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cause_n	authority_n	church_n	word_n	2,098	5	4.2654	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A02483	An ansvvere to a treatise vvritten by Dr. Carier, by way of a letter to his Maiestie vvherein he layeth downe sundry politike considerations; by which hee pretendeth himselfe was moued, and endeuoureth to moue others to be reconciled to the Church of Rome, and imbrace that religion, which he calleth catholike. By George Hakewil, Doctour of Diuinity, and chapleine to the Prince his Highnesse.	Hakewill, George, 1578-1649.; Carier, Benjamin, 1566-1614. Treatise written by Mr. Doctour Carier.; Carier, Benjamin, 1566-1614. Copy of a letter, written by M. Doctor Carier beyond seas, to some particular friends in England.	1616 (1616)	STC 12610; ESTC S103612	283,628	378

reason The like befell Iohn de la Poole designed by Richard the third after the death of his owne sonne to bee his Successour himselfe being alwayes euen in that respect suspected of Henry the VII till at last he was slaine and his brother vnder Henry the VIII beheaded These reasons might mooue her Maiestie for the stopping of that declaration not the feare of his Maiesties right but the care of preseruing it being sufficiently proclaimed in his blood and discent Whatsoeuer it were since his Maiestie who had the neerest interest in that errand hath bene content thus graciously to passe it ouer it cannot but argue want both of wisdome and charitie in Mr. Doctor thus vnseasonably and maliciously to reuiue it Lastly God of purpose no doubt raised vp his Maiestie to crosse the worldly and diuelish pretence of Rome and to perpetuate the life of that Religion which you call Schisme and I make no doubt but if King Henry the VII had found it left by his predecessor in the state that his Maiestie did hee would in his wisedome haue left it to his Successor as hee is like to doe and I am the rather induced to thinke so because in the first yeere of his raigne the Pope hauing excommunicated all such persons as had bought allome of the Florentines by his permission if not command it was resolued by all the Iudges of England that the Popes Excommunication ought not to be obeyed or to bee put in Execution within the Realme of England and in the same yeere hee suffered sharpe lawes to be made by the Parliament to which himselfe gaue being by his Royall assent for the reformation of his Clergie then growen very dissolute and in the eleuenth yere of his raigne a Statute was enacted that though by the Ecclesiasticall Lawes allowed within this Realme a Priest cannot haue two Benefices nor a bastard be a Priest yet it should be lawfull for the King to dispence with both of these as being mala prohibita but not mala per se all which argues that they then held the King to bee personam mixtam as it was declared in the tenth yeere of his reigne that is a person mixt because hee hath both Ecclesiasticall and Temporall iurisdiction vnited in his person B. C. 34. But perhaps the Schisme though it serue you to none other vse at all for your title yet it doth much increase your authority and your wealth and therefore it cannot stand with your honour to further the vnity of the Church of Christ. Truely those your most famous and renowned ancestours that did part with their authority and their wealth to bestow them vpon the Church of CHRIST and did curse and execrate those that should diminish and take them away againe did not thinke so nor finde it so And I would to God your Maiesty were so powerfull and so rich as some of those kings were that were most bountifull that way You are our Soueraigne Lord All our bodies and our goods are at your command but our soules as they belong not to your charge but as by way of protection in Catholike religion so they cannot increase your honour and authority but in a due subordination vnto Christ and to those that supply his place in iis quae sunt iuris diuini It was essentiall to Heathen Emperours to bee Pontifices as well as Reges because they were themselues authors of their owne religion But among Christians where Religion comes from CHRIST who was no worldy Emperour though aboue them all the spiritua● and temporall authority haue two beginnings and therefore two Supremes who if they bee subordinate doe vphold and increase one another but if the temporall authority oppose the spirituall it destroyeth it selfe and dishonoureth him from whom the spirituall authority is deriued Heresie doth naturally spread it selfe like a ca●k●r and needes little helpe to put it forward So that it is an easie matter for a meane Prince to be a great man amongst heretikes but it is an hard matter for a great king to gouerne them When I haue sometimes obserued how hardly your Maiesty could effect your most reasonable desires amongst those that stand most vpon your Supremacy I haue bene bold to bee angry but durst say nothing onely I did with my selfe resolue for certaine that the keyes were wont to doe the Crowne more seruice when they were in the armes of the miter then they can doe now they are tyed together with the scepter and that your title in spirituall affaires doth but serue other mens turnes and not your owne G. H. 34. Hauing passed your supposed remoouall of all opposition both in doctrine and State thereby to make a readier way to your imaginary reconciliation you now come to an endeuour of clearing such obiections as you conceiued would offer themselues whereof the first is that the religion established which you call schisme serues to increase his Maiesties authoritie and wealth and therefore it cannot stand with his honour to further the vnity of the Church of CHRIST Indeed it must be confessed and cannot bee denied that the religion established yeelds his Maiestie the authority due vnto him which is more then the Romish yeelds to the Soueraigne Princes of her profession and yet no more then CHRIST and his Apostles in practise yeelded and in precept command And yet withall it cannot be denied but some of his Maiesties ancestours partly through the insensible incrochment of some ambitious Popes and partly through the neglect of some weake kings did part indeed with some of their authority to bestow it vpon that Church to which you intitle Christ yet that they reserued to themselues a power euen in Ecclesiasticall causes I haue already made sufficiently to appeare in mine answere to the 16 section of the first chapter and in diuers other places to which I wil presume to adde that which his Maiesty hath published to the world touching this very point in his Premonition to all Christian Princes and States My Predecessors ye see of this kingdome euen when the Popes triumphed in their greatnesse spared not to punish any of their Subiects that would preferre the Popes obedience to theirs euen in Church matters so farre were they then from acknowledging the Pope their temporall Superiour or yet from doubting that their owne Church men were not their Subiects And now I will close vp all these examples with an Acte of Parliament in King Richard the II. his time whereby it was prohibited that none should procure ● benefice from Rome vnder paine to be put out of the kings protection And thus may ye see that what those kings successiuely one to another by foure generations haue acted in priuate the same was also maintained by a publike law By these few examples now I hope I haue sufficiently cleared my selfe from the imputation that any ambition or desire of nouelty in me should

the height of his anger any more then this he declared not and lesse then this well he could not But before this you say in the entrance of this Section stil harping vpon your old string He was indifferent wheras your great Cardinall a man of no meane intelligence in his Tortus makes his Maiesty to haue bene a Puritane whiles hee was in Scotland and againe confirmes the same in his Apologie for that in the first booke of his Ba●ilicon Doron he affirmes that the religiō there professed was grounded vpon the plaine words of the Scripture and againe in his second booke that the re●ormation of religion in Scotland was extraordinarily wrought by God And before the Powder treason he makes him so farre from indifferencie as he faines the seuerity of his lawes against Romane Catholikes to haue giuen occasion to that foule conspiracy and to the conspirators being then without all hope of entring into so desperate a course And sure it seemes the Powder-traytours themselues held him not indifferent for they discouered greater anger towards him in the proiecting of that bloody treason then he toward them or their associates after the discouery of it which notwithstanding it seemes by Watsons confession not long before his execution the Iesuites were hatching before his vndertaken for religion too was detected not full three moneths after his Maiesties right to the Crowne before it was setled or so much as set on his head nay Garnet himselfe their Arch-Priest being sollicited not long before the Queenes death by a gentleman of a noble family but Popishly affected that when time serued hee would set forward the kings title among Catholikes returned this answere that he had nothing to doe with the kings right or the promoting it in as much as he was so hardened in a religion contrary to his that now there was no hope of his conuersion left Thus we see that neither the Powder-traitours themselues nor Watson and Clerke Priests nor the Iesuits nor the Arch-Priest nor the Cardinall held him indifferent before the Powder-treason yet Mr. Doctor is of a contrary opinion to them all perswaded it may be by his Maiesties Letters pretended to be addressed before his entrance into this kingdome in the yeere 1598. to Pope Clement the VIII Cardinall Aldobrandin and Cardinall Bellarmine that some one of the Scottish nation might bee created Cardinall by whose intercourse he might more freely and safely negotiate with the Pope this reason indeede I haue heard some Romane Catholikes much stand vpon and except this be it I cannot conceiue what should moue Mr. Doctour thus boldly and frequently to vpbraid his Maiesty with indifferency which was the fault of the Angel of the Church of the Laodiceās And surely he that writing to his Maiesty so grosly erreth about his Maiesties writings I may I hope without breach of charity suppose that hee neuer so much as read or saw the full answere to this obiection long since published to the view of the world standing partly vpon his Maiesties peremptory deniall of euer yeelding his consent to the sending of such letters and giuing the Pope to vnderstand by messages deliuered by word of mouth that if hee ha● receiued any letters at all as written from him he should esteeme them none otherwise but as counterfeit or gotten by stealth partly vpon the confession of the party himselfe before his Maiesty and the Lords of his Counsell who out of an ambitious desire of aduancing his neere kinsman to the dignity of a Cardinal being then the Secretary of State shufled in those letters among others when his Maiesty was ready to take horse and so by cunning got them to be subscribed and partly vpon the Popes proceedings after the receit of them which was the shewing of them to such as came thither of the Scottish nation and demanding whether they thought the subscription to bee his Maiesties owne hand suffering some to take copies of them besides he neither answered the Letters nor granted the suite contained in them and some yeeres after writing to his Maiesty by Sr. Iames Lindsey he neither mentioned those letters nor blessed his Maiesty with Apostolike benediction and after all this sent his two Breues to the Romane Catholikes here in England for the excluding of him from the Crowne And thus haue we now not onely the traitours the secular Priests the Iesuits the Arch-Priest the Cardinall but the Pope himselfe making against this vaine supposition of his Maiesties indifferencie before the Powder-treason To conclude this Section then and therewithall my reply to such pretended motiues as might incline his Maiestie to reconcilement with the Church of Rome or toleration of Roman Catholikes if his Maiestie haue as great reason to continue seperation with the Church of Rome as Henry had to make it and Queene Elizabeth to maintaine it and that it doth increase his lawfull authoritie both ouer more persons and in more causes if it may serue for the better inriching of his coffers an vnion with that Church can not but bring both his honour and wisedome into question being so farre prouoked without iust occasion giuen or any satisfaction hitherto made and hauing so deepely ingaged himselfe in the quarrell if thereby hee shall depriue himselfe of that blessing which otherwise he might expect and hitherto hath felt from Christ his Sauiour whose cause hee pleadeth from his Christian and truely Catholike neighbour Princes states and Subiects and lastly from the Church of CHRIST in whose communion is the greatest comfort both in life and death then whatsoeuer some discontented fugitiue or hired aduocate of Rome may say to the contrary I doe verely beleeue they doe but speake for themselues and that there is no true reason that may concerne his Maiesties good but rather danger and harme why hee should admit a publike toleration of Papists and Popish Religion who stoppe their eares at home against the charmer charme hee neuer so wisely and abroad with great eagernesse pursue the ruine of their natiue countrey among whom I professe I must hold Mr. Doctor to haue been one till I be better informed to the contrary B. C. 38. But although your Maiestie sit at the Sterne and commaund all yet are you caried in the same ●hippe and it is not possible to weild so great a vessell against winde and tyde and therefore though it doe not concerne your Maiestie in your owne estate yet if your Lords and your Commons and your Clergie doe reape any great benefit by the Schisme it will be very hard for your Maiestie to ●ffect vnitie but if vpon due examination there bee no such matter then is it but the crie of the passengers who for want of experience are afraid where there is no danger and that can be no hinderance to any course your Maiestie shall thinke to bee best for the attaining of the hauen G. H. 38. From his Maiestie that sits at the Sterne and commands

the rich Abbeys yet were they as much burthened with the poore Frieries who had nothing to helpe them but the deuotion of the people it being commonly sayed of their assisting at Funerals Vbi cadauer ib coruus But they were all you say Mundo mor●ui vsing ● more but for their food and regular apparrel and turning the residu● to pious or charitable or publike vses but if it were so how came it to passe that many times they inriched and aduanced there families as much as any Lay man nay which is worse vsua●ly they spent the residue vpon their gaming and luxurie and their liuing Exchequer was rather for the seruice of the Pope and Court of Rome then of their Prince and Countrey so that the multitude of such Clergy men and the greatnesse of their prouision may well bee obiected by wise men without enuie as it was by the Venetians in the last quarrell betweene them and the Pope if their goods and persons be still as they haue beene hitherto exempt from Secular iurisdiction and publique seruice of the state for the preuention of which mischiefe was the statute of Mortmaine for the lessening of these mundo mortui made by Edward the first and confirmed by all his successours so that vpon due and trew examination the Commons are found to loose nothing but rather gaine much by the reformation of the Church and separation from Rome and if they did not yet were it a poore bargaine for a man to winne the whole world and loose his owne soule B. C. 42. And as for liberty they are indeed freed from the possibilitie of going to shrift that is of confessing their sinnes to God in the eare of a Catholike Priest and receiuing comfort and counsell against their sinnes from God by the mouth of the same priest which duty is required of Catholike people but onely once in the yeere but performed by them with great comfort and edification very often so that a man may see and wonder to see many hundred at one altar to Communicate euery Sunday with great deuotion and lightly no day passe but diuers do cōfesse are absolued and receiue the blessed Sacramēt The poore commons in England are freed from this Comfort neither is it possible vnlesse their Ministers had the seale of secrecie for them to vse it and what is the liberty that they haue in stead therof Surely the seruants haue great liberty against their masters by this meanes and the children against their parents and the people against their prelats and the subiects against their King and all against the Church of Christ that is against their owne good and the common saluation for without the vse of this Sacrament neither can inferiours bee kept in awe but by the gallowes which will not saue them from hell nor superiours bee euer told of their errours but by rebellion which will not bring them to heauen These and such like bee the liberties that both Prince and people doe enioy by the want of confession and of Catholike religion G. H. 42. We willingly acknowledge with S. Paul that to the Ministers of the Gospel is committed the Ministerie of reconciliation and the k●ys of the Kingdome of heauen to open and shut as they see cause and therfore in their ordination hath our Church ordained the Bishop to vse these wordes Receiue the holy Ghost whose sinnes thou doest forgiue they are forgiuen and whose sinnes thou doest retaine they are retained consequently if the power of absolution be giuen in these words then is it giuen receiued in the Church of England and as for the people they stand bound as often as they meete in their solemne assemblies to a publique and generall confession howbeit they are indeed freed from the necessitie of that which wee call auricular though not from the possibilitie as you falsly pretend for as we inforce none if they come not as knowing that force may worke vpon the body but neuer vpon the will so we exclude none if th●y come with a true penitent heart or out of the Scruple of conscience either to seeke Counsell being ignorant of the qualitie and quantitie of their sinne or comfort against despayre for sinne knowen and acknowledged In this case the only imparting of a mans mind to a trusty Friend like the opening of a feastered sore cannot but bring content to a soule so anguished and perplexed but much more if the vlcer be disclosed to a skilfull and faithfull Pastour of the soule who is no lesse able then willing aswell to vnderstand the nature of the disease as by warrant of diuine ordinance to apply the remedie and sure I see not but the Minister standing in the place of God as his ambassadour and pronouncing absolution vpon humble and harty repentance as from God it should prooue a marueilous great ease and settlement to a poore distracted and distressed conscience in which regard our Church hath well ordayned in one of the exhortations before the Communion that if any of the Congregation bee troubled with the burden of sinne so that he cannot quiet his conscience but requireth further comfort and counsell that he repayre either to the Pastour of his owne Parish or some other discreet and learned Minister of the word and open his griefe that hee may receiue such Ghostly counsell aduice and comfort as his conscience may be releiued and that by the Ministerie of Gods word he may receiue comfort and the benefit of absolution to the quieting of his conscience and auoiding of all scruple and doubtfulnesse and in the visitation of the sicke if he feele his conscience troubled with any waighty matter hee is willed to make a speciall confession and the Minister thereupon to absolue him In the name of the Father the Sonne and the holy Ghost which is an absolution onely Declaratorie Conditionall and Ministeriall but the Church of Rome not content herewith challengeth to her selfe herein a power iudicial which is in truth indiuidually annexed to the person and office of him who is Iudge both of quicke and dead This I take to bee the doctrine of the Church of England and the Primitiue writers touching this point and I cannot but wonder that Mr. Doctor so long a Church man of such eminent place amongst vs should be so ignorant therof as to affirme that the people with vs are freed from the possibilitie of confessing themselues whereas Mr. Casaubon a stranger in comparison could informe him that the rigorous necessitie of Confession inioyned and practised in the Church of Rome the Church of England thought fit vpon iust reason to moderate and qualifie but for the thing it selfe shee neuer did wholy annull it nor now doth simply condemne it And for the practise of it in forreine countreys which Mr. Doctour so much boasteth of wee are not all such strangers in those parts but some others haue aswell beene acquainted with their great deuotion in their

deliuered to his Apostles and disciples and here you tell vs that when you came to more iudgement for the better informing your selfe herein you read ouer the Chronicles of England a proper course indeede as if a man should reade ouer the Chronicles of England to search whether the practise of our Architects in building agree with Vitruuius his precepts or of our husbandmen in manuring their grounds with Columellaes rules For mine owne part I should rather haue thought that the readiest way to informe your selfe aright had been to compare the religion of England with the doctrine of the Gospels Epistles Actes of the Apostles and Church history the ende of a Chronicle being not to shew euery alteration in religion specially where it is made peece-meale insensibly and by degrees of which a man may say that hee sees it is changed though he sawe not the changing as he sees the grasse hath growen though he saw it nor growing and the shadow in a diall to haue mooued though not moouing The enuious man sowed his tares in the night so that men discouered it then when they sprang vp in the morning but the sowing of them they could not obserue because it was done cunningly in the night when all men slept and for a time they lay hid vnder the earth And yet are not our Chronicles so silent but that they euery where lay open the iust comp aint of our Kings and groning of our Clergie and people vnder the yoke of the Bishop of Rome as shal more clearely appeare when we come to shew what benefit euery estate may expect from the restitution of Romish religion But you say you found the religion of England a plaine change and change vpon change But our constant answere is that which you professe you hoped to finde that the change was in the Church of Rome our change being nothing else but the scowring off of that rust or the repairing of those ruines which we found had insensibly growen vpon it For to suppose that tract of time cannot drawe a corruption vpon religion aswell as vpon ciuil affaires is as if a man should imagine that Castles indeede are subiect to reparations but not Churches and for your pretended change vpon change wee may boldly say that our Common prayer booke hath not receiued so many changes as your Breuiaries your Portesses your Legends your Martyrologies your Pontificals your Ceremonials and specially your Missals haue done and that since our reformation nay since the framing and publishing of our Common prayer bookes in the beginning of the reigne of Edward the VI. wee find no change in any materiall point at all saue that in their Letanie they prayed to be deliuered by name from the tyrannie and malice of the Pope which for any thing I know might as iustly and vpon as good reason haue been retained by vs as it was by them put in H Now why Henrie the VIII should cause the first change in religion out of a desire to change his bed-fellow I see not except you esteeme a restraining of the Popes vnlimited power in dispensations to be a change in religion and indeed it may well be since now the world is come to that passe that the Popes authority and religion are in a manner as reciprocall as the definition and the thing defined And for the change of his bedfellow it is well knowen to those that haue read ouer our Chronicles with obseruation as your selfe pretend you haue that he being married to her at the age of 10. yeeres or thereabout protested against it when he came to 14. in the presence of Richard Foxe Bishop of Winchester and Iohn Reade a publique Notary as appeares by a deed vnder his owne hand being then Prince of Wales besides the Counsell both of Spaine and of France treating a mariage for the Lady Mary the one wi●h Charles the Emperour the other with Henry Duke of Orleans they both made a doubt whether the mariage of her mother hauing bene wife to the Kings owne brother could be dispensed with or the children begot in this second bed legitimate and by Law allowed to succeed to the crowne nay which is more D. Longland then Bishop of Lincolne the kings Confessour after it had long slept reuiued this Scruple in the kings conscience the Cardinall being Archbishop of Yorke and Legate to the Pope together with the Archbishop of Canterbury and all the rest of the Bishops Rochester onely excepted who was then lately made Cardinall but lost his head before his hat came ouer subscribed and sealed to the iustnesse of the diuorce both our Vniuersities yea many beyond the Seas to the number of 10. or 12. some of them in Italy it selfe and vnder the Popes peculiar iurisdiction confirmed it vnder their common seales diuerse of our Doctors being purposely sent to Rome about it offered dispute before the Pope to proue it Cranmer in a priuate conference at Vienna with Cornelius Agrippa then following the Emperour euery where admired for his learning so fully satisfied him that he held the proposition most true if it could be proued that the Lady Katherine was carnally knowen of Prince Arthur whereof the presumptions were great The one was that Prince Henry was deferred from his creation and title of Prince of Wales by the space of sixe moneths after Arthurs decease vpon a supposition that the Lady Katherine might be by him conceiued with childe Another was that for this cause the said Lady procured a second Bull from the Pope with this addition Velforsan cognitam and peraduenture carnally knowen which Bull was only purchased to dispense with this mariage A third presumption was from the report of Prince Arthurs Chamberlaine vpon certaine words spoken by the Prince the first morning that he rose from his bed A fourth was the relation of the Ambassadours of Ferdinando her father king of Spaine being sent hither purposely to see the mariage consummated who returned their knowledge of their mutuall coniunction by the markes and that nothing was left vnperformed of any nuptiall right And surely they being both of yeeres able enough to accomplish the acte he aboue 15. and she aboue 17. laid both in one bed almost fiue moneths together doe assure vs the certainety of that which in this businesse is made the greatest scruple These were the reasons which in appearance moued Henry the VIII to the remouing of his bed-fellow not those which you as fondly imagine as you suggest malitiously I doe not take vpon me the clearing of this king from all the blame that is cast vpon him yet I may truely say that strangers haue bene more fauourable vnto him then our owne countrey-men he being deepely and bitterly taxed not onely by Saunders from whom nothing but such slanders could be expected but by a later writer professing himselfe of our owne Church to the great content of the Romish faction whose obligation notwithstanding to the daughter in the

alterum diem Deo volente Qui te seruet Illustrissime Domine Londini VIII Eid Sept. MDCXIII Tuae Reuerentiae obseruantiss cultor IS CASAVBONVS Right Reuerend my Gracious Lord I Send vnto your Grace the Letter whereof you haue heard The Letter was sent me with intent it should be communicated vnto the King but I thought it fitter to bee suppressed and to be shewed vnto none For I cannot approue the drift of that learned man who wr●te the Letter Wherefore I answered him for●●with and with many words aduised him to desist from that purpose I brought him many reasons why I certainely beleeued it was folly or rather frensie to hope for any good from the Romish Phalaris for that very terme I vsed who laughs at our euils if there be any amongst vs. I laid before his eyes how auerse the Peeres of the Romish Church are from all equitie specially Bellarmine of whose impiety I wrote at large vnto him I set before his eyes with how great danger to himselfe he seemed to become the Popes Patron I alledged testimonies of Matthew Paris of the great misery of England when it was vnder the Popes obedience I added the example of that Narbonois who of late sent vnto the Kings MAIESTY a booke of the like argument that being commanded by the KING to say my mind I professed my detestation thereof and that it was his MAIESTIES will to haue some animaduersions set in the margent of the booke After which what became of Carier I know not This I thought good to signifie vnto your Grace but I expected vntill you were returned vnto the Citie for the publishing of my booke stayes meat home I haue other weighty matters whereof to aduise with your Grace within this day or two God willing who preserue you my gracious Lord. London Sept. 6. 1613. Your Graces most respectiue Obseruer ISA. CASAVBON B. C. 17. There is a statute in England made by King Henry the VIII to make him supreame head of the Church in spirituall and Ecclesiasticall causes which Statute enioynes all the subiects of England on paine of death to beleeue and to sweare they doe beleeue that it is true and yet all the world knowes if King Henry the VIII could haue gotten the Pope to diuorce Queene Katherine that he might marrie Anne Bullen that Statute had neuer been made by him and if that title had not enabled the King to pull downe Abbeys and religious houses and giue them to Lay men the Lords and Commons of that time would neuer haue suffered such a Statute to be made This Statute was continued by Queene Elizabeth to serue her owne turne and it is confirmed by your Maiestie to satisfie other men and yet your Maiestie yeeldeth the Church of Rome to be the mother Church and the Bishop of Rome to bee the chiefe Bishop or Primate of all the Westerne Churches which I doe also verely beleeue and therfore I doe verely thinke he hath or ought to haue some spirituall iurisdiction in England and although in mine yonger dayes the fashion of the world made me sweare as other did for which I pray God forgiue mee yet I euer doubted and I am now resolued that no Christian man can take that oath with a safe conscience neither will I euer take it to gaine the greatest preferment in the world G. H. 17. The Statute here intended can be none other then the S●tute 26. of H. VIII Cap. 1. for that is the first Statute that medleth with the Supremacie which Statute is as the Common Lawyers terme it Statutum declaratiuum not introductiuum noui iuris as doth clearely appeare by the Preamble which hath these words Albeit the Kings Maiestie iustly and rightfully is and ought to bee taken and accepted supreame head of the Church of England and so is recognized by the Clergie in their Conuocation yet neuerthelesse for corroboration and confirmation thereof Be it enacted that the King shall bee taken and accepted Supreme head c. So that the Doctor is fowly mistaken to say that there was a Statute made by K. Henry the VIII to make him Supreme head for it was his ancient right that made him so and it was his Clergie that had acknowledged him to be so before the making of this Stat●te nay the very phrase and letter of this Statute it selfe doeth purposely renounce the power of making and assumes onely the authority of confirming Whereby it is cleare that Henrie VIII made not a statute to make himselfe Supreme in Ecclesiasticall causes as Mr. Doctor affirmeth but to confirme those Statutes and Rights which his noble Progenitors as iu●tly challenged to belong to their Crown as the Bishops of Rome vniustly pretended to be annexed to their Myter And where he sayes that the Statute which according to his vnderstanding made him Supreme head did also enioyne the Subiect to beleeue and sweare it t● bee true it is manifest that there is not any mention at all of any oath in that Statute but it is true indeede that in the 28. of Henry VIII chap. 10. there is an oath of Supremacie ordeined the refusall whereof by some certaine persons enioyned by that Act to take it was made high Treason And herein againe is the Doctour deceiued nay which is worse seeketh to deceiue others for onely some certaine persons were bound by that Statute to take the oath and not all the Subiects of England as he falsely surmiseth Anno 35. Henry VIII cap. 1. the oath of Supremacie ordeined by 28. was repealed and a new forme of oath prescribed and extended to more persons but neuer to all in generall The same Parliament Cap. 3. enioyneth that the stile of Supreme head be receiued and vsed and this was all that was done by Henry VIII in the point of Supremacie by way of Statute So that to say as Master Doctor doth that all the Subiects in England are bound vpon paine of death to beleeue the Supremacie is a malicious fiction in two respects First touching the persons enioyned to take the oath and lyable to the punishment and then againe as touching the offence for that beliefe alone which is a secret inclination of the minde knowne onely to God the searcher of the heart and not issuable nor tryable by any Law humane should be made an offence punishable by death is in it selfe so absurde as it cannot but appeare to bee a false imputation to charge our Law-makers therewithall Lastly whereas hee sayes that Henry the VIII would neuer haue made that Statute if he could haue gotten the Pope to haue diuorced Queene Katherine that he might haue married Anne Boleine it is cleare and all the world may know that if King Henry would haue ioyned with Francis the French King in the warre of Naples against Charles the Emperour the Pope would not haue stucke to haue giuen way to that diuorce for the better procuring of which Combination hee did not onely

how hath their multitude intangled the Christian world yet must no man dare open his mouth to complaine of that We reade of Luther that when he heard his books by publike order were burnt in Rome he as solemnely burnt the Canon law at Wittenberge We haue not proceeded neither thinke wee it fit to proceed so farre but haue rather chosen out of that dunghill to seeke for a pearle which hauing found we are content to keepe and as occasion serues to make vse of We haue not wholly abrogated the Canon law but wee retaine it in part though not as receiuing strength from the Popes authoritie who for any thing I know hath no more right of making lawes for vs then wee haue for him but from the gouernours of our owne Church Neither did the Kings of France in the erection of their Vniuersities receiue it any otherwise then to vse at their own discretiō not to oblige them as a law or if it did the power of it was deriued from their owne approbation not from Romes imposition and therefore haue they expresly and by name forbidden the 6th Booke of the Decretals to bee read in their Vniuersities as lawe as being expresly against the lawes and liberties of the Gallican Church Now if they refuse one part they might in my iudgement by the same reason if they found it inconuenient or disagreeable reiect the whole and I thinke they would not stand much if occasion serued vpon the casting off of the Canon lawe who could by no meanes yet bee induced to the receiuing of the Canons of the Council of Trent A notable instance hereof wee haue euen in the depth of Popery in our owne Countrey At the Parliament of Merton it was proposed that children borne before marriage might bee adiudged legitimate according to the rule and practise of the Canon law They all made answere with one voice Nolumus Leges Angliae mutari we wil not yeeld to the change of the lawes of England by which it appeares that they receiued not in those very times all the Popes Canons as lawes and those which they receiued they had not the force of lawes because the Pope imposed thē but because themselues entertained them in that nature and to that purpose ratified them Mr. Doctor need not marueile then if our Parliament now make lawes to the same purpose and by the same authority as they ratified those The Summons of Parliament euer since the time of King Henry the V. and how long before I know not haue in one constant forme and tenour made mention that the Parliament is summoned to consult de negotijs statum defensionem Regni Angliae Ecclesiae Anglicanae contigentibus of businesses concerning the State and defence of the Realme and Church of England Among other Kings S. Edward begins his lawes with this protestation that it was his Princely care Vt populum Dei super omnia Sanctam Ecclesiam regat gubernet To rule and gouerne Gods people and aboue all the Church of God And before him Ina k●ng of the West Saxons professeth that hee called a Councill of his Bishops and Senators that they might consult of matters De salute animarum Statu regni touching the saluation of their soules and the State of the kingdome And therefore doeth our chiefe Antiquarie rightly distinguish our Courts into Ecclesiasticall Ciuill and mixt which hee makes the Parliament as beeing compounded of both and consequently capable to determine of matters of both natures though I must needes say the case is somewhat altered from ●ormer times when not onely the Arch-bish●ps the Bishops the Abbots and Priors whose number was double to th●t which now it is and litle inferiour to the ●e●porall Lords sate in thhe igher House of Pa●liament and had con●luding vo●ces but the bodie of the Clergie and Cathedrall ●hurches had their Proctours amongst the Commons as may be c●llected by diuers of our Statutes in print but no● that the number of the Lords Spirituall in the higher House is ●essened and the others are cleane excluded the lower House mee thinkes it should stand with reason and equitie that th● li●ertie of making of lawes or Canons in Church-matters should bee referred and reserued by his Maiesties gracious fauour and with his Royall assent to Church-men assembled in their Conuocation who are presumed to be most able and willing to establish good and wholesome Constitutions and to reforme what is amisse Thus in the yeere 1603 at his Maiesties first entrance into this kingdome by vertue of hi● Prerogatiue Royall and Supreame authority in causes Ecclesiasticall did hee graunt lic●nce and free power vnto them to treate and agree vpon such Ordinances as they should thinke necessary and conuenient for the honour and seruice of Almighty God and the good and quiet of the Church and afterward being by them agreed vpon and throughly considered by his Ma●estie out of his princely inclination to maintaine the present estate and gouernment of the Church of England hee not onely co●firmed them by his Royall Assent but by the same authoritie commaunded the entertainement and execution of them through the Realme Another matter you fling at is the multitude of Lawyers at this day as i● they were exceedingly increased but if you had read and well obse●ued Foretescues obseruation in this behalfe who wrote about 200. yeeres since being then Chiefe Iustice of England and had compared this time to that you would haue found that the number of that Pro●ession in those dayes was litle lesse then at this day certainely their colledges were then more then now His words are Sunt namque in eo decem hospitia minora et quand●que verò plura quae nominantur hospitia Cancellariae ad quorum quodlibet pertinent centum studentes ad minus et ad aliqua eorum maior in multo numerus licet non omnes in eis semper conueniant Maiorū quatuor sunt ad minimū eorum pertinent in forma praenot at a ducenti studentes aut propè They haue ten lesser houses which they call Innes of Chancerie to euery of which belong one hundred students at least and to some many more though they be not all continually resident in them of the bigger houses they haue ●oure and to each of them in like manner belong two hundred students or thereabout Whereras at this present in some of the Innes of Court there are not 260. and in the greatest little aboue 300. in commons at one time and for the ●nnes of Chancerie they are but eight in number and in most of them not aboue 50. in commons together But if they are increased it may well be imputed not so much to our multitude of statuts as to our long peace the nurse of homebred quarrels or to the dissolution of our Monestaries and that as I conceiue for foure reasons First for that whereas in those dayes when the Monasteries stood many yonger brothers did