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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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Walter Earl but ipso facto by a strange kind of Alcumy it was made a truth a most unquestionable truth It was averred thirdly nemine contradicente and very good reason for that too there being none perhaps then present who were admitted to the sight of that Enterlude as Sir Humphry was or otherwise its worth the while to disprove the Fable But here I find something worth the Learning which is that nemine contradicente doth not signifie only as the poor Theologaster might conceive it did no one contradicting but no one contradicting who stood near the Chair A pretty piece of Grammar-learning and I thank him for it the rather in regard it may be gathered from these words that though no man who stood near the Chair did or durst contradict Sir Humpry in this pretty figment yet others who stood farther off and being procul à Jove might be procul à fulmine did presume to do it And this I hope will satisfie the Pamphleter and Sir Humphry too We have now done with Bishop Mountague but we must have another pull about Bishop Neile then Bishop of Winchester by whose and the Bishop of Londons Prevalencie we were told in the History the Orthodox party were depressed and the truth they served scarce able to protect them to impunity Reproved by the Observator for speaking thus at randome and without any proof of those great Prelates both being Counsellors of State the Pamphleter comes in to make good the matter telling us that Sir Daniel Norton and Sir Robert Philips informed the House that Doctor More and Doctor Marshall were chid by the Bishop of VVinchester for preaching against popery both Drs. being ready to bear witness of the truth thereof Fol. 16. Now mark the Justice of the man and his Logick too The Information is brought against the Bishops of London and VVinchester but the proof such as it is against the Bishop of VVinchester only No reparation being made unto the other for so great an injury I trow this is but sorry Justice and yet the Logick of the proof is a great deal worse The information was about the danger of Arminianism the Spreade●s of those errors advanced by the Prevalency of those Bishops to great preferment the Orthodox party in the mean time depressed and under inglorious disdain Hist Fol. 96. How doth he make this good in the Bishop of VVinchester Because for sooth he had chidden Doctor More and Doctor Marshall for preaching against popery This is the Logick we must look for The Premises are of Arminianism The Conclusion of popery Or else it must be argued thus The Bishop of VVinchester chid Doctor More and Doctor Marshall for preaching against popery Ergo which is in English therefore the two Bishops of London and Winchester advanced the Arminian party and depressed the Orthodox Our Author telleth us Fol. 35. of this present Pamphlet that there are some worse disputants than himself but if I know in what place to find them may I burn my Ke●kerman But if the man were chidden and chidden for preaching against popery it will as much conduce to the dishonor of the Bishop of Winchester as if they had been chidden on the other accompt and therefore we must take some time to inquire into it it being possible enough that they might be chidden by that Bishop not for their preaching against Popery but for some indiscretion in the way of their preaching possibly enough let me adde that too that they might have some private grudges against that Prelate Doctor Marshal claimed some fewell yearly out of that Bishops woods in the right of his Parsonage which that Bishop being an old Courtier but of no great Courtship did refuse to make him This gave him occasion of displeasure and being withall a man of some indiscretion he might possibly not carry the matter so discreetly but that he might be liable to some just reproof But as for Doctor More I shall need no other matter against him than what I find in the unpublished sheets of our Author himself where he tells us of him that ●he was a man of an acute but somewhat an ●aculeated wit Fol. 69. A man it seems of more Sting than Hony and was not sparing of it in his heats of zeal upon all occasions Insomuch that there goeth a story of him that Mr. Hugh May who had commended Archie to the Court not long before obtained a turn for this Doctor before King James in which he shewed so much heat and so little discretion that the King told Hugh May when he saw him next that he thanked him more for his Fool than he did for his Preacher Besides our Author telleth us of him in the place above mentioned that preaching after the Dukes return from the Isle of Rhe he took occasion in his Sermon to speak of the defeat given to the Roman Army under the command of Quintilius Varus by the German Nations adding these words of the Historian that this Army perished propter inscitiam temeritatem ducis In which being thought to have put a scorn upon the Duke and reprehended for it by his Diocesan he was judged fit to be made use of against that Bishop when the teeth of the Informers were edged against him Proceed we next to the Lambeth Articles the great Diana of the Ephesians of our times It was affirmed by the Observator that they were never looked on as the Doctrin of the Church of England nor intended to be so looked upon by them that made them But this the Pamphleter puts off to Mr. Pym and the Committee for Religion but grants withall That it is very probable that the Compilers of the Book of Articles and the Book of Homilies differed from Calvins sense in the point of Predestination and its subordinates Fol. 15. Nor doth he only grant it to be probable but he proves it also It being saith he very rare for two even of the same party to agree exactly in all parcels of these Controversies So then whether it were our Author or the Committee for Religion which declare these Articles of Lambeth to speak the sense of the 39 Articles of the Church of England it comes all to one the Pamphleter leaving them in the plain field and siding with the Observator in this particular In the occasion of these Articles or rather in one circumstance of it the Observator was mistaken affirming Page 74. That on the coming of these Articles to Cambridge Dr. Baro found himself so discouraged discountenanced that at the end of his first 3 years he relinquished his Professorship and retired not long after into France to this the Pamphleter makes answer That Peter Baro relinquished not his professorship at the end of his first three years proved by his Lectures upon Ionah to be Professor there Anno 1574. and confessed to be so by the Observator Anno 1595. 2. That that Professorship is not eligible from 3 years to
power of Kings could do nothing lawfully but what they do with their assistance and by their consent What saith the Pamphleter to this marry he hopes for he still saves himself by hoping that no man of any ingenuity can so much as question but that his politique Descendents imply Statute Laws which no King of England hath power to make without Common consent in Parliament Fol. 7. and that the text may speak agreeably to the words of this comment he hath foisted the word Laws into it where before it was not as may appear to any man who will be pleased to compare the Editions 2ly The Historian had affirmed for certain that Sir Robert Mansell as Vice-Admirall had an unquestionoble right of the chief conduct of that enterprize against the Spaniard upon the Dukes default For which being contradicted by the Observator grounding himself on the authority and common practice of our Kings in granting those commands to any as they see cause for it The Pamphleter stands stil to his former errour upon this ground that many men of wisdome and experience hold it for a Rule not only in this particular but in all such as have vicariam potestatem Fol. 7. But yet to make sure work withall he hath thrust these words as they thought into the text of his History and thereby made his own position that Sir Robert Mansell had an unquestionable right to the chief comduct in that enterprize to be the opinion of those many men of wisdome and long experience whom the comment points too New if we ask what these men were who thought so of it we find them in some lines before to be the Mariners men I confesse of long experience but of no great wisdome and such as better understand the Jurisdiction of their Masters-place than of the Vice-admiral of England and what such men as these may hold touching the Powers and privileges of such as have vicarium potestatem is so inconsiderable that I shall not trouble my self to insist more on it 3ly The Historian had declared that for Armianism the informations were very pregnant c. For which being blamed in many things by the Observator he puts off the odium from himself to Mr. Pym and the Committee for Religion professing that he only recited what that Committee declared as the product of their enquiries and with this answer he conceiveth he might easily avoid no less than 25 pages of the Observation Fol. 15. So he and that it may be thought so by the Reader too he hath thrice foisted in these words they said into that part of his Narrative which concerns this business as Fol. 97. l. 27. for Arminianisn they said informations were very pregnant c. and Fol. 98. l. 12 13. the hazard conceived from Rome c. flowed they said partly from the uncontrouled publishing of severall points tending and working that way and ibidem ●ine 19 20. the greatest danger was from Popery direct and from this the danger they said appeared very great c. Here have we dicnnt ferunt aiunt these words they said no lesse than thrice in half a leaf foisted in the text to make it suitable to the Pamphlet And we had a praedicant in it too that you may see I have still some smattering of my Grammar an accusation of some men for their uncontrouled preaching of several points tending and warping towards Popery though now upon an admonition from the Observator he hath turned preaching into publishing as appears fol. 98 line 14. guided thereto by the illustration of his comment and a desire to do some right to Doctor Cozens which I thank him for whom he had formerly accused for preaching many things which warped towards Popery but now agreeth so far with the Observator as to excuse him from publishing and direct Popery in his Hours of Prayer 4. The Observator had declared that the Primate had conceived a displeasure against the Lord Deputy for abrogating the Articles of Religion established by the Church of Ireland and setling in their place the Articles of the Church of Enggland to which the Pampleter replyeth that the Articles of Religion established in the Church of Ireland were never abrogated though those of England were received and approved by that convocation Fol. 42. For proof whereof he hath produced a Certificate under the hands of Doctor Barnard and one Samuel Pullain whose title and degree I know and therefore am not to be blamed if I give none to him Whether this Superinduction of the Articles of the Church of England amount not to an abrogation of those of Ireland shall be considered of hereafter in that Chapter which concerns Armianism Now I shall only tell you this that whereas our Author had it thus in his first Edition Fol. 132 viz. that in the Synod assembled in Ireland the body of Articles formed by that Church Anno 1615. were repealed and in their places were substituted the thirty nine Articles of the Church of England Now to conform his text to the former Comment he hath left out the word repealed in his new Edition Fol. 137. and tells us a clean contrary story to that before which shall be looked upon in the place before mentioned as more proper for it And so I close this Chapter intended chiefly for the justication of the Observator and the retorting of some Foistings on the Authors head withall confuting many of the Pamphleters Answers which could not be so well considered of in an other place CHAP. III. The affairs of the two Kings considered Of the impowering or not impowering the Earl of Bristol by Letters of Proxie The Proxie granted to the King of Spain and Don Charles his Brother Our Author qualifieth the word ever to make it serve his turn and yet cannot do it The Letter of Philip the 3. to Olivarez nothing contained in it against the restoring of the Palanate but the contrary rather King James communicated not with the Parliament in the Breach with Spain our Author pleadeth a Demonstration but produceth none Our Authors nicety between taking Coach to and for White-hall and the vanity of it Some solid Grandure contributed to the throne of Kings in their Coronations His Catholick Majesty how concerned in our Authors scoffs That heretofore some Kings in Spain have been Crowned and anointed though of late those ceremonies be disused and upon what reasons The Pamphleters weak defences for our Authors mistake about taking the Great Seal from the Bishop of Lincoln and the Observator justified as to that particular Our Authors Annuating and Superannuating in his Temporalities His Superannuating or subtertriennuating rather in the ●ynod of Do●t how weakly justified and excused The Observators running leap made good and his Reasons for it A transition to the following Disputes about the Sabbath or Lords day WEE are now come to the main body of the Pamphlet in which we shall begin and good reason for it with such particulars
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
already sufficiently ratified by the dcer●e of the former Synod With this all parties seem contented and the Canon passed So easily may the weak Brethren be out-witted by more able heads To make this matter plainer to their severall capacities I will look upon the two Subscribers as upon Divines and on the Pamphleter our Author as a Man of law Of the Subscribers I would ask whether Saint Paul were out in the Rules of Logick when he proved the Abrogating of the old Covenant by the superinducing of the new Dicendo autem novum veteravit prius c. that is to say as our English reads it in that he saith a new Covenant he hath made the first old Heb. 8. 13. and then it followeth that that which decayeth and waxeth old is ready to vanish away that is to say the old being disanulled by the new there must necessarily follow the Abolishment of its use and practice Nor find they any other Abrogation of the Jewish Sabbath than by the super-inducing of the Lords day for the day of Worship By means whereof the Sabbath was lesned in authority and reputation by little and little in short time was absolutely laid aside in the Church of Christ the 4th Cōmandement by which it was at first ordained being stil in force So then according to these grounds the Articles of Ireland were virtually though not formally Abbrogatad by the super-inducing of the Articles of the Church of England which is as much as need be said for the satisfaction of the two Subscribers taking them in the capacity of Divines as before is said Now for my Man of law I would have him know that the first Liturgy of King Edward the sixth was confirmed in Parliament with severall penalties to those who should refuse to officiate by it or should not diligently resort and repair unto it 2 3. Edw. 6th c. 1. But because divers doubts had arisen in the use and exercise of the said Book as is declared in the Statute of 5 6. Edward 6. c. 1. for the fashion and manner of the ministration of the same rather by the curiosity of the Ministers and mistakers than of any other worthy cause therefore as well for the more plain and manifest explanation hereof as for the more perfection of the said order of Common service in some places where it is necessary to make the same prayer and fashion of Service more earnest and fit to stir Christian People to the true honouring of Almighty God The Kings most Excellent Majesty with the assent of the Lords and Commons in this present Parliament a●embled and by the authority of the same hath caused the foresaid Order of Common service entituled The Book of Common Prayer to be faithfully and Godly perused explaned and made fully perfect Which Book being thus fitted and explaned approved by the King and confirmed in the Parliament in the 5 6 years of his reign was forthwith generally received into use and practice in all parts of the Kingdom the former Liturgy being no otherwise suppressed and called in than by the superinducing of this the Statute upon which it stood continuing un-repealed in full force and vertue and many clauses of the same related to in the Statute which confirmed the second But fearing to be censured by both parties for reading a Lecture of the wars to Annibal I knock off again Now forasmuch as the Observator is concerned in this certificate being said to have abused the said Convocation with such a grosse mistake so manifest an untruth I would fain know in what that grosse mistaking and the manifest untruth which these men speak of is to be discerned The Premises which usher in this conclusion are these viz. But that the least motion was then or there made for the suppressing of those Articles of Ireland hath no truth at all in it The Conclusion this therefore the Observator and whosoever else hath or doth averr that the said Articles either were abolished or any motion made for the suppressing or abolishing of them are grosly mistaken and have abused the said Convocation in delivering so manifest an untruth But first the Observator speaks not of any motion made there for the suppressing of those Articles The Proposition for approving and receiving the Confession of the Church of England might be made effectually and so it seems it was without any such motion And therefore if the Observator stand accused in that particular the manifest untruth and grosse mistake which those men dream of must be returned upon themselves And on the other side if he be charged with this grosse mistake and man fest untruth for no other reason but that he saith those Articles were abolished as they charge it on him they should have first shewed where he saith it before they fell so rudely and uncivilly on a man they know not The Observator never said it never meant it he understands himself too well to speak so improperly The word he used was abrogated and not abolished The first word intimating that those Articles were repealed or disannulled of no force in Law whereas to be abolished signifieth to be defaced or raced out that so the very memory of the thing might perish The word abrogated rightly and properly so taken is Terminus forensis or a term of Law derived from the custom of the Romans who if they did impose a Law to be made by the people were said Rogare Legem because of asking moving or perswading to enact the same velitis Iubeatisne Quirites c. from whence came prorogare Legem to continue a Law which was in being for a longer time and abrogare to repeal or abrogate it for the time to come unlesse upon some further consideration it were thought fit to be restored But giving these men the benefit and advantage of their own Expression and let the two words Abrogated and Abolished signifie the same one thing where is their equity the while for charging that as a grosse mistake and manifest nntruth in the Observator which must be looked on only as a failing or an easie slip within the incidence of frailty as we know who said in their friend our Author the Systeme the Body of Articles formed by that Church Anno 1615 were repealed saith the Historian Fol. 132. for abrogating the Articles of Religion established in the Church of Ireland saith the Observator pag. 240 241. both right or both wrong I am sure of that a grosse mistake a manifest untruth in both or neither And so farewell good Mr. Pullein wi●h Doctor Bernard I shall meet in another place In the next place whereas the Observator said that the abrogating of the Articles of Ireland was put on the Lieutenants score because Doctor Bramhall once his Chaplain and then Bishop of Derry had appeared most in it The Pamphleter answereth that there was never any Controversie in that Synod between the Lord Primate and that Bishop concerning those