A CONFVTATION Of the Earle of Newcastles REASONS For taking under his Command and conduct divers Popish Recusants in the Northerne parts;

WHEREIN Is shewed both the unlawfulnesse, and danger of Arming of Papists:

Being a thing of main consequence for all true Prote­stants to take present and speciall notice of.

London Printed for Henry Overton, 1643.

A CONFUTATION OF The Earle of Newcastles Reasons, for taking under his Command and Conduct divers Popish Recusants in the Northerne Parts.

THere is a Declaration lately print­ed under the name of the Earle of Newcastle, an Earle and Ba­ron of England, and by birth and discent an English man, of the Family of Cavendish, now Generall of an Army in the Northerne parts of the King­dome; Consisting most part of Papists, raised, as is conceived, to suppresse the Liberty of England, contrary to the Fundamentall Lawes of the Land; and to establish that long excogitated Arbitrary Go­vernment, [Page 2]which evill Counsellours (aspiring by flattery to become great) have divers yeares since projected; Wherein the Author of the Declaration first desires the Subjects of the County of Yorke, to take into their serious consideration severall particu­lars, and expects credit to be given to them; these I passe over at this present, in hope the good Subjects of that County will in due time make it appeare how little credit is to be given to the Author of that De­claration, who would justifie actions so contrary to the professions of the Earle of Newcastle made to God, to the Church, and to his Countrey. Second­ly, He desires to give satisfaction both to the Sub­jects of Yorkeshire, and all other true Protestants of this Kingdome, why hee hath beene necessitated to take under his Command and Conduct divers Po­pish Recusants in the Northerne Parts, alleaging, First, It was not His Majesties intention, nor the in­tention (for any thing his Lordship knowes) of any in Authority under him, to admit any of them (that is to say, Popish Recusants) into that service, if the way had not been chalked out to His Majesty, and His Ministers, by the very men, in whose Forge the Objection was raised. Let (saith the Earle) the Muster Rolls of that Army which is named from the Parliament bee perused, and then it shall appeare plainly that the mannagers of that Army doe exactly and distinctly know, that they now have, and for ma­ny moneths have had great numbers under their pay, both English, French, and other Nations, whom at [Page 3]their Inrollment (and ever since) they did know to have been professed Papists; Whereas by the con­trary, it is notoriously knowne, that before this course was taken by the other party, His Majesty and His Ministers did not admit to, nor continue any Souldiers in pay, who were suspected to be that way inclined, or did refuse the Oaths of Alleagiance and Supremacy; Not that His Majesty thought it un­lawfull for him so to doe, or that he did not hold his Recusant Subjects to be as strongly obliged by the Lawes of this Land, for the defence of His Person, and the Liberty of Parliaments, and Lawes of this Kingdome, as any of His Protestant Subjects: For if the Kingdome now stood under the feare of a For­raigne invasion; Is it to be conceived that the Recu­sants of this Land were not by the Lawes of the same obliged to adventure their lives and fortunes in the defence thereof? Sure the great confusion which is now in this kingdome, is of as fearefull a consequence as any Forraigne Invasion possible can bee; and therefore Recusants are so far from being disobliged, as they stand deeply obliged for giving their assi­stance in this time of extremity; But His Majesty was very cautelous, and tender in this point, and cer­tainly would not have looked towards it, if the other party had not first assumed that liberty to themselves, from which by the Law of the Land he saw himselfe no way barred.

Because the Earle, or who else is the Author of that Declaration under his name, takes upon him to be pri­vy [Page 4]to his Majesties intentions, and to excuse his Ma­jesties Ministers concerning the arming of Popish Re­cusants, it were earnestly to bee wished that men would not withhold the truth with unrighteousnesse, nor goe about to deceive the world with Colours. Let the Author declare who chalked the way to His Majesties Counsellors and Ministers, to advise and procure His Majestie to recommend, if not authorise Randoll Mac donell, now Earle of Antrim, a Papist (and by discent meere Irish, being the Grandson to Sorley boy mac donell by the Fathers side, and of the most perfidious Traytor and enemy of the truth, Hugh Oneale, Earle of Tirone, by the Mothers side, who also was one of the Conspirators of the present Rebellion in Ireland, and yet is harboured about Newcastle, or Durham) to raise an Army in Ire­land, with which he being Generall, should invade the kingdome of Scotland; a designe, though crossed, more through emulation and envy, then for any re­gard to his Majesties Honour, or conscience to afflict a Protestant Church and Nation by an Army of Pa­pists, discovereth plainly that there hath been an in­tention to admit Papists to serve under His Majestie, for the destruction of some of his Protestant Subjects before such a supposed chalking out of the way, as the Author of this Declaration pretends, as may fur­ther be evidenced by the bringing of 500. Souldiers out of Ireland to Carlile, a part (if not the greatest) of that number being Papists, and the many Popish Commanders, Captaines, Officers, and Souldiers [Page 5]entertained and imployed in the two Northerne Ex­peditions against Scotland, in the latter of which, Garret Barry, now Lieutenant Generall of the Rebels Army in the Province of Munster in Ireland, served; having quit his places held under the King of Spaine, to come into England for an employment in that Ex­pedition; another Barry also, a Papist much cover­sant at the Court, was Serjeant Major of a Regiment of Horse, Colonell Plunket, now in Rebellion in Ire­land, Colonell Rely, an Irish man, with very many other Papists of Ireland, were enabled by the enter­tainment they received in England in those Northerne Expeditions, to doe no small mischiefe since to the Protestants, besides many others of Forraigne Nati­ons, with our owne well knowne Country men of the Popist Religion; Witnesse likewise the Army raised in Ireland in the beginning of the yeare 1640. in a manner consisting of Papists altogether, save that the chiefe Officers of the Field, and divers other Officers and Souldiers were Protestants, that kingdome at that time not affording men of the Popish Religion, having Military abilities to discharge the duties of so great places, but nothing wanted to let them know how much they were relyed upon: Sir Tobie Mathews a Jesuit, attended upon the Earle of Strafford into Ire­land in March, before the raising of that Army, and during his abode there, was lodged in his Lordships house of residence, the Castle of Dublin, and every day rid upon one of Sir George Radcliffs horses to one or other of the publique Masse-houses in Dublin, [Page 6]where Sir Tobie consulted often and seriously with Prelates and other Ecclesiasticall persons of the Church of Rome, by whom he prepared the partie of Papists in the Parliament of Ireland then sitting, to assent to a Declaration against the kingdome of Scot­land, and to grant more Subsidies to advance that war then they have yet paid: But to come neerer home to the writer of the Declaration, hath the Parliament or his Exeelencie the Earle of Essex given Commissi­ons or power to any Colonell, or Commander of the Popish Religion to levie, conduct, and command Regiments, Troopes, or Bands of men in the present service? As the Earle of Newcastle, his Majesties Generall in the Northern parts hath done; Are there whole Regiments, or Companies, consisting all, or most part of Papists (exactly and distinctly knowne by the Parliament to be such) admitted to serve un­der the Earle of Essex, or any other Commander in Chiefe imployed by the Parliament? Surelie none. But such are in great esteeme and credit, and much trusted in the severall Armies latelie raised, and now on foote by vertue of severall Commissions granted by his Maiestie to the Earle of Newcastle and others, to defend the Protestant Religion, the Lawes of this kingdome (by which Papists are declared unfit to bee trusted with Armes) and the Libertie of the Subject, as is pretended: Now admitting some Papists have through negligence, or by friendship with private Captaines, or other Officers, got into the Parlia­ments Army (as it may be supposed some have done [Page 7]of purpose to betray the Counsells and designes of that Armie) is that a good justification for exciting and authorizing all the Papists in the North and o­ther places fit to beare Armes, to take up Armes for for the destruction of the Protestants and suppression of Religion, Lawes, and Liberties established in the Land? The Author of the said Declaration glanceth at the Proclamation lately published, prohibiting all Popish Recusants to come to his Majesties Court, un­lesse they would take the Oaths of Allegiance and Su­premacie; stricter Proclamations against Papists have beene freequent heretofore, yet they never affrighted the Papists, who were well acquainted with the inten­tions of the Advisors of such Proclamations: It is re­corded in History that a Christian Emperour having under hand waged a great Armie to warre upon the Pope, caused the Citie of Rome to be sackt, and the Pope to be besieged in the Castle of Saint Angelo, yet when the tidings thereof became publike and fa­mous in all countries; he ordained a Fast to be obser­ved in his Court for the safety and delivery of the Pope; an impious dissimulation, and such as should not be imitated by any Prince Christian.

But it must be acknowledged that the Author of the Declaration aforesaid, dealeth more plainely then the Pen-men of his Majesties Declarations usually doe, for he affirmeth that his Majestie thinkes it not un­lawfull for him to admit into his service, and conti­nue in pay professed Papists, and that his Majestie doth hold his Recusant subjects (meaning Papists) [Page 8]to be as strongly obliged by the Lawes of the Land, for the defence of his person, and the liberty of Par­liaments, and Lawes of the Kingdome, as any of his Protestant Subjects, &c. whether his Majestie will a­vow the same or no is yet unknowne, therefore till time discover it, let the Earle of Newcastle, or who else published the said Declaration under his name, be favourably pleased to understand, that although all Subjects be alike obliged by Law for defence of their Soveraignes person, and the liberties and Lawes of the Kingdome, yet all Subjects have not the like in­terest in the liberties and Laws of the Kingdome now in force; neither did any Papist ever affirme, that he affects the liberty of the Parliaments as Protestants doe, which his Majestie knowes well by their cari­age and insinuation at all times to bring him to dis­like with Parliaments, if it were possible: And albeit his Majestie may be construed to be exempt from the Excommunication of Pope Pius against the Kingdom of England, because hee was not borne in England, yet when the Prince of Wales, or any of his Majesties Children shall succeede in the Royall Throne, they may be accounted Excommunicate, and if the Pope doe at any time hereafter enjoyne the Papist to deny Alleagiance to his Majestie by colour of that Ex­communication, or some other Romane device, may finde as little fidelity in the Papists, as Queene Eli­zabeth did, and they will never conceive themselves so obliged as is set forth in the said Declaration, in regard they held a supremacie in the Pope above the [Page 9] King in matters Ecclesiasticall, which at this time are become not the least occasions of the apparent evills, and threatned ruine ready to fall upon his Majesties Dominions; nor doth the taking of the Oath of Su­premacie secure their alleagiance or fidelitie to the Kings of England, being Protestants, considering there is a power admitted by them to be in the Pope to dispence with Oathes, in matters lesse conducing to the advancement of the Ecclesiasticall Hierarchie, then to dissemble in taking the Oath of Supremacie, as testifieth the Example of Cardinall Askanius, who being released out of prison by the French King, and after great kindnesses received in that Kingdome, was permitted to goe to Rome with the Cardinall D' Am­boise to be at the election of a Pope, to succeede Pope Alexander, tooke an Oath that he would returne to France againe, yet refused so to doe, having obtained the Popes dispensation to breake his faith with the Christian King, which a Heathen Romane of old would not doe to escape the most grievous torments; the matter then standing thus, and the Law of Eng­land not allowing that Papists should have Armes, although the King may dispence with the Law in some cases, for the good and tranquility of the people, yet in this case, where one of the pretences for Arm­ing is the defence of the Protestant Religion, and a­nother pretence is the maintenance of priviledges of Parliament; Why is not his Majesty barred by the equity and intent of the Law from admitting Papists into the present service? Seeing all papists are taught [Page 10]to have both the protestant Religion, & the parliament more then any Religion or Court of Justice in the world, and therefore cannot be conceived by any of mean understanding, much lesse by the Earle of New­castle, to stand neither so deeply obliged, nor so well affected to defend either the Kings person, being a protestant, or the protestant Religion, or priviledges of parliament, as the protestant Subjects of England are.

The Author of the aforsaid declaration poceedeth to examyne the pretended in conveniences where with the arming of papists is alleadged to be attended, & in the first place voucheth for iustification of the uniusti­fiable arming of papists, the example of the Emperor Charles the first, who being a Popish Emperor did not refuse the service of any of the Protestants of Ger­many in that Army wherewith he made warre upon the Protestants; Secondly, he citeth the example of Henry the fourth, the late French King, while he was a Protestant, and did not reiect the assistance of the french Papists that adhered to him, and lastly the ex­ample of the States of the united Provinces, who doe not reiect the auxiliary Regiments under the pay of the french King, because many of them (if not most) are papists: how farre remote these examples are from the present case, let all indifferent men judge: the Em­peror Charles the fifth warred upon the protestants be­cause they were protestants, and if in that case he ad­mitted protestants to serve under him, and imployed them in suppressing and destroying their brethren, [Page 11]we will blame his policie, and if at this day the Ci­vill Wars of England were waged by his Majesty, to restraine the insolencies and practises of the papists (who doubtlesse intend the like cruelties in England, as have been acted against the protestants in Ireland) who would thinke amisse of admitting papists to fight against papists, as in the Civill Wars of Ireland in Queen Elizabeths Raigne; moreover all the souldi­ers serving in the Army raised by the parliament, rare, and ever will be ready to spend their lives in defence of his Majesties person, and desire nothing but con­firmation of the Laws to be secured against the con­tinuall plots and practises of the Papists, to subvert this Noble Kingdome, and establish the Articles of the Antichristian Counsell of Trent therein, which may be the more easily effected by them, if once His Majesty shall be so far seduced by evill Counsell, as to continue them in Armies against his Parliament, upon pretence of jealousies, and suspitions of disaffe­ction to his Royall person, a thing far below the thoughts of any Protestant, much more of the high Court of Parliament, who have in so many Declara­tions called God to witnesse the integrity of their hearts, to ayme at nothing but the glory and great­nesse of his Majesty, and the preservation of Gods ho­ly worship without mixture of Idolatry, superstition, or error: As to the example of the late French King, was not his Succession and Coronation opposed by the Guises, and the Pope? Only because he was an Hugonite (as they terme all Protestants in France) [Page 12]had he in any thing violated the Laws of the Realme when the holy League was made up to exclude him from possessing his royall Throne, or was be ever said to suffer evill Counsellors to goe about, or en­deavour to introduce other Government then the for­mer Government of the Kingdome? Although these had not been causes sufficient, yet was there not the least of these pretended, what wonder was it then, if French papists adhered to their rightfull and undoubt­ed Successor of the Crowne of France, and he should use their service against their fellow papists, who would set up Tyrants to rule against Law and good Conscience: This example therefore may not serve for justifying the Earle of Newcastles arming of pa­pists at this time, no more then the other example of the States of Holland to admit the auxiliary Regi­ments of French men, some of whom may be, and are papists, nay supposing they were all papists, the Christian world seeth manifestly they may bee im­ployed in the Wars against the Spaniard, it is but pa­pist against papist still, it is not against the protestants those French auxiliaries are imployed, neither are they made use of to hinder the establishing and secu­rity of the protestant Religion: Let then all English­men that are not papists, be well advised, lest any im­pertinnent arguments divide them, but in all loyall dutifulnesse continue in unity, and endeavour to pre­serve the peace of the Land, aad defend each others persons and estates against those enemies of their Re­ligion & Laws, now armed by the Earle of Newcastle, [Page 13]and beare the reproaches of such men patiently un­till the Almighty, who ruleth the hearts of Kings, crowne the religious endeavours of those that seeke not their owne, but the glory of God, and his Maje­sty, with blessings of peace, unity, and love in the fruition of his Majesties royall favour and concur­rence, to settle the distracted and distressed condition of this most noble and potent Kingdome, and of poore Ireland now sowed thicke with the bodies of Martyrs, whose blood will doubtlesse produce a plen­tifull harvest of living Saints, through the mighty power of him that propagated his Gospell into all Lands, maugre all worldly power and policy that opposed it, I say no more, accounting the inferences of the Declarator unworthy of answer, but conclude with the Psalmist,

Psal. 129. Ver. 5, 6.
Let them all be confounded and turned backe that hate Zion.
Let them be as grasse upon the house top, which wi­thereth afore it groweth up.

Amen.

FINIS.

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