THE DECLARATION Of the Right Honourable HENRY EARL OF CUMBERLAND. LORD Lieutenant General of His Majesty's Forcs in Yorkshire. And of the Nobility, Gentry, and others His Majesty's Subjects now assembled at York for His Majesty's Service and the Defence of This City and County. First Printed at York, and now reprinted at London; By special Command. 1642. THE DECLARATION Of the Right Honourable, HENRY, Earl of CUMBERLAND, etc. FRom the deep sense of the growing miseries which have formerly afflicted this distressed Country; and out of the grievous apprehension of those inevitable ruins, and desolations, with a real War fomented, hatched, and brought forth by our continual distractions, must infallibly bring upon us; We thought it the least of our duty to our God, our King, and our Country, to endeavour all means possible to discharge ourselves before God and Man, and to leave nothing unattempted which might avert and prevent those fearful calamities which as it must be consequently the most bloody and ruinous War of all others; and therefore in pursuance of that due affection to our Native Country; We first prevailed with our most gracious Sovereign, whose Royal Inclination met our humble desires, in the most ready ways, and apparent means which we could devise and find out the peace and safety thereof, and set aside all other respects, though never so much conducing to the main of His own affairs, for our security; and therefore carried away the fatal Cloud of War, which in a hideous form hung over our heads, to disburden itself in another Climate, so as we conceived, we had no further work of labour, but to pay the duties of praise and thankfulness to our God and King, whose grace and goodness had freed us from the visible consequences of a great and terrible tempest, but since it hath pleased the unsearchable Wisdom of Almighty God so to order it, That another storm hath broken and poured a great part of it upon this Country (when we least feared, and by those means which we least suspected) and that contrary to all expectation work our misery) there appeared those out of our own Bowels, which have begun a War and kindled a flame, which doth hazard the ruin and destruction of their Native Country; which we take as a Punishment due to our manifold sins and offences, and leave the particular executioners thereof, to His own wisdom and Justice hereafter, yet we have not been a wanting to the safety and protection of this People (so long, and in so many ways afflicted, but have appolyed ourselves to all such ways and means, which in Humane reason we could hope might procure a timely remedy to those bleeding wounds. And therefore in a Treaty at Rodwell, with some Gentlemen of this County, of whose affection to peace and Unity (though differing in Opinion from us) we were most confident: Sundry Articles were a greed and Concluded upon, all wholly tending to those ends, and conducing to real settlement, which was sought after by us with so much candour plain dealing, and earnestness, that we willingly let pass the manifest advantages which we then had over the opposers of the settled Peace of this County, and judging the affections of others by our own desires and inclinations, declined and quitted all other considerations, but such as might purchase a good correspondence and amity with those Gentlemen and others, whom at that time it lay in our Power to have forced or destroyed; and that nothing might be a wanting to oblige them, set at Liberty sundry Prisoners, some of good quality, upon their word and Faith, to return them again if the Treaty were not performed; and condescended to all the World knows that we aimed at the Public safety and assurance: Yet notwithstanding all this, without the least breach on our behalf, particular passions and interests hath so far prevailed, That as, soon as they were freed of the danger wherein they were then engaged, contrary to their Hands, Faith and protestations, they have wholly broken that Agreement so solemnly concluded, & without rendering the least reason (which indeed is impossible and of which they can never excuse themselves) have with indirect intentions; and by a specious offer of Peace (which it seems was the least of their thoughts) strengthened, and prepared themselves for War, by pretence of safety to the County, disveloped themselves from danger, and procured security to their own persons, and by a seeming desire to stop the deluge of War (began by them alone) opened a breach to all the miseries & calamities which must now most invitable overwhelm this distressed Country; whereby before the utmost extremity hath appeared, we have already suffered what can befall any people (setting aside, firing Towns and Villages) by the Hand of a cruel and Forr●igne enemy: Strangers brought into oppress us, our houses plundered, good, destroyed and taken away, our households dispersed, Wives and children banished, the persons of divers of us seized, and Imprisoned, our lives endangered, and sought after, by Sword or Famine; (and what is beyond all belief) those who are unquestionably innocent, and in no capacity to be involved in our pretended offences (if we be guilty of any) our Children (even those whose Infant years admit no colour of objection) our Servants (employed only in domestic, commands) sought after, and endangered in the same measure and degree of cruelty, violence, and oppression. And that no aggravation may be a wanting to enerease our sufferings, all those exorbitances executed under the glorious pretences of safety of Religion and preservation of State, and done by Authority and command of Parliament (which we acknowledge and believe to be the Guardian of Public liberty) and who we are confident being chosen by us for assertors of our Freedoms, will not enthrale us; being trusted with the property of our goods, will not take them from us; being selected for the preservation of our Laws, will not violate or infringe them; and that in so high a measure, as more could not be perpetrated, if we were conquered and subdued by the most barbarous and violent Enemy. We have heard and do believe, That both the Houses have commanded the Militia to be settled and that they think it necessary, for some reasons (best known to themselves) that the power which until this time, hath been unquestionably in the Kings of this land, should now be settled in themselves yet these admitted, we cannot be persuaded, That it is the intention or meaning of the Parliament, that all who are not convinced of the necessity, or who cannot dispense with their Oaths, which ties them to the known Laws of the Land till they be repealed, and to obey His Majesty's command in those things wherein it appears He hath manifest Right, until He hath given away and parted with that Right by His own assent; or who are yet Newters, and conscionably, expect a legal Rule whereby to be directed, should presently with out due process of Law, be devested from all property of Goods, Liberty of Persons, Lives and Fortunes, and be in a worse condition for not performing what is yet no Law, than any Man can be for offending and disobeying all the Laws which were ever yet established: and much less, that the friends and servants, the faulty and guiltless, those whose condition or inability free them from assisting in, or excercising any Militia, Clergymen, Babes, Old Men, Women, should be included and wrapped up in one common fate and destruction, contrary to the rules of God and nature; which make a large difference between the innocent, and the offender, & the customs and Laws of this Realm, which give freedom to divers in those cases and have so long maintained this Kingdom in peace, by distributing rewards and punishments (not to all a like) but to the conscionably obedient, or wilful contemners thereof. These destructive courses of violence, pretending necessity, were ever opposed when they were executed by Regal power, deferred and protested against by his Sacred Majesty, altogether condemned by former, and this present Parliament, & not to be done or consented to by any, without disobedience to His Majesty, offence to the Parliament, and injury to the Freedom and Liberty of this people and Kingdom. But we are fare from believing these to be the command and Acts of an English Parliament, which ourselves have so earnestly desired, so faithfully supported; but rather of some persons, who (being now) contrary to their hopes, armed with power to gain the affections of their Soldiers for farther ends and designs, and to make their particular profit by the general spoil, give away to this licentiousness, and suffer them to ransom persons and destroy the goods of the innocent people, and to make havoc and spoil of all which comes in their way, letting lose the Rains of government, and giving way to all manner of rapine (though the gain on their side doth in no measure countervail the loss on the other) to the unspeakable detriment and damage of this our flourishing, now miserable Country. By which courses it hath been already endamaged (as we offer to make good) to the value of 100000 l. besides the sufferance of many such barbarous outrages, scarce credible to be committed by Christians; and those so frequent, that if possible, they can be denied; and that the Houses will admit the proof, we shall make them appear in such numbers, and so abominable, will exceed the belief of any, unless they see them sufficiently witnessed and attested. Out of our desire of peace, we have already endured beyond mortal sufferance, and are ready to suffer still in our own particulars; and to set a part all Interests of our own, and to expose ourselves to the height of violence and rigour though undelerved (unless to obey our King according to His Laws be an offence) before we will hazard the peace of this County, and this people, for any regard or respect whatsoever. And therefore because as our Adversaries do speciously pretend, That their Arms are raised only for seizing upon Delinquents, and bringing them to condign punishments, or driving them out of the Country (which is their bait to catch the multitude.) We do unanimously profess and declare (although we are confident, and that their practices show that whosoever hath money or Place, or Movables, is a Delinquent, and must part with them ere he be guiltless.) to take away all scruples, if they will set down and express the names of the Delinquents (if any be amongst us) and their offences, upon assurance that no other end is sought by their Arms; and that once obtained, they will absolutely lay them down, and free the country: it shall be manifested, That we will not decline any just and legal trial, or desire that a war should be continued, or the people disturbed for the safeguard of them, or any of them: although we are most assured, that when by the term of Delinquency, they have quit their hands of such, who are most likely to oppose the ruinous proceed, that others whose wealth, estates, or former actions unpleasing to these men, have made them obnoxious, shall succeed in the same misery; and very many, who suppose themselves in a good condition of grace & favour with them, shall fall into the like misfortune, as soon as the Lion sees fit time to discover his hidden Claws; it being impossible they should be in a better estate of Innocency, than ourselves, who have not at all wilfully offended, or oppose any of the known Laws of this Kingdom. We have had woeful and sad experience, that the more our Adversaries are sought unto for peace, the farther they are estranged from it; and that all lenitive applications, do but exasperate our disease. We do protest before God and man, That we will yet apply ourselves to all means which may conduce to quiet, and settlement; but in the mean time will really and effectually labour for the safety of this Country ourselves, our wives, and children; and if for the preservation of all, that aught to be defended, and maintained by Mortal man: we are necessitated and compelled by their example to call in Forces, and desire the Assistance of the Earl of Newcastle, and of our friends and Neighbours in the adjacent Counties (being of our own nation, and whose turn is next, and cause the same with ours, and that thereby some unforeseen or unwished accident arise, not then to be remedied, and that Yorkshire become an Akeldama and field of blood, we lay the consequence? and effects thereof at the doors, and upon the heads of those men who first began, and kindled the flame in this County, and have hitherto refused our most brotherly and peaceable offers, and endeavouring for Unity & tranquillity, which on our parts hath been so earnestly sought after, and attempted; that we can justly now say, we have freed our own souls, discharged the duty of Christians, Englishmen, Patriates, and have been refused in all: so as there remains no more, but to defend our Country from Strangers, our Lives from violence, our Wives and children from extremity of injury, our Houses from Rapine, our goods from spoil, our Laws, liberties, property, and whatsoever is or can be near or dear unto us, from utmost hazard and destruction. In execution or which resolution, there is no course or means omitted, which may (as far as is possible) conduce to the benefit and preservation of the people. The Earl of Newcastle required assurance before he would march to our assistance, that the Country should be paid the billet of his Soldiers, which was before thought upon, and resolved by us, and caution is accordingly given; so that no man will receive ●osse or damage by those forces, as far as it is in our power to provide or foresee. And because they have hitherto built up themselves upon false reports and foundations, and disguise and make the truth according as it my best fit their ends, and serve their purposes; and thereby not only persuade the people with deceitful rumours of his Majesty's unfortunate proceed (when in truth God hath wonderfully blessed him with most fortunate success) but also casting false lights before their eyes, lay scandalous aspersions upon our actions and real intendments, for the benefit of this County, striving to possess them with a prejudicacy of whatsoever we go about to do; & accordingly are how seeking to poison the minds of the people with a false opinion, and causeless jealousy, That the Army now coming to our assistance, is assigned for the oppression, not deliverance; the destruction, not safeguard of the Country; and will be the ruin of it wheresoever they pass. To stop the poisonous mouths of malice itself, the Earl of Newcastle hath declared his honourable intentions, to leave the County in peace, as soon as he hath delivered it from these enemies of His Majesty, who now oppress and tyrannize over it. In which endeavour we doubt not, to find the real concurrence of all who have interest in this County, and that they will not be behind their Neighbours and Allies in seeking their own preservations, being all owners of one common cause, and must (what ever pretences be made) in the end, run the same course of violence and disolation. How ever, though we perish in this work, we shall rest satisfied, that we have preserved our Faith and Honour untainted: and if all other disert us in this resolution, we will not fail ourselves, nor our duty to our King and Country; wherein appears so much Justice and Piety: but are most confident by God's blessing upon the performance of our just endeaours; to repress the enemies of his Majesty's peace, and to conserve ourselves and this Country, to the Glory of God, the service of our King, and mutual comfort of one another. FINIS.