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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	judge_n	law_n	2,498	5	5.0932	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95750	A nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy. Evinced by their tyranicall persecution of that reverend, learned, pious, and worthy minister in Jesus Christ, Mr. John Udall, in the raigne of Queene Elizabeth. To give satisfaction to all those that blindely endeavour to uphold episcopall government, that their lordly rule in the purest times of the said queene, is the very same with that they have exercised ever since, even to these times. Together with the prelates devises to make him submit, and to subscribe to submissions of their own contriving and invention. And also King James his letter out of Scotland to the queene, in the behalfe of Mr. Vdall and all other persecuted ministers in her realme.	Udall, John, 1560?-1592.; James I, King of England, 1566-1625.	1643 (1643)	Wing U14; Thomason E87_6; ESTC R212794	52,416	53

But I pray you let mee proceed to the reasons that I have to alleadge for my selfe Then I lest the first reason of purpose seeing I did rather wish that they only should understand it which they did by my papers overnight then to blaze it to the World so that I did begin to speake according to the second reason mentioned before whereupon Sergeant Puckering prayed Baron Clarke to speake seeing it did most concerne him Iudg. Clar. I must needs tell you you ●●e us and the seat of Iustice great wrong indeed ● told the Iury what was the law in the opinion of all the judges of the land for it was not my private opinion as I said also at that time Vda It is not materiall my Lord in this case what the Judges thinke for though all the Judges in the World thought so our lawes thought no man a Felon or capable of sentence as a Felon till hee bee convicted by the verdict of 12. men Clar. You are so convicted as the record will testifie Vda I acknowledge the record against mee but I appeale to your Lordships conscience whether you delivered not unto them speeches to this effect As ●or the Felony you are not so much to enquire but only whether he made the booke leaving the Felony to us Clar You doe me great wrong I onely told them the law Vda Well I leave it to your Lordships favourable consideration you perceive my reason Then I spake to the third Reason whereupon it was said Puck All that you say tendeth to the disgracing of the Court of Iustice holden against you heretofore the jury were left to their owne consciences and did as they saw meet to doe Vda No my Lords I speake not any thing to disgrace the court of justice for I acknowledge both this course and all others of the like nature to bee Gods holy Ordinance which I ought to reverence neither doe I speake to defame the Jury but onely to give your Lordships occasion why you may not to proceed to sentence thereupon for if the Jury did well why should it grieve any of them if they did ill your Lordships may not proceed to sentence thereupon Puck We cannot remember the particular circumstances that then passed ●either are we to call in question the verdict but it is our office to give sentence according to it Vdall I pray your Lordships tell mee one thing must the judges alwaies give sentence according to the Verdict or may there not be cause to stay it Clar. Yes there may be cause to stay the verdict such may the case be Vda And I desire no other but that my reasons may be well weighed whether my case be such or no Then I prayed for so much as they had the substance of that in writing afor hand which I meant to say it would please them to give mee leave to say at once what I could lest my memorie being so much weakened and dulled be imprisonment should faile mee and so I leave some materiall thing unspoken Then I spake according to the 4 5 Reasons wherunto little was replyed saving such as things were mentioned at my arraignment Only Baron clarke used a very long speech wherein he compared Mr. Stubbs his cause and mine together and after the end of his speech Judge Puckering said Puck Who taught you such law tell you you are much deceived and abused in it one may bee within the compasse of Felony though hee doe not directly meant any such thing Vda Your Lordship knoweth I pleaded these points the last Assises when I came from close imprisonment to the barre I understand English which is the language wherein the Statute was written and I professe my selfe a Scholler and therefore to have through Gods mercy some understanding of the sence of that I read It seemeth to me most direct and no otherwise to be taken then I understand it Then I spake according to the 6 and 7 reasons whereunto it was replyed thus Puck You are deceived in that you thinke the witnesses against you the lesse lawfull because the parties were not present It is an ordinary thing to have witnesses examined in the Chancery and other such like Courts which doe remaine thereof as sufficient credit for ever as they were when the parties oath was taken upon the same Vda Then would I have answered that the case was not alike seeing the High-Commission is no Court of Record but I was not then suffered to speake for that it was said by the other Judge Clar. Where do you finde that there must needs by the word of God be two witnesses face to face Vda It is so cleare as the witnesses were also to have the first hand in executing the punishment upon the party offending Puck That was according to Moses Law which we are not tyed unto Vda It is the word of God which hath a parpetuall equity in it for the life of man is so precious in the sight of God as he would not have it taken away without most evident and manifest proofe such as in his Law is set down Clar. We are not now to call in question the proofes seeing the Iury did thinke them sufficient This speech of yours tendeth to prove the Iury perjured Vda Not so my Lord I thinke of them that they did according to their consciences but being men unlearned and the case being strange unto them they may have don their best and yet you being men of more knowledge and judgement are to looke further into the matter Puck Whereas you say that none of the witnesses did directly prove you the Author of the fact that was not necessary for if all layd together and the circumstances considered do prove it it is as good a proofe as if every witnesse were direct Vda But the Law of God from which I trust our Laws dis-agree not would that every proofe be direct Puck And do you thinke indeed that the Laws of this Land are agreeable to the word of God Vda I do not professe to know them but surely I have so reverent an opinion of them that I trust the grounds of them are according to the word of God however in some particulars the proceedings may misse thereof Puck Then the Government by Arch-Bishops and Lord Bishops is according to the word of God seeing the Laws of the Land do allow them Vda I pray you my Lord take me not so generall for that will not follow upon my speeches P. Well you may not now disgrace the witnesses you should have done it at your Arraignement Vda I neither meant then nor purpose now to disgrace the witnesses but to shew the insufficiency of their testimony in this case that your Lordships may thereby see some reason to stay the sentence The first testimony that was alleadged was that of Mr. Chatfield who affirmeth that it was not given in against me upon his oath but only in his anger he set his hand to

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 Iudg. 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 againe 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

but is now sorry for it Puck You should have alleadged this before it is now too late Vda It is alleadged too late to prevent the verdict but if there be any force in it it ought to be considered to stay the sentence I could alleadge it no sooner because I knew it not till after the verdict Puck We may not suffer you to proceed so to disgrace that which is passed already If you have any other thing to say speake on otherwise we must do our office Vda It is not my meaning howsoever you take it to disgrace any thing passed hertofore onely I pray you further to consider that Thompkins whose testimony onely carried some shew protested before my commitment that he would not for all the world affirme me to be the Author of the Booke Puck Why did you not pleade these things to the Iury Vda I did so and offered to produce sufficient proofe for it but your Lordships answered that no witnesses might be heard in my behalfe seeing it was against the Queene which seemeth strange to me for methinks it should be for the Queene to heare al things on both sides especially when the life of any of her Subjects is in question Puck The witnesses were then thought by the Iury sufficient to prove the matter which we may not now call in doubt therefore say on if you have any more Vda Then I spake according to the eight reason whereupon it was said Clar. I tell you you are not called into question for the cause as you call it nor for the body of the Booke but only for slanderous things in the Preface against her Majesties government and therefore you may let the cause alone Vda But it is for the hatred borne to the cause that I am thus entreated for had not it bin handled in the Booke such matter as is now made of the Preface had never bin objected against me or any other Puck Well it is best for you to leave off all other pleas and submit your selfe to the Queenes Majesties mercy Vda I will do so with all my heart Puck But will you do it as you did the last Assises Vda Yea that I will And so I spake according to the last reason whereupon it was said Puck You confessed that you were justly condemned Vda I am not yet condemned Puck I meane convicted by the Iury then you acknowledged that you had offended her Majesty that you were sorry for it and promised that you would never do the like againe Vda My Lord it is not for me to oppose my word and credit which is nothing against yours I refer it to them that heard it onely I pray you give me leave to speake of it as I take it that it was First I did avow and so I do now and will do whilst I live that the cause handled in that Booke is an undoubted truth Clar. How often shall we bid you leave the cause and tell you that you are not troubled for it Vda But it is the cause that is sought to be defaced in my person and therfore I must and will still prof●sse it and justifie it wha●●●ver disgrace I receive by it unto my selfe I pray you let me proceed Secondly I did protest that I never had any purpose to deface but ever to seeke ●o honour her Majesty and her Government Thirdly I professed that the course of Law against me was due whereby what I have meant you have heard Fourthly I said that I never had any purpose to do any thing to the advancement of this cause but keeping my selfe to the uttermost of my power within the compasse of Law Lastly I never confessed my selfe to be Author of the Booke Then my submission was this that if I had don any thing to the advancement of so holy a cause which had brought me within compasse of the Law or might justly offend her Majesty I was hea●tily sorry for it if this be not it let me have any other drawn wherein the former points are justified and I will set my hand unto it Puck But all this is nothing to your Booke in particular what say you to it Vda I say this that though I hold the matter in it to be a most manifest truth yet I confesse the manner of handling in some part to be such as might justly provoke her Majesties indignation Puck Because you stand so much upon the cause as you call it you provoke me so as I must needs say somewhat of it lest the audience should thinke some matter in it more then is Vda My Lord you understand my judgement therein I beseech you speake not against it unlesse you will give me leave to replie unto you Puck I may not do so you pr●v●ke me to it your Discipline that you stand upon whereupon is it grounded forsooth upon the saying of Christ Tell the Church which never was expounded these 1500. yeares as you do within these few yeares Vda My Lord he did abuse you that told you so Chrysostome expoundeth it thus tell the Church that is the governors of the Church Puck He meant the Governors of the Iewish Synagogue Vda How can that be when he lived above 400. yeares after Christ Puck Was there never any that could finde it out before now if it were a truth Vda Yes it hath testimony sufficient if it might be received Puck And lest men should thinke that your matter were as good as you pretend I will tell you what I know It is written in one of your Bookes that without an Eldership there is no salvati●n Vda I am perswaded that cannot be shewed Puck Yes it is in Theses Martinianae one writ that i● is time to number our hot Brethren Another Mr. Snape of Northampton by name wrote that the Bishops should be p●t down all in one day These things he did discourse of at large in an invective speech most bitter ●ending to perswade the people that we meant to rebell and set up the Disc●pline and pull downe the Bishops by strong hand and went about to imp●ir● the Queenes Prerogative and patrimony After which with much adoe I got aud●ence to this effect Vda My Lord I protest in the presence of God and hearing of all this people that neither I nor any of my brethren that ever I was acquainted with to my knowledge did so much as ever purpose or speake of any such means as your Lordships mentioneth to bring in the discipline but onely by prayer to God supplication to her Majestie and such other peaceable meanes this is my answer to your large invective And whereas my Lord you seeme to bee so hardly carried against the cause I would not doubt but if I might privately conferre with you with the blessing of God to perswade you to be a friend unto it And after some other speeches of other bookes and the aforesaid speeches in the bookes mentioned already Judge Puckering said Puck Nay I tell you

deale with a man of that piety and wisedome that you have bin worthtly in the Church long agone esteemed to be of and so have continued to t●●● reverend age that you are come unto It may please you Sir to understand that I have considered of the forme of submission that your Worship brought unto mee and find nothing in it but that in a good conscience I can yeeld unto for it requireth not of me any dentall or disallowance of the Cause of Discipline debated in the booke for which I am in question the substance of which doctrine I believe to be the undoubted truth of God and therefore ought never to deny or disallow it Notwithstanding with my perswasion I take God to witnesse that I never purposed to doe or perswade any thing whereby it might be advanced but by peaceable meanes endeavouring to keepe within the compasse of Law Further also the said forme of submission chargeth mee not with any malice against her Majestie from which likewise I acknowledge as in the presence of our Saviour Christ that is ready to come to judge the quick and the dead that I have bin alwayes free and have carried a Christian loving and dutifull affection to her Majesties Royall person and estate as I know by the word of God I ought to doe which being so I have resolved to satisfie the authority from which you brought me the said forme of submission and at your good pleasure without further limitation simply to subscribe it Good Mr. Deane in the bowels of Christ have compassion of my estate more wayes lamentable then I can in a few or many words expresse or as I thinke any other but only the spirit that is taught to pray with groans that cannot be uttered and in such christian compassion by your favourable and earnest mediation to the authority that may relieve me procure my pardon and free discharge of the dangers and troubles wherein I am that I may say with the Prophet I shall not die but live and declare the works of the Lord So shall not only my poore Wife and Children but I hope many others praise God for you in that respect and my selfe as beholding unto you in a case of life continually pray for you your good estate to the Lord of life blessed for ever Amen After I had thus set my hand hereunto I advised also to write unto certaine of the Councell and other honourable persons besides partly to let them understand in what sense I had yeelded hereunto and partly to intreate their favour and furthermore for my liberty the copy of which letter for it was the same word for word to every one the Title of their severall estates excepted here ensueth RIght Honourable my present lamentable condition enforceth me in most humble manner to crave so much leisure of your Lordships from the weighty affaires of the State as to consider of these few lines The Reverend Mr. Nowell Deane of Paules and Mr. Doctor Andrewes a few dayes agoe brought me forme of submission as they said from authority with hope of favour for my life if I would yeeld unto it Whereof having considered and finding nothing in it but which I had heretofore yeelded unto when Mr. Doctor Bond was with me one clause excepted to wit That the faults doe deserve to bee punished according to the Lawes of the Land Which yet hath no such words but may beare so good a sense as I thinke may in such forme submit my selfe without either condemning the suite for a further Reformation or my selfe as justly deserving by the Lawes to die I cannot discerne sufficient cause to refuse it for by the hardest word that I have by due course of Law bin convicted and condemned I understand the forme of proceeding by ind●●ment Arraignement Jury Witnesses and such like as also by that clause that the manner of writing is in some part such as deserveth justly to be censured and punished by the lawes of this Land I meane of such censures as the good Lawes of this Land administred with Justice do ordaine for punishing of such offences in the manner of writing which cannot bee of death without malice against her Majestie From which I take Almighty God to witnesse I have bin alwaies free In regard wherof I feared lest I might be thought to stand too comentiously and undutifully with Authority too be to carelesse of mine owne estate if I should not yeeld to such a form of submission as they brought unto me Wherein having yeelded as farre as in conscience I may and as authority by their meanes requireth of mee My most humble suite to your Lordships is that in your Christian and honourable compassion of my most lamentable estate that that may please your Lordships by your favourable mediation to her excellent Majestie to further my most humble suite for my pardon and free discharge of these my grievous troubles So shall I bee bound yet more heartily to praise God for your Honour and to pray unto God for your prosperous estate long to endure to the glory of Almighty God and to your own everlasting comfort WIthin foure or five dayes after Mr. Doctor Andrewes returned unto me signifying that all that was done was mistaken for that was not the submission that was meant of me but another Which when I had perused I sound it the same onely the last clause left out which was ostered mee by the Judges at the Assises And he said the Clarke to whom the making of the letter to Mr. Nowel putting in one for another And because I utterly refused to consult of it as having yeelded before to so much as I might hee prayed me to understand what I tooke exceptions against and for what Reasons So wee entred into many discourses as first how the Discipline could be said to be against the Queenes Prerogative Royall seeing it was as I said I did beleeve expressed in the Scriptures whereby all lawfull priviledges of Princes are warranted Then we debeted whether the Supremacy of a christian Prince be the same with an Heathen or diverse from it After that whether the authority of Princes in making Church laws be dejurt or de facto only And lastly of the most points of discipline Thus we continued 5 or 6 hours and at last he would have no answer of me then but he prayed me to advise of it for he would come againe I answered that the oftner he came the welcomer he should be but I told him I would not accept of it yet hee came twice after and tooke my reasons of my refusall to yeeld thereunto and promising me all the favour he could procure me he departed After this the Assises approaching and the generall report being that it would go hard with me I being desirous to use any good meanes did not onely solicite the Earle of Essex and Sir Walter Rawleigh who had heretofore dealt for mee but also I was advised to write

one Roch. Your sentence f●r this time is to goe to the Gate-house close Prisoner and you are beholding to my Lords here that they have heard you so long Vda I acknowledge it and do humbly thanke their Honours for it And when they were all gon my Lord Cobham stayed me to speake to me who told me that it might be he and others wished things to be amended as well as I but the time served not and therefore he wished me not to stand in it and I praying his Lordships good favour he promised to do for me what he could for which I humbly thanked him and so was carried to the Gate-house by a Messenger who delivered me with a Warrant to be kept close prisoner and not be suffered to have pen inke or paper or any body to speak with me Thus I remained there halfe a yeare in all which time my wife could not get leave to come unto me saying only that in the heareing of the Keeper she might speake to me and I to her of such things as he should thinke meet notwithstanding that she made suit to the Commissioners yea unto the body of the Councell for some more liberty all which time my Chamber fellowes were Seminary Priests Traytors and professed Papists At the end of halfe a yeare I was removed to the VVhite-Lyon in Southwarke and so carried to the Assises at Croydon where what was done I will not mention seeing there were present such as were both able and I th●nk willing to set down unto whose report I refer those that would know the same A 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 shewed 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 Then 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 whereas 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 onely 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 hath 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 heed 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 Mar-prelate 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

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 onely this I could wish you to leave it to be first decided by the learned Divines to whose calling it belongeth And although some 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 onely 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 tendering 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 for some are against the cause through ignorance Iud. It is all one in effect Vda 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