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A86287 Extraneus vapulans: or The observator rescued from the violent but vaine assaults of Hamon L'Estrange, Esq. and the back-blows of Dr. Bernard, an Irish-deane. By a well willer to the author of the Observations on the history of the reign of King Charles. Heylyn, Peter, 1600-1662. 1656 (1656) Wing H1708; Thomason E1641_1; ESTC R202420 142,490 359

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Primate concerning his Answer to his change Fol. 42. A thing so far from being almost Demonstrable that it is not likely For let me ask for I hope it will be no abusing of your patience my most eloquent Cicero to ask one question whether he advised with the Primate in point of matter or of form in framing his answer to the charge I know you do not think the Primate so great a Lawyer as to be counselled and advised with for putting the Answer into Form The Lord Lieutenant being furnished with more learned Counsell as to that particular And I think also that you know how able the Lord Lieutenant was how well studied in his own affairs how well provided of all advantages in Order to the following tryal and consequently how unusefull the Lord Primate must needs be to him as to the matter of his Answer And whereas it is secondly said that after sentence he desired and obtained of the Parliament that the Primate might be sent to him to serve him with his ministerial office in his last and fatal extremity Fol. 43. There was good reason for this too though it make nothing at all to our Authors purpose For first the English Bishops were engaged in a dayly attendance both in Parliament and Convocation not to be taken off had he desired it upon his concernments especially considering that the Lieutenant had desired the Lord Primates company not only from the time of his sentence as the Pamphleter saith but from the very time that the Bill of Attainder was formed against him And 2ly had he made it his request to have some or any one of the English Bishops to assist him and advise with him in that last necessity It is most probable the Fears and Jelousies of the time considered that the sute had absolutely been rejected As for his taking him by the hand and leading him along with him to the Scaffold there wanted not very good reasons to induce him to it 1. To declare to all the world the reality and sincerity of their Reconciliaty the utter abolition of all former differences And 2ly That the Christianity and Piety of his last Deportment reported from the mouth of one who was known to be none of his greatest friends might find the greater credit amongst his Enemies I see my man of Law is a sorry Advocate though he may be good for Chamber-Councel for never was good cause more betrayed nor ill worse managed Having thus done with the Pamphleter as to this particular I should proceed to my next and last Chapter but that I must needs meet with Doctor Bornard whom I left but now upon that promise Not thinking he had Edified sufficiently by the general Doctrine of the Certificate without a particular application he makes a use of Admonition and Reproof to the Observator and fearing that might not be enough to confound the man for it appeareth not that ●e aimed at his Conversion he must needs have a fling at him in his Sermon preached at the Lord Primates Funeral in which he had some words to this or the like effect as I am credibly informed viz. There is one thing which I cannot forbear and am wished by others also to it and that is to vindicate him from the unjust a●persions of a late Observator as though he had advised the King to sign the Bill for the Earl of Straffords death and afforded some distinction between his pe●sonal and politique Conscience A matter altogether false as the Lord Primate himself had declared in his life time adding that there was something in the Presses to justifie him against that presumptuous Observator This is the substance of the charge in the delivery whereof I think the Preacher might have made a better Panegyrick had he been quite silent and not awakened those inquiries which are so little advantagious to the memory of that learned Prelate Howsoever if his zeal had not eaten up his understanding he should have gone upon good grounds and not have charged that on the Observator which he finds not in him Where finds he in the Observator that the Lord Primate advised the King to sign the Bill for the Earl of Straffords death Nowhere I dare be bold to say it and if h● can find no body else upon whom to Father it the Calumny if such it were must rest at his own dores as the Broacher of it The Observator only saith that he was one of those four Bishops sent to the King by the Parliament to inform his Conscience and bring him to yeeld unto the Bill That the Primate had couceived a displeasure against him for abrogating of the Articles of Religion established in the Church of Ireland Anno 1615. and that the Kings conscience was not like to be well informed when men so interessed were designed unto the managing and preparing of it All this might be and yet for all this it might not be that the Lord Primate advised the King to sign the Bill So that in brief the Preacher first raised this Calmny against the Primate and then Calumniates the Observator to make it good audacter calumniare necesse est ut aliquid haereat charge but the Observator home the presumptuous Observator so the Preacher called him and that will be sufficient proof to make good the Calumny Lesse reason is there in the next the second part of the charge though none in this there being no such thing in the Observator as the distinction between the Kings personal and politique Conscience The Preacher must look for that elsewhere if he mean to find it The Presumptuous Obsertator was not so presumptuous as to write things which till that time he never heard of and possibly had never heard of them at all if as well he as others had not been awakened by the Preacher to a further search And now upon a further search I can tell the Preacher where he may easily satisfie himself if his stomack serve him Let him but rake a Walk in the second part of Dodonas Grove he shall find it there And if not satisfied with that I shall direct him to some persons of worth and honour from whom he may inform himself more fully in all particulars But as it had been better for him had he not startled this inquiry in a publique audience for which he could not find just grounds in the Observations so I conceive that he will do that reverend person and himself some right if he suffer it to die with the party most concerned in it without reviving it again by his double diligence Non amo ●inium dilige●tes is a good old Rule but causa patrocinio non bona pejor erit is a great deal better CHAP. IX The Duke of Buckingham and the Earl of Bristol absolved from treason by our Author Of the papers found sticking in Feltons Hat and that they prove not that the late Remonstrance of the House of Commons was
condition in which he found them as the discourse ensuing will sufficiently evidence And as for the discourse ensuing that it may look more like to a methodicall and well-composed discourse I have not bound my self to the tract and method of the Pamphlet but digested all the scattered limbes thereof under severall heads to the end thou maist peruse them with the more content and satisfaction Yet so that there is not any one Paragraph or any one part or member of it which in some place or other of this following Tractate is not fully answered Our Author shall finde no cause of complaint as to that particular nor any just reason to give out that any thing which hath passed his pen be it great or little hath not been fully taken into consideration In that respect more justly and exactly dealt with than is accustomed in these cases or that he hath reason to expect by the unquestionable prescript of his own example The points in difference by this meanes will be brought more punctually and succinctly under thy perusall Judge thou according to the truth and God blesse thee in it So wisheth he who would not with the losse of Truth buy the greatest Victory P. HEYLYN Lacies Court in Abingdon June 7. 1656 Peter Heylyn Dr. in Divinity To Hamon L'Estrange Esq SIR ON Saturday May 17. I received a Pamphlet from you called The Observator observed inclosed in a paper superscribed with your own hand To the worthily Esteemed the Observator PETER HEYLYN No title added of Degree Profession or any other mark of discrimination no not so much as D. in Cosmography which out of your abundant bounty you have elsewhere given me and that twice for failing The Strangenesse of the Present and the more than ordinary disrespect in the Superscription put me upon a sudden perusall of it which having done and indeed before it was half done I was both sorry and ashamed to see so much of the Coat and so little of the Gentleman in it intituling me unto the Observations in your Superscripti●n and 〈…〉 from it in your Pamphlet where you call it a groundless suspition by me professedly disavowed fol. 25. you make your self an Adversary of you know not whom then proceed in handling him you care not how But let them pass for mine this once because the generall drift of your discourse will have it so and the designe will fall to ground of raising Trophees to your self on the promised victory without this concession But then it seemes you take me for a man of so dead a courage that nothing but the sense of Smart can quicken me to accept your Challenge and therefore lay upon me the worst kinde of blowes even reproachfull words as scurrilous and unbecoming as Scorn Envy can suggest or Impatience utter Nor stay you here The challenge of your Superscription being sent in private no body being able to testifie the delivery of it might have been pocketed up in silence without any engagement on my part or satisfaction on yours You have therefore added to the first a more publick and more bold defiance to provoke an Answer Proclaiming in the Pamphlet fol. 25. how scarce credible it seemed unto you that this Doctor of all men durst be so bold as to meddle with you that is to say so bold as to finde fault with any thing which had passed your Pen or to presume to rectifie the Story in such particulars wherein either your intelligence or diligence failed you I was not wont to sit down tamely under such and so many provocations nor find I any thing to affright me from taking up the Bucklers against such an Enemy whose tongue hath pro●ed his sharpest weapon Yet were it otherwise I durst have said with Cicero in another case Catilinae gladios contempsi non pertimescam tuos I have not feared the swords of more dangerous enemies and therfore shall not now shrink back at the sight of yours nor needed you to have given me so much Gall and Vinegar to quicken me to an encounter had you conceived I might have gotten any thing from such an Adversary whom nothing but a few hard words could render formidable And therefore if I have withdrawne my self from the present action put out the worke to some bold Champion as you know who phrased it and left the quarrel to be managed by a quicker hand I would not have it charged upon me as a tergiversation a turning back as those of Ephraim did of old in the day of battaile There are so many interessed in your bold defiances that I could neither want hands to fight this combat nor you be disappointed of the satisfaction which you chiefly aime at Onely I feare you will be somewhat disapointed of your expectation and not of your own onely but of that which you have raised in others by promising a Rejoynder added at the latter ●nd of your Volume and that both in the Title of your History and the Pamphlet too Great men love nothing more than to be attended and are commonly better knowne by their train of followers than by any other outward bravery But in this you have made your self too large a promise and presume more upon your greatness than you have just ground for The Rejoynder whosoever writes it will not march in the reare of your ragged Regiment or fill up the list of your Attendants or be dragged after your triumphant Chariot like a conquered Captive and much lesse serve as an Apocrypha to your pure Canonical We poor Cavies have all somwhat in us of the Independent and love to stand and go alone without such weak Crutches as either the countenance of your Name or the fag end of your Reply can afford unto us I hope you will not find here any such reproachfull language as you stand justly charged withall not onely in the whole course of your Pamphlet but in much of the History it selfe as it was first printed and intended for the publique view A good Cause need not be so managed though by interdicting all civil addresses to you by the name of Complement there be lesse cost bestowed in Holy-water than may possibly stand with your contentment I deny not but that the writer hereof may now and then incur the guilt of some Luxuriances you shall call them Follies if you please and sport himself with greater liberty than the gravity of a severe Judgement can dispense withall But I desire you would impute it rather to an honest zeal unto his friend than to a purpose of detracting any thing from you when either the solidity of your discourse or the weight of your arguments might have required a more solid manner of proceedings than such serious vanities How my Adventurer will come off must neither be left to your opinion nor to mine both of us being too much interressed to determine in it The Reader is made Judge between us and to him I leave it Only
point of Episcopacy is that he makes our Author take it for granted that the Government of the Church by Bishops is a thing of indifferency and thereupon was much agrieved that the Clergy should binde themselves by Oath not to consent to any alteration of it On this occasion the Pamphleter flies out against them with no less violence and fury then Tully against Cataline in the open Senate crying in these great words Quousque abuteris patientia nostra how doth this Observator provoke us Assuredly the Gentleman is extreamly moved his patience much off the hinges Patientia laesa fit furor as the saying is One cannot tell what hurt or mischief he may do us now he is in this rage and fury and therefore Peace for the Lords sake Harry lest he take us And drag us back as Hercules did Cacus T is best to slip a side a while and say nothing till his heat be over and the man in some temper to be dealt with and then we will not fear to tell him that his own words shall be the only evidence we will use against him The introduction which he makes to his discourse against the Oath required by the new Canons instruct us That many asserted in good earnest that Bishops and Presbyters in Scripture phrase were of equivalent import and denoted the self same persons without the least distinction c. That thereupon the Prelates seeing their deer Palladium so deeply concerned and heaved at did first cause the Press to swarm with Books setting forth the right upon which Episcopacy was founded and finding how little this advantaged them they took measure from their professed Adversaries the Generall Assembly of Scotland and by their example framed the Oath as an Anti-Covenant This is the substance of the Preamble to those objections but that I would not stir the mans patience too much I had called them Cavils which our Author makes against that Oath that some things were expresly to be sworn to which were never thought to have any shew or colour of sacred right but were conceived Arbitrary and at the disposition of the State and to exact an Oath of dissent from Civill establishments in such things of indifferency was an affront to the very fundamentals of Government Now the Oath being made for maintenance of the Doctrine and Discipline or Government established in the Church of England the Doctrine being confessed on all sides to be signanter and expresly pointed at and the discourse driving at the Government of the Church by Bishops who can conceive but that his Argument or Objection must tend that way also and that Episcopacy must be reckoned in the number of those things of indifferency for which there was no reason to require the Oath And though the Pamphleter would fain have it that Episcopacy is not in those things of indifferency but excluded rather yet this will do him as small service as the Press when it was said to have swarmed with Books had done the Bishops For first he doth not say that Episcopacy was not pointed at at all in those things of indifferency but not signanter and expresly our Author keeping a reserve or secret intention to himself upon al occasions Nor doth it help him secondly to say that the things there spoken of are such as never had any shew or colour of sacred right whereas Episcopacy in the very account of its adversaries hath some colour and shew of it fol. 39. Where first he pleadeth but very coldly for Episcopacy in giving it only some shew and colour which all Heresies Enthusiasticks and Fanaticall fancies all that have set up any other Government Papall Anarchicall Presbyterian do pretend unto And secondly it is not true hath any such colour or shew in the account of its adversaries Episcopacy as it stood in the Primitive times being by Beza called Humanus and Diabolicus as it stood in these latter ages An Humane invention in the first a Diabolicall institution in the last times of the Church and therefore questionless without any shew or colour of sacred right Nor doth he help himself much by the little Army raised out of the Northampton and Kentish forces under the command of the Lord Digby which is so far from putting the matter out of all dispute in the sense he meaneth that it rather doth conclude against him For if the Northampton-shire and Kent Exceptions limit themselves to Arch-bishops Arch-deacons c. our Author certainly is to blame in these two respects First that he did not limit his things of indifferency as they did before him And secondly that speakin such generall termes as he should think to help himself in the Postfact by their limitations T is true the History rendreth the Lord Digby as friend to Episcopacy when the London Petition came to be considered of in the House of Commons before which time he had begun to look toward the Court but telleth us not that he was so in the very first openings of the Parliament when the Oath required in the Canon was in most agitation And this I hope is fair for a Senior Sophister as you please to call the Obfervator who could have pressed these answers further but that the Gentlemans patience must not be abused nor himself provoked We must take care of that though of nothing else And so much for ou● Authors flutterings in the point of Episcopacy we will next see whether the persons be as pretious with him as the calling is CHAP. VI. The light excuse made by the Pamphleter for our Author in pretermitting Bishop Bancroft not bettered much in shewing the differences between the Doctrine of St. Augustine and Calvin Our Authors learned ignorance in the word Quorum The Observator cleared from foisting any thing into the Text of the History with our Authors blunderings in that point The disagreement between the Comment and the Text in the unfortunate accident of Archbishop Abbot Foisting returned upon the Author no injury done to Bishop Andrewes by the Observator Of Doctor Sibthorps Sermon and whether the Archbishop were sequestred from his Jurisdiction for refusing to license it The Pamphleters nice distinction between most and many in the repairing of St. Pauls and that these many did keep off in reference to the work it self The war against the Scots not to be called the Bishops war not undertaken by the King in defence of their Hierarchy nor occasioned by Archbishop Laud. The Scots Rebellion grounded upon some words of the King touching Abby-Lands in the beginning of his reign hammered and formed and almost ready to break out before the Liturgy was sent to them The Archbishop neither the principal nor sole Agent in revising that Liturgie Good counsels not to be measured by successe On what grounds the Liturgie was first designed to be sent to the Scots Disusing implies not an abrogation Abeiance what it is in the common Law The Communicants by what authority required to come unto the
to abuse his credulity and make him pay for false Copies as if true and perfect We found him in the snare before when he was fain to rouse up Mr. Prynns Ghost to help him out of it and now there is do remedy for ought that I can see but to conjure up the silly shaddow of Iohn Brown that famous Clericus Parliamentorum as he stiled himself to give him a cast of his old Office in the present plunge And yet upon these sorry grounds he builds his triumph and doth not only reckon this among the Observators mistakes Fol. 45. but tells him that in this particular he is as arrant an Errant as ever was Fol. 39. If he must needs be an Errant as you please to make him you will allow him to be a Knight Errant at the least I presume of that and then none fitter than our Author to be made his Squire 't is pitty that such a Don Quixot should not have his Sancho especially considering how easily he may fit him with some Ifland or other of the Terra incognita wherein the Vice may spend his wit and abuse his authority Our Author telleth us that the Bishops upon consideration of some antient Canons forbidding them to be assistant in causes of blood or death absented themselves at the tryal of the Earl of Strafford in which he more mistakes the matter than I thought he did or the Observator hath observed For whereas he conceivs the Bishops to absent themselves as if they did it by their own voluntary act of their own accord in reference to some antient Canons Certain it is that they were purposely excluded by the Votes of both Houses from taking Examinations and hearing the Depositions of Witnesses in the course of that businesse contrary to the former practice and their antient rights long time before this Cause was btought to a publike tryal and that not in relation to any such Canons but for fear they might discover some of those secret practices which were to be contrived and hatched against him Against which Preparations to a finall tryal or taking the Examinations or hearing the Depositions of Witnesses or giving counsell in such Cases as they saw occasion the Council of Toledo saith nothing to their disadvantage and therefore is produced here by the Pamphleter to no end at all but only for the ostentation of his mighty reading The Canon is Si quis Sacerdotum discursor in altenis periculis extiter it apud Ecclesiam proprium perdat gradum that is to say in our own Authors very words If any Priest shall intermeadle in cases endangering the life of others let him be degraded Fol. 40 41. Hereupon I conclude against him that the Bishops were to be admitted to all preparatory examinations in the present businesse because their Counsell and Assistance would have tended rather to the preservation than conduced to the endangering of the parties life Our Author being told by the Observator that the paper which contained the names of the Straffordians was not pasted on the Gates of VVestminster but on the corner of the wall of Sir VVilliam Brunkards House makes answer that the Reports were various concerning this paper that some of them agreed with the Observator and finally that for his part he had fastned upon another place not undertaking to warrant the circumstance but the thing Fol. 41. A very saving Declaration and of great advantage of which if our Author had bethought himself when he made his Preface it would have served his turn better and with less exceptions than to exempt himself so confidently from substantial falshoods and as he hopes I must be sure not to leave out that circumstantiall also Not undertaking to warrant the circumstance but the thing What a brave medicine have we here a Panpharmacon fitted for all diseases in his Temporalities and Localties too He may now confidently go on in mistaking not only daies but years in his Super-semi-annuating Super-annuating Subter-trienniating and Subter-sexenniating for I must cant to him in his own Language without all controul He doth not undertake to warrant the circumstance but the thing He may misplace battels feasts and entertainments with equal privilege It is but a matter of Locality and mere point of circumstance and t is resolved his undertakings extend only to warrant the things themselves and not the circumstances How easily might the Observator have excused the Errour about the first Trennium of P. Baro could he have gotten but a lick on my Authors Gallipot and helped himself with the same medicine when his need required But this preservative our Author keeps only to himself not having so much charity as to allow any part of it to the Observator should he mistake only in a day He makes it one of his mistakes in the generall Catalogne Fol. 45. that he had erred concerning the protestation that is to say for saying the protestation was taken the very same day in which it was framed before the Members were permitted to go out of the House Whereas saith he the Protestation was debated on the 3 day of May the ordering and framing thereof kept the House all that day till late at night So the Journals of that week which also present us with the Reading and taking thereof the next day by the whole House Fol. 41. These Journals are an other of our Authors helps but upon examination prove to be only false and imperfect Copies as hath appeared by our inquiry into some of those which before were cited But say his Copies what they will the Observator shall not vary from what he said nor save himself by declaring his undertataking not to warrant circumstances so he had the Thing The Author of the Book entituled A Brief and perfect Relation of the Answers and Replies of Thomas Earl of Strafford to the Articles exhibited against him by the House of Commons c. a very intelligent person whosoever he was and very punctuaal in the circumstances of time and place doth declare it thus viz. The House of Commons sate all that day Monday till 8 at night nor were they idle all that time but brought forth that Protestation or Bond of Association as they term it which is now in print it was then drawn up and without further processe or delay before they came out subscribed by the whole House except the Lord Digby and an Unkle or friend of his pag. 87 88. If this suffice not as a Countercheck to the Pamphleters Journals let him consult the Protestation it self as it was first printed where he shall find it with this Title viz. The Protestation taken in the House of Commons May the 3. 1641. I could adde somewhat of my own knowledge living then near the place and taking notice of all businesses from day to day but that I will not light a Candle in so clear a Sun-shine If no consideration could be had of the Observator in the mistake but of a