Benefices and Liberties; yea, with ſome connivence to a truly tender Conſcience. But when a Man may frequent their Sermons a whole yeare, and heare nothing but incentives to War, ſhedding the Blood of the ungodly, and adjoyning with others to make a great Sacrifice to the Lord, may not a man juſtly ſay to them, as Queen Elizabeth ſometimes to an Embaſſadour, Hei mihi! vocem Pacis 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 Soules of Men with poyſoned Doctrine, then he that ſhall deſtroy their bodies with [Page]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 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 do you ſo? Or ſhall we once againe bring in an exemption of Church-men privately at the backdoore, 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 my 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 any of your Miniſters have aſſumed a plurality 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 do beſt know ſeditious perſons, and the juſt feares and dangers of the County, have thought fit to reſtrain any man from doing hurt, was I bound to give a protection or a ſup [...]rſedeas? 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 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 Cattell, in ſo much as in [Page]many places there are neither Men nor Cattell 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 onely 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 deaf the eares of men, and drown the ejulations of poore people, whom they have harrowed? They have ſpared no Age, neither the venerable Old Man, nor the innocent Childe; 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 been 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 fingers from them) have become the objects of their Sacriledge, the Badges and Monuments of ancient Gentry in Windowes, and Pedegrees have been by them defaced; Old evidences, the Records of private Families, the Pledges of Poſſeſſions, the boundaries of Mens Properties, have beene by them burned, torn in pieces, and the Seales trampled under their Feet. Seelings and Wanſcott have been broken in peeces, Walls demoliſhed, a th [...]ng which a brave Roman ſpirit would ſcorn (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 Box. The poore Indians found out by experience that Gold was the Spaniards God, and the Countrey finds, to their loſſe, [Page] 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 cleare 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 do in that kinde 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 plundring 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 kinde hath been done by the Gentrey 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 me. So I have done with the charge.

The Lord Fairefax 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 revo [...]are gradum, hic[Page]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 been 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 knows this cannot be done without a meeting. If it be not a flouriſh, but a true ſpark of undiſſembled Gallantry, he may do 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 Battels determine the right of our Engliſh Laws and Liberties.

Ferdinando Lord Fairefax, Generall of all the Northern Forces raiſed and to be raiſed for the Service of King and Parliament.

[Page]

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 York, and to every of them.

FOraſmuch as the Earl of Newcaſtle, contrary to the Laws of the Land, hath raiſed a great Army of Papiſts, and other Malignants, and with them Invaded this County of York, Killing and Deſtroying ſome numbers of the 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 [Page] 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 Man bringing with him neceſſary Victuall for foure Dayes, onely the ſaid Forces thus to be raiſed, to draw down to the ſeverall places of Rendezvous hereafter named, that is, The Weſt-Riding Men to Sherbourn 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 [Page] aforeſaid. And for ſo doing, this ſhall be your Warrant.

Given under my Hand and Seale the ſecond Day of February, Anno Domini, 1642.

FER. FAIRFAX.

To John Taylor, one of the High Conſtables of Skiracke, to procure this to be Publiſhed within your diviſion.

FINIS.

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Title statement

An answer of the Right Honourable Earle of Newcastle, his excellency &c. to the six groundless aspersions cast upon him by the Lord Fairefax in his late warrant (here inserted) bearing date Feb. 2, 1642 by the Earl himselfe.

Newcastle, William Cavendish, Duke of, 1592-1676.

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1642

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Text Creation Partnership,

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2007-01 (EEBO-TCP Phase 1).

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A53069

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Wing N875A

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ESTC R29559

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11169088

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ocm 11169088

ID [VID]

46512

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Images scanned from microfilm: (Early English books, 1641-1700 ; 1426:27)

Source

— An answer of the Right Honourable Earle of Newcastle, his excellency &c. to the six groundless aspersions cast upon him by the Lord Fairefax in his late warrant (here inserted) bearing date Feb. 2, 1642 by the Earl himselfe., Newcastle, William Cavendish, Duke of, 1592-1676., Fairfax, Ferdinando Fairfax, Baron, 1584-1648..

Extent

[1], 14 p.

Printed at Oxford and reprinted at Shrewsbury,. [Shrewsbury]:: 1642.. (Reproduction of original in the Harvard University Library.)

Creation

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