My lord
book; will you swear answer such things seeing the apostle saith, ‘Receive not accu
the behalf sation against elder, under two three wit nesses:’ which Semanca, the Spanish inquisitor,
allegiance her alledgeth the same purpose.
book; will you swear answer such things seeing the apostle saith, ‘Receive not accu
the behalf sation against elder, under two three wit nesses:’ which Semanca, the Spanish inquisitor,
allegiance her alledgeth the same purpose.
Complete Collection of State Trials for Treason - v01
Joh UDALI, Puritan Minister, Croydon
ELIz. 24th July, 1590. Himself. ]
ON Tuesday the 13th January, 1580,
appeared my lord Cobham's house the know who he was.
Blackfriers, before my lord Cobham, my lord Ander. this true, Mr. Beadle? Buckhurst, my lord Anderson, the bishop Beadle. have heard that there was such Rochester, Mr. Fortescue, Mr. Egerton, the thing, but was not there please
Assizes, for Felony: [Wrote
gueen's Solicitor, Dr. Aubery, and Dr. Lewen. Then was called before them; whereupon my lord Anderson said unto me.
Anderson. How long have you been Newcastle
your lordship.
Aubery, Lewen. There was such thing, my lord's grace told us.
U. am the hardlier dealt withal. be fetched far this time the year.
have had journey would not wish unto my enemy.
Roch. You may thank your own dealing
matters that you should not have meddled withal.
Ander. more than heard, that ever you were called answer; but you are an swer concerning other books.
hope your lordships will not urge me
any others, seeing was sent for about those. Ander. You must answer to others also
what say you those books? Demonstra tion Dialogue, &c. did not you make then?
cannot answer thereunto.
Ander. Why would you clear yourself
Martin, and not these, but that you are guilty herein
Udall. About year, ship.
please your lord -
Ander. Why went you from Kingston upon Thames
Udall. Because was silenced there, and was called Newcastle.
Rochester. What calling had you thither
Udall. The people made means Huntingdon, who sent me thither.
Roch. Had you the allowance of that diocese?
my lord the bishop
Udall.
Roch. archbishop.
There was none that time. Then you should have gone
the
York
Udall. There was neither.
archbishop ~
Ander. You are called hither to answer concerning certain Books, which are thought
your making.
for any Martin's Books (ac
cording my Lord Chamberlain's Letters, that fetched me, import) have already answered, and am ready again.
Ander. Where have you answered and what manner
Lambeth, year and half ago,
Not so, my lord; have reason an
cleared myself not the author, nor
swer the one, and not Ander. pray you let
the other.
hear what reason.
seeing they are written concerning one matter.
for cannot conceive
This the matter, my lord; matter proposed them
would not thought handle
ner, which the former books do; and because
hold the one, but
that man
to V. Ts. be
of
l of
is
*
At asIfof
:
a doH
in of Iin ofat ofsir
a
of
s
to N
of by to
Iin
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it,usinI
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a ittoIat sir
* so be by to a
of
no
if of of it
to for by
of of
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U. U. U. or U. a p. all
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beisI ItsoIIs so to is :
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he D. II. it at a
of at
at in at on
it to
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32
sir by
a
at
all
I
at
1273] STATE TRIALS, 32 Eliz. 1590–for Felony. [1274.
think otherwise of the latter, I care not though they should be fathered upon me.
Buck. But I pray you tell me, know you not Penry
cannot answer that question, my lord. -
Ander. You had good say you were the author.
Martin * Cob. Mr. Udall, you not the author,
U. No, surely, neither do I think him to say so, and you be, confess you may find be Martin. favour.
U. Yes, my lord, that I do.
That will not follow; but you think Buck, And do you not know him to be so, cannot do withal.
My lord, think the author, for any U. This, my lord; when first it came out, thing know, did well, and know that
he (understanding that some gave out that he enquired after punished; and therefore was thought to be the author) wrote a Letter think my duty hinder the finding him to a friend in London, wherein he did deny out, which cannot do better than thus.
with such terms declare him ignorant Ander. And why so, pray you
and clear Because every one that suspected Buck. Where that Letter deny the author the length must needs
Indeed cannot now shew you, for be found out.
Buck. What is your reason
have forgotten unto whom was written.
Ander. Why dare you not confess you the author Dare you not stand
your own doings?
professed before that liked the
books, and the matter handled them but
whether made them no, will not answer;
neither any other book that argument,
whatsoever goeth without name, you should
ask me, for the reason alledged before: besides
that were the author, think that law need not answer.
Ander. That true, concerned the loss your life.
pray your lordship, doth not the law say generally, man shall put answer without presentment before justices, things
record, due process, writ original &c. Anno Edw. cap.
Ander. That law, and not law. understand you not, my lord;
Buck. You will not tell where Why, my lord, tendeth
one, and the accusing none.
is.
the clearing
Buck. Can you tell where Penry No, surely, my lord.
Buck. When did you see him About quarter year ago.
Buck. Where did you see him
He called my door, and saluted me.
Buck. Nay, remained belike with you No, indeed; neither came my house, neither did much drink with me.
Buck. How came you acquainted with him think Cambridge, but have -been
often been his company. Buck. Where
divers places, and namely
mine
often
own house whilst dwelt
Buck. What cause had you his company
statute which force, not repealed. Ander. tell you, law you ought an
Kingston.
He being scholar and student di
vinity, and one whom aiways thought
an honest man, your lordship may easily con
ceive the cause. Here was much to this same
effect spoken about Mr. Penry, and my being for profess understand the Latin, French
tell me
Mrs. Crane's house Moulsey, and with and English Tongues, wherein the laws
her, &c. which always answered, the written.
the law; New
like case concerning Mr. Horton Richmond before the archbishop. Then Dr. Lewen read
ing my Answers those Questions, that had been the Archbishop propounded unto me concerning my Papers my study, and name
the notes my several Conferences with the bishops and their officers; was asked,
remember, Mr. Fortescue:
Fortescue. Why did you pen such things,
and keep them
Roch. Because and such like might apishly imitate the martyrs former times,
ortes. You are very cunning
pray you what law did you preach
us,
smore easily made use writing than other wise, the memory man not being infinite.
Ander. What say you, did you make these books, know you who made them?
castle, being forbidden Kingston
know law against seeing was
the official Dr. Hone, who did silence me;
whose authority reacheth not out his arch deaconry.
Fortes. What was the cause for which you were silenced -
Surely cannot tell, nor yet imagine, saving the secret suggestions Mr. Harvie.
Fortes. To ignorant that, crassa supina ignorantia.
No, sir, the action was crassa supina injuria.
Ander. Well, what say you those books? who made them, and where were they printed
Though could tell your lordship, yet dare not, for the reasons before alledged.
Roch. pray you me ask you question two concerning your book. -
and account themselves persecuted those were the popish Bishops.
The cause this, for that
ness wit, and readiness memory
those things may spoken, that age will
the quick youth,
swer
this case.
Good my lord, shew me this favour, what book the law shall find it;
or
of by AtI
l
I I
U.
in ofifIitI
let
at
byif ifI or atI to itit5. itofI Ibe
of
be is to * heat he
is as
1ly at in of×
U. U. U. U. U. U. U. U. U. U.
by in in *byofIaIat a Iit.
of he in at I sohe it
in
at of of it of a
ofI as
inin . of toI -toit
to be
in as be is
by so in in to in
in
beasas be:? I-it,
or Iofbedo
U. IU. U. . IinIIII I
U. U. U. U. IU. U. U.
* by I42or
I I to is byno
of it,
Iif to
to
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ofof
be is or be or to
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all I
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et at it
to it is
by
it, of :of if
is
he
1275] STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [1276 U. It is not yet proved to be mine; but I Buck. My lord, standing with hion
w. ill answer to any thing concerning the matter of the book, so far as I know.
Roch. You call it a demonstration; I pray
what is a Domonstration? I believe you tnow not what it
you had asked me that question when
thus: what sayst thou, wilt thou take the oath?
as
said, My lords, know not that have offend her majesty; when proved that have,
hope her mercy will not then too late: howsoever be, dare not take this oath.
Aubery, Lewen. You have heretofore taken
and why will you not take now?
was boy had been been unable
Cambridge year's standing, note ignorance me, have
answer you.
Roch. Surely seemeth the frame
the syllogisms and reasons that you know not, you the author that book: read none late, but the parliament-time,
sitting morning
the house, read some me many things, not
much less demonstra
it; and
seemed
*; probably, conclude
you Indeed it; call
refuse
good was called answer
will shew you,
author called Demonstration; because the
reason which usually brought prove the
conclusions, commonly drawn from place and preaching the points discipline, which
scripture, which hath more force
manifest the conclusion &roux],xos, than any Aristotle's proofs drawn, they say, primis, veris, necessariis, immediatis causis. -
could never have been proved; and when uny friends laboured have me restored my place, the archbishop answered, that there was sufficient matter against me, unine own con fession, why should not restored where
take why the
reason
My lord, can.
have said much thereunto They then commanded me forth, and
they
again, which time almost every one them used many words persuade me confess truth; saying the queen was merciful, and that otherwise would hardly with me: whom
space,
consulted little and called ine
certain articles upon mine oath heretofore, which voluntarily did, and freely confessed
that against myself, concerning my judgment
remembrance
Roch. Indeed that which proved the
Scriptures, proved most demonstratively upon covenanted with mine own heart, never
but the proofs such.
Let that some one.
mine own tormentor that sort again.
Ander. Whatsoever the issue you
must your duty, and deal plainly with the Imagistrate.
take my duty this case, not answer, nor the magistrate's require me;
that book are far from any -
the question, and try
-
Rochester, pray you - let make short work with him, offer him
Ander.
My lord
book; will you swear answer such things seeing the apostle saith, ‘Receive not accu
the behalf sation against elder, under two three wit nesses:’ which Semanca, the Spanish inquisitor,
allegiance her alledgeth the same purpose.
majesty, wherein will acknowledge her supre Buck. What, you are Elder, are you
shall demanded you our sovereign lady the queen?
will take oath
macy according statute, and promise my obedience becometh subject; but swear
My lord, howsoever the word Eider
accuse myself others, think you have law for it.
-
taken, whether largely
that desire the discipline minister the word,
and my brethren take only for our adversaries un
Ander. Mr. Solicitor, pray you tell him the law this point.
Then Mr. Solicitor (who had sitten the while very soberly) noting what passed (and
derstand am Elder.
Roch. true, my lord, that Elder
that place containeth such but none else.
man's mind may known his counte Buck. Yea, but they would have other El
nance, seeming mislike the course holdei, against me) upon my lord Anderson's com
ders govern the church; which desire theirs, when cometh pass, will give over
mandment, up, putting me, stood and -
hat
my barony, and become your lordship
Elder. understood what
unto said:
Eger. Mr. Udall, am sorry that you will
not answer, nor take oath, which law you ought can assure you, your an swers are like the seminary priests answers; for they say, there law compel them take an oath accuse themselves.
great pains, and small worldly recompence belongeth
Sir, liberty law, there
reason why they should not challenge
(though they very bad ones) they are sub God's will done! had rather go
jects, and until they condemned law, may prison with good conscience, than
require the benefits subjects; neither that any reason, that their answering so, should
make the claim less value for me, seeing that herein are subjects alike, though otherwise
most contrary disposition.
berty with one.
Roch. Your sentence for this time
go
that office, you would never, say so.
Roch. The day past, and we must make
end: will you take the oath? U. dare not take it.
Roch. Then you must prison, and will hard with you, for you must remain
for there until you glad take *
the Gate-house close prisoner, and you are
beholden my lords here, that they have heard you long.
of a
U.
a to as
U. us U.
of toof it itI U. U.
we all
in
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by
off his
er
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isit it toain
in
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isa be
it
a is I an benoIbe a toof
of is. I in in of
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to anto go I
If to it
I do
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at
to
illbe
it, to ItI of
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it it
ana
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e Igo
an
be be be
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it of :
anof it, to
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it; by is
to
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all
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to be to go
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is no
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as
STATE TRIALS, 32 Eliz. 1590–for Felony. [1275
U. I acknowledge their honours for it.
that might and others wished things lives and your deaths; look upon them when amended well but the time served they are called sworn, and you know not, and therefore wished me not stand any cause, take exception against them. Then it: and praying his lordship's good favour, the rest the felons having nothing say,
romised for me what could; for which Mr. Udall said, My lords, am ignorant
the law this point; pray you therefore shew me the manner challenging the Jury; how many may challenge, and whether may
and humbly thank
Then the Clerk the Assizes said the parties arraigned, after had read the names
the Jury before them, These men whose ham stayed me speak ine, who told me, names you have heard, are upon your
And when they were
gone, my lord Cob
humbly thanked him, and was carried
the Gate-house messenger, who delivered
me with warrant kept close prisoner,
and not suffered have pen, ink, pa render reason for the same.
per, any body speak with me. Thus re Judge. think you will know cause mained there half year, which time my your conscience, before you challenge any
wife could not get leave come unto me; sav them. ing only that the hearing the keeper she
might speak me, and her, such things she should think meet, notwithstanding that
she made suit the commissioners, yea, unto the body the council, for soune more liberty:
-
Then pray you, my lord, how many law permitted challenge?
which time my chamber-fellows were semi tion was made according the manner: That nary priests, traitors, and professed papists. At any man could give Evidence against
the end half year, was removed the John Udall, prisoner the bar, that they White Lion Southwark, and carried the should come into the court and heard. assizes Croydon; where what was done, Then Mr. Daulton stood up And the will not mention, seeing there were present mean while Mr. Udall said the Judges
would know the same.
At the Assizes Croydon, the 24th July, 1590.
speak.
Judge. Say on.
Mr. Udall was called, and commanded
hold his hand the bar; who held his
hand accordingly. Then was his Indictment
read, being thus: John Udall, late London,
clerk, thou art indicted, &c. The form
which Indictment was against murderers
Inamely, That not having the fear God swering, and also more ready help the
before his eyes, but being stirred the in
stigation and motion the devil, did malici
ously publish slanderous and infamous libel
against the queen's majesty, her crown and
dignity. And being asked whether were hath spoken one point what can, may
Guilty, not Guilly, answered thus:
My lords, may please you hear me
answer that before proceed any further, lest my memory being overwhelmed with mul titude matter, should forget answer
word or two
Judge Clarke. Answer first
ment, and then you shall heard.
the Indict some points importance, and the Jury made
My lords, word or twain.
beseech you hear me first
less able discern the particulars. The se cond that might please you grant me
-
answer without interruption.
Judge. You shall have them both granted. Dault. Then Mr. Daulton said, Mr. Udall,
. . sudge. Say on. My case
rare, and such
been heard heretofore, and consisteth upon you have these petitions granted you, desire
divers points law; humbly crave your lordship grant me answer counsel,
the same you. And then desiring leave the Judges, before should prove the In dictment, say something touching this, that
may be. -
Judge Clarke. You cannot have therefore answer your Indictment.
and this man, and such maintain, &c.
Then answer (my lords), that am not Guilty.
After leave given him, used very long speech, the great disgrace and slander the cause, and those men that professed the same, especially Mr. Udall; and making mention the same speech, five several books
Judge Clarke. How wilt thou desire trict
tried
hath not
inquest
learned men; but seeing shall not, ain con common-prayer, made such
desire re the said these
tented tried the ordinary course,
these men before me are, that you use sey, God and the country,
formation; affirmed, that one
books there was horrible blasphemy,
words the consecration the Lord's Sup
am
Judge. Nay, am not tell you that;
judge, and not give you counsel.
Then Mr. Udall keeping silence, Proclama
such were both able, and think willing thus; My lords, beseech you answer me set down; unto whose report refer those that one question before Mr. Daulton begin
permitted me law answer those things particular, which are brought
prove this Indictment? Judge. permitted.
Then humbly crave your lordships grant me two petitions, which think will greatly further both him speaking, me an
memory the Jury, that they may able
bear the matter away.
Judge. What are your petitions
The first that when Mr. Daulton
of
is,ofto Is to of it
by a
of
heis,
do he
by
to
in
Itoin in-Itoto of f-
in
of
to:
I
he
as
I I to as it, to be I, toall
U. U.
U. U. U. as or it
is, by
asanbe byas
to
up
he of up
of
Iit,of
toto
Ior
?
toasof if a
:ofto toI
toheinto
. . . A
it . . a all as } be
byI upatI todo to or ofof toa to
beofa intobedoas
I of
he
at
a to in
beto atoby he
isI
bybe toI it of
to to
at
toa he
in ofto
to
U. U. U. toIU.
to of
I I in of
is I I to
be
to in of all
II Itobyof to
heofto ofto IItin his it
I-
I is, be as of a
to of
be of
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by into
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to he asato2to a
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of I be be
of
to to to to to to I of in of
so
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ifsit
of
* 1279] STATE TRLALS, Eliz. 1590–Trial John Udall, [1289
per, ‘Take, eat, this is my body; drink, this
is my blood. ' Then he cried out, saying, ‘Oh
horrible blasphemy l’ And taking occasion
upon the variety of these books, he affirmed
that there was no constancy in these men :
And whereas one of the books doth allow, that
over every congregation there should be a
faithful pastor; that quoth he, shepherd, the making such book this is: and whereby they may take the government out
her majesty's hand, and bring her majesty one their sheep no, quoth he, her majesty sheep under any shepherd the
world, except Christ and for the government
that these men seek for, am assured there whom had them, for doubted they con
none such be found the word of God. cerned the state. These Papers saw Mr. U. , Mr. Daulton hath used very large Udall's study Kingston. Also further speech, which doth nothing concern prove saith, that another time, having conferred
the Indictment, me particular; and with Mr. Udall certain field Kingston,
therefore seeing am not called hither dis
called Little-field, about this putting silence; saith, that the said Mr. Udall uttered these
#". it; only will not answer
much will
words, they put that
the Bishops such
silence,
blow, they never
say,
Daulton
cause
yet
ad.
May please your lordships that
may answer these things particular Judge. Say on, let hear your answer.
was accused this time two years upon
permitted,
profession lawyer, and the question among the learned di had been more modesty for
would, should not
thus
please your lordships, that seeing Mr.
him
would
the Jury, &c. thereunto.
Let the Jury consider how that point proved Besides, may proved, that this Book was extant men's hands before the
Conference between Chatfield and me; there fore how can proved that this the book that should give them such blow
who was sworn, that these Examinations fol Dault. But you cannot deny the second
Dault. My masters, you will prove, first, that had
tent making the author
matters contained the Statute,
of
Point, that you had pretended Malice, for
extant your own Confession read his Answer those Articles of Mr. Chatfield.
Then the Clerk read his Answer, this effect,
malicious in secondly, That it: and thirdly, That these the indictinent are felony
this book
Eliz. cap.
Then was Mr. Beadle the Register called,
lowing were the parties themselves confessed the same: and prove the first, the clerk
the assizes
called into the court,
John Udall; but
which the Judges were offended; and serjeant
Puckering said, there was warrant sent for him: whereupon some standing affirmed, that the warrant came after his departure from home. Then Mr. Daulton said, that went out the way purpose and judge Clarke
Stephen give
Chatfield
evidence against appeared not all, for
silence, they would give him occasion and leisure to be em
cxplain these things.
said, Mr. Udall, you are glad that. Mr. Judge. Say on, and brief.
Udall answered; - Mr. Chatfield told me, that was com Udall. My lords, wish heartily had manded come Kingston and be resident
been here; for am sure he never could there, purpose that might put so say any thing against me prove this point, lence, and that there might not appear any
have heard and am able prove
true, that very sorry that ever made any complaint against me, confessing did
his anger, when ‘Martin' came first out; and their suggestions, whom hath proved
since experience very bad men. l)ault. great matter whether
want preacher, being put down; where upon said, effeet, above rehearsed
pray you hear what sense these words were uttered.
Judge. The matter clear, and we ser what you can say well enough; proceed,
Mr. Daulton, the Proof the second Point,
here no, for we have his Articles against you, and your own confession prove this point sufficiently.
Then were Mr. Chatfield's Articles (that brought the archbishop against Mr. Udall) read the clerk, containing report cer tain written papers; tending supposed,
thereupon asked Mr. Udall whose writing they were who answered, they are friend's mine: whereunto Chatfield replied, wishing him take heed them, and rid his hands
hat
Bishops put
T }.
him
writing against them. Then said Mr.
them, and return them his friend from
vines, methinks
Mr. Daulton have suspended his judgment
until the controversy had been determined
amongst them, whose profession belong the words Chatfield, that these papers that
eth especially seeing Mr. Daulton knoweth
did see my study, should the matter ‘Martin-Mar-Prelate;' and because cleared
his conscience, that
ried some shew liking now speaketh against.
hath heretofore car the cause, which
myself that, ther matter: but were set down
now brought prove ano
proveth nothing, unless particular what they were.
Judge. Sirrah, Sirrah, answer the matter
that Mr. Daulton hath against you; Mr. Daul
ton, proceed the proof the points the pose write this Book and those things were Indictment. - collections from your friends, and preparations
JDault. proveth this, that you had pur
the
ton, evident,
plainer than
pray your lordships give me leave
aul
not this most
what can
byinso byheI in is to I is : be
by of
in
he
is if as
it if is
It he is is
as
to
is I noof to inby to
no
to
to I he in
do
as of
23 ofof
of to it
I
Ior ;
I to
be hehein;
is,
to ; a in 2. : of to a in I so he to a of
he it
he he he
at it
ofby tobeaa
toto heto to of in
32
be itbe beof I of Iis hefiheofto
U. U. U. U. U.
to ;
Iofof Iinif
to of I
he
by or to
atoIsto by
it in it. It inof if at
toinis itinititattoof. of 2 be itis in
toinIto a a of
it in; a
is as I be it of is a
usin a
to he he to
to :
I* hetohe
a inof
to to as as a behe to:*is to asbyheahe
to be be
to be it is it of I of he
1251] STATE TRIALS, 32 Eliz. 1590–for Felong. [1232
Dault. And that you be the Author of this was privy the printing that was her
slanderous and infamous Libel, it shall be house; and Mr. Udall used roved clearly to the Jury before your face. All that nothing
often thither. me: what
hen said he to the clerk, read the Answer of used thither, she
Nicholas Thompkins, which was made upon know her
his oath before her majesty's High-Commis what can you gather
sioners. Then was read to this effect, that Why not Thompkins heret odeclare his testi Thompkins knew that Mr. Udall was the Au mony, and say what can
ifthor of that Book called “The Demonstration,' Dault. He beyond the seas about Mer ; for he said that Mr. Udall himself told him so. chandizes, sent away Mr. Gore, who married
Also that he saw either in Mr. Udall's house, Mrs. Crane's daughter.
or in some other place in Kingston, a Cata How doth that appear He mer
logue of the Books that Mr. Udall had chant, but serving-man and were,
made, amongst which the Demonstratiou was what that me? ' But cannot proved
one,
Judge. You see here that this clear, and sufficient Testimony.
carried some shew, but nothing. Judge. Do you call the Testimony one
that Mr. Gore did send him, that here
nothing but bare papers shew evidence against me.
Then there was much said, prove that the Testimony man absent was sufficient,
being honest man, and upon his oath, be were proved his upon the oaths others.
fore the High-Commissioners,
Can you answer it?
ELIz. 24th July, 1590. Himself. ]
ON Tuesday the 13th January, 1580,
appeared my lord Cobham's house the know who he was.
Blackfriers, before my lord Cobham, my lord Ander. this true, Mr. Beadle? Buckhurst, my lord Anderson, the bishop Beadle. have heard that there was such Rochester, Mr. Fortescue, Mr. Egerton, the thing, but was not there please
Assizes, for Felony: [Wrote
gueen's Solicitor, Dr. Aubery, and Dr. Lewen. Then was called before them; whereupon my lord Anderson said unto me.
Anderson. How long have you been Newcastle
your lordship.
Aubery, Lewen. There was such thing, my lord's grace told us.
U. am the hardlier dealt withal. be fetched far this time the year.
have had journey would not wish unto my enemy.
Roch. You may thank your own dealing
matters that you should not have meddled withal.
Ander. more than heard, that ever you were called answer; but you are an swer concerning other books.
hope your lordships will not urge me
any others, seeing was sent for about those. Ander. You must answer to others also
what say you those books? Demonstra tion Dialogue, &c. did not you make then?
cannot answer thereunto.
Ander. Why would you clear yourself
Martin, and not these, but that you are guilty herein
Udall. About year, ship.
please your lord -
Ander. Why went you from Kingston upon Thames
Udall. Because was silenced there, and was called Newcastle.
Rochester. What calling had you thither
Udall. The people made means Huntingdon, who sent me thither.
Roch. Had you the allowance of that diocese?
my lord the bishop
Udall.
Roch. archbishop.
There was none that time. Then you should have gone
the
York
Udall. There was neither.
archbishop ~
Ander. You are called hither to answer concerning certain Books, which are thought
your making.
for any Martin's Books (ac
cording my Lord Chamberlain's Letters, that fetched me, import) have already answered, and am ready again.
Ander. Where have you answered and what manner
Lambeth, year and half ago,
Not so, my lord; have reason an
cleared myself not the author, nor
swer the one, and not Ander. pray you let
the other.
hear what reason.
seeing they are written concerning one matter.
for cannot conceive
This the matter, my lord; matter proposed them
would not thought handle
ner, which the former books do; and because
hold the one, but
that man
to V. Ts. be
of
l of
is
*
At asIfof
:
a doH
in of Iin ofat ofsir
a
of
s
to N
of by to
Iin
all
it,usinI
I
a ittoIat sir
* so be by to a
of
no
if of of it
to for by
of of
of
to
in
? atofIbyforin asof
be
at
a ofit, Ia+
×to
U. U. U. or U. a p. all
inIaI I byof of aupIofa in
beisI ItsoIIs so to is :
in toat of
to of
A. of by a
of I I to be
he D. II. it at a
of at
at in at on
it to
inbeAit, intoa
I aif of
it to
byto
to to to as in IIall of: inIasato to
32
sir by
a
at
all
I
at
1273] STATE TRIALS, 32 Eliz. 1590–for Felony. [1274.
think otherwise of the latter, I care not though they should be fathered upon me.
Buck. But I pray you tell me, know you not Penry
cannot answer that question, my lord. -
Ander. You had good say you were the author.
Martin * Cob. Mr. Udall, you not the author,
U. No, surely, neither do I think him to say so, and you be, confess you may find be Martin. favour.
U. Yes, my lord, that I do.
That will not follow; but you think Buck, And do you not know him to be so, cannot do withal.
My lord, think the author, for any U. This, my lord; when first it came out, thing know, did well, and know that
he (understanding that some gave out that he enquired after punished; and therefore was thought to be the author) wrote a Letter think my duty hinder the finding him to a friend in London, wherein he did deny out, which cannot do better than thus.
with such terms declare him ignorant Ander. And why so, pray you
and clear Because every one that suspected Buck. Where that Letter deny the author the length must needs
Indeed cannot now shew you, for be found out.
Buck. What is your reason
have forgotten unto whom was written.
Ander. Why dare you not confess you the author Dare you not stand
your own doings?
professed before that liked the
books, and the matter handled them but
whether made them no, will not answer;
neither any other book that argument,
whatsoever goeth without name, you should
ask me, for the reason alledged before: besides
that were the author, think that law need not answer.
Ander. That true, concerned the loss your life.
pray your lordship, doth not the law say generally, man shall put answer without presentment before justices, things
record, due process, writ original &c. Anno Edw. cap.
Ander. That law, and not law. understand you not, my lord;
Buck. You will not tell where Why, my lord, tendeth
one, and the accusing none.
is.
the clearing
Buck. Can you tell where Penry No, surely, my lord.
Buck. When did you see him About quarter year ago.
Buck. Where did you see him
He called my door, and saluted me.
Buck. Nay, remained belike with you No, indeed; neither came my house, neither did much drink with me.
Buck. How came you acquainted with him think Cambridge, but have -been
often been his company. Buck. Where
divers places, and namely
mine
often
own house whilst dwelt
Buck. What cause had you his company
statute which force, not repealed. Ander. tell you, law you ought an
Kingston.
He being scholar and student di
vinity, and one whom aiways thought
an honest man, your lordship may easily con
ceive the cause. Here was much to this same
effect spoken about Mr. Penry, and my being for profess understand the Latin, French
tell me
Mrs. Crane's house Moulsey, and with and English Tongues, wherein the laws
her, &c. which always answered, the written.
the law; New
like case concerning Mr. Horton Richmond before the archbishop. Then Dr. Lewen read
ing my Answers those Questions, that had been the Archbishop propounded unto me concerning my Papers my study, and name
the notes my several Conferences with the bishops and their officers; was asked,
remember, Mr. Fortescue:
Fortescue. Why did you pen such things,
and keep them
Roch. Because and such like might apishly imitate the martyrs former times,
ortes. You are very cunning
pray you what law did you preach
us,
smore easily made use writing than other wise, the memory man not being infinite.
Ander. What say you, did you make these books, know you who made them?
castle, being forbidden Kingston
know law against seeing was
the official Dr. Hone, who did silence me;
whose authority reacheth not out his arch deaconry.
Fortes. What was the cause for which you were silenced -
Surely cannot tell, nor yet imagine, saving the secret suggestions Mr. Harvie.
Fortes. To ignorant that, crassa supina ignorantia.
No, sir, the action was crassa supina injuria.
Ander. Well, what say you those books? who made them, and where were they printed
Though could tell your lordship, yet dare not, for the reasons before alledged.
Roch. pray you me ask you question two concerning your book. -
and account themselves persecuted those were the popish Bishops.
The cause this, for that
ness wit, and readiness memory
those things may spoken, that age will
the quick youth,
swer
this case.
Good my lord, shew me this favour, what book the law shall find it;
or
of by AtI
l
I I
U.
in ofifIitI
let
at
byif ifI or atI to itit5. itofI Ibe
of
be is to * heat he
is as
1ly at in of×
U. U. U. U. U. U. U. U. U. U.
by in in *byofIaIat a Iit.
of he in at I sohe it
in
at of of it of a
ofI as
inin . of toI -toit
to be
in as be is
by so in in to in
in
beasas be:? I-it,
or Iofbedo
U. IU. U. . IinIIII I
U. U. U. U. IU. U. U.
* by I42or
I I to is byno
of it,
Iif to
to
be
no
of if tobe I
ofof
be is or be or to
I it; ifinis? if
in is
of3. it ifas
all I
2oet betoa2ItoIis
it, aisofin
et at it
to it is
by
it, of :of if
is
he
1275] STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [1276 U. It is not yet proved to be mine; but I Buck. My lord, standing with hion
w. ill answer to any thing concerning the matter of the book, so far as I know.
Roch. You call it a demonstration; I pray
what is a Domonstration? I believe you tnow not what it
you had asked me that question when
thus: what sayst thou, wilt thou take the oath?
as
said, My lords, know not that have offend her majesty; when proved that have,
hope her mercy will not then too late: howsoever be, dare not take this oath.
Aubery, Lewen. You have heretofore taken
and why will you not take now?
was boy had been been unable
Cambridge year's standing, note ignorance me, have
answer you.
Roch. Surely seemeth the frame
the syllogisms and reasons that you know not, you the author that book: read none late, but the parliament-time,
sitting morning
the house, read some me many things, not
much less demonstra
it; and
seemed
*; probably, conclude
you Indeed it; call
refuse
good was called answer
will shew you,
author called Demonstration; because the
reason which usually brought prove the
conclusions, commonly drawn from place and preaching the points discipline, which
scripture, which hath more force
manifest the conclusion &roux],xos, than any Aristotle's proofs drawn, they say, primis, veris, necessariis, immediatis causis. -
could never have been proved; and when uny friends laboured have me restored my place, the archbishop answered, that there was sufficient matter against me, unine own con fession, why should not restored where
take why the
reason
My lord, can.
have said much thereunto They then commanded me forth, and
they
again, which time almost every one them used many words persuade me confess truth; saying the queen was merciful, and that otherwise would hardly with me: whom
space,
consulted little and called ine
certain articles upon mine oath heretofore, which voluntarily did, and freely confessed
that against myself, concerning my judgment
remembrance
Roch. Indeed that which proved the
Scriptures, proved most demonstratively upon covenanted with mine own heart, never
but the proofs such.
Let that some one.
mine own tormentor that sort again.
Ander. Whatsoever the issue you
must your duty, and deal plainly with the Imagistrate.
take my duty this case, not answer, nor the magistrate's require me;
that book are far from any -
the question, and try
-
Rochester, pray you - let make short work with him, offer him
Ander.
My lord
book; will you swear answer such things seeing the apostle saith, ‘Receive not accu
the behalf sation against elder, under two three wit nesses:’ which Semanca, the Spanish inquisitor,
allegiance her alledgeth the same purpose.
majesty, wherein will acknowledge her supre Buck. What, you are Elder, are you
shall demanded you our sovereign lady the queen?
will take oath
macy according statute, and promise my obedience becometh subject; but swear
My lord, howsoever the word Eider
accuse myself others, think you have law for it.
-
taken, whether largely
that desire the discipline minister the word,
and my brethren take only for our adversaries un
Ander. Mr. Solicitor, pray you tell him the law this point.
Then Mr. Solicitor (who had sitten the while very soberly) noting what passed (and
derstand am Elder.
Roch. true, my lord, that Elder
that place containeth such but none else.
man's mind may known his counte Buck. Yea, but they would have other El
nance, seeming mislike the course holdei, against me) upon my lord Anderson's com
ders govern the church; which desire theirs, when cometh pass, will give over
mandment, up, putting me, stood and -
hat
my barony, and become your lordship
Elder. understood what
unto said:
Eger. Mr. Udall, am sorry that you will
not answer, nor take oath, which law you ought can assure you, your an swers are like the seminary priests answers; for they say, there law compel them take an oath accuse themselves.
great pains, and small worldly recompence belongeth
Sir, liberty law, there
reason why they should not challenge
(though they very bad ones) they are sub God's will done! had rather go
jects, and until they condemned law, may prison with good conscience, than
require the benefits subjects; neither that any reason, that their answering so, should
make the claim less value for me, seeing that herein are subjects alike, though otherwise
most contrary disposition.
berty with one.
Roch. Your sentence for this time
go
that office, you would never, say so.
Roch. The day past, and we must make
end: will you take the oath? U. dare not take it.
Roch. Then you must prison, and will hard with you, for you must remain
for there until you glad take *
the Gate-house close prisoner, and you are
beholden my lords here, that they have heard you long.
of a
U.
a to as
U. us U.
of toof it itI U. U.
we all
in
I
Iinif aIf
by
off his
er
|isnoto
Iof it, IedI
if to beitto do
as
be
is
itaof
isit it toain
in
of be : to ortoI be et
isa be
it
a is I an benoIbe a toof
of is. I in in of
toin of an I of as as* in
to anto go I
If to it
I do
I to
at
to
illbe
it, to ItI of
I
it it
ana
is
e Igo
an
be be be
to is, be to at
it of :
anof it, to
I to of to a
byto
I of
ofit, a by in
it; by is
to
in a it it
to
be is to
an
litoit* of
?
in be to
by
toI
soan
of IIaI
to I goto it
in
is
. toit, I
all
ifno ofain;ofto
a to
so U. U. U. U. beI U.
I U.
to
by
to all
it. toIas inbyitIto
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to be to go
to
asdoas an
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to it is
is no
a
as
STATE TRIALS, 32 Eliz. 1590–for Felony. [1275
U. I acknowledge their honours for it.
that might and others wished things lives and your deaths; look upon them when amended well but the time served they are called sworn, and you know not, and therefore wished me not stand any cause, take exception against them. Then it: and praying his lordship's good favour, the rest the felons having nothing say,
romised for me what could; for which Mr. Udall said, My lords, am ignorant
the law this point; pray you therefore shew me the manner challenging the Jury; how many may challenge, and whether may
and humbly thank
Then the Clerk the Assizes said the parties arraigned, after had read the names
the Jury before them, These men whose ham stayed me speak ine, who told me, names you have heard, are upon your
And when they were
gone, my lord Cob
humbly thanked him, and was carried
the Gate-house messenger, who delivered
me with warrant kept close prisoner,
and not suffered have pen, ink, pa render reason for the same.
per, any body speak with me. Thus re Judge. think you will know cause mained there half year, which time my your conscience, before you challenge any
wife could not get leave come unto me; sav them. ing only that the hearing the keeper she
might speak me, and her, such things she should think meet, notwithstanding that
she made suit the commissioners, yea, unto the body the council, for soune more liberty:
-
Then pray you, my lord, how many law permitted challenge?
which time my chamber-fellows were semi tion was made according the manner: That nary priests, traitors, and professed papists. At any man could give Evidence against
the end half year, was removed the John Udall, prisoner the bar, that they White Lion Southwark, and carried the should come into the court and heard. assizes Croydon; where what was done, Then Mr. Daulton stood up And the will not mention, seeing there were present mean while Mr. Udall said the Judges
would know the same.
At the Assizes Croydon, the 24th July, 1590.
speak.
Judge. Say on.
Mr. Udall was called, and commanded
hold his hand the bar; who held his
hand accordingly. Then was his Indictment
read, being thus: John Udall, late London,
clerk, thou art indicted, &c. The form
which Indictment was against murderers
Inamely, That not having the fear God swering, and also more ready help the
before his eyes, but being stirred the in
stigation and motion the devil, did malici
ously publish slanderous and infamous libel
against the queen's majesty, her crown and
dignity. And being asked whether were hath spoken one point what can, may
Guilty, not Guilly, answered thus:
My lords, may please you hear me
answer that before proceed any further, lest my memory being overwhelmed with mul titude matter, should forget answer
word or two
Judge Clarke. Answer first
ment, and then you shall heard.
the Indict some points importance, and the Jury made
My lords, word or twain.
beseech you hear me first
less able discern the particulars. The se cond that might please you grant me
-
answer without interruption.
Judge. You shall have them both granted. Dault. Then Mr. Daulton said, Mr. Udall,
. . sudge. Say on. My case
rare, and such
been heard heretofore, and consisteth upon you have these petitions granted you, desire
divers points law; humbly crave your lordship grant me answer counsel,
the same you. And then desiring leave the Judges, before should prove the In dictment, say something touching this, that
may be. -
Judge Clarke. You cannot have therefore answer your Indictment.
and this man, and such maintain, &c.
Then answer (my lords), that am not Guilty.
After leave given him, used very long speech, the great disgrace and slander the cause, and those men that professed the same, especially Mr. Udall; and making mention the same speech, five several books
Judge Clarke. How wilt thou desire trict
tried
hath not
inquest
learned men; but seeing shall not, ain con common-prayer, made such
desire re the said these
tented tried the ordinary course,
these men before me are, that you use sey, God and the country,
formation; affirmed, that one
books there was horrible blasphemy,
words the consecration the Lord's Sup
am
Judge. Nay, am not tell you that;
judge, and not give you counsel.
Then Mr. Udall keeping silence, Proclama
such were both able, and think willing thus; My lords, beseech you answer me set down; unto whose report refer those that one question before Mr. Daulton begin
permitted me law answer those things particular, which are brought
prove this Indictment? Judge. permitted.
Then humbly crave your lordships grant me two petitions, which think will greatly further both him speaking, me an
memory the Jury, that they may able
bear the matter away.
Judge. What are your petitions
The first that when Mr. Daulton
of
is,ofto Is to of it
by a
of
heis,
do he
by
to
in
Itoin in-Itoto of f-
in
of
to:
I
he
as
I I to as it, to be I, toall
U. U.
U. U. U. as or it
is, by
asanbe byas
to
up
he of up
of
Iit,of
toto
Ior
?
toasof if a
:ofto toI
toheinto
. . . A
it . . a all as } be
byI upatI todo to or ofof toa to
beofa intobedoas
I of
he
at
a to in
beto atoby he
isI
bybe toI it of
to to
at
toa he
in ofto
to
U. U. U. toIU.
to of
I I in of
is I I to
be
to in of all
II Itobyof to
heofto ofto IItin his it
I-
I is, be as of a
to of
be of
ofhehe hein attoIhe
by into
I to ifgo
to he asato2to a
I
of I be be
of
to to to to to to I of in of
so
sohe
do
ifsit
of
* 1279] STATE TRLALS, Eliz. 1590–Trial John Udall, [1289
per, ‘Take, eat, this is my body; drink, this
is my blood. ' Then he cried out, saying, ‘Oh
horrible blasphemy l’ And taking occasion
upon the variety of these books, he affirmed
that there was no constancy in these men :
And whereas one of the books doth allow, that
over every congregation there should be a
faithful pastor; that quoth he, shepherd, the making such book this is: and whereby they may take the government out
her majesty's hand, and bring her majesty one their sheep no, quoth he, her majesty sheep under any shepherd the
world, except Christ and for the government
that these men seek for, am assured there whom had them, for doubted they con
none such be found the word of God. cerned the state. These Papers saw Mr. U. , Mr. Daulton hath used very large Udall's study Kingston. Also further speech, which doth nothing concern prove saith, that another time, having conferred
the Indictment, me particular; and with Mr. Udall certain field Kingston,
therefore seeing am not called hither dis
called Little-field, about this putting silence; saith, that the said Mr. Udall uttered these
#". it; only will not answer
much will
words, they put that
the Bishops such
silence,
blow, they never
say,
Daulton
cause
yet
ad.
May please your lordships that
may answer these things particular Judge. Say on, let hear your answer.
was accused this time two years upon
permitted,
profession lawyer, and the question among the learned di had been more modesty for
would, should not
thus
please your lordships, that seeing Mr.
him
would
the Jury, &c. thereunto.
Let the Jury consider how that point proved Besides, may proved, that this Book was extant men's hands before the
Conference between Chatfield and me; there fore how can proved that this the book that should give them such blow
who was sworn, that these Examinations fol Dault. But you cannot deny the second
Dault. My masters, you will prove, first, that had
tent making the author
matters contained the Statute,
of
Point, that you had pretended Malice, for
extant your own Confession read his Answer those Articles of Mr. Chatfield.
Then the Clerk read his Answer, this effect,
malicious in secondly, That it: and thirdly, That these the indictinent are felony
this book
Eliz. cap.
Then was Mr. Beadle the Register called,
lowing were the parties themselves confessed the same: and prove the first, the clerk
the assizes
called into the court,
John Udall; but
which the Judges were offended; and serjeant
Puckering said, there was warrant sent for him: whereupon some standing affirmed, that the warrant came after his departure from home. Then Mr. Daulton said, that went out the way purpose and judge Clarke
Stephen give
Chatfield
evidence against appeared not all, for
silence, they would give him occasion and leisure to be em
cxplain these things.
said, Mr. Udall, you are glad that. Mr. Judge. Say on, and brief.
Udall answered; - Mr. Chatfield told me, that was com Udall. My lords, wish heartily had manded come Kingston and be resident
been here; for am sure he never could there, purpose that might put so say any thing against me prove this point, lence, and that there might not appear any
have heard and am able prove
true, that very sorry that ever made any complaint against me, confessing did
his anger, when ‘Martin' came first out; and their suggestions, whom hath proved
since experience very bad men. l)ault. great matter whether
want preacher, being put down; where upon said, effeet, above rehearsed
pray you hear what sense these words were uttered.
Judge. The matter clear, and we ser what you can say well enough; proceed,
Mr. Daulton, the Proof the second Point,
here no, for we have his Articles against you, and your own confession prove this point sufficiently.
Then were Mr. Chatfield's Articles (that brought the archbishop against Mr. Udall) read the clerk, containing report cer tain written papers; tending supposed,
thereupon asked Mr. Udall whose writing they were who answered, they are friend's mine: whereunto Chatfield replied, wishing him take heed them, and rid his hands
hat
Bishops put
T }.
him
writing against them. Then said Mr.
them, and return them his friend from
vines, methinks
Mr. Daulton have suspended his judgment
until the controversy had been determined
amongst them, whose profession belong the words Chatfield, that these papers that
eth especially seeing Mr. Daulton knoweth
did see my study, should the matter ‘Martin-Mar-Prelate;' and because cleared
his conscience, that
ried some shew liking now speaketh against.
hath heretofore car the cause, which
myself that, ther matter: but were set down
now brought prove ano
proveth nothing, unless particular what they were.
Judge. Sirrah, Sirrah, answer the matter
that Mr. Daulton hath against you; Mr. Daul
ton, proceed the proof the points the pose write this Book and those things were Indictment. - collections from your friends, and preparations
JDault. proveth this, that you had pur
the
ton, evident,
plainer than
pray your lordships give me leave
aul
not this most
what can
byinso byheI in is to I is : be
by of
in
he
is if as
it if is
It he is is
as
to
is I noof to inby to
no
to
to I he in
do
as of
23 ofof
of to it
I
Ior ;
I to
be hehein;
is,
to ; a in 2. : of to a in I so he to a of
he it
he he he
at it
ofby tobeaa
toto heto to of in
32
be itbe beof I of Iis hefiheofto
U. U. U. U. U.
to ;
Iofof Iinif
to of I
he
by or to
atoIsto by
it in it. It inof if at
toinis itinititattoof. of 2 be itis in
toinIto a a of
it in; a
is as I be it of is a
usin a
to he he to
to :
I* hetohe
a inof
to to as as a behe to:*is to asbyheahe
to be be
to be it is it of I of he
1251] STATE TRIALS, 32 Eliz. 1590–for Felong. [1232
Dault. And that you be the Author of this was privy the printing that was her
slanderous and infamous Libel, it shall be house; and Mr. Udall used roved clearly to the Jury before your face. All that nothing
often thither. me: what
hen said he to the clerk, read the Answer of used thither, she
Nicholas Thompkins, which was made upon know her
his oath before her majesty's High-Commis what can you gather
sioners. Then was read to this effect, that Why not Thompkins heret odeclare his testi Thompkins knew that Mr. Udall was the Au mony, and say what can
ifthor of that Book called “The Demonstration,' Dault. He beyond the seas about Mer ; for he said that Mr. Udall himself told him so. chandizes, sent away Mr. Gore, who married
Also that he saw either in Mr. Udall's house, Mrs. Crane's daughter.
or in some other place in Kingston, a Cata How doth that appear He mer
logue of the Books that Mr. Udall had chant, but serving-man and were,
made, amongst which the Demonstratiou was what that me? ' But cannot proved
one,
Judge. You see here that this clear, and sufficient Testimony.
carried some shew, but nothing. Judge. Do you call the Testimony one
that Mr. Gore did send him, that here
nothing but bare papers shew evidence against me.
Then there was much said, prove that the Testimony man absent was sufficient,
being honest man, and upon his oath, be were proved his upon the oaths others.
fore the High-Commissioners,
Can you answer it?
