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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Member of the Royal Family before I close this present Chapter Of him our Au●hor telleth us in his printed but unpublished sheets that he was by Birth-right Duke of York but to avoid the Scilla of that mistake he fals into the Charybdis of another as bad telling us in that leafe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
purpose of our Author Now the first paper had these words as the Pamphleter telleth us viz. I would have no man commend me for doing it but rather discommend themselves for if God had not taken away their hear●s for their sins he had not gone so long unpunished The second Paper had these words viz. The man is cowardly base in mine opinion and deserves neither the fame of a Gentleman or Souldier that is unwilling to sacrifice his life for the honour of God his King and Country To both these he subscribes his name and Copies of both these were sent the same day by Captain Harvy to his friends in London but neither of them do declare that his only motive to the fact was the late Remonstrance of the Commons against the Duke The man might possibly be set on and his discontents made use of to this barbarous murder by some of those who wished well to this Remonstrance I deny not that and it may be believed the rather because the Pictures of the wretch being cut in brasse and exposed to sale were caught up greedily by that party and being the Copies of these Letters were printed in the bottom of it it is more probable that our Author might have them thence than from the Letters of the Captain but that he was induced to it by the Remonstrance is more than any man of common sense can collect from those papers and therefore very ill brought in with so much confidence and ostentation to prove that positively which by no Logical Inference can be gathered from them If ever man were Animal Rationale Risibile that is to say a Creature ridiculous for his reasoning it must needs be this But certainly our Author could not possibly be so much out in his rational and discursive faculties had he not wished well unto the man and approved the Fact He had not else accounted it an exploit of glory or put that glosse upon the meaning of the Wretch that he had stitched those Papers into the lining of his Hat for fear lest the Supposition of private revenge would infame and blemish the glory of the exploit nor had he told us that it pleased the Common man too well and that in vulgar sense it rather passed for an Execution of a Malefactor and an administration of that Justice dispensed from Heaved which they thought was denied on earth Fol. 91. Never did man so advocate for a willfull murder or render a whole Nation so obnoxious to it and so guilty of it there being little difference if any between the rejoycing at such facts when done and consenting to them Cicero speaking of the Murder of Julius Caesar hath resolved it so viz. Quid interest utrum velim fieri an gaudeam factum He that applaudes a Murder acted rendreth himself an Accessary to it before the fact We have not done with Felton yet for our Author told us that His bodie was from thence conveyed to Portsmouth and there hung in chains but by some stole and conveyed away Gibbet and all The contrary being proved by the Observator and the thing too plain to be denied he hath since rectified his History as to this parricular not on the credit of the Observator no take heed o● that but because told so by his betters Yet still he must be standing on his justification and as long as he hath any common Fame or confident Report be it never so erroneous to pretend unto he conceives that sufficient for him Fol. 14. Upon this ground the honour of the Countess of Buckingham shall be called in question and an affront falsly reported to be done to publique Justice shall passe into his Annals as a matter of truth He could not else instruct Posterity or the present age how to defame the honour of Ladies or commit the like Rapes upon the Law without fear of impunitie if either such superfaetations of Fame in his Canting Language should not passe for truths or otherwise be wondred at as no grounds for History If no such consequent follow on it we must not thank the History but the Observations In the next place our Author had told us in his History That there was an old sculking Statute long since out of use though not out of force which enjoyned all Subjects who had not some special privilege to appear at the Coronation of every King ad Arma Gerenda to bear Armes not to be made Knights as was vulgarly supposed In this passage there are two things chiefly faulted by the Observator first his reproaching of that Law by the name of an old Skulking Statute which lay not under the Rubbish of Antiquity but was printed and exposed to open view and therefore needed no such progging and bolting out as is elsewhere spoken of And 2ly his Glosse upon it as if it only signified the hearing of Arms and not receiving the Order of Knighthood as had been vulgarly supposed the contrary whereof was undeniably and convincingly proved by the Observator He hath now fully rectified the first expression but seems to stand still upon his last The first expression rectified thus viz. By the common Law there was vested in the Kings of this Realm a power to Summon by their Writs out of the Chancery all persons possessing a Knights Fee and who had no special privilege to the contrary to appear at their Coronation c. Fol. 115. So then the antient Common Law explained and moderated for the ease of the Subject by the Statute of King Edward 2. is freed from the reproachfull name of an old Skulking Statute we have got that by it The Observator being justified in our Authors Pamphlet for so much of his discourse as concerns that point And to the rest of that Discourse proving that all those who were masters of such an estate as the Statute mentioneth were by the same bound to be made Knights or to receive the Order of Knighthood and not simply to bear Arms or to receive a Sword and Surcoat out of the Kings wardrobe as the Author would have had it in his first Edition he comes up so close as could be scarce expected from him For first he telleth us in the Text of his new Edition that such as appeared at the Coronation were to receive a sword and Surcoat he still stands to that as the Ensignes of Knighthood and therefore questionless to receive the Order of Knighthood also if the King so pleased And 2ly he confesseth in his Comment on it out of Matthew Paris that King Henry the 3. fined all the Sheriffs of England five Marks a man for not distraining every one having 15 l. per annum to be made Knights as he had commanded adding withall that he had read of the like Precept of King Edward the First Fol. 20. So then the Subjects were not called together to the Coronation ad militiae a●ma gerenda to bear Arms only but to receive the Order of Knighthood we have