THE ANSWER OF HIS EXCELLENCY The Earl 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 special Command.   

The Answer of his Excellency the Earl of Newcastle to a Declaration of the Lord Fairefax, &c.  
WHen I received notice lately, of a Declaration Dated the eight of this month, made by the Lord Fairefax, intitling himself untruly, and contrary to his own Conscience, Lord general for all the Northern Forces for King and Parliament; I could not choose but wonder, either at the strength of his imagination, to fancy such a Government to himself in His majesty's Dominions, without His royal Assent (especially knowing himself to be Proclaimed a rebel, for such traitorous courses:) or rather at his deep subtlety, under the pleasant bait of His majesty's pretended Authority, to hide the cursed hook of Perjury and Rebellion, and by the sight of this counterfeit flag, to seduce His majesty's 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 royal name, to the raising and fomenting an unnatural war, in the bowels of His own kingdom, directly against His Sacred Person, Crown, and Dignity. Without a Commission under His majesty's broad seal, 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, style himself general to the King and Parliament. The very counterfeiting of this power, without the true owner, leave, and against his express Command, doth evidently show, That he knows he can have no Military Power without His Majesty, much less 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 join them together in their Titles and pretences, are they, and only they, that divide them and sever them in their actions, and retard our hopes of an happy Union; partly by thrusting us into real 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 repair with safety, and Vote freely without prejudice, fear, or faction; then they are venerable Assemblies: but at the best, neither have nor ever had, without His majesty's concurrence, a power to raise Arms, or create generals, or order the Militia of the Kingdom. England did never see such an Example, such a precedent, 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 kingdom, assembled in Parliament, upon mature deliberation, in a case extraordinary (sitting the Parliament,) have disclaimed this power, and plainly acknowledged, That it is an essential 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 do contrary: and that the Prelates, Earls, Barons, Commonalty are bound to aid him as their sovereign 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 himself more forward, for the Redemption of those poor seduced Persons, than hitherto he hath done, who without any Authority on his part, or Obligation on their part, did hazard both their bodies and souls, merely 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 detained in durance. It is true they had Quarter given them, not out of any favour to their Rebellious courses, but out of pity to their Persons, and their misled seduced simplicity, in hope that when their eyes were opened they would return 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 condescended 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 murders, Robberies, Imprisonments of his majesty's loyal Subjects, only for keeping their Faith and Allegiance unstained, and their oaths inviolated. These men desire to be objects of Christian Charity, not Subjects, they would have this grace look towards them, but not from them: or otherwise they would be ashamed to ruin so many thousands of their Neighbours and Fellow Subjects, and yet talk of Christian Charity, as if it were a topical Argument, not a theological virtue. His next stalking horse is the Law of the Land. I would gladly know where that Law is written, which allows any Liberty or Privilege to a Subject, who is taken in actual Rebellion against his lawful sovereign. If he and his Adherents have no favour, but what the Laws of this Land do afford them, they must expect relief 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 only 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 detained 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 weak, as they are not likely to recover, and to the rest of them all necessary refreshments are denied, with intention to reduce them also to the like wretched state; and so in time to destroy them all. This and the like expressions contained in this Paper, being so publicly cast upon the Officers of this Army under my command, must of necessity reflect upon myself: 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 groundless confidence, (which he calls assurance) upon such weak and partial informations. The wounded soldiers were dressed and cured by our Surgeons, at our charges: The sick Prisoners were visited by the Queen's physicians, and medicines given them at our charges; these were no signs of any intention to destroy them: They have wanted neither Sermons, nor other Divine Offices: The wives and Sisters of such as have been sick, have had free Liberty from time to time to attend them: The public collections of such as favour them, and the private Benevolence of particular Friends, either in the city or Country, have been duly 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 careful governors keep sickness out of their Camps? If it were but out of a provident circumspection, for the safety of the city and ourselves, we had reason to use all our best endeavours, to keep contagious diseases from among them. This aspersion is rather cast upon Almighty God, than any way concerns us, unless he could show 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 city, some in Davy Hall, some in merchant's Hall, places of good receipt, some in private Houses, and sundry of them are admitted to walk up and down the city, with a Keeper. The common Prisoners in the Castle have the Liberty of the Castle, where they walk all Day long at their pleasure, and at Night lie in the great Hall, free both from Wind and rain. Now to censure men's intentions, upon probable Surmises, is rashness, to do it against such apparent light, is far from those Rules of Christian Charity which he pretends. If the Death of these Prisoners must be imputed to any man, to whom rather than to the Lord Fairfax himself? who drew them into their Rebellious courses, who hath neglected them in their distress, and now when he hath means to redeem them, seems to urge the sickness of some of them, rather as an Argument of Discourtesy towards us, then of relief unto them; as if he measured his favours not according to their passed service, but his present use. The ground of this heavy Accusation follows.  
Which doth more evidently appear, 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 frenetic 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 always an equal Exchange, according to a true geometrical proportion, if the one have a more considerable Estate than 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 mortality was past, before Wakefield was so accidentally and unfortunately lost; so as his lordship's 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 condescend to a Treaty, before the surprise of Wakefield, about the Redemption of the Sea-Croft Prisoners: but whether it was serious, or only feigned and fraudulent, to cast a Mist before our eyes, until 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. Nevil; 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 slight 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 soldiers, but M. Stanhop and M. Nevil were none, and by consequence knew not how to estimate soldiers according to their true worth, desiring that two soldiers might be named in their rooms. Which exception is so grossly and palpably frivolous in every man's judgement 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 mortality 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 mid way between York and Leeds, attended only with one troop of Horse, if the Lord Fairfax would do the like, The troops 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 engage 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, unless they might be delivered at Kippax, the place formerly refused by himself. And lastly, after general Goring was taken Prisoner, there was a Proposition made to deliver the whole 700 upon very favourable terms, so as the delivery of general Goring, might be treated of and concluded at the same time: but that was slighted also. By all which it is as clear as the Sun, that the Prisoners have had as fair Accommodation from us, as we could possibly afford, or their condition could expect▪ and that they may thank the Lord Fairfax, and none but the Lord Fairfax and his counsellors, for their long durance; that the subdolous Arts, the nice exceptions, the frivolous pretences, and the menacing lines of him or his counsellors, have been and still are the sole and proper cause, under God's just judgement of their deaths, who either have been or shall be swept away in this mortality which is fallen among them: yet he is not afraid to impute it to the Lord Goring and others. So it follows in his Declaration.  
Which is refused and opposed by the Lord Goringe and other Persons in that Army. I speak upon good assurance, the Lord Goring never interposed in this matter until his son's sickness, and then he was a Furtherer and Promoter of these prisoner's Liberty, until the Lord Fairefax by his threatning and unseasonable expressions in a Letter yet extant, (that such as took and detained those Prisoners, did run an hazard of their lives and fortunes,) had awakened him to a just consideration of His majesty's Honour and advantage. And since his son's inprisonment, he hath been an earnest Mover for a fair Treaty. If he seek to include his son therein, if he judge it unequal that all the Prisoners be restored to their Liberty, and he only who took them Prisoners remain 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 four or five days, to try if in the mean time he could procure the releasing of some of his superior Officers. The case is the very same, and his Officers had no such near relation to him, as such a son to such a Father. But if the Lord Goring's Desires be pertinaciously opposed, he is confident in the goodness of Almighty God and the success of his royal Master, that Deliverance shall arise shortly to his son by another means. 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 yielded up the place, are not withstanding made Prisoners, contrary to right and the Law of Arms. I have showed before that neither he, nor any of his pretended Captains in this war, can challenge any interest in the Law of Arms, yet nevertheless whatsoever was promised to any of them, either by myself, or by any Person by me trusted, shall 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 captain Fairfax and the other captains. 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 detained, 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 freedom and courtesy as he can desire; the others were stayed not for the business of Rotheram, but for the contribution towards the charge of the war which themselves had helped to raise, as was expressly concluded in the Treaty of Rotheram, if it had succeeded: and that with so much Courtesy and Respect, that the principal of them M. Westby is fairly slipped away. And to let the World see how unwilling I am to come near the brink of promise-breaking, or within the suspicion of it, I have given order for Captain Fairfax his liberty. He proceeds  
Captain Reynolds, captain Fulthorpe, M. Dalton, and M. Lilburne being all Men of quality are all thrown into Dungeons, and there kept in most miserable and inhuman durance. Thus he busieth himself to hunt after pretences, what are these four to him? two of them being bishopric Men, the other two serving under another command: unless he be the general Superintendent of the North, as he would be the general of the Northern Forces. But let us examine it. All thrown into Dungeons and there kept in most Miserable and inhuman 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 cypress Tree, to move his Spectators to pity. 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 summer Hall, with another Gentleman one M. Constable, a prisoner for debt: And they three have that long room to themselves, where sometimes above thrice three debtors have been kept. The two former have the freedom of the Castle, The two latter are indeed restrained 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 captain Ludlow. And also that Doctor Bastwick and Captain Ludlow are made close prisoners, and all conveniences for their health denied to them, insomnch as all the Gentlemen aforesaid are like to perish, through those unusual tortures and durances, which they suffer in their Imprisonment at York. Tortures and unusual tortures? who inflicteth them? when? upon whom? Falsehood always loves to go 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 than they deserved; I believe as good as the best Doctors in the Kingdom, who are now in the custody of the other party do find. And in this state they might have continued if a Malignant heart, an envious eye, and an inveterate rancour against sovereignty, had not incited them to broach pestilent principles to make their Chamber a school of error, a poisoned Fountain to infect the minds of His majesty's Subjects, with schismatical 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; until their Letters were intercepted forty Miles from York, brim-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 maintained, That they would seal the same with their Bloods. Then as it was high time they were confined to their lodging, an easy punishment for such an exorbitant crime. Who will suffer a scabbed sheep to mingle with his Flock? We use to shut up the doors 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 majesty's 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 grief, or for want of necessary sustenance, but of an hot fever, whereof Ludlow is dead, and Bastwick 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 counsel and comfort, and all other expediences which they did request. If that truth which they cry for in Religion, be of the same stamp with their moral 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 than 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 only because they remember their Duties, Oaths, Obligations to His Majesty, better than 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 majesty's Officers, to lead the Friends of the sick Prisoners into a fool's Paradise in expectation of some miraculous deliverance, to remove from himself 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 unhuman usage of our Prisoners in his Army. But to unmask him: I do hereby declare to all the world, that I ever have been, and still am ready to entertain a fair Treaty about the Prisoners. And now at last his Lordship may do well to keep an audit with his own Conscience and understanding, to take notice of that deluge of mischiefs 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 licentiousness for them to do what they list, and to compel all others that are not of their Faction to suffer what they list. He may do well to consider, That these men whom he imprisons are free men born, and fellow Subjects with himself, 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 general 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 than the most pernicious precedents of the worst times which ever England groaned under, will be no satisfactory plea for so many lives, and so many souls as have perished, and are like to perish in this unnatural Rebellion; That when his guilt is elevated to the highest, the Catastraphe (without timely prevention) will be the utter ruin of him and his Adherents. And his seduced Followers may do well also to open their eyes, and consider at how dear a rate hitherto they have purchased nothing but Repentance, with the ruin of so many Estates, the effusion of so much blood, the peril of so many souls, taken away in actual 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 merely led by the persuasions 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 guiltless, and they may blame themselves for all those mischiefs which fall upon their own Heads.  
FINIS.