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, [Page 3] 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 [Page 4] 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, [Page 5] 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 [Page 6] 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 as to believe that an Army of Papists should fight for the Protestant Religion, and that to fight against a Parliament should bee the next way to defend the Lawes.

Declaration. 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 inventions of men, &c.

Observation. For what one of them hath told the world in print, I shall not need to answer, that were to take the pen out of the authors hand to whom it more justly belongs: for your re­proach here in your first line, with what face can these men name the Lawes? I must say rather, with what face can you thus revile the supreame court of a Kingdom?

Declaration. In a word, I raise armes by the Law and for the Law, to pro­tect [Page 7] the Lawes and Religion established,

Observation. This is the Argument these men fight with, to defend established Lawes, and an established Religion; What? are there no corruptions in ei [...]her, no need of any Reformation? sure by the same power our Ancestors made old Lawes, wee may make new: but perswade us if you can▪ that you fight to protect the Lawes; can a Parliaments enemy be a friend to the Lawes? can he that would stop the fountaine w [...]sh well to the streams? will hee that wounds the body, defend the si­newes? and for subverting Religion established, is a Refor­mation or melioration a subversion or destruction? This is your Lordships ignorance or rather your Chaplains ma­lignity, for I read Clergy Inke in all your paper.

Declaration. That I have in mine Armie some of the Romish Communi­on, I doe not deny, yet but an handfull,

Observation. Of the Romish Communion, a very cleanly and near ex­presse for so foul a business, but let me translate you into plain English, what is this Romish Communion, but right down Papists, the ever known enemies of our Religion and Lawes, and if Papists, then their Priests and M [...]sses and superstitions sure, and thus you break more known Lawes; and for the handfull of [...]hem, that is no excuse, had you read ever any more Scripture than that you quoted, you might remember a little leven levens the whole lump, and have no commu­nion with the unfruitfull works of darknesse; what concord hath Christ and Baal?

Declaration. Yea, it was a note higher in them in a warre, pretended against Papists to make use of Papists, &c. Nay doe they not still admit all sorts of Sectaries, Brownists, Anabaptists▪ Familists?

[Page 8] Observation. For this first Calumny you are beholden to a former De­claration from Court, and I shall at this time be beholden to another of the Parliaments for wiping it off; for those you call Sectaries, wee can easily suffer that, so wee purchase a truth, let us have it under what notion you will, nor can this parti-coloured-coat you put on it make us love it the lesse; I would you were all so minded, not to be so easily worded and witted out of your Religion and conscience.

Declaration. But let us enquire who are Malignants, are they who will not willingly part with their Religion upon arbitrary Votes?

Observation. Thus you continue your former reproaches, and to render the results and suffrages of the Parliament under the con­temptible notion of Arbitrary Votes; and if you would a [...]ke who are Malignants, let me help you; What are those that brought the Innovations into the Church, the Tyranny and Oppressions into the State, and drew his Majesty from the Parliament, and keeps him still? What are those that bring in an Army of Papists, and those that daily fill our Kingdom with Armes and Forces from forraign parts? if these be not Malignants, they are a terme very like it.

Declaration. If the common Adversary did not keep them in a kind of He­rodian unity for a time, your Brownists would soon condemn the Disciplinarians for Malignants, and your Anabaptists again your Brownists,

Observation. These errours and differences you have named to us, if they be errours, they are but errours on the right hand, and ne­ver so destructive as Papists and Prelatists, nor is the truth lost in these graduall differences of opinions, the Apostle [Page 9] will instruct you not to condemne one another for that, so they be not destructives to the foundation: Paul and Barna [...]as went severall wayes in a passion, and yet about the same busi­nesse, even to preach Christ.

Declaration. Can the Kings forces bee said to make an invasion in his own Dominions &c.

Observation. You tell us of the King under a wrong notion still, as I told you before, shew his name or authority in its right lustre, and then you doe something; and though a King cannot make an invasion in his own Dominions, yet as a mispersua­ded and seduced King he may, as a man may destroy his own goods, kill his own wife, sonne, or servants; propriety gives a man a just liberty or prerogative, but no such boundlesse or arbitrary power.

Declaration. Did they not rob and plunder at Darneton? did they give an assault upon Pierce-brig to their losse.

Observation. For their plundering at Darnton; as you say of the Romish Communion, so say I, perhaps the souldier might reach forth his hand further than his Commander gave him leave, as is usuall in times of warre, and scarce preventable. And for the losse at Piercebrig, we know little, but a losse of pow­der and shot on our parts, and a losse of a Howard, Colonell and others on yours.

Declaration. Neither did I then set foot into this Country, but at the ear­nest sollicitation and [...]treaty of the prime Nobility and Gentry of Yorkshire.

Observation. In the first part, I am glad you decline the first occasion [Page 10] of your comming, it is a signe you are seeing an errour in what you did; and for the prime Nobility of York-shiere that did sollicit you, I perceive your Lordship understands not our countrey aright, we shall informe you better, the Earle of Cumberland was one, who was malignant enough to bee General in the city, but not resolved enough for the field, one whom your Excellencie hath casheered from a Generall into a Leiftenant Generall, and from thence into his house at Skipton, where I leave him: the Lord Falconbridge, the Lord Dunbar were the rest, two, as your Lordship saies of the Romish communion, the Lord Savill, who is now of your cabinet, though not of your counsell, Sr. William Savill, to whom you were beholding for his timely notice of the losse of Leedes, and his own provident escape, Sr. Marmaduke Lang­daile whom the former Lord Strafford had affrighted out of all Conscience and Religion at once, and of a Patriot made him a Court. stalking-horse.

Declaration. And hee that sheddeth mans blood 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 blood bee shed.

Observation. His Lordship his right on the words of the text, but hee misses the sense, he brings in a private law in a publick quar­rell, and for a Commission from the King of Heaven, they can sooner shew that than his Lordship his from Heaven, for bringing his Papists, the enimies of truth, to fight for it, I have said you are Gods, is sure Commission enough; and for your saying, no collective or representative body whatso­ever, is it not civill blasphemy thus to revile Courts of Ju­stice, [Page 11] and like a casheerd Iudge to raile against that Bench where hee can have no place himselfe.

Declaration. It is an easie thing for an Orator to cast a mist before the eyes of the People, and to make them a plausible discourse of the cause of God, &c. they had hard hearts if they could not af­ford themselves a good word.

Observation. It seemes your Lordship hath made such use of it your selfe, you accuse it in others, and what ever good words they afford themselves, I am sure hee that reads your book will see, you are not far behinde, to your selfe, if you have not got the start, but whatever good words they give them­selves, I think they have few enough from you, but you would faine jest your readers into a beliefe of your accusati­on, for your naming Religion and Scripture too as you do, you do so mingle them in your State discourses, as if you had got on your Chaplains gowne, and yet would talke like a Lord.

Declaration. These very men have taught the contrary, have protested the contrary, ante mota certamina, then themselves condemned this very doctrine which now they practice.

Observation. What doe you tell us of what they then condemne and now practice, are you angry at any change for the better? and for your Latine ante mota certamina, I shall draw up a squa­dron of Latine to give fire on his Lordships, non est pudor transire admeliora.

[Page 12] Declaration. Are they successors in Dectrine of those first Reformers in Germany? no; what these old Protestants allowed, &c. these new condemne, this is beyond the power of an omnipotency to make both parts of a contradiction true, no Protestants to bee Protestants.

Observation. They are successors in Doctrine so far as their Doctrine is successor to Christs and his Apostles, but no further, and, tis true, we condemne what those Protestants allowed, but it is because we have had a longer light of the Gospell with us, shall wee not see clearer at our noon, than they in the first dawning; and to make a contradiction good, and yet no om­nipotency neither; wee are Protestants in protesting with them against Rome and the corruptions of it, no Protestants in what they protest with it; for Gods omnipotency I could wish your Lordship more tender of his name and word than you are, but I know not where to have you for certain, you are now in Divinity, then in war, you are now in a surplesse, anon in buffe.

Declaration. Could these Ambassadours of peace kept themselves for that theam which was bequeathed them by their Prince of peace they might long enjoy their benifices.

Observation. It is wel, and your Lordship might adde also, could the mi­nisters have held their peace while your army of Papists had come in at this back dore, and while all the Altars and cere­monies, all the malignity and prophanesse, all the oppressi­on had gone on its course, they had enjoyed their livings, no; the godly Ministers are not easily bribed to hold their peace at these evills, as perhaps your Bishops and Doctors of York, Durham, nor can the good Divines so easily hold their peace [Page 13] as yours, who are lesse used to the Pulpit.

Declaration. If any Ministers have assumed a Plurality of Professions and added the sword to the word,

Observation. For wearing a defensive weapon in such offensive times, was never condemned, no not by Apostolicall practise▪ if a sword had been so inconsistent with a Divine, I suppose S. Pe­ter had not made use of one in our Saviours company, and if they please to think of Zwinglius, Charmier, and other such worthy Divines, who were as famous for their Armes as ar­guments.

Declarition. Lord how these men are touched to the quick, when any but themselves doe offer to plunder,

Observation. It is well that now at last your Lordship will sport your selfe into that guilt, which of late you would not own, wee see you are content now to wrap your self up in the name of a Plunderer, so long as it is in so good Company.

Declaration. They have spared no age, &c. and all this done by a company of men crept out now at last out of the bottome of Pandora [...]s Box.

Observation. His Lordship spends a whole leafe in idle and groundlesse aspersions, which I will not confute, but let the whole Countrey doe it, only this I will adde, had he not stuffed his paper wi [...]h these, his Declaration had been shorter wasted; he sayes our company have crept out of the Box, what if I say, his Lordship then and whole Army hath crept into it, for I think they were boxed of late and that soundly too; I am sorry that his wit gives mee the hint to be thus ridicu­lous, but since he will laugh, we shall laugh for company.

[Page 14] Declaration. There may bee treason against the King, none against them, there may bee▪ forfeitures of estates to the King, none to them.

Observation. But if they be armed, as they are by a Soveraign or Par­liamentary power, what is done against them in that capa­city is as [...]uch treason, as he that strikes a Iudge on the Bench or Magistrate in his place, strikes not so much the man as the Authority, and so are the forfeiture two even to them thus enabled and ministerialized by Ordinance, and now all he sayes after, is on mistaken principles.

Declaration. I made a publike Declaration against Plundering, in Print,

Observation. And it was wisely done, however to declare against Plun­dering, now had you so good Rhetorick as to perswade the people you plundered not though you took all, that were a quaint device; but well, as your Lordship sayes, it is hard if you cannot afford your selfe a good word; it had not me thinks been amisse, had you carried your Declaration in one hand and your sword in the other, and so have plundred by the book.

Declaration. But what hath been done in that kind, hath beene done by the Gentry, when I have rather acted the part of the Minister to execute what they resolved,

Observation. I have rather acted the part of a Minister, &c. your Lord­ship does well to speak truth, it is pitty but the blame should ly where it ought; indeed wee wonder you casheered not those Gentry ere this, as you have done Savill and Gower, &c. certainly they have not delt fairely with you, to bring you [Page 15] in and promise you pay, and now not to be able to performe, either their abilities are very little or their honesties.

Declaration. It were a more conscionable and discrect part of them to re­paire all as one unanimous body to their Soveraignes Stan­dard, &c.

Observation. They are all under the right Standard already, under the Royall Parliamentary power, and they fight against you and the rest for painting a counterfeit, and displaying it to seduce both them and theirs, your Lion, or Crown, or such paintings is no Regall Authoritie, colours make not a cause no more than a Crucifix makes Christia­nitie.

Declaration. His Lordship talkes of driving mee and my Army out of the Countrey, if it bee not a flourish, but a true spark of un­dissembled Gallantry, hee may doe well to expresse for time and place.

Observation. Your Lordship makes a challenge, you know neither hath the Fairefaxes or Hothams of any of our worthies ever de­clined you in the Field; nor mee thinks should you chal­lenge again having lost it so lately, if you challenge to save blood and misery, you had better single your selfe for a Duell with one of them, but perhaps you fight better in company: I like your challenge in paper well, it is safe fight­ing and wri [...]ing at distance, yet such speedy decision would doe well, I would our Southern Army were in that point of your Lordships mind, wee should not languish so long; for the sparks of Gallantry you call for in our Cham­pions, I believe you found rather their flames then their sparks, your Army though [...] it too hot staying.

Postscript.

Our Gentry is taxed by this Declaration for breach of Promise, but the breach was [...] their parts, and conditionall convenants as such were, doe ever stand and fall with their conditions.

FINIS.

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