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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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got that too But all this while the King is like to get nothing by it if our Author might be suffered to expound the Law against which he opposeth only the Authoritie of Sir Edward Coke A learned Lawyer I confess but not to be put in equal Ballance with the Law it self Well what saith he Now saith he tempora mutantur the times are changed and many a Yeoman purchaseth lands in Knights Service and yet non debet ought not for want of Gentry to be a Knight and a little after the Fine to the mark which is chiefly aimed at Fol. 20. And in these words taking the Citation as I find it I observe these things 1. That Sir Edward Cokes Non debet cannot bind the King who may as well make Leathern Knights as Leathern Lords as our Author phraseth it elsewhere the Sword of Knighthood taking away the blemishes of Vulgar birth and stating the receiver of it in the rank and capacitie of Gentry Were it not thus the Door of Preferment would be shut against well deservers and neither honour gained in War nor eminencies in Learning nor fidelity in Service nor any other Consideration in the way of merit would render any person capable of the Order of Knighthood for want of Gentry or being descended only from a House of Yeomanrie 2ly I observe that though he would not have such petsons honoured with the title of Knighthood lest else perhaps that honourable Order might grow Despicable were it made too common yet he confesseth that they were to Fine for it if I understand his meaning rightly at the Kings pleasure 3ly I observe how lamely and imperfectly the Pamphleter hath delivered the last words of his Author which makes me apt enough to think that he intended to say somewhat to the Kings advantage if he had been suffered to speak out And 4ly if Sir Edward Coke should resolve the Contrary and give sentence in this Case against the King yet I conceive it would have been reversible by a Writ of error that learned Lawyer having been a principal Stickler for the Petition of Right in the former Parliament and therfore not unwilling to lay such grounds whereby the King might be forced to cast himself on the Alms of his people As for the Sword and Surcoat affirmed to be delivered by the Lord High Chamberlain out of the Kings Wardrobe to such as were summoned to appear he still stands to that not thinking it agreeable to his Condition to yield the cause if not found against him by the Jury the point to be made good is this that such as were summoned to the Coronation were to have every man of them a Sword and a Surcoat delivered to him out of the Kings Wardrobe by the Lord High Chamberlain if the Kings service so required which he proves by these Infallible witnesses Gent. of the Jury stand together hear your evidence The first witness is an eminent Antiquary than whom none can be fitter to give Testimony to the point in hand but he alas is long since dead and it were pity to raise him from the Dust of the Grave as we have done the Cl●ricus Parliamentorum and Mr. John Pym in another case for fear he put the Coutt into a greater fright than when the solemn Assizes was at Oxford Such a witness we had once before in the Case of the late Convocation a credible and a knowing person as the Pamphletet told us but nameless he for blameless he shall be quoth the gallant Sydney and here we have an eminent Antiquary but the man is dead dead as a door-nail quoth the Pamphleter in another place A nameless witness there a dead witness here let them go together The next witness is old Matthew of Westminster who though dead yet speaketh who tells us That King Edward the 1. sent forth a proclamation that all such persons who had possessions valued at a Knights Fee should appear at Westminster c. what to do he tells you presently admissuri singuli ornatum militarem ex Regia Garderoba to receive military accoutrements out of the Kings Wardrobe Fol. 20. This witness speaks indeed but he speaks not home The point in Issue is particularly of a Sword and a Surcoat the witness speaks in general of ornatus militaris only but whether it were a Sword a Surcoat or a pair of Spurs or whatsoever else it was that he telleth us not So the first witness speaking nothing and the second nothing to the purpose the Pamphleter desires to be Non-suited and so let him be He tels the Observator Fol. 36. that his Arguments are nothing ad rem and besides the Cushion But whatsoever his arguments were I hope these Answers are not only ad rem but ad Rhombum and Rhomboidem also and so I hope the Pamphleter will find them upon examination In the great Feast at Welbeck there is no such difference but may be easily reconciled That the Earl of Newcastle entertained the King at VVelbeck is granted by the Observator and that it was the most magnificent entertainment which had been given the King in his way toward Scotland shall be granted also Which notwithstanding it was truly said by the Observator that the Magnificent Feast so much talked of was not made at VVelbeck but at Balsover Castle nor this year but the year next after and not made to the King only but to the King and Queen In the first of which two entertainments the Earl had far exceeded all the rest of the Lords but in the second exceeded himself the first Feast estimated at 6000 l. to our Author at York but estimated on the unwarrantable Superfaetations of Fame which like a Snow-ball groweth by rowling crescit eundo saith the Poet or like the Lapwing makes most noise when it is farthest from the nest where the Birds are hatched The Observator took it on the place it self when the mo●ths of men were filled with the talk and their stomacks not well cleared from the Surquedries of that Mighty Feast by whom it was generally affirmed that the last years entertainment though both magnificent and August in our Authors language held no Comparison with this So that the one Feast being great and the other greater the Observator is in the right and our Author was not much in the wrong More in the wrong he doth confess in the great entertainment given to the City by the King affirmed before to have been made at the Guild-hall but now acknowledged upon the reading of the Observations to have been made at Alderman Freemans Fol. 22. This he hath rectified in part in the new Edition and it is but in part neither For whereas he was told by the Observator that the entertainment which the City gave at that time to the King was at the House of Alderman Freeman then Lord Mayor situate in Cornhill near the Royall Exchange and the entertainment which the King gave unto the City by
shewing them that glorious Masque was at the Merchant-Tailors Hall in Thread-needle street on the backside of the Lord Mayors House an open passage being then made from the one to the other Our Author placeth both of them in the Aldermans house Thei● Majesties saith he with their train o● Court-Grandees and Gentleman Revellers were solemnly by Alderman Freeman then Lord Mayor invited to a most sumptuous Banquet at his House where that resplendent shew was iterated and re● exhibitted Hist Fol. 134. This by his leave is but a Tinker-like kind of reformation they mend one hole and make another that gallant shew not being ●terated and exhibited in the Lord Mayors House but in the Merchant-Taylors Hall as more capable of it It is an old saying and a true that it is better coming to the end of a Feast than the beginning of a Fray Which notwithstanding I must needs goe where the Pamphleter drives me that is to say to a great and terrible fight near Rostock which I can find in no place but my Authors brains He tells us in his History That Tilly condacted a numerous Army of thirty three thousand foot and seven hundred Horse for the relief of Rostock then besieged by the King of Sweden That the King alarmed herewith drawes out of his Trenches to entertain him seventeen thousand foot and six hundred horse that in conclusion of the battle Tilly was put unto the worst and his Army routed and that finally upon this Victory he immediately stormed the Town and carried it Hist. Fol. 112. The Observator finding no such rout given to Tilly near Rostock Anno 1630. where our Author placeth it conceived it might be meant of the battell near Lipsique Anno 1631. and made his observations accordingly And upon this he might have rested had the Pamphleter pleased who in his introduction to the Feast at Welbeck advertise●h that the Observator mentioneth a Battel at Lipsique spoken of before but where he knows not only conjectures that he had a good will to take him to task for a misplacing a battel he supposes at Rostock but upon better consideration he found his errour to be his own and not the Authors and therefore cut out the Leafe containing the 101 102 pages wherin his mistake lay leaving that Paragraph tyed head and heels together Fol. 21. Did ever man so lay about him in a matter of nothing for such is both his fight near Rostock and this long prattle which he makes of the Observator For first the Lease which contained the 101 and 102 pages was never cut out 2ly there is no such incoherence in any of the Paragraphs there as if head and heels were laid together 3ly the Leaf which was cut out contained 107 and 108 pages and was cut out not in regard of any thing there spoken of our Authors battel but the misplacing the train of Captives and the rear of the triumphant masque occasioned by the negligence of the Printers only 4ly That in the leaf containing pages 101 102. The Author might have found mention of the battell of Lipsique which he saith he knows not where to find saying that he the Observator mentioneth a battel at Lipsique spoken of before but where he knows not one evident argument that either he looked but carelesly after it or was not very willing to find it And to say truth it had been better for him to have passed it by for then he had been only chargeable with some prudent omissions as we know who was whereas by speaking in his History of a battel of Rostock and seeming offended to be taxed for misplacing of it he layeth himself open to the assaults of his adversaries I have consulted diligently the History of the Sweedish war in Germany till the death of that King writen in Latin by Cluverut together with that translated out of Italian by the Earl of Mo●mouth on whose authority the Pamphleter relieth in another place but can find nothing in either of them either of any such seige or of any such battell or of any such storming of that Town as my Author speaks of All that I find concerning Rostock shall be summed up thus namely that having sollicited and practised the people of Rostock to declare for him in that War he was peaceably received into it that having left no Garison in it it was surprized by the Imperials and strongly fortified that the King having recovered all the Dukedom of Mecklenburg except the Towns of Rostock and Wismer and not willing to waste time in besieging either he fortified Anclam to bridle the Garisons of those Towns and secure the Country and finally that after the great Battel of Lipsique the Duke of Mecklenburg and Marshal Tod a Commander in the Swedish Army laid siege to Rostock and reduced it the Town not being otherwise stormed than by want of victuals Next for the engagement of the Armies I find that Tilly having mustered up his united forces and finding them to consist of 34000. fighting men drew thrice toward the King first as he lay intrenched between Landsperge and Franckford on the Oder in the Marches of Brandenburg 2ly as he lay intrenched near Werben not far from the Territory of Magdeburg And 3dly in his Retreat by Tangermond to his faster Holds that there was no ingagement between the Armies at all in the two first times and only some light Skirmishes in the third without considerable disadvantage unto either side the Armies never engaging till the Battel of Lipsique in which Tilly received that dismal rout which opened the Kings passage into Franconia and the rest of Germany Besides which it is more than certain that if Tilly had received any such rout as our Author speaks of he could not have proceeded as he did to the sack of Magdeburg nor would he King have suffered him to recruit again after such a rout wherein he had taken 16. Canons 30 Ensigns and 32 Cornets of Horse and scattered the whole Imperial Army opening thereby a way to relieve that City which Tilly had besieged for declaring in his Behalf without any other provocation So that I must behold this Siege this Battel and the s●orming the Town upon it as matters to be found only in the Pamphleters dreams not otherwise to be excused but that our Author writing the History of the reign of King Charles intends only to justifie such Things and Actions as have reference to the 16 years whereof he treateth in that History and that he neaver meant it of such things as were taken in by the By as he declares himself Fol. 8. A very Saving Declaration and of as great advantage to him as the Parliament Journals or any of his witnesses either Dead or Namelesse Our Author had told us in his History that presently on the Discovery of Mr. Atturney Noyes Design he issued writs to all the Counties in the Realm requiring that every County should for defence of the Kingdom against