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A09291 Th'appellation of Iohn Penri, vnto the highe court of Parliament from the bad and iniurious dealing of th'Archb. of Canterb. & other his colleagues of the high commission: wherin the complainant, humbly submitting himselfe and his cause vnto the determination of this honorable assembly: craueth nothing els, but either release from trouble and persecution, or just tryall.; Appellation of John Penri, unto the highe court of Parliament. Penry, John, 1559-1593. 1589 (1589) STC 19602; ESTC S101168 33,056 58

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nor just trial at their hands I can hope for nether of these from them For they haue wholly vowed them selues with all their might and maine to slaunder assaile resist and hinder the cause of Gods honor the saluation of his church in the defence whereof farbeit but I should spend my bloud as by the grace of God I will when I am thereunto necessarily called wherefore except ether mine aduersaries which I hartily wish would leaue the smothering of the trueth and the vnjust defence of their intollerable corruptions or that I should surcease which I trust shal neuer come to passe mine indeuours to haue the Gospel planted in my country and the house of God cleansed from pollution I can look for nothing else but al extremities at their hands Heereby also it is manifest that these men wil be so far from graunting me either any release from their tirannous Persecution or yet equity of judgment as they cannot possibly yeeld either of the twoe without the dangerous inpairing of their own state My course by the assistance of God I meane not to alter The cause of my poore country I mean to respect as long as I liue and neuer meane to giue ouer the discouering of those wicked men who in this cleare light of the Gospel detaine the trueth in vnrighteousnes If I may haue rather if Christ Iesus may haue justice against them I haue lately prooued vnto you that not one of these men I meane Lord bishops and whosoeuer depend vppon them ought to be maintained within these domminions Nowe seeing both the obtaining and also the solliciting of this suite must needs be joyned with the impairing of the Archbishop of Canterburies estate the rest in commission with him who sitt in these vnlawful chaires of Lord bishops or any wise depend vppon them how can they without their owne irrecouerable losse administer justice or graunt quietnes vnto me Doe they meane to yeeld vnto the knowne trueth and to giue ouer their places Why then am I molested by them Doe they meane to be stil the men which hytherto they haue bene that is enemies vnto Christs holy discipline and gouernement Then cannot they possibly affoard me any vpright triall For if they should the church of God would be soone disburdened of them And in wisedom they cannot let me go on quietly in my course for the more the trueth is opened the neerer are they to their fall My cause being thus what may be saide of the parliament if I be not releeued by your meanes in my most equal most reasonable and most christian suite Yea but seeing mine aduersaries are so mighty as they are knowne to be and this suite so vnl●kely to preuaile against them in our dayes were it not better forme to let them runn on in their wickednes then thus to striue to mine owne hinderance and extreame peril in a gainlesse enterprise And what calling haue I to deale in this cause That is it I knowe that the Diuel would haue euen to be lett alone and permitted quietly to cary all before him at his owne pleasure without any controlement As though the stones of the street had not a sufficient calling to gainsay the wickednesse of men when the seruants of God are tongtied And either it must be said that sinne at some age and time hath a commission to goe vncontroled or that the meanest in Gods church may speake in the behalfe of Gods honor when other men are silent at the treading thereof vnder foote The general desolution then and the oppression of Gods church in my country joyned with the deepe silence of all other men doe make it lawful and warrantable for me to seeke the ouerthrowe of Sathans kingdome not withstanding that I acknowledg my selfe euery way vnfit for so greate aworke And if it should please the Lord to stir vp any of place and guifts to deale in the cause I would soone set my hand vppon my mouth and be silent But I hope that the Archbishop and his bretheren are not growne to that passe as they will take the liberty to continue in vnlawful callings and to molest those that gainsay the badd course because they see not what calling any one man can haue to finde fault with their proceedings And I hope that you of the parliament considering the equity of my suit wil vonchsafe me the hearing in so reasonable a petition Consider the matter which way you wil and you shal find mine Appellation on all parts to be just but especially in regard of the proceedings of mine aduersaries The consideration whereof is not to be ouerpassed by the parliament if any portion of the equitie and justice sometimes florishing in that assembly benowd therein remaining Their vnlawful proceedings appeare first in that they assume vnto them selues the hearing of those causes wherein by vertue of their cōmission they haue no warrant to deale whereat the parliament cannot winke vnlesse they would suffer an Anarchie to take roote in our state This they doe in a double sort For first as before hath bene set downe they lay treason to my charge and therefore send for me by their pursiuants What hath the high commission to doe with men suspected of treason Is the place at Lambeth now become the palor where traitors should be araigned The Archbishop of Canterbury the bishops of London Winchester Doctor Cosin c. nowe become judges in those causes Whether they incurr not the danger of lawe by entering into such matters as are not within the compasse of their commission you of this honorable assembly are best able to judge The trueth is that the Archbishop his associates when I was examined before them in the 29. yeare of her maiesties raigne enforced me to cleare my selfe vppon mine oath of the treason which they gaue out to be contained in the 40. page of my booke at that time written vnto the parliament Tollerate this course and what parloure or chamber may there be so priuate wherein the Archbishop and his assistants wil not arraigne their seditious traitors as they faulsay account them Secondly they presume to determine of those suites the hearing whereof are referred vnto the higher courts and ought not to be vsurped vppon by inferiors vntil the higher councels haue declared that they will not determine of them In this point I had triall of their dealing the last parliament At which time they presumed contrary vnto right and lawful custome and to the infringing of the auncient liberties of this noble house to arrogate vnto them selues the determining and finall ending of that suite wherein I moued the parliament and not the high comission And they wrongfully imprisoned me in the time of the parliament for becomming a suiter even in the cause of God vnto that assembly whereas by the priuiledges of this high counsel I was not to be molested by any during your session but only by your honors vnto whom I became a peticioner
gouernment of Bishops at that time sought for The dislike of the petitiō they did not conceal and therfore presently dispatched their warrants to call in the printed bookes and to enquire for the author The books in nomber about 500. togither with my selfe were fastened vpon by the wardens of the Stacioners M. Bishop and Denham accompanied with Cole the Pursiuaunt wherevpon being caried before the high commissioners I was for enterprising the former action charged by th'Archb owne mouth not onely to be a factious slaunderer of her Majesties gouernment but also to haue published flat treason and heresie in my saide treatise I was threatned very bloodily and reuiled vpon in a most vnchristian sort with earnest protestation that they woondered how I durst sollicite the parliament in that petition See the cursed and outragious prophanenes of these whom the Lorde hath in his just judgement giuen ouer to withstande the mightie power of his word As though the matter were to be astonied at that they should be more forward in hindring the cause of Gods glory then meaner men should be to promote the same If they had beene the true gouernours of Gods Church they woulde haue shewed themselues the most earnest fauorers of that supplication For it is well knowen in what a taking the country of wales is for want of the true knowledge of God And assuredly they who of intended mallice withstood that motion shal one day feele the price and reward of their disobedience vnto their neuer ending woe VVell mine offence in presuming to speake in the cause of God oppugned by my betters was accounted so haynous as in close prison I must be kept 12. daies at the keepers vttermost perill Before my departure from the commission vnderstanding their intent to commit me I demaunded the particuler cause why I was so hardlie dealt with Answere was made that they would examine me againe and then I should know After a moneths imprisonment I was deliuered without anie examination or anye mention of the crimes of heresie and treason wherewith I had bene charged And so vnto this daie I remaine ignorant of anie expressed cause wherefore they either tooke away my books or debarred me of my libertie and readie by the grace of God both to conuince the high commission of most injurious dealing in the premises to cleare my selfe of anie crime they can lay to my charge whensoeuer before you of this honorable assembly or any other equall judgement seat they darebe tried with me Since the time of my release I sawe my selfe bounde in conscience not to giue ouer my former purpose in seeking the good of my countrymen by the rooting out of ignorance and blindnes from among them And as it pleased the lord to increase this my care so haue mine aduersaries augmented their rage and fury towards me and especially to the cause that I maintaine This furye of theirs at diuers times shewed by many of their instruments did especially manifest it selfe on the 29. of Ianuary last At which time one Richard Walton hauing a commission from the Archb. and others wherein all her maiesties officers were chardged and commaunded in her name to assist the sayd VValton to make entry into all houses shops c to apprehend all those whome he should any waies suspect and to commit them at his discretion vnto the next Gaol or prison vntil farther order should be taken with them came into the place of mine aboad at Northampton ransacked my study and tooke away with him all such printed books and written papers as he himself thought good what they were as yet I cannot justly tel And not contented to keepe him self within the immoderate limits of a larger commission then as I thinke can be warranted by lawe he offered violence vnto diuers persons and threatened not only to breake open doores hauing noe such commission but also to vntile houses vnlesse he could find me where in deed I was not At his departure he charged the Maior of the towne who then attended vpon him to apprehend me as a traitor giuing out that he had found in my study both printed bookes and also writings which conteined treason in them Whereas the bookes and writings of geatest disgrace evē in the sight of his master which he could there finde were one printed coppy of the demonstration of discipline and an answere vnto master D. Some in writing both which he caried away with him The treason conteined in either of those books is no other then that which Amasiah the high priest at Bethel found in Amos the prophet euen the cleare words of truth not to be abidden in a corrupt state of a church I graunt Behold nowe my Lordes and you the rest of this high court the original and continuance of these mens enmity towards me And judg whether I haue not greate reason both for mine owne safety and for the clearing of the cause wherein I stand to vse this lawful meanes of Appelation vnto your Hh. and worships from their tirannous and vngodly dealing with whome neither mine owne innocency nor yet the equity of the cause can any whit preuaile They are knowne to be very mighty and haue felt them very vnjust and tiranous The only justice which I can expect from them if I fall into their hands is to be kept languishing in prison during their pleasure and neuer suffered to come to the triall of my cause If I hoped for any other measure I should reason contrary vnto mine owne experience against which no conceite ought to take place In consideration wherof being now by the lords prouidence kept out of theire handes and that in the time of the meeting and assembly of the highest councell of this kingdome I doe in most dutifull humble sort make this my just appelation from the Archb. of Canterbury and the rest of his colleagues in commission vnto you of the honorable and high court of parliament humbly referring my selfe and my cause vnto your determination according vnto justice My only suite and petition is that either I may haue assurance of quietnes and safety or that the causes of my trouble being laide open by mine aduersaries I may receiue condigne punishment of mine offences Where it may be seene that I craue no immunity let me haue justice and that is all I craue This in regard of your places you are bound to affoard me as in the day of judgment you shall answere before him vnto whome no vnrighteousnes is acceptable I doe mine aduersaries no injury in appealing from them vnto you For they may be assured of justice at your hands if they will adueuture to pursue their suite And me they cannot blame in repairing vnto you for judgment and equitie seeing from their tribunal seat I am like to receiue nothing else but gal and woormwood If their cause against me be good if it be strong if it be to be embraced nowe let them not be ashamed
judge you euen as you judge his cause now offered vnto your consideration Wherefore as you will answer before him as you mean to haue any fauor at his hand deliuer the cause of his sonne Christ Iesus from this ignomie There is yet in this point another fault founde with the gouernment of Christe and another great reason alleaged why the hierarchie of Bb. shoulde be maintained and it is that the one of the 3. states vpon the authoritie whereof the lawes of England haue hitherto stood cannot without great inconuenience be now ouerthrowen Wherevnto the Lord replieth that the gospell of his sonne was brought into this kingdome by the 2. Estates to wit by the temporall Lords of the vpper and the commons of the lower house whereas since a thirde Estate vz. Lords spirituall as they are called was added vnto the 2. former little or no good hath bene enacted for the glorye of God by that counsell And if our State had bene contented according to the order of nature to stand vpon two legs it is not to be doubted but that all the wounds and sores of our church had bene healed and Christs discipline long ago established to our comfort and to the vnspeakeable good of our posterities Moreouer the Lord threateneth assuredly because of this monstrous and vnnatural leg wherevpon our lawes vnto this day are falsly said to haue stood and by the power whereof all the world knoweth this kingdom to haue withstood the right of his soone to laye our whole state euen with the grounde so that it shall haue nothing whereby it may be vpheld And L. Bb. haue no better interest to vphold our lawes then Lorde Abbots haue The state may as well want the one as the other and with as small inconvenience There is added as a conclusion of these inconveniences that it is dangerous to pick quarrels with lawes setled but there is no daunger to quarrell with the lawes of Christs kingdome They of all other princes lawes may be securely quarrelled with ouerthrowne and troaden vnder feete without all danger and yet in our state are they no quarrellers that abuse the sonne of God The time will come wherein it shall appeare that it had bene better for all such wretches that the wombe had beene their graue then that they should haue bene giuen ouer to runne into their owne destruction Our state hath well profited in religion that nowe after 31. yeares of the gospell enjoyed Iesus Christe in demanding his owne right is nowe accounted a daungerous quarreller against lawes setled This slaunder hath bene alreadie answered So hath the other set downe page 92. 93. of this booke concerning the likelihood of altering our ciuill gouernment into a popular state if Christ were once permitted to bear the ful sway therin The rest of the particuler cauils contained in som few pages of this book concerning maintenaunce of the minister by tythes the inconueniencie both of the ministers election by the people and also of excommunication by the whole Church are meer cauils and answered before in the generall and therefore here needlesse to be stoode vpon Now the high court of parliament hath heard of all the iniquitie that can be found in the Lord and his sonne Christ Iesus and you haue heard of all the reasons your careles and wilfull negligence to deal in the Lords matters onely expected whereby hitherto you haue bene enduced to refuse the church-gouernment which he himselfe hath laid downe prescribed in his word and to imbrace in steed therof a confused and an imperfect constitution of mans deuise whether these reasons set downe by our Bb. themselues will be a sufficient warrant vnto you in the day of judgement to refuse Christ Iesus to rule ouer you and your people to maintaine the popishe hierarchie of L. Bb. and to countenaunce their proceedinges who are wholy bestowed for the most part in persecuting and molesting those who open their mouthes in the cause of God and his people for the restitution of those lawes and liberties into our Church whereof they haue tyrannously bereaued it But if you thinke as the trueth is that these figge leaues issuing out of the dark vnderstandings of wicked men can serue you in no steed against the wrath of the lambe Enter more narrowly into this cause grant the same and those that stande in it justice against their enemies least it be layde to your charge that you haue called good euill and euill good and lest it be laid to your charge that you account your owne wayes equall and the wayes of the Lord vnequall that you haue executed no judgement no not the judgement which concerneth the sincere and true worship of the eternal Vnto the equitie of my cause which yet as ye see is not mine but the Lords let this also be joyned that mine aduersarie can lay nothing to my charge wherby I can be proued to haue brokē any penal law of the land I doe thinke my selfe in the cause wherin the Archbishop and the rest that are joyned with him are become mine enemies to haue incurred the penaltie of non of our laws inasmuch as I haue not transgressed the lawe of God For I suppose my selfe to liue in that state the laws whereof are to be accounted of no force which make him punishable whoe before the Lord is an innocent and guiltlesse The duty of a christian subiect draweth from me this perswasion that our state and gouernment vnder her maiestie established by the authority of this house wil not account any lawe to be forcible but that which is agreeable with the law of God and that non are punishable by any lawe in force amonge vs but those only who are offenders against the lawes of God For with what face can it be auouched that he is to be punished against whome the Lord doth not commaunde the sword to be drawne And thrise miserable is that state wherein these lawes are in force which commaund them to be smitten which are not euel doers Of which number non are to be accounted saue those only who by violating humane positiue lawes break also the lawe of God They that hold the contrary are not worthy to liue in a christian state They highly derogate from her maiesties credit and the good lawes of this kingdome And non can possibly hold such a position but those that vnder a pretence of authority either doe or would take occasion to oppresse and tiraunize ouer her maiesties subiects Nowe mine accusers cannot proue me to haue broken the lawe of God in seking the ouerthrowe of their places vntil they haue first prooued their own callings to be lawful according to the word vnto which time if I could haue bin assured of quietnes at their hands this mine appellation had bene needlesse Whereas nowe I am of necessitie constrayned thereunto as wel for the reason before mentioned as also because I can nether haue assurance of safety