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
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
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
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
wrote by him he called by the name of Mercurius Anglicus which name continued as long as the Cause did for which it was written And besides these weekly Tasks being influenced by the same Royal Commands he writ divers other Treatises before he could obtain his Quietus est from that ungrateful Employment viz. 1. A Relation of the Lord Hopton ' s Victory at Bodwin 2. A View of the Proceedings in the West for Pacification 3. A Letter to a Gentleman in Leicestershire about the Treaty 4. A Relation of the Queens Return from Holland and the seizing of Newark 5. A Relation of the Proceedings of Sir John Gell. 6. The Black Cross shewing that the Londoners were the cause of the present Rebellion with some others that were never Printed These zealous services produced the very same effect that he foresaw when he first undertook them For in the space of six months he was voted a Delinquent in the House of Commons this being given for a reason viz. that he resided and lived at Oxon. Upon which an Order was sent to the Committee at Portsmouth to Sequester his whole Estate and seize upon all his Goods And Reading being taken by the Earl of Essex a free and easie passage was opened for the Execution of those unrighteous Decrees For in a short space after his Corn Cattle and Money were taken by one Captain Watts and all his Books carried to Portsmouth Colonel Norton's hand being set to the Warrant of his Sequestration he twice Petition'd to have some Reparation out of his Estate but was denied the first time and put off in a more Courtly manner the last Before he left Alresford he took care to hide some of his choicest and most costly Goods designing the first opportunity to have them conveyed to Oxon. But either by ill luck or the treachery and baseness of some of his Neighbours the Cart with all the Goods were taken by part of Nortons Horse and carried to Portsmouth himself also violently pursued and by Divine Providence delivered from the snare of those Fowlers who thirsted after his Blood and lay in wait for his Life The Cart with all contained in it was carried to Southampton and delivered unto Norton Saintship then being the ground of Propriety as it afterward was of Sovereignty A loss great in it self but much more so to a poor Divine and chiefly to be ascribed to a Colonel in the King's Army who denied to send a Convoy of Horse for the guarding of his Goods although the Marquess of Newcastle gave Order for it And these Oppressions which he suffered from his Enemies were increased by as unjust proceedings of those who ought to have been his Friends For part of the Royal Army defaced his Parsonage-House at Alresford making it unhabitable and taking up all the Tithes for which he never had the least satisfaction unless it was the Manumission of himself from the troublesome Employment under Mr. Secretary Nicholas and at his going off at the request of that worthy Gentleman he writ a little Book called The Rebels Catechism Being thus dismissed from business so disagreeable to his Genius he found leisure to employ his Contemplative thoughts about subjects more weighty and serious And having obeyed the Commands of his Superiors he endeavoured to satisfie the doubts of his Friends and particularly of one whose thoughts were confusedly perplexed about our Reformation And to do this he drew up a Discourse in answer to that common but groundless Calumny of the Papists who brand the Religion of our Church with the nick-name of that which is Parliamentary But our Reverend Doctor Demonstrates in that Book how little or indeed nothing the Parliament acted in the Reformation For some years indeed that are past there have been Parliaments that have had a Committee for Religion which is to have an Apostolical care of all the Churches And our Reverend Doctor observes that this custom was first introduced into the House of Commons when the Divinity-School in Oxon was made the Seat of their Debates For the Speaker being placed in or near the Chair in which the Kings Professor of Divinity did usually read his publick Lectures and moderate in all publick Disputations they were put into a conceit that the determining in all Points and Controversies in Divinity did belong to them As Vibius Rufus having married Tullies Widow and bought Caesar's Chair conceived that he was then in a way to gain the Eloquence of the one and the Power of the other For after this we find no Parliament without a Committee for Religion and no Committee for Religion but what did â—hâ—nk it self sufficiently instructed to mannage the greatest Controversies in Divinity which were brought before them And with what success to the Religion here by Law Established we have seen too clearly Tractent fabrilia fabri Let things of a spiritual nature in the name of God be debated and determined by Spiritual persons Doctrinal matters are proper for the cognizance of a Convocation not of a Committee which does often consist of wise men but the common Title given to some of them does at least prove that those wise men are not always either the best Christians or greatest Clerks Neither were these things the only Subjects of the vast mind and contemplative â— thoughts of this great man For toward the latter end of this year being 1644. he Presented to his Majesty a Paper containing the Heads of a Discourse writ by him called The Stumbling-block of Disobedience removed in answer to and examination of the two last Sections in Mr. Calvins Institutions against Sovereign Monarchy The Lord Hatton the Bishop of Sarum Sir Orlando Bridgman and Dr. Steward perused the whole Treatise and the King approving of the Contents commanded the Lord Digby further to consider the Book in whose hands it did for a long time rest neither was it made publick till about ten years after the War was ended In the beginning of the year 1645. he left Oxon and went into Hampshire settling himself and Family at Winchester Alresford with all the rest of his Preferments being taken from him and having nothing to subsist upon besides his own Temporal Estate And yet even now the exuberancy of an honest zeal that I may use his own words though upon another occasion carried him rather to the maintenance of his Brethrens and the Churches Cause than to the preservation of his own peace and particular contentments And therefore considering unto what a deplorable condition the poor Loyal Clergy were reduced how they were hungry and thirsty and their souls ready to faint in them as also how the Parliament were about to establish those Presbyterian Ministers for term of life in those Livings out of which himself and many others were ejected he drew up some Considerations and presented them to some Members of the House of Commons to see whether he could move them to any Christian Charity and Compassion And they
first the Clergy in all other Christian Kingdoms of these North-West Parts make the Third Estate that is to say in the German Empire as appears by Thuanus the Historian lib. 2. In France as is affirmed by Paulus Aemilius lib. 9. In Spain as testifieth Bodinus de Republ lib. 3. For which also consult the general History of Spain as in point of practice lib. 9 10 11 14. In Hungary as witnesseth Bonfinius Decl. 2. lib. 1. In Poland as is verified by Thuanus also l. 56. In Denmark as Pontanus tells us in Historia rerum Danicarum l. 7. The Swedes observing anciently the same Form and Order of Government as was used by the Danes The like we find in Cambden for the Realm of Scotland in which anciently the Lords Spiritual viz. Bishops Abbots and Priors made the Third Estate And certainly it was very strange if the Bishops and other Prelates in the Realm of England being a great and powerful Body should move in a lower Sphere in England than they do elsewhere But 2dly Not to stand only upon probable inferences we find first in History touching the Reign and Acts of Henry V. That when his Funerals were ended the Three Estates of the Realm of England did assemble together and declared his Son King Henry VI. being an Infant of eight Months old to be their Sovereign Lord as his Heir and Successor And if the Lords Spiritual did not then make the Third Estate I would fain know who did Secondly The Petition tendred to Richard Duke of Glocester to accept the Crown occurring in the Parliament Rolls runs in the name of the Three Estates of the Realm that is to say the Lords Spiritual and Temporal and the Commons thereof Thirdly In the said Parliament of the said Rich. Crowned King it is said expresly That at the request and by the consent of the Three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be Pronounced Decreed and Declared That our Sovereign Lord the King was and is the very and undoubted King of this Realm of England c. Fourthly It is acknowledged in the Statute of 1. Eliz. c. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament Assembled being said expresly and in terminis to represent the Three Estates of this Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen Add unto these the Testimony of Sir Edward Cooke tho a private person who in his Book of the Iurisdiction of Courts published by Order of the Long Parliament c. 1. doth expresly say That the Parliament consists of the Head and the Body that the Head is the King that the Body is the Three Estates viz. the Lords Spiritual Temporal and the Commons In which words we have not only the Opinion and Testimony of that learned Lawyer but the Authority of the Long Parliament also tho against it self I hope the perusal of these things will be no less acceptable to the sober Reader than the transcribing of them has been unto my self which I have done to the end as well of informing my Country-men about the Rights of the Crown and Privileges of the Church and Clergy as to shew that Dr. Heylyn had a zeal according unto knowledg and was not less zealous for knowledge-sake And the Doctor having thus stood up in the defence of Monarchy and Hierarchy both in their prosperous and adverse condition when the black Cloud was dispelled and a fair Sun-shine began to dawn upon these harrassed and oppressed Islands by the Return of his Sacred Majesty this excellent man having in his mind Tullies Resolution Defendi Rempub. Adolescens non deseram Senex thought it unbecoming him to desert the Church in any of its pressing needs and therefore when the door of Hope began to open he busied his active and searching mind in finding out several expedients for the restoring and securing of its Power and Privileges in future Ages against the attempts of Factious and Sacrilegious men And the first thing that he engaged in was to draw up several Papers and tender them to those Persons in Authrority who in the days of Anarchy and Oppression had given the most signal Testimonies of their Affection to the Church In which Papers he first shewed what Alterations Explanations c. were made in the Publick Liturgy in the Reigns of King Edward VI. Queen Elizabeth and King Iames that so those who were intrusted with so sacred a Depositum might be the better enabled to proceed in the Alteration and enlargement of it as they afterward did and as it now stands by Law Established in this Church Secondly Whereas in the first year of King Edward VI. it was enacted that all Arch-Bishops Bishops c. should make their Processes Writings and Instruments in the Kings name and not under their own Names which Act was afterward extended unto Ordinations as appears by the Form of a Testimonial extant in Sanders's Seditious Book De Schismate Anglicano and whereas the Act was repealed in the last year of Queen Mary and did stand so repealed all the Reign of Queen Elizabeth but was by the activity of some and the incogitancy of others revived again in the first year of King Iames but lay dorment all the Reign of that Prince and during the first ten years of King Charles I. after which it was endeavoured to be set on foot by some disturbers of the Publick Peace upon which the King having it under the hand of his Judges that the proceedings of the Arch-Bishops Bishops c. were not contrary to the Laws of the Land inserted their Judgment about it in a Proclamation for indemnifying the Bishops and the satisfying of his loving Subjects in that Point therefore Dr. Heylyn considering that what the Judges did was extrajudicial and that the Kings Proclamation expired at his Death solicited the concerns of the Church in this Affair viz. that the Act so pasâ—ed as before is said in the first of King Iames might be repealed that so the Bishops might proceed as formerly in the exercise of their Jurisdiction without fear or danger Thirdly Whereas in the 16. year of Charles I. there passed an Act that no Arch-Bishop Bishop c. should minister any Corporal Oath unto any Church-Warden Sideman or any other person whatsoever with many other things whereby the whole Episcopal Jurisdiction was subverted except Canonical Obedience only and all proceedings in Courts Ecclesiastical in Causes Matrimonial Testamentory c. were weakened and all Episcopal Visitations were made void as to the ordinary Punishments of Heresie Schism Non-conformity Incest Adultery and other Crimes of Ecclesiastical Cognizance therefore Dr. Heylyn stated the Case and in a Petition drawn up by him prayed that for the restoring of the Episcopal Jurisdiction the Clauses of that Act
after his Copy and Example And renewing the charge to her he went to Bed in as good bodily health as he had done before for many years but after his first sleep he found himself taken with a violent Fever occasioned as was conceived by his Physician by eating of a little Tansey at Supper It seized him May 1. 1662. and deprived him of his understanding for seven days the eighth day he died but for some hours before had the use of his Faculties restored to him telling one of the Vergers of the Church who came to him I know it is Church-time with you and this is Asâ—ension-day I am ascending to the Church triumphant I go to my God and Saviour into Ioys Celestial and to Hallelujahs Eternal He died in his great Climacterical upon Ascension-day 1662. when our Blessed Saviour entred into his Glory and as a Harbinger went to prepare his place for all his faithful Followers and Disciples The Synagogus annexed to Mr. Herbert's Poems Mount mount my Soul and climb or rather fly With all thy force on high Thy Saviour rose not only but ascended And he must be attended Both in his Conquest and his Triumph too His Glories strongly woo His Graces to them and will not appear In their full lustre until both be there Where he now sits not for himself alone But that upon his Throne All his Redeemed may Attendants be Rob'd and Crown'd as he Kings without Courtiers are lone men they say And do'st thou think to stay Behind one earth whilst thy King Reigns in Heaven Yet not be of thy happiness bereaven Nothing that thou canst think worth having's here Nothing is wanting there That thou canst wish to make thee truly blest And above all the rest Thy Life is hid with God in Iesus Christ Higher than what is high'st O grovel then no longer here on earth Where misery every moment drowns thy mirth But towre my Soul and soar above the Skies Where thy true Treasure lies Tho with corruption and mortality Thou clogg'd and pinion'd be Yet thy fleet thoughts and sprightly wishes may Speedily glide away To what thou canst not reach at least aspire Ascend if not indeed yet in desire As for the Off-spring of his Loins God gave him the blessing of the Religious man in Psalm 128. his Wife being like a fruitful Vine and his Children being in all eleven as Olive-plants encompassed his Table nay he saw his Childrens Children and which to him was more than all he saw peace upon Israel i. e. the Church and State restored quieted and established after many concussions and confusions and a total Abolition of their Government But the issue of his Brain was far more numerous than that of his Body as will appear by the following Catalogue of Books written by him viz. Spurius a Tragedy MSS. Written An. Dom. 1616. Theomachia a Comedy MSS. 1619. Geography twice Printed at Oxon in Quarto 1621. 1624. and four times in London but afterward in 1652. enlarged into a Folio under the Title of Cosmography An Essay call'd Augustus 1631. inserted since into his Cosmography The History of St. George London 1631. Reprinted 1633. The History of the Sabbath 1635. Reprinted 1636. An Answer to the Bishop of Lincolns Letter to the Vicar of Grantham 1636. Afterward twice Reprinted An Answer to Mr. Burtons two Seditious Sermons 1637. A short Treatise concerning a Form of Prayer to be used according to what is enjoyned in the 55. Canon MSS. Written at the request of the Bishop of Winchester Antidotum Lincolniense or an Answer to the Bishop of Lincoln's Book entituled Holy-Table Name and Thing 1637. Reprinted 1638. An uniform Book of Articles fitted for Bishops and Arch-Deacons in their Visitations 1640. De Iure partialis Episcoporum or containing the Peerage of the Bishops Printed in the last Collection of his Works 1681. A Reply to Dr. Hackwel concerning the Sacrifice of the Eucharist MSS. 1641. A Help to English History containing a Succession of all the Kings Dukes Marquesses Earls Bishops c. of England and Wales Written An. Dom. 1641. under the name of Robert Hall but now enlarged under the name of Dr. Heylyn The History of Episcopacy London 1641. And now Reprinted 1681. The History of Liturgies Written 1642. and now Reprinted 1681. A Relation of the Lord Hopton's Victory at Bodmin A View of the Proceedings in the West for a Pacification A Letter to a Gentleman in Leicestershire about the Treaty A Relation of the Proceedings of Sir Iohn Gell. A Relation of the Queens return from Holland and the Siege of Newark The + or Black Cross shewing that the Londoners were the cause of the Rebellion The Rebels Catechism All these seven Printed at Oxon 1644. An Answer to the Papists Groundless Clamor who nick-name the Religion of the Church of England by thâ— name of a Parliamentary Religion 1644. and now Reprinted 1681. A Relation of the Death and Sufferings of William Laud Arch-Bishop of Canterbury 1644. The Stumbling-Block of Disobedience removed Written 1644. Printed 1658. and Reprinted 1681. An Exposition of the Creed Folio London 1654. A Survey of France with an account of the Isles of Guernsey and Iersey London 1656. Quarto Examen Historicum or a Discovery and Examination of the Mistakes Faâ—sities and Defects in some modern Histories in two Books London 1659. Octavo Certamen Epistolare or the Letter-Combat managed with Mr. Baxter Dr. Bernard Mr. Hickman and I. H. Esq London 1658 Octavo Historia Quinque-Articularies Quarto London 1660. Reprinted 1681. Respondet Petrus or An Answer of Peter Heylyn D. D. to Dr. Bernards Book entituled The Iudgment of the late Primate c. London 1658. Quarto Observations on Mr. Ham. L'Strange's History on the Life of King Charles I. London 1658. Octavo Extraneus Vapulans or a Defence of those Observations London 1658. Octavo A Short History of King Charles I. from his Cradle to his Grave 1658. Thirteen Sermons some of which are an Exposition of the Parable of the Tares London 1659. Reprinted 1661. The History of the Reformation London 1661. Fol. Cyprianus Anglicus or the History of the Life and Death of Arch-Bishop Laud. Folio London 1668. Aërius Redivivus or the History of the Presbyterians from the year 1636 to the year 1647. Oxon. 1670. Fol. His Monument has since the erection of it had violence offered it by some rude and irreligious hand there being ever in the world those ill men who regard the Names of the Learned neither whilst they are living nor when they are dead It is erected on the North-side of the Abbey in Westminster over against the Sub-Deans Seat and the Right Reverend Dr. Earl then Dean of Westminster and afterward Bishop of Salisbury was pleased to honor the memory of his dear Friend with this following Inscription Depositum morâ—ale Petri Heylyn S. Th. D. Hujus Ecclesiae Prebendarii Subdecani Viri planè memorabilis Egregiis dotibus instructissimi Ingenio acri foecundo Iudicio subacto Memoriâ ad prodigium tenaci Cui adjunxit incredibilem in Studiis patientiam Quae cessantibus oculis non cessarunt Scripsit varia plurima Quae jam manibus teruntur Et argumentis non vulgaribus Stylo non vulgari suffecit Constans ubique Ecclesiae Et Majestatis Regiae Assertor Nec florentis magis utriusque Quam afflictae Idemque perduellium Schismaticae Factionis Impugnator acerrimus Contemptor Invidiae Et animo infracto Plura ejusmodi meditanti Mors indixit Silentium Vt sileatur Efficere non potest Obiit Anno Aetat 63. Posuit hoc illi moestissima Conjux FINIS Sleid. Com. l. 6. * So he did in a Letter to Dr. Heylyn Theol. Vet. Pref. to the Reader K. Iames Instructions to the University Ian. 18. 1616. Appendix to the Adv. on Mr. Sanderson's Histories Wisdom 4. 8 9. Pryn Burtoâ— Bastwick Page 426. Archbishops Life page 429. Page 430. * At these words the Bishop knock'd with his Staff on the Pulpit Tacit. in Vit. lul Agr. Observations on the History of the Reign of K. Charles 34. * Committee of Affectioâ—s * Exam. Hist. p. 111. Preface to the Cosmography Certam Epist. 369. As Euscapius said of Longinus * Certam Epist. 100. Tacit. An. lib. 4. Epist. Ded. before Cert Epist. Exam. Histor. 201. Cert Epist. 243. Tacit. Hist. l. 1. Tacit. Hist. l. 1. Page 6. General Preface to an Answer of several Treatises * Preface to Theo. Vet. p. 13. Theol. Vet. p. 27 28. Edit 1. b Ib. 72. c Ib. 152. d Ib. 187. e Ib. 418 419 420. f 130. g 138. h 152. i 277. k 195. ib 269 270 294. l 292. m 294. n 304. o 384. p 305. q 332. r 359. s 361 362. t 371 372. De not Eccles. l. 4. c. 4. u 386 387. w 397 398. x 457 458. y 403 404. Mat. 27. 63. Dr. Burnet's Preface to the History of the Reformation Vol. I. Epist. Ded. Hist. D. Ham. p. 29 30. Page 6. Exam. Hist. 162. Observat. on the History of the Reign of K. Charles 72. Cert Epist. 22. Cert Epist. 173. Ib. 153. Cert Epist. 57. Exam. Hist 126. Observat. on the History of the Reign of K. Charles 220. Exam. Hist. 97. Obs. 196. Exam. Hist. 237. Introduct unto Exam. Hist. Observ. on 151. Exam. Hist. â—46 Cert Epist. 44. Obser. 183. 1 Pet 2. 25. 1 Pet. 5. 1. Ib. 188. P. 224. Yitles of Hon. p. 2. cap. 5. Observ. on the Hist. page 2. Pref. to Theol. Vet. Acts 6. 10. Cert Epist. 31. Gen. 48. 10. * Stalius calls blindness so Tul. Tus. Quaest. lib. 5. Ibid. Quintilian in Declam Certam Epist. 310. * Sir W. S. Cert Epistola Epist. Ded. Tacit. Anal. l. 13. 2 Cor. 11. 27. Psal. 32. 4. Ecclus. c. 34. 2 7. Verse 6.