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 point4 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 Kings5 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 of6 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 Sir7 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 my8 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.