A NEW DISCOVERY OF Old Pontificall Practises For the maintenance of the PRELATES Authority and HIERARCHY. EVINCED By their Tyrannicall persecution of that Re∣verend, Learned, Pious, and worthy Minister of JESUS CHRIST, Mr. JOHN UDALL, in the Raigne of Queene Elizabeth. To give satisfaction to all those that blindely endeavour to uphold Episcopall Government, that their Lordly Rule in the purest times of the said Queene, is the very same with that they have exercised ever since, even to these times. Together with the Prelates devises to make him submit, and to subscribe to submissions of their own con∣triving and invention. And also King JAMES his Letter out of Scotland to the Queene, in the behalfe of Mr. Vdall and other perse∣secuted Ministers in her Realme.
Prov. 24. 21.
London, Printed for Stephen Bowtell, and are to be sold at his Shop in Popes-head-Alley, 1643.
AN INTRODUCTION By way of ADVERTISEMENT To the READER.
IN these prejudicate opinionated times it is difficult to give satisfaction, that the Bishops illegall and un∣conscionable courses, have alwaies, without any vari∣ation, bin one and the same; but if the impartiall Reader will deigne to peruse this ensuing Relation of Mr. Vdalls harsh usuage by▪ them, he shall finde no mutation, nei∣ther in their Councells nor Actions: They were persecuters from all Antiquity, of such as disclosed the dissonancy, betweene their Authority, and the true rule of the word of God, as all Ancient and Neoterick Histories record, both Domestick and Exoticke: And in this Kingdome, they have not onely vented their fury against good men in the times of Popery as in the Raignes of King Edward the third, Richard the second▪ and Henry the fourth; against Iohn Wicklisse, and such as they termed Lollards, even untill the Raignes of King Edward the fixt, and Queene Elizabeth, but also in her time, when Popery was relegated, and the Protestant Religion began to dispell the misty fog of errour and Ignorance; yet the reliques of Darknesse could not endure the true light of perfect Reformation; which this worthy Per∣son Mr. Vdall, striving to introduce, was by the instigation of the Prelates, hurried from his Ministery at Newcastle, in the depth of Page [unnumbered] Winter and in the bitterest weather that could be, brought to be Examined by the Lords of the Queenes Councell; and because contrary to the Laws of the Land, he would not betray himselfe, he was by them committed to the Gate-house, and there to be kept close Prisoner, and not to be suffered to have pen, inke or paper, or any body to speake with him, his wife being also debar∣red his company, and his Chamber-fellowes being professed Pa∣pists, Seminary Priests and Traytors: from thence he was con∣veyed to the White Lyon in Southwarke, and at the Assises holden in Croydon, 24 •uly, 1590. was brought to the Bar with Fetters on his Leggs, and there Indited for malitiously publishing a scanda∣lous and infamous Libell against the Queene, and no testimonies viv. • voce produced to attest the same, but only depositions of men taken in the High Commission Court, (which by the Laws of the Land was no Court of Record) and Reports upon heare-say urged against him, his witnesses not being permitted to testifie in his behalfe, because it was against the Queene, (which notwith∣standing the Laws allow, both in Felony and in Treason) and the words of the Stature 23 Eliz. cap. 2. wrested by the Judges, viz. Baron Clarke and Serjeant Puckering, that because the Booke of Demonstration of Discipline, whereof he was supposed the Author, and for which he was then Indited, was against the Bishops that exercised the Government appointed them by the Queene, there∣fore by consequent it was against her Royall Person; and because that he strove against the Prelates, who were put in Authority by the Queene, therefore he did strive against her, which was contra∣ry to the Maxime of Law, That no penall or criminall Statute which concerneth a mans life, ought to •e extended beyond the power of naturall words of the same (such an awing power have the Bishops alwaies carried over the Laws, Judges and Lawyers, as to over-rule them all, and to make them sing •lacebo) and then the said Judges di∣rected the Jury to finde him the Author of that Booke, without legall proofe, and to leave the Felony to them, which they said, was resolved by all the Judges of the Land, and the Jury for feare complying with them, found him guilty of Felony, being drawn thereunto by a promise, that it should be no further danger unto him but tend to his good; for which afterwards, they were ex∣ceedingly grieved and troubled. Then they kept him in durance for halfe a yeare uncondemned and at the Assises in February af∣ter, holden in Southwarke, used all the meanes and perswasions Page [unnumbered] they could exc•gitate, to make him submit and relinquish his Te∣nets against the Bishops, which he refusing to yeeld unto, had the sentence of death pronounced against him by Puckering, but they not daring to execute him, because his Adertions were the con∣stant Doctrine of all the Reformed Churches in Christendom, he was Reprived by the Queenes speciall Command, then the Court Chaplaines repaired unto him, and tendered ready written sub∣missions unto him, which he rejected; and being perswaded by a friend of his to solicite Sir Walter •awleigh to obtaine his pardon and freedom, he wrote unto him, and sent him also a Confes∣sion of the severall points which he maintained; in the interim came unto him Dr. Nowe•• Deane of Pauls, a man in those daies famous for his Learning and pretended piety, who brought ano∣ther submission unto him, whereunto he at the first refused to subscribe; but after some advice and consideration he assented and attested it; but afterwards perceiving that this was a trick of Legerdemaine used by the Deane, (who had ingaged the word and faith of a Christian▪ to obtaine his Remission and Liberty) which would be a meanes to hasten his end, he wrote to the Deane mo∣destly▪ reprehending him for that prestigious device, desi•ing him to leave no stone unturned, that might further his Liberty, or at least to cleare his own conscience from being any way Accessary to his death. While these affaires were in agitation, JAMES King of Scotland wrote a Letter to the Queene, wherein he reque∣sted, that Mr. Vdall, Mr. Car•wright and other Ministers of the Gospell in her Realme for their dissent from the Bishops and others of her Clergy, touching matters of Conscience, might not be hardly dealt with, but that at his intercession they might be released from their Restraints, and not further prosecuted for their professions of the Gospell and their Consciences, &c. Hereupon Mr. Vdall, who was conveyed to the Assises at Kingston, and as was supposed, should have bin executed there, was imme∣diately returned from thence by the Judges unto the White Lyon, in the Evening before the first day thereof: And afterwards geting a Copy of his Inditement▪ by the Lord Treasurers procurement, he framed a pardon upon the same and sent it to the Privy Coun∣cell▪ who r•ferred him to the Arch-Bishop; but his anger was still immortall, neither would he relent, or condiscend to his freedom, notwithstanding all his Petitions nor all the entreaties of Honou∣rable persons, and others of good quality that mediated for him.
Page [unnumbered]At last the Turky Marchants sued to the Arch-Bishop, that hee might goe into Guinea to teach their Traffiquers in that place, who assented thereunto upon condition, that they would be bound he should goe as soone as he had his liberty, but when 2 of the ancients of that Company desired to have the Arch-Bishops hand thereunto, he refused to subscribe, unlesse they would be bound not only for his present departure but that he should re∣maine there untill he had the Queenes Licence to returne againe into England &c.
These premises being duly perpended, let any indifferent man give a solid reason, why such Episcopall Government should be restored; for how they deported themselves in those pure times of Queene Elizabeth, (as it is now termed) by this Relation is made apparent; and in the time of King James there was no alteration, for it is well knowne that they persecuted Mr. Dighton and other good men for meere Ceremonies, and silenced also many worthy Ministers in his Raigne; yet it is observable that they seduced that Learned King, after he once came amongst them; and that is evident by the difference betweene his Letter in this Relation, and his conclusive sentence to maintaine the Prelates Authority, at the Conference at Hampton Court, in the first yeare of his Raigne. Likewise in this King Charles his time▪ they have stopped the mouths of sedulous and faithfull Preachers; they have abolished Lectures, mutilated, stigmatized, whipped and tortured sundry of the Clergy and Laity, as Mr. Burton Dr. Bastwicke, Mr. Prynne, Dr. Leighton and others, for disclosing their Tyranny and abuses: and yet some sillie men are so farre enamoured of them that they had rather a destructive Episcopacy should roughly sway in this Kingdome, then that a preservative Parliament should free both Clergy and Laity from such Scorpions stings.
And since experience in all ages evinceth, that wheresoever Episcopacy is, there will be Tyranny therefore all the truely Re∣formed Churches in Europe have abolished the cause, that there∣by the effect might also be utterly extinguished.
To conclude, this pious and worthy person Mr Iohn Vdall, (as this ensuing Relation testifieth) stood firme and constant for the Reforma•ion even to death, and would not be deterred from it, though strictly imprisoned, fettered, condemned, and bereft of all worldly comforts, which should prove a Mirrour to all of that Tribe, but especially to his own Posterity, to instruct them not Page [unnumbered] to deflect from so singular a patterne, and deviate into oblique and erroneous courses lest those objurgations of the Prophet be justly applied to them, as namely Hosea 7. 11. Ephraim is also like a Dove deceived, without heart: they call to Egypt; they goe to Ashur, &c. The same is reiterated, Hosea 12. 1. Ephraim is fed with the winde, and followeth after the East winde, he increaseth daily lies and destruction, and they do make a Covenant with Ashur, and oyle is carried into Egypt.
And these places of Scripture may one day heavily reflect upon Mr. Ephraim Vdall his Sonne unworthy of such a Father, who hath forgotten to follow his Fathers steps, but runeth a retrograde course from them, in erecting a new Raile at his own charge about the Communion Table in his Church, since the former was removed by the Order of Parliament; and delivering the Ele∣ments to none but those that come up to his Rayle; and denied to subscribe for moneys for the defence of the King and Parlia∣ment; refusing to read the Orders that come from the Parlia∣ment or Lord Major of London, but none was so forward as lie in permiting the Booke of sports on the Lords day and the Prayer against the Scots to be read in his Church, and as it seemeth, he loveth the Parliament so litle that hee never prayeth for good successe to their Army, but on the contrary he prayeth, That the hand of vengeance may strike such as take up Armes against the King: And no one can judge, but that the intent of such expressions are onely the calling for vengeance on the heads of those, who endea∣vor to defend Religion, Laws and Liberties, against those Trayte∣rous and wicked Counsellours which have too much entercourse with his Majesty. And by report, his House is a receptacle for disaffected Ministers that frequently resort thither, and as it may be conjectured by the persons, little good is hatched amongst them; and he is growne into such estimation with Birds of that feather, that Doctors, Proctors and such Malecontents against the Parliament are his constant Auditors.
The Apostles Councell is good and salubrious, Study to be quiet and do your own businesse, 1 Thess 4. 11. which if all perverse Spi∣rits would have practised▪ these miserable distracters would never have ingulphed us in this unnaturall War.
The Particular EXAMINATIONS, Arraignement and Condemnation, of IOHN VDALL, Minister of the word of GOD, together with such things as passed betweene him and others by occasion thereof.
SEeing you desire to understand the particular things that have passed betwixt mee and them in authority, that have from time to time molested mee; I am willing to satisfie you at this time, in that which concerneth this my last and greatest trouble, that ever befell me; for that it brought me to Prison, referring you to get the former of▪ &c. by such meanes as you may, and to learne the particulars of my Arraignement of those that heard it, seeing it was at the publike Assises, in the presence of many hundreds, divers whereof I thinke were both able and willing to t•ke note thereof.
After that I was silenced at Kingston (in manner as appeareth in the papers that contain a particular remembrance of the same) I rested about hal a yeer preparing my selfe to a private life for that I saw so little hope of returne in∣to my ministery, or any rest in it, to the good of the Church. But God would not have it so: For meanes were made by some, that feared God in Newcastle upon Tyne to the Earle of Huntington to send me thither who did so and I was received thither in such sort as contented mee, and joyned in the ministery of the word there with two godly men, Mr. Houldesworth the Past∣or, and Mr. Bamford a teacher, through whose joynt l•bours God vouchsa∣fed so to draw the people to the love of the word, (no•withstanding that the Plague was grievous in the Towne all the while I was there, and consumed above 2000 of the Inhabitan•s) as we had hope in time to see much fruit and receive great comfort of our labours. But the enemy so envyed the same that after a Yeares abode there, I was fetched thence by letters from the Lord Hunsdon Lord Chamberlaine in the name of the whole councell. Whereup∣on I came thence, December•9 1589. in the forest weather that could bee, yet through Gods mercy I and Christopher Applebie (whom the Major appoin∣ted to conduct me) came safe to London, Ianuary 9▪ and upon the 13. being Tu∣esdayPage 2 I appeared at my Lo. Cobhams house in the Blackfryers, before my L. Cob∣ham, my Lo. Buckhurst, my L. Anderson, the Bish. of Rochester, Mr. Fort•scue, Mr. Egerton, the Queens solicitor, Doctor Aubery▪ Doct. Lewen. Then was I called in before them, whereupon my Lord Anderson said unto me.
How long have you bin a•Newcastle?
About a yeere if it please your Lordship.
Why went you from Kingston upon Thames?
Because I was silenced there, and was called to Newcastle.
What calling had you thither?
The people made meanes to my Lord of Huntingdon, who sent mee thither.
Had you the allowance of the Bishop of that Diocesse?
There was none at that time.
Then you should have gone to the Archbishop.
There was no Archbishop at Yorke neither.
You are called hither to answer concerning certaine books which are thoug•t to be of your making.
If it be for any of Martins bookes (according as my Lord Chamber∣laines letters that fetched me import) I have already answered, and am ready so to doe againe.
Where have you answered, and in what manner?
At Lambeth a yeere and a halfe agoe, I cleared my selfe not to bee the author, nor to know who he was.
Is this true Mr. Beadle?
I have heard that their was such a thing, but I was not there at it, if it please your Lordship.
There was such a thing, as my Lords Grace told us.
I am the hardlier dealt withall to bee fetched up so farre at this time of the yeere. I have had a journey I would not wish unto my enemy.
You may thanke your owne dealing in matters that you should not have med∣led withall.
It is more then I heard that ever you were called to answer, but you are to answer concerning other bookes.
I hope your Lordships will not urge mee to any others, seeing I was sent for about those.
You must answer to others also: what say you to those Bookes, A Demon∣stration or a Dialogue. &c. did you not make them?
I cannot answer thereunto.
Why would you cleere your selfe of Martin, and not of these, but that you are guilty herein?
Not so my Lord, I have reason to answer in the one, but not in the other.
I pray you let us heare what reason, for I cannot conceive of it, seeing they are all written concerning one matter.
This is the matter my Lo, I hold the matter propos'd in them al to be one Page 3 but I would not be thought to handle it in that manner, which the former Bookes doe, and because I thinke otherwise of the latter, I care not though they should be fathered upon mee.
But I pray you tell me know you not Penry?
Yes my Lord that I doe.
And doe you not know him to be Martin.
No surely, neither doe I thinke him to be Martin.
What is your Reason?
This my Lord, when first it came out he (understanding that some gave out that he was thought to bee the author, wrote a letter to a friend in London, wherein he did deny it, with such tearmes as declare him to bee ig∣norant and cleere in it.
Where is that letter?
Indeed I cannot now shew you, for I have forgotten unto whom it was written.
You will not tell where it is.
Why my Lord it tendeth to the clearing of one and the accusing of none.
Can you tell where Penry is?
No surely my Lord.
When did you see him?
About a quarter of a yeere ago.
Where •id you see him?
He called at my doore and saluted mee.
Nay he remained belike with you?
No indeed he neither came in my house, neither did hee so much as drinke with mee.
How came you acquainted with him.
I thinke at Cambridge, but I have beene often in his Company
At divers places, and namely in mine owne house whilest I dwelt at Kingston.
What cause had you to be so often in his company?
He being a Scholler & Student in Divinity, and one whom I alwaies thought to be an honest man your Lordship may easily conceive he cause. Here was much to this same effect spoken about Mr. Penry and my being at Mrs. Cranes house at Moulsley and with her, &c. which I alwaies answered, as in the like case concerning M. Horton of Richmond before the Archbishop.
Then Doctor Lewen reading my answers to those questions, that had beene by the Archbishop propounded unto me concerning my papers in my study, and namely the notes of my severall conferences, with the Bishops and their Officer▪ I was asked as I remember by Mr. Fortescue.
Why did you pen such things and keepe them.
Because he and such like might apisbly imitate the Mart•rs of former times, and accompt themselves persecuted by us as those were by the Popish Bishops.
The cause is this, for that in the quicknesse of wit and readinesse of memory in youth those things may be spoken, that in age will be more easily made use of in writing then otherwise, the memory of man not being infinite.
What say you did you make these bookes, or know you who made them?
I cannot answer to that question, my Lord.
You had as good say you were the author.
That will not follow; but if you thinke so, I cannot do withall.
Mr. Vdall if you be not the author say so, and if you be confesse it, you may find favour.
My Lord I thinke the author for any thing I know did well and I know that he is enquired after to be punished & therefore I think it my duty to hinder the finding of him out, which I cannot do better then thuss
And why so I pray you?
Because if every one that is suspected do deny it, the author at the length must needs be found out.
Why dare you not confesse it if you be the author of it? dare you not stand to your owne doings?
I professed before that I lik'd of the bookes and the matter handled in them, but whether I made them or no I will not answer, neither of any other book of that argument, whatsoever goeth without name if you should aske me for the reason alleadged before, besides that if I were the author I thinke that by Law I need not answer.
That is true if it concerned the losse of your life.
I pray your Lordship, doth not the Law say generally No man shall be put to answer without pres•ntment before Iustices or things of record, or by due processe or writ originall, &c. A•no 42. Edw. 3. cap▪ 5.
That is Law and it is ont Law.
I understand you not my Lord, It is a Statute which is in force if it be not repealed.
I tell you by law you ought to answer in this case▪
Good my Lord shew me this favour to tell me in what booke of the Law I shall find it, for I professe to understand, the Latine, French, and En∣glish tongues, wherein all the lawes be written.
You are very cunning in the law, I pray you by what law did you preach at New•astle being f•rbidden at Kingston.
I Know no law against it, seeing it was the official Doctor Hone, who did silence me, whose authority reacheth, not out of his Arch-deaconry.
What was the cause for which you were silenced?
Surely I cannot tell nor yet imagine saving the secret suggestions of Mr▪ Harvie
To bee ignorant of that, is crassa et supina ignorantia.
No Sir the action was crassa et supina injurta.
Well what say ••u to those books, who made them and where were they printed.
Though I could tell your Lordship, yet dare I not for the reasons be∣fore alleadged.
I pray you let me aske you a question or two concerning your booke.
It is not yet proved to bee mine, but I will answer to any thing con∣cerning the matter of the Booke so farre as I know.
You call it a Demonstration, I pray you what is a Demonstration? I beleeve you know not what it is.
If you had asked me that question when I was a boy in Cambridge of a yeers standing it had been• a note of ignorance in mee, to have beene unable to answer you.
Surely it seemeth by the frame of the Syllogismes and reasons, in it, that you know it not if you be the author of that booke, I read none of it late, but in the Parliament time sitting in a morning in the house I read some of it, and it seemed to mee in many things, not to conclude probably much lesse demonstratively.
I will shew you as I take it why the author called it a Demonstration, because the reason which is usually brought to prove the conclusions is com∣monly drawne from a place of Scripture, which hath more force in it to manifest the conclusion 〈 in non-Latin alphabet 〉 then any of Aristotles proofes drawne as they say, ex primis, veris, necessarijs et immediatis causis.
Indeed that which is proved by the Scrip•ures is proved most Demonstra∣tively, but the proofes in that Booke are far from any such.
Let that be the question and try it in some one.
My Lord of Rochester, I pray you let us make short worke with him, offer him a Booke; will you sweare to answer to such things as shall be demanded of you in the behalfe of our Soveraigne Lady the Queene?
I will take an oath of Allegiance to her Majesty, wherein I will acknowledge her Supremacy according to Statute, and promise my obedi∣ence as becometh a Subject, but to sweare to accuse my selfe or others, I thinke you have no Law for it.
Mr. Soliciter, I pray you tell him the Law in this point.
Then Mr. Solliciter (who had sitten all the while very soberly, noteing what passed (and if a mans mind may be knowne by his countenance seem∣ed to mislike the course holden against me, upon my Lord Andersons com∣mandement) stood up, and puting off his hat unto me said:
Mr. Vdall, I am sorry that you will not answer nor take an oath, which by Law you ought to doe: I can assure you, your Answers are like the Seminary Priests Answers, for hey say, there is no Law to compell them to take an oath to accuse themselves.
Sir, If it be a liberty by Law, there is no reason why they should not challenge it, for (though they be very bad ones) they are Subjects▪ and untill they be condemned by Law, may require all the benefits of Subjects, neither is that any reason, that their Answering so, should make the claime of lesse value for me, seeing that herein we are Subjects alike, though other∣wise of a most contrary disposition.
My Lord, it is no standing with him thus, what sayest thou, wilt thou take the oath?
My Lord, I have said as much thereunto as I can.
Page 6Then they commanded me to goe forth, and they consulted a little space and called me againe, at which time almost every one of them, used many words to perswade me to a confesse a truth, saying the Queene was merci∣full, and that otherwise it would goe hardly with me: to whom I said, My Lords, I know not that I have offended her Majesty, when it is proved that I have I hope her mercy will not then be too late, howsoever it bee I dare not take this oath.
You have heretofore taken it, and why will you not take it now?
Indeed you call to remembrance a good reason to refuse it, I was called to Answer to certaine Articles upon mine oath heretofore, which I voluntarily did, and freely confessed that against my selfe, concerning my iudgement and preaching of the points of Discipline, which could never have bin proved; and when my friends labored to have me restored to my place; the Arch-Bishop answered, that there was sufficient matter against me, by mine own confession, why I should not be restored; whereupon I Covenanted with mine own heart, never to be mine own tormentor in that sort againe.
Whatsoever be the issue of it, you must do your duty and deale plainely with the Magistrate.
I take my duty to be in this case, not to answer, nor the Magistrats to require it of me, seeing the Apostle saith, Receive not an accusation against an Elder▪ under two or three witnesses, which Semanca the Spanish Inquisitor al∣leadgeth to the same purpose.
What, you are an Elder are you?
My Lord, howsoever the word Elder be taken, whether so largely as I and any Brethren that desire the Discipline do take it, or only for a Mini∣ster of the word, as our adversaries understand it, I am an Elder.
It is true my Lord, that an Elder in that place containeth all such as he is, but none else.
Yea but they would have other Elders to governe the Church, which desire of theirs, when it com•th to passe, I will give over my Barony, and become an Elder.
If your Lorship understood what great paines and small worldly recompence belongeth to that office, you would never say so.
The day is past, and we must make an end, will you take the Oath?
I dare not take it.
Then you must goe to prison, and it will goe hard with you▪ for you must remaine there untill you be glad to take it.
Gods will be done, I had rather goe to prison with a good consci∣ence▪ then to be at liberty with an ill one.
Your sentence f•r this time is to goe to the Gate-house close Prisoner, and you are beholding to my Lords here, that they have heard you so long.
I acknowledge it, and do humbly thanke their Honours for it.
And when they were all gon, my Lord Cobham stayed me to speake to me, Page 7 who told me that it might be, he and others wished things to be amended as▪ well as I, but the time served not, and therefore he wished me not to stand in it, and I praying his Lordships good favour, he promised to do for me what he could, for which I humbly thanked him, and so was carried to the Gate∣house by a Messenger, who delivered me with a Warrant to be kept close prisoner, and not be suffered to have pen inke or paper▪ or any body to speak with me. Thus I remained there halfe a yeare, in all which time my wife could not get leave to come unto me, saying only that in the heareing of the Keeper she might speake to me, and I to her, of such things as he should thinke meet, notwithstanding that she made suit to the Commissioners, yea unto the body of the Councell, for some more liberty: all which time my Chamber fellowes were Seminary Priests, Traytors and professed Papists. At the end of halfe a yeare, I was removed to the VVhite-Lyon in Southwarke, and so carried to the Assises at Croydon, where what was done, I will not mention, seeing there were present such as were both able, and I th•nk wil∣ling to set down, unto whose report I refer those that would know the same.
A collection of such things as were truely gathered con∣cerning the Arraignement of Mr. John Udall, at the Assises at Croydon the 24. and 25. of Iuly, 1590. noted faithfully by such as were beholders of the same.
MAster Iohn Vdall, Minister of the word of God at Newcastle in the North, being suspected to be the Author of a Booke, called a Demonstration of Discipline, was sent for to come to London, who at his comming was committed close prisoner at the Gate-house at Westminster, from whence (after he had b•n kept close there the space of six moneths and above) he was in like man∣ner committed to the prison of the White Lyon in Southwarck, and from thence the 22. of Iuly, was carried to the Assises held at Croydon in the County of Surrey, where were appointed for that Assises to be Judges, Baron Clarke and Serjeant Puckering, who according to the custome, gave the charge of the Assises: wherein Baron Clarke shewed the intent of their comming thither, which he referred to 3 heads, viz. The safety of the Church, the good of the Common wealth, and the preservation and honour of her most Excellent Majesty: And then speaking of these in particular, he shewed the great use and necessity of Laws, and giving our Laws their due commendation, hee preferred them before all other Laws of any other Nation in the world, and further declared how neere they were for outward government, to the Laws of God▪ wherein he noted some particulars of them; shewing that as the Laws of God did condemne Blasphemers▪ Idolaters, prophaners of the Sa∣bath rebellious and disobedient against Superiours. Murtherers Adulterers, Thieves, raylers, and false witnesses: for most of these or all of them, hee Page 8 shewed particular Statutes of our land that condemned them, and shewed the punishments of them. Then he shewed, that as the law of God would not have any to be condemned, but their cause must first be heard, and that not in corners, but in the gates and publique places, that all might heare and see with what equity they were dealt withall: so also our laws condemned none but in publique places, and those that were accused had free liberty to say what they could for themselves; and as the law of God condemned none, but in publique places, and when there were witnesses to prove the guiltinesse of the offenders; so also our law condemneth none but plaine evi∣dences and true witnesses must be produced against them. Many other things he spake of, which is too long to rehearse, but this is the sum of it: After the charge given, the prisoners were brought forth, amongst whom Mr. Vdal• came, having fetters on his leggs, which moved many greatly to lament to see a Minister of the Gospell, brought the foremost as principall of so many Malefactors: then were the prisoners called by name▪ and answered severally to their names, who were no further dealt withall for that time, by reason of many other things that the Judges were busied withall: the next day in the morning, the Iudges being set, and the prisoners standing at the Bar, one Iohn Pepper a felon and a robber by the high way, was called forth to answer to his Inditement, and according to the order he held up his hand at the Bar and pleaded for himselfe, that he was not guilty; and being deman∣ded by whom he would be tried, he referred himselfe to be tried by God and and the Country: After whom there were five or six others called, and were tried as the first was. Then was Mr. Vdall called and commanded to hold up his hand at the Bar, who held up his hand accordingly. Then was his Inditement read, being thus: Iohn Vdall, late of London Clerke, thou art indited &c. The forme of which Inditement was as against murtherers, namely, that he not having the feare of God before his eyes but being stirred up by the instigation and motion of the Devill, did maliciously publish a slanderous and infamous libell against the Queenes Majesty, her Crown and Dignity: and being asked wheteher he were guilty or not guilty? he answered thus:
My Lords▪ may it please you to heare me a word or two.
Cla. Answer first to the Iuditement and then you shall be heard.
My Lords I beseech you heare me first a word or twaine.
My case is rare, and such as hath not bin heard of heretofore, and consisteth upon divers points of law, I humbly crave of your Lordships to grant me to Answere by Councell if it may be.
You cannot have it, and therefore answer to your Inditement.
Then I answer (my Lrods) that I am not guilty.
How wil• thou he tried?
I do desire to be tried by an Inquest of learned men, but seeing I shall not I am contented to be tried by the ordinary course as these men before me are, that is (as you use to say) By God and the Country.
Page 9Then the Clerke of the Assises said to the parties A raigned (after he had read the names of the Iury before them) These men whose names you have heard, are to goe upon your lives and your deaths, loooke upon them when they are called to be sworne▪ and if you know any cause, take exception against them. Then the rest of the Felons haveing nothing to say, Mr. Vdall said My Lords, I am ignorant of the law in this point, I pray you therefore shew me the manner of challenging the Jury, how many I may challenge, and whether I may render a reason of the same.
I think you will know a cause in your conscience; before you challenge any of them.
Then I pray you my L. how many am I by law permitted to challenge?
Nay I am not to t•ll you that, I sit to judge, and not to give you counsell.
Then Mr. Vdal keeping silence, Proclamation was made according to the manner that if any man could give in evidence against Iohn Vdall, pris∣oner at the Bar▪ that they should come into the Court and be heard. Then Mr. Daulton stood up. And in the meane while Mr. Vdall said to the Iudges thus: My Lords▪ I beseech you answer me to one question before Mr. Daul∣ton begin to speake:
Is it permitted me by law to answer to those things in particular which are brought to prove this Indictment?
It is permitted.
Then I humbly crave of your Lordships to grant me two Petitions, which I thinke will greatly further both him in speaking, me in answering and also be a more ready helpe to the memory of the Jury, that they may be able to beare the matter away.
What are your Petitions?
The first is, that when Mr. Daulton hath spoken to one point what he can▪ I may answer to that before he proceed any further lest my memory be∣ing overwhelmed with multitude of matter, I should forget to answere to some points of importance and the Jury made the l•sse able to discerne of the particulars. The second is, that it might please you to grant me to answer without interruption.
You shall have them b•th granted.
Then Mr. Daulton said, Mr. Udall you have these Petitions grandte you, I desire the same of you. And then he desiring leave of the Judges, be∣fore he should prove the Indictment, to say something touching this, that this man and such as he is do maintaine, &c. After leave given him▪ hee used a very long speech to the great disgrace and slander of the cause, and those men that professed the same especially of Mr. Udall, and making men∣tion in the same his Speech▪ of five severall Bookes of Common Prayer, made by such as desire Reformation, he affirmed, that in one of the said Bookes there was horrible Blasphemy in these words of the consecration of the Lords Supper, Take eate this is my Body, drink this is my blood. Then he cryed out saving, Oh horrible •lasphemy, and taking occasion upon the variety of these Bookes, he affirmed that there was no constancy in these men; And Page 10 whereas one of the Bookes doth allow, that over every Congregation there should be a faithfull Pastor, that is quoth hee, a Shepheard, whereby they may take the Government out of her Majesties hand, and so bring her Ma∣jesty to be one of their Sheepe; no quoth hee, her Majesty is no Sheepe under any Shepheard in the wo•ld▪ except Christ: and for the government that these men do seeke for, I am assured there is none such to be found in the word of God.
Mr. Daulton hath used a very large speech, which doth nothing concerne to prove the Indictment or me in particular, and therefore seeing I am not called hither to dispute (and if I would I should not be permitted) I will not answer it, onely thus much will I say, (if it please your Lord∣ships) that seeing Mr. Daulton is by profession a Lawyer, and the cause is yet in question amongst the learned Divines▪ methinks it had bin more modesty for Mr. Daulton to have suspend•d ••s judgement un ill the Controversie had bin determined amongst them▪ to whose profession it belongeth▪ especially seeing Mr. Daulton knoweth in his conscience, that he hath heretofore carried some shew of ••keing to the cause which now he speaketh against.
Sirra, Sirra, answer to the matter that Mr. Daulton h•th against you, Mr. Daulton proceed to the proofe of the points of the Indictment.
My masters, you of the Jury, &c. I will prove, first that he had a malicious intent in making of this Booke: secondly, that he is the Author of it: and thirdly, that these matters contained in the Indictment are Felony by the Statute Eliz. 23. cap. 2.
Then was Mr. Beadle the Register called▪ who was sworne that these Ex∣aminations following▪ were as the parties themselves confessed the same: And to prove the first, the Clarke of the Assises caused Stephen Chatfield to be called into the Court, to give in evidence against Iohn Vdall, but he appeared not at all, for which the Judges were offended and Sergeant Puckering said, there was a Warrant sen• for him, whereupon some standing by affirmed▪ that the Warrant came after his departure from home. Then Mr. Daulton said, that he went out of the way of purpose, and Iudge Clarke said, Mr. Vdall you are glad of that. Mr. Vdall answered:
My Lords, I wish heartily he had bin here for as I am sure he never could say any thing against me to prove this point, so I have heard and am able to prove it to be true that he is very sorry that ever he made any com∣plaint against me▪ confessing he did it in his anger, when Martin came first out; and by their suggestions, whom he hath proved since by experience to be very bad men.
It is no great matter whether he be here or no▪ for we have his Ar∣ticles, against you, and your own confession to prove this point sufficiently.
Then were Mr. Chatfields Articles (that he brought to the Arch-Bishop against Mr. Vdall) read by the Clarke▪ containing a report of certaine writ∣ten papers, tending as he supposed, to the making of such a Booke as this is, and thereupon asked Mr. Vdall whose writing they were, who answered, they are a friends of mine, whereunto Chatfield replied, wishing him to take Page 11 heed of them, and to rid his hands of them, and to returne them to his friend from whom he had them, for he doubted they concerned the State. These papers he saw in Mr. Vdall▪ Study at Kingston. Also he further saith, that at an other time, he having conferred with Mr. Udall in a certaine field by Kingston, called little▪ field, about his putting to silence, he saith, that the said Mr. Vdall uttered these words, That if they put him to silence, he would give the Bishops such a blow as they never had.
May it please your Lordships that I may answer to these things in particular.
Say on let us heare your Answer.
I was accused this time two yeares upon the words of Chatfield, that these papers that he did see in my studie, should be the matter of Martyn Mar∣prelate, and because I cleared my selfe of that, it is now brought to prove an other matter, but it proveth nothing unlesse it were set downe in particular what they were.
It proveth this, that you had a purpose to write this Booke, and those things were collections from your friends and preparations thereunto.
Let the Iury consider how that point is proved by it. Besides it may be proved, that this Boke was extant in mens hands before the conference betweene Chatfield and me, therefore how can it be proved that this is the Booke that should give them such a blow.
But you cannot deny the second point, that you had a pretenced malice, for it is extant in your own confession; Read his answer to those Articles of Mr. Chat∣field. Then the Clarke read his answer to this effect, tha• if the Bishops put him to silence, they would give him occasion and leasure to be imployed in writing against them. Then said Mr. Daulton, is not this most evident, what can be plainer then it is?
I pray your Lordships to give me leave to explaine these things.
Say on and be briefe.
Mr. Chatfield told me that he was commanded to come to King∣st•n and be resident there; of purpose that I might be put to silence, and that there might not appeare any want of a preacher▪ I being put downe. Where∣upon I said in effect, as is above rehearsed: but I pray you heare in what sence these words were uttered.
The matter is cleare, and we see what you can say to it well enough, proceed Mr. Daulton to the proofe of the second point.
And that you be the Author of this slanderous and infamous li∣bell, it shall be proved cleerely to the Iury before your face; then said he to the Clerke read the answer of Ni•holas Thompkins, which was made upon his oath before her Majesties High Commissioners Then was read to this effect that Thompkins knew that Mr. Udall was the Author of that Booke called the Demonstration, for he said, that Mr. Udall himselfe told him so. Also that he saw either in mr. Udalls house, or in some other place in Kingst•ne a Catalogue of all the Bookes that Mr. Udall had made, amongst which the Demonstration was one.
You see here that this is cleare and a sufficient testimony.
It carryeth some shew, but it is nothing.
Doe you c•ll the testimony of one being an honest man, and upon his Oath, be∣fore the High Commissioners to be nothing, can you answer it?
My Lords▪ I answer it thus, denying it to be his testimony, for if it be, why is he not present to verifie it face to f•ce, according to the Law?
It is verified to be his true Answer under the hon•s of Dr. Auberie and Dr. Lewen, the latter wher•of c•nfirmed it before me upon his corporall Oath.
You can take no exceptions against that, and will you say he is not an honest man?
I am perswaded he was amazed, and answered he knew not what, for hee hath reported it so diversely, that it seeme•h •ee remembreth not what hee said.
But the Oath of Thompkins is to be preferred before his bare rep••t.
My Lords I answer, I protest unto you (and will verifie it upon my Oath▪ if it please you) that he told me the day before I was committed, at his Masters house, that he could not say, neither would he for a tho•sand pounds affirme any more then this t•a• he heard me say, I would not doubt but set my name to that Booke if I might have indifferent Iudges. And fur∣ther (if it please you my Lords) here are some witnesses that upon their Oaths will testifie, how diversly he hath reported of his confession to this thing, if it please your Lordships to accept them. And the witnesses offer∣ing themselves to be heard, were answered; that because their witnesse was against the Queenes Majesty, they could not be heard. And after other Speeches passing, Mr. Udall said:
My Lords, the speech of the Catalogue is most vaine, and hath no sence in it, for can I have made so many Bookes, as that I need make a Ca∣talogue of t•em? It may be my Lords, he saw a Catalogue of the Bookes in my Study, wherin if that were one, it is •ather an argume•t that I made it not, for men use not to put their own works in the Catalogue of those that they have in their Study.
You of the Iury consider this, that Thompkins was Mrs. Cranes man, and one that was privy to all the Printing that was at her House, and M•, Udall used to go often thither.
All that is nothing to me, what if I used to goe thither, she is of my acquaintance I know her to be an honest Gentle woman, what can you ga∣ther by any of these things? why is not Thompkins here to d•clare his testi∣mony, and to say what he can?
He is beyond the Seas about merchandises, sent away by Mr. Gore who married Mrs. Cranes daughter.
How doth that appeare he is no merchant but a serving-man, and if he were what is that to me, but it cannot be proved that Mr. Gore did send him so that here is nothing but bare papers to shew for evidence against me.
Then there was much said to prove that the testimony of a man absent was sufficient if it were proved to be his upon the oathes of others. And then the judge said.
VVhat say you? did you make the booke (Vdall) yea or no, what say you to it, w•ll you be sworne? will you take your oath that you made it not? wee will offer you that favour, whi•h never any indited of felony had before, take your oath and sweare you did it not and it shall suffice.
My Lords I pray you heare me to this, if I would have done so before the Lords of Her Majesties Privie Counsell that committed mee, I had not come hither, but I neither then might nor may do so now; whereof I pray you let me shew a reason to the Iury. I and many more doe think the booke to be good▪ for any thing wee can find in it, and to be written in defence of a cause which we take to be most true. Now the Author is sought for that he may be punished for some speeches that may be wrested in the booke▪ there∣fore least he should be found (if one after another that are suspected doe deny it) it is thought best every one neither to confesse nor to deny, yea though we suffer some punishment rather then the author being found out should suffer extremity.
Nay this is but a shift, I will goe further with you, will you but say upon your honestie that you made it not? and you shall see what shall be said unto you?
My Lords it is all one I make a conscience of my word as of my oath, for I must give accompt for both. This is no direct course in this place.
You of the Iury consider this▪ This argueth that if he were not guilty he would cleare hims•lfe, and consider well of it▪ And then speaking to Mr. Vdall, hee said doe not stand in it but confesse it and submit your selfe to the Queens mercy before the Iury find you guilty.
My Lord I answer that according to my inditement I am not guilty, every point whereof must be proved or else the whole is false. And I beseech your Lordships give me leave and I will be very briefe. My conscience doth not accuse me, that I have so much as offended her Majestie, her Councell▪ or the meanest of her people in any thing, I have done concerning this cause, for if I should, of all other I deserved the least favour being one that professed to teach others loyaltie to her Majestie, and love one to another, and would you have mee to confesse a fault where there is none, no I cannot doe it nei∣ther will I: wherefore proceed in your course begun.
We have yet more proofe then this, though yet this were sufficient of it selfe, wherefore read the other examinations. Then was read the confession of Henry Sharpe of Northampton who upon his oath before my Lord Chancellor had said that he •eard Mr. Penry say that Mr. Vdall was the Author of the Demonstration.
Sharpe and I were never above once in company together (to my re∣membrance) neither knew hee ever any of my dealings. This is nothing to prove me the Author of the Booke, reports bee uncertain, and if reports be true the Archbishop himselfe told mee that Mr. Penry made it, which is more forcible for mee, then any of Sharpes reports can be against me.
You mistake the matter, the force of the point resteth in Mr Penryes report, who was one of your great acquaintance and familiars, and you and Walgrave and he were at Mrs. Cranes house.
Here is one mans saying that another said so, let the Iury consi∣der of what force this proofe is, if you have any more let it appeare.
You of the Iury have not to enquire whether he be guilty of the Fel•∣ny but whether he be the Author of the Booke, for it is already set downe by the judge∣ment of all the Iudges in the Land, that whosoever was author of that booke was guilty the Statute of Felony, and this is declared ab•ve halfe a yeere ag•ne.
Though it be so determined already, yet I pray your Lordships give me leave to shew that which I have to say and I will be very briefe and it is to prove, that though I were found to be the author, yet it cannot be with∣in the compasse of that Stature, An. 23. Eliz. cap. 2. whereupon the indite∣ment is framed.
You shall be heard to say for your selfe what you can, therefore say on.
Though I bee not by Profession a lawyer, yet I thinke I can shew it clearely by these reasons following. First, The intent of the law-makers, (which alwaies is to bee regarded in these cases) is to bee considered which appeareth in the Preface of the Statute in these words; To suppresse the malice of those that be evill affected to her highnesse. Now I pray you consider this, how can it be? or how is it possible that a Preacher of the same Religion which her Majestie professeth, and maintaineth who is known continually to pray un∣to God for her highnesse prosperity and happinesse both of soule and Body; How is it possible I say, that such a one should bee maliciously affected to∣wards her? Therefore it is evident that the Statute was made against the Pa∣pists, who use to slander her Highnesse with the tearmes of Heretique, &c. and no way against us for I dare boldly say of my selfe, and in the name of all my brethren. Cursed is he of God, and he deserveth doubtlesse to be ha∣ted of men that doth imagine the least hurt against her Highnesse. Secondly, the matter that maketh a man a Felon by that Statute, must proceeed from a malicious intent against her highnesse, which I or any such as I am can no way justly be charged with: pattly for that which is said before, and partly for that my course of teaching and living in this Country these 9 yeares (sa∣ving this last yeere, wherein I have been absent) is known to have tended to no other end then the provoking and perswading of the people to like of and yeeld obedience unto her Majestie, and the Religion received in her Domi∣nions, for the proofe whereof I referre my selfe to the consciences of all men in the Country that have knowne me: And further it is likely that I who have bin trayned up in the Universities under Her Majesties protection and have alwaies bended my Studies to the advancement of the sincerity of the Gospell▪ so that those small crums of learning which I have gatheted, I doe acknowledge to have received by her Majesties meanes These things consi∣dered, how can it be that I should bee evill affected towards her Highnesse, whom I protest I unfaynedly reverence? And therefore the worst that the au∣thor can be charged withall is his overheat and to much vebemency by rea∣son of his zeale against the abuses, and not any malice against her Majestie, or the meanest of her subjects: Againe the matter to bring it within the compasse of the Statute must be false. But this booke is written in the behalf Page 15 of a most true cause. Lastly the end of it, must be either to the defamation of the Queenes Majestie or stirring up of insurrection, sedition, or Rebellion. For the former I trust that the whole course of our behaviour both in our Ministery and conversation, declareth it selfe to bee so farre from seeking to defame her highnesse as it tendeth to th• uttermost of our powers, to the ad∣vancement, of her Honour. For I am perswaded that there is none of us that would refuse to undergoe any paine whereby her Majestie might any way be the better honoured, yea wee would not refuse if need so required, to lay downe our lives for redeeming of the least aking of her majesties little finger wherewith shee might bee grieved. Now for the second end which is the moving or staring •p of Rebellion &c. I pray your Lordships, and you of the Iury to consider this, There have beene since the first day of her majesties Raign, learned men that have desired the advancemen• of this cause and ma∣ny of the people that affected it. and yet hath it never appeared that by occasi∣on hereof, there hath in all this time bin any in any place that have raised any Insurrection or sedition: yea this booke which is now in question hath bin extant these 2 yeeres, yet I trust neither your Lordships nor any here present can shew that any people in any corner of the Land, nay it cannot be justly proved that any one person hath taken any occasion hereby to enterprize any such matter, and therefore the making of this book cannot be Felony. Be∣sides all this if there had bin any such thing meant by the Author, or recei∣ved by the people, as the Indictment chargeth me withall, (which is the de∣famation of her Highnesse government) yet (as I take it) it should not be felony by that Statute, for the whole course of it, declareth, that it is onely meant of them that defame her Highnesse Person, and not her Government, as it is manifest by the last proviso, wherein it is shewed, that the whole Statute doth determine and end wi•h her Majesties life: and we may not thinke their wisdoms that made the Law, to be so unadvised, as to make a Law for the preservation of the Princes Government which is continuall, to last no longer then the life of one Prince which is temporary. Therefore it seemeth that the Statute hath no further regard then this, that her High∣nesse person might be preserved in that Honour and dignity which becom∣eth her Royall Dignity and Estate. And I do beseech your Lordships to answer me, for I appeale to your consciences as you will answer to God for my life, and I pray you tell the Iury whether you do thinke the▪ in∣tent of the Statute were in any sort meant against us, and not rather against the Papists.
Iudge Puckering said, you do not well to charge us so with our con∣sciences, which God only is to know: I answere you, the intent of the Statute is against all, for so the words are.
The words my Lord, I confesse are so, but is the principall intent so?
Yea it is so.
We have heard you speake for your selfe to this point at large, which is nothing to excuse you, for you cannot excuse your selfe to have done it with a malicious Page 16 intent against the Bishops▪ and that exercising that Government which the Queene hath appointed them, and so it is by consequent against the Queene.
My Lords, I am perswaded that the Author did it not of any malice against them, and for my selfe, I protest I wish them as much good as I do to my own soule and will pray to God to give them repentance. But the cause why the Author did so earnestly inveigh against them was this, as it seemeth, because he perceived them not only to execute an Authority which he taketh to be unlawfull by the word of God, but also for that they do not the tenth part of that good, (even in those corrupt callings) which by Law they might doe: and I am perswaded, that your Lordships know in your owne consciences, that they doe not the tenth part of that they are bound to doe.
That is true, they do not the good that they might do; but yet that doth not excuse you▪ for It is plaine in your Booke, that you writ not against them onely, but you writ against the State, for is it not against the State when you say, that it is more easier to live in England a Papist, an Anabaptist, of the Family of Love, and what not? yea you say, I could live so in a Bishops house it may be these twenty yeares and never be much molested for it; what is this but a plaine standering of the State? and marke the words, for you say, you could live so in England: And d•th her Majesties Laws allow of Papists? this maketh eviden•ly against you, and it is so plaine that you cannot deny it.
My Lords, if it might please you to heare me a word or two, I will shew the meaning of the Author of the Booke, I beseech you to heare me and I will be very briefe: I know that the Laws of England do not allow of any such as are mentioned in the Booke, for there are godly Laws made for the punishing of them, if they were put in execution. But this I take to be the Authors meaning, that it is not spoken in respect of her Majesties Government and Laws, but in respect of the Bishops whom your Lord∣ships know to be wholly imployed in finding us out, and punishing of us, not regarding (in a manner) the punishing any sinne else.
What Sirra will you not confesse any fault to be in the Booke, you seeke to excuse all.
My Lords, I do acknowledge, that there was never any worke of man so perfect, but there have bin imperfections in the same, and therefore there may be some fault in the manner, but surely none in the matter: for the Bishops themselves will confesse, that they may faile in their actions, and be partiall (as they are men) in the manner of handling of any thing; so also the Author of this Booke, being assured that the matter is without reproofe, may erre in the manner, in being over-zealous in the handling of it, and this fault I will easily confesse to be in the Booke my Lords; but I am sure the Author never had any malicious intent against her Highnesse, or any of her Subjects.
This Booke hath made you to come within the compasse of the Statute, though your intent were not so, for I am sure there was Mr. Stubbs, well knowne to divers here, to be a good Subject, and an honest man, yet taking upon him to write a Page 17 a Booke against her Majesty touching Mounseir, he thereby came within the compass• of Law, which he intended not in making of the Booke, and I am perswaded, that he did it of a good affection towards her Majesty; and yet if this Law had bin made then, which was made since, he had died for it: so you, though you intended not to come within the compasse of the Statute, yet the Law reacheth to your fact as that did to his.
My Lords, his case and mine is not alike, for his booke, concerned her Highnesse person, but the Author of this Booke toucheth only the cor∣ruptions of the Bishops, and therefore not the person of her Majesty.
But I will prove this booke to be against her Majesties person, for her Majesty being the supreame Governor of all persons and causes in these her Dominions hath esta∣blished this kinde of government in the hands of the Bishops, which thou and thy f•llows so strive against, and they being set in Authority for the exercising of this Government by her Majesty, thou dost not strive against them but her Majesties person, seeing they cannot alter the Government which the Queene hath laid upon them.
My Lords, we are not ignorant of this, that her Majesty hath a care that all things might be well, and in that respect hath given them often in charge, (upon the considerations of these controversies) to see to it that no∣thing be amisse, and because she hath a good opinion of them for their gra∣vity and learning, she believeth them when they say all is well and in good case, whereas if they had the grace to looke into these things, and to make them knowne as they be, indeed her Majesty and the State, I doubt not, would quickly redresse them, and therefore was it that the Author did so charge them.
Then the Iudge proceeding further in the booke to prove him to have offended, he tooke occasion by the same to speake against railing against Magistrates, and speaking to Mr. Vdall he said in effect thus:
Sirra you that should have hin a teacher of her Majesties people, you should have taught your selfe not to have rayled upon the Rulers of the people, for do you not know what is written in the 23. of Exodus, Thou shalt not raile upon the Ruler of the people, for whosoever doth so, shall die the death. And do you not know what is written in the 23 of the Acts, where the Apostle Paul being before the High Priest, called him a painted wall; and being smitten by one of the high Priests Servants, it was said unto him, revilest thou the Lords high Priest? to which Paul answered, I knew not Brethren that he was the high Priest, loe thus did he ac∣knowledge his fault, do you know these things Sirra?
My Lord, you know that we hold it not lawfull for a Minister to be a Civill Magistrate, and there are at least 500. in this Land amongst whom I am the most unworthy, that are of the same judgement in this point.
But how if the Queene doth give it them?
They ought not to take it. And my Lord, (if it please you) I will answere to your proofes, though I came not hither to dispute. But in my answering, my purpose is not to give any liberty to any man, to raile upon any that are in Authority. Now to your proofes I say my Lords, that the place out of the 32 Exod. doth rather concerne your Lordships and such as are under her Majestie for Judges, then any way to concerne the Bishops: Page 18 And touching the second place out of the 23 of the Acts, where the Apostle saith, Brethren I wist not that it was the high Priest: the meaning of that place is, as if he should say, I thought there had not bin any high Priest now, seeing Christ being come, the high Priesthood was to cease, so that the Apostle doth not acknowledge any fault in that his Speech, for there was no lawfull high Priest of that time, neither did he acknowledge any, seeing they did end in Christ: And thus do the best Divines expound the place.
Then after some further Speeches of this exposition, the Judge returned to the matter of the Booke againe, saying, that the booke did concerne the State▪ and sayd:
But Sirrah thou canst not so excuse thy selfe, as though it touched not the Qu. and the State, for is it not written in thy Booke, that this saying will not serve their turnes, the Queene and Councell will have it so: whereby it is plaine, that thou didst speake against the Queene and the State.
My Lord▪ the Author only meaneth this, that when we are called before the Bishops, they were often driven to use this argument (when they had nothing else to say for themselves) that they could be content many things were amended, but it must be so, for the Queene and Councell will have it so: And surely herein me thinks they slander her Highnesse, and we tell them, that however they beare it out here before men, yet before God that excuse will not serve their turne.
Thou canst not carry it away so, dost thou not plain•ly say, that they are not safe though they have humane Authority on their side, but he that is on our side is mightier then they; whereby thou both abasest her Majesty, and also dost threaten them with some force and vi•lence.
It is true, that whosoever doth unjustly is not safe in it, though all the Princes in the world should desend him in it; and that is the meaning of the Author. But to say that force and violence is threatned them, is fur∣thest doubtlesse from his meaning; for it is knowne to all the world, that we desire by all good meanes to commend this holy cause of Reforma∣tion to her Majesty and the State, and do not looke for neither, that ever it should by any force prevaile, but that it would please God to honour her Highnesse with the advancement of the same.
No, no, these are but excuses, these malicious Speeches proceeded from thee, and were the ground-worke of all these▪ Lihells that have bin dispersed since, and thou art▪ known to be the ring-leader of this faction.
There is no reason to charge me with other mens doings, every man must answer for himselfe; but as for me (alas) I am no body; there are five hundred Ministers in this land of my judgement in these things, the meanest of which I acknowledge to be far better learned then I am. But by the way my Lords, I pray your Lordships give me leave to say one thing which I being about to speake of before, was interrupted, and therefore see∣ing now it commeth into my memory, I pray you to heare me, though it be out of time, concerning the Felony whereof I am accused, it maketh greatly for me.
What is it? let us heare what you can say?
When I was before the Lords of her Majesties Councell at the time of my Commitment, amongst other things that I alleadged against the tak∣ing of an oath to accuse my selfe, I said that the thing was accounted crimi∣nall, and therefore by law I was not to answer: my Lord Anderson said that I said true if the case had concerned either the losse of life or limb, whereby it is manifest that then my case was not esteemed Felony.
Though the Iudges had not then concluded it, yet it was Law before, or else it could not so be determined after; the violent course of others since, hath caused your case to be more narowly sifted.
Then the Iudge (having spoken to the like effect also) said to the Iury, that they should not need to trouble themselves to find him guilty of the Fe∣lony but onely it was sufficient if they found him guilty to be the Author of the Booke, for (quoth he) it is already determined by all the Iudges of the •••d, that the Author of that booke was in the compasse of the Statute of ••••ny, and this quoth he, was concluded before we came hither: therefore you being ignorant of the Law, and we being sworne as well as you are, you are •o heare us, and to take our exposition of the law: and after many other speeches, the Iudges said, goe thy way, we will heare thee no longer, get thee hence, and shaking his hand hee called for the other Felons to heare their Causes.
Then the Iury said, what can we finde?
Find him Author of the Booke, and leave the Felony to us. And after some other Speeches, Mr. Fuller said to the Iury, you are to finde him Author of the Booke, and also guilty of a malicious intent in making it; whereat Mr. Daulton said, what have you to do with the matter Mr. Fuller to speake to the Iury? Then there being some noyse at the Bar, Mr. Vdall could not any more be heard; yet as he was ready to depart, hee said to the Iury; you of the Iury consider this, that you have not to consult about the life of a Seminary and Popish Priest, but of a minister of the Gospell.
Then Iudge Clarke shewed the reasons to the Iury, why they must find him guilty, saying, The evidences are manifest for the first point, that he is the Author of the Booke▪ and the second is a point in Law agreed upon by all the Iudges, as I have said.
So the Iury after they had heard the evidences of the other Felons at the Bar, departed to consult about them, in which time of their consultation there came two severall messages exhorting him to submit himselfe, and to yeeld unto the Iudges before the Iury had given up their verdict, unto whom Mr. Vdall replyed willing them not to trouble him with any such matter, for he was cleare in his conscience, and therefore he was not to accuse himselfe; In which time also the Iury diverse times sent and received messages from the Iudges▪ and at the last, the fore-man of the Iury went himselfe unto them. Thus having debated of the evidences of the rest of the Felons with Mr. Vdall, after the Iudges had dined the Iury brought in their verdict that he was guilty of Felony.
Page 20After that Baron Clarke had finished all other matters of Law, and that the Iuries had given their verdicts on the Felons, finding some guilty, and some not guilty: The Iudge commanded all the prisoners to stand forth and to answere to their names▪ which did so; and first mr▪ Vdall was called, who stood forth at the Bar, but the Iudge commanded him for that time to stand aside, saying that he would deale with him anon: then some of the prisoners which were saved by their bookes, were burnt in their hands, and for that night there was nothing more don. Then the Iudge commanding the Iay∣•or to bring the prisoners betimes in the morning, commanded them to depart, and so for that time every man departed to his place.
The second dayes worke, being the 25. of Iuly.
THe next morning neere about 4▪ of the clock the prisoners were brought to the Bar, who stayed till the comming of the Iudges▪ who came thither by 6 of the clock, or thereabouts, and called the prisoners by their names to receive sentence of death; and first they began with mr. Vdall, who after he was called was commanded to stand aside till anon, and then there were 7 Felons that received sentence of death▪ who being taken aside, Mr. Vdall was called the second time and the Clarke of the Assises said, Iohn Vdall hold up thy •a•d, what canst thou alleadge for thy self, why thou shouldst not receive judgment to dy.
My Lords, notwithstanding my earnest pleading and protesting of mine innocency yesterday, which I could and would have done more cleerely, but that I was so much interrupted: yet it hath pleased the Iury up∣on their consciences to finde me guiltie of that which I thank God never en∣tred into my heart; now therefore must I pleade another plea, and therefore I crave of your Lordships to grant me the benefit of the pardon granted the last Parliament.
I thinke you can have no benefit by it, for I am deceived if it be not excepted. Then said he to the Cleark or some other, reach me the Statute Booke, and whilest hee looked in the same:
Mr. Vdall said, I pray your Lordships consider the ground of my plea, albeit▪ indeed it seeme to be excepted: your Lordships confessed yester∣day, and I shewed it by my Lord Andersons speeches to me, that it was not thought Felony till of late, and therefore the things that be excepted be such as be inquirable and punishable in the Ecclesiasticall Courts.
That is nothing, for if the lesser be excepted, much rather is the greater▪
My Lords, I refer it to your consciences and favourable considera∣tions: the words are these in the pardon, which he repeated, and they find∣ing it to be as he had said, the Judge said, here is no helpe for you: and after other speeches betweene them of the meaning of the words of the pardon, the Judge said, Mr. Vdall your Councell hath deceived you.
My Lords, I have not received any Councell herein, for I have bin close prisoner this halfe yeare, and therefore could not attaine to have any Page 21 Councell; but thus much have I gathered, which is my judgement out of the Booke.
What can you alleadge more for your selfe? for this helpeth you not:
Nothing but mine own Innocency, but that your Lordships may proceed.
What say you? are you contented to submit your selfe to the Queene:
Yea, or else I were not worthy to live in her Highnesse Do∣minions.
But will you acknowledge your selfe to have offended her Majesty in making this Booke? she is gracious and full of mercy, it may be, that we reporting your sub∣misi•n unto her Majesty, may procure her pardon for you.
May it please your Lordships to heare me; The cause for which I am called in question, I cannot forsake in any sort, for I hold it to be the un∣doubted truth of God: but, &c▪ And then he was interrupted by Iudge Puckering, who said:
Nay stay there, you cannot goe away with that speech unanswered, to buz▪ into the peoples eares such a conceit, that it is an undoubted truth that you hold; for I hold it to be an undoubted falshood: And then he proceeded further in a large set Speech, the effect whereof was, that this Land having bin governed by sundry Nations, hath yet kept her ancient Laws, which he affirmed would be overthrowne, if this government that these men seeke for should be established: And then he further shewed, what inconventences (as he thought) would come by the same, viz. That we having Laws and Iudges appointed to decide all Controversies; this Presbitery which these men seeke for, would overthrow all, and bring to their censure and government, all mens Causes▪ or else they would Excommunicate them from their Churches; yea and they are so hot for this Government, that they will not stay for the Magistrate, and if the Magistrate will not, they will reforme themselves, and one of them writing in a Letter to his friend of his, saith, Let us number our hot Brethren, that we may know who will stand to it, for it is high time. So that it is plaine, that if they cannot have it with her Majesties consent, they will have it though it make our hearts to ake, as you say in your booke▪ And whereas her Majesty hath Revenues belonging to her Crown out of the Church-livings, and Cathedrall Churches, these men would have her Majesty give unto them those Revenues, for the maintenance of their Preshitery, and they would her a s•ipend allow at their discretions, so that they would bring the Queene and the Crowne under their g•rdles.
And some of these men have gon so farre, that they say plainely we have no Church, no Sacrament, no ministers, nor any worship of God amongst us. If these things bee not loo•'t unto in time, what confusion shall wee have in this land shortly? many other things be spake against the cause of Reformation, which I cannot particularly lay downe but this is in effect the substance of it; concluding he said, Thus much Mr. Vdall have your speeches enforced me to speake least the people here present (being deceived) should be carried away by it. To which Mr. Vdall answered briefly.
My Lords it is bootelesse for me to enter disputation with you in this place touching this matter, onely this I could wish you to leave it to be first decided by the learned Divines to whose calling it belongeth. And although Page 22 some weak men wan•ing iudgement have bin headily carryed in seeking the furtherance of this cause, and so for want of this government have runne into some errors, yet it is no reason to charge us with them, for your Lordships know that wee have been the men that have taken the greatest paines to re∣claime them to the joyning of themselves with the Church, from which they have separated themselves.
You are deceived it is not a matter of Divinity onely, but it is a matter of State, and within the compasse of our Profession, and it is not so greatly in controversie as you would have us to beleeve it is.
It is diversly debated (my Lords) and the greatest number of learned men in Christendome doe maintaine the same.
How doe you know that, have you bin beyond the Seas, to know the greatest number of learned men to be of this judgement?
Your Lordships know that all the Churches of France, the low Coun∣tries, and of Scotland doe maintaine the same? besides many hundreds of lear∣ned men in this land.
Have you been in all these Churches that you can tell so much?
I know it to be true (my Lords) for their practise doth shew them to be of this judgement.
Well, if you can alleadg no more; neither will submit your self to the Queens mer∣cy, then heare your judgement.
My lords I was beginning to speake, but you interrupted me, I pray you heare me, what I will say▪ and then do as God shall move you.
Let us heare what you will say.
As I said before so I say now, I beleeve the cause to be the undoubted truth of God, and therefore in the matter I cannot by any meanes yeeld; yet seeing by your order of law I am found to be guilty, neither can I (for the re∣verence I beare to her majesties lawes) take any exceptions against you nor the Iury, but that which you have done I acknowledge to bee done in all e∣quity and right. Seeing I say you have found me to bee guilty, whereby I cannot live without h•r majesties gracious and speciall favour. I acknow∣ledge that whatsoever I have done to the advancement of the cause. I may offend in the manner, in which respect (if I have offended) seeing it hath pleased your Lordships and the Iury to find mee guilty, I doe willingly sub∣mit my selfe and heartily crave her majesties pardon.
But are you sorry, that you have offended the Queenes Majesty.
I am sorry, that the course of the Law hath found me to have offended.
So is every Thiefe that is c•ndemned sorry, that his offence is found out, but not for the fact. This is a plaine fallacy.
My Lord indeed if it were so as your Lordship doth understand it, it were a plaine fallacy, but I say further, if in the manner of handling so good a cause, there be found in me any offence against her Majesties Lawes: And I acknowledge that in the manner of handling it Her Majestie may be justly offended, for which I am sorry. And I protest that I have never gone about to advance it by any other meanes, then by manifesting it to all men, and Page 23 tendering it to them in authority, and that by such meanes as might not be contrary to the Laws of this Land, that so it might be received by Her Ma∣jesty and the State, and this is the care of us all, howsoever we be charged with factions.
You say if there •e found any offence, whereby you call in question the equity of dealing in this Court against you.
My Lords I do not neither will I, let it be looked into by you and the rest whom it concerneth, I hope you would not deale otherwise then lawfully against me.
You say you seeke no unlawfull meanes, what can be meant but unlawfull meanes in the words of your Booke▪ If it come in by that meanes that will make all your hearts to ake, blame your selves: What good meanes ca• bee meant by th•se word•?
My Lords, yesterday I shewed you, what I tooke to bee the mea∣ning of the Author in some places of the booke alleadged against me in the Inditement▪ and then I would have spoken unto all, but you cut me off, I pray you therefore let me shew you the meaning of the Author in those words now.
Let us heare you how you expound it.
My Lords, your Lordships must understand, that the Author taketh it for graunted that the cause is Gods and must prevaile, and therefore seeing God hath used all the meanes of his mercy to bring it in, in giving us a gra∣cious Prince, •ong peace and aboundance▪ and of stirring up some to exhibite s••plications to the Parliament; these things not prevailing in his mercy, he will bring 〈…〉 some judgement as plague or famine, or some such like 〈…〉 his is alwaies the manner of Gods dealing.
〈…〉 expound it so, for the words import another thing.
〈…〉, the Author himselfe expoundeth it so in the words follow- 〈…〉saith, that it must prevaile, for such a judgment will overtake this Land 〈…〉 eares of all that heare thereof to tingle, so that he meaneth nothing〈…〉 God will bring it in by his owne hand by judgment, if by mercy hee can- 〈…〉▪
No no, your meaning was that it should be brought in by force and violence.
God forbid! farre be it from us to conceive any such Imagination. The Author of that booke doth plainely shew that hee meant no such thing, and the words following in the end of the Epistle doe declare the same, for there he sheweth by whom it is to be brought in namely by Her Majesty and her Honourable Counsellors, that they may see it, and establish the same.
Nay the meaning is, that if the Queene will not, yet you say it shall come in, for so the words are, that it must prevaile, maugre the heads of all that stand a∣gainst it.
Nay my Lords the words are maugre the malice of all that stand against it▪ for there are many heads that are not maliciously bent against it, there is great difference betweene malice and •eads, sor some are against the cause through ignorance▪
It is all one in effect▪
Nay (my Lords) there is great difference,
Well Mr. Vdall you were best to submit your selfe to the Queenes mercy and leave these courses, for I tell you that your Booke is most seditio•s and slanderous a∣gainst her Majestie and the State, and yet I assure you that your booke had bin passed o∣ver, if there had not come forth presently after it such a number of slanderous libels, as, Martin marre-prelate, Martins Epitome, Martin Iunior, or thesis martiane, Martin senior, and others such like, of which your Booke was judged to bee the Ring-leader.
My Lords those that are learned, and doe maintaine this cause, doe Iudge this booke to be written very indifferently, howsoever it bee hardly construed. But for Martin and the rest of those Bookes that you have named, they were never approved by the godly learned. And I am fully perswaded that those bookes were not done by any minister, and I thinke there is never a minister in this Land, that doth know who Martin is. And I for my part have bin inquisitive but I could never learne who he is.
Clar. You will not acknowledge your selfe faulty in any thing, and therefore it is in value to stand any longer with you.
I will easily confesse that in manner the Author hath offended, for no man can handle a cause so well but there will fault appeare in it, as appeareth by Iob who having a good cause handled it weakely: It is easier to handle an ill cause cunningly, then a good one well.
Nay but you have maliciously offended in publishing this Booke, which tendeth to the overthrowing of the State and the moving of Rebellion.
My Lords that be farre from me▪ for we teach that in reforming things amisse if the Prince will not consent, the weapons that Subjects are to fight withall are repentance and prayers, patience and teares.
Yea you had done well if you had used these weapons rather then to have made this Booke.
God forbid but that wee should give unto her Majestie that Honour which justly is due unto her, for we have not taught the people to reforme the State without the Prince, and our practice hath proved the same, for wee ne∣ver taught any of her subjects to goe before her, but to leave that Honour as belongeth to her Majestie.
Well▪ will you submit your self or not? for else I must proceed to iudgement, and I have no authority to favour you, neither will I stay sentence of death according to my Office, what my brother hath I know not, and therefore shortly submit your selfe or else! am to pronounce sentence of death.
And I am ready to receive it: For I protest before God (not know∣ing that I am to live an houre) that the cause is good, and I am contented to receive sentence so that I may leave it to posterity how I have suffered for the cause. But my Lords the cause excepted, I will submit my selfe in any thing.
Let the Cause alone and tell us no more of it, but acknowledge your selfe to have offended the Queenes Majestie,
I may not in any case yeeld in the cause, I have almost ever since I was a Preacher of the Gospell professed it, and therefore I cannot bee at this time changed.
Let (I say) the cause alone and say what you will doe.
I must needs professe it and mention it, lest it should bee thought that I have started from it, but for any thing that I have done in the manner against Law, I am heartily sorry for it, more then this I cannot say, do with me what you will.
But are you sorry for offending her Majestie and her laws, and be you conten∣•ed to amend and to live in obedience as becommeth a good subject?
I am content to seeke the advancement of this cause by no other meanes, then that which may stand with the lawes of this Land, and the du∣ty of a good Subject.
I come not here to intreate you to submit your selfe, but you shall doe it willingly upon your knees, and crave her Majesties mercy.
Then Mr. Vdall kneeling downe said, I refuse not any kind of sub∣mission to Her Majestie: And I intreat your Lordships to be a means to her Majestie for me. And if I were worthy that my poore papers might come unto Her Majestie, or to her Honourable Councell, I would write thus much unto them.
Nay will you write thus much unto us, that wee may first see it and commend it to her majestie?
I willingly doe it.
Thus they dismissed him.
And this is the sum of that which I with the helpe of others could re∣member, having not any intent to leave out or enlarge any thing further the• the meaning of the Speakers did intend; notwithstanding many more things were said on both sides, especially the set Speeches of both the Iudges and of Mr. Daulton to the disgrace of the desired Reformation, which could not well be expressed in particular, and therefore I have left them. Also ma∣ny other things Mr. Vdall purposed and begun to say, which they stopped, so that they could not be perceived.
The Assises being thus ended, Mr. Vdall was returned to the prison of the White-Lyon againe where he continued till the Sessions in S•ut•warke▪ begin∣ing the 18. day of February, 1590. during which time he wrote a supplica∣tion or submission to the Queenes Majesty, as followeth:
To the Queenes most Excellent Majesty.
MOst Gracious and dread Soveraigne, The present lamentable estate wherein I stand, being found guilty by verdict, to be Author of a Book intituled, • Demonstration of Discipline, and being without your gracious par∣don▪ to die for the same: I humbly prostrate my selfe at your Majesties fe••, submitting my selfe in most humble manner as becometh a dutifull Subject, to such order as it shall please your Highnesse to appoint▪ to whom God hath given so high and Soveraigne a power as is able both to kill and to quicken, to bring to the gates of death, and to cause to returne to the comfort of life Page 26 againe: Before whom standing thus convict, I am not to pleade my inno∣cency: yet I most humbly desire it may not offend your Excellent Majesty, that I protest (of the truth whereof I call God to witnesse who knoweth all secrets, and will judge both the quick and the dead) that I had never any thought or imagination to publish, write, or doe any thing maliciously▪ or tending to the dishonour or slander of your Majesties Royall person or Princely estate▪ under whose gracious government I have attained to so many benefits and blessings; amongst which I most highly esteeme the true knowledge and ••a•e of God; in regard whereof, I have bin alwaies▪ ready even to adventure my life, for the preservation of your most Royal per∣son and defence of your Princely estate, and the same have also taught un•o others, as a thing •pecially commanded by God; notwithstanding feareing the severity of justice unto death: I flie for life unto your Majesties most gracious mercy most humbly desiring your Highnesse of your mercifull compassion for reliefe of my poore and miserable estate, to grant me your gracious and comfortable pardon, whereby▪ I may be discharged, both of the offence and punishment▪ which the law hath said upon me. Other hope then this have I none▪ (but the trust I have in▪ God, according to his promi∣ses) that your Majesty by a speciall gift of God, is gracious and mercifull, and have vouchsafed to shew mercy even to such as were not only by im∣putation of law but indeed malicious and mortall enemies to your High∣nes•e, and therefore▪ I hope that the same goodnesse of so Princely a nature may be moved, and will shew forth it selfe in like gracious compassion on my behalfe; which gracious pardon on my knees I most humbly crave your Excellent Majesty to grant unto me▪ by which speciall favour being raised as it were from the dead, I promise and vow to leade the rest of my life in all humble and dutifull obedience unto your Majesty; praying con∣tinually for the preservation of your highnesse precious life and happy go∣vernment, to the honour of Almighty God, and the comfort of all obedient and dutifull Subjects.
A Declaration of that which passed betweene the Judges and Mr. Vdall at the Assises in Southwarke Febru. 19, 1590.
BEcause you are▪ ••sirous to understand of me the particular things which passed betweene the Iudges and me the 18▪ 19, and 20. daies of ••b. 1590. Albeit I had rather you should learne it of others, yet seeing the ground of all dependeth upon some things that passed between them and me in private, I am the rather induced to satisfie your request praying that it may be kept secret amongst those friends that may have good by it, and not given out un∣to Page 27 any such sort as may aggravate this heavy burthen that is already •aid up∣on me. Being called the first day of the Assises in the afternoon Sergeant Puckering said:
We do not meane now to deale with you, only I must put you in mind that you have made a▪ Petition, wherein you promise to submit your selfe to such order as her Majesty shall appoint; consider of it, and looke that you •• it, for ••an tell you, it is looked for at your hands▪
I know not my Lord what you meane▪ I made a Petition but to her Majesty, and will willingly performe any thing promised therein:
Well, advise well with your selfe and looke that you do it, I tell you afore∣hand.
Unlesse you meane that I know not your meaning.
Fenner dwelling in•urre sat on the Bench and said, Mr. Vdall, I must needs say something unto you, I have heard much good of you, and that you are learned, it were pitty you should do otherwise then well, I pray you take heed that those good things which are in you, be not marred for want of humility: I tell you humility is a speciall vertue in a man of your Calling▪ the want whereof marreth all in them that waht i•▪ I pray you stand not in your own opinion too much, I have heard that you have don much good▪ let not humility be wanting, &c.
My Lord, I acknowledge that humility is a vertue generally requi∣red in men of my Calling, without which all other gifts are nothing▪ for God resisteth the proud, and giveth wisdome to the simple: and I desire that the same vertue may be found in me; but I trust your meaning is not thereby to perswade me to deny the truth, which I trust the Lord will keepe me from, whatsoever befall me.
I speake to you of good will, I would not have you stiffe in your own conceipt.
Remember what I said unto you.
And so I was carried into a Chamber to be conferred with by some of the Bench▪ &c. And when that promise which the Judge so much spake of came to be examined, it was nothing but a sentence in my submission to her Highnesse, the meaning whereof is (as the words going before it and im∣mediately following it do declare) that I professed my selfe willing to live or die, according as that power which God hath given to her Majesty▪ shall appoint.
I having bin dealt withall to this effect the first day of the Assises (by cer∣taine of the Bench in private) as also the second day by some of them to this effect▪ that I would make such a submission as would condomne the Booke in question▪ and justifie the Hiera•chy▪ and perceiving that I was not to be heard till the last day▪ I intreated Sir William Moore and Mr. Bowyer to be a meane to the Judges for me▪ that (for asmuch▪ as▪ my case was rare, and I had (as I was perswaded) sufficient to alleadge why (notwithstanding the verdict against me) Judgement ought to be stayed) I might be heard over∣night, that so (according to that good councell given by them unto me▪ to advise with my selfe, and to consider what I would do) also they mig••Page 28 have a night to thinke of what I had to say, and the next day to do with me as God should move them.
Hereupon I was •etcht forth before the Judges in private, immediately after dinner, who using many perswasions to draw me to relent (which be∣ing in private I will not expresse) told me that they sent for me, for that they understood I desired to be heard over-night, which they were willing then and there to do: I answered: My Lords, my meaning was not to de∣sire private but publique hearing, seeing I have nothing to say: but such as would prevent my selfe, and disappoint my publique speech, if I should ut∣ter it in private: yet because they told me their other affaires would not per∣mit them to have any time with me till the latter end of the Assises, I was ra∣ther willing that I should be prevented, then they should be constrained to determine on a suddaine upon so weighty a matter; whereupon I did draw out a paper for each of them, containing these reasons following.
I humbly pray your Lordships to consider, whether these reasons ought not in conscience to move you to stay the sentence notwithstanding the ver∣dict against me, and to be meanes of my release.
1. It seemeth that my case is not esteemed Felony by the Judges of the Land▪ seeing they do usually sit in the High-Commission Court, where the printing and dispersing of the same and such like Bookes are usually en∣quired after as transgressions of another nature.
2. No judgement in Law ought to be given in case of Felony, but upon a party first found guilty thereof by verdict of twelve men, but I am not so, for proofe whereof I pray you it may be remembred, that your Lordship gave the Jurie in issue onely for the triall of the fact, whether I were Au∣thor of such a Booke, and freed them from enquiring the intent, without which there is no Felonie.
3. I humbly pray you to call to minde by what meanes the Iury was drawne to give that verdict they did, whether they were left wholly to their own consciences, or were wrought unto it partly by promise assuring it should be no further danger unto me, but tend to my good; and partly by feare, as appeareth in that it hath bin an occasion of great griefe unto some of them ever since. And then I pray you to consider, whether upon such a verdict so drawne from twelve simple men, Christian Iudges in a good conscience, may proceed to sentence of death?
4. In case the verdict were never so free, yet your Lordships being men of wisdome and knowledge are to consider, whether the Statute whereupon I am Indicted, do agree to my case in the truth and meaning of it, there be∣ing nothing in that Booke spoken of her Majesties person, but in duty and honour; and whether the drawing of it from her Majesty to the Bishops (as being a part of her body politique) be not a violent depraving and wrest∣ing of the Statute, which if it be, you being Christian Iudges, cannot in a good conscience upon such a ground proceed to sentence, contrary to your own knowledge.
5. But if the Statute be to be taken so as it is urged, it ought to be consi∣dered Page 29 that without a malicious intent against her Majesties person, the Sta∣tute it selfe maketh no act forbidden by it to be Felonious; wherein I ap∣peale first to God, and then to all men that have seene the whole course of my life & to your Lps. own consciences wherin I pray you to examine your selves in the sight of God, whether either by your selves or the just report of any other you can finde me guilty of any act in all my life, that savoured of any malice or malicious intent against her Majesty or of any other behavi∣our than standeth with the allegiance and duty of a most dutifull and Chri∣stian subject. Of which malice or malicious intent against her Majesty, if your consciences cleare me before God, the act wherewith I am charged be∣ing not felonie without such an intent, I hope you will consider that you cannot with a good conscience proceed to judgement.
6. Yet if the Statute and intent were such as it is said, in case of life the evidences ought to be pregnant and full living witnesses (I am sure by the word of God, and I trust also by the Laws of this land) were to have bin produced face to face to charge me. But I have none such against me, nei∣ther any other thing▪ saving onely papers and reports of Depositions taken by Ecclesiasticall Commissioners and others, which kind of proofe the judg∣es of the land cast away in case of lands, and by no meanes allow to be suffi∣cient, and therefore are much lesse to be allowed in a case of life, which being so, your Lordships ought to have a conscience, that upon so weake evidences sentence of death be not pronounced.
7. But if the same that hath been given in for evidence in writing, had bin testifyed by men living▪ standing out in the presence of the Court and of mee the accused, I trust your Lordships will consider that no one of the evidences do directly prove me to bee the Author of the booke in question which as it was hath little force in it as appeareth by this▪ that the Author of the chiefest testimony is so grieved, that hee is ashamed to come where hee is knowne. Whereupon howsoever the Iury have not discerned thereof, yet you being men of skill and understanding, are to have regard of it, and not upon so weake and impertinent proofes to proceed to judgement of death.
8. If all these things were such as they ought to bee, yet your Lordships are to consider (supposing me to be the author of the booke in question) that the said booke for the substance of it, containeth nothing but that which is taught and beleeved to be a part of the Gospell of Christ, by all the best refor∣med Churches in Europe; wherein nothing being diverse hom them, I cannot be condemned without condemning in me all such Nations and Churches as hold the same doctrine. In which (if there be no error in them) the offence commonly be in forme, circumstance and manner of writing which some men may thinke worthy an admonition, some more severe worthy correcti∣on and amercement, the sharpest cannot judge it to deserve more then some short time of imprisonment. But death for an error of such a kind in termes and words not altogether dutifull of certaine Bishops▪ cannot be but extream cruelty: Which seeing it ought to be farre from any Christian man that hath the bowells of Christ in him. Surely Christian judges professing the Gospell, Page 30 for a service of the Gospell (saving some oversight in words and termes) ought not to proceed against me (that hath endeavoured to shew himselfe a dutifull Subject and faithfull minister of the Gospell) to give sentence of death.
9. My offence not being aggravated but remaining as it was the last Assi∣ses▪ when my submission was excepted, and judgement, thereupon stayed: I trust your favour will be the same towards mee now also, seeing I am ready to doe the like.
If all this prevaile not, yet my Redeemer liveth to whom I commend my selfe, and say as sometime Jeremy said in a case not much unlike. Behold I am in your hands do with me what seemeth good unto you; but know you this that if you put me to dea•h, you shall bring innocent bloud upon your owne heads and upon t•e land. As the bl•ud of Abell, so the bloud of Vdall, will cry to God with a loud voice▪ and the righteous judge of the World, will require it at the hands of all those that shall bee guilty of it.
This is the summe of that which I delivered to the Iudges.
THe Assises being almost finished, and the other Prisoners that were cal∣led to the Barre to haue sentence of death, standing forth to heare the same▪ I was at the last called, and demanded what I could say for my selfe, why I should not have judgement to die. Hereupon I humbly craving audience began to this effect.
My Lords I doe acknowledge that I have been hitherto proceeded a∣gainst by due course of law, and that a verdict was given in against me the last Assises as guilty of Felony, &c. But I do not onely (as heretofore) protest mine inno•enc••, but also think that I have sufficient to alleadge why (not with∣standing the verdict) judgment ought not to be given where I intreat to be heard.
I pray you stay, you seeme in the beginning to speake 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 condemne the innocent?
These things agree well enough, as I will shew if it shall please you to give mee leave: it is by due course of law▪ that I have been indited, ar∣raigned, have had a Iury impanelled upon me▪ bin accused, heard speake for my selfe, and testimony produced against mee. But in that the proofe by wit∣nesse was insufficient and the Iury either in judgement or affection missed; thereupon it hath come to passe that (notwithstanding the due course of law) guiltin•sse is laid upon a guiltlesse person. But I pray you let mee proceed to the reasons that I have to alleadge for my selfe.
Then I lest the first reason of purpose seeing I did rather wish that they on∣ly should understand it (which they did by my papers overnight) then to blaze it to the World so that I did begin to speake according to the second reason mentioned before; whereupon Sergeant Puckering prayed Baron Clarke to speake, seeing it did most concerne him.
I must needs tell you, you ••e us and the seat of Iustice great wrong, in∣deed • told the Iury what was the law in the opinion of all the judges of the land, for it was not my private opinion as I said also at that time.
It is not materiall my Lord in this case what the Judges thinke, for though all the Judges in the World thought so, our lawes thought no man a Felon, or capable of sentence as a Felon till hee bee convicted by the verdict of 12. men.
You are so convicted as the record will testifie.
I acknowledge the record against mee, but I appeale to your Lord∣ships conscience whether you delivered not unto them speeches to this effect. As •or the Felony you are not so much to enquire, but only whether he made the booke, leaving the Felony to us.
You doe me great wrong, I onely told them the law.
Well I leave it to your Lordships favourable consideration you per∣ceive my reason.
Then I spake to the third Reason, whereupon it was said.
All that you say tendeth to the disgracing of the Court of Iustice holden a∣gainst you heretofore, the jury were left to their owne consciences, and did as they saw meet to doe,
No my Lords, I speake not any thing to disgrace the court of justice, for I acknowledge both this course and all others of the like nature, to bee Gods holy Ordinance, which I ought to reverence, neither doe I speake to defame the Jury, but onely to give your Lordships occasion why you may not to proceed to sentence, thereupon, for if the Jury did well, why should it grieve any of them? if they did ill your Lordships may not proceed to sen∣tence thereupon.
We cannot remember the particular circumstances that then passed▪ •either are we to call in question the verdict▪ but it is our office to give sentence according to it.
I pray your Lordships tell mee one thing, must the judges alwaies give sentence according to the Verdict, or may there not be cause to stay it?
Yes there may be cause to stay the verdict; such may the case be,
And I desire no other but that my reasons may be well weighed whe∣ther my case be such or no.
Then I prayed for so much as they had the substance of that in writing a∣for hand which I meant to say, it would please them to give mee leave to say at once what I could; lest my memorie (being so much weakened and dul∣led be imprisonment should faile mee, and so I leave some materiall thing unspoken. Then I spake according to the 4 & 5 Reasons▪ wherunto little was replyed saving such as things were mentioned at my arraignment. Only Ba∣ron clarke used a very long speech, wherein he compared Mr. Stubbs his cause and mine together and after the end of his speech, Judge Puckering said.
Who taught you such law tell you, you are much deceived and abused in it; one may bee within the compasse of Felony, though hee doe not directly meant any such thing.
Your Lordship knoweth I pleaded these points the last Assises, when Page 32 I came from close imprisonment to the barre: I understand English which is the language wherein the Statute was written, and I professe my selfe a Scholler and therefore to have (through Gods mercy) some understanding of the sence of that I read. It seemeth to me most direct, and no otherwise to be taken then I understand it.
Then I spake according to the 6, and 7, reasons whereunto it was replyed thus.
You are deceived in that you thinke the witnesses against you the lesse lawfull because the parties were not present. It is an ordinary thing to have witnesses examined in the Chancery and other such like Courts, which doe remaine thereof as sufficient credit for ever, as they were when the parties oath was taken upon the same.
Then would I have answered that the case was not alike, seeing the High-Commission is no Court of Record, but I was not then suffered to speake, for that it was said by the other Judge.
Where do you finde that there must needs (by the word of God) be two wit∣nesses face to face?
It is so cleare as the witnesses were also to have the first hand in exe∣cuting the punishment upon the party offending.
That was according to Moses Law, which we are not tyed unto.
It is the word of God, which hath a parpetuall equity in it, for the life of man is so precious in the sight of God, as he would not have it taken away without most evident and manifest proofe, such as in his Law is set down.
We are not now to call in question the proofes, seeing the Iury did thinke them sufficient; This speech of yours tendeth to prove the Iury perjured.
Not so my Lord, I thinke of them that they did according to their consciences, but being men unlearned, and the case being strange unto them, they may have don their best, and yet you being men of more knowledge and judgement, are to looke further into the matter.
Whereas you say that none of the witnesses did directly prove you the Au∣thor of the fact, that was not necessary, for if all layd together, and the circumstances considered do prove it, it is as good a proofe as if every witnesse were direct.
But the Law of God from which I trust our Laws dis-agree not, would that every proofe be direct.
And do you thinke indeed, that the Laws of this Land are agreeable to the word of God.
I do not professe to know them, but surely I have so reverent an opinion of them▪ that I trust the grounds of them are according to the word of God, however in some particulars the proceedings may misse thereof.
Then the Government by Arch-Bishops and Lord Bishops is according to the word of God. seeing the Laws of the Land do allow them.
I pray you my Lord take me not so generall, for that will not follow upon my speeches.
Well you may not now disgrace the witnesses, you should have done it at your Arraignement.
I neither meant then nor purpose now to disgrace the witnesses, but to shew the insufficiency of their testimony in this case, that your Lordships may thereby see some reason to stay the sentence.
The first testimony that was alleadged, was that of Mr. Chatfield, who affirmeth, that it was not given in against me upon his oath, but only in his anger he set his hand to, but is now sorry for it.
You should have alleadged this before, it is now too late.
It is alleadged too late, to prevent the verdict▪ but if there be any force in it, it ought to be considered to stay the sentence▪ I could alleadge it no sooner, because I knew it not till after the verdict.
We may not suffer you to proceed so to disgrace that which is passed alrea∣dy; If you have any other thing to say, speake on▪ otherwise we must do our office.
It is not my meaning howsoever you take it, to disgrace any thing passed hertofore, onely I pray you further to consider, that Thompkins whose testimony onely carried some shew, protested before my commitment, that he would not for all the world affirme me to be the Author of the Booke.
Why did you not pleade these things to the Iury?
I did so, and offered to produce sufficient proofe for it, but your Lordships answered, that no witnesses might be heard in my behalfe, seeing it was against the Queene, which seeme•h strange to me, for methinks it should be for the Queene to heare al things on both sides, especially when the life of any of her Subjects is in question.
The witnesses were then thought by the Iury sufficient to prove the matter which we may not now call in doubt, therefore say on if you have any more.
Then I spake according to the eight reason, whereupon it was said,
I tell you, you are not called into question for the cause (as you call it) nor for the body of the Booke, but only for slanderous things in the Preface against her Maje∣sties government, and therefore you may let the cause alone.
But it is for the hatred borne to the cause that I am thus entreated, for had not it bin handled in the Booke, such matter as is now made of the Preface had never bin objected against me or any other.
Well it is best for you to leave off all other pleas, and submit your selfe to the Queenes Majesties mercy.
I will do so with all my heart.
But will you do it as you did the last Assises?
Yea that I will; And so I spake according to the last reason, where∣upon it was said:
You confessed that you were justly condemned.
I am not yet condemned:
I meane convicted by the Iury; then you acknowledged that you had offended her Majesty, that you were sorry for it, and promised that you would never do the like againe.
My Lord, it is not for me to oppose my word and credit, (which is nothing) against yours, I refer it to them that heard it; onely I pray you give me leave to speake of it, as I take it that it was: First, I did avow (and Page 34 so I do now, and will do whilst I live) that the cause handled in that Booke, is an undoubted truth.
How often shall we bid you leave the cause, and tell you that you are not troubled for it.
But it is the cause that is sought to be defaced in my person, and ther∣fore I must and will still prof•sse it and justifie it, wha•••ver disgrace I re∣ceive by it unto my selfe. I pray you let me proceed. Secondly I did protest that I never had any purpose to deface, but ever to seeke •o honour her Ma∣jesty and her Government. Thirdly, I professed that the course of Law against me was due; whereby what I have meant you have heard. Fourth∣ly, I said that I never had any purpose to do any thing to the advancement of this cause, but keeping my selfe (to the uttermost of my power) within the compasse of Law. Lastly▪ I never confessed my selfe to be Author of the Booke. Then my submission was this, that if I had don any thing to the advancement of so holy a cause▪ which had brought me within compasse of the Law, or might justly offend her Majesty, I was hea•tily sorry for it; if this be not it, let me have any other drawn, wherein the former points are justified, and I will set my hand unto it.
But all this is nothing to your Booke in particular, what say you to it?
I say this, that though I hold the matter in it to be a most manifest truth▪ yet I confesse the manner of handling in some part to be such as might justly provoke her Majesties indignation.
Because you stand so much upon the cause, as you call it, you provoke me so, as I must needs say somewhat of it, lest the audience should thinke some matter in it more then is.
My Lord, you understand my judgement therein, I beseech you speake not against it▪ unlesse you will give me leave to replie unto you.
I may not do so, you pr•v•ke me to it, your Discipline that you stand up∣on, whereupon is it grounded? forsooth upon the saying of Christ, Tell the Church: which never was expounded these 1500. yeares, as you do within these few yeares.
My Lord, he did abuse you that told you so, Chrysostome expoundeth it thus tell the Church▪ that is the governors of the Church:
He meant the Governors of the Iewish Synagogue.
How can that be? when he lived above 400. yeares after Christ:
Was there never any that could finde it out before now if it were a truth?
Yes it hath testimony sufficient if it might be received:
And lest men should thinke that your matter were as good as you pretend I will tell you what I know: It is written in one of your Bookes, that without an El∣dership there is no salvati•n.
I am perswaded that cannot be shewed.
Yes it is in Theses Martinianae, one writ that i• is time to number our hot Brethren. Another (Mr. Snape of Northampton by name) wrote that the Bishops should be p•t down all in one day.
These things he did discourse of at large in an invective speech most bit∣ter Page 35•ending to perswade the people that we meant to rebell and set up the Dis∣c•pline, and pull downe the Bishops by strong hand, and went about to im∣p•ir• the Queenes Prerogative and patrimony. After which with much adoe I got aud•ence to this effect.
My Lord, I protest in the presence of God, and hearing of all this people that neither I nor any of my brethren that ever I was acquainted with to my knowledge, did so much as ever purpose or speake of any such means as your Lordships mentioneth to bring in the discipline, but onely by prayer to God, supplication to her Majestie, and such other peaceable meanes: this is my answer to your large invective. And whereas my Lord you seeme to bee so hardly carried against the cause I would not doubt▪ but if I might private∣ly conferre with you, with the blessing of God to perswade you to be a friend unto it.
And after some other speeches of other bookes, and the aforesaid speeches in the bookes mentioned already, Judge Puckering said.
Nay I tell you there are as foule things in your owne booke, For doe you not say that the Church is committed to the Mistris of the Stewes, and ruled by the laws of a brothel-house,
It is spoken of the Popish Canon-law, which is an unfit to rule the Church of Christ, as the laws of a brothel-house to govern an honest woman.
And those laws are established by her Majesties lawes.
It would trouble the learnedst lawyer in England to prove that.
Then Baron Clarke began a voice, tending againe to compare my case to that of Mr. Stubs, and to perswade me to submit my selfe telling me what good I might doe, but because he spake low, and I said I did not well heare him, he gave over, and prayed the other to speake, who told mee his meaning, and then said.
Wee shall make short worke with you, will you here acknowledge all the Lawes Ecclesiasticall and Temporall of this Land, to bee agreeable to the word of God.
My Lord, I have disgrace enough upon mee already, you may easily perceive what I thinke of the present Ecclesiasticall government. I pray you presse me not with these things, I can yeeld no further then you have heard.
Then we must doe our office and pronounce sentence on you.
Gods will be done.
Yea Gods will be done on you indeed.
Then he gave sentence upon me and the rest, After which I did purpose to speake according to the last sentence after the reasons. But the ••amors of the other prisoners calling to the Judges to be good unto them disappointed mee thereof. Thus was I returned to prison, what will bee the issue I know not. The Lord turne to his glory the good of his Church, and shame of his foes, and then wel∣come life or death.
I being reprieved (as the Sheriffe said by her Majesties owne commandement) Doctor Bond one of the Queenes Chaplaines, came to me as from the Queene her selfe and from the Councel, with the submission that was tendered an•o to conferre with me Page 36 in generall, but specially to perswade me to yeeld thereunto, or to take the reasons of my refusall, after two dayes conference wee agreed upon a forme of submission, as followeth.
The Forme of that submission which was offered unto me, and I refused.
I Iohn Vdall, have bin hitherto by due course of Law convicted of felony, for penning and setting forth a certaine booke, called a Demonstration, of Disci∣pline, wherin false, slanderous and seditious matters are contained, against her Majesties Prerogative Royall, her Crown and Dignity and against the laws and Government Ecclesiasticall and temporall, established by Law under her highnesse, and tending to the erecting of a new forme of government con∣tray to Her said Lawes. All which points I do now by the grace of God per∣ceive to be very dangerous to the peace of this Realme and Church, sediti∣ous in the Common-wealth, and justly offensive to the Queenes most excel∣lent Majestie, so as thereby I now seeing the grievousnesse of this my offence, doe most humbly on my knees before God and this presence, submit my selfe to the mercy of her highnesse, being must sorry, that so deepely and worthily I have incurred her Majesties indignation against mee, promising if it shall please God to move her Royall heart to have compassion on mee, a most sorrowfull convicted Person, that I will for ever hereafter forsake all such undutifull and dangerous courses, and demeane my selfe dutyfully and peaceably to all authorities both Civill and Ecclesiasticall established in this Realme, for I doe acknowledge them to be both lawfull and godly, and to be obeyed of every faithfull Subject.
The Forme of that submission whereunto I did Consent and set my Hand.
With these three Protestations I doe submit my self in manner as followeth.
- 1. I hold the cause of Discipline debated in that booke to be an undoubted truth.
- 2. I never imagined any evill against her Majes∣ties Person or Estate, but have sought to honour them both▪
- 3. I never purposed to do or perswade any thing whereby the Discipline might be advanced but by peaceable meanes, endeavouring to keepe within the compasse of Law.
I Iohn Vdall,•ave been by due course of Law, convicted and condemned of Felony, for penning and publishing a certaine book called the Demonstration of Discipline,Page 37 In the Preface whereof some matter as also the manner of writing, I confesse to bee in some part so bitter and undutifull, as deserveth justly to bee censured and punished, and justly offensive to the Queenes most excellent Majestie: wherefore the tryall of the Law imputing unto me all such defaults as are in that booke, and laying the punishment of the same in most grievous manner upon me, and I seeing the grievousnesse of this offence, doe most humbly on my knees, as in the presence of God, submit my selfe to the mercy of her Highnesse, being most sorry that so deepe and just occasions should be given to procure her Majesties displeasure against me, promising that if it shall please God to move her Royall heart to have compassion on me a most sorrowfull condemned person, that I will for ever hereafter forsake all undutifull and dangerous courses, and demeane my selfe dutifully and peaceably as becommeth a Minister of the Gospel, and as a loyall subject to the Queens most Excellent Majestie.
At the same time that Doctor Bond was with me, I received a letter from a Friend of mine, that did solicite Sir Walter Rawleigh for mee, wherein were these words.
Hereupon I wrote a Letter to Sir Walter Rawleigh, and what I hold in these points as followeth.
To the right Honourable Sir WALTER RAWLEIGH, Knight, Lord Warden of the Stannery.
MY duty being remembred unto your Lordship, I humbly thanke your Honour for your great and honourable care over me and for my good; whereof I trust you shall never be ashamed, m•st humbly beseeching your good Lordship to be a meane to appease her Majesties indignation conceived against me, by meanes of some accusations untruely suggested; for God is my witnesse, I have never had any earthly thing in so precious ac∣compt as to honour her Highnesse, and to draw her Subjects to acknowledge with all thankefullnesse the exceeding blessings that God bestoweth upon them by her Majesties happy Government, whereof I trust mine adversaries will be witnesses when I am dead. I have sent unto your Lordship (as in perplexity I could upon the sodai•e) what I hold concerning certaine points declared unto me, as from your Lordship, praying that it would please you to make known the truth thereof unto her Highnesse: And if neither my submission heretofore delivered, nor these things now set down will be accepted to draw her Highnesse of her gracious compassion to pardon me, that yet it would please her Page 38 Majesty (that the Land may not be charged with my blood) to change my punishment from death to banishment. Thus trusting your Lordship will vouchsafe me this favour, and that it will please her Majesty thereupon graciously to consider of me, I humbly take my leave,
From the White-Lyon,Febr. 22. 1590.
Your Lordships to command, Iohn Vdall prisoner.
1. I do believe and have often preached, that the Church of England is a part of the true visible Church of Christ, and that the preaching of the word and administration of the Sacraments therein are the holy Ordinances of God, profitable and comfortable to every one that rightly partakes thereof. In which regard I have bin and do yet desire to be a preacher in the same Church▪ and have communicated in the Sacraments and Prayers therein, for the space of 7 yeares at Kingston, and about a yeare at Newcastle upon Tyne, immediatly before mine imprisonment, and therefore I do from my heart utterly renounce the Schisme whereinto the Brownists have fallen in condem∣ning the Churches of England, and separating themselves from communicat∣ing in the publique Ministery thereof.
2. I know no other but that the Statute Laws of this land do maintaine the holy Ministery of the word and Sacraments in such manner as any Chri∣stian may with a safe conscience both administer therein and communicate therewithall. Also that the Law which requireth a subscription to the Ar∣ticles of Religion so far as they contain the Doctrine of Faith and Sacraments is agreeable to the word of God.
3. I do believe that by the word of God her Majesty hath, and ought to have▪ a supreame Authority over all persons, in all causes, both Ecclesia∣sticall and Civill to inforce every man to do his duty and to be obedient in every thing that is not contrary to the word of God. And if the Prince should command any thing contrary to Gods word, it is not lawfull for the Subjects to rebell or resist, no not so much as in thought but with patience and hu∣mility to beare all the punishments layd upon them▪ seeking onely by Prayer to God, and supplication to Authority, and such like peaceable meanes to have •aults amended.
4. I do believe that by the word of God, the Churches rightly reformed ought to be governed Ecclesiastically by the Ministers, assisted with Elders, and this is not my private judgement▪ but such as I have learned out of the word of God, bin confirmed in by the writings of the most learned and godly men of ancient and latter times, and have seen practised with much peace and comfort in the best reformed Churches in Europe, and even by those Exiles which her Majesty to her great honour hath hitherto protected.
5. I do believe that the Censures of the Church ought meerely to concern the Soule, and may not impeach any Subject, much lesse any Prince, in the liberty of Body, Dominion, goods, or any earthly priviledge whatsoever; and that therefore the Papall Excommunication that deposeth Princes, and freeth their Subjects from their Allegiance or any part of Christian obedi∣ence to Civill Authority, is blasphemous against God, injurious to all men, Page 39 and directly contrary to Gods word: neither do I believe that a Christian Prince ought otherwise to be subject to the Censures of the Church, then our gracious Queene professeth her selfe to be unto the preaching of the word & administration of the Sacraments according to the doctrin of our Church in Mr. Nowells Catechisme and the Hom: of the right use of the Church, at this day appointed publiquely to be read.
If I understand of any other thing that I am charged to hold as a strange and private opinion, I would be willing to shew my minde freely in it; for my desire is, that her Highnesse might truely be informed of every thing that I holde: so should I be sure to obtaine her gracious favour, without which I do not desire to live.
These things thus passed, I remained as before, without any great hope of liberty, or feare of extremity, untill the next Assises drew neere, at last there came Mr. Nowell Deane of Pauls, and Mr. Doctor Andrews with a new sub∣mission yet containing nothing one clause excepted) which was not in the former, which I condescended unto, notwithstanding I refused presently to set my hand unto it▪ (though they promised in the name of the Councell, that in yeelding to it I should obtaine pardon and liberty, because I would do nothing without good advice and consideration.
The copie of the submission given me by Mr▪ Deane of Pauls, with his name to it as followeth.
I Iohn Vdall have bin heretofore by due course of Law, convicted and con∣demned of Felony, for penning and publishing a certaine Booke called The Demonstration of Discipline, in the Preface wherof some matter, as also the manner of handling of it. I confesse in some part to be so bitter and unduti∣full▪ as deserveth justly to be censured and punished according to the Laws of th•s Realme, established under her Highnesse, and justly offensive to the Queenes most excellent Majesty; wherefore I now seeing the grievousnesse of this offence do most humbly on my knees and in the presence of God submit my selfe to the mercy of her Highnesse, being most sorry that so deep and just occasion should be given to procure her Majesties d••pl••sure against me, promising that if it shall please God to move her Majesties Roy∣all h••rt to have compassion on me, a most sorrowfull condemned person, I will ever hereafter forsake all undutifull seditious and dangerous courses, and demeane my selfe dutifully and peaceably, as becomme•h a Minister of the Gospell, and a loyall Subject of the Queenes most Excellent Majesty.
When I had weighed with my selfe, that the clause which is added may admit a good interpretation, and the omitting of that which is left out of my former submission, causeth no ill sense of that which is set down I con∣descended Page 40 (being also advised thereunto by my good and godly friends) to set my hand unto it, and thereupon wrote a Letter unto Mr. Nowell as followeth.
RIght Worshipfull Mr. Deane, I praise God with all my heart, that authority hath so good remembrance of my lamentable Estate, and yet more that by the same I am for my forme of submission to deale with a man of that piety and wisedome, that you have bin worthtly in the Church long agone esteemed to be of, and so have continued to t••• reverend age that you are come unto. It may please you Sir to understand, that I have considered of the forme of submission, that your Worship brought unto mee, and find no∣thing in it, but that in a good conscience I can yeeld unto, for it requireth not of me any dentall or disallowance of the Cause of Discipline debated in the booke, for which I am in question, the substance of which doctrine I believe to be the undoubted truth of God, and therefore ought never to deny or disallow it: Notwithstanding with my perswasion I take God to witnesse, that I never purposed to doe or perswade any thing, whereby it might be advanced, but by peaceable meanes, endeavouring to keepe within the compasse of Law▪ Further also the said forme of submission, chargeth mee not with any malice a∣gainst her Majestie, from which likewise I acknowledge as in the presence of our Saviour Christ, that is ready to come to judge the quick and the dead, that I have bin alwayes free and have carried a Christian, loving and dutifull affection to her Majesties Royall person and estate, as I know by the word of God I ought to doe, which being so, I have resolved to satisfie the authority from which you brought me the said forme of submission, and at your good pleasure without further limitation simply to subscribe it.
Good Mr. Deane in the bowels of Christ have compassion of my estate, more wayes lamentable then I can in a few or many words expresse, or (as I thinke) any other but on∣ly the spirit that is taught to pray with groans that cannot be uttered, and in such christi∣an compassion by your favourable and earnest mediation to the authority that may re∣lieve me, procure my pardon and free discharge, of the dangers and troubles wherein I am, that I may say with the Prophet I shall not die, but live and declare the works of the Lord.
So shall not only my poore Wife and Children, but I hope many others praise God for you in that respect, and my selfe as beholding unto you in a case of life, continually pray for you your good estate to the Lord of life blessed for ever.
After I had thus set my hand hereunto, I advised also to write unto certaine of the Councell and other honourable persons besides, partly to let them understand in what sense I had yeelded hereunto, and partly to intreate their favour, and furthermore for my liberty: the copy of which letter (for it was the same word for word to every one, the Title of their severall e∣states excepted) here ensueth.
RIght Honourable my present lamentable condition enforceth me in most humble manner, to crave so much leisure of your Lordships from the weighty affaires of the State, as to consider of these few lines. The Reverend Mr. Nowell Deane of Paules, and Mr. Doctor Andrewes a few dayes agoe brought me forme of submission (as they said) from authority with hope of Page 41 favour for my life, if I would yeeld unto it. Whereof having considered and finding nothing in it, but which I had heretofore yeelded unto, when Mr. Doctor Bond was with me, one clause excepted, to wit, That the faults doe de∣serve to bee punished according to the Lawes of the Land. Which yet hath no such words but may beare so good a sense as I thinke may in such forme submit my selfe, without either condemning the suite for a further Reformation or my selfe as justly deserving by the Lawes to die. I cannot discerne sufficient cause to refuse it, for by the hardest word that I have by due course of Law bin convicted and condemned. I understand the forme of proceeding by in∣d••ment Arraignement, Jury, Witnesses and such like as also by that clause, that the manner of writing is in some part such as deserveth justly to be censured and pu∣nished by the lawes of this Land. I meane of such censures as the good Lawes of this Land administred with Justice do ordaine for punishing of such offen∣ces in the manner of writing which cannot bee of death without malice a∣gainst her Majestie. From which (I take Almighty God to witnesse) I have bin alwaies free. In regard wherof I feared lest I might be thought to stand too comentiously and undutifully with Authority, & too be to carelesse of mine owne estate, if I should not yeeld to such a form of submission as they brought unto me. Wherein having yeelded, as farre as in conscience I may, and as authority by their meanes requireth of mee. My most humble suite to your Lordships is that in your Christian and honourable compassion of my most lamentable estate, that that may please your Lordships by your favourable mediation to her excellent Majestie, to further my most humble suite, for my pardon and free discharge of these my grievous troubles. So shall I bee bound yet more heartily to praise God for your Honour, and to pray unto God for your prosperous estate long to endure to the glory of Almighty God, and to your own everlasting comfort.
WIthin foure or five dayes after Mr. Doctor Andrewes returned unto me, signifying that all that was done was mistaken, for that was not the submission that was meant of me, but another. Which when I had peru∣sed I sound it the same (onely the last clause left out) which was ostered mee by the Judges at the Assises. And he said the Clarke to whom the making of the letter to Mr. Nowel putting in one for another. And because I utterly refused to consult of it, as having yeelded before to so much as I might hee prayed me to understand what I tooke exceptions against and for what Rea∣sons. So wee entred into many discourses, as first how the Discipline could be said to be against the Queenes Prerogative Royall seeing it was (as I said I did beleeve) expressed in the Scriptures whereby all lawfull priviledges of Princes are warranted. Then we debeted whether the Supremacy of a chris∣tian Prince be the same with an Heathen, or diverse from it. After that whe∣ther the authority of Princes in making Church laws be dejurt, or de facto on∣ly. And lastly of the most points of discipline. Thus we continued 5 or 6 hours, and at last he would have no answer of me then, but he prayed me to advise of it, for he would come againe. I answered, that the oftner he came the wel∣comer Page 42 he should be, but I told him I would not accept of it, yet hee came twice after and tooke my reasons of my refusall to yeeld thereunto, and pro∣mising me all the favour he could procure me, he departed.
After this the Assises approaching, and the generall report being that it would go hard with me. I being desirous to use any good meanes, did not onely so∣licite the Earle of Essex, and Sir Walter Rawleigh, who had heretofore dealt for mee, but also I was advised to write againe unto Mr. Nowell, earnestly charging him to take my case to heart, seeing he had promised to procure me favour, whereupon I wrote unto him this letter following.
RIght Worshipfull Mr. Nowell, as I did rejoyce when I perceived that you were im∣ployed to deale with mee about my submission, because of that Reverend estimation that you have bin so long of among the Worthies in the Church of God, hoping, that I I should have found thereby, some comfortable meanes of meditation unto autho∣rity for my release, so I am now occaisoned to feare that all that credit with you are of, shall be used as an instrument to further and hasten extremity upon me. For so much time being passed since I voluntarily yeelded to that submission which you brought unto me and no liberty appearing from any place, but rather that being given out, that my sub∣mission shall be a speciall meanes to hasten my death, and no way to procure my liberty, I am constrained to write unto you, to let you understand, that as I looke for that end the next weeke at the Assises at Kingston (where I have been a Preacher) which hath so long bin threatned, but (to the doubling of my torments deferred, whereunto (I doubt not the Lord will strengthen me, as graciously he hath hitherto done. So I pray you as you will answer unto God for my blood, which I am perswaded your credit being imployed to the uttermost (as in the word and faith of a Christian you promised) might have preserved that you would so take my case to heart, as it may inforce you to leave no stone unturned which may either further my liberty, or at lest cleere your conscience from being any way accessary to my death. For it will one day bee an heavy thing to your heart, to thinke that you should be set on worke, and the accompt that is worthily made of you, imployed un∣der pretence, yea and as it were with assurance of life and liberty, to draw that from a Preacher and Professor of the gospel which afterward shall be used to hasten his end: and you will say it had bin better that you had never bin of any reckoning, then to bee made an Instrument to further such an action. This I write unto you not in any troubled affecti∣on with the feare of death, for I thanke God I am willing to end my daies, and (if it please the Lord) even in this manner and hope that my death shall further the cause, for which I suffer more then my life. But lest I should neglect any meanes which might seeme to be a furtherance to prevent the same, or leave that dutie unperformed unto you, which I take my selfe in conscience bound to discharge, the Lord make us willing and able to discharge every good dutie, that he enjoyneth us to his glory, the good of his Church, and our own comfort, whether by l•fe or death.
About the same time came a Letter from the King of Scotland to a Scotish Merchant, one Mr. Iohnson lying in London, to be delivered to her Majesty (as was said) being written in my behalfe, as he had done once before when I was close prisoner; this Letter did the Merchant deliver to her Majesty, and the Dean of Pauls upon my Letter went to the Councell, whereby whatsoever was wrought, as soone as the Judges heard that I was brought to KingstonePage 43 where the Assises were then kept, I was immediately returned unto the White-Lyon in the evening before the first day thereof. Afterward Mr. Iohnson had the Copy of the Kings Letter sent unto him, which then appeared to be written not for me alone, but also for the rest of my Brethren the Ministers in prison for the same cause of Discipline, the tenor of which Letter here followeth.
RIght Excellent high and mighty Princesse, our dearest Sister and Cousen, in our hear∣tiest manner we recommend us unto you: Heareing of the apprehension of Mr. Udall and Mr. Cartwright and certaine other Ministers of the Evangell within your Realme, of whose good erudition and fruitfull travells in the Church we heare a very credible commendation; howsoever that their diversitie from the Bishops and others of your Clergy, in matters touching them in conscience, hath bin a meane by their dilation to worke them your misliking; at this present we cannot (weighing the duty which we owe to such as are afflicted for their conscience in that profession) but by our most effectu∣ous and earnest Letter interpone us at your hands to any harder usage of them for that cause: Requesting you most earnestly, that for our cause and intercession it may please you to let them be relieved of their present straite, and whatsoever further accusation or pursuite depending on that ground, respecting both their former merit, in setting forth of the Evangell the simplicitie of their conscience in this defence, which cannot well be their let by compulsion, and the great slander which could not faile to fall out upon their further straiting for any such occasion, which we assure us your zeale to Religion, besides the expectation we have of your good will to pleasure us, will willingly accord to our re∣quest, having such proofes from time to time of our like disposition to you, in any matters which you recommend unto us. And thus Right Excellent, Right High and Mighty Prin∣ces our deare Sister and Cozen, we commit you to Gods good protection.
From Edenbo∣roughthe 12th' Day of June. 1591.
PResently upon these things fell out that wretched matter of that lewd fel∣low H•cket, whereby the adversary did take occasion so to slander the truth and to disgrace the Professors of the same unto her Majestie, that I thought it bootelesse to sue. And so I did little til the Lord Chancellor was dead and for∣gotten by such as were sorry for it, so that about Easter terme following, I su∣ed for liberty to goe to Church, which was denyed mee being a condemned man, but by the Lord Treasurers meanes I got a copy of my Inditement, which before I could not obtaine.
HEreupon I getting a pardon framed according to the Inditement, sent it with a Petition by my Wife to the Councell, who referred mee to the Arch-bishop, unto whom I both sent diverse Petitions and dutifull Letters, and also got many of my freinds both honourable personages and others, to sue to him, yet could not his good will be gotten. At last the Turkie merchants Page 44 having my consent to goe for a time into Guynea to teach their people, that a∣bide in that place, if they could procure my liberty sent unto him for his con∣sent▪ who promised his good will so that they would be bound that I should goe indeed, when I had my liberty. But when two of the Auncients of the Company went unto him for his hand thereunto, he would not yeeld it▪ un∣lesse they would be bound not onely that I should goe (which they were wil∣ling unto) but also that I should tarry there, till I had her Majesties licence to come thence.
This Condition they could not yeeld unto▪ for that I denyed to go upon a∣ny such ground, so was their suite and my hope of liberty at an end, saving that one Mr. Ca•ell who had bin the first beginner of it, and being to goe in∣to Turkie did most affect it, moved the Deane of Pauls in it, who thereupon wrote unto my Lord Keeper, perswading him of the conveniencie of that Journey for me, and my fitnesse thereunto, which letter when he received he did so deale with the Arch-bishop, as they both promising at their next mee∣ting at Court to deale with her Majestie, to signe my pardon, that so I might have liberty to goe the Voyage.