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A13156 An ansvvere to a certaine libel supplicatorie, or rather diffamatory and also to certaine calumnious articles, and interrogatories, both printed and scattered in secret corners, to the slaunder of the ecclesiasticall state, and put forth vnder the name and title of a petition directed to her Maiestie: vvherein not onely the friuolous discourse of the petitioner is refuted, but also the accusation against the disciplinarians his clyents iustified, and the slaunderous cauils at the present gouernement disciphred by Mathew Sutcliffe. Sutcliffe, Matthew, 1550?-1629. 1592 (1592) STC 23450; ESTC S117875 163,829 254

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of the belfray take a rope for his paynes Hee belyeth Doctor Bridges shamefully for hee maketh him to say that a Priest may haue a moderate lordly iurisdiction ouer all the Lordes allotment where in trueth hee doeth not so much as mention Lordly iurisdiction but superioritie and that ouer the Cleargie in seuerall Congregations and not in the whole Church Therefore let him make proofe how this superioritie or maintayning of Churchliuings in their proper state can bee drawen to prooue that such as defende the state diffame the Queene or seeeke to mooue insurrection If not let him remember that both hee forgeth and runneth from his purpose like a babbling discourser wandring in a sea of wordes without compasse of style or discretion Likewise hee fableth that Doctor Bancroft writeth that her Maiestie is a petie Pope which is a gracelesse or shamelesse assertion or both for who woulde not bee ashamed but these swelling mindes that thinke they may speake what they list to ascribe that to Master Bancroft that hee reprehendeth in Martin His wordes are playne his minor 1 Pag. 68. saith he meaning Martin viz. that her Maiestie is a pety Pope may thus bee prooued If the Libeller holde on this course of lying hee will prooue many strange and wonderous matters especially among the Disciplinarians whose consistories is built on lyes But if they diffame her Maiestie that holde her to be a pety Pope as the Libeller by many great wordes and vnnecessary proofes in a matter confessed auoweth then is Martin and his partakers felonious diffamers of her Maiestie for hee holdeth that whosoeuer taketh on him the authoritie in causes ecclesiasticall which the Pope had is a petie Pope as before is sayde But that authority the whole parliament giueth to her Maiestie May it therefore please the Libeller to barke against the Parliament or els against Martin Against Master Bancroft that neyther thought it nor wrote it nor spake it but reprehendeth it in the person of Martin there is no cause for him to declayme all this Libelling notwithstanding the petitioner calleth his consortes our brethren but if his brotherhood consist in such scurrilous rayling let him seeke other brethren The brotherhood and felloship of Christians is knowen by loue The badge of puritanisme is vnnaturall and vnkinde and vnbrotherly dealing And therefore I doubt whether they be brethren or no both considering their hereticall opinions and also their vncharitable and vnchristian rayling And yet I say notwitstanding all this vnnaturall dealing that the bishops so much as they might yea too too much haue dealt remissely against such contumatious and worthlesse disturbers of the Church And that not for any thing which appeareth in this accusers wtitings wherein they see nothing but velliacry and presumption and vanitie but in respect of their owne milde natures Christian affection and desire of peace which these fellowes scorned In the ende hee concludeth that considering the doubtfulnesse of these controuersies hee trusteth her Maiestie will take some good order for the peaceable debating of them hauing I say reuelde at full both against ecclesiasticall and ciuill iurisdiction and that before so mightie a prince whose presence he ought more to haue reuerenced hauing also at such time as hee was to speake to her Maiestie talked against all decorum with by standers yea with those that were absent nowe as it were before his death he commeth home to himselfe and prayeth her Maiestie to take some good course for the peaceable ordering of these controuersies as if all her former lawes all her care all her proceedings were not to bee valued in one haire And as if rayling and accusing deserued fauour or his dispute credite or his insolencie pardon I doubt not buther Maiestie of her wisedome seeth the impudencie of the man the weakenesse of the cause the wrong done to others but especially to her selfe her gouernement and her lawes-that others may see it I haue lightly framed this answere lest the foole should enter into conceipt of his wit and others be abused by his malice not in many words for what should I stand about that wherin is nothing but pride ignorance and choller Now because by alledging their opinions he would make the world beleeue that his clients are slandered I wil shew that he 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 smootheth some things that are hard and concealeth many things that are worse and therefore that he and his clients are to be taken as they are The words I haue set downe and by them my answere reade with iudgement iudge with equity shewe equity to trueth Obseruations vpon certaine opinions commonly holden by the puritanes and collected by the said author of the petition with answeres to their petitions and desires ioyned with the foresaid opinions The words of the petitioner TO the end it may appeare how vniustly the seekers of reformation are slandered by the bishops Petitioner and others I haue thought good briefly truly to deliuer the opinions of such as sue for reformation which I haue gathered out of their bookes and seene in their practise and heard in conference which I had with them Neither hath the man deliuered his consorts opinions truly Answere nor was it sufficient if hee had meant to cleare them from slander to deliuer some part of their opinions vnlesse he had also deliuered their whole doctrine concerning their consistoriall discipline for what excuse may it bee for an here-tike to beleeue well in some poyntes or for leude men to doe something well But this generall doctrine of theirs neyther doth he nor durst hee deliuer it was somewhat too hoat and sawcie The soueraigntie of the aldermen in making lawes iudging and excommunicating princes dissoluing the lawes of the land taking away her Maiesties prerogatiue in pardoning offences and depriuing her of the argument she hath to shewe her clemencie in in diminishing her reuenues hee concealeth Neither doth hee reueale vnto vs those mysticall rules whereby the consistoriall faction doth ouerthrowe the parliament the apologie and fayth of this Church the Vniuersities and many priuate mens interest Likewise hath he passed ouer in goodly glosing wordes and not once mentioned other dangerous poynts That therefore which hee wanteth to the intent that wee may haue a perfect draught of the alestond of this newe brewed discipline I purpose to set down and to declare vnto you both their doctrine and their practise So that you may perceiue that they are vainely tearmed seekers and sewers for reformation And that the cause wee defende is not the cause of bishops whom we leaue to defend their doings themselues but the cause of God of religion of our countrey of the prince of learning of the whole ministerie against factious mates and heretical schismatikes and enemies of the ministery learning that in these dangerous times go about to make an vproare in their countrey and a spoyle of the rewards of learning If then that which is best in
recreate my selfe with this more easie labour and to answere their cauils at our proceedings in law together with such authorities as they bring for the proofe of their consistorie to the finall discouerie of their vnbrideled malice that all seeing the nakednesse of their cause may ioyne together to extirpate the reliques of those that haue bene causers of these stirres Against this my purpose I doe vnderstand that diuers exceptions are taken First those that fauour the consistoriall discipline doe say I withstand a noble worke of reformation and therefore cannot like of my doings but vnto these this whole treatise shall make answere for thereby it shall appeare that their whole course tendeth rather to confusion and disorder of Church and state then to reformation of eyther and therefore seeing they doe declare themselues open enemies both vnto the present state and to me in this cause I doe not regard what they like or dislike no doubt but that open enemies will like that best which for the State is worst and greatly prayse that which tendeth to the hurt thereof Others there are that condemne all those discourses that are written of both sides concerning this argument which albeit they would seeme to be friendes yet in deede are enemies as well as the other For no more is he an enemie that oppugneth vs in plaine fielde then hee that trecherously seeketh to discourage such as are forwarde in mainteining the State at home and albeit they would colour their malice with pretence of detestation of contention among friendes yet doe they vs wrong to accompt them that oppugne the state friendes or attribute the cause of contention to vs that onely defend the State against contentious and malcontent persons such as would ruinate the same for not those that defend but those that begin the braule are contentious Were it not thinke you a ridiculous thing for a man to say that valiant men that fight for their countrey are contentious and a poynt of trecherie to discourage them why then should not the like bee thought of those that condemne them that write in defence of the present gouernment of religion and learning in like degree as if they had writ against the same These men are sorie that any should stop the breach against such as seeke to enter to make spoyle and therefore as secret enemies or weake persons that neither vnderstand matters of State nor reason are to be contemned if not reproued A last sort there is that percase mislike the sharpenesse of my stile but they must consider that in this discourse I deale not against men of learning or grauitie or such as desire to learne or finde out trueth but against ignorant wilfull and seditious Libellers that seeke partly by falshood and partly by disgrace of some bad persons vnworthy of their places to discredite the whole ecclesiastical state against whom no sharpenesse of stile can be sufficient but I did respect rather what became me to speake then what they deserued to heare This discourse I present to your Lordship a man well acquainted with the humors of the men and weakenesse of their cause a Iudge most skilfull in law Vnto whom should wee seeke for resolution in law and redresse of wrong rather then to him that beareth so honourable a charge in matters of Iustice vnder your name I would it should come to the handes and viewe of all other reuerend Iudges learned Lawyers and well affected subiectes Wee desire nothing more then that matters may bee examined according to iustice and doubt not but if that may be obtayned that the controuersie will bee ended and the calumnious mouthes of factious persons stopped for seeing the platformers haue neither support of trueth nor law what man will doubt but that they are to be repressed aswell by Iustice as by disputation and discourse That is the meanes to ende all our complaynts the remedie of our common griefes if the perturbers of our State at home were first calmed I would not doubt but forrein aduersaries would soone be danted and the mindes of friendes vnited to the ioy of all that loue the trueth of Gods religion and seeke the long continuance of her Maiesties peaceable reigne and the florishing state of the Church Accept therefore I beseech you my good Lord this my good will which I testifie vnto you in this Treatise Due it is to you being so forwarde and vpright in matters of Iustice and was expected at my handes being specially touched in the petition which I answere I make your Lordship and all the learned yea all indifferent men iudges Iudge therefore according to iustice and trueth There is no reason I should require fauour in this cause further then my simple skill and vnsufficient handling of matters for want of time and being oppressed with other businesse shall require fauour The Lord send peace to his Church and heape vpon you and all others that loue his trueth all heauenly graces that by your meanes enioying the benefites of true religion iustice and peace wee may consent in one trueth and ioyntly in his holy Church glorifie Christ Iesus the Prince of peace In London the 20 of December Your Lordships in all duetie and heartie affection MATHEVV SVTCLIFFE The Preface wherein both the argument of the discourse ensuing is deliuered and certaine generall faults of the petition touched I Had once well hoped that eyther the authoritie of the Magistrate could haue commanded or the terrour of the common enemie that so violently doth assayle the whole Church at this time would haue enforced the contentious to make an ende of their braules and if neither reuerence of superiors nor respect of common profit could put them to silence yet did I imagine seeing they haue nothing to say that discretion and common sense would make them to hold their peace how much my expectation was deceiued this petition which I haue here vndertaken to answere doth declare for without respect to lawes or common profite yea or common reason the author thereof hath put forth himselfe to speake a man as you shal see without reuerence to superiours or conscience in reporting of lawes or iudgementin matters diuine or humane and most vnable to speake or write in this or other argument To goe no further this his petition shall make proofe of my words for neither is there art in his stile nor witte or sharpenesse in his arguments nor is there any decencie obserued in the discourse nor doth the treatise agree with the title nor the parts thereof with themselues the stile is like Iohn Bels song of Couentrie the sentences hang together like lenten deames first he kneeleth on his knee then asketh pardon afterward telleth of all good subiects how they desire peace and yet notwithstanding he telleth of many that increase contention then he talketh of writing of bookes of generall counsels and a newe kind of disputing by writing matters that neyther haue coherence among themselues
by Fitzherbert For otherwise that writte should be contrarie to infinite other lawes Vpon this error what maruell is it if Crompton a man of no iudgement hath bene deceaued seeing Fitzherbert hath also mistaken such matters Neither is it maruell that lawyers speaking for their clyents doe speake otherwise then lawe For neuer before this time was it heard that the pleading of lawyers shoulde be accounted to be lawe further then they bring lawe and reason out of lawe To make a somme therefore of these matters Master Cooke who now for his manifolde good partes is made her maiesties Solicitor shall yeelde no thankes to this Libeller for bringing his name in question to bee a fauourer of malcontentes and an enemie to the Ecclesiasticall state Neither shall any credite you hereafter for this your notorious belying the Iudges For it is well knowen that the Iudges haue resolutely both condemned the disloyall practises of this sorte of men and also allowed the proceedings of the Ecclesiasticall courtes Nor shall any allowe your malice that with false reportes goe about to enkindle a dislyking among Iudges And therefore vnlesse you set downe the state of the controuersie better and reason more sufficiently both your selfe as an ignorant Put-case and your cause as repugnant to lawe will be condemned Quaere Putcase Quaest 26. if the high Commissioners for Ecclesiasticall causes may cite men Ex officio to accuse themselues in matters neither Testamentarie nor Matrimoniall and may committe the Queenes subiectes to prison especially for refusing to take the othe And whether they ought not to take bayle and whether the writte De homine replegiando doeth not lye in that case Item what satisfaction Doctor Coosin Doctor Stanhoppe and Doctor Bancrofte will make to those that are so wrongfully imprisoned Item whether for that matter they may keepe men in prison without calling them to answere and finally whether they deserue not like punishment therefore themselues Here is great noyse Answere little wooll many wordes little witte much malice little or no reason For the high Commissioners they bee many of them men of great honor and such as will doe no wrong to any nor will proceede without sufficient warrant If they haue passed the limites of their Commission why is not remedie of lawe sought For satisfaction to these doughtie demaundes I aunswere First that no man is called to accuse himselfe but to aunswere accusations obiected by others Secondly that they haue power to call offenders before them and to examine them and that their iurisdiction were vaine if they might not punish the contumacious Thirdly that if such as are committed to prison for contempt might be bayled there were then no meanes to punish a contempt and that offenders put in prison for contempt are not baylable Fourthly that the writte De homine replegiando is not in this case grauntable as all lawyers can tell him Fiftly that they may deale in many causes besides Matrimoniall and Testamentarie Sixtly that the learned men there mentioned haue great wrong to bee thus contumeliously abused by this libeller they hauing done wrong to no man Seuenthly that men committed for disobedience are not to bee released but vpon their conformitie And finally that such libellers as take vpon them to raile at Iudges and to oppugne lawful proceedings are to haue their mouthes muzzeled vp and their malice repressed Quaere Whether any Ecclesiasticall Iudge hath conuented Putcase Quest 27. examined and committed any for matters felonious touching the Queenes crowne and dignitie And whether these practises doe not instanter instantius and instantissimè craue the Praemunire That his companions are in case of Praemunire Answere it is out of question for that they haue contrarie to the prerogatiue of the crowne brought in forreine lawes and forreine iurisdiction of more then papall Elders and made diuers Ecclesiasticall constitutions contrarie to the lawes of the realme Nay it were to be wished that they had onely offended against the statute of Prouisors But their deniall of the supremacie is a further point What then doeth that craue Let him speake in his Proctors stile It craueth consideration and the perturbers of the state craue a wiser Proctor As for Ecclesiasticall Iudges it is well knowen that they doe not deale in matters of felonie their actes are cleare if any man doubt they will refolue him Quaere Putcase Quest 28. whether any may bee imprisoned without warrant of law c. Can this libeller shew any warrant Answere he hath to accuse men vniustly If not why doeth he proceede in accusing and is so slowe in prouing If any be imprisoned vnlawfully the lawe is open Neither needeth he to tell vs of Sir Iohn Markeham in this case For that which Sir Iohn Markeham saith we acknowledge for it maketh nothing for the libellers cause Quaere Putcase Quest 29. whether it be not lesse danger to blaspheme the name of God then to speake against a Lord Bishop And whether moe Ministers haue not bene depriued within this seuen yeeres for ceremonies of men then for dronkennesse whoredome c. If it were so dangerous to speake against bishops Answere as this fellow pretendeth they would not be so reuiled nor reuelled at by such reuellers as this The cōparison which he maketh is odious Moe be punished for abusing the Consistorie then for abusing the name of God more doe these consistorials striue about the authoritie of their seate then about Gods honor But what then because some of them offend will they haue all Consistories abolished And therefore let him cease to talke of Bishops and looke bakeward home to the Consistorie that it be well swept and garnished To the second I answere that none are depriued for ceremonies but such as be rebellious against lawes and with no admonitions will be reformed which contumacie is a most odious crime and further I say that the offences which come to the cognition of ecclesiasticall Iudges are as strictlie there dealt withall as in any other of her Maiesties courtes Quaere Putcase Quest 30. why the Ministers may not refuse to weare a Surplesse as a Bishop to vse a Pastorall staffe Because the one is commaunded by Lawe Answere the other is not The Rubrike whereby they would proue the Pastorall staffe concerneth onely orders and ornaments to bee vsed in Sacraments and seruice of the Church and none other matters but suppose both were commaunded yet is it no plea for offenders to say because Iudges offende in some things that they may offende in others which is the course of these men Belike these are the times wherein offenders cal Iudges to answere and felons giue sentence against their superiours Quaere whether seekers of reformation suffer for religion Putcase Quest 31. and conscience in matters of discipline seeing their life is offered them by bishops if they will recant their opinion And whether the Popishbishops persecuted any that differed