Port or lofty looks or in all or in none Admitting the most and worst you can of these particulars would you have men that shine in a higher Orb move in a lower Sphere than that in which God has placed them Or being rank'd in Order and Degree about you would you not have them keep that distance which belongs to their Places Or because you affect a Parity in the Church would you have all men brought to the same Level with your self without admitting Sub and Supra in the Scale of Government If they were your Fathers in God why did not you look upon them with such reverence as becomes Children If your Superiors in the Lord why did not you yield them that subjection which was due unto them If fix'd in Place and Power above you by the Laws of the Land only and no more than so why did not you give obedience to those Laws under which you lived and by which you were to be directed Take heed I beseech you Mr. Baxter that more Spiritual Pride be not found in that heart of yours than ever you found worldly and external Pride in any of my Lords the â—â—â—hops and that you do not trample on them with greater insolence Calco platonis Fastum sed majori Fastu as you know who said in these unfortunate days of their Calamity than ever they expressed toward any in the time of their Glory Were it my case as it is yours I would not for ten thousand worlds depart this life before I had obtained their pardon and given satisfaction to the world for these horrible Scandals 3. As for those persons that were heartily affected with Episcopacy and dissatisfied with the extinction of an Order so sacred and venerable there was this way found out to quiet their diâ—contents viz. to persuade them that Bishops and Presbyters were of equivolent importance and comprehended under the same name in the Holy Scriptures But grant says this their Champion that they be so who that pretends to Logick can dispute so lamely as from a Community of names to infer an Identity or Sameness in the thing so named Kings are called Gods in Holy Scripture and God does frequently call himself by the name of King yet if a man should thence infer that from this Community of names there arises an Identity or Sameness between God and the King he might worthily be condemned for so great a Blasphemer St. Peter calls our Saviour Christ by the name of Bishop and himself a Presbyter or Priest or an Elder as we unhandsomly read it yet were it a sorry piece of Logick to conclude from hence that there is no distinction between an Apostle and an Elder the Prince of the Apostles and a simple Presbyter or between Christ the Supreme Pastor of his Church and every ordinary Bishop Lastly take it for granted that Bishops have an Identity or Sameness in Name Office Ordination and Qualification with Presbyters it will not follow convertibly that Presbyters have the like Identity or Sameness of Qualification Ordination Name and Office which the Bishop hath My reason is because a Bishop being first Regularly and Canonically to be made a Priest before he take the Order and Degree of a Bishop hath in him all the Qualifications the Ordination Name and Office which a Presbyter has and something further superadded as well in point of Order and Iurisdiction which every Presbyter hath not So that altho every Bishop be a Priest or Presbyter yet every Presbyter is not a Bishop To make this clear by an example in the Civil Government When Sir Robert Cecil Knight and principal Secretary of State was made first Earl of Salisbury and then Lord Treasurer continuing Knight and Secretary as he was before it might be said that he had an Identity or Sameness in Name Office Order and Qualification with Sir Iohn Herbert the other Secretary yet this could not be said reciprocally of Sir Iohn Herbert because there was something superadded to Sir Robert Cecil viz. the Dignity of an Earl and the Office of Lord Treasurer which the other had not So true is that of Lactantius Adeo argumenta ex absurdo petita ineptos habent exitus It is ordinary for Arguments built upon weak grounds to have worse Conclusions And a better Instance cannot be given of this than in the Retortion that Mr. Selden made to one in the House of Commons who disputed against the Divine Right of Episcopacy His argument was this 1. That Bishops are Iure Divino is of Question 2. That Archbishops are not Iure Divino is out of Question 3. That Ministers are Iure Divino there is no Question Now if Bishops which are questioned whether Iure Divino shall Suspend Ministers which are Iure Divino I leave it to you Mr. Speaker Which Mr. Selden whether with greater Wit or Scorn is hard to say thus retorted on him 1. That the Convocation is Iure Divino is a Question 2. That Parliaments are not Iure Divino is out of Question 3. That Religion is Iure Divino is no Question Now Mr. Speaker that the Convocation which is questioned whether Iure Divino and Parliaments which out of Question are not Iure Divino should meddle with Religion which questionless is Iure Divino I leave to you Mr. Speaker There are some other Points relating to Episcopacy which Dr. Heylyn has long time since cleared and determined And if some of our pretending States-men had considered and read what was written upon those Subjects their time and pains would have been more profitably spent to the honor and security of this Church and Kingdom than in raising doubts and scruples which had long before been so clearly stated and resolved For 1. As for Bishops sitting in Parliament to Vote in Causes of Blood and Death this the Doctor evinced not only in the Tract entituled De Iure paritatis Episcoporum but in his Observations upon Mr. L'Estrange's History where he says that altho the ancient Canons disable Bishops from Sentencing any man to Death yet they do not from being Aâ—sistants in such cases from taking Examinations hearing Depositions of Witnesses or giving Counsel in such matters as they saw occasion The Bishops sitting as Peers in the English Parliament were never excluded from the Earl of Strafford's Trial from any such Assistances as by their Gravity and Learning and other Abilities they were enabled to give in any dark and difficult business tho of Blood and Death which were brought before them 2. With the like solid reasoning the Doctor has evinced the Bishops to be one of the Three Estates For not to mention what he says upon this Argument in his Stumbling-Block of Disobedience That they have their Vote in Parliament as a Third Estate not in capacity of Temporal Barons altho they are so as Mr. Selden evinces and an Act of Parliament Stat. 25. Edw. III. will evidently appear from these following Reasons For
learned man And it would be a generous act and highly conducive to the honor of Mr. Noy's memory as well as the Kings and Churches interest if such Treasures were communicated to the benefit of all his Majesties Subjects which are now only useful to some single persons Neither was this all the trouble that Dr. Heylyn met with at this â—ime For some enemies then living added to the sorrow and disturbance that he had for his departed Friend The grievances which the Collegiate Church of Westminster suffered under the Government of Iohn Lord Bishop of Lincoln then Commendatory-Dean thereof became so intolerable that our Doctor was constrained for the common safety of that Foundation to draw up certain Articles no less than 36. against his Lordship by way of charge which he communicated to Dr. Thomas Wilson Dr. Gabriel Moore and Dr. Ludovicus Wemmys Prebendaries of the said Church who embarqu'd themselves in the same bottom with him and resolved to make complaint by way of Petition which was drawn up and presented to the King by all four together in the Withdrawing-Chamber at Whitehal March 31. 1634. And a Commission was issued out thereupon to the Archbishops of Centerbury and York the Earl of Manchester Lord Privy-Seal Earl of Portland Lord high Treasurer the Lord Bishop of London Lord Cottington and the two Secretaries of State viz. Sir Iohn Coke and Sir Francis Windebank authorizing them to hold a Visitation of the Church of Westminster to examine particular charges made against Iohn Lord Bishop of Lincoln and to redress such Grievances and Pressures as the Prebendaries of the said Church suffered by his Mis-government The Articles were returned to Dr. Heylyn to be put in Latine and the Commission bore date April 20. But the whole thing lay dormant till December 1635. at which time the Bishop began again to rage in his Province of Westminster dispossessing the Prebendaries of their Seats neglecting to call the Chapter to pass accounts conferring Orders in the said Church within the space of a month permitting a Benefice in the gift of the said Church and lying within his Diocess to be lapsed unto himself with many other Grievances which caused the forementioned Prebendaries to present a second Petition to his Majesty Humbly beseeching him to take the ruinous and desperate estate of the said Church into his Princely consideration as 't is worded in the Petition it self Upon which the former Commission was revived and delivered to the Lords whom it did concern and a Citation fixed upon the Church-doors of Westminster accordingly Upon Ianuary 25. they were warned by the Sub-Dean to meet the Bishop in Ierusalem-Chamber where amongst other matters his Lordship desired to know what those things were that were amiss that so he might presently redress them To whom Dr. Heylyn replied That seeing they had put the business into his Majesties hands it would ill become them to take it out of his into their own Ian. 27. both parties met before the Lords in the Inner Star-Chamber where the Commission was tendred and accepted and the whole business put into a methodical course each following Monday being appointed for the day of hearing till the whole was concluded Feb. 1. The Commissioners with the Plaintiffs and Defendant met in the Council-Chamber at Whitehal where it was ordered that the Plaintiffs should be called by the name of Prebendaries-Supplicant That they should be admitted upon Oath as Witnesses That they should have a sight of all Registers Records Books of Accounts c. That the first business that they should proceed in should be that of the Seat because that made the breach or difference more visible and offensive to the world than those matters that were more private and domestick and finally that the Prebendaries-Supplicant should have an Advocate who should plead their Cause defend their Rights and represent their Grievances And the person that they unanimously made choice of was Dr. Peter Heylyn Feb. 8. the Dean put in his Plea about the Seat or great Pew under Richard the II. and the Advocate being appointed by the Prebendaries-Supplicant to speak in the defence of their common Interest in the Seat now controverted and of which the Bishop of Lincoln had most disgracefully dispoâ—sessed them he made choice to represent to the Lord Commissioners 1. Their Original Right 2. Their Derivative Right and lastly their Possessory Right Their Original Right he proved from the Charter of their Foundation from Queen Elizabeth their Foundress who declared by Act of Parliament made in the first year of her Reign the Abbey of St. Peter in Westminster fell into her hands and that being seized thereof and of all the Lands thereunto belonging she did by her Letters Patents erect the said dissolved Abbey into a Collegiate Church consisting of a Dean and twelve Prebendaries and that the said Dean and Prebendaries should be both in re nomine unum corpus corporatum one only Body Politick that they should have a perpetual Succession a Common Seal and that they should Call Plead and be Impleaded by the name of the Dean and Chapter of the Collegiate Church of St. Peter in Westminster So that by this Donation the Dean hath no propriety in the said Church his own Stall excepted but is joynt-Owner with the Prebendaries of the Site and Soil Nor did the Queen bestow upon them the Church alone but bestowed it joyntly upon them una cum omnibus antiquis privilegiis libertatibus ac liberis consuetudinibus and those to be enjoyned in as full a manner as ever tho Abbot and Convent did before enjoy the same By which it appears that all the Ecclesiastical Jurisdiction of the Church of Westminster is vested joyntly in the Dean and Chapter and not in the Dean alone For as the Dean and Chapter are one Body so they make one Ordinary and as one Ordinary have a common and joynt Power to dispose of Seats Their Derivative Right he proved from their Original Right For the Queen giving the Dean and Prebendaries with their Successors all Rights Possessions Privileges and Immunities they need only to prove their Succession in the Church of St. Peter and then whatever Right was in their Predecessors Original must be on them derived As for their Possessory Right he desired their Lordships pardon if he should fail in the proof of it For the Book of the Chapter-Acts was missing which was very necessary in order to it And although one offered to take his Oath that the Bishop of Lincoln never saw it yet the Oath was so desperate that either the person who offered to take it had an hand in making away the Book or else that he durst swear whatever the Bishop of Lincoln said or asserted But being deprived of that Evidence he proceeded to Testimony where he did not make use of such Witnesses as were summoned by the Dean viz. Colâ—ege-Servants and Tenants who were obnoxious to him but indifferent men that were no way
13th year of his Age sent to London by his Father to be under the Cure of Dr. Turner Husband to that Gentlewoman that had a hand in the Death of Sir Tho. Overbury who keeping him to a strict Diet and frequent Sweatings sent him back into the Country after four Months time But his Distemper again returning he was fain once more to apply himself unto his old Doctor before a Cure could be completed Upon his return to Burford he found his old Master dead and was committed to the Care of a Successor viz. Mr. Davis a Reverend good man who notwithstanding his long discontinuance from School found his Scholar not to have mis-spent or mis-employed any time that gave him the least Relaxation from his Distemper and therefore placed him Third in the â—ppermost Form Mr. Davis spared no diligence that might tend to the cultivating of a Plant so flourishing and hopeful making him fit for the University by having him but twelve Months under his Tuition A kindness so gratefully resented by our Doctor that he dedicated to him one of his Books called Ecclesia Vindicata and had it not been for the misfortune of the War had given better Testimonies of a thankful and generous mind in preferring him to some considerable Benefice or Dignity in the Church He was the beginning of December 1613. in the 14th year of his Age sent to Oxford and placed under the Tuition of Mr. Ioseph Hill an antient Batchelor in Divinity once one of the Fellows of Corpus Christi College but then Commoner of Hart-Hall by whom Mr. Walter Newberry afterward a zealous Puritan was made choice of to instruct him in Logick and other Academical Studies as far as the tenderness of his Age rendred him capable And he made such progress in them that upon the 22d of Iuly 1614. he stood Candidate for a Demies place in Magdalen College having no other Recommendations than Sir Iohn Walters then Attorney General to the Prince and afterward Lord Chief Baron of the Exchequer Grand-Father to that worthy Gentleman Sir William Walter now of Sarsden in the County of Oxford Baronet Dr. Langton President of the College put Mr Heylyn the Eighth upon the Roll which was the first place of the second Course but it succeeded not till the year following being then Elected First upon the Roll and having very much endeared himself to the President and Fellows by a facetious Latine Poem upon a Journey that he made with his two Tutors unto Woodstock But immediately after his admission into that noble Foundation he fell into a Consumption which constrained him to retire to his Native Air where he continued till Christmas following He was a year after his Admission made Impositor of the Hall in which Office he acquitted himself with so much Fidelity that the College-Dean continued him longer in it than any ever before by which means he contracted a great deal of Hatred and Enmity from those Students that were of his own standing being called by them the Perpetual Dictator But he diverted the violence of the Storm by the assiduity of his Studies and particularly by Composing an English Tragedy called Spurius which was so well approved of by some learned persons of that Foundation that the President caused it to be privately acted in his own Lodgings In Iuly 1617. he obtained his Grace for the degree of Batchelor of Arts but was not Presented to it till the October following by reason of the absence of one of his Seniors holding it unworthy to prejudice another person for his own Advancement After the performance of the Lent-Exercises for his Degree he fell into a Fever which increasing with great violence at last turned into a Tertian Ague and caused him again to retreat unto his Countrey Air which he enjoyed till the middle of Iuly following and then according to the College Statutes which require that Exercise to be performed every long Vacation by some Batchelor of Arts he began his Cosmographical Lectures and finished them in the end of the next August His Reading of those Lectures drew the whole Society into a profound admiration of his Learning and Abilities insomuch that before he had ended them he was admitted Fellow upon Probation in the place of one Mr. Love And that he might give a Testimony of his grateful mind for so unexpected a Favour he writ a Latine Comedy call'd Theomachia which he Composed and Transcribed in a Fortnights space On Iuly 29. 1619. he was admitted in verum perpetuum Socium and not long before was made Moderator of the Senior Form which he retained above two years And within that compass of time he began to write his Geography accordingly as he designed when he Read his Cosmographic-Lectures which Book he finish'd in little more than two months beginning it Feb. 22. and completing it the 29th of April following At the Act Ann. Dom. 1620 he was admitted Master of Arts the honor of which Degree was the more remarkable because that very year the Earl of Pembroke Chancellor of the University signified his pleasure by special Letters that from that time forward the Masters of Arts who before sate bare should wear their Caps in all Congregations and Convocations unto which Act of Grace his Lordship was induced by an humble Petition presented to him by the Regent Masters in behalf of themselves and Non-Regents as also by Dr. Prideaux then Vice-Chancellor who being pre-acquainted with the business gave great encouragement to proceed onward in it and lastly by the indefatigable pains of one Master Clopton junior of Corpus-Christi-Colledge who was the principal Solicitor in that Affair His Geography was committed by him to the perusal of some Learned Friends and being by them well approved he obtained his Fathers consent for the Printing of it which was done accordingly November 7. 1621. The first Copy of it was presented by him to King Charles the First then Prince of Wales unto whom he Dedicated it and by whom together with its Author it was very graciously received being introduced into the Princes Presence by Sir Robert Carre one of the Gentlemen of his Highnesses Bed-Chamber and since Earl of Ancram unto whose Care Master Heylyn was commended by the Lord Danvers then at Cornbury by reason of some bodily Indisposition But after this Sun-shine of Favour and Honor darted on him by the Prince there followed a Cloud which darkened all his Joys for in a few months after his Father died at Oxon with an Ulcer in his Bladder occasioned by the Stone with which he had been for many years grievously afflicted His Body was conveyed to Lechlade in Glocestershire where he was buried near his Wife who died six years before him of a Contagious Fever and lay in the Chancel of that Parish-Church Septemb. 15. 1622. he received Confirmation from the hands of Bishop Lake in the Parish Church of Wells and in a short space after exhibited a Certificate to Doctor Langton concerning
Disputation in St. Iohns College for which he was much blamed by Arch-Bishop Abbot then Vice-Chancellor and made a By-word and Reproach in the University Finally he exhorted him to continue in that moderate course telling him That as God had given him more than ordinary Gifts so he would pray to God that he might employ them in such a way and manner as might make up the Breaches in the Walls of Christendom The Discourse between them continued for the space of two hours Amotis Arbitris For he ordered his Servants that no one should come to him on any occasion before he called But this was not all that was done then by our young Divine to secure himself from the Reproach of a Papist For in November next following he Preached before the King on those words Iohn 4. 20. Our Fathers worshipped on this Mountain In which Sermon he declared himself with such warm zeal against some Errors and Corruptions in the Roman Church that he shewed himself to be far enough from any inclination to the Roman Religion But his innocency in that matter will be made more apparent in some following passages of his Life Unto one of the most principal parts of which the Reader is now invited viz. his Marriage which was so far from being Clandestine and Clancular as it was objected to him in Print above thirty years after its solemnization that he ordered it to be performed upon St. Simon and Iudes day between ten and eleven of the Clock in the morning in his own College-Chappel which by his appointment was set out with the richest Ornaments in the presence of a sufficient number of Witnesses of both Sexes according to Law and Practice The Wedding-Dinner was kept in his own Chamber some Doctors and their Wives with five or six of the Society being invited to it Mrs. Bride was placed at the head of the Table the Town-Musick playing and himself waiting most part of the Dinner and no Formality wanting which was accustomably required even to the very giving of Gloves at the most solemn Wedding These things are more particularly related because some of his Enemies having nothing else with which they could blast his Reputation were pleased to accuse him of a Clandestine Marriage and that he was obliged in Conscience to restore all the Emoluments that he had received from his Fellowship between that time and his Resignation But what shall be given to thee or what shall be done unto thee thou false tongue It seems it must be injustice in Mr. Heylyn to receive his share of an half-years Divident which was usually allowed to persons in his circumstances but it was no act of unrighteousness in other men to take bread out of the mouths of young Students and send them to wander in solitary ways being hungry and thirsty and their souls ready to faint in them The Ceremony was performed by his faithful and ingenuous friend Dr. Allibond and the person that he made choice of for his Wife was Mrs. Laetitia Heygate third Daughter of Thomas Heygate of Heys Esq one of his Majesties Justices of Peace for the County of Middlesex who in his younger days whilst his elder Brother was alive had been Provost-Marshal-General of the Army under the Earl of Essex at the Action of Cales and of Margery Skipwith his Wife one of the Daughters of Skipwith of in the County of Leicester a Family of good note and credit in those parts Which said Thomas Heygate the Father was second Son of that Thomas Heygate who was Field-Marshal-General of the English Forces before St. Quintins under the Command of the Earl of Pembroke Anno Dom. 1557. and of Stonner his Wife a Daughter of the antient Family of the Stonners in Oxfordshire These particulars are set down by our learned Doctor in his little Manuscript to this end That Posterity might know from what Roots they sprang and not engage in any thing unworthy their Extraction 'T is an inestimable blessing for any one to be well Born and Descended but the present guilt and future account of that person will be increased who blemishes and stains his Family by unworthy and ill-done actions Continuing this time Mr. Heylyn had no very considerable subsistence for himself and his new Companion For the Portion which he was to have by her being a thousand pounds was never paid many irreparable losses and mis-fortunes happening to her eldest Brother which he was not able to recover though left by his Father in the possession of 800 l. per Annum His Fellowship he resigned and although he had the Advowson of Bradwel a very good Living in Glocestershire left him by his Father together with a Rent-charge of Inheritance paid him out of the Mannor of Lechlade yet he was constrained for a while to wrestle with some necessities and frowns of Fortune He parted with his Title to Bradwel resolving to lay the foundation of his future Felicity in this world by his own honest industry and not bury himself in the obscurity of a Rural Life His noble Friend the Earl of Danby whom he attended in the quality of a Chaplain to the Isles of Guernsey and Iersey his own Chaplains modestly refusing a Voyage which they conceived to be troublesome and dangerous was not a little troubled to see such extraordinary merits continue still discouraged and unrewarded and therefore out of his generous Nature presented him to the great Judg and Mecoenas of Learning Arch-Bishop Laud then Bishop of London who making a second and more narrow enquiry into his Temporal concerns appointed him to meet him Court which not long after was to remove to Woodstock But his Lordship fell sick at Reading and Mr. Heylyn met with some rude usages in the Kings Chappel which was talked of the more at Oxon the interest he had at Court being universally known in that University But it was not very many months after that power was given him to revenge the Affront being admitted Chaplain in Ordinary to the King and into great Favour with the Grandees of that time But a soul enobled with the principles of Gratitude and Generosity is as averse to retaliate as to do an injury The first person therefore unto whom he paid his thankful Acknowledgments for his honorable Preferment was the Earl of Danby who presently told him That those thanks were not in the least due unto himself but to the Lord Bishop of London unto whose generous and active mind the whole of that Dignity was to be ascribed Upon which hint he attended upon the Bishop who after he had wish'd him happiness in his new Preferment gave him some particular Instructions for his behaviour in it which he carefully observed the whole time of his Attendance upon the Sacred Person of his gracious Master Having thus gained the advantage of this rising ground he found out an honest Art by which he might recommend himself to the Patronage of some noble mind and that was to assert
Friends to the Complainants but only to the Truth some of them Bishops some Doctors in Divinity all of them of unquestion'd Credit and such as spake upon certain and affirmative knowledge Finally the Advocate than whom never any Orator or Lawyer did better acquit himself urged that however things were in time past yet the Bishop by his Non-Claim had pre-judged himself and that the possession of the Prebendaries since his Lordship became Dean of Westminster was sufficient to create a Right though they had never any right before And this he made good by particular Cases and Decisions in the Civil Canon and Common Laws First for the Civil Law it was determined by the Laws of the twelve Tables That a continued and quiet possession which any man had gained in a Personal Estate for one year only or for two years together in matters Real which they call Immovable should create a Right those times being thought sufficient for any man to put in his Claim And so it held in Rome many hundred years till that upon some inconveniences which did thence arise it pleased Iustinian to set out his Edict which is still extant in the 7th Book of his Code and in that Edict to Decree That a possession of three years in matters Personal should beget a Right and as for Real Estates it was determined that a possession of ten years inter praesentes and twenty years inter absentes should conclude as much And in almost all Nations Christened the same Law has continued to this very time So that if this be applied to my Lord of Lincoln he is gone in Civil Law For being resident here continually for fifteen years together he never made his Claim to the Seat in question and so has lost his Right if ever he had any Next for the Canon Law it yields as many ruled Cases and Decisions by which to regulate this point as the former But the Advocate instanc'd only in one The Church of Sutry in Tuscany being void the Canons go to the Election of a Bishop and make choice of one whom they desire to have confirmed The Clergy of the Convents about the City interpose their Claim and make it manifest Eos Electionibus trium Episcoporum qui immediatè praefuerunt c. interfuisse i. e. that they were present at the Election of the three last Bishops and did give their Voices The Pope thereupon determined that seeing the Witnesses on the Canons part did seem to differ among themselves Et quod negativam quodammodo astruere satagebant and that they went about to prove the Negative viz. that the said Clerks had no Voices in the three last Elections or were not present in the same which negative proof it seems was taken for a strange attempt And seeing on the other side that it was manifest how the said Clerks were present at the three last Elections and had their Voices in the same the former Election was made void and the said Clerks put into that possession which they had before A Case says Dr. Heylyn that is very parallel to our present business we claiming that if not before yet in the time of the three last Deans we had possession of this Seat and therefore are to be restored unto that possession out of which we had been cast by my Lord of Lincoln Lastly for the Common Law however there is nothing against which the Laws do provide more carefully than the preventing or removing of a Force nor any thing wherein they do proceed with more severity than in punishing of the same yet by the Laws it is enacted that they which keep their possessions by Force in any Lands or Tenements whereof they or their Ancestors or they whose Estate they have in such Lands or Tenements have continued their Possession by the space of three years or more be not endangered by any former Statutes against Force Forcible Entries and Forcible Detainers So careful are the Laws to preserve Possession that in most cases they do prefer it before Right at least till Right be cleared and Judgment be pronounced in favour of it And albeit in the Common Laws there is no ruled Case in the present business as being meerly of Ecclesiastical Cognizance and Jurisdiction yet in the Common Law there is one Case which comes very near it and 't is briefly this If there be two Ioynt-Tenants or Tenants in Common of certain Lands and one of them doth expel or put forth the other out of Possession of the said Lands by force he that is so expelled may either bring his Writ of Assize of Novel Disseisin and so recover treble dammages or have his Action of Trespass of Forcible Entry against his Companion that did so expel him and thereupon shall have a Writ of Restitution This Case is very near ours as before is said the Dean and Prebendaries being Ioint-Tenants or Tenants in Common of the Seat in question out of which we are expelled forcibly by my Lord of Lincoln and now desire the benefit of the Law for our Restitution But says the Advocate my Lord objects that the Prebendaries are in subjection to him that they swear Canonical Obedience to him and therefore should not sit in the same Seat with him But to both we answer with an Absque hoc we are not in subjection to him for we are made Ioynt-Governors with him in every thing pertaining to the Church and in the Statutes are entituled Primarii principes viri and are to be Assistants to him and Associates with him in the common Government of the same Nor do we swear Canonical Obedience to him as is pretended We only make Oath that we shall give him dignam debitamque Reverentiam and that we swear to give to all Officers So that if Digna Reverentia is â—o be construed Canonical Obedience we owe Canonical Obedience to the Arch-Deacon the Treasurer the Sub-Dean and Steward as well as to the Bishop of Lincoln Much more was spoken by Dr. Heylyn vivâ voce in this matter which will be too tedious to be inserted in his Life But when he had ended his Speech the Lord Commissioners expected that the Bishop would have made a Reply but after a long pause he said no other words than these If your Lordships will hear that young fellow prate he will presently persuade you that I am no Dean of Westminster But upon hearing the proofs of both sides it was ordered by general consent of the Lord Commissioners that the Prebendaries should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls Eldest Sons according to the antient custom After this there was no Bishop of Lincoln to be seen at Morning-Prayer in the Church and seldom at Evening Feb. 15. the Lord Commissioners went on in hearing the particulars of the second Petition and so they proceeded from one Monday to another till Monday April 4. and then adjourned