A CONFUTATION Of the Earl of Newcastles REASONS For taking under his Command and conduct divers Popish Recusants in the Northern parts;  
WHEREIN Is showed both the unlawfulness, and danger of Arming of Papists:  
Being a thing of main consequence for all true Protestants to take present and special notice of.  
London Printed for Henry Overton, 1643.   

A CONFUTATION OF The Earl of Newcastles Reasons, for taking under his Command and Conduct divers Popish Recusants in the Northern Parts.  
THere is a Declaration lately printed under the name of the Earl of Newcastle, an Earl and Baron of England, and by birth and descent an English man, of the Family of Cavendish, now General of an Army in the Northern parts of the Kingdom; Consisting most part of Papists, raised, as is conceived, to suppress the Liberty of England, contrary to the Fundamental Laws of the Land; and to establish that long excogitated Arbitrary Government, which evil Counselors (aspiring by flattery to become great) have divers years since projected; Wherein the Author of the Declaration first desires the Subjects of the County of York, to take into their serious consideration several particulars, and expects credit to be given to them; these I pass over at this present, in hope the good Subjects of that County will in due time make it appear how little credit is to be given to the Author of that Declaration, who would justify actions so contrary to the professions of the Earl of Newcastle made to God, to the Church, and to his Country. Secondly, He desires to give satisfaction both to the Subjects of Yorkshire, and all other true Protestants of this Kingdom, why he hath been necessitated to take under his Command and Conduct divers Popish Recusants in the Northern Parts, alleging, First, It was not His Majesty's intention, nor the intention (for any thing his Lordship knows) of any in Authority under him, to admit any of them (that is to say, Popish Recusants) into that service, if the way had not been chalked out to His Majesty, and His Ministers, by the very men, in whose Forge the Objection was raised. Let (saith the Earl) the Muster Rolls of that Army which is named from the Parliament be perused, and then it shall appear plainly that the managers of that Army do exactly and distinctly know, that they now have, and for many months have had great numbers under their pay, both English, French, and other Nations, whom at their enrolment (and ever since) they did know to have been professed Papists; Whereas by the contrary, it is notoriously known, that before this course was taken by the other party, His Majesty and His Ministers did not admit to, nor continue any Soldiers in pay, who were suspected to be that way inclined, or did refuse the Oaths of Allegiance and Supremacy; Not that His Majesty thought it unlawful for him so to do, or that he did not hold his Recusant Subjects to be as strongly obliged by the Laws of this Land, for the defence of His Person, and the Liberty of Parliaments, and Laws of this Kingdom, as any of His Protestant Subjects: For if the Kingdom now stood under the fear of a Foreign invasion; Is it to be conceived that the Recusants of this Land were not by the Laws of the same obliged to adventure their lives and fortunes in the defence thereof? Sure the great confusion which is now in this kingdom, is of as fearful a consequence as any Foreign Invasion possible can be; and therefore Recusants are so far from being disobliged, as they stand deeply obliged for giving their assistance in this time of extremity; But His Majesty was very cautelous, and tender in this point, and certainly would not have looked towards it, if the other party had not first assumed that liberty to themselves, from which by the Law of the Land he saw himself no way barred.  
Because the Earl, or who else is the Author of that Declaration under his name, takes upon him to be privy to his Majesty's intentions, and to excuse his Majesty's Ministers concerning the arming of Popish Recusants, it were earnestly to be wished that men would not withhold the truth with unrighteousness, nor go about to deceive the world with Colours. Let the Author declare who chalked the way to His Majesty's Counsellors and Ministers, to advise and procure His Majesty to recommend, if not authorize Randoll Mac donell, now Earl of Antrim, a Papist (and by descent mere Irish, being the Grandson to Sorley boy mac donell by the Father's side, and of the most perfidious Traitor and enemy of the truth, Hugh Oneale, Earl of Tirone, by the Mother's side, who also was one of the Conspirators of the present Rebellion in Ireland, and yet is harboured about Newcastle, or Durham) to raise an Army in Ireland, with which he being General, should invade the kingdom of Scotland; a design, though crossed, more through emulation and envy, then for any regard to his Majesty's Honour, or conscience to afflict a Protestant Church and Nation by an Army of Papists, discovereth plainly that there hath been an intention to admit Papists to serve under His Majesty, for the destruction of some of his Protestant Subjects before such a supposed chalking out of the way, as the Author of this Declaration pretends, as may further be evidenced by the bringing of 500 Soldier's out of Ireland to Carlisle, a part (if not the greatest) of that number being Papists, and the many Popish Commanders, Captains, Officers, and Soldiers entertained and employed in the two Northern Expeditions against Scotland, in the latter of which, Garret Barry, now Lieutenant General of the Rebel's Army in the Province of Munster in Ireland, served; having quit his places held under the King of Spain, to come into England for an employment in that Expedition; another Barry also, a Papist much coversant at the Court, was Sergeant Major of a Regiment of Horse, Colonel Plunket, now in Rebellion in Ireland, Colonel Rely, an Irish man, with very many other Papists of Ireland, were enabled by the entertainment they received in England in those Northern Expeditions, to do no small mischief since to the Protestants, besides many others of Foreign Nations, with our own well known Country men of the Popist Religion; Witness likewise the Army raised in Ireland in the beginning of the year 1640. in a manner consisting of Papists altogether, save that the chief Officers of the Field, and divers other Officers and Soldiers were Protestants, that kingdom at that time not affording men of the Popish Religion, having Military abilities to discharge the duties of so great places, but nothing wanted to let them know how much they were relied upon: Sir Toby Mathews a Jesuit, attended upon the Earl of Strafford into Ireland in March, before the raising of that Army, and during his abode there, was lodged in his Lordship's house of residence, the Castle of Dublin, and every day rid upon one of Sir George Radcliffs horses to one or other of the public Masse-houses in Dublin, where Sir Toby consulted often and seriously with Prelates and other Ecclesiastical persons of the Church of Rome, by whom he prepared the party of Papists in the Parliament of Ireland then sitting, to assent to a Declaration against the kingdom of Scotland, and to grant more Subsidies to advance that war than they have yet paid: But to come nearer home to the writer of the Declaration, hath the Parliament or his Exeelencie the Earl of Essex given Commissions or power to any Colonel, or Commander of the Popish Religion to levy, conduct, and command Regiments, Troops, or Bands of men in the present service? As the Earl of Newcastle, his Majesty's General in the Northern parts hath done; Are there whole Regiments, or Companies, consisting all, or most part of Papists (exactly and distinctly known by the Parliament to be such) admitted to serve under the Earl of Essex, or any other Commander in Chief employed by the Parliament? Surely none. But such are in great esteem and credit, and much trusted in the several Armies lately raised, and now on foot by virtue of several Commissions granted by his Majesty to the Earl of Newcastle and others, to defend the Protestant Religion, the Laws of this kingdom (by which Papists are declared unfit to be trusted with Arms) and the Liberty of the Subject, as is pretended: Now admitting some Papists have through negligence, or by friendship with private Captains, or other Officers, got into the Parliaments Army (as it may be supposed some have done of purpose to betray the Counsels and designs of that Army) is that a good justification for exciting and authorising all the Papists in the North and other places fit to bear Arms, to take up Arms for for the destruction of the Protestants and suppression of Religion, Laws, and Liberties established in the Land? The Author of the said Declaration glanceth at the Proclamation lately published, prohibiting all Popish Recusants to come to his Majesty's Court, unless they would take the Oaths of Allegiance and Supremacy; stricter Proclamations against Papists have been frequent heretofore, yet they never affrighted the Papists, who were well acquainted with the intentions of the Advisors of such Proclamations: It is recorded in History that a Christian Emperor having under hand waged a great Army to war upon the Pope, caused the City of Rome to be sacked, and the Pope to be besieged in the Castle of Saint Angelo, yet when the tidings thereof became public and famous in all countries; he ordained a Fast to be observed in his Court for the safety and delivery of the Pope; an impious dissimulation, and such as should not be imitated by any Prince Christian.  
But it must be acknowledged that the Author of the Declaration aforesaid, dealeth more plainly than the Penmen of his Majesty's Declarations usually do, for he affirmeth that his Majesty thinks it not unlawful for him to admit into his service, and continue in pay professed Papists, and that his Majesty doth hold his Recusant subjects (meaning Papists) to be as strongly obliged by the Laws of the Land, for the defence of his person, and the liberty of Parliaments, and Laws of the Kingdom, as any of his Protestant Subjects, etc. whether his Majesty will avow the same or no is yet unknown, therefore till time discover it, let the Earl of Newcastle, or who else published the said Declaration under his name, be favourably pleased to understand, that although all Subjects be alike obliged by Law for defence of their Sovereign's person, and the liberties and Laws of the Kingdom, yet all Subjects have not the like interest in the liberties and Laws of the Kingdom now in force; neither did any Papist ever affirm, that he affects the liberty of the Parliaments as Protestants do, which his Majesty knows well by their carriage and insinuation at all times to bring him to dislike with Parliaments, if it were possible: And albeit his Majesty may be construed to be exempt from the Excommunication of Pope Pius against the Kingdom of England, because he was not borne in England, yet when the Prince of Wales, or any of his Majesty's Children shall succeed in the Royal Throne, they may be accounted Excommunicate, and if the Pope do at any time hereafter enjoin the Papist to deny Allegiance to his Majesty by colour of that Excommunication, or some other Roman device, may find as little fidelity in the Papists, as Queen Elizabeth did, and they will never conceive themselves so obliged as is set forth in the said Declaration, in regard they held a supremacy in the Pope above the King in matters Ecclesiastical, which at this time are become not the least occasions of the apparent evils, and threatened ruin ready to fall upon his Majesty's Dominions; nor doth the taking of the Oath of Supremacy secure their allegiance or fidelity to the Kings of England, being Protestants, considering there is a power admitted by them to be in the Pope to dispense with Oaths, in matters less conducing to the advancement of the Ecclesiastical Hierarchy, then to dissemble in taking the Oath of Supremacy, as testifieth the Example of Cardinal Askanius, who being released out of prison by the French King, and after great kindnesses received in that Kingdom, was permitted to go to Rome with the Cardinal D' Amboise to be at the election of a Pope, to succeed Pope Alexander, took an Oath that he would return to France again, yet refused so to do, having obtained the Pope's dispensation to break his faith with the Christian King, which a Heathen Roman of old would not do to escape the most grievous torments; the matter then standing thus, and the Law of England not allowing that Papists should have Arms, although the King may dispense with the Law in some cases, for the good and tranquillity of the people, yet in this case, where one of the pretences for Arming is the defence of the Protestant Religion, and another pretence is the maintenance of privileges of Parliament; Why is not his Majesty barred by the equity and intent of the Law from admitting Papists into the present service? Seeing all papists are taught to have both the protestant Religion, & the parliament more than any Religion or Court of Justice in the world, and therefore cannot be conceived by any of mean understanding, much less by the Earl of Newcastle, to stand neither so deeply obliged, nor so well affected to defend either the King's person, being a protestant, or the protestant Religion, or privileges of parliament, as the protestant Subjects of England are.  
The Author of the v declaration poceedeth to examine the pretended in conveniences where with the arming of papists is alleged to be attended, & in the first place voucheth for justification of the uniustifiable arming of papists, the example of the Emperor Charles the first, who being a Popish Emperor did not refuse the service of any of the Protestants of Germany in that Army wherewith he made war upon the Protestants; Secondly, he citeth the example of Henry the fourth, the late French King, while he was a Protestant, and did not reject the assistance of the french Papists that adhered to him, and lastly the example of the States of the united Provinces, who do not reject the auxiliary Regiments under the pay of the french King, because many of them (if not most) are papists: how fare remote these examples are from the present case, let all indifferent men judge: the Emperor Charles the fifth warred upon the protestants because they were protestants, and if in that case he admitted protestants to serve under him, and employed them in suppressing and destroying their brethren, we will blame his policy, and if at this day the Civil Wars of England were waged by his Majesty, to restrain the insolences and practices of the papists (who doubtless intent the like cruelties in England, as have been acted against the protestants in Ireland) who would think amiss of admitting papists to fight against papists, as in the Civil Wars of Ireland in Queen Elizabeth's Reign; moreover all the soldiers serving in the Army raised by the parliament, rare, and ever will be ready to spend their lives in defence of his Majesty's person, and desire nothing but confirmation of the Laws to be secured against the continual plots and practices of the Papists, to subvert this Noble Kingdom, and establish the Articles of the Antichristian Counsel of Trent therein, which may be the more easily effected by them, if once His Majesty shall be so far seduced by evil Counsel, as to continue them in Armies against his Parliament, upon pretence of jealousies, and suspicions of disaffection to his Royal person, a thing far below the thoughts of any Protestant, much more of the high Court of Parliament, who have in so many Declarations called God to witness the integrity of their hearts, to aim at nothing but the glory and greatness of his Majesty, and the preservation of God's holy worship without mixture of Idolatry, superstition, or error: As to the example of the late French King, was not his Succession and Coronation opposed by the Guises, and the Pope? Only because he was an Hugonite (as they term all Protestants in France) had he in any thing violated the Laws of the Realm when the holy League was made up to exclude him from possessing his royal Throne, or was be ever said to suffer evil Counsellors to go about, or endeavour to introduce other Government than the former Government of the Kingdom? Although these had not been causes sufficient, yet was there not the least of these pretended, what wonder was it then, if French papists adhered to their rightful and undoubted Successor of the Crown of France, and he should use their service against their fellow papists, who would set up Tyrants to rule against Law and good Conscience: This example therefore may not serve for justifying the Earl of Newcastles arming of papists at this time, no more than the other example of the States of Holland to admit the auxiliary Regiments of French men, some of whom may be, and are papists, nay supposing they were all papists, the Christian world seethe manifestly they may be employed in the Wars against the Spaniard, it is but papist against papist still, it is not against the protestants those French auxiliaries are employed, neither are they made use of to hinder the establishing and security of the protestant Religion: Let then all Englishmen that are not papists, be well advised, lest any impertinnent arguments divide them, but in all loyal dutifulness continue in unity, and endeavour to preserve the peace of the Land, and defend each others persons and estates against those enemies of their Religion & Laws, now armed by the Earl of Newcastle, and bear the reproaches of such men patiently until the Almighty, who ruleth the hearts of Kings, crown the religious endeavours of those that seek not their own, but the glory of God, and his Majesty, with blessings of peace, unity, and love in the fruition of his Majesty's royal favour and concurrence, to settle the distracted and distressed condition of this most noble and potent Kingdom, and of poor Ireland now sowed thick with the bodies of Martyrs, whose blood will doubtless produce a plentiful harvest of living Saints, through the mighty power of him that propagated his Gospel into all Lands, maugre all worldly power and policy that opposed it, I say no more, accounting the inferences of the Declarator unworthy of answer, but conclude with the Psalmist,  Psal. 129. Ver. 5, 6. 
Let them all be confounded and turned bacl that hate Zion.  
Let them be as grass upon the house top, which withereth afore it groweth up.  
Amen.  
FINIS.