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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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he cōpareth to dogs gheese the ministery of England he calleth rouing his aduersaries learned workes he calleth dung the Bishops he calleth Popish antichristian Me he doth charge with vnchristian and immodest dealing suffreth his friend in the preface to cry out with full mouth against me Infinite are his flowers in this kind which I doubt not in euery mās accompt are odious yet should I do him wrong to call it ignorant the man hauing so good skill and so excellent a veine herein onely let him not vse it to much nor bragge of it For the more skill he sheweth herein the lesse commendation he shall deserue odious railing and Christian discretion hardly meete together in one man But let vs proceede to the rest M. Cartwrights answere being charged not to haue refused the execution of his brother Stubbes his will I was not saith he so much as 1 That argueth your euil deserts towards him named in my brothers will and to put of M. Sutcliffes shift of answer he hath made to excuse himselfe in his latter booke that by the word of last will he 1 Set downe my words and they will conuince you of vntrueth would vnderstand any conueyance lately made before his death wherein trust was committed vnto mee I answere that my brother Stubbes did neuer either long before or soone 2 How could hee commit trust being dead after his death put me in trust with any of his 3 How happeneth it then he so soone resigned the things morgaged worldly estate either by word or writing 4 But there percase was Neither is there as M. Sutcliffe surmiseth any vnkindnesse of my brothers towards me in not putting me in trust which would not that way bee employed or my vnkindenesse towards him who trusted him with my whole estate that way And that my brothers wife and kinred rested not satisfied with my dealing 5 Neither as your bad conscience testtfieth either is an vntruth of M Sutchffes or a most causelesse complaint of their behalfe For where in regard of my wifes portion of two hundred pounds I had an annuitie in fee simple for default of payment whereof after his death besides th'annuitie and arrerages I had a lease of anhundreth jeeres 6 This either was in trust or else intollerable vsury granted me of certeine pastures to the yeerely value of sixe pounds by estimation for a pepercorne onely I was content to the end the lands might be 7 What became of your annuitie then sold for the satisfying of my brothers 8 Were you none of them creditors freely and for nought to release my interest in that lease which the lawe for want of payment of th' annuitie did euidently cast vpō me Also to yeeld vp mine annuitie for the 9 A great matter vnlesse the annuitie were as it were a cloake for vsury and therefore great same summe of money I had paid to my brother without both which my brothers land would haue found no conuenient sale for the paiment of his creditors vntill this day And of my dealing herein I take 10 They knew not all witnesse S. Robert Germin of Suffolke M. Atkins and M. Tindall of Lincolnes Inne who were in deede the men my brother trusted with his worldly estate and who in my iudgment acquited the trust my brother reposed in them accordingly Matth. Sutcliffe I will not deny but there might be some mistaking in him that brought mee this report of M. Cartwrights dealing in the execution of M. Stubbes his will for as M. Cartwright affirmeth and by perusing his will I finde his brother did not so farre trust him But assuredly my purpose was not to wrong him neither to my knowledge haue I done it were all true that M. Cartwr saith which not withstanding I am not bound to beleeue For I do not 1 Answere to the petit p. 8. 9. say as M. Cartwright vntruly affirmeth that he was content to be executour to his brothers Stubbēs his will but that he refused not the execution of his will And that was not onely reported to me but beleeued for that common humanitie and the office of a kinsman and brother required it at his handes and for that in truth M. Cartwright confesleth that there were dealings that passed betwixt him and his brother in trust But bee it that he was either not so greedy as to desire or so inhumane and vnkinde as to refuse in part to execute his brothers will going in his countreys seruice and hauing none neerer to him then M. Cartwright what slander is this Is it a dishonest part to execute his brothers will nay it is a rude and inhumane part to refuse to do it But may not ministers deale therein yes and as honest men as M. Cartwright too neither doth Cyprians case concerne our times Why then should this bee a slander forsooth percase because he hath taught that ministers may not be excutors of willes nor deale in ciuil causes and therfore he would be loth to deale in matters of willes Why then doth he deale in ciuil causes why doth he deale in leases in money in lands and all those things that executors deale in why is he still master of an Hospitall and if to charge him in this bee no slander sure no slander it is to charge him in the other Vntruth it may bee but certes no slander What then if neither it be vntrueth nor slander hath M. Cartwright any cause to complaine assuredly for ought M. Cartwright hath said as yet there is not any vntruth in any words to be found For if so be M. Stubbes did neuer offer it nor name M. Cartwright his executor then true it is which I say that he refused it not And why because it was neuer either offered or meant But because indeed I supposed there had bene some intendement in M. Stubbes to put trust in him it shall bee shewed that in that sence he hath not refuted my words He saith first that he was not named in his brothers will Admit it were so yet diuers doe administer goods that are not named in the testators will those especially that haue trust put in them Beside that he doth not deny but he might be named in the scedule mentioned in the will and which is a part of the same Thirdly he confesseth that he yeelded vp a lease worth 6. pound yeerely aboue all reprise for nothing and his annuitie for the summe his brother had of him which declareth that this was a matter of trust for I doe not beleeue that M. Cartwright was so tender hearted as to giue a way his things for litle or nothing Fourthly why should mistresse Stubbes her friends complaine of M. Cartwright if nothing was put to his trust that her complaint should be causelesse is ridiculous that she complained his conscience well knoweth and it shall be verified if he will but seeing he will
such fellowes or so lewd as to say that hee should be conuented or committed An other question is likewise demaunded Quest 22 whether ordinaries haue not contriued promulgated and published articles hee meaneth orders in their owne name without her Maiesties assent yet I doubt whether he wil stand to affirme so much He asketh whether Ecclesiasticall Iudges are not in the Praemunire Quest 27. 34. yet dare he not auouch it Like wise the distracted Abstractor doth frame many odious interrogatories which albeit he be as they say a mad felow yet he will not affirme neither I hope wil M. Cartwright make affirmations of them Hee asketh whether the Bishops haue not made vnle arned and criminous ministers and suffered them to continue all her Maiesties reigne And whether the Archbishop haue not dispensed contrary to Gods word and may exercise absolute authoritie and whether the Archbishop being an excommunicate and simoniacall person may resort to the Pope for absolution Yet I thinke the man hath more shame and modestie then to affirme any such matter Is it not then a matter very ridiculous that M. Cartwright will haue questions to be affirmations Beside that it is very dangerous to his faction that hath moued so many dangerous questions but to affirme that a question doth more strongly auow then an affirmation as doth M. Cartwr is most strange and absurd Neither doe I so reason against the petitioner as if euery word of his questions were by him auerred and affirmed but first because his questions are for the most part grounded vpon matters of Law of which euery one is to take notice Next for that he doth not onely make a question but also declare his owne opinion As for example one of his questions is this Quaere of Matth Quest 10 Sutcliffe c. why M. Cartwright may not sell the lands he had from his father and buy other with the money as well as some of the Bishops who by bribery simony extortion racking of rents wasting of woods and such like stratagemes waxe rich and purchase great Lordships for their posteritie Beside this in other places he hath fufficiently declared his meaning as for my case it is quite contrary I speake of matters of fact wherein I am ignorant and desire to be resolued and yet M. Cartwright will do me no fauour and disdeineth out of his high throne of the eldership to speake to me a poore Christian desirous to learne of his worship Well therefore doth hee to adde that sometime a question doth more strongly auow then an affirmation for it is some what to much to say that it doth so at all times and not true that it doth so at any time But were it true yet should he winne nothing but discredit to reason thus of particulars for although sometime M. Cartwright doth say wel yet he doth not so alwayes But suppose that indeed I had signified that M. Cart had purchased lands and bought leases more in value then 3. or 4. good lordships yet should it be no slander and that first because it is true and next because it is no dishonestie to purchase or prouide by honest courses for his wife and children The first appeareth by these particulers he confesseth that he hath bought the mannor of Saxemundeham the moity whereof is worth about 30. li. yeerely now hee knoweth there be diuers mannors that are not 5. li. rent Secondly he cannot deny but he with one Fludde had two leases of M. Morgan worth 200. markes as both M. Fludde and M. Morgan and others wil iustifie He had also his brothers lands tied for his annuitie which since that he hath sold as is said for a great summe Let him therefore tell vs what he hath done with his money and al that he hath gotten since for either must it be employed in lands or leases or some trade or els at vse but this he denseth and I thinke he vseth no trade and therfore that remaineth Beside that M. Cartwright hath large contributions and gifts and cannot chuse but win well by his Hospitall What is then become of all he hath gotten Hath he spent it in almes he is none of those that meaneth to merit by almes deeds Hath he spent it in hospitalitie nay he cōmonly feedeth at other mens trenchers Doth he spend it in seruants he keepeth few or none and that the rather to moue men to giue largely His apparell is not costly At London he spendeth nothing in Innes What then remaineth but that his money should goe to encrease his reuenues for I know none so vncharitable as to thinke that he hideth his talents in a napkin But saith he he hath gained litle by the Hospitall saue trauel and charge for the Hospitall oweth him fourtie markes as if it were not an easie matter to gaine well and by clayming large allowances when he spent litle to make the Hospitall indebted to him Againe he saith that he hath sold away the two leases in Welborne and his annuitie as if so be he had not money for them and I trust his conscience would not suffer him to be a looser by them For hauing payd 420. li. for Morgans leases he and his felow had 600. pound againe a small gaine when you deale with men of good cleane consciences Further he saith that he hath no lands in Norfolke nor Warwikshire yet in the section next before hee confesseth that hee had lands of his brother Stubbes bound for his annuitie and who wil beleeue but that he hath employed the money that came of the annuitie and leases that he solde or els hath some others to do it for him either to his owne vse or to his wiues or childrens vses and all this albeit I desire not to bee acquainted with his estate I haue by certeine intelligence vnderstood M. Cartwright saith that in a certeme booke he knoweth not where I promise to bee a surueyor or auditor of his and others lands but vnlesse he can shew the place we must record it as vntruth And in the meane while we take him for a man that speaketh he knoweth not what and that is written he remembreth not where By this which is confessed and I haue learned it appeareth that if I had said that his reuenues are more then some 3. or 4. Lordships yet the vntrueth had not bene such as is pretended for you see what is confessed and what is more euery man may coniecture But in deede I doe not say so much but doubting of the matter because of the vncerteintie of mens reports I only asked the question wondering in deede how of so litle beginnings he could arise to such wealth and not beleeuing that such a simple ferme as Waddon is and the fermes are in that countrey albeit the number of acres were so great as he affirmeth and I doe not beleeue and which I doubt not was spentmost during his abode in Cambridge and in his trauel could be sold for