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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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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
to bring it out into the face of the sunn here they may be assured of justice without any suspition of partiallity My reasons vsed in my last supplication vnto your Hh. against their gouernment are but a fewe if D. Bridges or any of their side can answere them I wil grant my selfe to haue oppugned the truth and soe wil destroie my selfe that which I haue built amisse otherwise they shewe them selues to be but vpholders of a ruinous building and the repairers of that which wanteth a foundation They can not refuse you of the Parliament to be their judges vnlesse either they think much to be tried by you or because as it is in the prouerb they which do euil hate the light They will it may be alleage the prerogatiue of their commission to be very large what then doe they think herby to haue libertie to oppresse whom they will doe they thinke hereby to be aboue the parliament whereunto al courts in the land are and ought to be subiect and from whence the highe commission deriueth al the prerogatiue it hath Are al courts yea and al persons in the land subiect vnto the parliament only the Archb. and the high commission excepted What else were this but for them to claime a forreine authority vnto them selues and to begin after the manner of their predicessors to shake of the yoke of the ciuil authoritie Frō which suspicion as they would cleare themselues so must they be content to yeeld that the parliament may be the judges betwene vs. Except they be ashamed of their cause and their proceedings therein they cannot possibly refuse this offer of just trial And no reason they should for they cannot pretend them selues either to be greater in power or more forward in good wil to administer justice then the R. honourable assembly of parliament is well knowne to be Though I feare me R. honorable worshipful that the Lord wil enter into judgment with you for the smal care you haue to yeld his sonne Christ Iesus his right in this kingdome If heere they should demaund by what authoritie either I may lawfully appeale from them or by what obligation your honors are bound to giue eare vnto my complaint although both be alredy shewed yet a farther answere vnto both are to ensue as followeth I appeale from them at whose handes I can receiue no equitie by the same commission that the apostle Paul and the prophet Ieremy appealed vnto the ciuil magistrates from the vsurped and tirannical high priestes in their daies The accepting of Paules appellation by Festus an heathē judg and the deliuery of Ieremy by the princes of Iudah from the slanderous accusations and wrongful proceedings of the wicked priests and false prophets besides many other vnanswerable reasons do necessarily bind me to appeale and the parliament not to denie me the shadowe of their winges vnder which I may be kept from the violence of mine enemies when Festus willing to get fauour with the Iewes vsed this speech vnto the apostle wilt thou goe then to Ierusalem and there be judged of these things before me Paul knowing that at Ierusalem the malice of his enemies would be more likely to take effect then else where answered I stād at Cesars judgment seate where I ought to be judged If I haue done wronge or committed any thing woorthy of death I refuse not to dye but if there be non of these things true whereof they accuse me no man can deliuer me vnto them I appeal vnto Cesar his appellation was receiued of the Pagan judge Nowe my state being not in respect of danger altogeather vnlike the condition wherein the holy Apostle was at this time mine answere vnto the high commission is I appeale vnto the parliament where I ought to be judged If I haue done any wronge or committed any thing worthy of death I refuse not to dye The parliament wil not be partial in administring justice vnto me according to my deserts But if there be nothing laied to my charge but the defence of Gods cause and the oppugning of impietie and corruption no man ought to deliuer me into your hands whoe care not whome you aflict in the maintenance of your owne kingdome I appeale vnto the parliament I am in regard of my safety as necessarily driuen therunto as the Apostle Paul was ro appeale vnto Cesar or rather more For he might conceiue some hope of justice when he was to be judged of Festus who did not so mortally hate his cause as the high priest and others his accusers did whereas I am to haue you for my judges who also are mine accusers and sworn enemies vnto the cause I appeale to the ciuil state I hope by their meanes to be heard and deliuered from your tyrannie As the prophet Ieremie was in the like case by meanes of the princes in his time The high priests and prophets judged him wor●hie to die the princes hearing his cause debated in their presence deliuered him out of danger The whol action is set downe cap. 26. of his prophesie in these words Now when Ieremy had made an end of speaking all that the lord had commaunded him to speak vnto al the people then the prists and the prophetes and all the people tooke him and said thou shalt die the death Why hast thou prophesied in the name of Iehouath saying this house shalbe like Shilo and this city shall be desolate without an inhabitant And al the people were gathered against Ieremy in the house of the Lo●d And whē the princes of Iudah heard of these things they cam vp from the kings house into the house of the Lord and sate downe in the entry of the newe gate of the Lords house Then spake the priests and the prophets vnto the princes and to al the people saying this man is worthy to dye for he hath prophesied against this city as you haue heard with your eares Then spake Jeremiah vnto all the princes and to all the people saying the Lord hath sent me to prophesie against this house against this city al the things that you haue heard therefore now amend your waies and your workes and heare the voice of the Lord your god that the lord may repent him of the plague that he hath pronounced against you As for me behold I am in your hands doe with me as you think good right but knowe you for certaine that if you put me to death you shall surely bring innocent bloud vppon your selues vppon this City vppon the inhabitants thereof for of a trueth the lord hath sent me vnto you to speake al these wordes in your eares Then spake the princes al the people vnto the priests prophets this man is not worthye to dye for he hath spoken vnto vs in the name of the lord our god Let my cause now right Honourable be weighed with the prophecy in this place thereby it shal appeare
vnto you that necessitie is laied vppon me to appeale from mine aduersaries and that yee are bound to heare my cause by the example of these noble men Jeremy was judged by his enemies worthy to dy and I assure my selfe it was not their falt that he was suffered to liue They wanted but power and opportunity to dispatch him They did what in them lay when they apprehended him and adjudged him woorthy to die for speaking against the State The princes hearing the greeuousnes of his accusation thought them selues bound to try out the matter and sitting in judgment heard the cause equally on both sides and so cleared the prophet Nowe had Ieremy done wel if hearing the greuous accusations of his enemies he would not haue taken th'oportunitie offered him by the lords prouidence to haue judgment at the hands of the princes he had not out of question or had the princes don wel in beleeuing th'accusations and slaunders of the prists and false prophets against him and so in permitting the prophet to be debarred of his libertie without any farther examination of the matter or had they done wel in sitting stil while the pore prophet and his mighty aduersaries tried out the matter They sawe an other duty to be required of them and therefore presently without delay they holpe him that was ready to perish The case is now with me as it was then with the prophet I am judged by th'Archb of Canterbury and others in commission with him to be a man vnworthy to liue in any State And I haue more cause to thanke the Lord for the peaceable gouernment of her right excellent majestie thē for any fauour of mine enemies that I now breath aboue the earth I must either appeale from them or be guiltie of mine owne blood I appeale therefore vnto the high court of Parliament and if ye therein assembled either credite the slaunders of mine aduersaries before ye know the cause or sit stil in rejecting my just Appellation and suffer them to persecute mee without a cause Festus an heathen Iudge and the princes of Iud●h will rise vp in judgment against you For the same God that required at their hands the deliuery of his seruants out of the handes of their rauening enemies requireth of you th' equall hearing of my cause And if ye suffer me to fall by their meanes you shall bring innocent blood vpon your owne selues and this whole kingdome My case at this time is the case of the poore the fatherlesse the stranger and the widdowe and therefore in that respect ye ought to haue a special consideration of it For not to deliuer the widdowe and the fatherlesse from the violence of the oppressor when it lieth in your power what is it else but for to oppresse the poore the widow and the fatherles concerning whome the Lord hath thus spoken If thou vex or trouble such so he cal and cry vnto me surely I wil heare his cry And then shal my wrath be kindled I wil kil you with the sword and your wiues shalbe widowes and your children fatherlesse Either then by graunting vnto me righteouse judgment ye of the parliament must deliuer me from oppression and wrong or I must be forced to account you among the number of mine oppressors And you knowe that being oppressed and troaden downe I am bound to cry to the Lord for aide otherwise I shal disobey his commaundement Psal 50. 15. Acquainting him with my griefe he hath promised to heare my suite what will followe thereof you cannot I am sure be ignorant For then he hath protested that his wrath wil be kindled against you that he will deuour you with the sword and cause your wiues to be widowes and your children fatherlesse doe ye not then see your selues bound to receiue mine appellation with such a bond as in wisdome ye ought to take heede that ye incurre not the danger thereof Although then I be a thousand degrees inferiour vnto mine aduersaries in regard of outward things yet by the mercies of the Lorde I haue the vpper hand of them in the goodnesse and equitie of my suite For I come vnto you in the name of God most humbly intreating and earnestly beseeching that in a good matter euen in my right I be not ouerthrowen by the power of vnconscionable enemies and therefore many waies I come not without th'vnreasonable support of my peticion I come euen with that warrant by the vertue whereof the poore the widowe the fatherlesse and the stranger are of due to haue their right against the mightiest potentate vnder the sunn And that is the commandement of the Lord of heauen and earth concerning th' administration of justice without partialitie you shal haue no respect of persons in judgment saieth the Lord but shal heare the small as the great you shal not feare the fuce of man for the iudgment is Gods And again you shal not doe vniustly in iudgment Thou shalt not fauour the person of the poore nor honor the person of the mightie but shalt iudg thy neighbour righteously These ye knowe are the commaundements of the land wherby ye are bound to heare me vnlesse ye think you may haue respect of persons in judgment for if the Archb. or any of his associats came vnto you to be heard against me you would easely condiscend vnto the motion The like fauor are ye bound to shewe vnto me because you are to heare the smal as well as the great and ought not to fauour the person of the mightie It is not vnknowne vnto you what the prophet Esaiah spake of the judges in his time because they would not help the fatherlesse to his right nor suffer the widowes cause to come before them would ye avoide the just desert of that reprehension Then I beseech you helpe me to my right and suffer my cause to come before you least it may be truely saide of you that you execute no judgment no not the judgment of the fatherles and oppressed And albeit you wil not doe this in regarde of my person which a● as the fatherlesse as the poore and as the stranger yet deny me not the same either in ●●spect of the cause of God for the which I am t●oubled or in consideration of th' equity of mine aduersaries from whome I can neither hope for justice in my trial nor safety from danger The cause of this my trouble and perill as before hath bene briefly touched is only that the Lord vouchsafed me the fauour to motion a redresse of the great ignorance and corruption which at this day raigneth in the church within my country And because I doe not conceile that which in conscience I am bounde to lay open namely that the blindnes and ignorance of our blind ignorant guides the tiranny vnlawful bondage and vnjust oppression of Gods church by vngodly and tiranical Lord Bishops with the rest of th'vnlawful church gouernoures who