AN APOLOGY OF AN APPEAL.  
ALSO AN EPISTLE TO THE TRVE-HEARTED NOBILITY.  
By Henry Burton, Pastor of St. Matthewes Fridaystreet.  ACT. 25. 11. 
No man may deliver me unto them: I appeal unto CAESAR.  
Printed, Anno Dom. 1636.   

TO THE KING'S MOST EXCELLENT MAJESTY.  
MOST DEAR AND DREAD SOVEREIGN,  
When upon just grounds (as I humbly conceive, and am confident) I appealed from Parties and Adversaries to your Sacred Majesty for justice in so weighty a cause, as here is presented before you: I thought long ere this to have had the happiness, to have presented both an humble Petition, and Apology to my Appeal to your Majesty, in mine own person. But two causes especially hindered me: the one, God's hand of visitation in this City, which continuing so long and great, I durst not make my approach to the Court, and chief to Your Majesty's Sacred Person, lest I might give offence: the other (and which of the twain is much more perilous to myself) the Pursuivants continual watch about my door, threatening to catch me, and make me fast, or run my Country (as he saith) so as I cannot pass in or out, without present danger. And I confess I have small list to come into that Lion's den, Quia me vestigia terrent: not that I am afraid of any such terror, as not if conscious to myself of any such crime as they lay to my charge; but (as the Apostle said in the like case) If I be 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 me unto them: I appeal unto Cesar. And blessed bee God, that I have such a Christian Cesar to appeal unto. Neither yet have I neglected what possible, or probable means I could use in Court (being an old outcast Courtier, worn out of all favour and friends there) for the conveying of my said Apology to your Majesty but in vain. So as being now out of all hope of acquainting your Majesty with so great a cause, by that way and means as I desired: I am at length compelled to give forth copies, in hope at least, that some well minded man, or noble spark, may upon the sight thereof (considering how nearly it concerneth the peace, safety, welfare, and honour of your Majesty, and Kingdom) be inflamed witb so much zeal to your Majesty, as overcoming all cowardly fears, to dare to do you so much worthy service, in bringing a Copy to your Majesty's hand, that so you may therein read the many and great disasters and dangers, where into this your Kingdom is in a precipitancy 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 necessary, that coming haply into the hands of some of your Wise and Sage Counsellors, David's friends, they might be a means not only to bring it to your hands, but the more to engage your Majesty to the perusal of it; considering how many would be ready to ease your Majesty of such a commodity: And now, my Gracious Sovereign, as I have ever bend my chief Studies to your Majesty the best and faithfullest service I possibly could: so I am persuaded I could not in all my life have had a fairer and fit opportunity to express my fidelity to your Majesty then now, in a case so important, as if your Majesty shall but take sound notice of it, it may prove the happiest service, that ever a poor subject could do to his Prince and Country. Nor am I ignorant, how busy many would be to divert your Majesty from the Consideration of such matters, as this; as if the great affairs of a Kingdom pertained not to the King, but that he might take his pleasure, and leave the care of his Kingdom to others. But my Lord the King is Wise, as an Angel of God, considering whose vicegerent he is, and before whose awful Tribunal he must give a strict account, how he hath managed so weighty a charge of so many souls committed to his trust. Again, what censures may I expect of them, who cannot endure to have their deeds brought to the open light? They will be ready 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 me, by their calling me forth upon the stage, and by their strange molesting, and prosecuting of me, as if I were a felon, or a traitor: and secondly, for as much as they declare their deeds, as Sodom, and hide them not, and with a high hand maintain them too, which is the highest pitch of all impiety: can they with any reason blame me, for divulging their practices, which they shame not to pester your Kingdom, and oppress your good people withal, who therefore have need publicly to be warned of them, lest they be seduced by them?  
But not to detain your Majesty longer, be pleased to read over this my Apology of Appeal to your Majesty, that your Majesty may both discern the depth of the whole business, and may be pleased thereupon to rescue your old servant out of those troubles, which he suffereth for discharging a good conscience towards God, and your Majesty. Now the Lord give you understanding in all things.  
Your Majesty's loyal subject, and faithful servant Henry Burton.   

TO THE KING'S MOST EXCELLENT MAJESTY.  
The humble Appeal of me Henry Burton Clerk, from the proceed lately made in the name of some Commissioners, for causes Ecclesiastical against me, together with an humble Apology of the said Appeal.  
THE occasion of my Appeal was upon the reading of certain 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 answer to the said Articles, I replied in these words, or to the like effect. I humbly Appeal to the King's Majesty my Sovereign and Patron, as my judge in this cause, before whom I shallbe both a defendant and a complainant; for I hold it unfit, that they who are my Adversaries, should be my judges.  
Now the reasons and grounds of this my Appeal are these following: First, the general 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 November last, upon this text of Scripture. Pro. 24. 21. 22. My Son fear 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 ruin of them both? And in the Sermons sundry specialties, and those chiefly concerning divers Innovations, which my text did naturally lead me to speak 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 Book of Common Prayer: First in the Collect for the Queen and royal Progeny these words are put out in the later Editions: Father of thine Elect, and of their Seed: as if they would blot out the King, Queen and the royal 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 jesus every knee etc. Which alteration is directly against the Act of Parliament. The second book 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 Majesty; the Queen, the Prince, and the States of Parliament. For in the former book it is thus said. 〈…〉 their Counsel, and root out that Babylonist 〈◊〉 Antichristian Sect, which say of jerusalem, Down with it Down with it even to the ground. But in the new book printed 1635. it is thus. Infatuate their Counsel and root out that Babylonish and Antichristian Sect OF THEM, which say of jerusalem etc. Again in the old book 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 cut of these workers of iniquity, whose Religion is Rebellion, whose Faith is Faction etc. 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 cut of THESE workers of iniquity, WHO TURN RELIGION INTO REBELLION, AND FAITH INTO FACTION.  
The third Book, wherein they have made many alterations, is the Fast-Book set forth by your Majesty's Authority in the first year of your Reign, and which your Majesty in your late Proclamation commanded to be reprinted and published and read in Churches at this Fast: Yet notwithstanding we find these alterations in the last impression this year in the first Collect these words are expunged: Thou hast delivered us from Superstition and Idolatry, wherein we were utterly drowned, and hast brought us into the most clear and comfortable 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 several prayers the mention of the Lady Elizabeth your Majesty's only Sister, and her issue. Also the prayer for the Navy, and the prayer for seasonable weather. And a whole Collect beginning thus. It had been best for us etc. Also in the last page. Order for the Fast, are these words left out. To avoid the inconvenience that may grow by the abuse of Fasting, some esteeming it a meritorious work, others a good work, and of itself acceptable to God, without due regard of the end etc.  
Again, they charge me that I spoke 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 hear, especially in greater Churches; and against putting down of Sermons in the afternoons upon the Lords days, and instead thereof nothing allowed, but Catechising by bare Question and Answer out of the Common Prayer Book, without expounding the Principles of Religion laid down in the Creed, ten Commandments, 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 Norfolk and Suffolk were suspended from their Ministry and means, 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 down; but refer unto the Articles themselves, remaining with the Register of the High Commission. All which Innovations expressed, being found by evident proof to be most true, contrary to the Laws and Statutes of the Realm, the established Doctrine and Discipline of the Church of England, your Majesty's Declarations and Proclamations; and many of them of very dangerous consequence, tending to justify and extenuate notorious treasons and traitors, advance and usher in Popery, Superstition and Idolatry, and giving general distaste to all your Majesty's loyal and faithful Subjects, who here upon grow jealous of some dangerous plot now in agitation by these Innovators, to undermine and overthrow both our Religion & good Laws: yet my mentioning of them in my Sermons merely out of loyalty and duty to your Majesty upon that solemn day for which they were most proper to warn my flock to take heed of such Innovations, as whereby Popery and Superstition do not only craftily creep & steal in upon us, but is haled in with head and shoulders, is charged upon me as Sedition: Here then let your Majesty be pleased to judge whither this be matter of Sedition, as for which I should be suspended from my Ministry and means, and openly defamed as a seditious person. As if a Shepherd admonishing his sheep of the danger of the wolf, or a watchman the City of the approach of the enemy, or a faithful and vigilant Servant to his Prince and Country, descrying Cunning traitors, who under a colour of friendship and fidelity to the King and State do practise the overthrow of both, should therefore upon the outcry of the wolf, or the complaint of the enemy, or the recrimination of the Traitors, be adjudged and condemned of Sedition, for discharging that duty, which both God, and his word, and the souls of God's people require of him. Thus much of the matter of the Articles, upon the very resoltancy where of I was moved to Appeal, as aforesaid.  
Again, for the further illustration of the just cause of my Appeal, I except against the in competancy of those judges, who plainly appear 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 Laws of God and Nature, which prohibit any man to be a judge in his own cause, especially when the party is an enemy to him, that is to be judged by him; and therefore by the Laws of God and man I have just cause of Appeal from them unto your Royal Majesty. Where in the first place, I distinguish and put a main difference, between those Honourable Nobles, judges, Counseillors of State, and other Lay persons of the High Commission, whom I except not against, but mention with all honourable and due respect, and between all those Prelates, who are Innovators (and eo nomine as they are Innovators only) together with all those that have a near relation unto them, and dependence upon them, as bearing office under them, and hoping for grace and preferment by them, which are the usual 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 appear in the cause, as Patrons to Defend and maintain 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 engage them parties in the cause.  
Secondly, because they are my Adversaries in the Cause, that this is so I prove as followeth. First, because they are Adversaries to those truths delivered by me, and charged by them as matter of Sedition against me; which notwithstanding I am ready to maintain against them with my life, although I never so much as once dreamt, that impiety and impudence itself in such a Christian State as this is, and under such a gracious Prince, durst ever thus publicly 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 objected against me, which I preached upon the foresaid text and day, alleged in the said Articles. My Son fear thou the Lord, and the King, etc. Wherein, according to my duty, and the text, I so much urged and pressed all manner of obedience and service to God, and to the King (as all those who heard me can testify) earnestly admonishing God's people and the King's Subjects 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 usurp such a title of their jurisdiction, as cannot consist with that title of jurisdiction, which the Law of the Land hath annexed to your Imperial Crown, from whence all manner of Ecclesiastical jurisdiction what soever hath its immediate and sole dependence 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. jac. c. 25. which repealed Queen Maries Act. of repeal 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 Ecclesiastical jurisdiction whatsoever unto the Imperial Crown of this Realm, enacteth the Oath of Supremacy and Allegiance eo nomine to that very end and purpose, that none should presume to exercise any Ecclesiastical jurisdiction within this Realm, but by virtue of the King's Letters Patents, and in the King's Majesty's name and right: notwithstanding these men against whom I except, as aforesaid, having all of them severally often solemnly taken the said Oath of Supremacy and Allegiance, & being undoubtedly bound thereby, do continually exercise their Episcopal jurisdiction without any such Letters Patents of your Majesty, or your Progenitors in their own names and rights only, and not in your Majesty's name and right, to the manifest breach of their Oaths aforesaid, and to the manifest usurpation of your Majesty's right, and in high contempt of your Majesty contrary to your Majesty's peace, your Crown, and dignity. And therefore under your Majesty's royal favour I account all such my Adversaries, and so in competent judges of my cause aforesaid. The rather, because this very Act, which they thus notoriously transgress, is the ground whereupon their Commission in causes Ecclesiastical is erected, and that principally for the better observation of the said Act, and the punishment of all Delinquents against it, as appears by all the Commissions Ecclesiastical into which this clause of the Statute is inserted. Now if these men thus daily infringe this Act themselves, and so abuse that very power and Commission by which they now claim to be my judges, in affront of your Majesty's royal jurisdiction, what indifferent justice I may expect from them, I humbly refer unto your Majesty's just and royal 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 weal, are Adversaries of God, and of the King: therefore they are my Adversaries. The first Proposition no good Christian, or loyal 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 fear of the Lord, and of the King. And those men against whom I have excepted, as aforesaid, either are the Innovators themselves, or chief Authors, Abbetters, or Countenauncers of those Innovations; and therefore they are my Adversaries, and so incompetent judges of my Cause.  
Fourthly, they are my Adversaries for this reason o● argument. They which are Christ's enemies, are my enemies. But these are Christ's enemies: therefore my enemies. That they are Christ's enemies, I prove. They who oppose the word of God in the Ministry of it, in stopping the mouths of God's Ministers and persecuting of them without and against all Law, are Christ's enemies. But these do so. Therefore etc. That they do so is clear by their practice, which will abundantly appear upon due examination.  
Fiftly, they who are the King's 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 King's enemies. Therefore they are my enemies. They are the King's enemies, that openly and affrontingly with a high hand and shameless forehead transgress and oppose his Majesty royal Laws, Proclamations and Declarations against all Innovations in matters of Religion etc. And thereby disturb the peace of his Majesty's Kingdom, and weaken the State thereof distracting the people's hearts, by making them both to feel their present oppressions especially upon their Consciences, and to fear the utter subversion of the true Religion by your Majesty's Laws established amongst us. Again▪ they who with all their might and main persecute and op●ign● those faithful, loyal Subjects, Ministers and people who most plead and stand for his Majesty's just and royal Prerogative in Causes Ecclesiastical, his Laws, 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 King's enemies. But thus do those from whom I Appeal. Therefore they are the King's enemies, and so mine. This suffice to prove those my Adversaries, and so incompetent judges of me and of my Cause.  
Finally, I have just cause to Appeal from those Commissioners excepted against unto your royal Majesty, for their illegality, which I have observed in their Proceed partly in their usual practice, and partly in this present cause. First, for their usual practice, and that in administering the Oath, which they term Ex officio, in which they transgress 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 drawn, upon their very first appearance: whereas in all other your Majesty's Courts of justice, no Oath is either exacted or administered, till after a Copy of the Information or Bill delivered to the party and his answer thereunto drawn up and engrossed by advice of counsel upon the putting in of his Answer into the Court and not before: which as it is contrary to the very Commission itself, which expressly limits them to administer Oaths in such manner and form as is used in the Chancery before the Masters thereof, where no man is forced to take an Oath, till the putting in of his Answer 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 justice in the Realm, to take answer, where there is just cause of Demurrer, but puts in a Demurrer by advice of counsel, without any Oath at all. And his so taking of a rash Oath, is directy against the 39 Article of our Religion: Of a Christian's man's Oath: In these words: As we confess that vain and razed swearing is forbidden Christian men etc. So we judge, that Christian Religion doth not prohibit, but that a man may swear 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 vain and rash. It is also against faith and charity, when the Oath is extended to accuse a man's self, or his neighbour unlawfully. Secondly in making the Oath which they administer, an usual share to those which take it. For although it be pretended, that thereby they are bound to answer to Articles in Court against them no further than the Law of the Land bynds them, yet being taken, they press it upon the man's conscience to answer 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 answer it, than they take it pro confesso, and so (although it be for accusing himself, or others, wherein he ought not, being a breach of charity and of that Maxim, Nemo tenetur prodere seipsum: and contrary to all Laws of God and man) they illegally proceed to Sentence without any just or further proof of the things objected.  
Moreover, their proceeding is illegal, in that the Deponent is not permitted to have a Copy of the Articles against him, and to answer them by the advice of counsel, as in all other Courts of justice within the Kingdom hath ever been used, but must make a sudden answer without advice of counsel, wherein men commonly through ignorance of the Law, ambiguity of certain terms, and captious Interrogatories, are enforced to ensnare 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 justice in all other your Majesty's Courts within the Realm, which admit of no Addition to the first Bill, Indictment, or Information exhibited, after answer 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 aught to do by Law. Thus for their illegalities in their usual proceed.  
Secondly, their illegality in this their proceeding against me in particular is a just cause of my Appeal; which consist of two particulars: First, in the subject matter of the Articles objected against me, which themselves term therein Sedition, of which (admit it true) yet they have no cognisance in point of Law; Sedition being no Ecclesiastical offence against the Church, but a Civil against the King and State; and therefore to be tried only in your Majesty's Courts of Civil justice, and not before the Ecclesiastical 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 Priest with the Elders, and Tertullus their Advocate, that they had found him a pestilent fellow, and a mover of Sedition among all the jews throughout the world, and a Ringleader of the Sect of the nazarenes (Acts 24. 5.) they did no convent him before them in their Ecclesiastical Consistory, but before Faelix the Governor a temporal Magistrate, knowing well, that Sedition was not an Ecclesiastical, but a Civil offence, of which Paul there purged himself, 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 do in any Court of justice against me. Since therefore they are so 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 Appeal from them.  
First, in the manner of their proceeding against me, which hath been very exorbitant, illegal, and extraordinary, in these particulars- First, in serving me with a Citation to appear 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 answer to them, contrary to the Law, and their own usual course.  
Secondly in excluding my neighbours and friends that accompagnied me thither, out of the house, that they might not hear, or see what was done, and tendering me both the Articles and the Oath in a private room where Dr. Duck and the Register only were present: Whereas all Courts of justice ought to be public, that all that will may see and know their proceed, in them, and not in a corner.  
Thirdly intendering me an Ex officio Oath, to answer and accuse myself, 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 publicly averred, that in matter of life, liberty or scandal, it is not the course of that Court to require any such Oath, or to enforce any man that hath taken the Oath, to answer to any such Articles. And Paul himself, when he was accused for Sedition by Ananias the High Priest & Tertullus, was neither required nor enforced to take any such. Oath, as appears by Acts. 25.  
Fourthly, in that they would enforce me to answer upon Oath, and bring in a Copy of what I publicly preached in my Parish Church, which I conceive I am not bound by the Law of God or man to do, nor ought they to require. For (john the 18. 19 20. 21. 22. 23.) when the High Priest asked jesus (being convented before him) of his Disciples, and of his Doctrine: jesus answered him, saying. I spoke openly to the world, I ever taught in the Synagogue and in the Temple, whither the jews always resort, and in secret have I said nothing. Why askest thou me? Ask 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 jesus with the palm of his hand, saying. Answerest thou the High Priest so? jesus answered him: If I have spoken evil, bear witness of the evil, but if well, why smitest thou me? A plain testimoney from our Saviour's own Doctrine and Example (which no man can condemn as unjust or illegal) that no Minister ought to be put so much as to give an answer, much less a Copy of what he publicly preached in the Church, and that upon Oath to prejudice or accuse himself thereby, but what ever he delivered, aught to be proved by witnesses, that heard him: and the High Priest being satisfied with this answer of our Saviour, I hope no High Commissioner, but aught to have rested satisfied with the like from me, though as yet they still proceed to press ●e to an Oath.  
Fiftly, in calling a Private Commission out of Term, ●n or near Dr. Ducks private Chamber at Doctor's ●ommons, and no public 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 ●o lawful Citation under Seal then and there to appear. Secondly no sufficient legal notice of the time and place of the said Commissioners meeting, and so was not bound by Law to appear before them, especially in a Corner, out of Term, in an unusual manner.  
Sixtly in suspending me, notwithstanding my Appeal to your Sacred Majesty entered formerly at Dr. Ducks house at Cheswick by their own Register before the said suspension, of which my Appeal, being registered in the Court, they ought all to have taken notice.  
Seventhly, in suspending me against all Law and justice, both from my Office and Benefice, in my absence, as if formerly lawfully convented before them, and publishing the said suspension in an unusual manner in my Parish Church, and commanding all Parsons, Vicars, Curates, Clerks and Ministers within the City of London to whom the 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 several Parish Churches, when the Congregation shallbe then and there assembled to my intolerable disgrace and scandal.  
Eightly in taxing and condemning me of Sedition, and other misdemeanours in their said suspension, before either hearing my Answer, or the Cause,  
Ninthly, in denying me a Copy of the Articles exhibited against me, to perfect this my Appeal to your Majesty by, and to annex them thereunto and refusing to give me a Copy of the Acts of the Court and proceed against me, though I have often sent for them.  
These, my most Gracious Sovereign, are the grounds & reasons of my Appeal from the said Commissioners excepted against, to your Majesty, my Sovereign Lord and Patron, which together with my person and cause I here humbly prostrate at your Majesty's royal feet, imploring the justice of your royal Throne (which is established by righteousness) and that in so important a Cause of God and of the King, which I am certain you will never deny to your meanest Subject, much less to your ancient Servant and daily Orator to the Throne of Grace,  
Henry Burton.   

TO ALL THE TRVE-HEARTED NOBILITY OF HIS MAJESTY'S Most Honourable Privy Council.  
MY HONOURABLE LORDS,  
Expect not here from me the Court language or dialect; it will not suit my person, much less the cause, which here I present to your Honours; being such a cause, as I know not how the Court spirit will relish it, much less digest it. Let me therefore be bold, in the first place, to awaken those Nobler spirits (if haply either laid and lulled asleep by the enchantments of these present times, or otherwise smothered under the heap of Court employments, 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 years; being a cause so much concerning the honour of God, the peace, welfare, and honour of the King, the State of Religion and of the Commonweal by good Laws established, the liberty of our consciences, and the honour of your Lordships, being Peers of the Realm, Counsellors of State, and so pillars of the King's Throne, of Religion, and of the Republic; all which do now exceedingly suffer, and are terribly shaken, yea ready to fall to ground, if not prevented by some speedy and effectual remedy. And whence should remedy be expected, but (next unto God) from his Sacred Majesty, and from his prudent and faithful Counsellors of State, the great chariots and horsemen of Israel? To the end therefore, that his Majesty may take notice of so weighty a cause in hand, and lay it to heart, and strengthen his hands with justice to vindicate his honour therein, I have humbly addressed myself to his Majesty both by petition and Appeal, and next to your Honours by way both of information and of solicitation to give your eyes no sleep, till you have effectually moved his Majesty to a serious consideration of such a cause, that so nearly concerneth the weal or woe of this Kingdom. Not that I take upon me to judge of such high matters, but that his Majesty would be pleased to weigh the cause in the just scales of his mature wisdom, and unpartial judgement (all respect of persons laid aside) and also consult his sage Senators therein, that some thing may be forthwith resolved on, and set on foot, for the preventing (if possible) of the imminent ruins both of Church and State: Nor let this motion be contemned, because it comes from so mean a person, as (in the world's opinion) a poor Minister of Christ. Certainly, I am one of the watchmen of Israel (though the meanest) yet one who hath obtained mercy to be faithful. Nor have I inconsideralty or rashly rushed upon this business, but have been by a strong hand drawn into it. Yea, my Lords, know assuredly, that Christ himself, my great Lord & Master, hath called me forth to be a public witness of this great Cause, who will certainly maintain both it and me against all the Adversaries of God and of the King. And being so, doth not the same Lord jesus Christ, the King of Kings, and Lord of Lords, call both the King, your Honours and all his Nobles and worthies to lay to heart such a cause as this, if with the whole Realm you will not be brought back again under the Papal and Antichristian yoke, which, where ever it comes, Lordeth, and tyrannizeth over souls, bodies, consciences, goods, laws, and Liberties? What? shall we see Religion overturned, the Laws out lawed, our Liberties captived, Christ Kingdom and the King's throne together undermyned, and Antichrists throne exalted over us, and that by a Faction of jesuited Polypragmatiques, and we like heartless doves sit trembling while the Hagards do outdare us, as if we were made for nothing else, but for them to prey upon? Certainly if we thus sit us down, and hide us under the hatches, while the Romish Pirates do surprise our Ship and cut our throaths, and cast us overboard, what volumes will be sufficient to Chronicle to posterity the baseness of Degenerate English Spirits, become so unchristianized, as to set up Antichrist above Christ, and his anointed, and to suffer ourselves to be cheated and nose-wiped of our Religion, Laws, Liberties, and all our Glory, and that by a sort of bold Romish 
* Such as Francis a Sancta Clara, and other his jesuitical Compli●●●.  Mountebanks and jugglers?  

Objection. But some will object, what doth this concern any of the Laity. Do not matters of Religion properly pertain 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 error! The Clergy only (by which they mean 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. Again, what should become of our Parliamentary Laws, by which our Religion hath been established, and the Popish abolished? Or what shall become of our Religion so established, if the Authority thereof must now depend only upon nthe Clergy, & that Clergy for the most part depends upon the authority of one, who exerciseth a kind of Papal power in dedermining matters of Religion? Then how easy were it for one Archbishop of Canterbury (if he be possessed with a Papal spirit, and zeal 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 again the whole body of Popish superstition and Idolatry? Moreover, why should it be unlaufull for lay persons, Nobles, and others, to look into matters of Religion within the limits of their calling, whether general, as Christians, or special, as members of the common weal; when Clergy men dare (in affront to God's word, to Christ's Doctrine and example, & of his Apostles, to all Counsels and Canons whatsoever) usurped & take upon them to intermeddle in the managing even of the highest and weightiest affairs of Princes, States, and temporal Kingdoms, which is incompatible with the ministerial function? Again, have not all Christians souls to save? and are not those of Berea 
* Acts 17. 11. 12.  indigitated in Scripture, as being more honourable than others, in searching the Scriptures daily whether those things were so, which even the Apostle Paul himself did teach? And are not all Christians themselves enjoined to try the spirits, whether they be of God? And the rather, because many false 
* 1. Io. 4. 1.  Prophets are gone out into the world 1 john. 4. 1? And are not all Christians so to know the Scriptures, as if any teach 
* Gal. 1. 8.  otherwise, yea though Angel from heaven, to hold him accursed, Gal. 1. 8? And are we not all Christians? And if every Christian how mean soever should have a care of his own soul, and not to pin it upon any one's sleeve, as not knowing whither he 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 wisdom and glory? It is a jusuiticall principle, and that very mystery of iniquity, which supports Antichrists throne, to require or render blind obedience to the dictates of the Church, alias, of the Pope, or Prelate, or Priest, than which servitude and spiritual bondage none in the world is more vile and base, none more perilous and pernicious. Thus the 
* Math. 1●. 14.  blind leading the blind, both fall into the ditch: thus the Pope carrying with himself millions of souls to be tormented with the great Devil, and none to reprove him for it (as their own decretals say) what amends will this be to those souls thus miserably deceived by him? So as this new doctrine of the jesuites, so much cried up now adays in Pamphlets and Pulpits, thereby to captivate the faith and Conscience of all the Laity, yea and of all inferior Ministers to the dictates of the Metropolitan chair, is nothing else, but that prime Article of the Antichristian and Papal Creed, to overture all the Articles of our Christian Faith. And if this jesuitical Doctrine be crept into the Court, and there begin to Lord it, the Lord himself root it up, and cast it out. But your honours have not so learned Christ, as thus to come under 
Ephes. 4. 20.  Antichrists Babylonian yoke. And therefore in the name of Christ rouse up your noble & Christian zeal, & magnanimous courage for the truth, and now stick close to God and to the King, in helping the 
* judges▪ 5. 23.  Lord and his Anointed against the Mighty, and earnestly contend for the maintenance of that Faith 
* jude. 3.  & Religion, which was once delivered to the Saints, and hath been sealed with the blood of so many holy Martyrs, and transmitted down to us from our worthy Progenitors, and whereof our gracious King is entitled the Defender, and hath in sundry his royal Declarations and proclamations solemnly protested, that he will never suffer the least Innovation, and which also your Honours have bound yourselves not only as Christians in your Baptism, but as Counsellors and Statesmen by Oath to maintain, not suffering any foreign or other exorbitant and usurped power to be exalted over this Land in any other jurisdiction Ecalesiasticall, then is by the Law annexed to the Imperial Crown of this Realm. To conclude, the Cause both of my petition and Appeal to his Majesty, is this, That usurpers and Innovators of Religion, and of the Laws of the Land, being occasionnally and justly charged by me in my sermons (as here your Honours may see) may be inquired on, & called to a strict account. And the rather when now they show by their recrimination in the articles objected against me, how ready they are openly upon the stage to maintain with an high hand those their usurpations & Innovations; Which, as it cannot be without impiety, so much as once imagined, that his Majesty would ever countenance, against so many solemn protestations to the contrary: So it cannot be without horror conceived, into what devouring gulfs they must needs precipitate this otherwise goodly State, if with God's good help the King & State jointly and speedily put not to their main strength to stay it. All the world seethe in what a distracted estate things do stand, and what a cloud of divine displeasure hangs over us, how ill we thrive in our affairs how heavily the chariots are driven. And can we wonder but that God should blast all our beauty and glory, if men of belial, of that lawless one, be suffered to make havoc of Christ's Kingdom, to destroy the true Religion and to set up again Popish superstition and idolatry over the Land? Certainly, if such be suffered to go on thus, as they do, God must needs destroy us. Therefore my honourable Lords, give me leave again and again to press this upon your Honours, as a main service which you own both to God, to the King, to Religion, and so to your Posterities, and to the whole State that your Honours will use your best means throughly to acquaint and possess the King with this weighty business; That upon the sight thereof his wisdom, directed by God's spirit, may find out a speedy course for the removing of those intolerable greivances under which his whole Kingdom groaneth, ready to sink, and to breath out its last. And what ever the present necessities be, this I am persuaded of, that never could a fairer opportunity be taken, if well followed, to vindicate his Majesty's honour, and to make him the most happy & glorious King in Christendom, when closing with God and with his good people, he should at least reduce into order the troublers of Israel. Now the Lord our God fill your heroical hearts with understanding, zeal and courage, that you may acquit yourselves as good Christians towards God, faithful 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 honourable days here, you may be crowned with eternal glory in the Kingdom of heaven, which is the prayer of  
Your Honours humble Orator at the Throne of grace, Henry Burton.    

TO THE REVEREND And Learned JUDGES.  
RIGHT WORSHIPFUL,  
Your place and office of judicatury to which God and the King have called you, engageth you to do justice to all impartially, as being bound thereunto both by law, and conscience. By law: For, 
* Magna Charta. cap. 29.  justice shall not be sold, deferred, nor denied to any man. And, 
* 2 Edw. 3. c. 8.  No Commandment under the great or little seal shall disturb or delay justice, or right in any point. And, the justices of both benches, Assize etc. shall do right to all men, without regard of letters, writs, or Commaundments 
* 18. Edw. 3. State, 3. 20. E. 3. c. 1. 2.  etc. Secondly. by conscience; For the law prescribes, this Oath, unto you. Ye shall swear, that well and lawfully ye shall serve our sovereign Lord the King and his people in the Office of justice and that lawfully ye shall counsel the King in his business ye shall do even Law and Execution of Right to all his Subjects rich and poor without having regard to any person etc. and in case that any of what estate or condition they be, come before yau in your sessions etc. to disturb the execution of the Common law, or to menace the people, that they may not pursue the law, that you do 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 ordain a convenable remedy; and that ye deny to no man common right by the King's letters, nor none other man's, 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, & go forth to do the Law, notwithstanding the same letters. And in case ye be from henceforth 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 help etc.  
Now these things I recite (most Learned judges) 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 do justice in a cause which here I present unto you. And yet when I do but name the cause, namely for God and the King, what needs any other incitement to do justice, than your own propensity? In this case, which of you will not profess to be For God and the King? Well. I take it for granted, that you are and willbe for God and the King. Only 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 Christ's Person, but his members and Ministers. And to his Disciples he saith. He that honoureth you, honoureth me; and he that despiseth you despiseth me. Are you then for Christ? Then you must be for his Ministers, to do them justice in their just cause. If so, than what meaneth the blearing of the sheep, the grievous complaint of God's Ministers in many places of this land, who are unjustly oppressed, suspended, excommunicated, outed of their live, and so themselves & families undone in their worldly estate? You will say, why do they not complain to us? If they do not, it is because some of them have done so, and yet found little or cold relief, and because the common rumour goeth, that the course of justice is stopped 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 yourselves will give true judgement. For as I am Christ's Minister, so I am the Kings faithful subject, & crave justice at your hands according to the King's laws, and oaths. Yea his Sacred Majesty himself hath declared his will to this purpose, in the Petition of Right, saying, The 
* And shall the greatest Prelates will or pleasure then countermand this his Majesty's will, and Royal printed mantate to your Worships I prove not.  King willeth that Right be done, according to the Laws and customs of the Realm; And, that the Statutes be put in due execution, that his Subjects may have no cause to complain of any wrong, or oppressions, contrary to their just Rights and Liberties: to the preservation whereof he holds himself in conscience as well obliged, as of His Prerogative. And in Person thus: I assure you my Maxim is, that the People's Liberty strengthens the King's Prerogative, & the King's Prerogative is to defend the People's Liberties. This being so, the King's Prerogative, his just laws, & the People's liberties, are so combined together that they must be altogether preserved entire, so neither, can you be so for God, but you must be also for the true Religion, & for his faithful Ministers; nor secondly so for the King but you must be also for his Laws, and his people's rights & liberties, sith the King and his people make one politic body; and he cannot love the Head, who seeks to hurt the members; or who sets the Head against the members, or who for advancing the Head, destroys the members; or who maketh a Schism and rent between the Head and the members. And are not the Laws of the Kingdom the ligaments, which fasten and unite the Head and members, the King & his people together? It is your charge to see that these ligaments be not dissolved, but preserved safe and sound: else the whole, both Head and body, (of which yourselves and Posterity are members) must needs suffer together. O then, what a weighty charge lies upon your shoulders at this time, when the whole frame both of the Republic and Religion so shaketh, as it threateneth sudden ruin, if the Laws, whereon they are established, be not maintained in their full strength and vigour? Do not your Wisdoms see a new generation of Innovators risen up in this Land, who usurping and practising a Papal and Antichristian Power and jurisdiction, exempted from the King's Laws, and not depending (as they pretend, and profess) on the King's sole Prerogative and Authority, do thereby begin to overtoppe the Royal Throne, and trample the Laws, Liberties, and just rights of the King's Subjects under their feet? What meaneth that difficulty of obteineing of Prohibitions now adays whereby the King's innocent Subjects should be relieved against their unjust molestations & oppressions in the Ecclesiastical Court and high Commissions? 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 choose rather to sit down with loss of all, even of the cause of religion itself, them go to law, against a Prelate? What meaneth that lawless insolency and boldness of many Prelates? who against law and conscience, against the express Doctrines of our Church, and against God's word, the ground and rule of our Faith and Religion, dare of their own heads bring in, set up in Churches, and impose upon Ministers new rites and ceremonies (contrary to the Act of Parliament before the Communion Book) Altars, Images, and Crucifixes, with sundry superstitious gestures of bowing, ducking, & standing up, with other notorious innovations (as even yourselves 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 conform unto them. What meaneth that Antichristian pride, & lawless power in vexing & conventing the King's good subjects, for observing the King's Laws, and executing of justice upon, or lawfully suing and indicting at the Common law, transgressors of the same by their bold innovations? the very hight of Antichristian tyranny, sedition and rebellion. I beseech your Lordships well to examine the original root and cause of all these insolent irregularities and illegalities, which not only tend to, but hasten on inevitable ruin both to the Church and state, if not speedily prevented? And so vindicate yourselves herein, as that you may clear yourselves from being the prime and principal causes of all the mischiefs and maladies in the land; by either fearing denying, or delaying to do justice 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 royal 
* Declaration before the Articles of Religion And Declaration of yet Causes of dissolving the Last Parliament: Printed by his Majesty's authority. 1628.  Declaration protested, calling God to witness, that neither in Doctrine or Discipline he will suffer the least innovation to creep in, but will maintain that Religion, which was in Queen Elizabeth's Reign, & under which this Kingdom hath so long flourished? Notwithstanding all which, shall any up start Innovators dare to set up their Popish rites and superstitious Forms of worship in our Churches, contrary to the express Laws of the Realm, and can you the Reverend judges but be touched both in conscience of your duty of office & Oath, and in care of the peace an welfare of this Kingdom and Church, and of the King's honour, and safety? Can such furious and outrageous alterations of Religion be in any state without drawing a long with it and after it infinite distractions and rents in the Kingdom and intolerable discontents and heart burnings in the people's minds, both tending to stir up sedition within, and to expose the state to foreign invasion? For God's sake therefore, sith his Majesty hath committed, to you the sword of justice, draw it forth to defend the laws against such Innovators, who (as much as in them lieth) divide between the King & his people. Yourselves know better than I can tell you that if there be oppressions in the Common weal, especially against the ordinary Course of the Laws, 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 perilous are such alterations of religion, which would by a strong hand, and that after so long and clear light of the Gospel, bring us back again under an Antichristian yoke, which tyranizeth over the conscience, soul, body, goods, and liberties, poisoning religion with Idolatry, superstition, and all manner of Will-worship in human inventions, and traditions, condemned by Christ and his Apostles? Up 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 himself the great judge of quick and dead will call you to a strict account for, which you know not how soon he may do; for though you be as gods, ye shall dye like men, and fall like one of the Princes. Therefore, as Christ saith, Be instructed, ye judges of the earth: fear and tremble before this great God: Kiss the Son, lest he be angry, and ye 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 Worship's daily Orator at the throne of Grace, Henry Burton.