Thus having debated the Evidences the ment, amongst other things that I
alledged
rest the Felons with Mr.
Complete Collection of State Trials for Treason - v01
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?
U. My lords, answer
be his Testimony; for
not present verify face face, according to the law
Judge Puck. verified his true Answer, under the hands Dr. Auberie and Dr. Lewen, the latter whereof confirmed be fore me upon his corporal oath.
And then the Judge said,
Judge. What say you? Did you make the
Daubl. You can take that, and will you say
thus, denying be, why
nothing
-
Book, Udall, yea, What say you
will you sworn Will you take your oath that you made not We will offer you that favour which never any indicted Felony had before take your oath, and swear you did not, and shall suffice.
my acquaintance, honest gentlewoman;
any these things?
H.
Exceptions against majesty's privy-Council that committed me,
not honest man had not come hither; but neither then might, was amazed, and nor may now, whereof pray you let me answered he knew not what for he hath re shew reason the Jury. and many more
am persuaded
My lords, pray you hear me this:
If would have done so
the lords of her
re think the Book good, for any thing we can find and written defence cause which we take be most true. Now the
ported diversely, that seeineth membereth not what said.
Judge. But the Oath Thompkins be preferred before his bare Report.
My lords, you, (and will verify
please you) that
was committed, his master's house, that could not say, neither would for thousand pounds affirm any more than this, that heard me say would not doubt but set my name that Book might have indifferent Judges. And further please you, my lords) here are some Witnesses that upon their oaths will testify, how diversly hath reported his Confession this thing, please your lord
ships accept them. And the witnesses
fering themselves heard, were answered, give account for both. This direct course- . . . that because their Witness was against the this place.
Author sought for, that answer: protest unto for some speeches that may
may punished wrested the found one
deny
upon my Oath, told me the day before
Book; therefore lest should after another that are suspected
queen's majesty, they could not heard. Judge. You the Jury consider this. This And after other speeches passing, Mr. Udall argueth, that were not guilty, would
said; -
My lords, the speech
most vain, and hath sense have made many Books,
make Catalogue them
Hords, saw Catalogue the Books my study, wherein that were one, rather arguinent that made not for men use not
put their own works the Catalogue those that they have their study.
Dault. You the Jury consider this, that
Thompkins was Mrs. Crane's man, and one that WOL.
thought best every one neither
deny, yea though we suffer some punish
ment,
than the
author, being out, found
#:
confess nor
should suffer extremity.
Judge. Nay, this but shift, will
further with you; Will you but say upon your honesty that you made not, and you shall see what shall said unto you -
My lords, one, make con science my word my oath, for must
clear himself, and consider well And the Catalogue then speaking Mr. Udall, said, Do not
it; for can that need may be, my
stand but confess and submit yourself the queen's mercy, before the Jury find you
uilty.
My Lord, answer, that according
my Indictment am not guilty, every point
whereof must proved, else the whole false. And beseech your lordships give me
leave, and will very brief: My conscience doth not accuse me that have so much as
offended her majesty, her council, the mean
-
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STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [12S4
est of her people in any thing I have done Statute was made against the Papists, who ose concerning this cause; for if I should, of all slander her highness with the terms He other I deserved the least favour, being one retic, &c. and way against us; for dare that professed to teach others loyalty to her boldly say myself, and the name my majesty, and love to one another and would Brethren, Cursed God, and de you have me to confess a fault where there is serveth doubtless be hatcd men, that doth
mone? No, I cannot do neither will wherefore proceed your course begun.
Dault. We have yet more Proof than this,
though yet this were sufficient itself; where against her highness, which any such
fore read the other Examinations. —Then was can way justly charged with partly read the Confession Henry Sharpe Nor that which said before, and partly for that thampton, who upon his oath, before my Lord my course teaching and living this Chancellor, had said, That heard Mr. Penry country these nine years (saving this last year,
say, that Mr. Udall was the Author ‘The Demonstration. ’
Sharpe and were never above once
company together (to my remembrance), nei
wherein have been absent) known have tended other end, than the provoking and persuading the people to, like and yield obedience unto her majesty, and the reli gion 1eceived her dominions: for the proof
ther knew ever any my dealings. This
nothing prove me the Author the whereof,
refer myself the consciences
the country that have known me. likely, that who have been Penry made which more forcible for me trained the Universities under her ma than any Sharpe's reports can against jesty's protection, and have always bended my
Book: Reports uncertain and reports men
true, the Archbishop himself told me, that Mr. And further,
ille.
Dault. You nistake the matter; the force
the point resteth Mr. Penry's report, who was one your great acquaintance and fami liars; and you, and Walgrave, and he, were Mrs. Crane's house.
studies the advancement the sincerity
the Gospel; that those small crumbs learning which have gathered, acknow ledge have received her majesty's means; these things considered, how can that should be evil-affected towards her highness, whom protest unfeignedly reverence And
enquire whether guilty the Felony, but the meanest her subjects. Again, the
whether the Author the Book for matter, bring within the compass the
already set down the Judgment the statute, must false: but this Book written
Judges the land, that whosoever was Author the behalf most true cause. Lastly, The
that Book, was guilty the statute fe End of must be cither the Defarnation
lony, and this declared above half year the queen's majesty, stirring agone. rection, Sedition Rebellion Though determined already, yet trust that the whole course
Insur for the former, our behaviour,
imagine the least hurt against her highness.
The Matter that naketh man Felon that Statute, must proceed from malicious intent
one man's saying the Jury consider
Here said so;
this proof pear.
Judge Clarke. You the Jury have not
that another
what force therefore the worst that the Author can be
you have any more, ap charged withal, his overheat and too much
pray your lordships give me leave shew both our ministry and conversation, declar
that which brief; and
found
the compass
have say, and will very prove, that though were
the author, yet cannot within that Statute, Anno Eliz. cap.
eth itself far from seeking defame her ilighness, tendeth, the uttermost
our powers, the advancement her honour. For am persuaded that there none
that would refuse undergo any pain, whereby her majesty might any way the better ho
noured yea, we would not refuse, need required, lay down our lives for redeeming
whereupon the Indictment framed.
udge. You shall heard say for your
self what you can, therefore say on.
Though
yet think sons following
not profession can shew clearly
Lawyer, these rea
the least aking where with she might second end, which
her majesty's little finger,
grieved. Now for the the moving stirring up
The intent
inakors (which always regarded these
Rebellion, &c. pray your lordships, and
you the Jury consider this: There have been, since the first day her majesty's reign, learned men that have desired the advance ment this Cause, and many the people
cases) considered, which appeareth
the Preface the Statute these words, “To frustrate the Malice of those that be evil af.
the law
fected her highness. ' Now pray you con
sider this how can Or how possible
that Preacher, the same religion which her
majesty professeth and maintaineth, who
known continually pray unto God for her \time been any any place that have raised highness's prosperity and happiness, both Insurrection Sedition yea this Book, soul and body how possible, say, that which now question, hath been extant"
such one should maliciously affected to these two years yet trust neither your lord
wards her Tuerefore evident that the
ships, nor any here present can shew that any
vehemency, reason his zeal against the
abuses, and not any malice against her majesty,
that affected and yet hath never appeared, that occasion hereof, there hath all this
-
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1285] STATE TRIALS, 32 Eliz. 1500—for Felany. . [1286
people in any corner of the land, nny it cannot land Papist, Anabaptist, the Family be justly proved that any one person hath taken Love, and what not Yea, you say, could
any occasion hereby to enterprize any such live Bishop's house,
matter: and therefore the making of this Book twenty years, and never
cannot be Felony. Besides this, there What this but plain
had been any such thing meant the Author, State And mark the words, for you say, you
received the people, the Indictinent could live England And doth her ma chargeth me withal, (which the defamation jesty's laws allow papists This maketh evi her highness's government) yet, take dently against you, and plain that you
should not Felony that Statute; for cannot deny
the whole course declareth, that only My lords, might please you hear meant them that defaune her highness's per ine word two, will shew the meaning son, and not her government, manifest the Author the Book; beseech you
the last proviso; wherein shewed, that the whole statute doth determine and end
with her majesty's life. And we may not think their wisdoms that made the law be so unad
vised, make law for the preservation the prince's government, which continual, last longer than the life one prince, which
temporary therefore seemeth that the statute hath no further regard than this, that her highness's person might preserved that
honour and dignity, which becometh her royal dignity and estate. And besecch your lord ships answer me, for appeal your consci
ences, you will answer God for my life and pray you tell the Jury, whether you think the intent the statute were any sort meant against us, and not rather against the Papists. -
Judge Puck. You not well charge with our conscienres, which God only
know. answer you, the Intent the Sta tute against all, for the words are.
The words, my lord, confess are so;
but the principal intent Judge. Yea, so.
thing excuse you; for you cannot excuse
yourself have done with malicious intent against the Bishops, and that exercising
hear me, and will very brief; know the laws England not allow any such are mentioned that Book, for there are godly laws made for the punishing them, they
Judge Clarke. We have heard vou speak
Judee Clarke. This Book hath made you come within the compass the Statute pointed thein, and consequence though your Intent were not for am sure
their government which the queen hath ap
against the queen.
My lords, am persuaded that the Au
there was Mr. Stubbs, well known divers here good subject and honest man; yet taking upon him write Book against
thor did not any Malice against them
and for myself, protest wish them much her majesty touching Mounselir, thereby
good my own soul, and will pray
came within the compass Law, which in ndcd not making the Book; and am persuaded, that did good affection to
God give them repentance. But the cause
why the Author did earnestly inveigh against
them was this, seemeth, because per
ceived them not only execute authority been made then, which was made since, he
which taketh unlawful the Word of God, but also for that they not the tenth part that good (even those corrupt callings) which law they might and am per suaded that your lordships know your own consciences, that they not the tenth part that they are bound do.
had died for So you, though you intended not come within the compass the Statute,
yet the law reacheth your fact, that did his.
My lords, his Case and mine not alike, for his Book concerned her Highness's person; but the Author this Book toucheth only the Corruptions the Bishops, and there fore not the l’erson her majesty.
Judge Clarke. That true, they not the
good that they might but yet that doth not
excuse you for plain your Book, that
you writ not against them only, but you writ against her majesty's person; for her majesty against the State; for not against the State, being the supreme governor persons and
Judge. But will prove this Book
when you say, That easier live Eng causes these her douinions, hath established
were put exccution. But this
the Author's meaning: That
respect her majesty's Government and Laws, but respect the Bishops, whom your lordships know wholly employed find ing out, and punishing us, not regarding
(in manner) the punishing any sin else. Judge. What, Sirrah, will you not consess
any fault the Book You seek ex cuse ail.
Author never had any malicious intent against her highness, any her subjects.
wards her majesty; and yet this law had
may these much molested for slandering the
take not spoken
My lords,
was never any work
there have been
and therefore there may some fault the manner, but surely none the matter for the Bishops themselves will confess that they may fail their actious, and partial (as they are men) the manner handling any thing. So also the Author this Book being assured that the matter without reproof, may err the manner, being over-zealous the handling
and this fault will easily confess
for yourself this Point large, which no the Book, my lord but am sure the
acknowledge that there
man perfect, but perfections the same:
isisdotoinbeto it ;isdo
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:
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do
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STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [124s
1237]
this kind of government in the hands of the
“Bishops, which thou and thy fellows so strive against; and they being set in authority for the exercising of this government by her ma
jesty, thou dost not strive against them, but her majesty's person, seeing they cannot alter
the government which the queen hath laid upon the n.
U. My lords, we are not ignorant of this,
that her majesty hath a care that things might well; and that respect hath given
them often charge, (upon the considerations these controversies) see that nothing amiss; and because she had good opinion
Apostle doth not acknowledge any fault that his Speech, for there was lawful High-Priest that time: neither did acknowledge any,
seeing they did end Christ. And thus the best divines expound the place.
Then, after some farther Specches this Exposition, the Judge returned the matter the Book again, saying, That the Book did
concern the State, and said:
Judge. But, Sirrah, thou canst not cx
cuse thysels, though touched not the Queen and the State; for not written
thy Book, that this saying will not serve their
turns, The Queen and Council will have so? them for their gravity and learning, she whereby plain, that thou didst speak against
believeth them when they say well and good case: whereas, they had the grace
the queen and the state. -
My Lord, the Author only meaneth this, That when we are called before the Bishops,
look into these things, and make them known
they be, indeed her majesty and the state, they were often driven use this arguinent
doubt not, would quickly redress them; and (when they had nothing else say for them
therefore was that the author did charge them.
selves), that they could content unany thags
were amended; but must be so, for the
Queen and Council will have And surely
herein methinks they slander her highness;
and we tell them, that however they bear
out here before men, yet before God that ex cuse will not serve their turn.
Judge. Thou canst not carry away so: dost not thou plainly say, That they are not safe, though they have human authority
their side; but that our side mightier
than they? Whereby thou both abasest her
majesty, and also dost threaten them with scale force and violence.
Then the Judge proceeding farther
Book prove him have offended:
speak against railing against magistrates; and speaking Mr. Udall,
he said, effect, thus:
Judge Clarke. Sirrah, you that should have been Teacher her majesty's people, you
should have taught yourself not have railed upon the Rulers the people; for you not know what written the 23rd Exodus, ‘Thou shalt not rail upon the Ruler the People, for whosoever doth shall die the death. ' And you not know what written
the 23d Acts, where the Apostle Paul being before the High-Priest, called him “Painted Wall:” and being smitten one the High-Priest's servants, was said unto him, “revilest thou the Lord's High-Priest? " To which Paul answered, knew no’, brethren, that was the High-l’riest. ” Lo! thus did acknowledge his fault: Do you - know these things, Sirrah
My lord, you know that we hold not lawful for Minister Civil Magistrate, and there are least 500 this land, amongst whom am the most unworthy, that are the same judgment this point.
Judge. But how the Queen doth give them - -
the took
occasion the same
U. They ought not take
lord please you), will answer
under her majesty for Judges, than any way
concern the Bishops: And touching the sceond place out Acts 23, where the Apostle saith,
Brethren wist not that was the High Priest:" the meaning that place
should say, thought there had not been any High-Priest now, seeing Christ being come, the
High Priesthood was cease; that the
not look for neither, that ever should any
force prevail, but that would please God
honour her highness with the advancement the same.
Judge. No, no, these are but excuses; these malicious speeches proceeded from thee, and were the ground-work all these Libels that have been dispersed since, and thou art known the ring-leader this faction.
There reason charge me with other men's doings, every man must answer himself; but for me (alas! ), am no body: there are five hundred Ministers this land my judgment these things, the meanest
which acknowledge far better learned than am. But the way, my lords, pony your lordships give me leave say one thing, which being about speak before, was terrupted; and therefore seeing now conneth into my memory, pray you hear me, though
out time, concerning the felony whereof am accused; maketh greatly for me.
Judge. What - Let hear what you can say.
Proofs, though came not hither
dispute. But my answering, my purpose not give any liberty any man rail upon any that are authority. Now your Proofs; say, my lords, that the place out Exod. 23, doth rather concern your lordships, and such are
And, my your
true, that whosoever doth unjustly not safe though the princes
world should defend him it; and that the
meaning the Author: But say, that force and violence threatened them, farthes:
doubtless from this meaning; for
known good Refor
means, mation
the world, that we desire, by commend this holy cause
her majesty and the state, and
'
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>
1289) No. STATE TRIALS,
U. When I was before the lords of her
I said, that the thing was accounted criminal, Verdict that was Guilty Felony.
and therefore by law I was not to answer: My After that baron Clarke had finished all lord Anderson said, that I said true, if the case other matters law, and that the Juries had had concerned either the loss of life or limb ; given their Verdicts the Felons, finding whereby it is manifest, that then my case was some Guilty, and some Not Guilty, the Judge not esteemed felony. - commanded all the Prisoners to stand forth
Eliz. 1590. —for Felony. [1290
Foreman the Jury went himself unto them.
Thus having debated the Evidences the ment, amongst other things that I alledged rest the Felons with Mr. Udall, after the X′ against the taking of an Oath to accuse myself, Judges had dined, the Jury brought their
majesty's Council at the time of my commit
Judge. Though the Judges had not then and answer to their names: who did so. concluded yet was law before, else And first, Mr. Udall was called, who stood
after; o bar; Judge
could not deterinined the violent forth the but the commanded
course others since, hath caused your case him for that time stand aside, saying, That more narrowly sisted. - he would deal with him anon. Then some of
Then the Judge (having spoken the like the Prisoners which were saved their Books, effect also) said the Jury, That they should were burnt their hands; and for that night not need trouble themselves find him there was nothing more done. Then the Guilty the Felony, but only was Judge commanding the jailor bring the Pri
they sound him Guilty the Book: for, quoth fie,
the Judges
soners betimes the morning, commanded already deter. them depart: and for that time every
that Book was
the Author
the Land, that the man departed his place.
mined
Author
statute
cluded before came hither: Therefore you about four the clock, the Prisoners were being ignorant the law, and being sworn, brought the bar, who stayed till the coming
well you are, you are hear us, and the Judges who came thither six the take our exposition the law. And after clock, thereabouts, and called the Prisoners
the compass the
Felony; and this, quoth he, was con The next morning, being the 25th July,
many other speeches, the Judges said, Gothy
way, we will hear thee longer, get thee
their names receive Sentence Death: and first, they began with Mr. Udall; who, af
ter he was called, was commanded stand aside till anon. And then were seven. Felons
that received Sentence Death; who being taken aside, Mr. Udall was called the second tine; and the Clerk the Assizes said, “John
hence; and shaking hand, other Jelous hear their Causes.
called for the
Then the Jury said, What can we find? Judge. Find him Author the Book, and
leave the Felony
And after some other Speeches, Mr. Fuller Udall, hold thy hand, what canst thou al
said the Jury, You are find him Author ledge for thyself, why thou shouldst not receive the Book, and also guilty malicious In Judgment die? ’
tent making
Whereat Mr. Daulton said, What have you
Udall. My Lords, notwithstanding my ear
nest pleading and protesting mine innocency
yesterday, which could and would have done
with the matter, Mr. Fuller, the Jury
speak
that he
cond Judges,
the Author of the Book: and the se
Point Law agreed upon the have said.
Judge. think you can have benefit by for am deceived not excepted.
more clearly, but that was much inter the Bar, rupted; yet bath pleased the Jury, upon
Then there being some noise
Mr. Udall could not any more heard Yet their consciences, find me Guilty that,
was ready depart, said the Jury, which, thank God, never entered into my You the Jury, consider this, that you have heart now therefore must plead another not consult about the Life Seminary and Plea, and therefore crave your lordships Popish Priest, but Minister the Gospel.
Then Judge Clarke shewed the Reasons the
Jury, why they must find him Guilty; saying,
The Evidences are manifest for the first Point,
the Jury, after they had heard the Evi Mr. Udall said, pray your lordships consi dences the other Felons the Bar, deported der the ground my Plea, albeit indeed
to consult about them which time their seems excepted your lordships confessed consultation, there came two several messages, yesterday, and shewed my lord Ander
exhorting him submit himself, and yield
unto the Judges before the Jury had given their Verdict.
son's Speeches me, that was not thought
Felony till late: and therefore the things that excepted, such inquirable and
punishable the Ecclesiastical Courts. Judge. That nothing; for the lesser
excepted, much rather the greater.
My lords, refer your consciences and favourable considerations: the words are
these the Pardon, which repeated and
Unto whom Mr. Udall replied, willing them not trouble him with any such matter; for he was clear his conscience, and therefore
* he was not accuse himself. which time
also the Jury divers times sent and received rucssages from the Judges; and last, the
grant me the benefit the Pardon granted the last parliament.
Then said the Clerk, some other, Reach me the Statute-Book and whilst he looked in the same
In at
a be a he we it
:
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1291] STATE TRIALS, 32 Eliz. 1590–Trial of John Udall, [1292
they finding it to be as he had said, the Judge plainly we have Church, Sacrament, said, Here is no help for you. And after other Ministers, nor any Worship God amongst Speeches between them of the meaning of the these things not looked unto time, what words of the Pardon, the Judge said, Mr. Udall, confusion shall we have this land shortly
spake against the cause cannot particularly lay effect the substance it: this half year, and therefore could not attain to concluding, said, Thus unuch, Mr. Udall,
our counsel hath deceived you. '
Udall. . My lords, I have not received any
counsel herein, for I have been close prisoner
down but this
have any counsel ; but thus much have I ga have your speeches enforced ine speak, lest
thered, which is my Judgment, out of the Book. Judge. What can you alledge more for
yourself? this helpeth you not.
Nothing but mine own innocency, but
that your lordships may proceed.
Judge. What say you? Are you contented matter; only this could wish you, leave
submit yourself the Queen. first decided the learned divines, Yea, else were not worthy live whose calling belongeth. And although some
her highness's dominions. weak men wanting judgment have been headily Judge. But will you acknowledge yourself carried seeking toe furtherance this cause, have offended her majesty making this and for want this government have run
Book? She gracious and full mercy; into some errors: yet reason charge may be, that we, reporting your Submission with them; for your lordships know, that we unto her majesty, inay procure her Pardon for have been the men that have taken the greatest you.
doubted Truth that you hold for hold dom do maintain the same.
undoubted falshood. And then pro Judge. How you know that? Have you ceeded further large set speech, the effect been beyond the seas know the greatest num
whereof was, That this land having been go ber learned men this judgment
verned sundry nations, hath yet kept her
antient laws, which (he affirmed) would over
thrown, this government that these men seek
for, should established and then further learned men this land.
shewed, What inconveniencies (as thought)
would come by the same, viz. That we having
Laws and Judges appointed decide Con
troversies, this presbytery which these men seek
for, would overthrow all, and bring their Judge. Well, you can alledge innre. censure and government all men's causes, neither will submit yourself the queen's else they would excommunicate them from their mercy, then hear your Judgment.
churches: yea, and they are hot for this My lords, was beginning speak, but government, that they will not stay for the you interrupted me pray you hear me what
magistrate; and the magistrate will not,
they will reform themselves: and one them writing letter friend his, saith,
will say, and then God shall move you. Judge. Let hear what you will say.
As Let number our hot brethren, that we may the Cause
know who will stand for high time. that plain, that they cannot have
with her majesty's consent, they will have
though make our hearts ake, you say
and therefore means yield am found
your book. And whereas her majesty bath re Exceptions against you nor the Jury but that
venue belonging her crown out the church which you have done, acknowledge done livings and cathedral churches, these men would equity and right. Seeing, say, you have
have her majesty give unto them those reve found me guilty, whereby cannot live nues, for the maintenance their presbytery, without her majesty's gracious and special fa
and they would allow her stipend their dis vour, acknowledge, that whatsoever have cretions; that they would bring the queen done the advancement the Cause, may and the crown under their girdles. —And some offend the manner; which respect (if
Many other things reformation, which
May please your lordships hear me; The cause for which am called question,
pains reclaim them the joining thern selves with the church, from which they have separated themselves.
Judge Clarke. You are deceived the undoubted Truth God; but, &c. And matter Divinity only, but
cannot forsake any sort, for hold
not matter our profes
then was interrupted Judge Puckering, who said, -
Judge. Nay, stay there, you cannot away with that speech unanswered, buz into the
State, and within the compass sion; and not greatly
you would have believe
controversy,
diversly debated (my lords), and people's ears such conceit, that un greatest number learned men Christen
the people here present (being deceived) should
carried away answered briefly
To which Mr. Udall
My lords, disputation with you
bootless for ine enter this place touching this
Your lordships know, that the churches France, the Low Countries, and Scotland,
maintain the same, besides many hundred
Judge. Have you been these churches, that you can tell much
know true (my lords), for their practice doth shew them this judgment.
said before, say now, believe be the undoubted Truth of God; the matter, cannot by any yet seeing, your order law, guilty, neither can (for the reverence bear her majesty's laws) take any
these inen have gone far, that they say have offended) seeing hath pleased your lord
of
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1293] STATE TRIALS, 32 Eliz. 1590. —for Felony. [1294
ships and the Jury find me guilty, wil lingly submit myself, and heartily crave her ma
jesty's Pardon.
Judge. But are you sorry that you have
offended the queen's majesty -
I am sorry that the course of the law
hath found me to have offended. .
Judge. So is every thies that is condemned
own hand, judgment, mercy cannot prevail.
Judge. No, your meaning was, that
should brought force and violence.
U. God forbid! Far be from con
ceive any such inagination. The Author that Book doth plainly shew, that meant such thing; and the words following, the end the Epistle, declare the same; for there sheweth whom brought
sorry, that his offence is found out, but not for the fact. This is a plain fallacy.
JudgeM. My lord, indeed if it were so as
namely, her majesty and her honourable counsellors, that they may see and establish
youf lordship doth understand
plain fallacy: but say farther,
ner handling good Cause,
found me any offence against her majesty's Queen will not, yet you say, shall come laws, acknowledge, that the manner
handling her majesty may justly offend
ed, for which am sorry. And protest that
have never gone about advance any the Malice that stand against it. ' For
other means, than and tendering
manifesting men, them authority; and
might not contrary the laws this land, that might re
that such means
ceived her majesty and the state
and this charged
were
the man the same.
-*
there Judge.
Nay, the meaning That
the
there are many Heads that are not maliciously bent against there great difference be tween Malice and Heads; for some are against the Cause through ignorance.
Judge. one effect.
Nay, my lords, there great difference.
Judge Puck. Well, Mr. Udall, you were best submit yourself the queen's mercy, fence; whereby you call question the equity and leave these courses; for tell you, that
the words are, ‘That must prevail, maugre the Heads that stand against it. ” U. , Nay, my lords, the words are, Maugre
the care with factions.
all, howsoever we
Judge. You say, there found any Of
dealing this court against you.
My lords, not, neither will
let
your Book most seditious and slanderous
against her majesty and the State; and yet
assure you, that your Book had been passed
looked into you and the rest whom concerneth, hope you would not deal other
wise than lawfully against me. -
Judge Puck. You say, you seek
ful means: What can be meant but unlawful
means the words your Book “If come that means that will make your hearts ake, blame yourselves. ' What good means
can meant these words
My lords, yesterday shewed you what
took the meaning the Author some places the Book alledged against me the indictment; and then would have
spoken unto all, but you cut me off: pray
over, there had not come forth presently
you therefore the Author
hear you how you expound My lords, your lordships must under stand, that the Author taketh for granted,
that the Cause God's, and must prevail and therefore, sceing God hath used the means his mercy bring giving gracious prince, long peace, and abundance and stirring some exhibit supplications
the parliament; these things not prevailing mercy, will bring some judg
ment, plague famine, some such-like unishment: and this always the manner
Sen. ’ and other such-like; which your Book was judged the ring-leader.
My lords, those that are learned, and
maintain this Cause, judge this book written very indifferently, howsoever
hardly construed. But for “Martin,' and the rest those Books that you have named, they were never approved the Godly learned and ain fully persuaded, that those Books were not done any Minister; and think there never minister this land, that doth know who Martin' And for my part, have been inquisitive, but could never learn who he is.
Judge Clarke. You will not acknowledge yourself faulty any thing, and therefore
vain stand any longer with you.
will easily confess, that manner the
Author hath offended for no man can handle
cause well, but there will fault appear appeareth Job, who having good
cause, handled weakly easier handle cause cunningly, than good one well.
Judge. Nay, but you have maliciously
feuded publishing this Book, which tendeth the overthrowing the State, and the
moving Rebellion.
My lords, that far from me; for we
Judae. Let
me shew you the meaning those words now.
God's dealing.
Judge. You cannot expound
so; for the
words import another thing.
My lord, the Author himself expoundeth
unlaw
after such number slanderous Libels, ‘Martin Mar-Prelate,’ Martin's Epitome,’
the words following; where saith,
That must prevail, for such judgment will teach that, reforming things amiss, the prince overtake this land, shall make the ears will not consent, the weapons that subjects are
all that hear thereof tingle:’ So that fight withal, are repentance and prayers raneaneth nothing but this, That God will bring patience and tears,
‘Martin Jun. ’ “Theses Martinianae,’ ‘Mar
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1295] STATE TRIALS, 32 Eliz. 1590–Trial of John Udall, [1296
Judge. Yea, you had done well if you had notwithstanding many more things were said
used these weapons, rather than to have made both sides, especially the set Speeches this book. both the Judges, and Mr. Daulton, the
U. God forbid but that we should give unto disgrace the desired Reformation, which her majesty that honour which justly is due could not well expressed particular, and unto her For we have not taught the people therefore have left them. Also many other to reform the state without the prince, and our things Mr. Udall proposed and begun say, practice hath proved the same; for we never which they stopped, that they could not
taught any of her subjects to go before her, but
to leave that honour as belongeth to her ma jesty. -
perceived.
The Assizes being thus ended, Mr. Udall was returned the Prison of the White-Lion
Judge. Well, will you submit yourself or
not for else I inust proceed to judgment, and Southwark, beginning the 18th Feb. 1590;
I stay
what my brother hath I know not, and there
during Supplication which time wrote
Submission the queen's majesty followeth: Mr. Udall's Supplication her Majesty.
“Most gracious and dread Sovereign, the
have no
authority you,
to favour neither will
sentence of death
according my
to office:
fore shortly submit yourself, or else Iam to pronounce sentence of death.
fo ready
U. And I am to receive for
present and lamentable estate wherein Istand, being found guilty Verdict, Author
before God (not knowing that
live hour) that the cause good, and am contented receive sentence, that may
leave posterity how have suffered for the cause. But, my lords, the Cause excepted, will submit myself anything.
Judge. Let the Cause alone, and tell
more but acknowledge yourself have offended the queen's majesty.
may not any case yield the Cause; have almost ever since was
Preacher the Gospel professed and there
. . . i.
fore cannot Judge. Let
vict, am not
most humbly desire cellent majesty, that whereof call God
this time changed.
say) the Cause alone, say
Death, and Life again
cause return the Comfort
Before whom standing thus con plead my innocency; yet
am
“A Demonstration of Disci
again, where coutinued till the Sessions
Book
pline,' and being, without your gracious Par don, die for the same; humbly prostrate myself your majesty's feet, submitting my self most humble manner as becometh du
tiful subject, such order shall please your highness appoint, whom God hath given high and sovereign power, able both
kill and quicken, bring the Gates
what you will do.
U. must needs profess
- -
may not offend your ex protest (of the truth witness, who knoweth secrets, and will judge both the quick and
and mention have started
kest should thought that
from it; but for any thing that have done the dead) that had never any thought
the manner against law, am heartily sorr for it: more than this cannot say, wit me what you will.
Judge. But are you sorry for offending her
majesty and her laws, and you contented amend, and live obedience becometh
imagination publish, write, any thing maliciously, tending the dishonour slan der your majesty's royal person princely estate, under whose gracious government have attained many benefits and blessings; amongst which most highly esteem the true knowledge and fear God; regard where
have been always ready even adventure my life, for the preservation your most royal person and defence your princely estate, and the same have also taught unto others, thing specially commanded God: notwithstand
-upon your knees, and crave her maj. 's mercy. for life unto your majesty's most gracious Then Mr. Udall kneeling down, said, mercy, most humbly desiring your highness
good subject?
U. am content
seek the advancement other means, than that
this cause
which may stand with the laws the duty good subject.
this land, and
Judge. come not here submit yourself, but you shall
intreat you
willingly ing, fearing the severity justice unto death,
refuse not any kind Submission, jesty and intreat your lordships means her majesty for me; and
her ma your merciful compassion, for relief my poor and miserable estate, grant me your gracious
were and comfortable pardon, whereby may worthy that my poor papers might come unto discharged, both the offence and punishment, her majesty, her honourable council, which the law hath laid upon me. Other hope
would write thus much unto them. than this have none, but the trust have Judge. Nay, will you write thus much unto God, (according his promises) that your ma
us, that we may first see her majesty?
willingly
and commend
jesty special gift God merciful, and have vouchsafed even unto such were not only
gracious and shew mercy imputation
law, but indeed malicious and mortal ene And this the Sum of that which with the mies your highness; and therefore hope help others could remember, having not any that the same goodness princely nature
Thus they dismissed him.
intent leave out enlarge any thing further may moved, and will shew forth itself than the meaning the speakers did intend: like gracious compassion my behalf. Which
on
of so
of
as I
of ittoain
to of
is
I I IIofit
an
in
to inbersI Ior Iof of orinbe of
of
fly
of, all
of toso
a
on
beto by a
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I atto
I heto be
. . I ofa in U.
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?
U. My lords, answer
be his Testimony; for
not present verify face face, according to the law
Judge Puck. verified his true Answer, under the hands Dr. Auberie and Dr. Lewen, the latter whereof confirmed be fore me upon his corporal oath.
And then the Judge said,
Judge. What say you? Did you make the
Daubl. You can take that, and will you say
thus, denying be, why
nothing
-
Book, Udall, yea, What say you
will you sworn Will you take your oath that you made not We will offer you that favour which never any indicted Felony had before take your oath, and swear you did not, and shall suffice.
my acquaintance, honest gentlewoman;
any these things?
H.
Exceptions against majesty's privy-Council that committed me,
not honest man had not come hither; but neither then might, was amazed, and nor may now, whereof pray you let me answered he knew not what for he hath re shew reason the Jury. and many more
am persuaded
My lords, pray you hear me this:
If would have done so
the lords of her
re think the Book good, for any thing we can find and written defence cause which we take be most true. Now the
ported diversely, that seeineth membereth not what said.
Judge. But the Oath Thompkins be preferred before his bare Report.
My lords, you, (and will verify
please you) that
was committed, his master's house, that could not say, neither would for thousand pounds affirm any more than this, that heard me say would not doubt but set my name that Book might have indifferent Judges. And further please you, my lords) here are some Witnesses that upon their oaths will testify, how diversly hath reported his Confession this thing, please your lord
ships accept them. And the witnesses
fering themselves heard, were answered, give account for both. This direct course- . . . that because their Witness was against the this place.
Author sought for, that answer: protest unto for some speeches that may
may punished wrested the found one
deny
upon my Oath, told me the day before
Book; therefore lest should after another that are suspected
queen's majesty, they could not heard. Judge. You the Jury consider this. This And after other speeches passing, Mr. Udall argueth, that were not guilty, would
said; -
My lords, the speech
most vain, and hath sense have made many Books,
make Catalogue them
Hords, saw Catalogue the Books my study, wherein that were one, rather arguinent that made not for men use not
put their own works the Catalogue those that they have their study.
Dault. You the Jury consider this, that
Thompkins was Mrs. Crane's man, and one that WOL.
thought best every one neither
deny, yea though we suffer some punish
ment,
than the
author, being out, found
#:
confess nor
should suffer extremity.
Judge. Nay, this but shift, will
further with you; Will you but say upon your honesty that you made not, and you shall see what shall said unto you -
My lords, one, make con science my word my oath, for must
clear himself, and consider well And the Catalogue then speaking Mr. Udall, said, Do not
it; for can that need may be, my
stand but confess and submit yourself the queen's mercy, before the Jury find you
uilty.
My Lord, answer, that according
my Indictment am not guilty, every point
whereof must proved, else the whole false. And beseech your lordships give me
leave, and will very brief: My conscience doth not accuse me that have so much as
offended her majesty, her council, the mean
-
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it to anto it
I or
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it
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it
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1285)
STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [12S4
est of her people in any thing I have done Statute was made against the Papists, who ose concerning this cause; for if I should, of all slander her highness with the terms He other I deserved the least favour, being one retic, &c. and way against us; for dare that professed to teach others loyalty to her boldly say myself, and the name my majesty, and love to one another and would Brethren, Cursed God, and de you have me to confess a fault where there is serveth doubtless be hatcd men, that doth
mone? No, I cannot do neither will wherefore proceed your course begun.
Dault. We have yet more Proof than this,
though yet this were sufficient itself; where against her highness, which any such
fore read the other Examinations. —Then was can way justly charged with partly read the Confession Henry Sharpe Nor that which said before, and partly for that thampton, who upon his oath, before my Lord my course teaching and living this Chancellor, had said, That heard Mr. Penry country these nine years (saving this last year,
say, that Mr. Udall was the Author ‘The Demonstration. ’
Sharpe and were never above once
company together (to my remembrance), nei
wherein have been absent) known have tended other end, than the provoking and persuading the people to, like and yield obedience unto her majesty, and the reli gion 1eceived her dominions: for the proof
ther knew ever any my dealings. This
nothing prove me the Author the whereof,
refer myself the consciences
the country that have known me. likely, that who have been Penry made which more forcible for me trained the Universities under her ma than any Sharpe's reports can against jesty's protection, and have always bended my
Book: Reports uncertain and reports men
true, the Archbishop himself told me, that Mr. And further,
ille.
Dault. You nistake the matter; the force
the point resteth Mr. Penry's report, who was one your great acquaintance and fami liars; and you, and Walgrave, and he, were Mrs. Crane's house.
studies the advancement the sincerity
the Gospel; that those small crumbs learning which have gathered, acknow ledge have received her majesty's means; these things considered, how can that should be evil-affected towards her highness, whom protest unfeignedly reverence And
enquire whether guilty the Felony, but the meanest her subjects. Again, the
whether the Author the Book for matter, bring within the compass the
already set down the Judgment the statute, must false: but this Book written
Judges the land, that whosoever was Author the behalf most true cause. Lastly, The
that Book, was guilty the statute fe End of must be cither the Defarnation
lony, and this declared above half year the queen's majesty, stirring agone. rection, Sedition Rebellion Though determined already, yet trust that the whole course
Insur for the former, our behaviour,
imagine the least hurt against her highness.
The Matter that naketh man Felon that Statute, must proceed from malicious intent
one man's saying the Jury consider
Here said so;
this proof pear.
Judge Clarke. You the Jury have not
that another
what force therefore the worst that the Author can be
you have any more, ap charged withal, his overheat and too much
pray your lordships give me leave shew both our ministry and conversation, declar
that which brief; and
found
the compass
have say, and will very prove, that though were
the author, yet cannot within that Statute, Anno Eliz. cap.
eth itself far from seeking defame her ilighness, tendeth, the uttermost
our powers, the advancement her honour. For am persuaded that there none
that would refuse undergo any pain, whereby her majesty might any way the better ho
noured yea, we would not refuse, need required, lay down our lives for redeeming
whereupon the Indictment framed.
udge. You shall heard say for your
self what you can, therefore say on.
Though
yet think sons following
not profession can shew clearly
Lawyer, these rea
the least aking where with she might second end, which
her majesty's little finger,
grieved. Now for the the moving stirring up
The intent
inakors (which always regarded these
Rebellion, &c. pray your lordships, and
you the Jury consider this: There have been, since the first day her majesty's reign, learned men that have desired the advance ment this Cause, and many the people
cases) considered, which appeareth
the Preface the Statute these words, “To frustrate the Malice of those that be evil af.
the law
fected her highness. ' Now pray you con
sider this how can Or how possible
that Preacher, the same religion which her
majesty professeth and maintaineth, who
known continually pray unto God for her \time been any any place that have raised highness's prosperity and happiness, both Insurrection Sedition yea this Book, soul and body how possible, say, that which now question, hath been extant"
such one should maliciously affected to these two years yet trust neither your lord
wards her Tuerefore evident that the
ships, nor any here present can shew that any
vehemency, reason his zeal against the
abuses, and not any malice against her majesty,
that affected and yet hath never appeared, that occasion hereof, there hath all this
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1285] STATE TRIALS, 32 Eliz. 1500—for Felany. . [1286
people in any corner of the land, nny it cannot land Papist, Anabaptist, the Family be justly proved that any one person hath taken Love, and what not Yea, you say, could
any occasion hereby to enterprize any such live Bishop's house,
matter: and therefore the making of this Book twenty years, and never
cannot be Felony. Besides this, there What this but plain
had been any such thing meant the Author, State And mark the words, for you say, you
received the people, the Indictinent could live England And doth her ma chargeth me withal, (which the defamation jesty's laws allow papists This maketh evi her highness's government) yet, take dently against you, and plain that you
should not Felony that Statute; for cannot deny
the whole course declareth, that only My lords, might please you hear meant them that defaune her highness's per ine word two, will shew the meaning son, and not her government, manifest the Author the Book; beseech you
the last proviso; wherein shewed, that the whole statute doth determine and end
with her majesty's life. And we may not think their wisdoms that made the law be so unad
vised, make law for the preservation the prince's government, which continual, last longer than the life one prince, which
temporary therefore seemeth that the statute hath no further regard than this, that her highness's person might preserved that
honour and dignity, which becometh her royal dignity and estate. And besecch your lord ships answer me, for appeal your consci
ences, you will answer God for my life and pray you tell the Jury, whether you think the intent the statute were any sort meant against us, and not rather against the Papists. -
Judge Puck. You not well charge with our conscienres, which God only
know. answer you, the Intent the Sta tute against all, for the words are.
The words, my lord, confess are so;
but the principal intent Judge. Yea, so.
thing excuse you; for you cannot excuse
yourself have done with malicious intent against the Bishops, and that exercising
hear me, and will very brief; know the laws England not allow any such are mentioned that Book, for there are godly laws made for the punishing them, they
Judge Clarke. We have heard vou speak
Judee Clarke. This Book hath made you come within the compass the Statute pointed thein, and consequence though your Intent were not for am sure
their government which the queen hath ap
against the queen.
My lords, am persuaded that the Au
there was Mr. Stubbs, well known divers here good subject and honest man; yet taking upon him write Book against
thor did not any Malice against them
and for myself, protest wish them much her majesty touching Mounselir, thereby
good my own soul, and will pray
came within the compass Law, which in ndcd not making the Book; and am persuaded, that did good affection to
God give them repentance. But the cause
why the Author did earnestly inveigh against
them was this, seemeth, because per
ceived them not only execute authority been made then, which was made since, he
which taketh unlawful the Word of God, but also for that they not the tenth part that good (even those corrupt callings) which law they might and am per suaded that your lordships know your own consciences, that they not the tenth part that they are bound do.
had died for So you, though you intended not come within the compass the Statute,
yet the law reacheth your fact, that did his.
My lords, his Case and mine not alike, for his Book concerned her Highness's person; but the Author this Book toucheth only the Corruptions the Bishops, and there fore not the l’erson her majesty.
Judge Clarke. That true, they not the
good that they might but yet that doth not
excuse you for plain your Book, that
you writ not against them only, but you writ against her majesty's person; for her majesty against the State; for not against the State, being the supreme governor persons and
Judge. But will prove this Book
when you say, That easier live Eng causes these her douinions, hath established
were put exccution. But this
the Author's meaning: That
respect her majesty's Government and Laws, but respect the Bishops, whom your lordships know wholly employed find ing out, and punishing us, not regarding
(in manner) the punishing any sin else. Judge. What, Sirrah, will you not consess
any fault the Book You seek ex cuse ail.
Author never had any malicious intent against her highness, any her subjects.
wards her majesty; and yet this law had
may these much molested for slandering the
take not spoken
My lords,
was never any work
there have been
and therefore there may some fault the manner, but surely none the matter for the Bishops themselves will confess that they may fail their actious, and partial (as they are men) the manner handling any thing. So also the Author this Book being assured that the matter without reproof, may err the manner, being over-zealous the handling
and this fault will easily confess
for yourself this Point large, which no the Book, my lord but am sure the
acknowledge that there
man perfect, but perfections the same:
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STATE TRIALS, 32 Eliz. 1590. —Trial of John Udall, [124s
1237]
this kind of government in the hands of the
“Bishops, which thou and thy fellows so strive against; and they being set in authority for the exercising of this government by her ma
jesty, thou dost not strive against them, but her majesty's person, seeing they cannot alter
the government which the queen hath laid upon the n.
U. My lords, we are not ignorant of this,
that her majesty hath a care that things might well; and that respect hath given
them often charge, (upon the considerations these controversies) see that nothing amiss; and because she had good opinion
Apostle doth not acknowledge any fault that his Speech, for there was lawful High-Priest that time: neither did acknowledge any,
seeing they did end Christ. And thus the best divines expound the place.
Then, after some farther Specches this Exposition, the Judge returned the matter the Book again, saying, That the Book did
concern the State, and said:
Judge. But, Sirrah, thou canst not cx
cuse thysels, though touched not the Queen and the State; for not written
thy Book, that this saying will not serve their
turns, The Queen and Council will have so? them for their gravity and learning, she whereby plain, that thou didst speak against
believeth them when they say well and good case: whereas, they had the grace
the queen and the state. -
My Lord, the Author only meaneth this, That when we are called before the Bishops,
look into these things, and make them known
they be, indeed her majesty and the state, they were often driven use this arguinent
doubt not, would quickly redress them; and (when they had nothing else say for them
therefore was that the author did charge them.
selves), that they could content unany thags
were amended; but must be so, for the
Queen and Council will have And surely
herein methinks they slander her highness;
and we tell them, that however they bear
out here before men, yet before God that ex cuse will not serve their turn.
Judge. Thou canst not carry away so: dost not thou plainly say, That they are not safe, though they have human authority
their side; but that our side mightier
than they? Whereby thou both abasest her
majesty, and also dost threaten them with scale force and violence.
Then the Judge proceeding farther
Book prove him have offended:
speak against railing against magistrates; and speaking Mr. Udall,
he said, effect, thus:
Judge Clarke. Sirrah, you that should have been Teacher her majesty's people, you
should have taught yourself not have railed upon the Rulers the people; for you not know what written the 23rd Exodus, ‘Thou shalt not rail upon the Ruler the People, for whosoever doth shall die the death. ' And you not know what written
the 23d Acts, where the Apostle Paul being before the High-Priest, called him “Painted Wall:” and being smitten one the High-Priest's servants, was said unto him, “revilest thou the Lord's High-Priest? " To which Paul answered, knew no’, brethren, that was the High-l’riest. ” Lo! thus did acknowledge his fault: Do you - know these things, Sirrah
My lord, you know that we hold not lawful for Minister Civil Magistrate, and there are least 500 this land, amongst whom am the most unworthy, that are the same judgment this point.
Judge. But how the Queen doth give them - -
the took
occasion the same
U. They ought not take
lord please you), will answer
under her majesty for Judges, than any way
concern the Bishops: And touching the sceond place out Acts 23, where the Apostle saith,
Brethren wist not that was the High Priest:" the meaning that place
should say, thought there had not been any High-Priest now, seeing Christ being come, the
High Priesthood was cease; that the
not look for neither, that ever should any
force prevail, but that would please God
honour her highness with the advancement the same.
Judge. No, no, these are but excuses; these malicious speeches proceeded from thee, and were the ground-work all these Libels that have been dispersed since, and thou art known the ring-leader this faction.
There reason charge me with other men's doings, every man must answer himself; but for me (alas! ), am no body: there are five hundred Ministers this land my judgment these things, the meanest
which acknowledge far better learned than am. But the way, my lords, pony your lordships give me leave say one thing, which being about speak before, was terrupted; and therefore seeing now conneth into my memory, pray you hear me, though
out time, concerning the felony whereof am accused; maketh greatly for me.
Judge. What - Let hear what you can say.
Proofs, though came not hither
dispute. But my answering, my purpose not give any liberty any man rail upon any that are authority. Now your Proofs; say, my lords, that the place out Exod. 23, doth rather concern your lordships, and such are
And, my your
true, that whosoever doth unjustly not safe though the princes
world should defend him it; and that the
meaning the Author: But say, that force and violence threatened them, farthes:
doubtless from this meaning; for
known good Refor
means, mation
the world, that we desire, by commend this holy cause
her majesty and the state, and
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1289) No. STATE TRIALS,
U. When I was before the lords of her
I said, that the thing was accounted criminal, Verdict that was Guilty Felony.
and therefore by law I was not to answer: My After that baron Clarke had finished all lord Anderson said, that I said true, if the case other matters law, and that the Juries had had concerned either the loss of life or limb ; given their Verdicts the Felons, finding whereby it is manifest, that then my case was some Guilty, and some Not Guilty, the Judge not esteemed felony. - commanded all the Prisoners to stand forth
Eliz. 1590. —for Felony. [1290
Foreman the Jury went himself unto them.
Thus having debated the Evidences the ment, amongst other things that I alledged rest the Felons with Mr. Udall, after the X′ against the taking of an Oath to accuse myself, Judges had dined, the Jury brought their
majesty's Council at the time of my commit
Judge. Though the Judges had not then and answer to their names: who did so. concluded yet was law before, else And first, Mr. Udall was called, who stood
after; o bar; Judge
could not deterinined the violent forth the but the commanded
course others since, hath caused your case him for that time stand aside, saying, That more narrowly sisted. - he would deal with him anon. Then some of
Then the Judge (having spoken the like the Prisoners which were saved their Books, effect also) said the Jury, That they should were burnt their hands; and for that night not need trouble themselves find him there was nothing more done. Then the Guilty the Felony, but only was Judge commanding the jailor bring the Pri
they sound him Guilty the Book: for, quoth fie,
the Judges
soners betimes the morning, commanded already deter. them depart: and for that time every
that Book was
the Author
the Land, that the man departed his place.
mined
Author
statute
cluded before came hither: Therefore you about four the clock, the Prisoners were being ignorant the law, and being sworn, brought the bar, who stayed till the coming
well you are, you are hear us, and the Judges who came thither six the take our exposition the law. And after clock, thereabouts, and called the Prisoners
the compass the
Felony; and this, quoth he, was con The next morning, being the 25th July,
many other speeches, the Judges said, Gothy
way, we will hear thee longer, get thee
their names receive Sentence Death: and first, they began with Mr. Udall; who, af
ter he was called, was commanded stand aside till anon. And then were seven. Felons
that received Sentence Death; who being taken aside, Mr. Udall was called the second tine; and the Clerk the Assizes said, “John
hence; and shaking hand, other Jelous hear their Causes.
called for the
Then the Jury said, What can we find? Judge. Find him Author the Book, and
leave the Felony
And after some other Speeches, Mr. Fuller Udall, hold thy hand, what canst thou al
said the Jury, You are find him Author ledge for thyself, why thou shouldst not receive the Book, and also guilty malicious In Judgment die? ’
tent making
Whereat Mr. Daulton said, What have you
Udall. My Lords, notwithstanding my ear
nest pleading and protesting mine innocency
yesterday, which could and would have done
with the matter, Mr. Fuller, the Jury
speak
that he
cond Judges,
the Author of the Book: and the se
Point Law agreed upon the have said.
Judge. think you can have benefit by for am deceived not excepted.
more clearly, but that was much inter the Bar, rupted; yet bath pleased the Jury, upon
Then there being some noise
Mr. Udall could not any more heard Yet their consciences, find me Guilty that,
was ready depart, said the Jury, which, thank God, never entered into my You the Jury, consider this, that you have heart now therefore must plead another not consult about the Life Seminary and Plea, and therefore crave your lordships Popish Priest, but Minister the Gospel.
Then Judge Clarke shewed the Reasons the
Jury, why they must find him Guilty; saying,
The Evidences are manifest for the first Point,
the Jury, after they had heard the Evi Mr. Udall said, pray your lordships consi dences the other Felons the Bar, deported der the ground my Plea, albeit indeed
to consult about them which time their seems excepted your lordships confessed consultation, there came two several messages, yesterday, and shewed my lord Ander
exhorting him submit himself, and yield
unto the Judges before the Jury had given their Verdict.
son's Speeches me, that was not thought
Felony till late: and therefore the things that excepted, such inquirable and
punishable the Ecclesiastical Courts. Judge. That nothing; for the lesser
excepted, much rather the greater.
My lords, refer your consciences and favourable considerations: the words are
these the Pardon, which repeated and
Unto whom Mr. Udall replied, willing them not trouble him with any such matter; for he was clear his conscience, and therefore
* he was not accuse himself. which time
also the Jury divers times sent and received rucssages from the Judges; and last, the
grant me the benefit the Pardon granted the last parliament.
Then said the Clerk, some other, Reach me the Statute-Book and whilst he looked in the same
In at
a be a he we it
:
of of
.
be it to
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1291] STATE TRIALS, 32 Eliz. 1590–Trial of John Udall, [1292
they finding it to be as he had said, the Judge plainly we have Church, Sacrament, said, Here is no help for you. And after other Ministers, nor any Worship God amongst Speeches between them of the meaning of the these things not looked unto time, what words of the Pardon, the Judge said, Mr. Udall, confusion shall we have this land shortly
spake against the cause cannot particularly lay effect the substance it: this half year, and therefore could not attain to concluding, said, Thus unuch, Mr. Udall,
our counsel hath deceived you. '
Udall. . My lords, I have not received any
counsel herein, for I have been close prisoner
down but this
have any counsel ; but thus much have I ga have your speeches enforced ine speak, lest
thered, which is my Judgment, out of the Book. Judge. What can you alledge more for
yourself? this helpeth you not.
Nothing but mine own innocency, but
that your lordships may proceed.
Judge. What say you? Are you contented matter; only this could wish you, leave
submit yourself the Queen. first decided the learned divines, Yea, else were not worthy live whose calling belongeth. And although some
her highness's dominions. weak men wanting judgment have been headily Judge. But will you acknowledge yourself carried seeking toe furtherance this cause, have offended her majesty making this and for want this government have run
Book? She gracious and full mercy; into some errors: yet reason charge may be, that we, reporting your Submission with them; for your lordships know, that we unto her majesty, inay procure her Pardon for have been the men that have taken the greatest you.
doubted Truth that you hold for hold dom do maintain the same.
undoubted falshood. And then pro Judge. How you know that? Have you ceeded further large set speech, the effect been beyond the seas know the greatest num
whereof was, That this land having been go ber learned men this judgment
verned sundry nations, hath yet kept her
antient laws, which (he affirmed) would over
thrown, this government that these men seek
for, should established and then further learned men this land.
shewed, What inconveniencies (as thought)
would come by the same, viz. That we having
Laws and Judges appointed decide Con
troversies, this presbytery which these men seek
for, would overthrow all, and bring their Judge. Well, you can alledge innre. censure and government all men's causes, neither will submit yourself the queen's else they would excommunicate them from their mercy, then hear your Judgment.
churches: yea, and they are hot for this My lords, was beginning speak, but government, that they will not stay for the you interrupted me pray you hear me what
magistrate; and the magistrate will not,
they will reform themselves: and one them writing letter friend his, saith,
will say, and then God shall move you. Judge. Let hear what you will say.
As Let number our hot brethren, that we may the Cause
know who will stand for high time. that plain, that they cannot have
with her majesty's consent, they will have
though make our hearts ake, you say
and therefore means yield am found
your book. And whereas her majesty bath re Exceptions against you nor the Jury but that
venue belonging her crown out the church which you have done, acknowledge done livings and cathedral churches, these men would equity and right. Seeing, say, you have
have her majesty give unto them those reve found me guilty, whereby cannot live nues, for the maintenance their presbytery, without her majesty's gracious and special fa
and they would allow her stipend their dis vour, acknowledge, that whatsoever have cretions; that they would bring the queen done the advancement the Cause, may and the crown under their girdles. —And some offend the manner; which respect (if
Many other things reformation, which
May please your lordships hear me; The cause for which am called question,
pains reclaim them the joining thern selves with the church, from which they have separated themselves.
Judge Clarke. You are deceived the undoubted Truth God; but, &c. And matter Divinity only, but
cannot forsake any sort, for hold
not matter our profes
then was interrupted Judge Puckering, who said, -
Judge. Nay, stay there, you cannot away with that speech unanswered, buz into the
State, and within the compass sion; and not greatly
you would have believe
controversy,
diversly debated (my lords), and people's ears such conceit, that un greatest number learned men Christen
the people here present (being deceived) should
carried away answered briefly
To which Mr. Udall
My lords, disputation with you
bootless for ine enter this place touching this
Your lordships know, that the churches France, the Low Countries, and Scotland,
maintain the same, besides many hundred
Judge. Have you been these churches, that you can tell much
know true (my lords), for their practice doth shew them this judgment.
said before, say now, believe be the undoubted Truth of God; the matter, cannot by any yet seeing, your order law, guilty, neither can (for the reverence bear her majesty's laws) take any
these inen have gone far, that they say have offended) seeing hath pleased your lord
of
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1293] STATE TRIALS, 32 Eliz. 1590. —for Felony. [1294
ships and the Jury find me guilty, wil lingly submit myself, and heartily crave her ma
jesty's Pardon.
Judge. But are you sorry that you have
offended the queen's majesty -
I am sorry that the course of the law
hath found me to have offended. .
Judge. So is every thies that is condemned
own hand, judgment, mercy cannot prevail.
Judge. No, your meaning was, that
should brought force and violence.
U. God forbid! Far be from con
ceive any such inagination. The Author that Book doth plainly shew, that meant such thing; and the words following, the end the Epistle, declare the same; for there sheweth whom brought
sorry, that his offence is found out, but not for the fact. This is a plain fallacy.
JudgeM. My lord, indeed if it were so as
namely, her majesty and her honourable counsellors, that they may see and establish
youf lordship doth understand
plain fallacy: but say farther,
ner handling good Cause,
found me any offence against her majesty's Queen will not, yet you say, shall come laws, acknowledge, that the manner
handling her majesty may justly offend
ed, for which am sorry. And protest that
have never gone about advance any the Malice that stand against it. ' For
other means, than and tendering
manifesting men, them authority; and
might not contrary the laws this land, that might re
that such means
ceived her majesty and the state
and this charged
were
the man the same.
-*
there Judge.
Nay, the meaning That
the
there are many Heads that are not maliciously bent against there great difference be tween Malice and Heads; for some are against the Cause through ignorance.
Judge. one effect.
Nay, my lords, there great difference.
Judge Puck. Well, Mr. Udall, you were best submit yourself the queen's mercy, fence; whereby you call question the equity and leave these courses; for tell you, that
the words are, ‘That must prevail, maugre the Heads that stand against it. ” U. , Nay, my lords, the words are, Maugre
the care with factions.
all, howsoever we
Judge. You say, there found any Of
dealing this court against you.
My lords, not, neither will
let
your Book most seditious and slanderous
against her majesty and the State; and yet
assure you, that your Book had been passed
looked into you and the rest whom concerneth, hope you would not deal other
wise than lawfully against me. -
Judge Puck. You say, you seek
ful means: What can be meant but unlawful
means the words your Book “If come that means that will make your hearts ake, blame yourselves. ' What good means
can meant these words
My lords, yesterday shewed you what
took the meaning the Author some places the Book alledged against me the indictment; and then would have
spoken unto all, but you cut me off: pray
over, there had not come forth presently
you therefore the Author
hear you how you expound My lords, your lordships must under stand, that the Author taketh for granted,
that the Cause God's, and must prevail and therefore, sceing God hath used the means his mercy bring giving gracious prince, long peace, and abundance and stirring some exhibit supplications
the parliament; these things not prevailing mercy, will bring some judg
ment, plague famine, some such-like unishment: and this always the manner
Sen. ’ and other such-like; which your Book was judged the ring-leader.
My lords, those that are learned, and
maintain this Cause, judge this book written very indifferently, howsoever
hardly construed. But for “Martin,' and the rest those Books that you have named, they were never approved the Godly learned and ain fully persuaded, that those Books were not done any Minister; and think there never minister this land, that doth know who Martin' And for my part, have been inquisitive, but could never learn who he is.
Judge Clarke. You will not acknowledge yourself faulty any thing, and therefore
vain stand any longer with you.
will easily confess, that manner the
Author hath offended for no man can handle
cause well, but there will fault appear appeareth Job, who having good
cause, handled weakly easier handle cause cunningly, than good one well.
Judge. Nay, but you have maliciously
feuded publishing this Book, which tendeth the overthrowing the State, and the
moving Rebellion.
My lords, that far from me; for we
Judae. Let
me shew you the meaning those words now.
God's dealing.
Judge. You cannot expound
so; for the
words import another thing.
My lord, the Author himself expoundeth
unlaw
after such number slanderous Libels, ‘Martin Mar-Prelate,’ Martin's Epitome,’
the words following; where saith,
That must prevail, for such judgment will teach that, reforming things amiss, the prince overtake this land, shall make the ears will not consent, the weapons that subjects are
all that hear thereof tingle:’ So that fight withal, are repentance and prayers raneaneth nothing but this, That God will bring patience and tears,
‘Martin Jun. ’ “Theses Martinianae,’ ‘Mar
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1295] STATE TRIALS, 32 Eliz. 1590–Trial of John Udall, [1296
Judge. Yea, you had done well if you had notwithstanding many more things were said
used these weapons, rather than to have made both sides, especially the set Speeches this book. both the Judges, and Mr. Daulton, the
U. God forbid but that we should give unto disgrace the desired Reformation, which her majesty that honour which justly is due could not well expressed particular, and unto her For we have not taught the people therefore have left them. Also many other to reform the state without the prince, and our things Mr. Udall proposed and begun say, practice hath proved the same; for we never which they stopped, that they could not
taught any of her subjects to go before her, but
to leave that honour as belongeth to her ma jesty. -
perceived.
The Assizes being thus ended, Mr. Udall was returned the Prison of the White-Lion
Judge. Well, will you submit yourself or
not for else I inust proceed to judgment, and Southwark, beginning the 18th Feb. 1590;
I stay
what my brother hath I know not, and there
during Supplication which time wrote
Submission the queen's majesty followeth: Mr. Udall's Supplication her Majesty.
“Most gracious and dread Sovereign, the
have no
authority you,
to favour neither will
sentence of death
according my
to office:
fore shortly submit yourself, or else Iam to pronounce sentence of death.
fo ready
U. And I am to receive for
present and lamentable estate wherein Istand, being found guilty Verdict, Author
before God (not knowing that
live hour) that the cause good, and am contented receive sentence, that may
leave posterity how have suffered for the cause. But, my lords, the Cause excepted, will submit myself anything.
Judge. Let the Cause alone, and tell
more but acknowledge yourself have offended the queen's majesty.
may not any case yield the Cause; have almost ever since was
Preacher the Gospel professed and there
. . . i.
fore cannot Judge. Let
vict, am not
most humbly desire cellent majesty, that whereof call God
this time changed.
say) the Cause alone, say
Death, and Life again
cause return the Comfort
Before whom standing thus con plead my innocency; yet
am
“A Demonstration of Disci
again, where coutinued till the Sessions
Book
pline,' and being, without your gracious Par don, die for the same; humbly prostrate myself your majesty's feet, submitting my self most humble manner as becometh du
tiful subject, such order shall please your highness appoint, whom God hath given high and sovereign power, able both
kill and quicken, bring the Gates
what you will do.
U. must needs profess
- -
may not offend your ex protest (of the truth witness, who knoweth secrets, and will judge both the quick and
and mention have started
kest should thought that
from it; but for any thing that have done the dead) that had never any thought
the manner against law, am heartily sorr for it: more than this cannot say, wit me what you will.
Judge. But are you sorry for offending her
majesty and her laws, and you contented amend, and live obedience becometh
imagination publish, write, any thing maliciously, tending the dishonour slan der your majesty's royal person princely estate, under whose gracious government have attained many benefits and blessings; amongst which most highly esteem the true knowledge and fear God; regard where
have been always ready even adventure my life, for the preservation your most royal person and defence your princely estate, and the same have also taught unto others, thing specially commanded God: notwithstand
-upon your knees, and crave her maj. 's mercy. for life unto your majesty's most gracious Then Mr. Udall kneeling down, said, mercy, most humbly desiring your highness
good subject?
U. am content
seek the advancement other means, than that
this cause
which may stand with the laws the duty good subject.
this land, and
Judge. come not here submit yourself, but you shall
intreat you
willingly ing, fearing the severity justice unto death,
refuse not any kind Submission, jesty and intreat your lordships means her majesty for me; and
her ma your merciful compassion, for relief my poor and miserable estate, grant me your gracious
were and comfortable pardon, whereby may worthy that my poor papers might come unto discharged, both the offence and punishment, her majesty, her honourable council, which the law hath laid upon me. Other hope
would write thus much unto them. than this have none, but the trust have Judge. Nay, will you write thus much unto God, (according his promises) that your ma
us, that we may first see her majesty?
willingly
and commend
jesty special gift God merciful, and have vouchsafed even unto such were not only
gracious and shew mercy imputation
law, but indeed malicious and mortal ene And this the Sum of that which with the mies your highness; and therefore hope help others could remember, having not any that the same goodness princely nature
Thus they dismissed him.
intent leave out enlarge any thing further may moved, and will shew forth itself than the meaning the speakers did intend: like gracious compassion my behalf. Which
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