THE ANSWER OF Ferdinando Lord FAIRFAX TO A DECLARATION OF William EARLE of Newcastle, TOUCHING, A late VVarrant issued by the Lo: Fairfax, dated 2. February. 1642.

AS ALSO, The Lord Fairfax's willingnesse to decide the controversie with the said Earle of NEW-CASTLE in a fayre Field.

Printed by the appointment of Ferdinando Lord Fairfax: AT LONDON For Iohn Franke, and are to be sold at his shop next door to the Kings-head Taverne in Fleet­ctreet. March 3. 1642.

The Answer of Fardinando Lord Fair­fax, to a Declaration of VVilliam Earl of NEW-CASTLE, &c.

THere is come to my hands a printed Paper, Entituled, a Declaration of the Earle 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 confesse 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 himselfe of those just charges layd upon him in it; so that I might well spare the paines 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 Counsells that have endan­gered the ruine of the Religion and flourishing State of this Kingdom: And therefore though I want a Presse to divulge my conceptions, yet I shall make use of my pen to satisfie all impartiall judgements that every point [Page 4]in the ground of that. Warrant is most evidently true, wherein I shall observe his Lordships order, and begin with the defence of the first and second charges. That his Lordship hath contrary to the Lawes of the Land, raised a great Army of Papists and other Malignants. I hope no man is, or ought to be ignorant, that by a spe­ciall Statute declarative of the Law it is enacted, that the free subjects of England shall not be press'd 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 Coun­sell 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 neverthelesse the Earl of Newcastle hath contrary to the known law of the Land pressed and constrayned 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 leavied 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 justifie then deny it, and therefore I shall not need to say much to justifie the truth of the charges, onely I shall desire the Reader to observe this, that where his Lordship saith, the Kings Forces cannot make invasion in his own Dominions, it may be justly suspected, that the Kings [Page 5]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 intreaty of some of the Nobility and Gentry of this County.

For the fourth charge, the Earl of Newcastle doth not deny it, but he indeavours to extenuate the fact by allegation, that he hath killed nor destroyed none of the religious Protestant Subjects, but such as take up armes 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 mens persons, and carved what they need or please out of other mens estates without payment, will easily conclude that it is both more Chri­stianlike, & more lawfull & [...] coming a loyall English­man, to dye in his own defence, then to suffer both bo­dy and soul to be inflamed by the violence and practise 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 Armes without lawfull warrant from the King; Secondly, that if I had performed that agree­ment, which he alleadgeth 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 [Page 6]the Jesuit than of the States-man 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 Kings greatest and most infallible Councell the Parliament, by whose advice the King either is, or ought to be ruled, and by whose powerfull and prudent counsells and assistance, this Monarchy hath been suppor­ted for many hundred of yeers, and my prayers are that it may so subsist to the worlds end. And for the second it is not unknowne to all men curious to know the truth, that though the agreement which the Earl of Newcastle seemes to point at, was not concluded according to the instructions given by me, yet for avoyding of blood I observed it in all points, untill the adverse party had in­fringed it in four severall materiall branches, (which by divers Letters I represented to them) though never could obtain reparation, and untill 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, unlesse my Lord of Newcastle would have me ty­ed to perform all covenants, and allow the adverse party a Popish dispensation, giving them liberty to violate all, and be tyed by no bonds nor agreements.

And in this place I may properly take opportunity to tell the Reader, that four or five dayes 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 shew their armes, they were layed in wait for, and set upon by the Troopes commanded by Sir Thomas Glemham and Sir [Page 7] 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 guiltlesse 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 Earle of Newcastle, the Goales at York and Pomfret can witnesse 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 blamelesse 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 sixt 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 carefull I have been to suppresse the insolence of the souldiers 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 mens 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 quarrells with my [Page 8]warrant, that talkes of driving him out of the Country which truely I thinke 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 seemes to affect in appointing pitch'd [...] tells, I should most willingly designe both time, and place, to decide the controversie in a fair field, if the suf­ferings of the Country could be determined in one day or if the adversaries could be constrayned 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 beleeve me.

FINIS.

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