IT is no new thing (though it was never so frequent as now) for Incendiaries to accuse Innocents, as disturb­ers of the publike tranquility of the Countrey. So ugly is the face of Rebellion when it comes unmask­ed, without some cloke or vizard over it, that even seditious persons cannot fancy it in themselves. The Charge which the Lord Fairfax gives against me in this Declaration, is like that of a Roman against his fellow Citizen, That he did not re­ceive his whole weapon into his body: He was angry that his neigh­bour should defend himself; and my Lord, that I should pro­tect His Majesties good Subjects from his violence. And though a generall accusation might justly be sleighted as a slan­der, to which by the Laws of this Land no man is bound to an­swer, to which it is impossible for any man to make a direct Answer (since it is not invested with the due circumstances of time and place and persons) neither is the Lord Fairfax able to bring one particular instance to make good his generall calum­niations; yet since it proceeds from a person of his eminency, I have thought fit, as well for the vindication of mine own ho­nour, as for the confirmation of the mindes of His Majesties well affected subjects in their loyalty, to repell his slanders in the Presse, as I doubt not by Gods assistance to do his Forces in the Field. Yet give me leave to wonder who they are that have an such influence upon his Lordships understanding, as to draw him in six lines to publish to the world six groundlesse [Page 3] aspersions, against a person that hath not deserved ill of him, without the least provocation.

The first is, That contrary to the Laws of the Land I have raised a great Army. I might answer, That the Laws are indeed an excellent standard and measure of Justice, so long as they are common to all parties: But when they become like spiders webs, to entangle some, and let thorow others; when some men must observe Law, and others will be free from all Law, it is the greatest partiality, and the falsest measure in the world. And as our Saviour said to the Pharisees; If I by Beelzebub cast out Devills, by whom do your children cast them out? they shall be your judges. So say I; If I be a Delinquent against the Laws for raising defensive Arms by vertue of His Majesties Commission (with whom alone the power of the Militia is en­trusted both by God and man) what is the Lord Fairfax and his partners for raising offensive rebellious Arms against their fellow subjects, without, nay, against His Majesties Autho­rity. But he hath appealed to the Laws: to the Laws let him go; Let him shew but any one particle of the known Law, Statute or Common, which I have violated, and I shall lay down Arms as cheerfully as I took them up. But if this be impossible (as without doubt it is) then cease at lenth to tell us of Laws in the clouds, or of Laws written in the Sybylls Books, which no men ever read or heard of but your selves. All true English men will disdain to exchange their Inheritance, the ancient Laws of this Land (under which they and their proge­nitors have already enjoyed such happy and Halcyonion dayes, and hope still for better from His Majesties greater experience and late Acts of Grace) either for a company of far-fetched dear-bought principles, drawn without Art or Judgement, by factious unskilfull persons, out of the Law of Nature or of Nations, as a Lesbian-Rule to serve their ambitious ends: Or for Arbitrary Government, which knows no boudns or limits, but the will of head-strong discontented persons. With what face can these men name the Laws of the Land? when one of [Page 4] them hath lately told the world in Print, That they are but the Inventions of men; yea, morall Precepts, fitter for Heathens then Christians. In a word; I raise Arms by the Law, and for the Law, to protect the Laws and Religion established; you, to subvert them both: I raise Arms under His Majesty, for His Majesty; you without Him, against Him, by vertue of your own Warrants: If it be not so, shew us but one text, one Statute, nay, but one poor case or president for your justifica­tion. And that you may see I am in earnest, I desire God to vouch safe his blessing and assistance to that party which stands truely and cordially for the defence of the known Laws of this Realm, and to deny it to all others.

The second Charge is, That mine Army consists of Papists and other Malignants. That I have in mine Army some of the Romish Communion I do not deny; yet but an handfull in comparison of the whole Body of it, I believe not above one of fifty: and I wish their consciences as well satisfied as mine own of the truth of our Professions: These I admitted for their loyalty and abilities, not for their Religion, as was most lawfull for me to do; a course warranted by the exam­ples both of God and man, and chalked out to me by them­selves: yea, it was a note higher in them, in a War pretended against Papists, to make use of Papists in places of great trust and command: nay, do they not still admit all sorts of Secta­ries, Brownists, Anabaptists, Familists, &c. I have demonstra­ted the equity of this course to the world, which they know not how to answer: the fidelity of the one, shall rise up in judgement against the Rebellion of the other, and condemn it: Certainly in this particular service they shew themselves bet­ter friends to the Protestant Religion then the others. But they are not satisfied to rob me of them, unlesse they may sweep away all the rest under the stale and empty name of Malignants: I do not much blame them, their intended work would be more easily atchieved. But let us enquire who in their Dialect are these Malignants; Are they who do not willingly part with their [Page 5] Religion, Laws, Liberties, Lively-hoods, left them by their fathers, upon Arbitrary Votes. So a thief may term a true­man a malignant, because he doth refuse to deliver his Purse upon demand: So the Wolves in their Treaty of Accommoda­tion with the Sheep, desired the Dogs to be delivered up to them as malignants. Those have hitherto been esteemed ma­lignant humours in the body Naturall, which being stubborn, rebellious, venomous, are with difficulty reduced to their right temper, either by strength of Nature, or skill in Physick; not those which are not easily infected, or distemper'd. This is new Learning, and requires a new Dictionary to warrant it. Before they conclude them malignant, they should do well to prove them to be peccant against any authentick Rule: The Apostle saith, Where there is no Law, there is no transgression; To accuse boldly, is not sufficient to convince. If a common adversary did not keep them in a kinde of Herodian unity for a time, your Brownists would soon condemn your ordinary disciplinarian [...] for malignants, and your Anabaptists again your Brownists, &c.

Thirdly, you charge me to have invaded this County of York. An insolent and presumptuous Challenge. Can the Kings Forces be said to make an Invasion in His own Dominions: The second blow may be said to make the fray, but it is the first that makes the Invasion. Say in good earnest, Did not your Forces first make Inrodes into the Bishoprick of Durham▪ under my charge? where they had no pretence of employ­ment? Did they not rob and plunder sundry of His Maje­sties liege people at Darnton, in such cruell manner, that the prime Officer of the Town died of grief within three or four dayes? Did they not give an assault upon Piers-bridge to their losse? And when I come to chastise these Intruders, can it be called an Invasion? Neither did I then set foot into this County, but upon the earnest solicitation and intrerty of the prime Nobility and Gentry of York-shire, to secure them from your violence and oppression. If Protection be Inva­vasion, [...] [Page 4] [...] [Page 5] [Page 6] then this is Invasion. I could nourish little hopes that these restlesse spirits, who could not be bounded within their own calling, would be contained within the limits of a Coun­ty: Or that they would spare me any longer, then untill they had fully subdued their Neighbours and fellow Subjects at home. Neither could I have been ever able to have given an Account to His sacred Majesty for such an unpardonable omis­sion, if being Armed by His goodnesse with sufficient power to represse such tumultuous disorders, I should see before mine eyes His loving and loyall Subjects trampled upon by His and their Enemies, in His Cause, and for His sake, and whilest they seek to me for succour, I should be wanting in my Duty to my dread Soveraign, and my necessary assistance to them. All this while the Lincoln-shire Forces are quite forgotten, they were Brethren, no Invaders.

The fourth Charge ariseth yet higher, For killing and destroy­ing some numbers of the Religious Protestant Subjects. Where did ever my Forces kill one man who did not take up Arms against us, or was not ready to have killed us first if he could? The weight of guiltlesse blood is more heavy then a mountain; The stain thereof not to be washed out with all the water in the Ocean, but onely by the tears of Repentance, and the blood of Christ. This weight and guilt of blood shall lie heavy upon the heads of those men, and of their seed after them, who have been the authors and fomentors of these horrid distractions, when Peace shall be upon the head of our Soveraign, and His Seed, and His Throne for ever. They that take Sword (without lawfull calling) shall perish by the Sword. And he that sheddeth mans blood (without a Commission from the King of Heaven, who onely hath originall Power over the lives of his crea­tures, and no multitude of men in the World, collective or representative, whatsoever) by man shall his blood be shed. The supreme Magistrate is Gods Vice-gerent, and beareth not the Sword in vain. But those who presume to use the Sword, and can derive no power from Him, it were meet for them [Page 7] to make their Accounts betimes with God, lest they die in the estate of Murtherers both of themselves and others, both of soul and body. It is an easie thing for an Orator to cast a mist before the eyes of vulgar people, and make them a plau­sible Discourse of the Cause of God, the true Religion, of suppres­sing Superstition and Idolatry, and setting up the right Worship of the Lord. They had hard hearts, if they could not afford them­selves a good word. But admitting, not granting, all this to be true (which is most false) will this Plea yet serve before the Judge of Heaven and Earth? Nothing lesse. These very men, and their Predecessors, have taught the contrary, have protested the contrary, have printed the contrary, Ant [...]mota certamina, before these unhappy differences began, whilest mens eyes were not fascinated with faction and prejudice: Then themselves condemned this very Doctrine which now they practice, as Antichristian and Anabaptisticall; and their present practice which they now defend, as seditious and sinfull: this would be truely laid to heart. And withall, That if the Lord Fairfax and his friends had been men of their words, or perfor­med that Agreement to which Honour and Justice did oblige them, all the blood which hath been spilled, or shall be shed hereafter in this Cause, had been saved; and upon their score it will be cast in the end, both by God and man. It would be known who they are whom emphatically (if not exclusively) he calls Protestants: Are they the successors in Doctrine of those first Reformers in Germany, whom from a Protestation made, they named Protestants? No, what these old Protestants allow­ed and practised as lawfull and necessary, these new Protestants condemn as superstitious and Antichristian. This is beyond the power of Omnipotency, to make both parts of a contradiction to be true, Protestants whilest they continue the same to be no Protestants; and no Protestants to be Protestants. If they do cordially love the thing, as they do hugge the name, why do we not all shake hands, and become friends.

And so from murthering their bodies, he proceeds to starving [Page 8] their souls; that is, By banishing and imprisoning the Zealous Ministers: This is my fifth Charge. I envy no mans zeal, but wish them Discretion proportionable to their Devotion. To satisfie their Charge home, first, de jure, what may be done. It hath ever been accounted lawfull to binde a phrenetick mans hands: Shall it be lawfull for these seditious Orators to bring railing Accusations to the Pulpits daily against the Lords An­oynted; such as Michael the Arch-Angel durst not bring a­gainst the Devill, and yet be free from question? May they prostitute the Ordinance of God to the rebellious designs of ambitious men, yet be free from question? Could these Am­bassadours of Peace keep themselves to that Theme, which was bequeathed to them by the Prince of Peace, they might long enjoy their Benefices and Liberties; yea, with some con­nivence to a truely tender conscience. But when a man may frequent their Sermons a whole yeer, and hear nothing but in­centives to War, shedding the blood of the ungodly, and joyning with others to make a great. Sacrifice to the Lord, may not a man justly say to them, as Queen Elizabeth sometimes to an Ambassadour, Hei mihi vocem Pacem expectavi, cur Bel­li clamorem audio? Are not these the same men who teach in their own Case, That he deserves more rigorous punishment who shall infect the Souls of men with poysoned Doctrine, then he that shall destroy their bodies with poyson. Are not these the men who upon the same grounds have silenced or imprisoned, or to use their own phrase, banished from their Churches so many of our Reverend, Learned, and Worthy Divines thorowout the whole Kingdome, to sub-introduce Hetere­dox and contentious persons in their Rooms? and may no man say to their Minions, not worthy to sit at the feet of the other, Domine cur ita faeis? Sir, why do you so: Or shall we once again bring in an exemption of Church-men privately at the back-door, which we have publikely thrust out at the fore-door. Thus you see it might be done, even up­on your own Grounds, in point of Right.

[Page 7] Now for the matter of fact, it is as much mistaken as the right, I have recollected my selfe, I have inquired of my Secretary, yet can I not find one Minister by me either banished or imprisoned. If any Minister either before my coming or since, being apprehensive of his owne demerits, or out of a guilty Conscience, without other compulsion did forsake his Church, and leave it as the Oestridge doth her eggs in the sand, without care or provision, you cannot call this Banishment. Or if any of your Ministers have assumed a pluralitie of Professions and added the Sword to the Word, if my Officers should meet with him in such a garbe, might they not in­quire an haec tunica Filii tui sit, and take him in his second capa­city. Or Lastly, if the Justices of this County, who live upon the place, and doe best know seditious persons, and the just feares and dangers of the County, have thought fit to restraine any man from doing hurt, was I bound to give a protection or a supersedeas? when you instance in particular persons you shall receive particu­lar satisfaction.

And so from the Body and Soule he descends to the Estate, the last step of his accusation, in these words, And hath besides done infinite spoile and waste upon the good Subjects, plundering, and taking away their goods and cattle, in so much as in many places, there are nei­ther men nor cattle left to till the ground. Lord how these men are touched to the quick, when any man but themselves dare offer to plunder, as if they desired not only the free Trade, but even the Monopoly of Plundering to themselves. I know no such places in this County as he mentions; if there be any such, without doubt they must needs know the desolation which themselves have made. But doe they thinke with such clamours and outcries to deafe the eares of men, and drowne the ejulations of poore people, whom they have harrowed. They have spared no Age, neither the vene­rable Old-man, nor the innocent Child; No orders of Men, The long Robe as well as the short hath felt their fury. No Sex, not Women, no not Women in Child-bed, whom common humani­ty should protect: No condition, neither Fathers nor Friends. [Page 8] They have spared no places, The Churches of Christians which the Heathens durst not violate, are by them prophaned. Their Or­naments have been made either the supply of their necessities, or the subject of their scurrillities, their Chalices, or Commu­nion Cupps (let them call them what they will, so they would hold their fingers from them have become the objects of their Sa­criledge, the Badges and Monuments of ancient Gentry in Win­dowes, and Pedigrees have been by them defaced; Old Evidences, the Records of private Families, the Pledges of Possessions, the boundaries of Mens Properties have been by them burned, torne in pieces, and the Seales trampled under thir feet. Seelings and Wainscot have been broken in pieces, Walls demolished, (a thing which a brave Roman Spirit would scorne to tyrannise over Walls and Houses.) And all this by a Company of Men crept now at last out of the bottome of Pandora's Boxe. The poore In­dians found out by experience that Gold was the Spaniards God, And the Countrey finds to their losse what is the Reformation which these men seek. At this very time I am informed they are executing the illegall Order for the Twentieth part of every Mans Estate in Craven, This would be a sufficient answer for them, but not a sufficient plea for me.

Therefore in the second place, I adde that my case is clear diffe­rent from theirs, There may be Treason against the King, there can be none against them. There may be Forfeitures of Estates to the King, none to them. The King may raise Arms and leavy a just Warre, whatsoever they doe in that kind is void by the Law of Nations; whatsoever they shall acquire in such a Course is not by Right, but a meer Nullity. No tract of time can weare away the unlawfulnesse of the first acquisition, but after an hundred yeares possession, they are still malae fidei possessores, possesse it with a bad Conscience, and are bound to make restitution.

Lastly, for matter of fact, when I came first into this County, I made a publicke Declaration against Plundering, (in-Print) which I have since endeavoured to observe. Yet that some men of [Page 9] their party have suffered in their Estates I doe readily grant, that is, either such as have absented themselves, or have refused to pay those proportions of money which were imposed upon them by the County. But whatsoever hath beene done in that kind hath beene done by the Gentry or the Committees by them named, with as much moderation as the present exigence of affaires would per­mit, wherein I have rather acted the part of their Minister, to exe­cute what they resolved, then looked upon that great trust which His Majestie hath imposed upon mee. So I have done with the charge.

The Lord Fairfax requires all Parties to appeare, and I Com­mand them all upon their Allegiance to stay at home. They may perhaps come thither without danger, but the difficulty will be to get safe back againe, sed revocare gradum, hic Labor hoc Opus est, and afterwards to avoyd certaine punishment for these tumultuous and Rebellious meetings. It were a more conscionable and discreet part of them, to repaire all as one unanimous body to their Sove­raign's Standard, and drive out these Incendiaries from among them, who have beene the true authors of all the pressing grievan­ces and miseries of this County.

Withall, his Lordship talkes of driving me and mine Army out of the County; he knowes this cannot be done without a mee­ting. If it be not a flourish, but a true spark of undissembling Gal­lantry, he may doe well to expresse himselfe more particularly for time and place: This is more conformable to the Examples of our Heroicke Ancestors, who used not to spend their time in scratch­ing one another out of holes, but in pitched Fields determined their doubts; This would quickly set a Period to the sufferings of the People, unlesse he desire rather to prolong those miserable distra­ctions, which were begun with breach of Promise. It were pitty if his desires lead him this way, but he should be satisfied: And let the God of Battells determine the right of our English Lawes and Liberties.