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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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these mistakes together then if he had took them one by one as they came in his way especially considering that he gives a good reason for it that is to say that he might not trouble himself with the like observation at another time and did I think the Pamphleter would be ruled again by reason I could give him another reason for it that he was now to take his leave of those Observations which personally related to the two Kings in their several and distinct capacities This of King James in sending the Articles of Lambeth to the convocation of Ireland and the Assembly at Dort being the last point in which he was concerned in his own particular without relation to King Charles and not seconded by him It 's true we finde them acting afterward in the same design but in several times King James first setting out the Declaration about lawfull sports and King Charles seconding the same by a more strict command to have it punctually observed throughout the Kingdome Which giving the occasion to some observations and those Observations occasioning a sharp and uncivill Answer in our Authors Pamphlet I shall here take another leap to fetch in those Controversies before we do proceed to the examination of the rest that followes though the Debates touching the spreading of Arminianism and the supposed growth of Popery according to the course of time and the method of our Authors History do occur before it Only I must crave leave to hoop in here the Duke of York as a considerable Member of the Royal Family before I close this present Chapter Of him our Au●hor telleth us in his printed but unpublished sheets that he was by Birth-right Duke of York but to avoid the Scilla of that mistake he fals into the Charybdis of another as bad telling us in that leafe new printed but not new printed only if at all on that occasion that he was after styled Duke of York For which being reprehended by the Observator as one that did accommodate his Style to the present times the Gent. seemeth much distressed and in the agony of those distresses asks these following questions 1. How it is possible to escape the Observators lash 2. What shall an honest Historian do in such a case Fol. 25. In these two doubts I shall resolve him and resolve him briefly letting him know that an honest Historian should have said he was after created Duke of York and not styled so only And 2. That if our Author shewed himself an honest Historian the Observator hath no lash for him and so it will be possible enough to scape it Which said we shall go on to that grand concernment in which our Author spends his passions to so little purpose CHAP. IV. The Pamphleters mistake in making discontinuance equall to a calling in The uncharitable censure of H. B. and our Historian upon the first and second publishing of their two Majesties Declarations about lawful sports The Divinity of the Lords Day not known to Mr. Fryth or Mr. Tyndall two eminent Martyrs in the time of King Henry 8. nor to Bishop Hooper martyred in the time of Queen Mary The opinions of those men how contrary to this new Divinity This new Divinity not found in the Liturgies Articles or Canons of the Church of England nor in the writings of any private man before Dr. Bound anno 1595. The Observator justified in this particular by the Church Historian The Authors ill luck in choosing Archbishop Whitgift for a Patron of this new Divinity and the argument drawn from his authority answered An Answer to the Pamphleters argument from the Book of Homilies the full scope and Analysis of the Homilie as to this particular The Pamphleters great brag of all learned men on his side reduced to one and that one worth nothing The Book of Catechestical Doctrine ascribed to Bishop Andrewes neither of his writing nor approved of by him Our Authors new Book in maintenance of this new Divinity The Doctor vindicated from the forgings and falsifyings objected against him by the Pamphleter Proofs from the most learned men of the Protestant and reformed Churches 1 That in the judgement of the Protestant Divines the sanctifying one day in seven is not the moral part of the fourth Commandement 2 That the Lords Day hath no other ground on which to stand then the authority of the Church And 3 That the Church hath power to change the Day and to translate it to some other WE are now come unto the business of the Lordsday in which our Author sheweth himself a stiffe Sabbatarian taking his rise from the Kings Declaration about Lawful sports first published by King James at Greenwitch May 24. anno 1618. and by King Charles at Westminster Octob. 18. anno 1633. when published first it raised so many impetuous clamours as our Author told us in his first that the Book was soon after called in in which being otherwise informed by the Observator and so far satisfied in the point that the Book never was called in though the execution of it by the remisnesse of that Kings Government was soon discontinued will notwithstanding keep himself to his former error and thinks to save himself by this handsome shift that the discontinuance of the execution of it no matter upon what occasion for he leaves that out was a tacite suppressing and calling of it in Fol. 22. This is a piece of strange State Doctrine that the discontinuance of the execution of any Law Ordinance Canon or Act of State should be equivalent unto the calling of them in Our Author hath not found it so in the Act for Knighthood nor have the Subjects found it so in such penal Statutes as having lain dor● 〈◊〉 many years were awakened afterwards nor can it be inferred from hence that any of the Lawes against Priests and Jesuites are at the present or have been formerly suppressed and tacitely call'd in because by the clemency of King James the prudence of King Charles and the temper of the present Government there was and is a discontinuance of such Executions as only are to be commended when they may not then when they may possibly be spared What the occasion was in publishing of this Declaration the Observator tels at large from the Books themselves But H. B. in his seditious Sermon most undeservedly entituled For God and the King gives another reason for the publishing of it by King James which being not pertinent to my businesse with our present Author I forbear to mention that being already canvassed in another place But the design of the re-publishing of it in the reign of King Charles was by our Author in the first draught of his History as it was sent unto the Presse and printed though suppressed with others of like nature spoken of before affirmed to be a plot to gall and vex those godly Divines whose consciences would not vail to such impiety as to promote the work and for
Articles Fol. 43. But tell me Gentle Sir might not the Bishop of Derry be most active in it without a personal controversie betwixt him and the Primate if so then was the Primate more engaged in the quarrel about receiving or not receiving the Articles of the Church of England than you would gladly seem to have him If otherwise your Answer is nothing to the purpose nor confutes any thing affirmed by the Observator Some disagreement he confesseth to have been between them in that Synod about the Canons not the Articles of the Church of England but neither he nor the Observator being present at it they must rely upon the credit of their Authors The Observator as he telleth me had his intelligence from some of the Bishops of that Kingdom men of integrity and great worth present at all debates and conferences amongst those of their own order and so most like to give a just account of all passages there The Pamphleter takes his it seems from two members of the lower House of Convocation who neither were bound to tell more than they knew nor to know more than the advantages of the place they served in could communicate to them Which of the two intelligences have or should have most power in moving the Sphear of any common understanding let the Reader judge The Pampheter is almost spent and now plays with flies quarrelling the Observator for saying that this Convocation was held in Ireland Anno 1633. Whereas Dr. Heylyn whom he makes to be his alter idem hath placed it in his History of the Sabbath Anno 1634. It could not then proceed from ignorance in the Observator you have cleared him very well for that and it will be very hard for you to prove that it proceeded from negligence or from your ordinary excuse a lapse of memory Printers will fall into such errours do we what we can though the calculation be put down in words at length and not in figures more easily and frequently when they meet with figures not words in length And so much for all matters which relate to Arminianism The rest that follows shall be reduced into two Chapters the first for Parliaments and Convocations and the points coincident the second for all such other matters as cannot be contained under those two heads CHAP. VIII A voluntary mistake of the Author charged on the accompt of the Observator The Pamphleter agreeth with the Observator about the sitting and impowering of the Convocation Our Author satisfied in the c. left so unhappily in the Canon of 640. That the Clergy in their Convocation may give away their own money without leave from the Parliament The difference in that Case between a Benevolence and a Subsidie The Impulsives to that Benevolence The King not unacquainted with the differences between the Liturgies The words of distribution in the first Liturgy of King Edward no more favourable to Transubstantiation than those which are retained in the present Liturgy The reason why so many Papists have been gained of late to the Church of England The Convocation of the year 1640 appeared not by their Councel in the House of Commons New Lords created in time of Parliam●nt not excluded from their suffrage in it The difference between the Loan and the Tax made reconcileable the Commons in the Parliament 1621. not to be called petty Kings Our Authors weak excuses for it and the damages of it The Pamphleters great libertie in calculating the Estates of the Peers and Commons to make good his estimate The Bishops purposely left out in the valuation The true stating of the time of the charge against the late Arch-Bishop The Bishops not excluded by the Canon-Laws from being present at the intermediate proceedings in the businesse of the Earl of Strafford Our Authors resolution not to warrant Circumstances but the Things themselves of what not able advantage to him The Observator justified in the day of taking the Protestation The four Bishops sent to the King and not sent for by him The Bishop of London supernumerary The Pamphleters weak argument upon his silence in that meeting The Primate of Armagh not made use of by the Lord Leiutenant in framing the Answer to his charge why chosen to be with him as his Ghostly Father before and at the time of his death A fair and friendly expostulation with Dr. Bernard FRom the Convocation held in Ireland proceed we now to that in England both yeelding matter of Observation and both alike unpleasing to the Presbiterian or Puritan party And the first thing the Pamphleter layeth hold on is a mistake occasioned chiefly by himself He told us of a new Synod made of an old Convocation and Fathers the conceit such as it is on a witty Gentleman But now the witty Gentleman proves to be a Lord and therefore the Observators descant on Sir Edward Deering must be out of Doors Fol. 34. Had the Historian spoke properly and told us of a witty Lord who had said so of that Convocation the Observator would have took more pains in inquiring after him but speaking of him in the notion of a Gent. only though a witty Gentleman the Observator had some reason to conceive it spoken by Sir Edward Deering one of whose witty Speeches was made chiefly upon that occasion But as this Lord is here presented to us in the name of a Gentleman so Mr. Secretary V●ne is given unto us in the unpublished Sheets by the name of a Lord. Had he corrected himself in this expression as he did in the other he might have eas'd himself of some work excused the Observator from some part of his trouble and freed Sir Edward Deering from the Descant as he calls it of the Observator The Historian had affirmed that the Convocation was impowered to sit still by a new Commission To this the Observator answereth no such matter verily the new Cōmission which he speaks off gave them no such power the writ by which they were first called and made to be a Convocation gave them power to sit and by that writ they were to sit as a Convocation till by another writ proceeding from the same authority they were dissolved Doth the Pamphleter deny any part of this no he grants it all and takes great pains to prove himself a most serious Trifeler Confessing that though the Convocation were not dissolved by the dissolutiof the Parliament yet that it had so little life in it as the King thought fit to reanimate it with a new Commission Fol. 34. not one word in this impertinent nothing of above 30 lines till the close of all where the light-fingered Observator is said to have pocketed up the Break-neck of the businesse in suppressing what the Lawyers sent along with their opinions viz. that they would advise the Convocation in making Canons to be very sparing And this he saith he is informed by a member of that Convocation and one as knowing and
3 years but at the end of each second year proved by the Statutes of the Lady Margaret Countesse of Richmond and Derby the foundresse of it 3. That Peter Baro never went or retired into France after the resignation of his Professorship but lived and dyed in Crutched Friers as may be proved by the Testimony of a Son of his who is still alive In the two first of these we have Confitentem reum the Observator crying peccavi and confessing guilty but so that he had good authority for his errour in it For first the Pamphleter hath told us That very many were of the contrary belief that is to say to the election of that Professor every second year so the wonder is the lesse if the Observator should be one of those very many 2. He had found in the History of the Lambeth Articles printed at London 1641. that Baro at the third years end for so long he was to hold that Lecture by their antient Ordinances relinquished his Professorship and betook himself to his private studies Baro saith he elapso tri●nnii spatio Nam vetere instituto in illius lectura triennalis est professio professione abiit in privata se studia recondidit 3. He had read in a book called Responsio necessaria published by the Remonstrants Anno 1615. That notwithstanding the coming of those Articles he continued in his Professorship Donec exacto suo triennio professio utique il a qua in Collegio fungebatur in triennium solum prorogabatur professione se abdicavit tranquillam ut viveret vitam privatis se studiis totum dedit that is to say that his three years being expired that Professorship being continued in that University but for three years only he left the place retired unto a private life and gave himself wholly to his studies 4. He hath found also in the History of Cambridge writ by Mr. Fuller a Cambridge man and one that should have known the Customs and Statutes of that University that the end of Doctor Peter Baro the Marguaret Professor his Triennial Lectures began to draw near c. Sect. 21. which layed together I would fain know of the equal and impartial Reader First whether the Observator may not be excused for making that Lecture to continue from three years to three years And secondly whether the exacto suo Triennio in the Book called Responsio necessaria and the end of his Triennial Lectures in Fullers History might not induce him to conceive that Dr. Baro gave over the Professorship at the end of his first three years In the last point the cause is not so clear on the Pamphleters side nay it will rather go against him Mr. Prynne a man diligent enough in the search of any thing which concerns his Argument hath told us positively in his Auli-Armianism pag. 268. that being convented before the heads of that University he was not only forced to forsake the University but the Kingdom too For which he citeth Dr. Ward in his Concio ad Clerum Anno 1626. and Thytius in his Preface ad Fratres Belgas Nor do the Pamphleters proofs come home to conclude the contrary unlesse the Argument be good that Baro lived and died in London and was buried there in St. Olaves Church Ergo he retired not into France upon his first relinquishing of the University And if it be true which the Pamphleter telleth us That the Bishop of London ordered the most Divines in that City to be present at his interment it is a good Argument that both the Bishop and most eminent Divines of London were either inclinable to his opinions or not so much averse from them as not to give a solemn attendance at the time of his Funeral As for the Story of these Articles as layed down in the Observator he tellerh us it was never heard off till the year 1641. which sheweth how little he is versed in his own concernments the same story let him call it a Tale if he will being published in the Responsio necessa●ia Anno Dom. 1615. which was 26 years before and but the 20th year from the meeting at Lambeth And though the Kentish man he speaks of whosoever he were might be unborn at the time of the making of the Articles as he saith he was yet the Remonstrants who published the Responsio necessaria must be born before and probably might have the whole Story from Baro himself with whom they coresponded in these points of controversie Adeo absurda argumenta ineptos habent exitus as Lactantius hath it On what accompt these Articles were made a part of the confession of the Church of Ireland hath been shewen elsewhere we must next come unto the abrogating or repealing of them for saying which the Observator stands accused although repealing be the word of our Author himself in the first Edition Fol. 132. yet now he singeth a new Song and telleth us many things quite different from the common opinion and from his own amongst the rest assuring us that the Articles established in the Church of Ireland Anno 1615. were never abrogated and proving it by a Certificate under the hands of Doctor Bernard and one Mr. Pullein if he be not of a higher degree both of them convocation men and present at the conclusion of it Anno 1634. But this Certificate will prove upon examination to conclude nothing to the purpose It is acknowledged both in the Certificate and Canon That they did not only approve which might a been a sufficient manifestation of their agreement with the Church of England in the confession of the same Christian faith but that they also did receive the Book of Articles of religion agreed upon by the Archbishops and Bishops and the whole Clergy in the whole convocation holden at London Anno Dom. 1562. Now the Receiving or superinducing of a new confession will prove equivalent in the Fact and I think in Law to the repealing of the old for otherwise there must be two confessions in the same Church differing in many points from one another Which would have been so far from creating a uniformity of belief between the Churches and taking away thereby the matter of Derision which was given the Papists in two distinct and in some points contrary confessions yet both pretending unto one and the same Religion that it would rather have increased their Scorn and made a greater disagreement in Ireland it self than was before between the Churches of both Kingdomes And this the Certificate it self doth seem to intimate In which we find That one of the Assembly some rigid Calvinist belike stood up and desired that the other Book of Articles that is to say in the year 1615 should be be joyned with it which proposition being it might have made some rub in the business if it had been absolutely denied was put off by this cleanly and handsome Temperament that this would be needless that Book having been