New Discovery of Old Pontifical Practices, Report of court proceedings 1

New Discovery of Old Pontifical Practices · Report of court proceedings 1

p. 7A collection of ſuch things as were truely gathered concerning the Arraignement of Mr. John Udall, at the Aſſiſes at Croydon the 24. and 25. of Iuly, 1590. noted faithfully by ſuch as were beholders of the ſame.

MAſter Iohn Vdall, Miniſter of the word of God at Newcaſtle in the North, being ſuſpected to be the Author of a Booke, called a Demonſtration of Diſcipline, was ſent for to come to London, who at his comming was committed cloſe priſoner at the Gate-houſe at Weſtminſter, from whence (after he had b…n kept cloſe there the ſpace of ſix moneths and above) he was in like manner committed to the priſon of the White Lyon in Southwarck, and from thence the 22. of Iuly, was carried to the Aſſiſes held at Croydon in the County of Surrey, where were appointed for that Aſſiſes to be Judges, Baron Clarke and Serjeant Puckering, who according to the cuſtome, gave the charge of the Aſſiſes: wherein Baron Clarke ſhewed the intent of their comming thither, which he referred to 3 heads, viz. The ſafety of the Church, the good of the Common wealth, and the preſervation and honour of her moſt Excellent Majeſty: And then ſpeaking of theſe in particular, he ſhewed the great uſe and neceſſity of Laws, and giving our Laws their due commendation, hee preferred them before all other Laws of any other Nation in the world, and further declared how neere they were for outward government, to the Laws of God▪ wherein he noted ſome particulars of them; ſhewing that as the Laws of God did condemne Blaſphemers▪ Idolaters, prophaners of the Sabath rebellious and diſobedient againſt Superiours. Murtherers Adulterers, Thieves, raylers, and falſe witneſſes: for moſt of theſe or all of them, hee p. 8ſhewed particular Statutes of our land that condemned them, and ſhewed the puniſhments of them. Then he ſhewed, that as the law of God would not have any to be condemned, but their cauſe muſt firſt be heard, and that not in corners, but in the gates and publique places, that all might heare and ſee with what equity they were dealt withall: ſo alſo our laws condemned none but in publique places, and thoſe that were accuſed had free liberty to ſay what they could for themſelves; and as the law of God condemned none, but in publique places, and when there were witneſſes to prove the guiltineſſe of the offenders; ſo alſo our law condemneth none but plaine evidences and true witneſſes muſt be produced againſt them. Many other things he ſpake of, which is too long to rehearſe, but this is the ſum of it: After the charge given, the priſoners were brought forth, amongſt whom Mr. Vdal… came, having fetters on his leggs, which moved many greatly to lament to ſee a Miniſter of the Goſpell, brought the foremoſt as principall of ſo many Malefactors: then were the priſoners called by name▪ and anſwered ſeverally to their names, who were no further dealt withall for that time, by reaſon of many other things that the Judges were buſied withall: the next day in the morning, the Iudges being ſet, and the priſoners ſtanding at the Bar, one Iohn Pepper a felon and a robber by the high way, was called forth to anſwer to his Inditement, and according to the order he held up his hand at the Bar and pleaded for himſelfe, that he was not guilty; and being demanded by whom he would be tried, he referred himſelfe to be tried by God and and the Country: After whom there were five or ſix others called, and were tried as the firſt was. Then was Mr. Vdall called and commanded to hold up his hand at the Bar, who held up his hand accordingly. Then was his Inditement read, being thus: Iohn Vdall, late of London Clerke, thou art indited &c. The forme of which Inditement was as againſt murtherers, namely, that he not having the feare of God before his eyes but being ſtirred up by the inſtigation and motion of the Devill, did maliciouſly publiſh a ſlanderous and infamous libell againſt the Queenes Majeſty, her Crown and Dignity: and being asked wheteher he were guilty or not guilty? he anſwered thus:

Vda.

My Lords▪ may it pleaſe you to heare me a word or two.

Iud.

Cla. Anſwer firſt to the Iuditement and then you ſhall be heard.

Vda,

My Lords I beſeech you heare me firſt a word or twaine.

Iud.

Say on.

Vda.

My caſe is rare, and ſuch as hath not bin heard of heretofore, and conſiſteth upon divers points of law, I humbly crave of your Lordſhips to grant me to Anſwere by Councell if it may be.

Iud. Cl.

You cannot have it, and therefore anſwer to your Inditement.

Vda.

Then I anſwer (my Lrods) that I am not guilty.

Iud. Cl.

How wil… thou he tried?

Vda▪

I do deſire to be tried by an Inqueſt of learned men, but ſeeing I ſhall not I am contented to be tried by the ordinary courſe as theſe men before me are, that is (as you uſe to ſay) By God and the Country.

p. 9Then the Clerke of the Aſſiſes ſaid to the parties A raigned (after he had read the names of the Iury before them) Theſe men whoſe names you have heard, are to goe upon your lives and your deaths, loooke upon them when they are called to be ſworne▪ and if you know any cauſe, take exception againſt them. Then the reſt of the Felons haveing nothing to ſay, Mr. Vdall ſaid My Lords, I am ignorant of the law in this point, I pray you therefore ſhew me the manner of challenging the Jury, how many I may challenge, and whether I may render a reaſon of the ſame.

Iu.

I think you will know a cauſe in your conſcience; before you challenge any of them.

Vd.

Then I pray you my L. how many am I by law permitted to challenge?

Iud.

Nay I am not to t…ll you that, I ſit to judge, and not to give you counſell.

Then Mr. Vdal keeping ſilence, Proclamation was made according to the manner that if any man could give in evidence againſt Iohn Vdall, priſoner at the Bar▪ that they ſhould come into the Court and be heard. Then Mr. Daulton ſtood up. And in the meane while Mr. Vdall ſaid to the Iudges thus: My Lords▪ I beſeech you anſwer me to one queſtion before Mr. Daulton begin to ſpeake:

Jud.

Sa… on.

Vda.

Is it permitted me by law to anſwer to thoſe things in particular which are brought to prove this Indictment?

Jud.

It is permitted.

Vda.

Then I humbly crave of your Lordſhips to grant me two Petitions, which I thinke will greatly further both him in ſpeaking, me in anſwering and alſo be a more ready helpe to the memory of the Jury, that they may be able to beare the matter away.

Jud▪

What are your Petitions?

Vda.

The firſt is, that when Mr. Daulton hath ſpoken to one point what he can▪ I may anſwer to that before he proceed any further leſt my memory being overwhelmed with multitude of matter, I ſhould forget to anſwere to ſome points of importance and the Jury made the l…ſſe able to diſcerne of the particulars. The ſecond is, that it might pleaſe you to grant me to anſwer without interruption.

Jud.

You ſhall have them b…th granted.

Dau.

Then Mr. Daulton ſaid, Mr. Udall you have theſe Petitions grandte you, I deſire the ſame of you. And then he deſiring leave of the Judges, before he ſhould prove the Indictment, to ſay ſomething touching this, that this man and ſuch as he is do maintaine, &c. After leave given him▪ hee uſed a very long ſpeech to the great diſgrace and ſlander of the cauſe, and thoſe men that profeſſed the ſame eſpecially of Mr. Udall, and making mention in the ſame his Speech▪ of five ſeverall Bookes of Common Prayer, made by ſuch as deſire Reformation, he affirmed, that in one of the ſaid Bookes there was horrible Blaſphemy in theſe words of the conſecration of the Lords Supper, Take eate this is my Body, drink this is my blood. Then he cryed out ſaving, Oh horrible …laſphemy, and taking occaſion upon the variety of theſe Bookes, he affirmed that there was no conſtancy in theſe men; And p. 10whereas one of the Bookes doth allow, that over every Congregation there ſhould be a faithfull Paſtor, that is quoth hee, a Shepheard, whereby they may take the Government out of her Majeſties hand, and ſo bring her Majeſty to be one of their Sheepe; no quoth hee, her Majeſty is no Sheepe under any Shepheard in the wo…ld▪ except Chriſt: and for the government that theſe men do ſeeke for, I am aſſured there is none ſuch to be found in the word of God.

Vda.

Mr. Daulton hath uſed a very large ſpeech, which doth nothing concerne to prove the Indictment or me in particular, and therefore ſeeing I am not called hither to diſpute (and if I would I ſhould not be permitted) I will not anſwer it, onelyonly thus much will I ſay, (if it pleaſe your Lordſhips) that ſeeing Mr. Daulton is by profeſſion a Lawyer, and the cauſe is yet in queſtion amongſt the learned Divines▪ methinks it had bin more modeſty for Mr. Daulton to have ſuſpend…d …s judgement un ill the Controverſie had bin determined amongſt them▪ to whoſe profeſſion it belongeth▪ eſpecially ſeeing Mr. Daulton knoweth in his conſcience, that he hath heretofore carried ſome ſhew of …keing to the cauſe which now he ſpeaketh againſt.

Jud.

Sirra, Sirra, anſwer to the matter that Mr. Daulton h…th againſt you, Mr. Daulton proceed to the proofe of the points of the Indictment.

Daul.

My maſters, you of the Jury, &c. I will prove, firſt that he had a malicious intent in making of this Booke: ſecondly, that he is the Author of it: and thirdly, that theſe matters contained in the Indictment are Felony by the Statute Eliz. 23. cap. 2.

Then was Mr. Beadle the Regiſter called▪ who was ſworne that theſe Examinations following▪ were as the parties themſelves confeſſed the ſame: And to prove the firſt, the Clarke of the Aſſiſes cauſed Stephen Chatfield to be called into the Court, to give in evidence againſt Iohn Vdall, but he appeared not at all, for which the Judges were offended and Sergeant Puckering ſaid, there was a Warrant ſen… for him, whereupon ſome ſtanding by affirmed▪ that the Warrant came after his departure from home. Then Mr. Daulton ſaid, that he went out of the way of purpoſe, and Iudge Clarke ſaid, Mr. Vdall you are glad of that. Mr. Vdall anſwered:

Vda.

My Lords, I wiſh heartily he had bin here for as I am ſure he never could ſay any thing againſt me to prove this point, ſo I have heard and am able to prove it to be true that he is very ſorry that ever he made any complaint againſt me▪ confeſſing he did it in his anger, when Martin came firſt out; and by their ſuggeſtions, whom he hath proved ſince by experience to be very bad men.

Dault.

It is no great matter whether he be here or no▪ for we have his Articles, againſt you, and your own confeſsion to prove this point ſufficiently.

Then were Mr. Chatfields Articles (that he brought to the Arch-Biſhop againſt Mr. Vdall) read by the Clarke▪ containing a report of certaine written papers, tending as he ſuppoſed, to the making of ſuch a Booke as this is, and thereupon asked Mr. Vdall whoſe writing they were, who anſwered, they are a friends of mine, whereunto Chatfield replied, wiſhing him to take p. 11heed of them, and to rid his hands of them, and to returne them to his friend from whom he had them, for he doubted they concerned the State. Theſe papers he ſaw in Mr. Vdall▪ Study at Kingſton. Alſo he further ſaith, that at an other time, he having conferred with Mr. Udall in a certaine field by Kingſton, called little▪ field, about his putting to ſilence, he ſaith, that the ſaid Mr. Vdall uttered theſe words, That if they put him to ſilence, he would give the Biſhops ſuch a blow as they never had.

Vda.

May it pleaſe your Lordſhips that I may anſwer to theſe things in particular.

Jud.

Say on let us heare your Anſwer.

Vda.

I was accuſed this time two yeares upon the words of Chatfield, that theſe papers that he did ſee in my ſtudie, ſhould be the matter of Martyn Marprelate, and becauſe I cleared my ſelfe of that, it is now brought to prove an other matter, but it proveth nothing unleſſe it were ſet downe in particular what they were.

Daul.

It proveth this, that you had a purpoſe to write this Booke, and thoſe things were collections from your friends and preparations thereunto.

Vda.

Let the Iury conſider how that point is proved by it. Beſides it may be proved, that this Boke was extant in mens hands before the conference betweene Chatfield and me, therefore how can it be proved that this is the Booke that ſhould give them ſuch a blow.

Dault.

But you cannot deny the ſecond point, that you had a pretenced malice, for it is extant in your own confeſsion; Read his anſwer to thoſe Articles of Mr. Chatfield. Then the Clarke read his anſwer to this effect, tha… if the Biſhops put him to ſilence, they would give him occaſion and leaſure to be imployed in writing againſt them. Then ſaid Mr. Daulton, is not this moſt evident, what can be plainer then it is?

Vda▪

I pray your Lordſhips to give me leave to explaine theſe things.

Iud.

Say on and be briefe.

Vda.

Mr. Chatfield told me that he was commanded to come to Kingſt…n and be reſident there; of purpoſe that I might be put to ſilence, and that there might not appeare any want of a preacher▪ I being put downe. Whereupon I ſaid in effect, as is above rehearſed: but I pray you heare in what ſence theſe words were uttered.

Iud.

The matter is cleare, and we ſee what you can ſay to it well enough, proceed Mr. Daulton to the proofe of the ſecond point.

Dault.

And that you be the Author of this ſlanderous and infamous libell, it ſhall be proved cleerely to the Iury before your face; then ſaid he to the Clerke read the anſwer of Ni…holas Thompkins, which was made upon his oath before her Majeſties High Commiſſioners Then was read to this effect that Thompkins knew that Mr. Udall was the Author of that Booke called the Demonſtration, for he ſaid, that Mr. Udall himſelfe told him ſo. Alſo that he ſaw either in mr. Udalls houſe, or in ſome other place in Kingſt…ne a Catalogue of all the Bookes that Mr. Udall had made, amongſt which the Demonſtration was one.

p. 12Daul.

You ſee here that this is cleare and a ſufficient teſtimony.

Vda.

It carryeth ſome ſhew, but it is nothing.

Iud.

Doe you c…ll the teſtimony of one being an honeſt man, and upon his Oath, before the High Commiſsioners to be nothing, can you anſwer it?

Vda.

My Lords▪ I anſwer it thus, denying it to be his teſtimony, for if it be, why is he not preſent to verifie it face to f…ce, according to the Law?

Iud. Puck:

It is verified to be his true Anſwer under the hon…s of Dr. Auberie and Dr. Lewen, the latter wher…of c…nfirmed it before me upon his corporall Oath.

Dault.

You can take no exceptions againſt that, and will you ſay he is not an honeſt man?

Vda.

I am perſwaded he was amazed, and anſwered he knew not what, for hee hath reported it ſo diverſely, that it ſeeme…h …ee remembreth not what hee ſaid.

Iud.

But the Oath of Thompkins is to be preferred before his bare rep…t.

Ude.

My Lords I anſwer, I proteſt unto you (and will verifie it upon my Oath▪ if it pleaſe you) that he told me the day before I was committed, at his Maſters houſe, that he could not ſay, neither would he for a tho…ſand pounds affirme any more then this t…a… he heard me ſay, I would not doubt but ſet my name to that Booke if I might have indifferent Iudges. And further (if it pleaſe you my Lords) here are ſome witneſſes that upon their Oaths will teſtifie, how diverſly he hath reported of his confeſſion to this thing, if it pleaſe your Lordſhips to accept them. And the witneſſes offering themſelves to be heard, were anſwered; that becauſe their witneſſe was againſt the Queenes Majeſty, they could not be heard. And after other Speeches paſſing, Mr. Udall ſaid:

Uda.

My Lords, the ſpeech of the Catalogue is moſt vaine, and hath no ſence in it, for can I have made ſo many Bookes, as that I need make a Catalogue of t…em? It may be my Lords, he ſaw a Catalogue of the Bookes in my Study, wherin if that were one, it is …ather an argume…t that I made it not, for men uſe not to put their own works in the Catalogue of thoſe that they have in their Study.

Daul,

You of the Iury conſider this, that Thompkins was Mrs. Cranes man, and one that was privy to all the Printing that was at her Houſe, and M…, Udall uſed to go often thither.

Uda.

All that is nothing to me, what if I uſed to goe thither, ſhe is of my acquaintance I know her to be an honeſt Gentle woman, what can you gather by any of theſe things? why is not Thompkins here to d…clare his teſtimony, and to ſay what he can?

Daul.

He is beyond the Seas about merchandiſes, ſent away by Mr. Gore who married Mrs. Cranes daughter.

Vda.

How doth that appeare he is no merchant but a ſerving-man, and if he were what is that to me, but it cannot be proved that Mr. Gore did ſend him ſo that here is nothing but bare papers to ſhew for evidence againſt me.

Then there was much ſaid to prove that the teſtimony of a man abſent was ſufficient if it were proved to be his upon the oathes of others. And then the judge ſaid.

p. 13Iudg.

VVhat ſay you? did you make the booke (Vdall) yea or no, what ſay you to it, w…ll you be ſworne? will you take your oath that you made it not? wee will offer you that favour, whi…h never any indited of felony had before, take your oath and ſweare you did it not and it ſhall ſuffice.

Vda.

My Lords I pray you heare me to this, if I would have done ſo before the Lords of Her Majeſties Privie Counſell that committed mee, I had not come hither, but I neither then might nor may do ſo now; whereof I pray you let me ſhew a reaſon to the Iury. I and many more doe think the booke to be good▪ for any thing wee can find in it, and to be written in defence of a cauſe which we take to be moſt true. Now the Author is ſought for that he may be puniſhed for ſome ſpeeches that may be wreſted in the booke▪ therefore leaſt he ſhould be found (if one after another that are ſuſpected doe deny it) it is thought beſt every one neither to confeſſe nor to deny, yea though we ſuffer ſome puniſhment rather then the author being found out ſhould ſuffer extremity.

Iudg.

Nay this is but a ſhift, I will goe further with you, will you but ſay upon your honeſtie that you made it not? and you ſhall ſee what ſhall be ſaid unto you?

Vda.

My Lords it is all one I make a conſcience of my word as of my oath, for I muſt give accompt for both. This is no direct courſe in this place.

Iudg.

You of the Iury conſider this▪ This argueth that if he were not guilty he would cleare himſ…lfe, and conſider well of it▪ And then ſpeaking to Mr. Vdall, hee ſaid doe not ſtand in it but confeſſe it and ſubmit your ſelfe to the Queens mercy before the Iury find you guilty.

Vda.

My Lord I anſwer that according to my inditement I am not guilty, every point whereof muſt be proved or elſe the whole is falſe. And I beſeech your Lordſhips give me leave and I will be very briefe. My conſcience doth not accuſe me, that I have ſo much as offended her Majeſtie, her Councell▪ or the meaneſt of her people in any thing, I have done concerning this cauſe, for if I ſhould, of all other I deſerved the leaſt favour being one that profeſſed to teach others loyaltie to her Majeſtie, and love one to another, and would you have mee to confeſſe a fault where there is none, no I cannot doe it neither will I: wherefore proceed in your courſe begun.

Daul.

We have yet more proofe then this, though yet this were ſufficient of it ſelfe, wherefore read the other examinations. Then was read the confeſsion of Henry Sharpe of Northampton who upon his oath before my Lord Chancellor had ſaid that he …eard Mr. Penry ſay that Mr. Vdall was the Author of the Demonſtration.

Vda.

Sharpe and I were never above once in company together (to my remembrance) neither knew hee ever any of my dealings. This is nothing to prove me the Author of the Booke, reports bee uncertain, and if reports be true the Archbiſhop himſelfe told mee that Mr. Penry made it, which is more forcible for mee, then any of Sharpes reports can be againſt me.

Daul.

You miſtake the matter, the force of the point reſteth in Mr Penryes report, who was one of your great acquaintance and familiars, and you and Walgrave and he were at Mrs. Cranes houſe.

p. 14Vda.

Here is one mans ſaying that another ſaid ſo, let the Iury conſider of what force this proofe is, if you have any more let it appeare.

Iudg. Clarke.

You of the Iury have not to enquire whether he be guilty of the Fel… ny but whether he be the Author of the Booke, for it is already ſet downe by the judgement of all the Iudges in the Land, that whoſoever was author of that booke was guilty the Statute of Felony, and this is declared ab…ve halfe a yeere ag…ne.

Vda.

Though it be ſo determined already, yet I pray your Lordſhips give me leave to ſhew that which I have to ſay and I will be very briefe and it is to prove, that though I were found to be the author, yet it cannot be within the compaſſe of that Stature, An. 23. Eliz. cap. 2. whereupon the inditement is framed.

Iudg.

You ſhall be heard to ſay for your ſelfe what you can, therefore ſay on.

Vda.

Though I bee not by Profeſſion a lawyer, yet I thinke I can ſhew it clearely by theſe reaſons following. Firſt, The intent of the law-makers, (which alwaies is to bee regarded in theſe caſes) is to bee conſidered which appeareth in the Preface of the Statute in theſe words; To ſuppreſſe the malice of thoſe that be evill affected to her highneſſe. Now I pray you conſider this, how can it be? or how is it poſſible that a Preacher of the ſame Religion which her Majeſtie profeſſeth, and maintaineth who is known continually to pray unto God for her highneſſe proſperity and happineſſe both of ſoule and Body; How is it poſſible I ſay, that ſuch a one ſhould bee maliciouſly affected towards her? Therefore it is evident that the Statute was made againſt the Papiſts, who uſe to ſlander her Highneſſe with the tearmes of Heretique, &c. and no way againſt us for I dare boldly ſay of my ſelfe, and in the name of all my brethren. Curſed is he of God, and he deſerveth doubtleſſe to be hated of men that doth imagine the leaſt hurt againſt her Highneſſe. Secondly, the matter that maketh a man a Felon by that Statute, muſt proceeed from a malicious intent againſt her highneſſe, which I or any ſuch as I am can no way juſtly be charged with: pattly for that which is ſaid before, and partly for that my courſe of teaching and living in this Country theſe 9 yeares (ſaving this laſt yeere, wherein I have been abſent) is known to have tended to no other end then the provoking and perſwading of the people to like of and yeeld obedience unto her Majeſtie, and the Religion received in her Dominions, for the proofe whereof I referre my ſelfe to the conſciences of all men in the Country that have knowne me: And further it is likely that I who have bin trayned up in the Univerſities under Her Majeſties protection and have alwaies bended my Studies to the advancement of the ſincerity of the Goſpell▪ ſo that thoſe ſmall crums of learning which I have gatheted, I doe acknowledge to have received by her Majeſties meanes Theſe things conſidered, how can it be that I ſhould bee evill affected towards her Highneſſe, whom I proteſt I unfaynedly reverence? And therefore the worſt that the author can be charged withall is his overheat and to much vebemency by reaſon of his zeale againſt the abuſes, and not any malice againſt her Majeſtie, or the meaneſt of her ſubjects: Againe the matter to bring it within the compaſſe of the Statute muſt be falſe. But this booke is written in the behalf p. 15of a moſt true cauſe. Laſtly the end of it, muſt be either to the defamation of the Queenes Majeſtie or ſtirring up of inſurrection, ſedition, or Rebellion. For the former I truſt that the whole courſe of our behaviour both in our Miniſtery and converſation, declareth it ſelfe to bee ſo farre from ſeeking to defame her highneſſe as it tendeth to th… uttermoſt of our powers, to the advancement, of her Honour. For I am perſwaded that there is none of us that would refuſe to undergoe any paine whereby her Majeſtie might any way be the better honoured, yea wee would not refuſe if need ſo required, to lay downe our lives for redeeming of the leaſt aking of her majeſties little finger wherewith ſhee might bee grieved. Now for the ſecond end which is the moving or ſtaring …p of Rebellion &c. I pray your Lordſhips, and you of the Iury to conſider this, There have beene ſince the firſt day of her majeſties Raign, learned men that have deſired the advancemen… of this cauſe and many of the people that affected it. and yet hath it never appeared that by occaſion hereof, there hath in all this time bin any in any place that have raiſed any Inſurrection or ſedition: yea this booke which is now in queſtion hath bin extant theſe 2 yeeres, yet I truſt neither your Lordſhips nor any here preſent can ſhew that any people in any corner of the Land, nay it cannot be juſtly proved that any one perſon hath taken any occaſion hereby to enterprize any ſuch matter, and therefore the making of this book cannot be Felony. Beſides all this if there had bin any ſuch thing meant by the Author, or received by the people, as the Indictment chargeth me withall, (which is the defamation of her Highneſſe government) yet (as I take it) it ſhould not be felony by that Statute, for the whole courſe of it, declareth, that it is onelyonly meant of them that defame her Highneſſe Perſon, and not her Government, as it is manifeſt by the laſt proviſo, wherein it is ſhewed, that the whole Statute doth determine and end wi…h her Majeſties life: and we may not thinke their wiſdoms that made the Law, to be ſo unadviſed, as to make a Law for the preſervation of the Princes Government which is continuall, to laſt no longer then the life of one Prince which is temporary. Therefore it ſeemeth that the Statute hath no further regard then this, that her Highneſſe perſon might be preſerved in that Honour and dignity which becometh her Royall Dignity and Eſtate. And I do beſeech your Lordſhips to anſwer me, for I appeale to your conſciences as you will anſwer to God for my life, and I pray you tell the Iury whether you do thinke the▪ intent of the Statute were in any ſort meant againſt us, and not rather againſt the Papiſts.

Iud. Puck.

Iudge Puckering ſaid, you do not well to charge us ſo with our conſciences, which God only is to know: I anſwere you, the intent of the Statute is againſt all, for ſo the words are.

Vdall.

The words my Lord, I confeſſe are ſo, but is the principall intent ſo?

Iud.

Yea it is ſo.

Iud. Cla.

We have heard you ſpeake for your ſelfe to this point at large, which is nothing to excuſe you, for you cannot excuſe your ſelfe to have done it with a malicious p. 16intent againſt the Biſhops▪ and that exerciſing that Government which the Queene hath appointed them, and ſo it is by conſequent againſt the Queene.

Vda.

My Lords, I am perſwaded that the Author did it not of any malice againſt them, and for my ſelfe, I proteſt I wiſh them as much good as I do to my own ſoule and will pray to God to give them repentance. But the cauſe why the Author did ſo earneſtly inveigh againſt them was this, as it ſeemeth, becauſe he perceived them not only to execute an Authority which he taketh to be unlawfull by the word of God, but alſo for that they do not the tenth part of that good, (even in thoſe corrupt callings) which by Law they might doe: and I am perſwaded, that your Lordſhips know in your owne conſciences, that they doe not the tenth part of that they are bound to doe.

Iud. Clar.

That is true, they do not the good that they might do; but yet that doth not excuſe you▪ for It is plaine in your Booke, that you writ not againſt them onelyonly, but you writ againſt the State, for is it not againſt the State when you ſay, that it is more eaſier to live in England a Papiſt, an Anabaptiſt, of the Family of Love, and what not? yea you ſay, I could live ſo in a Biſhops houſe it may be theſe twenty yeares and never be much moleſted for it; what is this but a plaine ſtandering of the State? and marke the words, for you ſay, you could live ſo in England: And d…th her Majeſties Laws allow of Papiſts? this maketh eviden…ly againſt you, and it is ſo plaine that you cannot deny it.

Vda.

My Lords, if it might pleaſe you to heare me a word or two, I will ſhew the meaning of the Author of the Booke, I beſeech you to heare me and I will be very briefe: I know that the Laws of England do not allow of any ſuch as are mentioned in the Booke, for there are godly Laws made for the puniſhing of them, if they were put in execution. But this I take to be the Authors meaning, that it is not ſpoken in reſpect of her Majeſties Government and Laws, but in reſpect of the Biſhops whom your Lordſhips know to be wholly imployed in finding us out, and puniſhing of us, not regarding (in a manner) the puniſhing any ſinne elſe.

Iud.

What Sirra will you not confeſſe any fault to be in the Booke, you ſeeke to excuſe all.

Vda.

My Lords, I do acknowledge, that there was never any worke of man ſo perfect, but there have bin imperfections in the ſame, and therefore there may be ſome fault in the manner, but ſurely none in the matter: for the Biſhops themſelves will confeſſe, that they may faile in their actions, and be partiall (as they are men) in the manner of handling of any thing; ſo alſo the Author of this Booke, being aſſured that the matter is without reproofe, may erre in the manner, in being over-zealous in the handling of it, and this fault I will eaſily confeſſe to be in the Booke my Lords; but I am ſure the Author never had any malicious intent againſt her Highneſſe, or any of her Subjects.

Iud. Clar.

This Booke hath made you to come within the compaſſe of the Statute, though your intent were not ſo, for I am ſure there was Mr. Stubbs, well knowne to divers here, to be a good Subject, and an honeſt man, yet taking upon him to write a p. 17a Booke againſt her Majeſty touching Mounſeir, he thereby came within the compaſſ… of Law, which he intended not in making of the Booke, and I am perſwaded, that he did it of a good affection towards her Majeſty; and yet if this Law had bin made then, which was made ſince, he had died for it: ſo you, though you intended not to come within the compaſſe of the Statute, yet the Law reacheth to your fact as that did to his.

Vda.

My Lords, his caſe and mine is not alike, for his booke, concerned her Highneſſe perſon, but the Author of this Booke toucheth only the corruptions of the Biſhops, and therefore not the perſon of her Majeſty.

Iud.

But I will prove this booke to be againſt her Majeſties perſon, for her Majeſty being the ſupreame Governor of all perſons and cauſes in theſe her Dominions hath eſtabliſhed this kinde of government in the hands of the Biſhops, which thou and thy f…llows ſo ſtrive againſt, and they being ſet in Authority for the exerciſing of this Government by her Majeſty, thou doſt not ſtrive againſt them but her Majeſties perſon, ſeeing they cannot alter the Government which the Queene hath laid upon them.

Vda.

My Lords, we are not ignorant of this, that her Majeſty hath a care that all things might be well, and in that reſpect hath given them often in charge, (upon the conſiderations of theſe controverſies) to ſee to it that nothing be amiſſe, and becauſe ſhe hath a good opinion of them for their gravity and learning, ſhe believeth them when they ſay all is well and in good caſe, whereas if they had the grace to looke into theſe things, and to make them knowne as they be, indeed her Majeſty and the State, I doubt not, would quickly redreſſe them, and therefore was it that the Author did ſo charge them.

Then the Iudge proceeding further in the booke to prove him to have offended, he tooke occaſion by the ſame to ſpeake againſt railing againſt Magiſtrates, and ſpeaking to Mr. Vdall he ſaid in effect thus:

Iud. Cla.

Sirra you that ſhould have hin a teacher of her Majeſties people, you ſhould have taught your ſelfe not to have rayled upon the Rulers of the people, for do you not know what is written in the 23. of Exodus, Thou ſhalt not raile upon the Ruler of the people, for whoſoever doth ſo, ſhall die the death. And do you not know what is written in the 23 of the Acts, where the Apoſtle Paul being before the High Prieſt, called him a painted wall; and being ſmitten by one of the high Prieſts Servants, it was ſaid unto him, revileſt thou the Lords high Prieſt? to which Paul anſwered, I knew not Brethren that he was the high Prieſt, loe thus did he acknowledge his fault, do you know theſe things Sirra?

Vda.

My Lord, you know that we hold it not lawfull for a Miniſter to be a Civill Magiſtrate, and there are at leaſt 500. in this Land amongſt whom I am the moſt unworthy, that are of the ſame judgement in this point.

Jud.

But how if the Queene doth give it them?

Vda.

They ought not to take it. And my Lord, (if it pleaſe you) I will anſwere to your proofes, though I came not hither to diſpute. But in my anſwering, my purpoſe is not to give any liberty to any man, to raile upon any that are in Authority. Now to your proofes I ſay my Lords, that the place out of the 32 Exod. doth rather concerne your Lordſhips and ſuch as are under her Majeſtie for Judges, then any way to concerne the Biſhops: p. 18And touching the ſecond place out of the 23 of the Acts, where the Apoſtle ſaith, Brethren I wiſt not that it was the high Prieſt: the meaning of that place is, as if he ſhould ſay, I thought there had not bin any high Prieſt now, ſeeing Chriſt being come, the high Prieſthood was to ceaſe, ſo that the Apoſtle doth not acknowledge any fault in that his Speech, for there was no lawfull high Prieſt of that time, neither did he acknowledge any, ſeeing they did end in Chriſt: And thus do the beſt Divines expound the place.

Then after ſome further Speeches of this expoſition, the Judge returned to the matter of the Booke againe, ſaying, that the booke did concerne the State▪ and ſayd:

Iud.

But Sirrah thou canſt not ſo excuſe thy ſelfe, as though it touched not the Qu. and the State, for is it not written in thy Booke, that this ſaying will not ſerve their turnes, the Queene and Councell will have it ſo: whereby it is plaine, that thou didſt ſpeake againſt the Queene and the State.

Vda.

My Lord▪ the Author only meaneth this, that when we are called before the Biſhops, they were often driven to uſe this argument (when they had nothing elſe to ſay for themſelves) that they could be content many things were amended, but it muſt be ſo, for the Queene and Councell will have it ſo: And ſurely herein me thinks they ſlander her Highneſſe, and we tell them, that however they beare it out here before men, yet before God that excuſe will not ſerve their turne.

Iud.

Thou canſt not carry it away ſo, doſt thou not plain…ly ſay, that they are not ſafe though they have humane Authority on their ſide, but he that is on our ſide is mightier then they; whereby thou both abaſeſt her Majeſty, and alſo doſt threaten them with ſome force and vi…lence.

Vda.

It is true, that whoſoever doth unjuſtly is not ſafe in it, though all the Princes in the world ſhould deſend him in it; and that is the meaning of the Author. But to ſay that force and violence is threatned them, is furtheſt doubtleſſe from his meaning; for it is knowne to all the world, that we deſire by all good meanes to commend this holy cauſe of Reformation to her Majeſty and the State, and do not looke for neither, that ever it ſhould by any force prevaile, but that it would pleaſe God to honour her Highneſſe with the advancement of the ſame.

Jud.

No, no, theſe are but excuſes, theſe malicious Speeches proceeded from thee, and were the ground-worke of all theſe▪ Lihells that have bin diſperſed ſince, and thou art▪ known to be the ring-leader of this faction.

Vda.

There is no reaſon to charge me with other mens doings, every man muſt anſwer for himſelfe; but as for me (alas) I am no body; there are five hundred Miniſters in this land of my judgement in theſe things, the meaneſt of which I acknowledge to be far better learned then I am. But by the way my Lords, I pray your Lordſhips give me leave to ſay one thing which I being about to ſpeake of before, was interrupted, and therefore ſeeing now it commeth into my memory, I pray you to heare me, though it be out of time, concerning the Felony whereof I am accuſed, it maketh greatly for me.

p. 19Iud.

What is it? let us heare what you can ſay?

Vda.

When I was before the Lords of her Majeſties Councell at the time of my Commitment, amongſt other things that I alleadged againſt the taking of an oath to accuſe my ſelfe, I ſaid that the thing was accounted criminall, and therefore by law I was not to anſwer: my Lord Anderſon ſaid that I ſaid true if the caſe had concerned either the loſſe of life or limb, whereby it is manifeſt that then my caſe was not eſteemed Felony.

Iud.

Though the Iudges had not then concluded it, yet it was Law before, or elſe it could not ſo be determined after; the violent courſe of others ſince, hath cauſed your caſe to be more narowly ſifted.

Then the Iudge (having ſpoken to the like effect alſo) ſaid to the Iury, that they ſhould not need to trouble themſelves to find him guilty of the Felony but onelyonly it was ſufficient if they found him guilty to be the Author of the Booke, for (quoth he) it is already determined by all the Iudges of the …d, that the Author of that booke was in the compaſſe of the Statute of …ny, and this quoth he, was concluded before we came hither: therefore you being ignorant of the Law, and we being ſworne as well as you are, you are …o heare us, and to take our expoſition of the law: and after many other ſpeeches, the Iudges ſaid, goe thy way, we will heare thee no longer, get thee hence, and ſhaking his hand hee called for the other Felons to heare their Cauſes.

Iury.

Then the Iury ſaid, what can we finde?

Iud.

Find him Author of the Booke, and leave the Felony to us. And after ſome other Speeches, Mr. Fuller ſaid to the Iury, you are to finde him Author of the Booke, and alſo guilty of a malicious intent in making it; whereat Mr. Daulton ſaid, what have you to do with the matter Mr. Fuller to ſpeake to the Iury? Then there being ſome noyſe at the Bar, Mr. Vdall could not any more be heard; yet as he was ready to depart, hee ſaid to the Iury; you of the Iury conſider this, that you have not to conſult about the life of a Seminary and Popiſh Prieſt, but of a miniſter of the Goſpell.

Then Iudge Clarke ſhewed the reaſons to the Iury, why they muſt find him guilty, ſaying, The evidences are manifeſt for the firſt point, that he is the Author of the Booke▪ and the ſecond is a point in Law agreed upon by all the Iudges, as I have ſaid.

So the Iury after they had heard the evidences of the other Felons at the Bar, departed to conſult about them, in which time of their conſultation there came two ſeverall meſſages exhorting him to ſubmit himſelfe, and to yeeld unto the Iudges before the Iury had given up their verdict, unto whom Mr. Vdall replyed willing them not to trouble him with any ſuch matter, for he was cleare in his conſcience, and therefore he was not to accuſe himſelfe; In which time alſo the Iury diverſe times ſent and received meſſages from the Iudges▪ and at the laſt, the fore-man of the Iury went himſelfe unto them. Thus having debated of the evidences of the reſt of the Felons with Mr. Vdall, after the Iudges had dined the Iury brought in their verdict that he was guilty of Felony.

p. 20After that Baron Clarke had finiſhed all other matters of Law, and that the Iuries had given their verdicts on the Felons, finding ſome guilty, and ſome not guilty: The Iudge commanded all the priſoners to ſtand forth and to anſwere to their names▪ which did ſo; and firſt mr▪ Vdall was called, who ſtood forth at the Bar, but the Iudge commanded him for that time to ſtand aſide, ſaying that he would deale with him anon: then ſome of the priſoners which were ſaved by their bookes, were burnt in their hands, and for that night there was nothing more don. Then the Iudge commanding the Iay…or to bring the priſoners betimes in the morning, commanded them to depart, and ſo for that time every man departed to his place.

The ſecond dayes worke, being the 25. of Iuly.

THe next morning neere about 4▪ of the clock the priſoners were brought to the Bar, who ſtayed till the comming of the Iudges▪ who came thither by 6 of the clock, or thereabouts, and called the priſoners by their names to receive ſentence of death; and firſt they began with mr. Vdall, who after he was called was commanded to ſtand aſide till anon, and then there were 7 Felons that received ſentence of death▪ who being taken aſide, Mr. Vdall was called the ſecond time and the Clarke of the Aſſiſes ſaid, Iohn Vdall hold up thy …a…d, what canſt thou alleadge for thy ſelf, why thou ſhouldſt not receive judgment to dy.

Vda.

My Lords, notwithſtanding my earneſt pleading and proteſting of mine innocency yeſterday, which I could and would have done more cleerely, but that I was ſo much interrupted: yet it hath pleaſed the Iury upon their conſciences to finde me guiltie of that which I thank God never entred into my heart; now therefore muſt I pleade another plea, and therefore I crave of your Lordſhips to grant me the benefit of the pardon granted the laſt Parliament.

Iud.

I thinke you can have no benefit by it, for I am deceived if it be not excepted. Then ſaid he to the Cleark or ſome other, reach me the Statute Booke, and whileſt hee looked in the ſame:

Vda.

Mr. Vdall ſaid, I pray your Lordſhips conſider the ground of my plea, albeit▪ indeed it ſeeme to be excepted: your Lordſhips confeſſed yeſterday, and I ſhewed it by my Lord Anderſons ſpeeches to me, that it was not thought Felony till of late, and therefore the things that be excepted be ſuch as be inquirable and puniſhable in the Eccleſiaſticall Courts.

Jud.

That is nothing, for if the leſſer be excepted, much rather is the greater▪

Vda.

My Lords, I refer it to your conſciences and favourable conſiderations: the words are theſe in the pardon, which he repeated, and they finding it to be as he had ſaid, the Judge ſaid, here is no helpe for you: and after other ſpeeches betweene them of the meaning of the words of the pardon, the Judge ſaid, Mr. Vdall your Councell hath deceived you.

Vda.

My Lords, I have not received any Councell herein, for I have bin cloſe priſoner this halfe yeare, and therefore could not attaine to have any p. 21Councell; but thus much have I gathered, which is my judgement out of the Booke.

Jud.

What can you alleadge more for your ſelfe? for this helpeth you not:

Vda.

Nothing but mine own Innocency, but that your Lordſhips may proceed.

Iud.

What ſay you? are you contented to ſubmit your ſelfe to the Queene:

Vda.

Yea, or elſe I were not worthy to live in her Highneſſe Dominions.

Iud.

But will you acknowledge your ſelfe to have offended her Majeſty in making this Booke? ſhe is gracious and full of mercy, it may be, that we reporting your ſubmiſi…n unto her Majeſty, may procure her pardon for you.

Vda.

May it pleaſe your Lordſhips to heare me; The cauſe for which I am called in queſtion, I cannot forſake in any ſort, for I hold it to be the undoubted truth of God: but, &c▪ And then he was interrupted by Iudge Puckering, who ſaid:

Iud.

Nay ſtay there, you cannot goe away with that ſpeech unanſwered, to buz▪ into the peoples eares ſuch a conceit, that it is an undoubted truth that you hold; for I hold it to be an undoubted falſhood: And then he proceeded further in a large ſet Speech, the effect whereof was, that this Land having bin governed by ſundry Nations, hath yet kept her ancient Laws, which he affirmed would be overthrowne, if this government that theſe men ſeeke for ſhould be eſtabliſhed: And then he further ſhewed, what inconventences (as he thought) would come by the ſame, viz. That we having Laws and Iudges appointed to decide all Controverſies; this Preſbitery which theſe men ſeeke for, would overthrow all, and bring to their cenſure and government, all mens Cauſes▪ or elſe they would Excommunicate them from their Churches; yea and they are ſo hot for this Government, that they will not ſtay for the Magiſtrate, and if the Magiſtrate will not, they will reforme themſelves, and one of them writing in a Letter to his friend of his, ſaith, Let us number our hot Brethren, that we may know who will ſtand to it, for it is high time. So that it is plaine, that if they cannot have it with her Majeſties conſent, they will have it though it make our hearts to ake, as you ſay in your booke▪ And whereas her Majeſty hath Revenues belonging to her Crown out of the Church-livings, and Cathedrall Churches, theſe men would have her Majeſty give unto them thoſe Revenues, for the maintenance of their Preſhitery, and they would her a ſ…ipend allow at their diſcretions, ſo that they would bring the Queene and the Crowne under their g…rdles.

And ſome of theſe men have gon ſo farre, that they ſay plainely we have no Church, no Sacrament, no miniſters, nor any worſhip of God amongſt us. If theſe things bee not loo…'t unto in time, what confuſion ſhall wee have in this land ſhortly? many other things be ſpake againſt the cauſe of Reformation, which I cannot particularly lay downe but this is in effect the ſubſtance of it; concluding he ſaid, Thus much Mr. Vdall have your ſpeeches enforced me to ſpeake leaſt the people here preſent (being deceived) ſhould be carried away by it. To which Mr. Vdall anſwered briefly.

Vda.

My Lords it is booteleſſe for me to enter diſputation with you in this place touching this matter, onelyonly this I could wiſh you to leave it to be firſt decided by the learned Divines to whoſe calling it belongeth. And although p. 22ſome weak men wan…ing iudgement have bin headily carryed in ſeeking the furtherance of this cauſe, and ſo for want of this government have runne into ſome errors, yet it is no reaſon to charge us with them, for your Lordſhips know that wee have been the men that have taken the greateſt paines to reclaime them to the joyning of themſelves with the Church, from which they have ſeparated themſelves.

Iudg. Clar.

You are deceived it is not a matter of Divinity onelyonly, but it is a matter of State, and within the compaſſe of our Profeſsion, and it is not ſo greatly in controverſie as you would have us to beleeve it is.

Vd.

It is diverſly debated (my Lords) and the greateſt number of learned men in Chriſtendome doe maintaine the ſame.

Iudg.

How doe you know that, have you bin beyond the Seas, to know the greateſt number of learned men to be of this judgement?

Vdall.

Your Lordſhips know that all the Churches of France, the low Countries, and of Scotland doe maintaine the ſame? beſides many hundreds of learned men in this land.

Iudg.

Have you been in all theſe Churches that you can tell ſo much?

Vda.

I know it to be true (my Lords) for their practiſe doth ſhew them to be of this judgement.

Iu.

Well, if you can alleadg no more; neither will ſubmit your ſelf to the Queens mercy, then heare your judgement.

Vda.

My lords I was beginning to ſpeake, but you interrupted me, I pray you heare me, what I will ſay▪ and then do as God ſhall move you.

Iud.

Let us heare what you will ſay.

Vda.

As I ſaid before ſo I ſay now, I beleeve the cauſe to be the undoubted truth of God, and therefore in the matter I cannot by any meanes yeeld; yet ſeeing by your order of law I am found to be guilty, neither can I (for the reverence I beare to her majeſties lawes) take any exceptions againſt you nor the Iury, but that which you have done I acknowledge to bee done in all equity and right. Seeing I ſay you have found me to bee guilty, whereby I cannot live without h…r majeſties gracious and ſpeciall favour. I acknowledge that whatſoever I have done to the advancement of the cauſe. I may offend in the manner, in which reſpect (if I have offended) ſeeing it hath pleaſed your Lordſhips and the Iury to find mee guilty, I doe willingly ſubmit my ſelfe and heartily crave her majeſties pardon.

Iud.

But are you ſorry, that you have offended the Queenes Majeſty.

Vda.

I am ſorry, that the courſe of the Law hath found me to have offended.

Iudg.

So is every Thiefe that is c…ndemned ſorry, that his offence is found out, but not for the fact. This is a plaine fallacy.

Vda.

My Lord indeed if it were ſo as your Lordſhip doth underſtand it, it were a plaine fallacy, but I ſay further, if in the manner of handling ſo good a cauſe, there be found in me any offence againſt her Majeſties Lawes: And I acknowledge that in the manner of handling it Her Majeſtie may be juſtly offended, for which I am ſorry. And I proteſt that I have never gone about to advance it by any other meanes, then by manifeſting it to all men, and p. 23tendering it to them in authority, and that by ſuch meanes as might not be contrary to the Laws of this Land, that ſo it might be received by Her Majeſty and the State, and this is the care of us all, howſoever we be charged with factions.

Iud.

You ſay if there …e found any offence, whereby you call in queſtion the equity of dealing in this Court againſt you.

Vda.

My Lords I do not neither will I, let it be looked into by you and the reſt whom it concerneth, I hope you would not deale otherwiſe then lawfully againſt me.

Iud. Puck.

You ſay you ſeeke no unlawfull meanes, what can be meant but unlawfull meanes in the words of your Booke▪ If it come in by that meanes that will make all your hearts to ake, blame your ſelves: What good meanes ca… bee meant by th…ſe word…?

Vdall.

My Lords, yeſterday I ſhewed you, what I tooke to bee the meaning of the Author in ſome places of the booke alleadged againſt me in the Inditement▪ and then I would have ſpoken unto all, but you cut me off, I pray you therefore let me ſhew you the meaning of the Author in thoſe words now.

Iudg.

Let us heare you how you expound it.

Vda.

My Lords, your Lordſhips muſt underſtand, that the Author taketh it for graunted that the cauſe is Gods and muſt prevaile, and therefore ſeeing God hath uſed all the meanes of his mercy to bring it in, in giving us a gracious Prince, …ong peace and aboundance▪ and of ſtirring up ſome to exhibite ſ…plications to the Parliament; theſe things not prevailing in his mercy, he will bring … ſome judgement as plague or famine, or ſome ſuch like … his is alwaies the manner of Gods dealing.

…

… expound it ſo, for the words import another thing.

…

…, the Author himſelfe expoundeth it ſo in the words follow- … ſaith, that it muſt prevaile, for ſuch a judgment will overtake this Land … eares of all that heare thereof to tingle, ſo that he meaneth nothing … God will bring it in by his owne hand by judgment, if by mercy hee can- … ▪

Iud.

No no, your meaning was that it ſhould be brought in by force and violence.

Vda.

God forbid! farre be it from us to conceive any ſuch Imagination. The Author of that booke doth plainely ſhew that hee meant no ſuch thing, and the words following in the end of the Epiſtle doe declare the ſame, for there he ſheweth by whom it is to be brought in namely by Her Majeſty and her Honourable Counſellors, that they may ſee it, and eſtabliſh the ſame.

Iudg.

Nay the meaning is, that if the Queene will not, yet you ſay it ſhall come in, for ſo the words are, that it muſt prevaile, maugre the heads of all that ſtand againſt it.

Vda.

Nay my Lords the words are maugre the malice of all that ſtand againſt it▪ for there are many heads that are not maliciouſly bent againſt it, there is great difference betweene malice and …eads, ſor ſome are againſt the cauſe through ignorance▪

Iud.

It is all one in effect▪

p. 24Vda.

Nay (my Lords) there is great difference,

Iud. Puck.

Well Mr. Vdall you were beſt to ſubmit your ſelfe to the Queenes mercy and leave theſe courſes, for I tell you that your Booke is moſt ſeditio…s and ſlanderous againſt her Majeſtie and the State, and yet I aſſure you that your booke had bin paſſed over, if there had not come forth preſently after it ſuch a number of ſlanderous libels, as, Martin marre-prelate, Martins Epitome, Martin Iunior, or theſis martiane, Martin ſenior, and others ſuch like, of which your Booke was judged to bee the Ring-leader.

Vda

My Lords thoſe that are learned, and doe maintaine this cauſe, doe Iudge this booke to be written very indifferently, howſoever it bee hardly conſtrued. But for Martin and the reſt of thoſe Bookes that you have named, they were never approved by the godly learned. And I am fully perſwaded that thoſe bookes were not done by any miniſter, and I thinke there is never a miniſter in this Land, that doth know who Martin is. And I for my part have bin inquiſitive but I could never learne who he is.

Iud.

Clar. You will not acknowledge your ſelfe faulty in any thing, and therefore it is in value to ſtand any longer with you.

Vda.

I will eaſily confeſſe that in manner the Author hath offended, for no man can handle a cauſe ſo well but there will fault appeare in it, as appeareth by Iob who having a good cauſe handled it weakely: It is eaſier to handle an ill cauſe cunningly, then a good one well.

Iud.

Nay but you have maliciouſly offended in publiſhing this Booke, which tendeth to the overthrowing of the State and the moving of Rebellion.

Vda.

My Lords that be farre from me▪ for we teach that in reforming things amiſſe if the Prince will not conſent, the weapons that Subjects are to fight withall are repentance and prayers, patience and teares.

Iud.

Yea you had done well if you had uſed theſe weapons rather then to have made this Booke.

Vda.

God forbid but that wee ſhould give unto her Majeſtie that Honour which juſtly is due unto her, for we have not taught the people to reforme the State without the Prince, and our practice hath proved the ſame, for wee never taught any of her ſubjects to goe before her, but to leave that Honour as belongeth to her Majeſtie.

Iud.

Well▪ will you ſubmit your ſelf or not? for elſe I muſt proceed to iudgement, and I have no authority to favour you, neither will I ſtay ſentence of death according to my Office, what my brother hath I know not, and therefore ſhortly ſubmit your ſelfe or elſe! am to pronounce ſentence of death.

Vda.

And I am ready to receive it: For I proteſt before God (not knowing that I am to live an houre) that the cauſe is good, and I am contented to receive ſentence ſo that I may leave it to poſterity how I have ſuffered for the cauſe. But my Lords the cauſe excepted, I will ſubmit my ſelfe in any thing.

Iudg▪

Let the Cauſe alone and tell us no more of it, but acknowledge your ſelfe to have offended the Queenes Majeſtie,

Vda.

I may not in any caſe yeeld in the cauſe, I have almoſt ever ſince I was a Preacher of the Goſpell profeſſed it, and therefore I cannot bee at this time changed.

p. 25Iudg.

Let (I ſay) the cauſe alone and ſay what you will doe.

Vda.

I muſt needs profeſſe it and mention it, leſt it ſhould bee thought that I have ſtarted from it, but for any thing that I have done in the manner againſt Law, I am heartily ſorry for it, more then this I cannot ſay, do with me what you will.

Iudg.

But are you ſorry for offending her Majeſtie and her laws, and be you conten…ed to amend and to live in obedience as becommeth a good ſubject?

Vda.

I am content to ſeeke the advancement of this cauſe by no other meanes, then that which may ſtand with the lawes of this Land, and the duty of a good Subject.

Iud.

I come not here to intreate you to ſubmit your ſelfe, but you ſhall doe it willingly upon your knees, and crave her Majeſties mercy.

Vdall.

Then Mr. Vdall kneeling downe ſaid, I refuſe not any kind of ſubmiſſion to Her Majeſtie: And I intreat your Lordſhips to be a means to her Majeſtie for me. And if I were worthy that my poore papers might come unto Her Majeſtie, or to her Honourable Councell, I would write thus much unto them.

Iudg.

Nay will you write thus much unto us, that wee may firſt ſee it and commend it to her majeſtie?

Vda.

I willingly doe it.

Thus they diſmiſſed him.

And this is the ſum of that which I with the helpe of others could remember, having not any intent to leave out or enlarge any thing further the… the meaning of the Speakers did intend; notwithſtanding many more things were ſaid on both ſides, eſpecially the ſet Speeches of both the Iudges and of Mr. Daulton to the diſgrace of the deſired Reformation, which could not well be expreſſed in particular, and therefore I have left them. Alſo many other things Mr. Vdall purpoſed and begun to ſay, which they ſtopped, ſo that they could not be perceived.

The Aſſiſes being thus ended, Mr. Vdall was returned to the priſon of the White-Lyon againe where he continued till the Seſſions in S…ut…warke▪ begining the 18. day of February, 1590. during which time he wrote a ſupplication or ſubmiſſion to the Queenes Majeſty, as followeth:

To the Queenes moſt Excellent Majeſty.

MOſt Gracious and dread Soveraigne, The preſent lamentable eſtate wherein I ſtand, being found guilty by verdict, to be Author of a Book intituled, … Demonſtration of Diſcipline, and being without your gracious pardon▪ to die for the ſame: I humbly proſtrate my ſelfe at your Majeſties fe…, ſubmitting my ſelfe in moſt humble manner as becometh a dutifull Subject, to ſuch order as it ſhall pleaſe your Highneſſe to appoint▪ to whom God hath given ſo high and Soveraigne a power as is able both to kill and to quicken, to bring to the gates of death, and to cauſe to returne to the comfort of life p. 26againe: Before whom ſtanding thus convict, I am not to pleade my innocency: yet I moſt humbly deſire it may not offend your Excellent Majeſty, that I proteſt (of the truth whereof I call God to witneſſe who knoweth all ſecrets, and will judge both the quick and the dead) that I had never any thought or imagination to publiſh, write, or doe any thing maliciouſly▪ or tending to the diſhonour or ſlander of your Majeſties Royall perſon or Princely eſtate▪ under whoſe gracious government I have attained to ſo many benefits and bleſſings; amongſt which I moſt highly eſteeme the true knowledge and …a…e of God; in regard whereof, I have bin alwaies▪ ready even to adventure my life, for the preſervation of your moſt Royal perſon and defence of your Princely eſtate, and the ſame have alſo taught un…o others, as a thing …pecially commanded by God; notwithſtanding feareing the ſeverity of juſtice unto death: I flie for life unto your Majeſties moſt gracious mercy moſt humbly deſiring your Highneſſe of your mercifull compaſſion for reliefe of my poore and miſerable eſtate, to grant me your gracious and comfortable pardon, whereby▪ I may be diſcharged, both of the offence and puniſhment▪ which the law hath ſaid upon me. Other hope then this have I none▪ (but the truſt I have in▪ God, according to his promiſes) that your Majeſty by a ſpeciall gift of God, is gracious and mercifull, and have vouchſafed to ſhew mercy even to ſuch as were not only by imputation of law but indeed malicious and mortall enemies to your Highneſ…e, and therefore▪ I hope that the ſame goodneſſe of ſo Princely a nature may be moved, and will ſhew forth it ſelfe in like gracious compaſſion on my behalfe; which gracious pardon on my knees I moſt humbly crave your Excellent Majeſty to grant unto me▪ by which ſpeciall favour being raiſed as it were from the dead, I promiſe and vow to leade the reſt of my life in all humble and dutifull obedience unto your Majeſty; praying continually for the preſervation of your highneſſe precious life and happy government, to the honour of Almighty God, and the comfort of all obedient and dutifull Subjects.