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1391] STATE TRIALS, 33 Eliz. 1500. —for Felony. [1302
Judge Puck. I pray you stay, you seem in the beginning to speak contraries; for first you acknowledge the course of law to be due, and
| afterwards stand upon it that you are innocent. How can a due course of law condemn the innocent
your lordships may not proceed Sentence thereupon,
Puck. We cannot remember the particular circumstances that then passed, neither are we call question the Verdict; but our
office give Sentence according
pray your lordships tell me one thing,
: , U. These things agree well enough, as I will
shew, if it shall please you to give me leave : Must the Judges always give Sentence ac it is by due course of law that I have been in cording the Verdict, may there not
dicted, arraigned, have had a Jury impan cause stay
nelled upon ine, been accused, heard speak for
myself, and testimony produced against me :
but in that the proof by witness was insulli
Clarke. Yes, there may cause stay the Verdict, such may the case be.
And desire other, but that my Rea
cient, and the Jury either in Judgment or sons may well weighed, whether my case
affection misled; thereupon it hath come to be such or no.
ass, that (notwithstanding the due course of Then prayed, for much they had the
pray you proceed
But I me the Reasons
that have alledge for myself.
aw) guiltiness is laid upon a guiltless person. Substance that Writing aforehand which
that time.
one may though
not material, my lord,
what the judges think; for though the
this case, judges the world thought so, our laws thought
no man Felon, till twelve men.
Felon,
capable convicted
sentence the Verdict
Clarke. You are convicted, the Rccord will testify.
acknowledge the Record against me, appeal your lordship's conscience,
Then spake according seventh Reasons, whereunto
but
whether you delivered not unto them speeches
the sixth and was replied thus: that you think the Witnesses against you the less lawful, be
this effect: “As for the Felony you are not much enquire, but only whether made
the Book, leaving the Felony us. '
Clarke. You me great - wrong, - only
Puck. You are deceived,
told them the law.
Well, leave your lordship's favour which do remain there of sufficient credit
you perceive my
Then spake the third Reason, where
upon was said
Puck. All that you say tendeth the dis
for ever, they were when the party's oath.
was taken upon the same.
U. Then would have answered that the
case was not alike, seeing the High-Commis-,
able consideration
reason.
-
sion no Court Record but was not then you heretofore the Jury were left their suffered speak, for that was said the
gracing the court justice holden against
own consciences, and did they saw meet other Judge
to do.
No, Iny lords,
speak not any thing Justice for
Clarke. Where you find that there must
needs (by the Word God) two Witnesses face face
disgrace the Court
knowledge both this course, and others
like nature, God's holy ordinance, which
clear,
the Witnesses were also executing the punish
ought reverence neither speak defame the Jury, but only give your lord ships occasion why you inay not proceed Sentence thereupon for the Jury did well, why should grieve any them they did
have the first hand
ment upon the party offending.
ac the
meant me leave
say, please give
say once purpose, seeing memory (being
Then left the first Reason
did rather wish that they only should under Imprisonment) should fail me, and
stand (which they did my Papers over leave some material thing unspoken. Then night) than blaze the world that spoke according the fourth and fifth Rea did begin speak according the second sons, whereunto little was replied, saving such Reason mentioned before: whereupon serjeant things were mentioned my Arraignment: Puckering prayed baron Clarke speak, see only baron Clarke used very long speech, ing did most concern hin.
wouldo: them
could, lest Iny much weakened and dulled
Judge Clarke. must needs tell you, you do and the Seat Justice great wrong
wherein compared Mr. Stubb's Cause and
3. was not my private opinion,
mine together; and after the end speech, judge I’uckering said,
indeed told the Jury, what was the law the I’uck. Who taught you such law tell
opinion the
of the land for
said also
you, you
lish, which the language wherein the Statute was written, and profess myself scholar;
and therefore have (through God's mercy) some understanding the sense that read. seemeth me the most direct, and other
wise be taken than understand
are much deceived and abused
within the compass Felony,
not directly mean any such thing. Your lordship knoweth pleaded these points the last assizes, when came from close Imprisonment the bar: understand Eng
cause the parties were not present.
ordinary thing have Witnesses examined the Chancery, and other such like courts,
Puck. That was according Moses's Law, which we are not tied unto.
the Word God, which hath per petual equity it; the life luan
of if
;ofto it of of to
of
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of a ofhis
to it. to
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-
STATE TRIALs, Eliz. 1500. -Trial John Udall, [1304
precious in the sight of God, as he would
not have it taken away without most evident
and manifest proof, such as in his law is set down. \
that he would not for all the world affirm me to be the Author of the Hook.
Puck. Why did you not plead these things the Jury
did so, and offered produce sufficoien:t
Proof for but your lordships answered,
, seeing was against the queen: which seemeth
strange me; for methinks should for
the queen, hear things both sides, es being men unlearned, and the case being pecially when the life any her subjects
Clarke. We are not now to call in question the Proofs, seeing the Jury did think them sufficient: this speech of yours tendeth to prove the Jury perjured.
alf
U. Not so, my lord; I think of them, that
they did according to their consciences : but
strange unto them, they may have done their
best ; and yet you being men of more know
ledge and judgment, are to look further into the matter.
Witnesses did directly prove you the Author of Then spake according the eighth the fact, that was not necessary; for if laid Reason; whereupon was said,
which we may not now call Puck. Whereas you say that none of the say on, you have any more.
together, and the circumstances considered, do
Clarke. tell you, you are not called question for the Cause (as you call nor for the body the Book; but only for slanderous
prove good were direct.
proof every witness
God, from which trust things the Preface, against her majesty's our laws disagree not, would that every proof government, and therefore you may let the
-
this land are agreeable the Word Cause, that am thus entreated; for had not been handled the Book, such matter
But the Law
direct. - Cause alone.
Puck. And you think indeed, that the U. But for the hatred borne the
Witnesses might heard my beh
question.
Puck. The Witnesses were then thought
the Jury sufficient prove the matter,
doubt; therefore
laws God?
zurely that
not profess
have reverent trust the grounds
know them; but now inade the Preface, had never been ob
the Word God, however some parti culars the proceedings may miss thereof.
pray you, my lord, take me not ge neral; for that will not follow upon my speeches.
Puck. Well, you may not now disgrace the Witnesses; you should have done your Arraignment.
cording said,
Yea, that will And spake ac
the last Reason; whereupon was -
affirmeth, that was not given against
me upon oath; but only his anger his hand to, but now sorry for
them that heard only,
pra
take that was. First, did avow (and
opinion them, them are according
jected against me, any other.
Puck. Well, best for you leave off
other Pleas, and submit yourself the queen's
majesty's mercy.
Puck. Then the government Arch will with my heart.
Bishops, and Lord Bishops,
Word God, seeing the laws allow them.
according the the land
Puck. But will you you did the last Assizes
neither meant then, nor purpose now Then you acknowledged that you had offended disgrace the Witnesses, but shew the in her majesty; that you were sorry for and sufficiency their Testimony this case, that promised that you would never the like
your lordships may thereby see some reason again.
stay the Sentence. The first Testimony that
alledged, Chatfield, }. nothing) against was was that Mr. who word and credit (which
speak
Puck. You should have alledged this be do now, and will whilst live) that the Cause
fore now too laste.
alledged too late, prevent the
Verdict: but there any force
ought considered stay the Sentence
could alledge sooner, because knew not till after the Verdict.
handled that Book, undoubted truth.
Clarke. How often shall we bid you leave
the Cause, and tell you, that you are not trou bled for it?
But the Cause that sought
my person, and therefore must and
set
me leave
defaced
Puck. We may not suffer you proceed will still profess and justify whatsoever
so, disgrace that which passed already you have any other thing say, speak
otherwise we must do our office.
disgrace receive unto myself. pray you let me proceed. Secondly, did protest that never had any purpose defice, but
not my meaning, howsoever you ever seek honour her majesty her take disgrace anything passed heretofore government. Thirdly. professed that the only pray you further consider, that course law against me was due whereby Thompkins, whose Testimony only carried what have meant, you have heard. Fourthly, some shew, protested before my commitment, said, that never had any purpose any
Puck. You confessed that you were justly condemned.
am not yet condemned.
Puck. mean convicted the Jury.
My lord, not for me oppose my
refer
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, 1305] STATE TRIALS, 33 Eliz. 1500. -for Felony.
[1306
any such means bring the Dis
God, supplica
thing to the advancement of this Cause, but keeping myself, to the uttermost of my power,
within the compas of the law. Lastly, I never confessed myself to be the Author of the Book. Then my Submission was this, That if I had
done anything to the advancement of so holy a Cause, which had brought me within compass
ever purpose, speak your lordship mentioned cipline; but only prayer
law, might justly or
ğ.
of the
was heartily sorry for
offend her this
majesty,
me have any other drawn, wherein the former
points are justified, and will set my hand un to 18.
Puck. But this nothing your Book in articular; what say you
say this, That though hold the mat ter most manifest truth; yet con fess the manner handling, some part,
such might justly provoke her majesty's dignation.
And after some other speeches other Books, and the aforesaid speeches the Books mentioned already, Judge Puckering said,
Puck. Nay, tell you there are foul things your own Book: for, you not say, that the Church committed the Mistress of
the Stews, and ruled the laws Brothel House
spoken the Popish Canon-Law;
not let
you, with the blessing be friend unto
persuade you
Puck. Because you stand much upon which unfit rule the Church
Christ,
the Cause, you call you provoke me so,
the laws Brothel-House govern honest woman.
Puck. And those laws are established by her majesty's laws.
would trouble the learnedest lawyer
must needs say somewhat
audience should think some matter than is. -
lest the more
I
tion her majesty, and such other peaceable means: this my Answer your large Invec tive. And whereas, my lord, you seem
hardly carried against the Cause, would not doubt, but might privately confer with
My Lord, you understand my judgment therein: beseech you speak not against unless you will give me leave reply unto you.
England prove that.
Then baron Clarke began again compare my Case Stubbs, and persuade me
voice, tending
that Mr. submit myself, upon grounded? Forsooth upon the saying telling one what good might do; but because
Puck. may not you provoke me it; your Discipline that you stand upon, where
of Christ, ‘Tell the Church:’ which never was
expounded these 1500 years you within
spake low, and said did not well hear him, gave over, and prayed the other
speak, who told me his meaning and then said, -
Puck. We shall make short work with you will you here acknowledge the Law's Eccle siastical and Temporal this land, agree able the Word of God?
My Lord, have disgrace enough upon me already: you may easily perceive what
these few years. My Lord,
you Chrysostom
did abuse you that told expounded “Tell the
Church,’ that the Governours the Church. Puck. He meant the Governors of the
Jewish Synagogue.
Ilow can that be, when
lived above
400 years after Christ
Puck. Was there never any that could find think the present Ecclesiastical Govern
out before now, were truth?
Yes; hath Testimony sufficient,
might received. .
Puck. And lest men should think that your
you pretend, will tell
written one Eldership there
U. am persuaded that cannot shewed. Puck. Yes, ‘Theses Martinianae. ”
One writ that time number our hot bre
ment. pray you press one not with these
things, can yield further than you have heard.
matter were good you what know
Puck. Then we must pronounce Sentence you. U. God's will be done.
Puck. Yea, God's will deed.
our office, and done you in
your Books, that without ano Salvation. -
thren another, Mr. Snape Northampton name, wrote that the Bishops should
put
Then gave Sentence upon me and the rest. After which did purpose speak ac cording the last Sentence, after the Rea
down one day.
These things did discourse
sons; but the clamours calling the Judges disappointed me thereof.
large, an invective Speech, most bitter, tending
persuade the people that we meant rebel,
and set the Discipline, and pull down the Rishops strong hand; and went about
impair the queen's prerogative and patrimony.
After which, with much ado, got audience this effect.
The Lord turn his glory, the good his church, and shame his foes; and then wel come life or death. -
being reprieved (as the Sheriff said, majesty's own commandment), Dr. Bond, one the queen's chaplains, came me from the queen herself, and from the Council, with
the Submission that was tendered unto me;
U. My Lord, protest the presence
God, and hearing this people, that neither nor any my brethren, that ever was ac
confer with me general, but especially quainted with, my knowledge, did much persuade me yield thereunto, take the
the other Prisoners, good unto them, Thus was returned Prison; what will the issue, know not.
her
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1307] . STATE TRIALS, 33 Eliz. 1500. -Trial of John Udall, [130s
Reasons of my refusal. After two days con ference, we agreed upon a Form of Submission, as followeth: -
The Form of that Submission which was offered wnto me, and I refused.
‘occasions should given procure her ma ‘jesty's displeasure against me; promising that
“if shall please God move her royal heart ‘to have compassion me, most sorrowful ‘condemned person, that will for ever here “after forsake undutiful and dangerous
“I John Udall have been hitherto, by due “courses, and demean myself dutifully and • course of law, convicted of Felony, for pen ‘peaceably, becometh minister the gos
• ning and setting forth a certain Book, called, • A Demonstration of Discipline; wherein false, * slanderous, and seditious matters are con “tained, against her majesty's prerogative-royal,
‘pel, and loyal subject the queen's Inost
“excellent majesty. '
Atthe same time that Dr. Bond was with
me, received Letter from friend mine,
that did solicit Walter Raleigh for me;
* her crown and dignity, and against the laws
• and government ecclesiastical and temporal, wherein were these words:
• established by law under her highness, and “Sir Walter Raleigh willed me let you • tending to the erecting of a new form of go understand, that her majesty informed
you, that you hold that the Church England no Church, and the Sacraments the same
no Sacraments; and that all her Ecclesiastical Laws are against the Word God, and her Government; and that all Ecclesiastical mat ters ought governed Presbytery, and
she herself subject the censures thereof: And that for these things, and such-like, you
are not worthy live. But you will write
your hand,
and worthily have incurred her majesty's Walter, concerning these Opinions, that
indignation against me: promising, shall may shew her majesty, hopeth obtain “please God move her royal heart have your life. know easy thing for you
compassion me, most sorrowful convicted answer these things; and therefore
• vernment, contrary to her said laws: which Points now, the grace God, perceive very dangerous the peace this
realm and church, seditious the common wealth, and justly offensive the queen's most excellent majesty; thereby now seeing the grievousness this my Offence, most humbly my knees, before God and this presence, submit myself the mercy her
lished
them “obeyed
this realm for acknowledge both lawful and godly, and
every faithful subject.
'
that Submission whereunto did consent, and set my hand.
do submit
take knowledge that word. ”
Hereupon wrote
Italeigh, and what hold followeth.
hath sent you such
Letter sir Walter these Points,
being sorry, deeply most that
half dozen Lines under
unto
person, that will for ever hereafter forsake such undutiful and dangerous courses, and
demean myself dutifully and peaceably authorities both civil and ecclesiastical, estab
with speed, and your writing Walter,
The Form
With these three Protestations
the Right Honourable Sir Walter Raleigh, Kt. Lord Warden the Stannary
myself
‘Cause
“be
‘ed any evil against her majesty's person
‘estate; but have sought honour them both.
“3. never proposed persuade any Accusations untruly suggested. For, God “thing, whereby the Discipline inight ad
manner followeth Discipline debated
hold the that Book,
and honourable care over me, and for my good; whereof trust you shall never ashamed: most humbly beseeching your good lordship
undoubted truth.
never imagin
means appease her majesty's indijna tion conceived against me, means some
vanced, but peaceable means; endea ‘vouring to keep within the compass of law. ”
John Udall have been due course
‘law, convicted and condemned Felony, for that God bestoweth upon them her ma
penning and publishing certain Book, called jesty's happy government, whereof trust mine
The Demonstration Discipline;’ Preface whereof, some matter,
manner
part “justly
offensive
“jesty Wherefore the Trial the law in ‘puting unto me all such defaults are that “Book, and laying the punishment the same,
most grievous manner, upon me; and see ‘ing the grievousness this offence, most
humbly my knees, the presence
God, submit myself the mercy her high “ness, being most sorry that so deep and just
“My duty being remembered unto your lord ship, humbly thank your honour for your great
my witness, have never had any earthly thing precious account, honour her high
ness; and draw her subjects acknowledge
with thankfulness, the exceeding blessings
the Adversaries will be witnesses, when am dead. also the have sent unto your lordship (as perplexity
some could upon the sudden) what hold concern deserveth ing certain Points declared unto me, from censured and punished, and justly your lordship praying that would please
writing, confess bitter and undutiful,
the queen's most excellent ma you make known the truth thereof unto her highness: And neither my submission, here tofore delivered, nor these things now set down,
will accepted draw her highness, her
gracious compassion, pardon me, that yet
would please her majesty (that the land may not charged with my blood) change mily
punishment from Death Banishment. This trusting your lordship will vouchsafe use this
|
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1909] STATE TRIALS, 33 Eliz. 1590–for Folony. [1310
favour, and that it will please her majesty there God, injurious men, and directly con upon graciously to consider of me, 1 httimbly “contrary God's Word: neither believe take my leave, from the White-Lion, Feb. 22, ‘that christian prince ought otherwise
1590. Your Lordship's to command, Jon N “subject the Censures the Church, than UDALL, Prisoner. ” “our gracious queen professeth herself be
1. “I do believe, and have often preached, ‘unto the preaching the Word, and adminis- “that the Church of England is a part of the “tration the Sacraments, according ithe true visible Church of Christ; and that the doctrine our Church, Mr. Nowell's Cate
“preaching of the Word and administration of
“the Sacraments therein, are the holy Ordi
“nances of God, profitable and comfortable to
* every one that rightly partakes thereof: in ‘that am charged hold 'strange ‘which regard I have been, and do yet desire “private opinion, would willing shew ‘to be, a preacher in the same church; and
“ have communicated in the Sacraments and * Prayers therein, for the space of seven years
“my mind freely it; for my desire that
* at Kingston, and about a year at Newcastle “upon Time, immediately before mine impri
“her highness might truly informed
“every thing that hold; should sure
‘to obtain her gracious favour, without which “I do not desire live. ”
These things thus passed, remained be fore, without any great hope liberty, fear
sonment: And therefore I do from my heart utterly renounce the schism whereinto the
Brownists have fallen, in condemning the
churches of England, and separating them
selves from communicating in the public mi
nistry thereof—2. I know no other but that
the statute-laws of this land do maintain the
holy Ministry of the Word and Sacraments, in scended unto; notwithstanding refused pre such manner, as any christian may, with a sently set my hand unto (though they pro safe conscience, both administer therein, and mised
communicate therewithal: Also that the law ing
which requireth a Subscription to the articles because
of Religion, so far as they contain the Doc vice and consideration.
trine of Faith and Sacraments, is agreeable The Copy the Submission given me Mr.
to the Word of God. —3. I do believe, that by
the Word of God, her majesty hath, and ought
to have a supreme authority over persons,
all causes, both ecclesiastical and civil,
inforce every man his duty, and
obedient every thing that not contrary
the Word of God. And the Prince should “Book, called “The Demonstration,
command any thing contrary God's Word, ‘pline;’ the preface whereof, some matter,
not lawful for the subjects rebel re
‘as also the manner
handling confess bitter and undutiful,
“in some parts
patience humility, j punish “deserveth justly censured and punished
sist, not much thought, but with and bear the
God, and supplication and *io.
this realm, established
Inents laid upon them; seeking only prayer
such like peaceable means, have faults amended. —4. believe that the word God, the churches rightly reformed ought
‘chism, and the Homilies the right use ‘the Church, this day appointed publicly
God,
governed ecclesiastically the minis “sence submit myself the mercy
read. —If understand any other thing
extremity, until the next Assizes drew near last there came Mr. Nowell, dean Pauls,
and Mr. Dr. Andrews with new Submission, yet containing nothing (one clause excepted) which was not the former, which conde
the name the council, that yield should obtain pardon and liberty) would nothing without good ad
Dean Pauls, with name - fol loweth
heretofore, “course law, convicted and condemned
John Udall have been
‘lony, for penning and publishing
due Fe
certain Disci
“according the laws
‘under her highness, and justly offensive the
queen's most excellent majesty wherefore
now seeing the grievousness this offence, “do most humbly my knees, and the pre
not my “her highness, being most sorry that deep
ters assisted with elders; this
private judgment, but such have learned ‘and just occasion should given procure out the Word God, been confirmed “her majesty's displeasure against me; promis
the Writings the most learned and godly ‘ing that shall please God move her men antient and latter times, and have ‘majesty's royal heart have compassion
. . .
seen practised with much peace and comfort ‘me, most sorrowful condemned person,
the best reformed
Europe,
undutiful,
will ever hereafter forsake sedi
not impeach any subject, much less any prince, the liberty body, dominion, goods,
“This the true Copy the Submission sent ‘unto me from her majesty's most honourable
“Privy Council. Alexander Nowell. '
and
her ‘tious and dangerous courses, and demean my
even those Exiles which her majesty
great honour hath hitherto protected. —5.
do believe that the censures of the Church ‘minister the Gospel and loyal subject ought merely concern the soul, and may ‘the queen's most excellent majesty. ,
any earthly privilege whatsoever; and that
therefore the papal excommunication that de When had weighed with myself, that the
poseth princes, and freeth their subjects from Clause which added may admit good in their allegiance, any part christian obedi terpretation, and the omitting that which ence civil authority, blasphemous against left out my former Submission, causeth
“self dutifully, and peaceably, becometh
to
by ofof be ofof
no
is
to as in
do if
in in toof to it in is
of to
of astois
or
in I to
to all to
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to
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of
it
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so
“I to be
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to
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of I is of
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to
of
of
STATE TRIALS, 33 Eliz. I590–Trial of John Udall, [1312
1311]
sense of that which is set down, I condescended “Right honourable,
(being also advised thereunto by my good and “My present lamentable condition enforceth godly friends) to set my hand unto and me, most humble manner, crave much
thereupon wrote Letter unto Mr. Nowell
leisure your lordships from the weighty affairs the State, consider these few lines. The reverend Mr. Nowell, dean Paul's, and
followeth:
-
“Right worshipful Mr. Dean,
“I praise God with my heart, that au Mr. Dr. Andrews, few days ago brought me
thority hath good remembrance mentable estate, and yet more that am for my Form Submission
my Form Submission (as they said) from au the same thority, with hope favour for my life,
deal with would yield unto Whereof having consider man that piety and wisdom, that you have ed, and finding nothing but which had
been worthily the Church long agone esteem heretofore yielded unto, when Mr. Dr. Bond
ed of, and have continued this re verend age that you are come unto. may please you, sir, understand, that have con sidered the Form Submission, that your worship brought unto me, and find nothing
but that good conscience can yield unto; for requireth not me any denial disallow
was with me, one Clause excepted, wit, That the faults deserve punished according
the laws the land: which yet hath such words, but may bear good sense, think
may such Form submit myself, without ther condemning the suit for further reforma tion, myself justly deserving the laws
ance the Cause Discipline debated the die; cannot discern sufficient cause refuse Book, for which am question; the substance the hardest word that have due which doctrine believe the unfoubt course law been convicted and condemned;
Truth God, and therefore ought never deny disallow it: notwithstanding with my persuasion take God witness, that never purposed persuade any thing, whereby
might advanced, but peacable means, endeavouring keep within the compass law. Further also the said Form Submission
chargeth me not with any malice against her majesty, from which likewise acknowledge
the presence our Saviour Christ, that ready come judge the quick and the dead,
that have been always free, and have carried Christian, loving and dutiful affection her
majesty's royal person and estate, know
the Word God ought do; which being
so, have resolved satisfy the authority from
which you brought me the said Form Sub Inission, and your good pleasure without fur
ther limitation simply subscribe it. —Good Mr. Dean, the bowels Christ have com assion my estate, more ways lamentable than
understand the Form Proceeding Indict ment, Arraignment, Jury, Witnesses and such
like, also that Clause, That the manner writing some part such, deserveth
good laws this land, administered with jus tice, ordain for punishing such Offences
the manner writing; which cannot
death, without malice against her majesty; from which take Almighty God witness) have been always free. regard whereof, feared lest might thought stand too conten tions! y and undutifully with authority, and
too careless mine own estate, should
not yield such Form Submission they brought unto me. Wherein having yielded,
can few many words express, think) any other but only the spirit that
pray with groans that cannot and such Christian compassion,
vourable and earnest mediation
that may relieve me, procure my Pardon and free Discharge, the dangers and troubles
far conscience
their means requireth
suit your lordships
and honourable compassion my most lament able estate, that may please your lordships,
wherein phet,
Within four five days after, Mr. Dr. An drews returned unto me, signifying that all that was done was mistaken, for that was not the Submission that was meant me, but another. Which when had perused, found the same (only
old
for your good estate the Lord life sed for ever. Amen. ”
(as taught
uttered your fa
am that may say with the Pro shall not die, but live, and declare the the Lord,'—So shall not only ny poor
your favourable mediation her excellent majesty, further my most humble suit, for my pardon and free discharge these my grievous
works
wife and children, but hope many others praise God for you that respect, and myself be É. en unto you case life, continually
h
les
the authority
troubles. shall bound yet more hear tily praise God for your honours, and pray unto God for your prosperous estate long en dure, the glory Almighty God, and your own everlasting comfort. ”
After had thus set my hand hereunto, ad
vised also write unto certain the Council, the Clerk whom the making the Letter
and other honourable persons besides; partly to let them understand what sense had yielded hereunto, and partly entreat their fa
vour, and furthermore for my liberty: the copy which Letter (for was the same word for word every one, the title their several estates
Mr. Nowell was committed, put one for ano ther. And because utterly refused consult
having yielded before mueh
might, prayed me understand what took
exceptions against, and for what reasons. So we entered into many Discourses; first, how
the Discipline could said against the
excepted) here ensuetil.
justly censured and punished the laws of this land; mean of such censures the
may, and authority me; my most humble that your Christian
the last Clause left out) which was offered me the Judges the Assizes: And said,
to
of in to
to
toof of to
in of
to all
of of
:I byisasofto in alaas
be toinof
to
as
I
as so
it
as by
if by I
to
of
so
I
I of as
isor of It to in
it;
to
a of betoI of of in of in
e
to a in it edof it, I in II itto
Iof“IIin to orofbeof
in;at doainso
it inofor tooftoorIItoso a
aII toI ofof of
ofto be
- asofIto
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he totobeofbyofof
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I
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to I
So
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In so
be is,of of to
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-
-* *.
1313] STATE TRIALs, 33 Eliz. 1590–for Folony. / [1314
queen's prerogative royal, seeing it was (as I
said I did believe) expressed in the Scriptures, “of the Gospel, which afterward shall used whereby lawful privileges princes are wiar ‘hasten his end and you will say had been ranted. Then we debated whether the Supre ‘better that you had never been any reckon macy Christian prince the same with ‘ing, than made instrument further
heathen, diverse from After that, ‘such action. This write unto you, not whether the authority princes makin ‘in any troubled affection with the fear
church laws, jure, facto only
lastly, the most points Discipline. Thus ‘my days, and (if please the Lord), even
we continued five six hours, and last “this manner; and hope that my death shall would have answer me then, but pray further the cause for which suffer, more
draw that from Preacher and Professor
‘death, for thank God am willing end
me advise for would come again. ‘than my life: but lest should neglect any answered, that the oftener came, the wel ‘means which mightseem furtherance
comer should be, but told him would not prevent the same, leave that duty unper accept yet came twice after, and took “formed unto you, which take myself con my Reasons my Refusal yield thereunto; ‘science bound discharge. The Lord make and promising me the favour could pro ‘us willing and able discharge every good cure me, departed. - duty, that enjoineth us, his glory, the
After this the Assizes approaching, and the ‘good his Church, and our own comfort, general report being that would hard with ‘whether Life Death! '
me; being desirous use any good means, About the same time came Letter from the
#. Walter Raleigh, who had heretofore dealt for me; but also was advised write again unto Mr. Nowell, earnestly charging him take my case heart, seeing had promised pro
did not only solicit the earl
and sir king Scotland Scotish merchant, one
Mr. Johnson, lying London, delivered her majesty (as was said), being written
iny behalf, had done once before when was close Prisoner; this Letter did the mer chant deliver her majesty, and the dean Paul's upon my Letter went the Council; whereby whatsoever was wrought, soon the
Letter sent unto him, which then appeared written not for me alone, but also for the
rest my brethren the Ministers Prison for
i.
the Church God; hoping, that should ward Mr. Johnson had the Copy the king's
cure me favour: whereupon wrote unto him
this Letter following:
“Right worshipful Mr. Nowell.
-
*As did rejoice when perceived that you
were employed deal with me about my Sub
mission, because that reverend estimation immediately returned unto the White-Lion that you have been long, among the Worthies the evening, before the first day thereof. After
have found thereby, some comfortable means mediation unto authority for my release
“so am now occasioned fear that all that
credit which you are of, shall used
instrument further and hasten extremity which Letter here followeth
upon me. For much time being passed
since voluntarily yielded that Submission which you brought unto me, and liberty appearing from any place, but rather that being given out, that my Submission shall
special means hasten my death, and way procure my liberty; am constrained
write unto you, you understand, that as look for that end the next week at the
Assizes Kingston (where have been
The just Copy
-*
the King's Letter sent her Majesty.
Preacher which hath but (to the doubling ferred; whereunto
long been threatened my torments) de doubt not the Lord will
“Right Excellent, Isigh and Mighty Princess,
“our dearest sister and cousin, our heartiest
‘manner we recommend unto you hearing the apprehension Mr. Udall, and Mr.
‘Cartwright, and certain other Ministers the ‘Evangel within your realm, whose good “erudition and fruitful travels the Church, “we hear very credible commendation how ‘soever, that their diversity from the bishops
and others your clergy, matters touch ‘ing them conscience, hath been mean by
‘their dilation work them your misliking; this present we cannot (weighing the duty ‘which we owe such are afflicted for
strengthen me, graciously hath hitherto
done pray you,
God for my blood, which credit being employed
you will answer unto am persuaded your
the uttermost (as
Christian you pro ‘their conscience that profession) but mised) might have preserved, that you would “our most effectuous and earnest Letter inter
take my case heart, as, may inforce ‘pone your hands, any harder usage you leave stone unturned which may them for that cause: requesting you most
either further my liberty, least clear your “earnestly, that for our cause and intercession
the Word and Faith
conscience from being any way accessary
my death. For will one day heavy thing your heart, think that you should
set on work, and the account that worthily made you employed underpretence, yea, and
may please you them relieved
their present strait, and whatsoever further
‘accusations pursuit depending that ‘ground, respecting both their former merit,
setting forth the Evangel, the simplicity
as were with assurance life and liberty, ‘their conscience this defence, which can yol.
brought
ston, where the Assizes were then kept, was
heard that was
the same Cause Discipline; the tenor
King
** * * • • • * * * * * * * * * * *
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of
1315) STATE TRIALS, 34 Eliz. 1592–Trial of Sir John Perrot, [1316
‘not well be their lett by compulsion, and the his good-will be gotten. At last the Turkey ‘great slander which could not fail to fall out merchants having my consent to go for a time “upon their further straiting for any such oc into Guinea to teach their people that abide in “casion ; which we assure us your zeal for re that place, if they could procure my liberty, “ligion, besides the expectation we have of your sent unto him for his consent, who promised “good-will to pleasure us, will willingly accord his good-will, so that they would be bound that * to our request, having such proofs from time I should go indeed, when I had my liberty. ‘to time of our like disposition to you, in any But when two of the antients of the company * matters which you recommend unto us. And went unto him for his hand thereunto, he would “thus, right excellent, right High and Mighty not yield unless they would bound not * Princess, our dear sister and cousin, we com only that should (which they were will; “mit you to God's good protection. From unto) but also that should tarry there, till
* Edinburgh the 12th day of June, 1591. had her majesty's licence come thence. — Presently upon these things fell out that This condition they could not yield unto,
wretched matter of that leud fellow Hacket, that denied upon any such ground
whereby the adversary did take occasion so to was their suit, and my hope liberty,
slander the truth, and to disgrace the professors end; saving that one Mr. Cavell, who had
of the same unto her majesty, that I thought it been the first beginner and being bootless to sue. And so I did little till the into Turkey did most affect moved the dean
Lord Chancellor was dead, and forgotten by Paul's it: who thereupon wrote my such as were sorry for it; so that about Easter lord Keeper, persuading him the conveniency
term following, I sued for liberty to go to that journey for me, and my fitness there church, which was denied me, being a con unto. Which letter when he received, he did
demned man: but by the lord Treasurer's deal with the archbishop, they both pro means, I got a copy of my indictment, which mised their next meeting court deal before I could not obtain. with her majesty sign my pardon, that
Hereupon I getting a Pardon framed accord might have liberty the voyage. —But her ing to the Indictment, sent it with a Petition majesty never did sign the Pardon, and the by my wife to the Council, who referred me to Turkey ships going away without him, Udall the Archbishop, unto whom I both had sent died the Marshalsea prison about the end divers Petitions, and dutiful Letters, and also the year 1592, quite heart-broken with sorrow got many of my friends, both honourable per and grief.
sonages and others, to sue him, yet could not
—
John PERROT, Lord Deputy Westminster, for High Treason Eliz. April 27,
Ireland, 1592.
69. The Trial
THE Commissioners were, the Lord Cham
berlain, the lord Buckhurst, Robert Cecill,
Secretary Woolley, Mr. Fortescue, the Master ‘That the last January 1587, the 30th
the Rolls, Edmund Anderson, Lord Chief ‘year the queen's majesty, the said Justice the Common Pleas, Justice Periame, ‘John Perrot falsely and traiterously, &c. did Justice Gawdie, Justice Fenner, Mr. Rokeby, “imagine his heart deprive, depose, and ene the masters- her Majesty's Court “disinherit the queen's most excellent majesty
Request. from th royal seat,
away,
Sir John Perrot being brought the King's “make
Bench-Bar, accompanied with the Lieutenant ‘lion England and Ireland; and that did
the Tower, and Henry Lee; and procla procure foreign power invade the two mation for silence being made, the Lieutenant ‘realms. --That one James Eustace, viscount was commanded return his writ of Habeas ‘Baltinglas, being false Traitor her majes Corpus. Then was John commanded
‘ty and the state, sent Letters Treason from ‘Madrid the said John Perrot one ‘Dennis Oroughan, Irish priest. That the
well the place whereunto was brought, and ‘jesty's reign, did write her Letters the said therefore would submit himself humbly “sir John Perrot, signifying unto him that her their honours, and said, sithence was God's pleasure was, that the said sir John should will, and her majesty's, gave God hearty ‘not proceed any matters government,
hold his hand. Here low obeysance, and desired
John Perrot made
might his hand.
heard He pro
said sir John sent Letters of Treason to the Treason ‘said viscount Baltinglas into Spain, the against her majesty, and desired that the wit ‘said Dennis Oroughan,—That whereas the nesses might good and sufficient: knew queen's majesty, April the 27th her ma
speak before held
tested that never had thought
thanks therefore. —Then was
his hand again. Look what
man's band
bid
hold without the advice some her majesty's answered, council Ireland, wherein she graciously ad
true ‘vised him not murmur, but take the ever came this place, “same dutifully, and good part; notwith
Whereunto done; and here
The Effect the INDrcTMENT.
e o,
take her life
her realm, raise itebel
t
in
in
at
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in it,
a
to of of
is as to be
he
be
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toof
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of it,it,
1317] STATE TRIALS, 34 Eliz. 1592. —for High Treason. [1913
standing he the said John, shortly after the the precept directed unto him for the summon receipt the said Letters, did send for the ing the Jury for our sovereign lady the
archbishop Dublin, and reading the same Queen, and Letters unto him, great fury said these should answer words, “If she will use men thus, she will The names
O-yes made that every Juror his Name.
the Jurors were, Rø. Martyn, have cold service, and some one day she kt. John Machell, Henry Row, Ra. Weeks, will have need of me. ’—That the 29th Robt. Carr, John Padge, Henry Goodyer, Wm. year the queen's majesty did maintain Paggenton, Hugh Ofiley, esq. John Hautrey, horrible and unknown Traitors, not doing jus Wm. Megge, Henry Holford, John Stone, John tice upon them. —That pope Gregory 13, and Vavasour, Wm. Hichcooke, Rd. Edlyn, Christ,
the king Spain prepared Army England; which time the said
invade Read, Wm. Kinton, Tho. Fowler, John Powell, John Barth. Quenye, Humfrey Wylde, Tho. Russel, promising George Millot. Out these were taken,
sent Letters the king Spain,
him aid and assistance the Army: which whereof the foreman was Hugh Offley, esq. Letters Dennis Oroughan carried into Spain, Then Mr. Sands willed sir John mark
and received the said sir John divers sums the Jurors well they were called sworn,
money therefore. —That Bryan Orieke, notorious false Traitor, was procured and animated the said John move and
see knew cause challenge any
them, before they were sworn between our so vereign lady the queen and him. Where unto he answered Woe me that she made
party against me! And then demanded my C. J. the Pleas how many might
challenge. The Lord Chamberlain answered, That they the Bench were not give Coun sel the prisoner. Then said my lord Buck
tions his Imprisonment might work him; challenge against any them, you may
and therefore should happen fall into challenge; not, why should you challenge
any extraordinary speeches that honourable Then challenged two the Jurors,and said,
“stir Rebellion Here again
Ireland. ”
John desired speak, and
said that was years old, and had been long imprisoned, yet very honourably used
my Lord Treasurer's, but found fault with his
lodging the Tower; and said was na
ture cholerick, and knew not what imperfec hurst unto John, you have any just cause
place, craved pardon, alledging that the
same should not proceed for want duty obedience.
Lord send me justice, and for God's sake let me have good men; and wished might have men his own sort, and such knew service,
Then Mr. Sands, Clerk the Crown, asked and feared God; and desired that none might him, were Guilty this first Indictment. upon him that had any suit law with sir He answered, clapping his hand upon the Bar, Thomas Perrot his son and wished for more
these words; am not guilty any part good Aldermen yet they that were sworn that which laid down. —Then was he willed feared God he cared not.
hold his hand again: whereunto said, Here the Indictment was read unto the Jury, (holding his hand) What again? Here and after that O-yes made, know any
true man's hand.
The Effect the second INDICTMENT.
‘That the 15th day May, the 27th “year the queen, John Perrot being
“Dublin, received Letters from Alexander duke same, opened unto the Jury, that the ori Parma, craving his furtherance giving |ginal his Treasons proceeded from the ima Aid the king Spain's power. —That the ination his heart; which imagination was “20th June, the 28th year the queen, itself High-Treason, albeit the same pro
sent for Wm. Stanley entreat and ceeded not any overt fact: and the heart
confer with him touching his traitorous pur poses; and that the 30th June, Eliz. he talked with the said sir William
being possessed with the abundance his traitorous imagination, and not being able
contain itself, burst forth vile and traito rous Speeches, and from thence horrible and heinous actions; for Mr. Serjeant said, Er
abundantia cordis loquitur.
‘Stanley that effect. ”
Then was asked Indictment whereunto
words, viz. Even guilty
were guilty this he answered these
you are speak
Then words, and
Indictment.
John prayed serjeant lay aside
proceed the matter the
Whereunto answered, he
ing, Mr. Sands. Mr. Sands asked him whom would tried. will tried, said John, God and good men, and shall
not remember the most the points.
Then said Mr. Serjeant Puckering unto him;
You shall remembered every matter piecemeal.
Sir John Perrot said, pray God the Lord not angry with these courses; there
words, John brake forth into these Speeches, IIere the Sheriff was commanded return “If were not for yonder pild and paltry
judge Heaven who knoweth all.
man were there give Evidence against the - Prisoner the bar behalf her majesty.
Then Serjeant Puckering rehearsed the
Jury the principal Points contained the In dictment aforesaid. But before he handled the
would proceed degrees; but would first
begin with his contemptuous Words, which contained them High-Treason.
Then serjeant Puck. shewed, That Ni cholas Bagnol, marshal Ireland, being with
John Perrot his house, and entering communication together, and falling into hot
be in
sir
* * * * * * to in a he of
* *
to
is
I
in
in
he
in by
of ofa to
sirto
sir it
to in
go
sir
in sir to
be
if by at of he sir of to
of
in
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to
: as
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2
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of
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of
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1319)
STATE TRIALS, 34 Eliz. 1592. —Trial of Sir John Perrot, [1320
sword that lieth in the window, I would not majesty sending her letters unto him for the brook these comparisons: Speaking of her discharging many idle and unnecessary Pen majesty's Sword of Justice carried before him. sions, discharged among the rest one the
To this he answered, that he termed the archbishop's sons.
same after that sort, because the scabbard of was then declared, That whereas the office the same sword was old and worn ; and within the Clerk the Exchequer was void, and one week after he caused a new scabbard to that Mr. Errington had made humble suit unto be made. And then falling from that point to her majesty preferred that office, other idle discourse, my lord of Buckhurst told consideration his good and dutiful service; him, he was before a Bench very wise and her majesty directing her Letters John learned, and before a wise Jury; and therefore for admitting the said Mr.