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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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case the synode should determine that he should pay some part whether godly brethren or prophane men should first be payd or else for auoyding of controuersie none at all 91 Quaere of Iohn Penry whether if Moses lawes haue such continuance as they holde in this newe kingdome a bastard that is excluded out of the sanctuarie may notwithstanding intrude without calling into the ministery 92 Quaere of those that make braggs of T. Cartw. great worke against the Rhemists whether there be not many points therein conteined contrary to all the fathers to the faith of this church and all good Diuinitie and why if all bee cleare with him he dare not suffer the same to abide the censures of lerned men and lastly why any should wonder that such thinges should not bee published considering what dangerous effectes doe followe printing of hereticall and schismaticall bookes 93 Quaere if a certaine consistoriall president at Middleburg when a marchant did pursue a certaine seruant of his in lawe for wasting his goods did not threaten to excommunicate him if hee would not desist his pursute and let fall his action and whether the consistory may serue for a sanctuanie for bad men and bankruptes if they professe reformation and whether this maner of discipline dissolue not ciuill contractes and hinder iustice 94 Quaere whether that the Church-aldermen doe not sometimes meddle in domesticall matters betwixt man and wife and hinder the fathers correction of his seruantes or children whether this be not a way to dissolue the bonds of nature that giueth authoritie in this case and whether the discipline that vseth this practise bee not vnciuill and vnnaturall To conclude Quaere if the Put-case had not done his clyents and their cause more good by silence then by this weake and calumnious speaking It were an easie matter to frame infinite Questions of like sort but these may suffice to let the Libeller see his owne folie in charging others when himselfe and his fellowes lye so open besides that I would not weary thee nor disfurnish my selfe of new matter against the next encounter let him article and play the Put-case as oft as hee will hee must not thinke hee shall walke vp and downe without answere or controulment in the meane while Pag. 83. because he appealeth to iudges and craueth iustice to them wee are also content to submit our cause and doe also instantly craue iustice iudge we beseech you all to whom the execution of iustice is committed whether it bee fitting that such as declame against the ancient gouernment of the Church euer knowen to bee in the Church since Christes time against the authority and preheminence of her Maiestie against the lawes of the realme against the proceedings of Iudges and take on them to controll and reuerse the sentences of iudges and seeke the trouble of the realme and maintenance of leud factions destitute of all ground and speake for a gouernement neuer heard of but of late nor that hath confirmation of scriptures or fathers iudge I say whether such intollerable pride arrogancie and disloyalty and those that defend these trecherous dealings and opinions in bookes printed in corners and without names are longer to bee suffered the inconueniences that may growe of these courses I neede not to declare vnto you that are men of iudgement and experience the weakenesse of their cause I haue sufficiently declared Why shoulde you doubt to doe iustice in so cleare a cause and against such factious persons For their doings haue no defence nor their doctrine support beside the bare opinions of Caluin Beza their followers they haue not so much as any groūd of reason no scripture no father no history no law nor example of good gouernmēt nay they haue both scriptures fathers histories lawe and reason against them most euidently and clearely and therfore I say againe let iustice be done if any of the ecclesiastical state haue done against law let them bee punished let not religion and learning suffer for the sinnes of particulars the innocent let them not be disgraced for others offences nor let malice and faction and sacriledge preuayle against lawe and gouernement that which is now their case may be likewise yours if you respect not the cause of men yet consider that it is the cause of religion learning and gouernment and so proceed as you may declare your selues to be men carefull of the aduancement of religion and learning and the maintenance of a peaceable gouernment and God so belsse you as you shew your selues studious of religion learning peace and iustice ❧ An Aduertisement to the Reader WHereas in the former discourse somewhat hath bene said in answere of the Petitioners lewd calumniations concerning the triall of Iohn Vdal and the iudgement not long since pronounced against him which he pretendeth to be disorderlie and iniurious it may be that such as list to cauill at such things as they mislike will take exceptions against the same as if I meant to abase the high authoritie of Iudges or make the proceedings of the highest courtes of Iustice an argument for the rude populasse to dispute of or to subiect the ordinarie trials of law to the controlment or at least canuases of priuate persons Least any should either in this behalfe except against me or enter into any such conceit of me I thought good expresly here to aduertise thee that both my words and meaning are contrary Concerning matters of common Iustice betwixt partie and partie I know that no iudgement is reuersed but by writ of errour and that in matters concerning the Crowne the verdicts of Iurors and sentences of Iudges for the Queene are finall and that the lawe doeth intend that Iudges and Iurors will proceede with that indifferencie and equitie that it will not haue their doings controlled nor examined by priuate persons Neither is it any part of my meaning to call any law in question or controll the doings of so honourable persons as in that fact sate Iudges Nay this is the thing which I doe so much reprehend in the Petitioner and his faction that most saucilie and arrogantly they take vpon them to examine the doings of Princes the actes of Parliament the sentences of Iudges the verdicts of Iuries and all recordes of Iustice Neither is there any companion among them so base but he taketh to himselfe libertie to censure and controll Princes Parliaments Iudges Lawes yea whatsoeuer and whomsoeuer Among others the author of the Petition hath behaued himselfe as presumptuouslie and proudly as the best Ignorance belike maketh him bolde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rather for that it is ioyned with impudencie What through presumption and what through impudencie he hath taken vpon him contrary to the Iurors verdict and Iudges sentence to prooue that Vdall offended not against that statute of 23. Eliz. cap. 2. whereupon he was condemned This notorious impudencie and presumption I thought good to lay open before mens
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