Therefore they are the Kings enemies and so myne This suffice to prove those my Adversaries and so incompetent Iudges of me and of my Cause Finally I have just cause to Appeale from those Commissioners excepted against unto your royall Majesty for their illegality which I have observed in their Proceedings partly in their usuall practise and partly in this present cause First for their usuall practise and that in administring the Oath which they terme Ex officio in which they transgresse in these particulars First in inforceing the same upon men before any Copy given them of the Libel or Articles exhibited against them yea for the most part before any Articles drawne upon their very first appearance whereas in all other your Majesties Courts of Iustice noe Oath is either exacted or administred till after a Copy of the Information or Bill delivered to the party and his answere thereunto drawne up and ingrossed by advise of counsell upon the putting in of his Answere into the Court and not before which as it is contrary to the very Commission itselfe which expressely limits them to administer Oathes in such manner and forme as is used in the Chauncery before the Masters thereof where no man is forced to take an Oath till the putting in of his Answere to the Bill on Plaint against him So as it deprives him of the use and benefit of Law by way of demurrer unto the Articles if there be occasion no party being in forced either in Star-chamber or any other Court of Iustice in the Realme to take answere where there is just cause of Demurrer but puts in a Demurrer by advise of counsell without any Oath at all And his so taking of a rash Oath is directy against the 39 Article of our Religion Of a Christians mans Oath In these words As we confesse that vaine and rast swearing is forbidden Christian men c. So we judge that Christian Religion doth not prohibit but that a man may sweare when the Magistrate requireth in a cause of faith and charity so it be done according to the Prophets teaching justice judgement and truth Now such swearing to what a man knoweth not is vaine and rash It is also against fayth and charity when the Oath is extended to accuse a mans selfe or his neigbour unlawfully Secondly in makeing the Oath which they administer an usuall share to those which take it For although it be pretended that thereby they are bound to answere to Articles in Court against them no further then the Law of the Land bynds them yet being taken they presse it upon the mans conscience to answere in those things which neither Law nor conscience bynds him unto And in case he shall except against any Article as not bound by Law to answere it then they take it pro confesso and so although it be for accusing himselfe or others wherein he ought not being a breach of charity and of that Maxime Nemo tenetur prodere seipsum and contrary to all Lawes of God and man they illegally proceed to Sentence without any just or further proofe of the things objected Moreouer their proceeding is illegall in that the Deponent is not permitted to have a Copy of the Articles against him and to answere them by the advise of counsell as in all other Courts of Iustice within the Kingdome hath ever been used but must make a suddaine answere without advise of counsell wherein men commonly through ignorance of the Law ambiguity of certaine termes and captious Interrogatories are inforced to insnare themselves even in cases wherein they are Innocent Besides all this after their first Articles whereby they often draw men unto the Oath when they see they cannot have the advantage of them thereby they put in Additionals and Additionals upon Additionals contrary to the course of Iustice in all other your Majesties Courts within the Realme which admitt of no Addition to the first Bill Indictment or Information exhibited after answere given to it least causes should be infinitely protracted and men continually vexed whereby many of your Subjects are there intolerably grieved and oppressed their causes protracted expenses multiplied and so never given over or dismissed the Court till they have brought them into their lurch And in fine their imposing of fines and imprisoning in such cases and for such matters as they neither may nor ought to doe by Law Thus for their illegalities in their usuall proceedings Secondly their illegality in this their proceeding against me in particular is a just cause of my Appeale which consist of two particulars First in the subject matter of the Articles objected against me which themselves terme therein Sedition of which admit it true yet they have no cognisance in point of Law Sedition being no Ecclesiasticall offence against the Church but a Civil against the King and State and therefore to be tryed only in your Majesties Courts of Civill Iustice and not before the Ecclesiasticall Commissioners who have no cognisance of it And therefore the Apostle Paul when he was most unjustly accused as I am now by Ananias the High Preist with the Elders and Tertullus their Advocate that they had found him a pestilent fellow and a mover of Sedition among all the Iewes throughout the world and a Ring-leader of the Sect of the Nazarens Acts 24. 5. they did noe convent him before them in their Ecclesiasticall Consistory but before Faelix the Governour a temporall Magistrate knowing well that Sedition was not an Ecclesiasticall but a Civill offence of which Paul there purged himselfe without being put to any Ex officio Oath putting them to prove the crime objected by witnesses saying Neither can they prove the things whereof they now accuse me as I presume my Accusers likewise cannot doe in any Court of Iustice against me Since therefore they are soe unjust as to question and Article against me for Sedition of which they have no cognisance I conceive it to be a gravamen and so a just cause of Appeale from them First in the manner of their proceding against me which hath been very exhorbitant illegall and extraordinary in these particulars First in serving me with a Citation to appeare only before one single Commissioner at his private house when and where there was not then nor ever hath been heretofore any High Commission kept whereas all appearance are to be made in Court and there tendering me Articles and an Oath to answere to them contrary to the Law and their owne usuall course Secondly in excluding my neighbours and friends that accompagnied me thither out of the house that they might not heare or see what was done and tendering me both the Articles and the Oath in a private roome where Dr. Ducke and the Register only were present Whereas all Courts of Iustice ought to be publicke that all that will may see and know their proceedings in them and not in a corner Thirdly intendering me an Ex officio Oath to answere
as I am Christs Minister so I am the Kings faithfull subject crave justice at your hands according to the Kings lawes and oathes Yea his Sacred Majestie himselfe hath declared his will to this purpose in the Petition of Right saying The * And shal the greatest Prelates will or pleasure then countermand this his Maiesties will and Royall printed mantate to your Worships I proue not King willeth that Right be done according to the Lawes and customes of the Realme And that the Statutes be put in due execution that his Subiects may have no cause to complaine of any wrong or oppressions contrary to their iust Rights and Liberties to the preservation whereof he holds himselfe in conscience as well obliged as of His Prerogative And in Person thus I assure you my Maxime is that the Peoples Libertie strengthens the Kings Prerogative the Kings Prerogative is to defend the Peoples Liberties This being so the Kings Prerogative his just lawes the Peoples liberties are so combined together that they must be altogether preserved intire so neither can you be so for God but you must be also for the true Religion for his faithfull Ministers nor secondly so for the King but you must be also for his Lawes and his peoples rights liberties sith the King and his people make one politicke body and hee cannot love the Head who seekes to hurt the members or who setts the Head against the members or who for advancing the Head destroyes the members or who maketh a Schisme and rent betweene the Head and the members And are not the Lawes of the Kingdome the ligaments which fasten and unite the Head and members the King his people together It is your charge to see that these ligaments bee not dissolved but preserved safe and sound else the whole both Head and bodie of which your selves and Posterity are members must needs suffer together O then what a waighty charge lyes upon your shoulders at this time when the whole frame both of the Republick and Religion so shaketh as it threateneth sudden ruine if the Lawes whereon they are established bee not maintained in their full strength and vigour Doe not your Wisdomes see a new generation of Innovators risen up in this Land who usurping and practising a Papall and Antichristian Power and Iurisdiction exempted from the Kings Lawes and not depending as they pretend and professe on the Kings sole Prerogative and Authority doe thereby beginne to overtoppe the Royall Throne and trample the Lawes Liberties and just rights of the Kings Subjects under their feet What meaneth that difficulty of obteineing of Prohibitions now adayes whereby the Kings innocent Subjects should be relieved against their unjust molestations oppressions in the Ecclesiasticall Court and high Cōmissions What meaneth that consternation of spirit among Lawyers that few or none can be found to plead a cause be it never so just against an oppressing Prelate are either an menaced or imprisoned if they do it What meaneth that timidity in Ministers people who chuse rather to sit down with losse of al even of the cause of religion it selfe thē go to law against a Prelate What meaneth that lawlesse insolency and boldnesse of many Prelates who against law and conscience against the expresse Doctrines of our Church and against Gods word the ground and rule of our Faith and Religion dare of their owne heads bring in sett up in Churches and impose upon Ministers new rites and ceremonies contrary to the Act of Parliament before the Communion Booke Altars Images and Crucifixes with sundry superstitious gestures of bowing ducking standing up with other notorious innovations as even your selves cannot be altogether ignorant of and may further in one view behold in those sermons following suspending excommunicating and outing those Ministers that will not dare not conforme unto them What meaneth that Antichristian pride lawlesse power in vexing conventing the Kings good subjects for observing the Kings Lawes and executing of iustice upon or lawfully suing and indicting at the Common law transgressors of the same by their bold innovations the very hight of Antichristian tyrranny sedition and rebellion I beseech your Lordships well to examine the originall roote and cause of all these insolent irregularities and illegalities which not only tend to but hasten on inevitable ruine both to the Church and state if not spedily prevented And so vindicate yourselves herein as that you may cleare yourselves from being the prime and principall causes of all the mischiefes and maladies in the land by either fearing denying or delaying to doe iustice upon and against these insolent Innovators Have we not the best King in Christendom who hath so frequently solemnly as in the late Petition of right so in his royall * Declaration before the Articles of Religion And Declaration of yet Causes of dissolving the Last Parliament Printed by his Maiesties authority 1628. Declaration protested calling God to witnesse that neither in Doctrine or Discipline he will suffer the least innovation to creep in but will maintaine that Religion which was in Queen Elizabeths Raigne under which this Kingdom hath so long florished Notwithstanding all which shall any up start Innovators dare to set up their Popish rites and superstitious Formes of worship in our Churches contrary to the expresse Lawes of the Realme and can you the Reverend Iudges but be touched both in conscience of your duty of office Oath and in care of the peace an welfare of this Kingdome and Church and of the Kings honor and safety Can such furious and outragious alterations of Religion be in any state without drawing a long with it and after it infinit distractions and rents in the Kingdome and intolerable discontents and heart burnings in the peoples myndes both tending to stirre up sedition within and to expose the state to forraine invasion For Gods sake therefore sith his Majesty hath committed to you the sword of Iustice draw it forth to defend the lawes against such Innovators who as much as in them lyeth divide betwen the King his people Your selves know better then I can tell you that if there be oppressions in the Common weale especially against the ordinary Course of the Lawes and against the Liberties of the subject established by law how hardly it is digested and what dangerous discontents it may breed how much more perillous are such alterations of religion which would by a strong hand and that after so long and cleare light of the Ghospell bring us backe againe under an Antichristian yoake which tyranizeth over the conscience soule body goods and liberties poysoning religion with Idolatry superstition and all manner of Will-worship in human inventions and traditions condemned by Christ and his Apostles Vp therefore and play the men discharge that great trust which the King hath reposed in you which your Sa-Oaths require of you which all the good people of the Land expect of you and which Christ himselfe the great Iudge of quicke and dead will call you to a strict account for which you know not how soone hee may doe for though you be as gods yee shall dye like men and fall like one of the Princes Therefore as Christ saith Be instructed yee Iudges of the earth feare and tremble before this great God Kisse the Sonne least he be angry and yee perish from the way when his wrath is kindled but a little Blessed are all they that put their trust in him Which that you may be it shall be the prayer of Your Worships daily Orator at the throne of Grace Henry Burton
honorable and due respect and between all those Prelates who are Innovators and eo nomine as they are Innovators onely together with all those that have a neere relation unto them and dependance upon them as bearing office under them and hoping for grace and preferment by them which are the usuall body of the Court determining all causes brought before them First that these against whom I except are parties thus I prove because the Innovations which I charge the Innovators with are both done by them or by their Officers and also they appeare in the cause as Patrons to Defend and maintaine the same against me so as upon the very reading of the said Articles I could not but presently apprehend that the laying of these things to my charge by way of recrimination did professedly ingage them parties in the cause Secondly because they are my Adversaries in the Cause that this is soe I prove as followeth First because they are Adversaries to those truthes delivered by me and charged by them as matter of Sedition against me which notwithstanding I am ready to maintaine against them with my life although I never so much as once dreamed that impiety and impudency it selfe in such a Christian State as this is and under such a gracious Prince durst ever thus publickely have called me in question and that upon the open stage not only for the manifest truth of those notorious and audacious Innovations contrary to the Law but also and which I can never sufficiently admire that these things should be obiected against me which I preached upon the foresaid text and day alledged in the said Articles My Sonne feare thou the Lord and the King c. Wherein according to my duty and the text I so much urged and pressed all maner of obedience and service to God and to the King as all those who heard me can testify earnestly admonishing Gods people and the Kings Subiects to beware and not to meddle with such Innovators as according to my text are enemies of God and of the King and divide between the King and his people Secondly they against whom I except as aforesaid are my Adversaries in that they usurpe such a title of their Iurisdiction as cannot consist with that title of Iurisdiction which the Law of the Land hath annexed to your Imperiall Crowne from whence all maner of Ecclesiasticall Iurisdiction what soever hath its immediate and sole dependance and derivation as appeareth by the Statute of 26. H. 8. c. 1. 37. H. 8. c. 17. 1. Ed. 6. c. 2. 1. Eliz. c. 1. and 1. Iac. c. 25. which repealed Queen Maries Act. of repeale of the said Statute of Ed. 6. c. 2. whereby the same Statute standeth now in force And the said Statute of 1. Eliz. c. 1. uniting all manner of Ecclesiasticall Iurisdiction whatsoever unto the Imperiall Crowne of this Realme enacteth the Oath of Supremacy and Allegiance eo nomine to that very end and purpose that none should presume to exercise any Ecclesiasticall Iurisdiction within this Realme but by vertue of the Kings Letters Patents and in the Kings Maiesties name and right notwithstanding these men against whom I except as aforesaid haveing all of them severally often solemnely taken the said Oath of Supremacy and Allegiance being undoubtedly bound thereby doe continually exercise their Episcopall Iurisdiction without any such Letters Patents of your Maiesty or your Progenitors in their owne names and rights only and not in your Maiesties name and right to the manifest breach of their Oathes aforesaid and to the manifest vsurpation of your Maiesties right and in high contempt of your Majesty contrary to your Maiesties peace your Crowne and dignity And therefore under your Maiesties royall favour I account all such my Adversaries and so in competent Iudges of my cause aforesaid The rather because this very Act which they thus notoriously transgresse is the ground whereupon their Commission in causes Ecclesiasticall is erected and that principally for the better observation of the said Act and the punishment of all Delinquents against it as appeares by all the Commissions Ecclesiasticall into which this clause of the Statute is inserted Now if these men thus dayly infringe this Act themselves and soe abuse that very power and Commission by which they now clame to be my Iudges in affront of your Maiesties royall Iurisdiction what indifferent justice I may expect from them I humbly referre unto your Majesties just and royall consideration Thirdly they who are Adversaries of God and of the King are my Adversaries But all Innovators either in matters of Religion or of the Common weale are Adversaries of God and of the King therefore they are my Adversaries The first Proposition noe good Christian or loyall Subject will deny but that the Adversaries of God and of the King are his Adversaries And for the other Proposition the text proveth it for Innovators are there opposed to the feare of the Lord and of the King And those men against whom I have excepted as aforesaid either are the Innovators themselves or chiefe Authors Abbetters or Countenauncers of those Innovations and therefore they are my Adversaries and so incompetent Iudges of my Cause Fourthly they are my Adversaries for this reason oâ— argument They which are Christs enemies are my enemies But these are Christs enemies therefore my enemies That they are Christs enemies I prove They who oppose the word of God in the Ministry of it in stopping the mouthes of Gods Ministers and persecuting of them without and against all Law are Christs enemies But these doe so Therefore c. That they doe so is cleare by their practise which will aboundantly appeare upon due examination Fiftly they who are the Kings enemies are my enemies But these Innovators by overturning the State of Religion in bringing in their new Superstitious rites and Ceremonies whereby both God is justly incensed to wrath against the Land and the peace of the same is disturbed are the Kings enemies Therefore they are my enemies They are the Kings enemies that openly and affrontingly with a high hand and shamelesse forhead trangresse and oppose his Majesty royall Lawes Proclamations and Declarations against all Innovations in matters of Religion c. And thereby disturbe the peace of his Majesties Kingdome and weaken the State thereof distracting the peoples hearts by making them both to feele their present oppressions especially upon their Consciences and to feare the utter subversion of the true Religion by your Majesties Lawes established amongst us Againe they who with all their might and maine persecute and opâ—ignâ— those faithfull loyall Subjects Ministers and people who most plead and stand for his Majesties just and royall Prerogative in Causes Ecclesiasticall his Lawes Declarations Proclamations and the established Doctrine and Religion of Christ in the Church of England and most oppose all Innovations and enemies to them must needs be the Kings enemies But thus do those from whom I Appeale
and accuse my selfe in a matter of Sedition which if true might call not only my reputation but also my life liberty into question whereas Whitgift Archbishop of Canterbury in the Conference at Hampton Court printed by Authority there publickly averred that in matter of life liberty or scandall it is not the course of that Court to require any such Oath or to inforce any man that hath taken the Oath to answere to any such Articles And Paul himselfe when he was accused for Sedition by Ananias the High Preist Tertullus was neither required nor inforced to take any such Oath as appeares by Acts. 25. Fourthly in that they would inforce me to answere upon Oath and bring in a Copy of what I publickly preached in my Parish Church which I conceive I am not bound by the Law of God or man to doe nor ought they to require For Iohn the 18. 19. 20. 21. 22. 23. when the High Preist asked Iesus being convented before him of his Disciples and of his Doctrine Iesus answered him saying I spake openly to the world I ever taught in the Synagogue and in the Temple whither the Iewes allwayes resort and in secret have I said nothing Why askest thou me Aske them which heard me what I have said unto them Behold they know what I said And when he had thus spoken one of the officers which stood by strooke Iesus with the palme of his hand saying Answerest thou the High Preist so Iesus answered him If I have spoken evil beare witnesse of the evil but if well why smitest thou me A plaine testemony from our Saviours owne Doctrine and Example which no man can condemne as unjust or illegall that no Minister ought to be put so much as to give an answere much lesse a Copy of what he publickly preached in the Church and that upon Oath to prejudice or accuse himselfe thereby but what ever he delivered ought to be proved by witnesses that heard him and the High Preist being satisfied with this answere of our Saviour I hope no High Commissioner but ought to have rested satisfied with the like from me though as yet they still proceed to presse â—e to an Oath Fiftly in calling a Private Commission out of Terme â—n or neere Dr. Duckes private Chamber at Doctors â—ommons and no publick Court and there proceeding to suspend me in my absence under pretence of a contempt in not appearing before them when as first I had â—o lawfull Citation under Seale then and there to appeare Secondly no sufficient legall notice of the time and place of the said Commissioners meeting and so was not bound by Law to appeare before them especially in a Corner out of Terme in an unusuall manner Sixtly in suspending me notwithstanding my Appeale to your Sacred Majesty entred formerly at Dr. Duckes house at Cheswick by their owne Register before the said suspension of which my Appeale being registred in the Court they ought all to have taken notice Seventhly in suspending me against all Law and Iustice both from my Office and Benefice in my absence as if formerly lawfully convented before them and publishing the said suspension in an unusuall manner in my Parish Church and commaunding all Parsons Vicars Curats Clerkes and Ministers within the City of London to whom rhe said suspension is directed upon the Sunday next and immediately following the receipt thereof openly to publish and declare me to be suspended both from my Office and Benefice in their severall Parish Churches when the Congregation shal be then and there assembled to my intollerable disgrace and scandall Eightly in taxing and condemning me of Sedition and other misdemeaners in their said suspension before either heareing my Answere or the Cause Ninthly in denying me a Copy of the Articles exhibited against me to perfect this my Appeale to your Majesty by and to annex them thereunto and refusing to give me a Copy of the Acts of the Court and proceedings against me though I have often sent for them These my most Gratious Soveraigne are the grounds reasons of my Appeale from the said Commissioners excepted against to your Majesty my Soveraigne Lord and Patron which together with my person and cause I here humbly prostrate at your Majesties royall feet imploring the justice of your royall Throne which is established by righteousnesse and that in so important a Cause of God and of the King which I am certaine you will never deny to your meanest Subject much lesse to your auncient Servant and dayly Orator to the Throne of Grace Henry Burton TO ALL THE TRVE-HEARTED NOBILITY OF HIS MAIESTIES Most Honorable Privy Councell MY HONORABLE LORDS Expect not here from mee the Court language or dialect it will not suit my person much lesse the cause which here I present to your Honors being such a cause as I know not how the Court spirit will relish it much lesse digest it Let me therefore be bould in the first place to awaken those Nobler spirits if haply either layd and luld asleepe by the inchantments of these present times or otherwise smothered under the heape of Court imployments and the like yea spirits heavenly inspired which respiring a while and retiring into the closet of your inmost Muse may summon all your cares and powers to the sad and solid eonsideration of a cause so important as all circumstances and consequences well weighed I dare say the like hath not come upon the stage for these many yeares being a cause so much concerning the honor of God the peace welfare and honour of the King the State of Religion and of the Commonweale by good Lawes established the liberty of our consciences and the honour of your Lordshipps being Peeres of the Realme Counsellors of State and so pillars of the Kings Throane of Religion and of the Republique all which doe now exceedingly suffer and are terribly shaken yea ready to fall to ground if not prevented by some speedy and effectuall remedy And whence should remedy be expected but next unto God from his Sacred Majestie and from his prudent and faithfull Counsellors of State the great chariots and horsemen of Israel To the end therefore that his Majestie may take notice of so weighty a cause in hand and lay it to heart and strengthen his hands with Iustice to vindicate his honor therein I have humbly addressed my selfe to his Majestie both by petition and Appeale and next to your Honors by way both of information and of sollicitation to give your eyes no sleepe till you have effectually moved his Majesty to a serious consideration of such a cause that so neerely concerneth the weale or woe of this Kingdome Not that I take upon mee to judge of such high matters but that his Majesty would bee pleased to weigh the cause in the just scales of his mature wisedome and unpartiall judgement all respect of persons layd aside and also consult his sage Senators therein that some thing may bee forthwith
AN APOLOGY OF AN APPEALE ALSO AN EPISTLE TO THE TRVE-HEARTED NOBILITY By Henry Burton Pastor of St. Matthewes Friday-Street ACT. 25. 11. No man may deliver mee unto them I appeale unto CAESAR Printed Anno Dom. 1636. TO THE KINGS MOST EXCELLENT MAIESTIE MOST DEARE AND DREAD SOVERAIGNE When upon just grounds as I humbly conceive and am confident I appealed from Parties and Adversaries to your Sacred Majestie for iustice in so waighty a cause as here is presented before you I thought long ere this to have had the happines to have presented both an humble Petition and Apologie to my Appeale to your Maiestie in mine owne person But two causes especiallie hindred mee the one Gods hand of visitation in this Citty which continuing so long and great I durst not make my approch to the Court and chiefly to Your Maiesties Sacred Person least I might give offence the other and which of the twaine is much more perillous to my selfe the Pursuivants continuall watch about my dore threatning to catch me and make mee fast or run my Countrey as he saith so as I cannot passe in or out without present danger And I confesse I have small list to come into that Lions denne Quia me vestigia terrent not that I am affraid of any such terror as not if conscious to my selfe of any such crime as they lay to my charge but as the Apostle said in the like case If I bee an offender or have committed any thing worthy of death I refuse not to dye but if there be none of those things whereof they accuse me as matter of sedition no man may deliver mee unto them I appeale unto Cesar And blessed bee God that I have such a Christian Cesar to appeale unto Neither yet have I neglected what possible or probable meanes I could use in Court being an old outcast Courtier worne out of all favour and friends there for the conveying of my said Apologie to your Maiestie but in vaine So as being now out of all hope of acquainting your Maiestie with so great a cause by that way and meanes as I desired I am at length compelled to give forth copies in hope at least that some well minded man or noble sparke may upon the sight thereof considering how neerely it concerneth the peace safety welfare and honor of your Maiestie and Kingdome bee inflamed witb so much zeale to your Maiestie as overcomming all cowardlie feares to dare to doe you so much worthie service in bringing a Copie to your Maiesties hand that so you may therein read the many and great disasters and dangers where into this your Kingdome is in a precipitancie of being ingulfed accordingly in your Princely Prudence provide a timely remedy before it be past hope And the rather conceived I this way so the more necessarie that comming haply into the hands of some of your Wise and Sage Counsellors Davids friends they might be a meanes not onely to bring it to your hands but the more to ingage your Maiestie to the perusall of it considering how many would bee readie to ease your Maiestie of such a commoditie And now my Gracious Soveraigne as I have ever bent my chiefe Studies to your Maiestie the best and faithfullest service I possibly could so I am persuaded I could not in all my life have had a fairer and fitter opportunitie to expresse my fidelitie to your Maiestie then now in a case so important as if your Maiestie shall but take sound notice of it it may prove the happiest service that ever a poore subiect could doe to his Prince and Countrey Nor am I ignorant how busie many would be to divert your Maiestie from the Consideration of such matters as this as if the great affaires of a Kingdome pertained not to the King but that hee might take his pleasure and leave the care of his Kingdome to others But my Lord the King is Wise as an Angell of God considering whose vicegerent hee is and before whose awfull Tribunall he must give a strict account how he hath mannaged so waightie a charge of so many soules committed to his trust Againe what censures may I expect of them who cannot indure to have their deeds brought to the open light They will be readie to charge me with Popularity Faction Sedition and what not and all for thus bringing their actions upon the open stage But first they will I hope excuse me when they shall reflect upon themselves and consider in cold blood how they have provoked mee by their calling mee forth upon the stage and by their strange molesting and prosecuting of me as if I were a fellon or a traitor and secondly for as much as they declare their deeds as Sodome and hide them not and with a high hand maintaine them too which is the highest pitch of all impiety can they with any reason blame me for divulging their practises which they shame not to pester your Kingdome and oppresse your good people withall who therefore have need publickly to be warned of them least they be seduced by them But not to detaine your Maiestie longer bee pleased to read over this my Apologie of Appeale to your Maiestie that your Maiestie may both discerne the depth of the whole businesse and may be pleased thereupon to rescue your old servant out of those troubles which hee suffereth for discharging a good conscience towards God and your Maiestie Now the Lord give you understanding in all things Your Majesties loyall subject and faithfull servant Henry Burton TO THE KINGS MOST EXCELLENT MAIESTIE The humble Appeale of me Henry Burton Clerke from the proceedings lately made in the name of some Commissioners for causes Ecclesiasticall against mee together with an humble Apology of the said Appeale THE occasion of my Appeale was upon the reading of certaine Articles unto me by the Register of the Court before Dr. Duke and by his appointment who there upon tendering to me the said Henry Burton an Oath to answere to the said Articles I replied in these words or to the like effect I humbly Appeale to the Kings Majesty my Soveraigne and Patron as my Iudge in this cause before whom I shal be both a defendant and a complainant for I hold it unfit that they who are my Adversaries should be my Iudges Now the reasons and grounds of this my Appeale are these following First the generall matter of the Articles chargeth me with seditious preaching more particularly objecting unto me my Sermons which I preached to my stock on the 5th of Nouember last upon this text of Scripture Pro. 24. 21. 22. My Son feare thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise suddenly and who knoweth the ruine of them both And in the Sermons sundry specialties and those chiefely concerning diverse Innovations which my text did naturally lead me to speake of and to reprove to the end that my Parishioners might
be admonished to beware of them in case they should ever come to be obtruded upon them as namely these Innovations in the Booke of Common Prayer First in the Collect for the Queen and royall Progeny these words are put out in the later Editions Father of thyne Elect and of theyr Seed as if they would blotte out the King Queene and the royall Progeny out of the number of Gods elect Secondly in the Epistle for the Sunday before Easter they have put out IN and made it AT the name of Iesus every knee c. Which alteration is directly against the Act of Parliament The second booke wherein I showed a notorious alteration was that ordered by Parliament to be read on the 5th of November in the First Collect or Thanksgiving for the happy deliverance of his Maiesty the Queen the Prince and the States of Parliament For in the former booke it is thus said 〈…〉 their Counsell and root out that Babylonist 〈◊〉 Antichristian Sect which say of Ierusalem Downe with it Downe with it even to the ground But in the new book printed 1635. it is thus Infatuate their Counsell and root out that Babylonish and Antichristian Sect OF THEM which say of Ierusalem c. Againe in the old booke it is said And to that end strengthen the hands of our gracious King the Nobles and Magistrates of the Land with judgement and justice to cutte of these workers of iniquity whose Religion is Rebellion whose Faith is Faction c. But in the new book they have altered it thus And to that end strengthen the hands of our gracious King the Nobles and Magistrates of the Land with judgement and justice to cutte of THESE workers of iniquity WHO TVRNE RELIGION INTO REBELLION AND FAITH INTO FACTION The third Booke wherein they have made many alterations is the Fast-Book set forth by your Majesties Authority in the first yeare of your Raigne and which your Majesty in your late Proclamation commaunded to be reprinted and published and read in Churches at this Fast Yet notwithstanding we find these alterations in the last impression this yeare in the first Collect these words are expunged Thou hast delivered us from Superstition and Idolatry wherein wee were utterly drowned and hast brought us into the most cleare and confortable light of thy blessed word by the which we are taught how to serve and honour thee and how to live orderly with our neighbours in truth and verity Also they have left out in three severall prayers the mention of the Lady Elizabeth your Majesties only Sister and her issue Also the prayer for the Navy and the prayer for seasonable weather And a whole Collect begining thus It had been best for us c. Also in the last page Order for the Fast are these words left out To auoyd the inconvenience that may grow by the abuse of Fasting some esteeming it a meritorious worke others a good worke and of it selfe acceptable to God without due regard of the end c. Againe they charge me that I spake against altering of Communion Tables into Altars and against bowing unto them and against setting up of Crucifixes over them and against saying a second Service at the High Altar at the end of the Chancel whence the people cannot heare especially in greater Churches and against putting downe of Sermons in the afternoones upon the Lords dayes and insteed thereof nothing allowed but Catechising by bare Question and Answere out of the Common Prayer Booke without expounding the Principles of Religion layd downe in the Creed ten Commaundements and the Lords Prayer so that the people and youth especially are left in their ignorance Also they charged me for saying that Ministers might not safely preach of the Doctrines of Grace and Salvation and against the Arminians without being troubled for it Also that Ministers in Norfolke and Suffolke were suspended from their Ministry and meanes for not conforming to new rites and Ceremonies imposed upon them contrary to the Law of the Land These things with sundry other of like nature were objected against me in the said Articles which because a Copy cannot be procured from the Registers office I cannot so punctually set downe but referre unto the Articles themselves remaining with the Register of the High Commission All which Innovations expressed being found by evident proofe to be most true contrary to the Lawes and Statutes of the Realme the established Doctrine and Discipline of the Church of England your Maiesties Declarations and Proclamations and many of them of very dangerous consequence tending to iustify and extenuate notorious treasons and traitors advance and vsher in Popery Superstition and Idolatry and giving generall distaste to all your Majesties loyall and faitfull Subiects who here upon grow iealous of some dangerous plot now in agitation by these Innovators to undermine and overthrow both our Religion good Lawes yet my mentioning of them in my Sermons meerly out of loyalty and duty to your Maiesty upon that solemne day for which they were most proper to warne my flocke to take heed of such Innovations as whereby Popery and Superstition doe not only craftily creep steale in upon us but is haled in with head and shoulders is charged upon me as Sedition Here then let your Maiesty be pleased to iudge whither this be matter of Sedition as for which I should be suspended from my Ministry and meanes and openly defamed as a seditious person As if a Shepherd admonishing his sheep of the danger of the wolfe or a watchman the City of the approch of the enemy or a faithfull and vigilant Servant to his Prince and Country descrying Cunning traitors who under a colour of freindship and fidelity to the King and State doe practise the overthrow of both should therefore upon the outcry of the wolfe or the complaint of the enemy or the recrimination of the Traitors be adiuged and condemned of Sedition for discharging that duty which both God and his word and the soules of Gods people require of him Thus much of the matter of the Articles upon the very resoltancy where of I was moved to Appeale as aforesayd Againe for the further illustration of the iust cause of my Appeale I except against the in competancy of those Iudges who plainly appeare to be both parties in the cause and Adversaries to my person for the cause sake and therefore both by the Common Civil and Canon Law yea by the very Lawes of God and Nature which prohibit any man to be a iudge in his owne cause especially when the party is an enemy to him that is to be iudged by him and therefore by the Lawes of God and man I have iust cause of Appeale from them unto your Royall Maiesty Where in the first place I distinguish and put a maine difference between those Honorable Nobles Iudges Counseillors of State and other Lay persons of the High Commission whom I except not against but mention with all
resolved on and set on foot for the preventing if possible of the imminent ruines both of Church and State Nor let this motion be contemned because it commes from so meane a person as in the worlds opinion a poore Minister of Christ Certainly I am one of the watchmen of Israel though the meanest yet one who hath obteined mercy to bee faithfull Nor have I inconsideralty or rashly rushed upon this businesse but have been by a strong hand drawne into it Yea my Lords knowe assuredly that Christ himselfe my great Lord Master hath called me forth to be a publique witnesse of this great Cause who will certainely mainteyne both it and me against all the Adversaries of God and of the King And being so doth not the same Lord Iesus Christ the King of Kings and Lord of Lords call both the King your Honors and all his Nobles and worthies to lay to heart such a cause as this if with the whole Realme you will not be brought backe againe under the Papall and Antichristian yoake which where euer it coÌ„meth Lordeth and tyrannizeth over soules bodies consciences goods lawes and Liberties What shall we see Religion overturned the Lawes out lawed our Liberties captived Christ Kingdome and the Kings throane together undermyned and Antichrists throane exalted over us and that by a Faction of Iesuited Poly-pragmatiques and wee like heartlesse doves sitt trembling while the Hagards doe outdare us as if we were made for nothing els but for them to prey upon Certainely if wee thus sit us downe and hide us under the hatches while the Romish Pyrates doe surprise our Ship and cut our throaths and cast us overboard what volumes will be sufficient to Chronicle to posterity the basenesse of Degenerate English Spirits become so unchristianized as to sett up Antichrist above Christ and his annoynted and to suffer our selves to be cheated and nose-wiped of our Religion Lawes Liberties and all our Glory and that by a sorte of bould Romish * Such as Francis a Sancta Clara and other his Iesuiticall Compliâ—â—â— Mountebanks and Iuglers Obiection But some will object what doth this concerne any of the Laity Doe not matters of Religion properly pertaine to the Clergy Have not they all the power and Authority to determine such matters Tractent fabrilia fabri will they say Answer O egregious and pernicious errour The Clergy only by which they meane the Church to have power in matters of Religion to determine them As if lay persons who are Christians be not members of the Church of Christ Gods peculiar people and inheritance Againe what should become of our Parliamentary Lawes by which our Religion hath been established and the Popish abolished Or what shal become of our Religion so established if the Authority therof must now depend only upon nthe Clergy that Clergy for the most part dependes upon the authority of one who exerciseth a kinde of Papall power in dedermining matters of Religion Then how easy were it for one Arch-Bishop of Canterbury if hee be possessed with a Papall spirit and zeale for Popery should have great favour power in Court in one assembly of Prelates at one clap to overthrow all our religion by Law established and to set up againe the whole body of Popish superstition and Idolatry Moreover why should it be unlaufull for lay persons Nobles and others to looke into matters of Religion within the limits of their calling whether generall as Christians or speciall as members of the common weale when Clergy men dare in affront to Gods word to Christs Doctrine and example of his Apostles to all Councels and Canons whatsoever usurped take upon them to intermeddle in the managing even of the highest and weightiest affaires of Princes States and temporall Kingdomes which is incompatible with the ministeriall function Againe have not all Christians soules to save and are not those of Berea * Acts 17. 11. 12. indigitated in Scripture as being more honourable then others in searching the Scriptures daily whether those things were so which even the Apostle Paul himselfe did teach And are not all Christians themselves enjoyned to try the spirits whether they bee of God And the rather because many false * 1. Io. 4. 1. Prophets are gone out into the world 1 Iohn 4. 1 And are not all Christians so to know the Scriptures as if any teach * Gal. 1. 8. otherwise yea though Angell from heaven to hould him accursed Gal. 1. 8 And are we not all Christians And if every Christian how mene soever should have a care of his owne soule and not to pinne it upon any ones sleeve as not knowing whither hee may carry it how much more every great man that is in high place and hath greater gifts of knowledge and is in * Eccles 10. 1. estimation for wisdome and glory It is a Iusuiticall principle and that very mystery of iniquity which supports Antichrists throane to require or render blinde obedience to the dictates of the Church alias of the Pope or Prelate or Priest then which servitude and spirituall bondage none in the world is more vile and base none more perillous and pernicious Thus the * Math. 1â— 14. blind leading the blinde both fall into the ditch thus the Pope carrying with himselfe millions of soules to be tormented with the great Divell and none to reprove him for it as their owne Decretalls say what amends will this bee to those soules thus miserably deceived by him So as this new doctrine of the Iesuites so much cryed up now adayes in Pamphlets and Pulpits therby to captivate the faith and Conscience of all the Laity yea and of all inferior Ministers to the dictates of the Metropolitan chaire is nothing els but that prime Article of the Antichristian and Papall Creed to overture all the Articles of our Christian Faith And if this Iesuiticall Doctrine be creapt into the Court and there beginne to Lord it the Lord himselfe roote it up and cast it out But your honors have not so learned Christ as thus to come under Ephes 4. 20. Antichrists Babilonian yoake And therefore in the name of Christ rowse up your noble Christian zeale magnanimous courage for the truth and now sticke close to God and to the King in helping the * Iudges 5. 23. Lord and his Annoynted against the Mighty and earnestly contend for the maintenance of that Faith * Iude. 3. Religion which was once delivered to the Saints and hath been sealed with the blood of so many holy Martyrs and transmitted downe to us from our worthy Progenitors and whereof our gracious King is intituled the Defender and hath in sundry his royall Declarations and proclamations solemnely protested that hee will never suffer the least Innovation and which also your Honors have bound your selves not only as Christians in your Baptisme but as Counsellers and Statesmen by Oath to mainteyne not suffering
any forraigne or other exorbitant and usurped power to be exalted over this Land in any other Iurisdiction Ecalesiasticall then is by the Law annexed to the Imperiall Crowne of this Realme To conclude the Cause both of my petition and Appeale to his Majesty is this That usurpers and Innovators of Religion and of the Lawes of the Land being occasionnally and justly charged by me in my sermons as heere your Honors may see may be inquired on called to a strict account And the rather wheÌ„ now they shew by their recrimination in the articles objected against me how ready they are openly upon the stage to maintaine with an high hand those their usurpations InnovatioÌ„s Which as it cannot be without impiety so much as once imagined that his Majesty would ever countenance against so many solemne protestations to the contrary So it cannot be without horror conceived into what devouring gulfes they must needs precipitate this otherwise goodly State if with Gods good help the King State ioyntly and speedily put not to their maine strength to stay it All the world seeth in what a distracted estate things doe stand and what a cloude of divine displeasure hanges over us how ill wee thrive in our affaires how heavily the chariots are driven And can we wonder but that God should blast all our beauty and glory if men of Beliall of that lawlesse one be suffered to make â—avâ—â—ke of Christs Kingdome to destroy the true Religion and to set up againe Popish superstition and idolatry over the Land Certainely if such be suffered to goe on thus as they doe God must needs destroy us Therefore my honorable Lords give me leave againe and againe to presse this upon your Honors as a mayne service which you owe both to God to the King to Religion and so to your Posterities and to the whole State that your Honors will use your best meanes throughly to acquaint and possesse the King with this weighty businesse That upon the sight thereof his wisedome directed by Gods spirit may finde out a speedy course for the removing of those intollerable greivances under which his whole Kingdome groaneth ready to sinke and to breath out its last And what ever the present necessities be this I am perswaded of that never could a fayrer opportunity be taken if well followed to vindicate his Maiesties honor and to make him the most happy glorious King in Christendome when closing with God and with his good people hee should at least reduce into order the troublers of Israel Now the Lord our God fill your heroical hearts with understanding zeale and courage that you may acquitte your selfes as good Christians towards God faithfull Counsellors to the King and true Patrons of the true Religion and so strong pillars of the State in this cause of God and of the King That so after many honorable dayes heere you may be crowned with eternall glory in the Kingdome of heaven which is the prayer of Your Honors humble Orator at the Throane of grace Henry Burton TO THE REVEREND And Learned IVDGES RIGHT WORSHIPFVLL Your place and office of Iudicatury to which God and the King have called you ingageth you to doe justice to all impartially as being bound thereunto both by law and conscience By law For * Magna Charta cap. 29. Iustice shall not be sold deferred nor denyed to any man And * 2 Edw. 3. c. 8. No Commaundement under the great or little seale shall disturbe or delay iustice or right in any point And the Iustices of both benches Assise c. shall doe right to all men without regard of letters writs or Commaundments * 18. Edw. 3. State 3. 20. E. 3. c. 1. 2. c. Secondly by conscience For the law prescribes this Oath unto you Ye shall sweare that well and lawfully ye shall serve our soveraigne Lord the King and his poeple in the Office of Iustice and that lawfully ye shall counsell the King in his businesse ye shall doe even Law and Execution of Right to all his Subiects rich and poore without having regard to any person c. and in case that any of what estate or condition they be come before yau in your sessions c. to disturbe the execution of the Common law or to menace the people that thay may not pursue the law that you doe their bodies to be arrested and put in prison And in case they be such that ye may not arrest them that ye certify the King of their names and of their misprision hastily so that he may thereof ordaine a convenable remedy and that yee deny to no man common right by the Kings letters nor none other mans nor for none other cause And in case any letters come to you contrary to the law that ye do nothing by such letters but certify the King thereof goe forth to do the Law notwithstanding the same letters And in case ye be from hence-forth found in default in any of the points aforesaid ye shall be at the Kings will of body Lands and goods thereof to be done as shall please Him as God you helpe c. Now these things I recite most Learned Iudges not as if you were ignorant of them or had altogether forgotten them but that the remembrance of them might the better prepare you to doe iustice in a cause which here I present unto you And yet when I doe but name the cause namely for God and the King what needs any other incitement to doe iustice then your owne propensity In this case which of you will not professe to be For God and the King Well I take it for graunted that you are and wil be for God and the King Onely give me leave in a word to intimate what it is to be for God and the King First for God Christ saith to persecuting Saul Why persecutest thou me Yet he persecuted not Christs Person but his members and Ministers And to his Disciples he saith He that honoreth you honoreth me and he that despiseth you despiseth mee Are you then for Christ Then you must be for his Ministers to doe them iustice in their iust cause If so than what meaneth the blearing of the sheep the grievous coÌ„plaint of Gods Ministers in many places of this land who are unjustly oppressed suspended excommunicated outed of their livings and so themselves families undone in their worldly estate You will say why doe they not complaine to us If they doe not it is because some of them have done so and yet found little or cold reliefe and because the common rumour goeth that the course of Iustice is stopt in such cases so as none dare plead their cause or open their mouths against the Prelates But I hope better And if none be found to plead this cause of God I hope your Worships will give me leave according to the right of law to plead it and your selves will give true judgement For