THE ANSWER OF Ferdinando Lord FAIRFAX TO A DECLARATION OF William EARL of Newcastle, TOUCHING, A late Warrant issued by the Lo: Fairfax, dated 2. February. 1642. AS ALSO, The Lord Fairfax's willingness to decide the controversy with the said Earl of NEWCASTLE in a fair Field. Printed by the appointment of Ferdinando Lord Fairfax: AT LONDON For john Frank, and are to be sold at his shop next door to the Kings-head Tavern in Fleetctreet. March 3. 1642. The Answer of Ferdinando Lord Fairfax, to a Declaration of William Earl of NEWCASTLE, etc. THere is come to my hands a printed Paper, Entitled, a Declaration of the Earl of Newcastle, wherein he assumes an intention to answer and vindicate himself from the six aspersions pretended to be cast on him in my Warrant, dated the second of Feb: 1642. I must confess there wants no flourish of art nor language in the Declaration to deceive an inconsiderate multitude, though to any judicious Reader, it will rather show that the Earl of Newcastle is galled and angry with the Warrant, then able to clear himself of those just charges laid upon him in it; so that I might well spare the pains of replying to it, if I had not a desire to undeceive the misguided opinions of that multitude, of which a great part do either lead or follow his Lordship in the destructive Counsels that have endangered the ruin of the Religion and flourishing State of this Kingdom: And therefore though I want a Press to divulge my conceptions, yet I shall make use of my pen to satisfy all impartial judgements that every point in the ground of that. Warrant is most evidently true, wherein I shall observe his Lordship's order, and begin with the defence of the first and second charges. That his Lordship hath contrary to the Laws of the Land, raised a great Army of Papists and other Malignants. I hope no man is, or aught to be ignorant, that by a special Statute declarative of the Law it is enacted, that the free subjects of England shall not be pressed to serve in the wars without their own consent in Parliament, and by judgement lately passed in Parliament, and executed, it is deemed to be high Treason, to levy war, or to Counsel the King to levy war within this Kingdom, in such manner as the Earl of Newcastle hath done, and by sundry other Statutes it is provided, that Recusants shall neither bear arms nor be suffered to have them in their houses, as inconsistent with the safety and peace of the Kingdom, and of the Religion therein established, and yet nevertheless the Earl of Newcastle hath contrary to the known law of the Land pressed and constrained the subjects to serve in this war, and many extremities have been by his order put upon those that refused: and hath raised and armed the Recusants, and with their Forces levied a War in the land, and all this pretended to be done under pretence (if any man have faith enough to believe it) for defence of the Protestant Religion, and the laws of England. For the third charge, that with this Army unlawfully raised, he hath invaded this county, it is too true, and so plain, as his Lordship seeks colours and arguments, rather to justify then deny it, and therefore I shall not need to say much to justify the truth of the charges, only I shall desire the Reader to observe this, that where his Lordship saith, the King's Forces cannot make invasion in his own Dominions, it may be justly suspected, that the King's Name and Authority in this particular, are misguided and misapplyed, seeing His Majesty hath often and solemnly promised, not to make this County the seat of a War, and therefore withdrew his own Forces from thence; and this suspicion receives more strength by the Earl of Newcastles own frequent confessions, that he undertook this invasion upon the earnest entreaty of some of the Nobility and Gentry of this County. For the fourth charge, the Earl of Newcastle doth not deny it, but he endeavours to extenuate the fact by allegation, that he hath killed nor destroyed none of the religious Protestant Subjects, but such as take up arms against him and his assistants, which are already confessed by him to be partly Papists, and all now proved to be unlawfully raised and employed, and whosoever will consider the attempts of that Army at Tadcaster and Bradford, and their oppressions at Leedes, York, and other places of the County, where they have practised all manner of Tyranny upon men's persons, and carved what they need or please out of other men's estates without payment, will easily conclude that it is both more Christianlike, & more lawful & 〈◊〉 coming a loyal Englishman, to die in his own defence, then to suffer both body and soul to be inflamed by the violence and practice of such enemies. In this fourth Article, the Earl of Newcastle takes liberty of extravagant expressions to infuse into the vulgar, two of his opinions: First, that I and those with me take up Arms without lawful warrant from the King; Secondly, that if I had performed that agreement, which he allegeth I was bound unto in honour and justice, all the blood spilt in this cause had been saved. Both the charges, as most part of the Declaration, seem by the cited authority, to have more in them of the Jesuit than of the Statesman or Lawyer, for the Earl of Newcastle cannot be ignorant, that I and those assisting me, act nothing which is not warranted, and directed by the King's greatest and most infallible Council the Parliament, by whose advice the King either is, or aught to be ruled, and by whose powerful and prudent counsels and assistance, this Monarchy hath been supported for many hundred of years, and my prayers are that it may so subsist to the world's end. And for the second it is not unknown to all men curious to know the truth, that though the agreement which the Earl of Newcastle seems to point at, was not concluded according to the instructions given by me, yet for avoiding of blood I observed it in all points, until the adverse party had infringed it in four several material branches, (which by divers Letters I represented to them) though never could obtain reparation, and until my own house grew unsafe for me, the adverse party sending me menacing Letters, and demanding restitution of prisoners, as if no agreement at all had been made: So that I cannot conceive how it should be thought that I broke the agreement, unless my Lord of Newcastle would have me tied to perform all covenants, and allow the adverse party a Popish dispensation, giving them liberty to violate all, and be tied by no bonds nor agreements. And in this place I may properly take opportunity to tell the Reader, that four or five days before the making of that agreement, Sir John Savile coming to meet me at Leeds, to view, and order the Trained bands according to the Ordinance of Parliament, and bringing some few of his Tenants and neighbours with him to show their arms, they were laid in wait for, and set upon by the Troops commanded by Sir Thomas Glemham and Sir John Goodricke, and other forces who slew three of the company, and made Sir John Savile and all the rest prisoners: And this was the first guiltless blood shed in this County since the King left these parts, and at whose hands it will be required the world may judge. For the first charge excepted against by the Earl of Newcastle, the Goals at York and Pomfret can witness with me, that I have not wronged his Lordship, for in them he hath imprisoned the Ministers of Knaresborough, Newton, Beningborough, Edlinton, and sundry other places, and he hath banished from their Cures, Master Carter the Minister of Ayworth, M. Tod of the new Church of Leeds, M. Nolson of Holebecke, Mr. Haukesworth of Hunslet, M. Headcoat of Ardsley, and the Ministers of sundry other places, being all of them men of blameless doctrine and conversation, and allowed by God and man to hold their Cures, and then what authority the Earl of Newcastle hath to imprison or drive them from it, is to me unknown. The sixth charge touching plunders done by his men he doth not deny, but takes no notice of the particulars, which indeed are infinite, but he spends much labour to asperse me with the same crime, of which I am confident the Country will acquit me, who know full well how I detest such Tyranny, and how careful I have been to suppress the insolence of the soldiers that way, and to cause reparation where I found any such acts have been done by the forces really under my command, and I wish the Earl of Newcastle would do the like, that so all men's purses that are filled by such unjust gains, might be left as empty as when they began to practise those detestable courses. And to conclude, the Declaration quarrels with my warrant, that talks of driving him out of the Country which truly I think all men that affect Religion & Peace have great cause to desire. And therefore without following the rules of A●●●●●●gaule, or the Knight of the Sun, which the language of 〈◊〉 Declaration seems to affect in appointing pitched 〈◊〉 tells, I should most willingly design both time, and place, to decide the controversy in a fair field, if the sufferings of the Country could be determined in one day or if the adversaries could be constrained to observe 〈◊〉 appointments. But both these being either impossible, or improbable, All I can say in answer of the conclusion is, that wheresoever I find an opportunity to offer or tell to his Lordship, I shall take it for a great honour that I may do him that service; and I hope all men that have observed the resolution of my Army, at tadcaster and Leeds, will easily believe me. FINIS.