AN ANSWER Of the Right Honourable the Earl OF Newcastle His Excellency, &c. To the six groundless aspersions cast upon him by the Lord Fairefax, in his late Warrant (here inserted) bearing Date Feb. 2. 1642. By the Earl himself. The Protestation of the afflicted Ministers, Printed 1605. Pag. 4. Though the King command any thing contrary to the Word, yet we ought not to resist, but peaceably to forbear obedience, and sue for grace, and when that cannot be obtained, meekly submit ourselves to punishment. And Pag. 18. It is utterly unlawful for any Christian Churches by Armed Power against the will of the civil Magistrate to set up in public the true Worship of God, or suppress any Superstition or Idolatry. Printed at Oxford, and reprinted at Shrewsbury, 1642. IT is my Will and Pleasure, That this Answer, together with the Lord Fairefax his Warrant, be published in all Churches and chapels within this City and County of York. W. Newcastle. AN answer OF THE RIGHT Honourable the Earl of Newcastle, his Excellency, &c. IT is no new thing (though it was never so frequent as now) for Incendiaries to accuse Innocents as disturbers of the public tranquillity of the country. So ugly is the Face of Rebellion when it comes unmasked, without some cloak or Vizard over it, that even seditious persons cannot fancy it in themselves. The charge which the Lord Fairefax gives against me, in this Declaration, is like that of a Roman against his fellow Citizen, That he did not receive his whole weapon into his body. He was angry that his neighbour should defend himself, and my Lord, that I should protect His majesty's good Subjects from his violence. And though a general accusation might justly be slighted as a slander, to which by the Laws of this land no man is bound to answer, to which it is impossible for any man to make a direct answer (since it is not invested with the due circumstances of time and place and persons) neither is the Lord Fairfax able to bring one particular instance to make good his general calumniations; yet since it proceeds from a person of his eminency, I have thought fit, as well for the vindication of mine own honour, as for confirmation of the minds of His Majesties well affected Subjects in their layalty to repel his slanders in the press, as I doubt not by God's assistance to do his Forces in the field. Yet give me leave to wonder who they are that have such an influence upon his lordship's understanding, as to draw him in six lines to Publish to the world six groundless aspersions, against a person that hath not deserved ill of him, without the least provocation. The first is, That contrary to the Laws of the Land I have raised a great Army. I might answer, That the Laws are indeed an excellent standard and measure of Justice so long as they are common to all parties, but when they become like spider's webs to entangle some, and let thorough others, when some men must observe Law, & others will be free from all Law, it is the greatest partiality and the falsest measure in the world. And as our Saviour said to the Pharisees, If I by Beelzebub cast out Devils, by whom do your Children cast them out? They shall be your Judges. So say I, If I be a Delinquent against the Laws, for raising defensive Arms by virtue of His majesty's Commission (with whom alone the power of the Militia is entrusted both by God and Man) what is the Lord Fairefax and his partners for raising offensive rebellious Arms against their fellow Subjects, without, nay, against His majesty's authority. But he hath appealed to the Laws, to the Laws let him go? Let him show but any one particle of known Law, Statute or Common, which I have violated, and I shall lay down Arms as cheerfully as I took them up. But if this be impossible (as without doubt it is) then cease at length to tell us of Laws in the clouds, or of Laws written in the Sibyl's books, which no men ever read or heard of but yourselves. All true English men will disdain to exchange their inheritance, the ancient Laws of this Land (under which they and their progenitors have already enjoyed such happy and Halcionian days, and hope still for better from His majesty's greater experience, and late Acts of Grace) either for a Company of far-fetched dear-bought principles, drawn without Art or Judgement, by factious unskilful persons, out of the Law of Nature or of Nations, as a Lesbian rule to serve their ambitious ends: Or for Arbitrary Government, which knows no bounds, or limits but the will of headstrong discontented persons. With what face can these men name the Laws of the Land? when one of them hath lately told the world in print, that they are but the inventions of men: Yea, moral precepts, fitter for Heathens than Christians. In a word, I raise Arms by the Law, and for the Law, to protect the Laws and Religion established; you to subvert them both: I raise Arms under His majesty, for His majesty; you without him, against him, by virtue of your own warrants: If it be not so, show us but one Text, one Statute, nay, but one poor Case or precedent for your Justification. And that you may see I am in earnest, I desire God to vouchsafe his blessing and assistance to that party which stands truly and cordially for the defence of the known Laws of this Realm, and to deny it to all others. The second charge is, That mine Army consists of Papists and other Malignants. That I have in mine Army some of the Romish Communion I do not deny; yet but an handful in comparison of the whole Body of it, I believe not above one of fifty, and I wish their Consciences as well satisfied as mine own of the Truth of our Profession. These I admitted for their Loyalty and Abilities, not for their Religion, as was most lawful for me to do; a course warranted by the examples both of God and Man, and chalked out to me by themselves: yea, it was a note higher in them, in a war pretended against Papists, to make use of Papists in places of great trust and command, nay, do they not still admit all sorts of Sectaries, Brownists, Anabaptists, Familists, &c. I have demonstrated the equity of this course to the World, which they know not how to answer; the fidelity of the one shall rise up in judgement against the Rebellion of the other, and condemn it; Certainly in this particular service they show themselves better friends to the Protestant Religion, than the others. But they are not satisfied to rob me of them, unless they may sweep away all the rest under the stale and empty name of Malignants; I do not much blame them, their intended work would be more easily achieved. But let us inquire who in their Dialect are these Malignants; Are they who do not willingly part with their Religion, Laws, Liberties, Lively hoods, left them by their Fathers upon Arbitrary Votes? So a thief may term a trueman a Malignant, because he doth refuse to deliver his Purse upon demand; So the Wolves in their Treaty of Accommodation with the Sheep, desired the Dogs to be delivered up to them as Malignants. Those have hitherto been esteemed Malignant humours in the Body natural, which being stubborn, Rebellious, venomous, are with difficulty reduced to their right temper, either by strength of Nature, or skill in physic, not those which are not easily infected or distempered. This is new Learning, and requires a new Dictionary to warrant it. Before they conclude them Malignant, they should do well to prove them to be Peccant against any authentic rule: The Apostle saith, Where there is no Law there is no transgression; To accuse boldly is not sufficient to convince. If a common Adversary did not keep them in a kind of Herodian unity for a time, your Brownists would soon condemn your ordinary disciplinarians for Malignants, and your Anabaptists again your Brownists, &c. Thirdly, you charge me to have Invaded this County of York. An insolent and presumptuous Challenge. Can the King's Forces be said to make an Invasion in His own Dominions? The second blow may be said to make the fray, but it is the first that makes the Invasion. Say in good earnest, did not your Forces first make inroads into the bishopric of Durham under my charge, where they had no pretence of employment? Did they not Rob and Plunder sundry of His majesty's Liege People at Dornton, in such cruel manner, that the prime Officer of the Town died of grief within three or four days? Did they not give an assault upon Piers-bridge to their loss? And when I come to chastise these Intruders, can it be called an Invasion? Neither did I then set foot into this County, but upon the earnest solicitation and entreaty of the Prime Nobility and Gentry of Yorkshire, to secure them from your violence and oppression. If Protection be Invasion, than this is Invasion. I could nourish little hopes that these restless Spirits, who could not be bounded within their own calling, would be contained within the limits of a County: Or that they would spare me any longer than until they had fully subdued their Neighbours and fellow-Subjects at home. Neither could I have been ever able to have given an account to His sacred majesty for such an unpardonable omission, if being armed by His goodness with sufficient power to repress such tumultuous disorders, I should see before mine eyes His Loving and loyal Subjects trampled upon by His and their Enemies, in His Cause, and for His sake; and whilst they seek to me for succour, I should be wanting in my Duty to my dread sovereign, and my necessary assistance to them. All this while the Lincolnshire Forces are quite forgotten, they were Brethren, no Invaders. The fourth charge ariseth yet higher, For killing and destroying some numbers of the Religious Protestant Subjects. Where did ever my Forces kill one man who did not take up Arms against us, or was not ready to have killed us first if he could? The weight of guiltless blood is more heavy than a Mountain; The stain thereof not to be washed out with all the water in the Ocean, but only by the tears of Repentance, and the blood of Christ. This weight and guilt of blood shall lie heavy upon the heads of those men and of their seed after them, who have been the authors and fomentors of these horrid distractions, when Peace shall be upon the head of our sovereign, and his seed, and his throne for ever. They that take the Sword (without a lawful calling) shall perish by the Sword, And He that sheddeth man's blood (without a Commission from the King of Heaven, who only hath original Power over the lives of his creatures, and no multitude of men in the world collective or representative whatsoever) by Man shall his blood be shed. The supreme Magistrate is God's Vicegerent, And Beareth not the Sword in vain; but those who presume to use the Sword and can derive no Power from him, it were meet for them to make their Accounts betimes with God, lest they die in the state of murderers both of themselves and others, both of soul and body. It is an easy thing for an Orator to cast a mist before the eyes of Vulgar People, and make them a plausible Discourse of the Cause of God, the true Religion, of suppressing Superstition and Idolatry, and setting up the Right Worship of the Lord. They had hard hearts if they could not afford themselves a good word. But admitting, not granting, all this to be true (which is most false) will this plea yet serve before the Judge of Heaven and Earth? Nothing less. These very Men and their Predecessors have taught the contrary, have protested the contrary, have printed the contrary, Ante mota certamina, before these unhappy differences began, whilst men's eyes were not fascinated with faction and prejudice. Then themselves condemned this very Doctrine which now they practice as Antichristian and anabaptistical, and their present practice which they now defend, as seditious and sinful; this would be truly laid to heart: And withal, that if the Lord Fairefax and his friends had been men of their words, or performed that agreement to which Honour and Justice did oblige them, all the blood which hath been spilt, or shall be shed hereafter in this Cause, had been saved, And upon their score it will be cast in the end, both by God and Man. It would be known who they are whom emphatically (if not exclusively) he calls Protestants. Are they the Successors in Doctrine of those first Reformers in Germany, whom from a Protestation made, they named Protestants? No, what these old Protestants allowed and practised as lawful and necessary, these new Protestants condemn as superstitious and Antichristian. This is beyond the power of Omnipotency to make both parts of a contradiction to be true, Protestants whilst they continue the same to be no Protestants, and no Protestants to be Protestants. If they do cordially love the thing as they do hug the name, why do we not all shake hands and become Friends? And so from murdering their bodies he proceeds to starving their souls, that is, by Banishing and imprisoning the Zealous Ministers. This is my fifth charge. I envy no man's zeal, but wish them Discretion proportionable to their Devotion. To satisfy their charge home, first, de jure, what may be done. It hath ever been accounted lawful to bind a intrinsic man's hands. Shall it be lawful for these seditious Orators to bring railing accusations into the Pulpits daily against the Lord's anointed, such as Michael the archangel durst not bring against the devil, and yet be free from question? May they prostitute the Ordinance of God to the rebellious designs of ambitious men, yet be free from question? Could these ambassadors of Peace keep themselves to that theme, which was bequeathed to them by the Prince of Peace, they might long enjoy their Benefices and Liberties; yea, with some connivance to a truly tender Conscience. But when a Man may frequent their Sermons a whole year, and hear nothing but incentives to War, shedding the Blood of the ungodly, and adjoining with others to make a great Sacrifice to the Lord, may not a man justly say to them, as Queen Elizabeth sometimes to an ambassador, Hei mihi! vocem Pacis expectavi, Cur Belli clamorem audio? Are not these the same Men who teach in their own case, That he deserves more rigorous punishment who shall infect the souls of Men with poisoned Doctrine, than he that shall destroy their bodies with poison? Are not these the Men, who upon the same grounds have silenced or imprisoned, or, to use their own Phrase, banished from their Churches so many of our Reverend, Learned, and Worthy Divines throughout the whole kingdom, to subintroduce Heterodox and contentious persons in their Rooms? And may no Man say to their Minions, not worthy to sit at the Feet of the other, Domine, cur ita facis? Sir, why do you so? Or shall we once again bring in an exemption of churchmen privately at the backdoor, which we have publicly thrust out at the foredoore? Thus you see it might be done, even upon your own grounds in point of right. Now for the matter of fact, it is as much mistaken as the right, I have recollected myself, I have inquired of my Secretary, yet can I not find one Minister by me either banished or imprisoned. If any Minister either before my coming or since, being apprehensive of his own demerits, or out of a guilty Conscience, without other compulsion, did forsake his Church, and leave it as the ostrich doth her eggs in the sand, without care or provision, you cannot call this Banishment. Or if any of your Ministers have assumed a plurality of professions, and added the Sword to the Word, if my Officers should meet with him in such a garb, might they not inquire, an haec tunica Filii tui sit, and take him in his second capacity? Or lastly, if the Justices of this County, who live upon the place, and do best know seditious persons, and the just fears and dangers of the County, have thought fit to restrain any man from doing hurt, was I bound to give a protection or a sup●rsedeas? when you instance in particular persons, you shall receive particular satisfaction. And so from the Body and soul he descends to the Estate, the last step of his accusation, in these words, And hath besides done infinite spoil and wast upon the good Subjects, plundering and taking away their Goods and cattle, in so much as in many places there are neither Men nor cattle left to Till the Ground. Lord how these men are touched to the quick, when any man but themselves dare offer to plunder! As if they desired not only the free Trade, but even the Monopoly of Plundering to themselves. I know no such places in this County as he mentions; if there be any such, without doubt they must needs know the desolation which themselves have made. But do they think with such clamours and outcries to deaf the ears of men, and drown the ejulations of poor people, whom they have harrowed? They have spared no Age, neither the venerable Old Man, nor the innocent child; No orders of Men, the long Robe as well as the short hath felt their fury; No Sex, not Women, no not women in Childbed, whom common humanity should protect; No condition, neither Fathers nor Friends. They have spared no places, The Churches of Christians which the Heathens durst not violate, are by them profaned: Their Ornaments have been made either the supply of their necessities, or the subject of their scurrilities, their Chalices, or Communion Cups (let them call them what they will so they would hold their fingers from them) have become the objects of their sacrilege, the Badges and Monuments of ancient Gentry in windows, and pedigrees have been by them defaced; Old evidences, the Records of private Families, the Pledges of Possessions, the boundaries of men's Properties, have been by them burned, torn in pieces, and the seals trampled under their Feet. Ceilings and Wanscott have been broken in pieces, Walls demolished, a th●ng which a brave Roman spirit would scorn (to tyrannize over Walls and Houses.) And all this by a company of Men crept now at last out of the bottom of Pandora's Box. The poor Indians found out by experience that Gold was the Spaniards God, and the country finds, to their loss, what is the Reformation which these men seek. At this very time, I am informed they are executing the illegal Order for the Twentieth part of every man's Estate in Craven. This would be a sufficient answer for them, but not a sufficient plea for me. Therefore in the second place I add, that my case is clear different from theirs: there may be Treason against the King, there can be none against them: There may be Forfeitures of Estates to the King, none to them: The King may raise Arms and levy a just war, whatsoever they do in that kind is void by the Law of Nations; whatsoever they shall acquire in such a Course is not by Right, but a mere Nullity. No tract of time can wear away the unlawfulness of the first acquisition, but after an hundred years' possession, they are still malae fidei possessores, possess it with a bad Conscience, and are bound to make restitution. Lastly, for matter of fact, when I came first into this County I made a public Declaration against plundering in Print, which I have since endeavoured to observe. Yet that some men of their party have suffered in their estates I do readily grant, that is, either such as have absented themselves, or have refused to pay those proportions of money which were imposed upon them by the County. But whatsoever hath been done in that kind hath been done by the gentry or the Committees by them named, with as much moderation as the present exigence of affairs would permit, wherein I have rather acted the part of their Minister, to execute what they resolved, than looked upon that great trust which His majesty hath imposed upon me. So I have done with the charge. The Lord Fairefax requires all Parties to appear, and I Command them all, upon their Allegiance, to stay at home. They may perhaps come thither without danger, but the difficulty will be to get safe back again, sed revo●are gradum, hic labour hoc Opus est, and afterwards to avoid certain punishment for these tumultuous and Rebellious meetings. It were a more conscionable and discreet part of them, to repair all as one unanimous body to their sovereign's Standard, and drive out these Incendiaries from among them, who have been the true authors of all the pressing grievances and miseries of this County. Withal, his Lordship talks of driving me and mine Army out of the County; he knows this cannot be done without a meeting. If it be not a flourish, but a true spark of undissembled Gallantry, he may do well to express himself more particularly for time and place. This is more conformable to the Examples of our heroic Ancestors, who used not to spend their time in scratching one another out of holes, but in pitched Fields determined their doubts. This would quickly set a Period to the sufferings of the People, unless he desire rather to prolong those miserable distractions, which were begun with breach of Promise. It were pity if his desires lead him this way, but he should be satisfied: And let the God of battles determine the right of our English Laws and Liberties. Ferdinando Lord Fairefax, general of all the Northern Forces raised and to be raised for the Service of King and Parliament. To all and singular the Majors, bailiffs, Aldermen, and other Magistrates, and to the Ministers of the Churches within the West-Riding of the County of York, and to every of them. FOrasmuch as the Earl of Newcastle, contrary to the Laws of the Land, hath raised a great Army of Papists, and other Malignants, and with them Invaded this County of York, Killing and Destroying some numbers of the Religious Protestant Subjects, Banishing and Imprisoning the Zealous Ministers, and hath besides done infinite spoil and waste upon the good Subjects, Plundering, and taking away their Goods and cattle; insomuch as in many places there are neither Men nor cattle left to till the ground. These are therefore to desire and Command you respectively to cause to be Published and Proclaimed in all the Churches and Markets of this County, that all Men of able Bodies and well affected to the Protestant Religion, are required with the best Weapons and furniture for the War that they have, to assemble, come in, and assist me and the Army under my command, in expelling and driving away out of this County the said Army of Papists, and common Enemies of the peace; each Man bringing with him necessary victual for four days, only the said Forces thus to be raised, to draw down to the several places of Rendezvous hereafter named, that is, The West-Riding Men to Sherbourn and Abberford; The North-Riding Men to Tollerton and Awne; And the East-Riding Men to Stamford-Bridge, all of them to be there on Monday night next, And so to March forward as they shall be ordered by Command that shall meet them at the places aforesaid. And for so doing, this shall be your Warrant. Given under my Hand and seal the second Day of February, Anno Domini, 1642. FER. FAIRFAX. To John Taylor, one of the High Constables of Skiracke, to procure this to be Published within your division. FINIS.