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A13168 The examination of M. Thomas Cartvvrights late apologie wherein his vaine and vniust challenge concerning certaine supposed slanders pretended to haue bene published in print against him, is answere and refuted, By Matthevv Sutcliffe. Sutcliffe, Matthew, 1550?-1629. 1596 (1596) STC 23463; ESTC S120443 107,902 121

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According to the meaning of the statute I thinke he will not take the oath for then he should declare that the Queene hath power to establish and disanull Ecclesiasticall lawes to appoint Ecclesiasticall Iudges officers and commissioners to heare appeales or to appoint delegates to heare them when they are made from Ecclesiasticall courtes to nominate Bishops to receiue first fruits and tenthes of Ecclesiasticall liuings and such like rights priuiledges as the statutes of this land giue her but that he may not nor I thinke wil not do for that the lawes of their discipline deny it if so be he would I confesse he should satisfie me in this point but hee should vtterly ruinate the foundation of his aldermens consistoriall iurisdiction to whom they giue most of these things Yea I doubt whether others would be satisfied for as in religion it is a note of an hereticall disposition to doubt of the grounds of our faith so in policie it is a note of a disloyall person to doubt of the princes lawfull authoritie which the statutes giue her In which case seeing you were once albeit now you vtterly deny it I pray you let vs not haue you too much boast of your innocencie and that in such long Prefaces as that before your short briefe especially seeing heretofore you haue written and done many things to the praeiudice of her supremacie in Ecclesiasticall causes In the booke of your holy discipline wherein you hold that a perfect forme of Church gouernment such as is prescribed in Gods word is conteined you haue vtterly excluded the princes authoritie and debarred him from all gouernment for you haue not so much as mentioned him In one of the disciplinarian bookes of common prayer 1 This booke they sought to haue confirmed by act of Parliament and administration of Sacraments you leaue out the Christian magistrate in another there is some mention made of him but it is in the ende of the booke and after all the officers of the Church described Thirdly in direct termes you say that the Christian magistrate can no more be an officer of the Church 2 2. reply p. 420. then the pastors can bee magistrates how then can he be supreme gouernor of the Church that is no gouernor at all 3 2. repl 2. parl p. 147. as you say You hold also that a Christian magistrate hath no more authoritie in the Church then a heathen prince which is sufficient to exclude him out of the Church gouernment Finally you do subiect him to the excommunication of your elderships and place the magistrate among those that are to obey and the elders among commanders Fourthly you wil not deny but that the Papists deny her Maiesties supremacie in causes Ecclesiasticall how then can it be said that you hold a good opinion of it when you in your books do giue her no more authoritie then they and abridge the same as farre as they doe 4 2. repl p. 48. Doe you not deny that the prince ought to be called the head of particuler and visible Churches within his dominions Do you not likewise 5 Ibidem p. 157. 167. take from him authoritie to determine of Church causes and 6 1. reply p. 192. power to ordeine lawes and ceremonies It cannot be denied your wordes are plaine all which you borow from the Papists They subiect the prince to the Pope you to your elderships neither can you shew any other difference betwixt your selfes and them For where you say first that you doe not exempt your ministers frō the punishment of the ciuil magistrate as the Papists doe their Priestes you erre in both for both would you claime immunitie for your ministers and they do not simply exempt their priestes but in certeine cases The authors of the 7 Admonition 2. p. 65. admonition would haue themselues and their companions by act of Parliament exempted from the authoritie of Iustices and from their enditings and finings In your 8 Lib. 2. reply you would haue the authoritie of the ciuill magistrate to descend from Christ as God and not as mediator whereof it followeth that Christian princes haue no rule ouer their subiects as Christians but onely as men 1 De visib monarch lib. 2. c. 3. as Saunders also holdeth all of you deny that any appeale is to be admitted from the determination of the synode to the prince How then are not the synodes exempt from princes iurisdiction when the prince hath no authoritie ouer them yea and in Suffolke certeine of this sect in a supplication to the Lords of her Maiesties counsell affirme that it was a hard course and tending to the discredit of the ministery that their ministers should be presented before the Iudges and endited arraigned and condemned Contrarywise 2 Against the apologie of the Church p. 306. Harding saith that good Kings may put Bishops and priestes in minde of their duties and bridle both their riot and arrogancie And in 3 Ibidem p. 303. another place that a prince may make lawes for the obseruation of both tables and punish the transgressors Feckenam 4 To bishop Horne offereth to sweare that her Maiestie hath vnder God the soueraintie and rule ouer all persons within her dominions whether they bee Ecclesiasticall or temporall Fatemur personas Episcoporum qui in toto orbe fuerunt saith 5 De visib monarch lib. 2. c. 3. Sanders Romano Imperatori esse subiectos And for ciuil causes it is their common opinion that 6 Harding reioynd f. 379. priests may be conuented before ciuil Iudges and for Ecclesiastical causes certeine 7 Act. of Parliament anno 1584. acts 2. ministers of Scotland refused to answere before the king Secondly you say that the Papists will haue the prince to execute whatsoeuer they conclude be it good or bad which you will not For you graunt the prince authoritie to set order where there is no lawfull ministery and to stay vnlawfull decrees of lawfull ministers As if the 8 Hard. confus apol p. 304. 317. Papists did not grant as much or as if Papists held that the princes were to execute wicked decrees Againe it is euident that you would haue all men to stand to the 9 Admonit determination of your synodes And albeit your synodes doe decree bad things yet you wil not giue princes authoritie to iudge them How then can they stay them will you giue them extraordinary authoritie that is your meaning But how shall wee know when they worke by ordinary when by extraordinary authoritie Beside that you deny this extraordinary authoritie as long as there is a lawfull ministery And albeit your doings be vnlawfull yet you will not be stayed by the prince Thirdly you 10 2. p. 164. affirme that you do not vtterly seclude the prince from your Churchassemblies for oftentimes a simple man and as the prouerbe saith a gardner hath spoken to purpose