The answer of His Excellency the Earle of Newcastle, to a late declaration of the Lord Fairefax dated the 8. of June, 1643.
         Newcastle, William Cavendish, Duke of, 1592-1676.
      
       
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             The answer of His Excellency the Earle of Newcastle, to a late declaration of the Lord Fairefax dated the 8. of June, 1643.
             Newcastle, William Cavendish, Duke of, 1592-1676.
          
           24 p.
           
             by Stephen Bulkley,
             Printed at York :
             1643.
          
           
             At foot of title page: By speciall command.
             Caption title on p. 3 reads: The answer of his Excellency the Earle of New-Castle to a declaration of the Lord Fairefax, &c.
             Reproduction of the original in the Trinity College Library, Cambridge.
          
        
      
    
     
       
         eng
      
       
         
           Fairfax, Ferdinando Fairfax, -- Baron, 1584-1648 -- Early works to 1800.
           Great Britain -- History -- Civil War, 1642-1649 -- Sources -- Early works to 1800.
        
      
    
       A53067  R218650  (Wing N874A).  civilwar no The answer of His Excellency the Earle of Newcastle, to a late declaration of the Lord Fairefax: dated the 8. of June, 1643. Newcastle, William Cavendish, Duke of 1643    4887 5 0 0 0 0 0 10 C  The  rate of 10 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           THE
           ANSWER
           OF
           HIS
           EXCELLENCY
           The
           EARLE
           of
           NEW
           CASTLE
           ,
           To
           a
           late
           Declaration
           of
           the
           Lord
           FAIREFAX
           :
           Dated
           the
           8.
           of
           
             June
             ,
          
           1643.
           
        
         
           
             Printed
             at
          
           York
           
             by
          
           Stephen
           Bulkley
           ,
           1643.
           
        
         
           By
           speciall
           Command
           .
        
      
    
     
       
       
       
         
           The
           Answer
           of
           his
           Excellency
           the
           Earle
           of
           New-Castle
           to
           a
           Declaration
           of
           the
           Lord
           Fairefax
           ,
           &c.
           
        
         
           WHen
           I
           received
           notice
           lately
           ,
           of
           a
           Declaration
           Dated
           the
           eight
           of
           this
           Moneth
           ,
           made
           by
           the
           Lord
           
             Fairefax
             ,
          
           intitling
           himselfe
           untruely
           ,
           and
           contrary
           to
           his
           own
           Conscience
           ,
           
             Lord
             Generall
             for
             all
             the
             Northerne
             Forces
             for
             King
             and
             Parliament
             ;
          
           I
           could
           not
           choose
           but
           wonder
           ,
           either
           at
           the
           strength
           of
           his
           imagination
           ,
           to
           fancy
           such
           a
           Government
           to
           himselfe
           in
           His
           Majesties
           Dominions
           ,
           without
           His
           Royall
           Assent
           (
           especially
           knowing
           himselfe
           to
           be
           Proclaimed
           a
           Rebell
           ,
           for
           such
           Trayterous
           courses
           :
           )
           or
           rather
           at
           his
           deep
           subtilty
           ,
           under
           the
           pleasant
           bait
           of
           His
           Majesties
           pretended
           
           Authority
           ,
           to
           hide
           the
           cursed
           hooke
           of
           Perjury
           and
           Rebellion
           ,
           and
           by
           the
           sight
           of
           this
           counterfeit
           Flagge
           ,
           to
           seduce
           His
           Majesties
           good
           Subjects
           ,
           contrary
           to
           their
           Oaths
           of
           Allegiance
           and
           late
           Protestation
           ,
           from
           their
           bounden
           Obedience
           ,
           to
           detestable
           Faction
           and
           Treason
           :
           or
           howsoever
           presumptuously
           to
           profane
           His
           Royall
           name
           ,
           to
           the
           raising
           and
           fomenting
           an
           unnaturall
           Warre
           ,
           in
           the
           bowels
           of
           His
           owne
           Kingdome
           ,
           directly
           against
           His
           Sacred
           Person
           ,
           Crown
           ,
           and
           Dignity
           .
           Without
           a
           Commission
           under
           His
           Majesties
           broad
           Seale
           ,
           he
           may
           be
           (
           as
           he
           is
           indeed
           ,
           )
           an
           Usurper
           and
           latruder
           into
           power
           ,
           for
           which
           he
           ,
           and
           all
           his
           Adherents
           ;
           are
           obnoxious
           to
           His
           Majesty
           and
           the
           Law
           ,
           in
           the
           high
           crime
           of
           Rebellion
           ;
           but
           cannot
           justly
           nor
           with
           any
           Colour
           of
           reason
           ,
           stile
           himselfe
           
             Generall
             to
             the
             King
             and
             Parliament
             .
          
           The
           very
           counterfeiting
           of
           this
           power
           ,
           without
           the
           true
           owner
           ,
           leave
           ,
           and
           against
           his
           expresse
           Command
           ,
           doth
           evidently
           shew
           ,
           That
           he
           knows
           he
           can
           have
           no
           
             Military
          
           Power
           without
           His
           Majesty
           ,
           much
           lesse
           against
           His
           Majesty
           .
           As
           it
           is
           the
           hearty
           desire
           and
           prayer
           of
           all
           true
           Englishmen
           ,
           that
           they
           may
           speedily
           see
           a
           blessed
           conjunction
           
             of
             King
             and
             Parliament
             ;
          
           so
           we
           
           cannot
           but
           take
           notice
           ,
           That
           they
           who
           joyne
           them
           together
           in
           their
           Titles
           and
           Pretenses
           ,
           are
           they
           ,
           and
           onely
           they
           ,
           that
           divide
           them
           and
           sever
           them
           in
           their
           actions
           ,
           and
           retard
           our
           hopes
           of
           an
           happy
           Union
           ;
           partly
           by
           thrusting
           us
           into
           reall
           mischiefs
           ,
           for
           fear
           of
           fictitious
           and
           imaginary
           dangers
           ,
           and
           partly
           by
           opposing
           a
           sound
           and
           satisfying
           Accommodation
           .
           But
           perhaps
           it
           will
           be
           said
           ,
           Though
           he
           make
           bold
           with
           the
           
             King
             ,
          
           yet
           he
           derives
           a
           good
           Authority
           from
           the
           
             Parliament
             .
          
           When
           the
           two
           Houses
           are
           legally
           Assembled
           in
           a
           place
           free
           from
           Tumults
           ,
           whither
           all
           the
           Members
           may
           repaire
           with
           safety
           ,
           and
           Vote
           freely
           without
           prejudice
           ,
           feare
           ,
           or
           faction
           ;
           then
           they
           are
           venerable
           Assemblies
           :
           but
           at
           the
           best
           ,
           neither
           have
           nor
           ever
           had
           ,
           without
           His
           Majesties
           concurrence
           ,
           a
           power
           to
           raise
           Arms
           ,
           or
           create
           Generalls
           ,
           or
           order
           the
           
             Militia
          
           of
           the
           Kingdom
           .
           
             England
          
           did
           never
           see
           such
           an
           Example
           ,
           such
           a
           President
           ,
           never
           heard
           of
           such
           a
           Challenge
           of
           Military
           Supremacy
           ,
           made
           by
           the
           two
           Houses
           without
           the
           King
           ,
           either
           in
           cases
           ordinary
           or
           extraordinary
           ,
           before
           the
           beginning
           of
           these
           pernicious
           distractions
           .
           All
           the
           Orders
           of
           this
           Kingdome
           ,
           assembled
           in
           Parliament
           ,
           upon
           mature
           
           deliberation
           ,
           in
           a
           case
           extraordinary
           (
           sitting
           the
           Parliament
           ,
           )
           have
           disclaimed
           this
           power
           ,
           and
           plainly
           acknowledged
           ,
           That
           it
           is
           an
           essentiall
           and
           inseparable
           Flower
           of
           the
           Crown
           ,
           That
           it
           belongs
           solely
           to
           His
           Majesty
           ,
           
             To
             defend
             force
             of
             Armour
             ,
             at
             all
             times
             when
             it
             shall
             please
             him
             ,
             and
             to
             punish
             them
             that
             shall
             doe
             contrary
             :
          
           and
           that
           
             the
             Prelates
             ,
             Earles
             ,
             Barons
             ,
             Commonalty
             are
             bound
             to
             aide
             him
             as
             their
             Soveraigne
             Lord
             at
             all
             seasons
             when
             need
             shall
             be
             .
          
        
         
           Where
           the
           very
           Title
           is
           so
           apparently
           untrue
           &
           supposititious
           ,
           what
           truth
           can
           be
           expected
           in
           the
           body
           of
           the
           writing
           ?
           The
           first
           subject
           of
           his
           Declaration
           ,
           are
           
             the
             Prisoners
             taken
             at
             Seacroft
             .
          
           Surely
           he
           had
           great
           reason
           to
           have
           expressed
           himselfe
           more
           forward
           ,
           for
           the
           Redemption
           of
           those
           poore
           seduced
           Persons
           ,
           then
           hitherto
           he
           hath
           done
           ,
           who
           without
           any
           Authority
           on
           his
           part
           ,
           or
           Obligation
           on
           their
           part
           ,
           did
           hazard
           both
           their
           bodyes
           and
           Soules
           ,
           meerly
           to
           do
           him
           service
           .
           He
           pleads
           for
           them
           that
        
         
           
             They
             had
             quarter
             promised
             them
             ,
             that
             contrary
             to
             the
             Rules
             of
             Christianity
             ,
             Charity
             ,
             the
             Laws
             of
             this
             Land
             ,
             and
             the
             Law
             of
             Arms
             they
             have
             been
             deteined
             in
             durance
             .
          
           It
           is
           true
           they
           had
           
           Quarter
           given
           them
           ,
           not
           out
           of
           any
           favour
           to
           their
           Rebellious
           courses
           ,
           but
           out
           of
           Pitty
           to
           their
           Persons
           ,
           and
           their
           misled
           seduced
           simplicity
           ,
           in
           hope
           that
           when
           their
           eyes
           were
           opened
           they
           would
           returne
           to
           their
           former
           Loyalty
           :
           but
           I
           never
           heard
           that
           they
           had
           any
           
             Quarter
             promised
             ,
          
           or
           that
           there
           was
           any
           Treaty
           held
           ,
           or
           any
           Covenants
           proposed
           or
           condiscended
           unto
           ,
           but
           a
           free
           and
           absolute
           submission
           of
           themselves
           .
           So
           the
           sole
           and
           single
           ground
           of
           this
           invective
           Declamation
           ,
           hath
           no
           more
           truth
           in
           it
           then
           the
           Title
           .
           We
           are
           now
           told
           of
           
             Christian
             Charity
             ,
          
           But
           where
           was
           the
           consideration
           of
           this
           Christian
           Charity
           ,
           when
           the
           accord
           made
           at
           
             Rothwell
             ,
          
           with
           his
           own
           consent
           ,
           was
           perfidiously
           broken
           ?
           the
           observation
           whereof
           had
           saved
           the
           effusion
           of
           so
           much
           Christian
           Blood
           ,
           and
           prevented
           so
           many
           Murthers
           ,
           Robberies
           ,
           Imprisonments
           of
           his
           Majesties
           Loyall
           Subjects
           ,
           onely
           for
           keeping
           their
           Faith
           and
           Allegiance
           unstained
           ,
           and
           their
           Oathes
           inviolated
           .
           These
           men
           desire
           to
           be
           objects
           of
           
             Christian
             Charity
             ,
          
           not
           Subjects
           ,
           they
           would
           have
           this
           grace
           looke
           towards
           them
           ,
           but
           not
           from
           them
           :
           or
           otherwise
           they
           would
           be
           ashamed
           to
           ruine
           so
           many
           thousands
           of
           their
           Neighbours
           
           and
           Fellow
           Subjects
           ,
           and
           yet
           talke
           of
           
             Christian
             Charity
             ,
          
           as
           if
           it
           were
           a
           
             Topicall
             Argument
             ,
          
           not
           a
           
             Theologicall
             virtue
             .
          
           His
           next
           stalking
           horse
           is
           the
           
             Law
             of
             the
             Land
             .
          
           I
           would
           gladly
           know
           where
           that
           Law
           is
           written
           ,
           which
           allowes
           any
           Liberty
           or
           Privilege
           to
           a
           Subject
           ,
           who
           is
           taken
           in
           actuall
           Rebellion
           against
           his
           Lawfull
           Soveraigne
           .
           If
           he
           and
           his
           Adherents
           have
           no
           favour
           ,
           but
           what
           the
           
             Laws
             of
             this
             Land
          
           do
           afford
           them
           ,
           they
           must
           expect
           releife
           in
           another
           world
           ,
           upon
           their
           repentance
           .
           Neither
           will
           the
           
             Law
             of
             Arms
          
           help
           him
           .
           It
           is
           a
           confessed
           truth
           ,
           that
           there
           is
           no
           
             Law
             of
             Arms
             ,
          
           but
           onely
           between
           such
           as
           have
           a
           power
           of
           Arms
           lawfully
           invested
           in
           them
           .
           The
           
             Law
             of
             Nations
          
           doth
           except
           a
           Subject
           from
           pleading
           the
           Law
           of
           Arms
           against
           his
           Prince
           ,
           or
           against
           any
           Authority
           derived
           from
           his
           Prince
           .
           But
           he
           saith
           further
           ,
        
         
           
             They
             have
             been
             deteined
             in
             such
             durance
             and
             under
             such
             Tyranny
             ,
             as
             there
             is
             about
             an
             100
             of
             them
             dead
             ,
             and
             about
             200
             of
             them
             made
             so
             sick
             and
             weake
             ,
             as
             they
             are
             not
             likely
             to
             recover
             ,
             and
             to
             the
             rest
             of
             them
             all
             necessary
             refreshments
             are
             denyed
             ,
             with
             intention
             to
             reduce
             them
             also
             to
             the
             like
             wretched
             state
             ;
             and
             so
             in
             time
             to
             destroy
             them
             all
             .
          
           This
           
           and
           the
           like
           expressions
           conteined
           in
           this
           Paper
           ,
           being
           so
           publickly
           cast
           upon
           the
           Officers
           of
           this
           Army
           under
           my
           command
           ,
           must
           of
           necessity
           reflect
           upon
           my selfe
           :
           which
           hath
           increased
           my
           desire
           to
           understand
           the
           certainty
           of
           these
           particulars
           ,
           which
           being
           known
           ,
           may
           be
           a
           good
           caution
           to
           his
           Lordship
           ,
           hereafter
           to
           take
           heed
           how
           he
           builds
           his
           groundlesse
           confidence
           ,
           (
           which
           he
           cals
           
             assurance
          
           )
           upon
           such
           weake
           and
           partiall
           informations
           .
           The
           wounded
           Souldiers
           were
           dressed
           and
           cured
           by
           our
           Surgeons
           ,
           at
           our
           charges
           :
           The
           sick
           Prisoners
           were
           visited
           by
           the
           Queenes
           Phisitians
           ,
           and
           medicines
           given
           them
           at
           our
           charges
           ;
           these
           were
           no
           signes
           of
           any
           
             intention
             to
             destroy
             them
             :
          
           They
           have
           wanted
           neither
           Sermons
           ,
           nor
           other
           Divine
           Offices
           :
           The
           Wifes
           and
           Sisters
           of
           such
           as
           have
           been
           sick
           ,
           have
           had
           free
           Liberty
           from
           time
           to
           time
           to
           attend
           them
           :
           The
           publick
           collections
           of
           such
           as
           favour
           them
           ,
           and
           the
           private
           Benevolence
           of
           particular
           Friends
           ,
           either
           in
           the
           Citty
           or
           Country
           ,
           have
           been
           duely
           converted
           to
           their
           best
           advantage
           :
           And
           except
           the
           inconveniences
           which
           accompany
           a
           long
           and
           throng
           imprisonment
           ,
           they
           have
           wanted
           nothing
           which
           moderate
           men
           could
           
           desire
           .
           But
           
             an
             100
             are
             dead
             ,
             and
             200
             more
             are
             sick
             .
          
           Let
           it
           be
           admitted
           ,
           can
           the
           most
           carefull
           Governers
           keep
           sicknesse
           out
           of
           their
           Camps
           ?
           If
           it
           were
           but
           out
           of
           a
           provident
           circumspection
           ,
           for
           the
           safety
           of
           the
           Citty
           and
           ourselves
           ,
           we
           had
           reason
           to
           use
           all
           our
           best
           indeavours
           ,
           to
           keep
           contagious
           diseases
           from
           among
           them
           .
           This
           aspersion
           is
           rather
           cast
           upon
           Almighty
           God
           ,
           then
           any
           way
           concernes
           us
           ,
           unlesse
           he
           could
           shew
           in
           particular
           ,
           wherein
           the
           Officers
           have
           failed
           in
           doing
           their
           duties
           .
           To
           prevent
           all
           occasion
           of
           infection
           ,
           they
           have
           been
           d●vided
           as
           much
           as
           possibly
           could
           be
           ;
           Diverse
           of
           the
           Officers
           and
           some
           others
           are
           lodged
           in
           the
           Citty
           ,
           some
           in
           
             Davy
             Hall
             ,
          
           some
           in
           
             Merchants
             Hall
             ,
          
           places
           of
           good
           receit
           ,
           some
           in
           private
           Houses
           ,
           and
           sundry
           of
           them
           are
           admitted
           to
           walke
           up
           and
           downe
           the
           Citty
           ,
           with
           a
           Keeper
           .
           The
           common
           Prisoners
           in
           the
           Castle
           have
           the
           Liberty
           of
           the
           Castle
           ,
           where
           they
           walke
           all
           Day
           long
           at
           their
           pleasure
           ,
           and
           at
           Night
           lye
           in
           the
           great
           Hall
           ,
           free
           both
           from
           Wind
           and
           Raine
           .
           Now
           to
           censure
           Mens
           intentions
           ,
           upon
           probable
           Surmises
           ,
           is
           rashnesse
           ,
           to
           doe
           it
           against
           such
           apparent
           light
           ,
           is
           farre
           from
           those
           
           
             Rules
             of
             Christian
             Charity
          
           which
           he
           pretends
           .
           If
           the
           Death
           of
           these
           Prisoners
           must
           be
           imputed
           to
           any
           man
           ,
           to
           whom
           rather
           then
           to
           the
           Lord
           
             Fairfax
          
           himselfe
           ?
           who
           drew
           them
           into
           their
           Rebellious
           courses
           ,
           who
           hath
           neglected
           them
           in
           their
           distresse
           ,
           and
           now
           when
           he
           hath
           meanes
           to
           redeem
           them
           ,
           seems
           to
           urge
           the
           sicknesse
           of
           some
           of
           them
           ,
           rather
           as
           an
           Argument
           of
           Discourtesy
           towards
           us
           ,
           then
           of
           Reliefe
           unto
           them
           ;
           as
           if
           he
           measured
           his
           favours
           not
           according
           to
           their
           passed
           service
           ,
           but
           his
           present
           use
           .
           The
           ground
           of
           this
           heavy
           Accusation
           followes
           .
        
         
           
             Which
             doth
             more
             evidently
             appeare
             ,
             in
             that
             I
             have
             often
             offered
             exchange
             of
             Prisoners
             taken
             at
          
           Wakefield
           
             and
             other
             Places
             ,
             for
             Redemption
             of
             those
             taken
             at
          
           Sea-Croft
           
             and
             elsewhere
          
           ▪
           First
           ,
           the
           evidence
           is
           not
           sufficient
           to
           prove
           his
           Assertion
           :
           He
           that
           shall
           bind
           the
           hands
           of
           a
           Phrenetique
           man
           ,
           or
           restrein
           Persons
           who
           are
           wilfully
           bent
           to
           hurt
           themselves
           or
           others
           ,
           is
           not
           presently
           guilty
           of
           an
           
             intention
             to
             destroy
             them
             ,
          
           since
           it
           argues
           much
           more
           probably
           a
           desire
           to
           save
           them
           .
           Secondly
           ,
           an
           
             Exchange
          
           of
           Man
           for
           Man
           by
           the
           Poll
           ,
           is
           not
           alwayes
           
             an
             equall
             Exchange
             ,
          
           according
           to
           a
           true
           
             Geometricall
             proportion
             ,
          
           
           if
           the
           one
           have
           a
           more
           considerable
           Estate
           then
           the
           other
           :
           yet
           such
           Exchanges
           as
           these
           ,
           we
           have
           either
           been
           necessitated
           to
           make
           with
           his
           Lordship
           ,
           or
           to
           have
           none
           at
           all
           .
           Thirdly
           ,
           a
           great
           part
           of
           this
           mortallity
           was
           past
           ,
           before
           
             Wakefield
          
           was
           so
           accidentally
           and
           unfortunately
           lost
           ;
           so
           as
           his
           Lordships
           offer
           came
           late
           ,
           and
           unseasonably
           ,
           even
           by
           his
           own
           Confession
           .
           But
           leaving
           all
           these
           advantages
           ,
           the
           very
           truth
           is
           this
           ,
           The
           Lord
           
             Fairefax
          
           did
           once
           condiscend
           to
           a
           Treaty
           ,
           before
           the
           surprise
           of
           
             Wakefield
             ,
          
           about
           the
           Redemption
           of
           the
           
             Sea-Croft
          
           Prisoners
           :
           but
           whether
           it
           was
           serious
           ,
           or
           onely
           feined
           and
           fraudulent
           ,
           to
           cast
           a
           Mist
           before
           our
           eyes
           ,
           untill
           he
           got
           his
           ends
           on
           
             Wakefield
             ,
          
           Let
           all
           the
           World
           Judge
           by
           the
           true
           Relation
           of
           it
           .
           The
           Persons
           appointed
           to
           treat
           for
           us
           ,
           were
           M.
           
             Stanhop
          
           and
           M.
           
             Nevill
             ;
          
           and
           for
           them
           M.
           
             Lambert
          
           and
           one
           M
           
             Robinson
             ,
          
           The
           place
           named
           for
           the
           Treaty
           ,
           was
           
             Kippax
             ,
          
           The
           time
           
             Whitsun-even
             .
          
           But
           the
           very
           Evening
           before
           the
           meeting
           (
           no
           sooner
           )
           he
           sent
           on
           purpose
           to
           forbid
           it
           ,
           taking
           some
           sleight
           exception
           to
           the
           place
           ,
           and
           desiring
           that
           
             Temple
             Newsom
          
           might
           be
           named
           for
           it
           ;
           and
           more
           to
           the
           Persons
           ,
           alleging
           that
           M.
           
             Lambert
          
           and
           M.
           
           
             Robinson
          
           were
           Souldiers
           ,
           but
           M.
           
             Stanhop
          
           and
           M.
           
             Nevill
          
           were
           none
           ,
           and
           by
           consequence
           knew
           not
           how
           to
           estimate
           Souldiers
           according
           to
           their
           true
           worth
           ,
           desiring
           that
           two
           Souldiers
           might
           be
           named
           in
           their
           roomes
           .
           Which
           exception
           is
           so
           grossely
           and
           palpably
           frivolous
           in
           every
           mans
           judgment
           that
           knows
           both
           parties
           ,
           that
           it
           argues
           strongly
           ,
           that
           the
           Treaty
           was
           nou●i●hed
           not
           heartily
           or
           
             bona
             fide
             ,
          
           but
           craftily
           for
           private
           advantage
           :
           for
           the
           very
           night
           following
           they
           set
           forward
           toward
           
             Wakefield
             ,
          
           and
           surprised
           it
           on
           
             Whitsunday
             ,
          
           early
           in
           the
           morning
           .
           But
           both
           before
           and
           since
           the
           said
           Treaty
           ,
           it
           hath
           been
           my
           desire
           to
           have
           the
           Prisoners
           exchanged
           or
           redeemed
           .
           To
           which
           purpose
           (
           I
           must
           be
           his
           Remembrancer
           )
           sundry
           Propositions
           have
           been
           made
           unto
           him
           ,
           both
           before
           this
           Mortallity
           fell
           among
           them
           ,
           and
           since
           :
           as
           to
           deliver
           three
           hundred
           of
           them
           for
           three
           Men
           ,
           Sir
           
             John
             Goodricke
             ,
          
           Sir
           
             Thomas
             Danby
             ,
          
           and
           Major
           
             Hiliard
             ;
          
           but
           it
           was
           refused
           .
           After
           this
           Sir
           
             Thomas
             Glemham
          
           offered
           the
           Lord
           
             Fairfax
          
           to
           release
           man
           for
           man
           ,
           to
           bring
           the
           sick
           Prisoners
           in
           Carts
           or
           on
           Horseback
           ,
           and
           to
           deliver
           them
           two
           miles
           from
           
             Tadcaster
             ,
          
           in
           the
           midde
           way
           between
           
             Yorke
          
           and
           
           
             Leeds
             ,
          
           attended
           onely
           with
           one
           Troope
           of
           Horse
           ,
           if
           the
           Lord
           
             Fairfax
          
           would
           do
           the
           like
           ,
           The
           Troopes
           not
           to
           come
           within
           a
           quarter
           of
           a
           Mile
           each
           of
           other
           ,
           but
           Officers
           to
           be
           appointed
           on
           either
           side
           to
           receive
           the
           Prisoners
           ,
           and
           the
           Lord
           
             Fairefax
          
           and
           Sir
           
             Thomas
             Glemham
          
           to
           ingage
           their
           words
           respectively
           each
           to
           other
           ,
           that
           no
           interruption
           should
           be
           given
           to
           either
           party
           ,
           going
           or
           returning
           :
           but
           this
           offer
           also
           was
           rejected
           as
           the
           former
           ,
           unlesse
           they
           might
           be
           delivered
           at
           
             Kippax
             ,
          
           the
           place
           formerly
           refused
           by
           himselfe
           .
           And
           lastly
           ,
           after
           Generall
           
             Goring
          
           was
           taken
           Prisoner
           ,
           there
           was
           a
           Proposition
           made
           to
           deliver
           the
           whole
           700
           upon
           very
           favourable
           terms
           ,
           so
           as
           the
           delivery
           of
           Generall
           
             Goring
             ,
          
           might
           be
           treated
           of
           and
           concluded
           at
           the
           same
           time
           :
           but
           that
           was
           sleighted
           also
           .
           By
           all
           which
           it
           is
           as
           clear
           as
           the
           Sun
           ,
           that
           the
           Prisoners
           have
           had
           as
           faire
           Accommodation
           from
           us
           ,
           as
           we
           could
           possibly
           afford
           ,
           or
           their
           condition
           could
           expect
           ▪
           and
           that
           they
           may
           thanke
           the
           Lord
           
             Fairfax
             ,
          
           and
           none
           but
           the
           Lord
           
             Fairfax
          
           and
           his
           Counsellers
           ,
           for
           their
           long
           durance
           ;
           that
           the
           subdolous
           Arts
           ,
           the
           nice
           exceptions
           ,
           the
           frivolous
           pretenses
           ,
           and
           the
           menacing
           lines
           of
           
           him
           or
           his
           Counsellers
           ,
           have
           been
           and
           still
           are
           the
           sole
           and
           proper
           cause
           ,
           under
           Gods
           just
           judgement
           of
           their
           deaths
           ,
           who
           either
           have
           been
           or
           shall
           be
           swept
           away
           in
           this
           Mortallity
           which
           is
           fallen
           among
           them
           :
           yet
           he
           is
           not
           affraid
           to
           impute
           it
           to
           the
           Lord
           
             Goring
          
           and
           others
           .
           So
           it
           followes
           in
           his
           Declaration
           .
        
         
           
             Which
             is
             refused
             and
             opposed
             by
             the
             Lord
          
           Goringe
           
             and
             other
             Persons
             in
             that
             Army
             .
          
           I
           speake
           upon
           good
           assurance
           ,
           the
           Lord
           
             Goring
          
           never
           interposed
           in
           this
           matter
           untill
           his
           Sonnes
           sicknesse
           ,
           and
           then
           he
           was
           a
           Furtherer
           and
           Promoter
           of
           these
           Prisoners
           Liberty
           ,
           untill
           the
           Lord
           
             Fairefax
          
           by
           his
           threatning
           and
           unseasonable
           expressions
           in
           a
           Letter
           yet
           extant
           ,
           
             (
             that
             such
             as
             took
             and
             deteined
             those
             Prisoners
             ,
             did
             run
             an
             hazard
             of
             their
             Lifes
             and
             fortunes
             ,
             )
          
           had
           awakened
           him
           to
           a
           just
           consideration
           of
           His
           Majesties
           Honour
           and
           advantage
           .
           And
           since
           his
           Sons
           inprisonment
           ,
           he
           hath
           been
           an
           earnest
           Mover
           for
           a
           faire
           Treaty
           .
           If
           he
           seeke
           to
           include
           his
           Sonne
           therein
           ,
           if
           he
           judge
           it
           unequall
           that
           all
           the
           Prisoners
           be
           restored
           to
           their
           Liberty
           ,
           and
           he
           onely
           who
           tooke
           them
           Prisoners
           remaine
           in
           strict
           Custody
           ,
           who
           can
           blame
           him
           ?
           the
           Lord
           
             Fairfax
          
           confesseth
           in
           one
           of
           
           his
           Letters
           ,
           that
           when
           an
           offer
           was
           made
           to
           him
           for
           the
           exchange
           of
           these
           Prisoners
           ,
           he
           did
           on
           purpose
           delay
           it
           for
           foure
           or
           five
           dayes
           ,
           to
           trye
           if
           in
           the
           meane
           time
           he
           could
           procure
           the
           releasing
           of
           some
           of
           his
           Superiour
           Officers
           .
           The
           case
           is
           the
           very
           same
           ,
           and
           his
           Officers
           had
           no
           such
           neare
           relation
           to
           him
           ,
           as
           such
           a
           Sonne
           to
           such
           a
           Father
           .
           But
           if
           the
           Lord
           
             Gorings
          
           Desires
           be
           pertinaciously
           opposed
           ,
           he
           is
           confident
           in
           the
           goodnesse
           of
           Almighty
           God
           and
           the
           successe
           of
           his
           Royall
           Master
           ,
           that
           
             Deliverance
             shall
             arise
          
           shortly
           to
           his
           Sonne
           
             by
             another
             meanes
             .
          
           So
           from
           the
           
             Seacroft
          
           Prisoners
           he
           proceeds
           to
           Captain
           
             Fairfax
             .
          
        
         
           
             And
             for
             as
             much
             also
             as
             Captain
          
           Fairfax
           
             and
             other
             Commanders
             of
          
           Rotheram
           
             and
             those
             parts
             ,
             having
             by
             Treaty
             their
             Liberty
             promised
             before
             they
             yeelded
             up
             the
             place
             ,
             are
             not
             withstanding
             made
             Prisoners
             ,
             contrary
             to
             right
             and
             the
             Law
             of
             Arms
             .
          
           I
           have
           shewed
           before
           that
           neither
           he
           ,
           nor
           any
           of
           his
           pretended
           Captains
           in
           this
           Warr
           ,
           can
           challenge
           any
           interest
           in
           the
           Law
           of
           Arms
           ,
           yet
           neverthelesse
           whatsoever
           was
           promised
           to
           any
           of
           them
           ,
           either
           by
           my selfe
           ,
           or
           by
           any
           Person
           by
           me
           trusted
           ,
           shal
           be
           really
           and
           effectually
           performed
           ,
           so
           soon
           as
           it
           shall
           be
           made
           
           to
           appear
           that
           it
           was
           promised
           .
           There
           was
           a
           Treaty
           indeed
           ,
           and
           almost
           a
           conclusion
           ,
           but
           broken
           off
           by
           themselves
           ,
           and
           afterward
           the
           Town
           delivered
           up
           by
           the
           Commissioners
           or
           Deputies
           named
           and
           trusted
           by
           the
           Town
           to
           negotiate
           for
           them
           ,
           (
           who
           were
           all
           desirous
           to
           return
           to
           their
           Loyalty
           and
           Obedience
           ,
           )
           notwithstanding
           the
           reluctation
           of
           Captaine
           
             Fairfax
          
           and
           the
           other
           Captaines
           .
           Am
           I
           bound
           to
           make
           good
           all
           those
           Covenants
           which
           themselves
           deserted
           ?
           
             Praesta
             mihi
             omnia
             eadem
             ,
          
           &
           
             idem
             sum
             .
          
           This
           being
           the
           case
           ,
           they
           might
           all
           have
           been
           deteined
           ,
           without
           breach
           of
           promise
           .
           Yet
           Captain
           
             Fairfax
          
           was
           permitted
           to
           to
           go
           to
           the
           Lord
           
             Fairfax
             ,
          
           upon
           his
           own
           word
           to
           return
           ,
           and
           hath
           been
           used
           with
           as
           much
           Freedome
           and
           Courtesie
           as
           he
           can
           desire
           ;
           the
           others
           were
           stayed
           not
           for
           the
           businesse
           of
           
             Rotheram
             ,
          
           but
           for
           the
           contribution
           towards
           the
           charge
           of
           the
           Warre
           which
           themselves
           had
           helped
           to
           raise
           ,
           as
           was
           expresly
           concluded
           in
           the
           Treaty
           of
           
             Rotheram
             ,
          
           if
           it
           had
           succeeded
           :
           and
           that
           with
           so
           much
           Courtesy
           and
           Respect
           ,
           that
           the
           Principall
           of
           them
           M.
           
             Westby
          
           is
           fairly
           slipped
           away
           .
           And
           to
           let
           the
           World
           see
           how
           unwilling
           I
           am
           to
           come
           near
           the
           brinke
           of
           
           promise-breaking
           ,
           or
           within
           the
           suspition
           of
           it
           ,
           I
           have
           given
           order
           for
           Captain
           
             Fairfax
          
           his
           liberty
           .
           He
           proceeds
        
         
           
             Captain
          
           Reynolds
           ,
           
             Captaine
          
           Fulthorpe
           ,
           
             M.
          
           Dalton
           ,
           
             and
             M.
          
           Lilburne
           
             being
             all
             Men
             of
             quality
             are
             all
             thrown
             into
             Dungeons
             ,
             and
             there
             kept
             in
             most
             miserable
             and
             inhumane
             durance
             .
          
           Thus
           he
           busieth
           himselfe
           to
           hunt
           after
           pretenses
           ,
           what
           are
           these
           fower
           to
           him
           ?
           two
           of
           them
           being
           
             Bishopricke
          
           Men
           ,
           the
           other
           two
           serving
           under
           another
           command
           :
           unlesse
           he
           be
           the
           Generall
           Superintendent
           of
           the
           
             North
             ,
          
           as
           he
           would
           be
           the
           Generall
           of
           the
           Northern
           Forces
           .
           But
           let
           us
           examine
           it
           .
           
             All
             thrown
             into
             Dungeons
             and
             there
             kept
             in
             most
             Miserable
             and
             Inhumane
             Durance
             ;
          
           Very
           high
           expressions
           :
           and
           all
           this
           to
           be
           published
           to
           the
           World
           ,
           by
           the
           Lord
           
             Fairfax
          
           in
           a
           Declaration
           under
           his
           hand
           ,
           and
           scarce
           one
           word
           of
           it
           to
           be
           true
           
             sub
             modo
             ,
          
           as
           it
           is
           related
           ?
           He
           that
           was
           the
           Penner
           of
           this
           passage
           needs
           not
           paint
           a
           Cypresse
           Tree
           ,
           to
           move
           his
           Spectators
           to
           pitty
           .
           Surely
           the
           Lord
           
             Fairfax
          
           will
           never
           more
           give
           credit
           to
           those
           Informers
           ,
           who
           suggested
           this
           unto
           him
           .
           Captein
           
             Fulthorpe
          
           and
           M.
           
             Lilburne
          
           have
           the
           best
           chamber
           in
           the
           Castle
           to
           themselves
           .
           Captein
           
           
             Reynolds
          
           and
           M.
           
             Dalton
          
           are
           in
           the
           Sommer
           Hall
           ,
           with
           another
           Gentleman
           one
           M.
           
             Constable
             ,
          
           a
           prisoner
           for
           debt
           :
           And
           they
           three
           have
           that
           long
           Roome
           to
           themselves
           ,
           where
           sometimes
           above
           thrice
           three
           Debters
           have
           been
           kept
           .
           The
           two
           former
           have
           the
           Freedome
           of
           the
           Castle
           ,
           The
           two
           latter
           are
           indeed
           restreined
           and
           upon
           just
           grounds
           :
           
             Dalton
          
           for
           preaching
           openly
           Sedition
           and
           Rebellion
           to
           the
           prisoners
           ,
           and
           
             Reynolds
          
           for
           seconding
           him
           in
           it
           .
        
         
           His
           last
           charge
           is
           about
           Doctor
           
             Bastwick
          
           and
           Captaine
           
             Ludlow
             .
             And
             also
             that
             Doctor
          
           Bastwick
           
             and
             Captain
          
           Ludlow
           
             are
             made
             close
             prisoners
             ,
             and
             all
             conveniences
             for
             their
             health
             denyed
             to
             them
             ,
             insomnch
             as
             all
             the
             Gentlemen
             aforesaid
             are
             like
             to
             perish
             ,
             through
             those
             unusuall
             tortures
             and
             durances
             ,
             which
             they
             suffer
             in
             their
             Imprisonment
             at
          
           York
           .
           Tortures
           and
           unusuall
           tortures
           ?
           who
           inflicteth
           them
           ?
           when
           ?
           upon
           whom
           ?
           Falshood
           alwayes
           loves
           to
           goe
           masked
           in
           generalities
           .
           Neither
           are
           those
           two
           Prisoners
           any
           thing
           to
           him
           at
           all
           ,
           except
           his
           Christian
           Charity
           which
           is
           so
           cold
           to
           his
           Neighbours
           ,
           do
           glow
           toward
           strangers
           .
           When
           Doctor
           
             Bastwick
          
           &
           Captain
           
             Ludlow
          
           were
           first
           committed
           to
           the
           
           Castle
           of
           
             York
             ,
          
           they
           had
           all
           the
           Liberty
           which
           that
           place
           could
           afford
           and
           much
           better
           Accommodation
           then
           they
           deserved
           ;
           I
           beleeve
           as
           good
           as
           the
           best
           Doctors
           in
           the
           Kingdom
           ,
           who
           are
           now
           in
           the
           custody
           of
           the
           other
           party
           doe
           find
           .
           And
           in
           this
           state
           they
           might
           have
           continued
           if
           a
           Malignant
           heart
           ,
           an
           envious
           eye
           ,
           and
           an
           inveterate
           rancour
           against
           Soveraignty
           ,
           had
           not
           incited
           them
           to
           broach
           pestilent
           principles
           to
           make
           their
           Chamber
           a
           Schoole
           of
           errour
           ,
           a
           poysoned
           Fountain
           to
           infect
           the
           minds
           of
           His
           Majesties
           Subjects
           ,
           with
           Schismaticall
           and
           Seditious
           opinions
           .
           And
           yet
           for
           all
           this
           ,
           they
           were
           not
           so
           restrained
           ,
           but
           that
           they
           had
           two
           h●u●es
           allowed
           each
           day
           ,
           to
           walk
           abroad
           within
           the
           precinct's
           of
           the
           Castle
           ,
           for
           their
           health
           and
           recreation
           ;
           untill
           their
           Letters
           were
           intercepted
           forty
           Miles
           from
           
             Yorke
             ,
          
           brimme-full
           of
           prodigious
           Treason
           against
           the
           Person
           of
           His
           Sacred
           Majesty
           ,
           and
           by
           them
           acknowledged
           to
           Sir
           
             Thomas
             Glemhan
          
           to
           be
           their
           own
           hands
           ,
           and
           mainteined
           ,
           
             That
             they
             would
             Seale
             the
             same
             with
             their
             Bloods
             .
          
           Then
           as
           it
           was
           high
           time
           they
           were
           confined
           to
           their
           lodging
           ,
           an
           easie
           punishment
           for
           such
           an
           exorbitant
           crime
           .
           Who
           will
           suffer
           a
           scabb'd
           sheep
           to
           mingle
           with
           his
           Flock
           ?
           
           We
           use
           to
           shut
           up
           the
           doores
           of
           persons
           infected
           with
           the
           Plague
           ,
           without
           any
           breach
           of
           the
           Liberty
           of
           the
           Subject
           .
           If
           a
           Papist
           doe
           but
           attempt
           to
           seduce
           any
           of
           His
           Majesties
           Subjects
           ,
           it
           is
           death
           by
           our
           Law
           .
           And
           it
           is
           true
           ,
           That
           being
           in
           this
           condition
           ,
           of
           late
           they
           both
           fell
           sick
           ,
           not
           of
           a
           Consumption
           out
           of
           Griefe
           ,
           or
           for
           want
           of
           necessary
           sustenance
           ,
           but
           of
           an
           hot
           Feaver
           ,
           whereof
           
             Ludlow
          
           is
           dead
           ,
           and
           
             Bastwicke
          
           is
           upon
           his
           recovery
           ,
           God
           give
           him
           grace
           to
           amend
           his
           manners
           .
           But
           that
           corollary
           which
           follows
           ,
           
             That
             all
             conveniences
             for
             their
             health
             are
             denied
             them
             ,
          
           was
           forged
           in
           the
           same
           shop
           with
           the
           rest
           of
           the
           Declaration
           .
           For
           they
           have
           had
           both
           their
           Medicines
           and
           Apothecaries
           to
           attend
           them
           ,
           what
           and
           whom
           they
           desired
           ;
           and
           their
           Divine
           to
           give
           them
           Ghostly
           Counsaile
           and
           comfort
           ,
           and
           all
           other
           expediences
           which
           they
           did
           request
           .
           If
           that
           truth
           which
           they
           cry
           for
           in
           Religion
           ,
           be
           of
           the
           same
           stampe
           with
           their
           morall
           truths
           ,
           God
           deliver
           all
           good
           Christians
           from
           it
           .
        
         
           In
           the
           close
           of
           his
           Paper
           he
           intimates
           the
           like
           hard
           measure
           to
           our
           Prisoners
           taken
           at
           
             Wakefield
             ,
          
           who
           as
           he
           saith
           have
           hitherto
           been
           used
           with
           all
           humanity
           and
           civility
           .
           I
           hope
           that
           to
           
           crowd
           them
           together
           into
           filthy
           and
           worse
           then
           
             Augean
          
           Stables
           ,
           is
           no
           part
           of
           this
           civility
           .
           I
           hope
           that
           to
           choke
           them
           with
           the
           fumes
           of
           their
           own
           ordure
           ,
           and
           to
           bury
           them
           alive
           in
           subterraneous
           Cellars
           ,
           is
           no
           part
           of
           this
           humanity
           :
           where
           they
           cannot
           behold
           the
           light
           of
           Heaven
           but
           through
           a
           little
           grate
           of
           two
           spans
           breadth
           :
           and
           this
           onely
           because
           they
           remember
           their
           Duties
           ,
           Oaths
           ,
           Obligations
           to
           His
           Majesty
           ,
           better
           then
           themselves
           .
           But
           I
           delight
           not
           in
           recriminations
           .
        
         
           By
           this
           we
           may
           conjecture
           in
           part
           ,
           what
           is
           the
           true
           scope
           of
           this
           Declaration
           ,
           to
           cast
           an
           aspersion
           upon
           His
           Majesties
           Officers
           ,
           to
           lead
           the
           Friends
           of
           the
           sick
           Prisoners
           into
           a
           fooles
           Paradise
           in
           expectation
           of
           some
           miraculous
           deliverance
           ,
           to
           remove
           from
           himselfe
           the
           blame
           and
           envy
           of
           their
           long
           durance
           ,
           as
           if
           he
           desired
           an
           exchange
           but
           we
           stopped
           it
           ,
           and
           lastly
           ,
           to
           excuse
           the
           hard
           and
           unhumane
           usage
           of
           our
           Prisoners
           in
           his
           Army
           .
           But
           to
           unmaske
           him
           :
           I
           do
           heereby
           declare
           to
           all
           the
           world
           ,
           that
           I
           ever
           have
           been
           ,
           and
           still
           am
           ready
           to
           entertein
           a
           faire
           Treaty
           about
           the
           Prisoners
           .
           And
           now
           at
           last
           his
           Lordship
           may
           doe
           well
           to
           keep
           an
           audit
           with
           his
           own
           Conscience
           and
           understanding
           ,
           
           to
           take
           notice
           of
           that
           deluge
           of
           mischiefes
           and
           miseries
           which
           he
           hath
           brought
           upon
           this
           County
           ,
           and
           made
           his
           native
           Country
           a
           field
           or
           stage
           of
           blood
           ,
           as
           if
           the
           Liberty
           of
           the
           Subject
           did
           consist
           in
           a
           Liberty
           ,
           or
           rather
           licentiousnesse
           for
           them
           to
           doe
           what
           they
           list
           ,
           and
           to
           compell
           all
           others
           that
           are
           not
           of
           their
           Faction
           to
           suffer
           what
           they
           list
           .
           He
           may
           doe
           well
           to
           consider
           ,
           That
           these
           men
           whom
           he
           imprisons
           are
           free
           men
           born
           ,
           and
           fellow
           Subjects
           with
           himselfe
           ,
           and
           with
           them
           from
           whom
           he
           pretends
           to
           derive
           his
           Authority
           ;
           That
           God
           and
           their
           King
           will
           expect
           a
           severe
           account
           of
           it
           ;
           That
           the
           empty
           name
           &
           spurious
           title
           of
           
             Generall
             of
             the
             Northern
             Forces
             for
             King
             and
             Parliament
             ,
          
           contrary
           to
           the
           light
           of
           reason
           ,
           contrary
           to
           the
           plain
           Law
           of
           the
           Land
           ,
           much
           more
           irregular
           and
           exorbitant
           then
           the
           most
           pernicious
           Presidents
           of
           the
           worst
           times
           which
           ever
           
             England
          
           groaned
           under
           ,
           will
           be
           no
           satisfactory
           plea
           for
           so
           many
           lifes
           ,
           and
           so
           many
           Soules
           as
           have
           perished
           ,
           and
           are
           like
           to
           perish
           in
           this
           unnaturall
           Rebellion
           ;
           That
           when
           his
           guilt
           is
           elevated
           to
           the
           highest
           ,
           the
           
             Catastraphe
          
           (
           without
           timely
           prevention
           )
           will
           be
           the
           utter
           ruine
           of
           him
           and
           his
           Adherents
           .
           And
           his
           
           seduced
           Followers
           may
           doe
           well
           also
           to
           open
           their
           eyes
           ,
           and
           consider
           at
           how
           dear
           a
           rate
           hitherto
           they
           have
           purchased
           nothing
           but
           Repentance
           ,
           with
           the
           ruine
           of
           so
           many
           Estates
           ,
           the
           effusion
           of
           so
           much
           blood
           ,
           the
           perill
           of
           so
           many
           Soules
           ,
           taken
           away
           in
           actuall
           Rebellion
           ,
           without
           knowing
           either
           what
           they
           desire
           ,
           or
           what
           they
           fear
           ,
           without
           one
           Text
           of
           Scripture
           or
           one
           particle
           of
           Law
           to
           warrant
           their
           actions
           ,
           being
           meerly
           led
           by
           the
           perswasions
           of
           the
           Lord
           
             Fairfax
          
           and
           their
           seditious
           Preachers
           ,
           so
           much
           as
           in
           them
           is
           ,
           to
           overthrow
           what
           they
           desire
           to
           build
           up
           ,
           the
           Protestant
           Religion
           ,
           the
           Law
           of
           the
           Land
           ,
           the
           Liberty
           of
           the
           Subject
           ;
           That
           a
           timely
           submission
           is
           their
           only
           remedy
           ;
           That
           if
           they
           still
           continue
           their
           desperate
           courses
           ,
           His
           Majesty
           and
           His
           Servants
           are
           guiltlesse
           ,
           and
           they
           may
           blame
           themselves
           for
           all
           those
           Mischiefes
           which
           fall
           upon
           their
           own
           Heads
           .
        
         
           FINIS
           .