WHen I received notice lately, of a Declaration Dated the eight of this Moneth, made by the Lord Fairefax, intitling him­selfe untruely, and contrary to his own Con­science, Lord Generall for all the Northerne For­ces for King and Parliament; I could not choose but wonder, either at the strength of his ima­gination, to fancy such a Government to him­selfe in His Majesties Dominions, without His Royall Assent (especially knowing himselfe to be Proclaimed a Rebell, for such Trayte­rous courses:) or rather at his deep subtilty, under the pleasant bait of His Majesties pre­tended [Page 4] Authority, to hide the cursed hooke of Perjury and Rebellion, and by the sight of this counterfeit Flagge, to seduce His Majesties good Subjects, contrary to their Oaths of Allegiance and late Protestation, from their bounden Obedience, to detestable Faction and Treason: or howsoever presumptuously to profane His Royall name, to the raising and fomenting an unnaturall Warre, in the bowels of His owne Kingdome, directly against His Sacred Person, Crown, and Dignity. Without a Commission under His Majesties broad Seale, he may be (as he is indeed,) an Usurper and latruder into power, for which he, and all his Adherents; are obnoxious to His Majesty and the Law, in the high crime of Rebellion; but cannot justly nor with any Colour of reason, stile himselfe Generall to the King and Parlia­ment. The very counterfeiting of this power, without the true owner, leave, and against his expresse Command, doth evidently shew, That he knows he can have no Military Power with­out His Majesty, much lesse against His Majesty. As it is the hearty desire and prayer of all true Englishmen, that they may speedily see a bles­sed conjunction of King and Parliament; so we [Page 5] cannot but take notice, That they who joyne them together in their Titles and Pretenses, are they, and onely they, that divide them and sever them in their actions, and retard our hopes of an happy Union; partly by thrusting us into reall mischiefs, for fear of fictitious and imaginary dangers, and partly by opposing a sound and satisfying Accommodation. But perhaps it will be said, Though he make bold with the King, yet he derives a good Authori­ty from the Parliament. When the two Hou­ses are legally Assembled in a place free from Tumults, whither all the Members may re­paire with safety, and Vote freely without pre­judice, feare, or faction; then they are venerable Assemblies: but at the best, neither have nor ever had, without His Majesties concurrence, a power to raise Arms, or create Generalls, or order the Militia of the Kingdom. England did never see such an Example, such a Presi­dent, never heard of such a Challenge of Mili­tary Supremacy, made by the two Houses without the King, either in cases ordinary or extraordinary, before the beginning of these pernicious distractions. All the Orders of this Kingdome, assembled in Parliament, upon ma­ture [Page 6] deliberation, in a case extraordinary (sit­ting the Parliament,) have disclaimed this power, and plainly acknowledged, That it is an essentiall and inseparable Flower of the Crown, That it belongs solely to His Majesty, To defend force of Armour, at all times when it shall please him, and to punish them that shall doe contrary: and that the Prelates, Earles, Barons, Commonalty are bound to aide him as their Sove­raigne Lord at all seasons when need shall be.

Where the very Title is so apparently un­true & supposititious, what truth can be expe­cted in the body of the writing? The first sub­ject of his Declaration, are the Prisoners taken at Seacroft. Surely he had great reason to have expressed himselfe more forward, for the Re­demption of those poore seduced Persons, then hitherto he hath done, who without any Authority on his part, or Obligation on their part, did hazard both their bodyes and Soules, meerly to do him service. He pleads for them that

They had quarter promised them, that contrary to the Rules of Christianity, Charity, the Laws of this Land, and the Law of Arms they have been deteined in durance. It is true they had [Page 7] Quarter given them, not out of any favour to their Rebellious courses, but out of Pitty to their Persons, and their misled seduced simpli­city, in hope that when their eyes were opened they would returne to their former Loyalty: but I never heard that they had any Quarter promised, or that there was any Treaty held, or any Covenants proposed or condiscended un­to, but a free and absolute submission of them­selves. So the sole and single ground of this invective Declamation, hath no more truth in it then the Title. We are now told of Christian Charity, But where was the consideration of this Christian Charity, when the accord made at Rothwell, with his own consent, was perfi­diously broken? the observation whereof had saved the effusion of so much Christian Blood, and prevented so many Murthers, Rob­beries, Imprisonments of his Majesties Loy­all Subjects, onely for keeping their Faith and Allegiance unstained, and their Oathes invi­olated. These men desire to be objects of Chri­stian Charity, not Subjects, they would have this grace looke towards them, but not from them: or otherwise they would be ashamed to ruine so many thousands of their Neighbours [Page 8] and Fellow Subjects, and yet talke of Chri­stian Charity, as if it were a Topicall Argument, not a Theologicall virtue. His next stalking horse is the Law of the Land. I would gladly know where that Law is written, which al­lowes any Liberty or Privilege to a Subject, who is taken in actuall Rebellion against his Lawfull Soveraigne. If he and his Adherents have no favour, but what the Laws of this Land do afford them, they must expect releife in another world, upon their repentance. Neither will the Law of Arms help him. It is a confessed truth, that there is no Law of Arms, but onely between such as have a power of Arms lawfully invested in them. The Law of Nations doth except a Subject from pleading the Law of Arms against his Prince, or against any Authority derived from his Prince. But he saith further,

They have been deteined in such durance and under such Tyranny, as there is about an 100 of them dead, and about 200 of them made so sick and weake, as they are not likely to recover, and to the rest of them all necessary refreshments are denyed, with intention to reduce them also to the like wret­ched state; and so in time to destroy them all. This [Page 9] and the like expressions conteined in this Pa­per, being so publickly cast upon the Officers of this Army under my command, must of ne­cessity reflect upon my selfe: which hath in­creased my desire to understand the certainty of these particulars, which being known, may be a good caution to his Lordship, hereafter to take heed how he builds his groundlesse confidence, (which he cals assurance) upon such weake and partiall informations. The woun­ded Souldiers were dressed and cured by our Surgeons, at our charges: The sick Prisoners were visited by the Queenes Phisitians, and medicines given them at our charges; these were no signes of any intention to destroy them: They have wanted neither Sermons, nor other Divine Offices: The Wifes and Sisters of such as have been sick, have had free Liberty from time to time to attend them: The pub­lick collections of such as favour them, and the private Benevolence of particular Friends, either in the Citty or Country, have been duely converted to their best advantage: And except the inconveniences which accompany a long and throng imprisonment, they have wanted nothing which moderate men could [Page 10] desire. But an 100 are dead, and 200 more are sick. Let it be admitted, can the most carefull Governers keep sicknesse out of their Camps? If it were but out of a provident cir­cumspection, for the safety of the Citty and ourselves, we had reason to use all our best in­deavours, to keep contagious diseases from a­mong them. This aspersion is rather cast upon Almighty God, then any way concernes us, unlesse he could shew in particular, wherein the Officers have failed in doing their duties. To prevent all occasion of infection, they have been d [...]vided as much as possibly could be; Diverse of the Officers and some others are lodged in the Citty, some in Davy Hall, some in Merchants Hall, places of good receit, some in private Houses, and sundry of them are ad­mitted to walke up and downe the Cit­ty, with a Keeper. The common Priso­ners in the Castle have the Liberty of the Castle, where they walke all Day long at their pleasure, and at Night lye in the great Hall, free both from Wind and Raine. Now to censure Mens intentions, upon probable Surmises, is rashnesse, to doe it against such apparent light, is farre from those [Page 11] Rules of Christian Charity which he pretends. If the Death of these Prisoners must be im­puted to any man, to whom rather then to the Lord Fairfax himselfe? who drew them into their Rebellious courses, who hath neglected them in their distresse, and now when he hath meanes to redeem them, seems to urge the sicknesse of some of them, rather as an Argu­ment of Discourtesy towards us, then of Re­liefe unto them; as if he measured his favours not according to their passed service, but his present use. The ground of this heavy Accu­sation followes.

Which doth more evidently appeare, in that I have often offered exchange of Prisoners taken at Wakefield and other Places, for Redemption of those taken at Sea-Croft and elsewhere ▪ First, the evidence is not sufficient to prove his Asser­tion: He that shall bind the hands of a Phrene­tique man, or restrein Persons who are wilful­ly bent to hurt themselves or others, is not presently guilty of an intention to destroy them, since it argues much more probably a desire to save them. Secondly, an Exchange of Man for Man by the Poll, is not alwayes an equall Ex­change, according to a true Geometricall pro­portion, [Page 12] if the one have a more considerable Estate then the other: yet such Exchanges as these, we have either been necessitated to make with his Lordship, or to have none at all. Thirdly, a great part of this mortallity was past, before Wakefield was so accidentally and unfortunately lost; so as his Lordships offer came late, and unseasonably, even by his own Confession. But leaving all these advantages, the very truth is this, The Lord Fairefax did once condiscend to a Treaty, before the sur­prise of Wakefield, about the Redemption of the Sea-Croft Prisoners: but whether it was se­rious, or onely feined and fraudulent, to cast a Mist before our eyes, untill he got his ends on Wakefield, Let all the World Judge by the true Relation of it. The Persons appointed to treat for us, were M. Stanhop and M. Nevill; and for them M. Lambert and one M Robinson, The place named for the Treaty, was Kippax, The time Whitsun-even. But the very Evening be­fore the meeting (no sooner) he sent on pur­pose to forbid it, taking some sleight exception to the place, and desiring that Temple New­som might be named for it; and more to the Persons, alleging that M. Lambert and M. [Page 13] Robinson were Souldiers, but M. Stanhop and M. Nevill were none, and by consequence knew not how to estimate Souldiers accor­ding to their true worth, desiring that two Souldiers might be named in their roomes. Which exception is so grossely and palpably frivolous in every mans judgment that knows both parties, that it argues strongly, that the Treaty was nou [...]i [...]hed not heartily or bona fide, but craftily for private advantage: for the ve­ry night following they set forward toward Wakefield, and surprised it on Whitsunday, early in the morning. But both before and since the said Treaty, it hath been my desire to have the Prisoners exchanged or redeemed. To which purpose (I must be his Remembrancer) sun­dry Propositions have been made unto him, both before this Mortallity fell among them, and since: as to deliver three hundred of them for three Men, Sir John Goodricke, Sir Thomas Danby, and Major Hiliard; but it was refused. After this Sir Thomas Glemham offered the Lord Fairfax to release man for man, to bring the sick Prisoners in Carts or on Horseback, and to deliver them two miles from Tadca­ster, in the midde way between Yorke and [Page 14] Leeds, attended onely with one Troope of Horse, if the Lord Fairfax would do the like, The Troopes not to come within a quarter of a Mile each of other, but Officers to be appointed on either side to receive the Priso­ners, and the Lord Fairefax and Sir Thomas Glemham to ingage their words respectively each to other, that no interruption should be given to either party, going or returning: but this offer also was rejected as the former, un­lesse they might be delivered at Kippax, the place formerly refused by himselfe. And lastly, after Generall Goring was taken Prisoner, there was a Proposition made to deliver the whole 700 upon very favourable terms, so as the delivery of Generall Goring, might be treated of and concluded at the same time: but that was sleighted also. By all which it is as clear as the Sun, that the Prisoners have had as faire Accommodation from us, as we could possibly afford, or their condition could expect▪ and that they may thanke the Lord Fairfax, and none but the Lord Fairfax and his Counsellers, for their long durance; that the subdolous Arts, the nice exceptions, the frivolous pretenses, and the menacing lines of [Page 15] him or his Counsellers, have been and still are the sole and proper cause, under Gods just judgement of their deaths, who either have been or shall be swept away in this Mortallity which is fallen among them: yet he is not af­fraid to impute it to the Lord Goring and others. So it followes in his Declaration.

Which is refused and opposed by the Lord Go­ringe and other Persons in that Army. I speake upon good assurance, the Lord Goring never interposed in this matter untill his Sonnes sicknesse, and then he was a Furtherer and Promoter of these Prisoners Liberty, untill the Lord Fairefax by his threatning and un­seasonable expressions in a Letter yet extant, (that such as took and deteined those Prisoners, did run an hazard of their Lifes and fortunes,) had awakened him to a just consideration of His Majesties Honour and advantage. And since his Sons inprisonment, he hath been an earnest Mover for a faire Treaty. If he seeke to in­clude his Sonne therein, if he judge it une­quall that all the Prisoners be restored to their Liberty, and he onely who tooke them Priso­ners remaine in strict Custody, who can blame him? the Lord Fairfax confesseth in one of [Page 16] his Letters, that when an offer was made to him for the exchange of these Prisoners, he did on purpose delay it for foure or five dayes, to trye if in the meane time he could procure the re­leasing of some of his Superiour Officers. The case is the very same, and his Officers had no such neare relation to him, as such a Sonne to such a Father. But if the Lord Gorings De­sires be pertinaciously opposed, he is confident in the goodnesse of Almighty God and the successe of his Royall Master, that Deliverance shall arise shortly to his Sonne by another meanes. So from the Seacroft Prisoners he proceeds to Captain Fairfax.

And for as much also as Captain Fairfax and o­ther Commanders of Rotheram and those parts, having by Treaty their Liberty promised before they yeelded up the place, are not withstanding made Prisoners, contrary to right and the Law of Arms. I have shewed before that neither he, nor any of his pretended Captains in this Warr, can challenge any interest in the Law of Arms, yet neverthelesse whatsoever was pro­mised to any of them, either by my selfe, or by any Person by me trusted, shal be really and ef­fectually performed, so soon as it shall be made [Page 17] to appear that it was promised. There was a Treaty indeed, and almost a conclusion, but broken off by themselves, and afterward the Town delivered up by the Commissioners or Deputies named and trusted by the Town to negotiate for them, (who were all desirous to return to their Loyalty and Obedience,) not­withstanding the reluctation of Captaine Fairfax aud the other Captaines. Am I bound to make good all those Covenants which themselves deserted? Praesta mihi omnia eadem, & idem sum. This being the case, they might all have been deteined, without breach of pro­mise. Yet Captain Fairfax was permitted to to go to the Lord Fairfax, upon his own word to return, and hath been used with as much Freedome and Courtesie as he can desire; the others were stayed not for the businesse of Ro­theram, but for the contribution towards the charge of the Warre which themselves had helped to raise, as was expresly concluded in the Treaty of Rotheram, if it had succeeded: and that with so much Courtesy and Respect, that the Principall of them M. Westby is fairly slipped away. And to let the World see how unwilling I am to come near the brinke of [Page 18] promise-breaking, or within the suspition of it, I have given order for Captain Fairfax his li­berty. He proceeds

Captain Reynolds, Captaine Fulthorpe, M. Dalton, and M. Lilburne being all Men of qua­lity are all thrown into Dungeons, and there kept in most miserable aud inhumane durance. Thus he busieth himselfe to hunt after pretenses, what are these fower to him? two of them being Bishopricke Men, the other two serving under another command: unlesse he be the Generall Superintendent of the North, as he would be the Generall of the Northern Forces. But let us examine it. All thrown into Dunge­ons and there kept in most Miserable and In­humane Durance; Very high expressions: and all this to be published to the World, by the Lord Fairfax in a Declaration under his hand, and scarce one word of it to be true sub modo, as it is related? He that was the Penner of this passage needs not paint a Cypresse Tree, to move his Spectators to pitty. Surely the Lord Fairfax will never more give credit to those Informers, who suggested this unto him. Cap­tein Fulthorpe and M. Lilburne have the best chamber in the Castle to themselves. Captein [Page 19] Reynolds and M. Dalton are in the Sommer Hall, with another Gentleman one M. Con­stable, a prisoner for debt: And they three have that long Roome to themselves, where some­times above thrice three Debters have been kept. The two former have the Freedome of the Castle, The two latter are indeed re­streined and upon just grounds: Dalton for preaching openly Sedition and Rebellion to the prisoners, and Reynolds for seconding him in it.

His last charge is about Doctor Bastwick and Captaine Ludlow. And also that Doctor Bastwick and Captain Ludlow are made close pri­soners, and all conveniences for their health denyed to them, insomnch as all the Gentlemen aforesaid are like to perish, through those unusuall tortures and durances, which they suffer in their Impri­sonment at York. Tortures and unusuall tor­tures? who inflicteth them? when? upon whom? Falshood alwayes loves to goe masked in ge­neralities. Neither are those two Prisoners any thing to him at all, except his Christian Charity which is so cold to his Neighbours, do glow toward strangers. When Doctor Bastwick & Captain Ludlow were first committed to the [Page 20] Castle of York, they had all the Liberty which that place could afford and much better Ac­commodation then they deserved; I beleeve as good as the best Doctors in the Kingdom, who are now in the custody of the other party doe find. And in this state they might have conti­nued if a Malignant heart, an envious eye, and an inveterate rancour against Soveraignty, had not incited them to broach pestilent principles to make their Chamber a Schoole of errour, a poysoned Fountain to infect the minds of His Majesties Subjects, with Schismaticall and Se­ditious opinions. And yet for all this, they were not so restrained, but that they had two h [...]u [...]es allowed each day, to walk abroad with­in the precinct's of the Castle, for their health and recreation; untill their Letters were inter­cepted forty Miles from Yorke, brimme-full of prodigious Treason against the Person of His Sacred Majesty, and by them acknowledged to Sir Thomas Glemhan to be their own hands, and mainteined, That they would Seale the same with their Bloods. Then as it was high time they were confined to their lodging, an easie punish­ment for such an exorbitant crime. Who will suffer a scabb'd sheep to mingle with his Flock? [Page 21] We use to shut up the doores of persons infe­cted with the Plague, without any breach of the Liberty of the Subject. If a Papist doe but attempt to seduce any of His Majesties Sub­jects, it is death by our Law. And it is true, That being in this condition, of late they both fell sick, not of a Consumption out of Griefe, or for want of necessary sustenance, but of an hot Feaver, whereof Ludlow is dead, and Bast­wicke is upon his recovery, God give him grace to amend his manners. But that corollary which follows, That all conveniences for their health are denied them, was forged in the same shop with the rest of the Declaration. For they have had both their Medicines and Apotheca­ries to attend them, what and whom they de­sired; and their Divine to give them Ghostly Counsaile and comfort, and all other expedi­ences which they did request. If that truth which they cry for in Religion, be of the same stampe with their morall truths, God deliver all good Christians from it.

In the close of his Paper he intimates the like hard measure to our Prisoners taken at Wake­field, who as he saith have hitherto been used with all humanity and civility. I hope that to [Page 22] crowd them together into filthy and worse then Augean Stables, is no part of this civility. I hope that to choke them with the fumes of their own ordure, and to bury them alive in subterraneous Cellars, is no part of this humanity: where they cannot behold the light of Heaven but through a little grate of two spans breadth: and this onely because they remember their Duties, Oaths, Obliga­tions to His Majesty, better then themselves. But I delight not in recriminations.

By this we may conjecture in part, what is the true scope of this Declaration, to cast an aspersion upon His Majesties Officers, to lead the Friends of the sick Prisoners into a fooles Paradise in expectation of some miraculous de­liverance, to remove from himselfe the blame and envy of their long durance, as if he desi­red an exchange but we stopped it, and lastly, to excuse the hard and unhumane usage of our Prisoners in his Army. But to unmaske him: I do heereby declare to all the world, that I e­ver have been, and still am ready to entertein a faire Treaty about the Prisoners. And now at last his Lordship may doe well to keep an audit with his own Conscience and understan­ding, [Page 23] to take notice of that deluge of mis­chiefes and miseries which he hath brought upon this County, and made his native Coun­try a field or stage of blood, as if the Liberty of the Subject did consist in a Liberty, or ra­ther licentiousnesse for them to doe what they list, and to compell all others that are not of their Faction to suffer what they list. He may doe well to consider, That these men whom he imprisons are free men born, and fellow Subjects with himselfe, and with them from whom he pretends to derive his Autho­rity; That God and their King will expect a severe account of it; That the empty name & spurious title of Generall of the Northern Forces for King and Parliament, contrary to the light of reason, contrary to the plain Law of the Land, much more irregular and exorbitant then the most pernicious Presidents of the worst times which ever England groaned under, will be no satisfactory plea for so many lifes, and so ma­ny Soules as have perished, and are like to pe­rish in this unnaturall Rebellion; That when his guilt is elevated to the highest, the Catastra­phe (without timely prevention) will be the utter ruine of him and his Adherents. And his [Page 24] seduced Followers may doe well also to open their eyes, and consider at how dear a rate hi­therto they have purchased nothing but Re­pentance, with the ruine of so many Estates, the effusion of so much blood, the perill of so many Soules, taken away in actuall Rebellion, without knowing either what they desire, or what they fear, without one Text of Scripture or one particle of Law to warrant their acti­ons, being meerly led by the perswasions of the Lord Fairfax and their seditious Preachers, so much as in them is, to overthrow what they desire to build up, the Protestant Religion, the Law of the Land, the Liberty of the Sub­ject; That a timely submission is their only re­medy; That if they still continue their despe­rate courses, His Majesty and His Servants are guiltlesse, and they may blame themselves for all those Mischiefes which fall upon their own Heads.