<P_1,171>

<heading>

<font> At the Assizes at </font> Croydon , (JUDALL-E2-P2,1,171.3)

<font> the 24th </font> July , . (JUDALL-E2-P2,1,171.4)

</heading>

Mr. <font> Udall </font> was called , and commanded to hold up his Hand
at the Bar ; who held up his Hand accordingly . (JUDALL-E2-P2,1,171.6)

Then was his Indictment read , being thus : <font> John Udall </font> ,
late of <font> London </font> Clerk , thou art indicted , <font> &c.
</font> The form of which Indictment was as against Murderers : namely
, That he not having the Fear of God before his Eyes , but being
stirred up by the instigation and motion of the Devil , did maliciously
publish a slanderous and infamous Libel against the Queen's Majesty ,
her Crown and Dignity . (JUDALL-E2-P2,1,171.7)

And being asked whether he were Guilty , or not Guilty , he answered
thus : (JUDALL-E2-P2,1,171.8)

<font> Udall . </font> My Lords , may it please you to hear me a word
or two ? (JUDALL-E2-P2,1,171.9)

<font> Judge Clarke . </font> Answer first to the Indictment ,
(JUDALL-E2-P2,1,171.10)

and then you shall be heard . (JUDALL-E2-P2,1,171.11)

<font> Udall . </font> My Lords , I beseech you hear me first a word or
twain . (JUDALL-E2-P2,1,171.12)

<font> Judge . </font> Say on . (JUDALL-E2-P2,1,171.13)

<font> Udall . </font> My Case is rare , and such as hath not been
heard of heretofore , (JUDALL-E2-P2,1,171.14)

and consisteth upon divers points of Law ; (JUDALL-E2-P2,1,171.15)

I humbly crave of your Lordships to grant me to answer by Counsel , if
it may be . (JUDALL-E2-P2,1,171.16)

<font> Judge Clarke . </font> You $can $not {TEXT:cannot} have it ,
(JUDALL-E2-P2,1,171.17)

and therefore answer to your Indictment . (JUDALL-E2-P2,1,171.18)

<font> Udall . </font> Then I answer <paren> my Lords </paren> , that I
am not Guilty . (JUDALL-E2-P2,1,171.19)

<font> Judge Clarke . </font> How wilt thou be tried ?
(JUDALL-E2-P2,1,171.20)

<font> Udall . </font> I do desire to be tried by an Inquest of learned
Men ; (JUDALL-E2-P2,1,171.21)

but seeing I shall not , I am contented to be tried by the ordinary
Course , as these Men before me are , that is <paren> as you use to say
</paren> by God and the Country . (JUDALL-E2-P2,1,171.22)

Then the Clerk of the Assizes said to the Parties arraigned , <paren>
after he had read the Names of the Jury before them </paren> These Men
whose Names you have heard , are to go upon your Lives and your Deaths
; (JUDALL-E2-P2,1,171.23)

look upon them when they are called to be sworn ,
(JUDALL-E2-P2,1,171.24)

and if you know any Cause , take exception against them .
(JUDALL-E2-P2,1,171.25)

Then the rest of the Felons having nothing to say , Mr. <font> Udall
</font> said , My Lords , I am ignorant of the Law in this Point ;
(JUDALL-E2-P2,1,171.26)

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 .
(JUDALL-E2-P2,1,171.27)

<font> Judge . </font> I think you will know a Cause in your Conscience
, before you challenge any of them . (JUDALL-E2-P2,1,171.28)

<font> Udall . </font> Then I pray you , my Lord , how many am I by Law
permitted to challenge ? (JUDALL-E2-P2,1,171.29)

<font> Judge . </font> Nay , I am not to tell you that ;
(JUDALL-E2-P2,1,171.30)

I sit to judge , and not to give you counsel . (JUDALL-E2-P2,1,171.31)

Then Mr. <font> Udall </font> keeping silence , Proclamation was made
according to the manner : That if any Man could give in Evidence
against <font> John Udall </font> , Prisoner at the Bar , that they
should come into the Court and be heard . (JUDALL-E2-P2,1,171.32)

Then Mr. <font> Daulton </font> stood up : (JUDALL-E2-P2,1,171.33)

And in the mean while Mr. <font> Udall </font> said to the Judges thus
; My Lords , I beseech you answer me to one question before Mr. <font>
Daulton </font> begins to speak . (JUDALL-E2-P2,1,171.34)

<font> Judge . </font> Say on . (JUDALL-E2-P2,1,171.35)

<font> Udall . </font> Is it permitted me by Law to answer to those
things in particular , which are brought to prove this Indictment ?
(JUDALL-E2-P2,1,171.36)

<font> Judge . </font> It is permitted . (JUDALL-E2-P2,1,171.37)

<font> Udall . </font> Then I humbly crave of your Lordships to grant
me two Petitions , which I think will greatly further both him in
speaking , me in answering , and also be a more ready help to the
memory of the Jury , that they may be able to bear the matter away .
(JUDALL-E2-P2,1,171.38)

<font> Judge . </font> What are your Petitions ?
(JUDALL-E2-P2,1,171.39)

<font> Udall . </font> The first is , that when Mr. <font> Daulton
</font> hath spoken to one Point what he can , I may answer to that
before he proceed any further , lest my Memory being overwhelmed with
multitude of matter , I should forget to answer to some Points of
Importance , and the Jury made less able to discern of the Particulars
. (JUDALL-E2-P2,1,171.40)

The second is , that it might please you to grant me to answer without
Interruption . (JUDALL-E2-P2,1,171.41)

<font> Judge . </font> You shall have them both granted .
(JUDALL-E2-P2,1,171.42)

<font> Dault. </font> Then Mr. <font> Daulton </font> said , Mr. <font>
Udall </font> , you have these petitions granted you ,
(JUDALL-E2-P2,1,171.43)

I desire the same of you . (JUDALL-E2-P2,1,171.44)

And then he desiring leave of the Judges , before he should prove the
Indictment , to say something touching this , that this Man , and such
as he is , do maintain , <font> &c. </font> (JUDALL-E2-P2,1,171.45)

After leave given him , he used a very long Speech , to the great
disgrace and slander of the Cause , and those Men that professed the
same , especially of Mr. <font> Udall : </font> (JUDALL-E2-P2,1,171.46)

and making mention in the same his Speech , of five several Books of
Common-Prayer , made by such as desire Reformation ; he affirmed , that
in one of the said Books there was a horrible Blasphemy , in these
words of the Consecration <P_1,172> of the Lord's Supper , <font> Take
, (JUDALL-E2-P2,1,172.47)

eat , (JUDALL-E2-P2,1,172.48)

this is my Body ; (JUDALL-E2-P2,1,172.49)

drink , (JUDALL-E2-P2,1,172.50)

this is my Blood . </font> (JUDALL-E2-P2,1,172.51)

Then he cried out , saying , <font> Oh horrible Blasphemy ! </font>
(JUDALL-E2-P2,1,172.52)

And taking occasion upon the variety of these Books , he affirmed that
there was no constancy in these Men : (JUDALL-E2-P2,1,172.53)

And whereas one of the Books doth allow , that over every Congregation
there should be a faithful Pastor ; that is , quoth he , a Shepherd ,
whereby they may take the Government out of her Majesty's hand , and so
bring her Majesty to be one of their Sheep ; (JUDALL-E2-P2,1,172.54)

no , quoth he , her Majesty is no Sheep under any Shepherd in the World
, except Christ : (JUDALL-E2-P2,1,172.55)

and for the Government that these Men do seek for , I am assured there
is none such to be found in the Word of God . (JUDALL-E2-P2,1,172.56)

<font> Udall . </font> Mr. <font> Daulton </font> hath used a very
large Speech , which doth nothing concern to prove the Indictment , or
me in particular ; (JUDALL-E2-P2,1,172.57)

and therefore seeing I am not called hither to dispute <paren> as if I
would , I should not be permitted </paren> I will not answer it ;
(JUDALL-E2-P2,1,172.58)

only thus much will I say <paren> if it please your Lordships </paren>
that seeing Mr. <font> Daulton </font> is by Profession a Lawyer , and
the Cause is yet in question amongst the learned Divines , $me $thinks
{TEXT:methinks} it had been more modesty for Mr. <font> Daulton </font>
to have suspended his Judgment until the Controversy had been
determined amongst them , to whose Profession it belongeth : especially
seeing Mr. <font> Daulton </font> knoweth in his Conscience , that he
hath heretofore carried some shew of liking to the Cause , which now he
speaketh against . (JUDALL-E2-P2,1,172.59)

<font> Judge . </font> Sirrah , Sirrah , answer to the matter that Mr.
<font> Daulton </font> hath against you ; (JUDALL-E2-P2,1,172.60)

Mr. <font> Daulton </font> , proceed to the proof of the points of the
Indictment . (JUDALL-E2-P2,1,172.61)

<font> Dault. </font> My Masters , you of the Jury , <font> &c. </font>
I will prove , First , That he had a malicious Intent in making of this
Book : Secondly , that he is the Author of it : And Thirdly , That
these matters contained in the Indictment are Felony , by the Statute
<font> Eliz. </font> 23 . <font> cap. </font> 2 .
(JUDALL-E2-P2,1,172.62)

Then was Mr. <font> Beadle </font> the Register called , who was sworn
, that these Examinations following were as the Parties themselves
confessed the same : (JUDALL-E2-P2,1,172.63)

And to prove the first , the Clerk of the Assizes caused <font> Stephen
Chatfield </font> to be called into the Court , to give in Evidence
against <font> John Udall </font> ; (JUDALL-E2-P2,1,172.64)

but he appeared not at all , for which the Judges were offended ;
(JUDALL-E2-P2,1,172.65)

and Serjeant <font> Puckering </font> said , there was a Warrant sent
for him : whereupon some standing by affirmed , that the Warrant came
after his departure from home . (JUDALL-E2-P2,1,172.66)

Then Mr. <font> Daulton </font> said , that he went out of the way of
purpose ; (JUDALL-E2-P2,1,172.67)

and Judge <font> Clarke </font> said , Mr. <font> Udall </font> , you
are glad of that . (JUDALL-E2-P2,1,172.68)

Mr. <font> Udall </font> answered ; (JUDALL-E2-P2,1,172.69)

<font> Udall . </font> My Lords , I wish heartily he had been here ;
(JUDALL-E2-P2,1,172.70)

for as I am sure he never could say any thing against me to prove this
point , so I have heard and am able to prove it to be true , that he is
very sorry that ever he made any complaint against me , confessing he
did it in his Anger , when <font> Martin </font> came first out ; and
by their Suggestions , whom he hath proved since by Experience to be
very bad Men . (JUDALL-E2-P2,1,172.71)

<font> Daulton </font> It is no great matter whether he be here or no ,
(JUDALL-E2-P2,1,172.72)

for we have his Articles against you , and your own Confession , to
prove this point sufficiently . (JUDALL-E2-P2,1,172.73)

Then were Mr. <font> Chatfield </font> 's Articles <paren> that he
brought to the Archbishop against Mr. <font> Udall </font> </paren>
read by the Clerk , containing a Report of certain written Papers ;
tending , as he supposed , to the making of such a Book as this is :
(JUDALL-E2-P2,1,172.74)

and thereupon asked Mr. <font> Udall </font> whose writing they were ;
who answered , they are a Friend's of mine : whereunto <font> Chatfield
</font> replied , wishing him to take heed of them , and to rid his
hands of them , and to return them to his Friend from whom he had them
, (JUDALL-E2-P2,1,172.75)

for he doubted they concerned the State . (JUDALL-E2-P2,1,172.76)

These Papers he saw in Mr. <font> Udall </font> 's Study at <font>
Kingston </font> . (JUDALL-E2-P2,1,172.77)

Also he further saith , that at another time , he having conferred with
Mr. <font> Udall </font> in a certain Field by <font> Kingston </font>
, called <font> Little-field </font> , about this putting to silence ;
he saith , that the said Mr. <font> Udall </font> uttered these words ,
That if they put him to silence , he would give the Bishops such a Blow
, as they never had . (JUDALL-E2-P2,1,172.78)

<font> Udall . </font> May it please your Lordships that I may answer
to these things in particular ? (JUDALL-E2-P2,1,172.79)

<font> Judge . </font> Say on , (JUDALL-E2-P2,1,172.80)

let us hear your answer . (JUDALL-E2-P2,1,172.81)

<font> Udall . </font> I was accused this time two Years upon the words
of <font> Chatfield </font> , that these Papers that he did see in my
Study , should be the matter of <font> Martin-Mar-Prelate </font> ;
(JUDALL-E2-P2,1,172.82)

and because I cleared my self of that , it is now brought to prove
another matter : (JUDALL-E2-P2,1,172.83)

but it proveth nothing , unless it were set down in particular what
they were . (JUDALL-E2-P2,1,172.84)

<font> Dault. </font> It proveth this , that you had a purpose to write
this Book ; (JUDALL-E2-P2,1,172.85)

and those things were Collections from your Friends , and Preparations
thereunto . (JUDALL-E2-P2,1,172.86)

<font> Udall . </font> Let the Jury consider how that Point is prov'd
by it . (JUDALL-E2-P2,1,172.87)

Besides , it may be prov'd , that this Book was extant in Men's hands
before the Conference between <font> Chatfield </font> and me ;
(JUDALL-E2-P2,1,172.88)

therefore how can it be prov'd that this is the Book that should give
them such a Blow ? (JUDALL-E2-P2,1,172.89)

<font> Dault. </font> But you $can $not {TEXT:cannot} deny the second
Point , that you had a pretended Malice , (JUDALL-E2-P2,1,172.90)

for it is extant in your own Confession : (JUDALL-E2-P2,1,172.91)

Read his Answer to those Articles of Mr. <font> Chatfield </font> .
(JUDALL-E2-P2,1,172.92)

Then the Clerk read his Answer to this effect , That if the Bishops put
him to silence , they would give him Occasion and Leisure to be
imployed in writing against them . (JUDALL-E2-P2,1,172.93)

Then said Mr. <font> Daulton </font> , Is not this most evident ,
(JUDALL-E2-P2,1,172.94)

what can be plainer than it is ? (JUDALL-E2-P2,1,172.95)

<font> Udall . </font> I pray your Lordships give me leave to explain
these things . (JUDALL-E2-P2,1,172.96)

<font> Judge . </font> Say on , (JUDALL-E2-P2,1,172.97)

and be brief . (JUDALL-E2-P2,1,172.98)

<font> Udall . </font> Mr. <font> Chatfield </font> told me , that he
was commanded to come to <font> Kingston </font> and be resident there
, of purpose that I might be put to silence , and that there might not
appear any want of a Preacher , I being put down ; whereupon I said ,
in effect , as is above rehearsed : (JUDALL-E2-P2,1,172.99)

But I pray you hear in what sense these words were uttered .
(JUDALL-E2-P2,1,172.100)

<font> Judge . </font> The Matter is clear , (JUDALL-E2-P2,1,172.101)

and we see what you can say to it well enough ;
(JUDALL-E2-P2,1,172.102)

proceed , Mr. <font> Daulton </font> , to the Proof of the second Point
. (JUDALL-E2-P2,1,172.103)

<font> Dault. </font> And that you be the Author of this slanderous and
infamous Libel , it shall be proved clearly to the Jury before your
face . (JUDALL-E2-P2,1,172.104)

Then said he to the Clerk , Read the Answer of <font> Nicholas
Thompkins </font> , which was made upon his Oath before her Majesty's
High-Commissioners . (JUDALL-E2-P2,1,172.105)

Then was read to this effect , that <font> Thompkins </font> knew that
Mr. <font> Udall </font> was the Author of that Book call'd <font> The
Demonstration </font> , for he said that Mr. <font> Udall </font>
himself told him so . Also that he saw either in Mr. <font> Udall
</font> 's House , or in some other Place in <font> Kingston </font> ,
a Catalogue of all the Books that Mr. <font> Udall </font> had made ,
amongst which <font> The Demonstration </font> was one .
(JUDALL-E2-P2,1,172.106)

<font> Judge . </font> You see here that this is clear , and a
sufficient Testimony . (JUDALL-E2-P2,1,172.107)

<font> Udall . </font> It carried some shew , (JUDALL-E2-P2,1,172.108)

but it is nothing . (JUDALL-E2-P2,1,172.109)

<font> Judge . </font> Do you call the Testimony of one being an honest
Man , and upon his Oath , before the High-Commissioners , to be nothing
? (JUDALL-E2-P2,1,172.110)

Can you answer it ? (JUDALL-E2-P2,1,172.111)

<P_1,173>

<font> Udall . </font> My Lords , I answer it thus , denying it to be
his Testimony ; (JUDALL-E2-P2,1,173.113)

for if it be , why is he not present to verify it face to face ,
according to the Law ? (JUDALL-E2-P2,1,173.114)

<font> Judge Puck. </font> It is verified to be his true answer , under
the hands of Dr. <font> Auberie </font> and Dr. <font> Lewen </font> ,
the latter whereof confirmed it before me upon his corporal Oath .
(JUDALL-E2-P2,1,173.115)

<font> Dault. </font> You can take no Exceptions against that ,
(JUDALL-E2-P2,1,173.116)

and will you say he is not an honest Man ? (JUDALL-E2-P2,1,173.117)

<font> Udall . </font> I am persuaded he was amazed , and answered he
knew not what : (JUDALL-E2-P2,1,173.118)

for he hath reported it so diversly , that it seemeth he remembreth not
what he said . (JUDALL-E2-P2,1,173.119)

<font> Judge . </font> But the Oath of <font> Thompkins </font> is to
be preferred before his Report . (JUDALL-E2-P2,1,173.120)

<font> Udall . </font> My Lords , I answer ; (JUDALL-E2-P2,1,173.121)

I protest unto you , <paren> and will verify it upon my Oath , if it
please you </paren> that he told me the day before I was committed , at
his Master's House , that he could not say , neither would he for a
thousand Pounds affirm any more than this , that he heard me say I
would not doubt but set my Name to that Book if I might have
indifferent Judges . (JUDALL-E2-P2,1,173.122)

And further <paren> if it please you , my Lords </paren> here are some
Witnesses that upon their Oaths will testify , how diversly he hath
reported of his Confession to this thing , if it please your Lordships
to accept them . (JUDALL-E2-P2,1,173.123)

And the Witnesses offering themselves to be heard , were answered ,
that because their Witness was against the Queen's Majesty , they could
not be heard . (JUDALL-E2-P2,1,173.124)

And after other Speeches passing , Mr. <font> Udall . </font> said
{COM:sic} ; (JUDALL-E2-P2,1,173.125)

<font> Udall . </font> My Lords , the Speech of the Catalogue is most
vain , (JUDALL-E2-P2,1,173.126)

and hath no Sense in it ; (JUDALL-E2-P2,1,173.127)

for can I have made so many Books , as that I need make a Catalogue of
them ? (JUDALL-E2-P2,1,173.128)

It may be , my Lords , he saw a Catalogue of the Books in my Study ,
wherein if that were one , it is rather an Argument that I made it not
; (JUDALL-E2-P2,1,173.129)

for Men use not to put their own Works in the Catalogue of those that
they have in their Study . (JUDALL-E2-P2,1,173.130)

<font> Dault. </font> You of the Jury consider this , that <font>
Thompkins </font> was Mrs. <font> Crane </font> 's Man , and one that
was privy to all the Printing that was at her House ; and Mr. <font>
Udall </font> used to go often thither . (JUDALL-E2-P2,1,173.131)

<font> Udall . </font> All that is nothing to me :
(JUDALL-E2-P2,1,173.132)

what if I used to go thither , (JUDALL-E2-P2,1,173.133)

she is of my Acquaintance , (JUDALL-E2-P2,1,173.134)

I know her to be an honest Gentlewoman ; (JUDALL-E2-P2,1,173.135)

what can you gather by any of these things ? (JUDALL-E2-P2,1,173.136)

Why is not <font> Thompkins </font> here to declare his Testimony , and
to say what he can ? (JUDALL-E2-P2,1,173.137)

<font> Dault. </font> He is beyond the Seas about Merchandizes , sent
away by Mr. <font> Gore </font> , who married Mrs. <font> Crane </font>
's Daughter . (JUDALL-E2-P2,1,173.138)

<font> Udall . </font> How doth that appear ? (JUDALL-E2-P2,1,173.139)

He is no Merchant , but a Serving-Man ; (JUDALL-E2-P2,1,173.140)

and if he were , what is that to me ? (JUDALL-E2-P2,1,173.141)

But it $can $not {TEXT:cannot} be proved that Mr. <font> Gore </font>
did send him , so that here is nothing but bare Papers to shew for
Evidence against me . (JUDALL-E2-P2,1,173.142)

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 Oaths of others .
(JUDALL-E2-P2,1,173.143)

And then the Judge said , (JUDALL-E2-P2,1,173.144)

<font> Judge . </font> What say you ? (JUDALL-E2-P2,1,173.145)

Did you make the Book , <font> Udall </font> , yea or no ?
(JUDALL-E2-P2,1,173.146)

What say you to it , (JUDALL-E2-P2,1,173.147)

will you be sworn ? (JUDALL-E2-P2,1,173.148)

Will you take your Oath that you made it not ? (JUDALL-E2-P2,1,173.149)

We will offer you that Favour which never any indicted of Felony had
before ; (JUDALL-E2-P2,1,173.150)

take your Oath , (JUDALL-E2-P2,1,173.151)

and swear you did it not , (JUDALL-E2-P2,1,173.152)

and it will suffice . (JUDALL-E2-P2,1,173.153)

<font> Udall . </font> My Lords , I pray you hear me to this :
(JUDALL-E2-P2,1,173.154)

If I would have done so before the Lords of her Majesty's Privy-Council
that committed me , I had not come hither ; (JUDALL-E2-P2,1,173.155)

but I neither then might , nor may do so now , whereof I pray you let
me shew a Reason to the Jury . (JUDALL-E2-P2,1,173.156)

I and many more do think the Book to be good , for any thing we can
find in it , and to be written in defence of a Cause which we take to
be most true . (JUDALL-E2-P2,1,173.157)

Now the Author is sought for , that he may be punished for some
Speeches that may be wrested in the Book ; (JUDALL-E2-P2,1,173.158)

therefore lest he should be found <paren> if one after another that are
suspected do deny it </paren> it is thought best every one neither to
confess nor to deny , yea altho' we suffer some Punishment , rather
than the Author , being found out , should suffer Extremity .
(JUDALL-E2-P2,1,173.159)

<font> Judge . </font> Nay , this is but a shift ,
(JUDALL-E2-P2,1,173.160)

I will go further with you ; (JUDALL-E2-P2,1,173.161)

Will you but say upon your Honesty that you made it not ,
(JUDALL-E2-P2,1,173.162)

and you shall see what shall be said unto you ?
(JUDALL-E2-P2,1,173.163)

<font> Udall . </font> My Lords , it is all one ,
(JUDALL-E2-P2,1,173.164)

I make a Conscience of my Word as of my Oath , (JUDALL-E2-P2,1,173.165)

for I must give account for both . (JUDALL-E2-P2,1,173.166)

This is no direct Course in this Place . (JUDALL-E2-P2,1,173.167)

<font> Judge . </font> You of the Jury consider this .
(JUDALL-E2-P2,1,173.168)

This argueth , that if he were not guilty , he would clear himself ,
(JUDALL-E2-P2,1,173.169)

and consider well of it . (JUDALL-E2-P2,1,173.170)

And then speaking to Mr. <font> Udall </font> , he said , Do not stand
in it , (JUDALL-E2-P2,1,173.171)

but confess it , (JUDALL-E2-P2,1,173.172)

and submit your self to the Queen's Mercy , before the Jury find you
guilty . (JUDALL-E2-P2,1,173.173)

<font> Udall . </font> My Lord , I answer , that according to my
Indictment I am not guilty , every Point whereof must be proved ,
(JUDALL-E2-P2,1,173.174)

or else the whole is false . (JUDALL-E2-P2,1,173.175)

And I beseech your Lordships give me leave , (JUDALL-E2-P2,1,173.176)

and I will be very brief : (JUDALL-E2-P2,1,173.177)

My Conscience doth not accuse me that I have so much as offended her
Majesty , her Council , or the meanest of her People in any thing I
have done concerning this Cause ; (JUDALL-E2-P2,1,173.178)

for if I should , of all other I deserved the least Favour , being one
that professed to teach others Loyalty to her Majesty , and Love to one
another : (JUDALL-E2-P2,1,173.179)

and would you have me to confess a Fault where there is none ?
(JUDALL-E2-P2,1,173.180)

No , I $can $not {TEXT:cannot} do it , neither will I : wherefore
proceed in your Course begun . (JUDALL-E2-P2,1,173.181)

<font> Dault. </font> We have more Proof than this , tho' yet this were
sufficient of itself ; wherefore read the other Examinations .
(JUDALL-E2-P2,1,173.182)

Then was read the Confession of <font> Henry Sharpe </font> of <font>
Northampton </font> , who upon his Oath , before my Lord Chancellor ,
had said , that he heard Mr. <font> Penry </font> say , that Mr. <font>
Udall </font> was the Author of <font> The Demonstration </font> .
(JUDALL-E2-P2,1,173.183)

<font> Udall . Sharpe </font> and I were never above once in Company
together <paren> to my remembrance </paren> , (JUDALL-E2-P2,1,173.184)

neither knew he ever any of my Dealings . (JUDALL-E2-P2,1,173.185)

This is nothing to prove me the Author of the Book :
(JUDALL-E2-P2,1,173.186)

Reports be uncertain ; (JUDALL-E2-P2,1,173.187)

and if Reports be true , the Archbishop himself told me , that Mr.
<font> Penry </font> made it ; which is more forcible for me than any
of <font> Sharpe </font> 's Reports can be against me .
(JUDALL-E2-P2,1,173.188)

<font> Dault. </font> You mistake the Matter , (JUDALL-E2-P2,1,173.189)

the force of the Point resteth in Mr. <font> Penry </font> 's Report ,
who was one of your great Acquaintances and Familiars ;
(JUDALL-E2-P2,1,173.190)

and you , and <font> Waldgrave </font> , and he , were at Mrs. <font>
Crane </font> 's House . (JUDALL-E2-P2,1,173.191)

<font> Udall . </font> Here is one Man's saying that another said so ;
(JUDALL-E2-P2,1,173.192)

let the Jury consider of what force this Proof is ;
(JUDALL-E2-P2,1,173.193)

if you have any more , let it appear . (JUDALL-E2-P2,1,173.194)

<font> Judge Clarke . </font> You of the Jury have not to enquire
whether he be guilty of the Felony , but whether he be the Author of
the Book ; (JUDALL-E2-P2,1,173.195)

for it is already set down by the Judgment of all the Judges in the
Land , that whosoever was Author of the Book , was guilty by the
Statute of Felony , (JUDALL-E2-P2,1,173.196)

and this is declared above half a year agone . (JUDALL-E2-P2,1,173.197)

<P_1,174>

<font> Udall . </font> Tho' it be so determined already , yet I pray
your Lordships give me leave to shew that which I have to say ,
(JUDALL-E2-P2,1,174.199)

and I will be very brief ; (JUDALL-E2-P2,1,174.200)

and it is to prove , that tho' I were found to be the Author , yet it
$can $not {TEXT:cannot} be within the Compass of the Statute , <font>
Anno </font> 23 <font> Eliz. cap. </font> 2 . whereupon the Indictment
is framed . (JUDALL-E2-P2,1,174.201)

<font> Judge . </font> You shall be heard to say for yourself what you
can , (JUDALL-E2-P2,1,174.202)

therefore say on . (JUDALL-E2-P2,1,174.203)

<font> Udall . </font> Tho' I be not by Profession a Lawyer , yet I
think I can shew it clearly by these Reasons following :
(JUDALL-E2-P2,1,174.204)

<paren> 1 . </paren> (JUDALL-E2-P2,1,174.205)

The intent of the Law-makers <paren> which always is to be regarded in
these Cases </paren> is to be considered , which appeareth in the
Preface of the Statute in these words , <font> To frustrate the Malice
of those that be evil-affected to her Highness </font> .
(JUDALL-E2-P2,1,174.206)

Now I pray you consider this (JUDALL-E2-P2,1,174.207)

how can it be ? (JUDALL-E2-P2,1,174.208)

or how is it possible that a Preacher , of the same Religion which her
Majesty professeth and maintaineth , who is known continually to pray
unto God for her Highness's Prosperity and Happiness , both-5 of Soul
and Body ; how is it possible , I say , that such a one should be
maliciously affected towards her ? (JUDALL-E2-P2,1,174.209)

Therefore it is evident that the Statute was made against the Papists ,
who use to slander her Highness with the Terms of Heretick , <font> &c.
</font> and no way against us ; (JUDALL-E2-P2,1,174.210)

for I dare boldly say of my self , and in the name of all my Brethren ,
Cursed is he of God , and he deserveth doubtless to be hated of Men ,
that doth imagine the least hurt against her Highness .
(JUDALL-E2-P2,1,174.211)

<paren> 2 . </paren> (JUDALL-E2-P2,1,174.212)

The Matter that maketh a Man a Felon by that Statute , must proceed
from a malicious Intent against her Highness , which I or any such as I
am can no way justly be charged with ; partly for that which is said
before , and partly for that my Course of teaching and living in this
Country these nine years <paren> saving this last Year , wherein I have
been absent </paren> is known to have tended to no other end , than the
provoking and persuading of the People to like and yield Obedience unto
her Majesty , and the Religion received in her Dominions : for the
Proof whereof , I refer my self to the Consciences of all Men in the
Country that have known me . (JUDALL-E2-P2,1,174.213)

And further , is it likely , that I who have been trained up in the
Universities under her Majesty's Protection , and have always bended my
Studies to the Advancement of the Sincerity of the Gospel ; so that
those small Crumbs of Learning which I have gathered , I do acknowledge
to have received by her Majesty's means : (JUDALL-E2-P2,1,174.214)

These things considered , how can it be that I should be evil-affected
towards her Highness , whom I protest I unfeignedly reverence ?
(JUDALL-E2-P2,1,174.215)

And therefore the worst that the Author can be charged withal , is his
Over-heat and too much Vehemency , by reason of his Zeal against the
Abuses , and not any Malice against her Majesty , or the meanest of her
Subjects . (JUDALL-E2-P2,1,174.216)

Again , the Matter , to bring it within the Compass of the Statute ,
must be false : (JUDALL-E2-P2,1,174.217)

But this Book is written in the behalf of a most true Cause .
(JUDALL-E2-P2,1,174.218)

Lastly , The End of it must be either-1 to the Defamation of the
Queen's Majesty , or stirring up of Insurrection , Sedition , or
Rebellion : (JUDALL-E2-P2,1,174.219)

For the former , I trust that the whole Course of our Behaviour ,
both-1 in our Ministry and Conversation , declareth it self to be so
far from seeking to defame her Highness , as it tendeth , to the
uttermost of our Powers , to the Advancement of her Honour .
(JUDALL-E2-P2,1,174.220)

For I am persuaded that there is none of us that would refuse to
undergo any Pain , whereby her Majesty might any way be the better
honoured ; (JUDALL-E2-P2,1,174.221)

yea , we would not refuse , if need so required , to lay down our Lives
for redeeming of the least aking of her Majesty's little Finger ,
wherewith she might be grieved . (JUDALL-E2-P2,1,174.222)

Now for the second End , which is the moving or stirring up of
Rebellion , <font> &c. </font> I pray your Lordships , and you of the
Jury to consider this : (JUDALL-E2-P2,1,174.223)

There have been , since the first day of her Majesty's Reign , learned
Men , that have desired the Advancement of this Cause , and many of the
People that affected it , (JUDALL-E2-P2,1,174.224)

and yet hath it never appeared , that by Occasion hereof , there hath
in all this time been any in any Place that have raised any
Insurrection or Sedition : (JUDALL-E2-P2,1,174.225)

yea this Book , which is now in question , hath been extant these two
years ; (JUDALL-E2-P2,1,174.226)

yet I trust neither your Lordships , nor any here present can shew that
any People in any Corner of the Land , nay it $can $not {TEXT:cannot}
be justly proved that any one Person hath taken any occasion hereby to
enterprize any such matter : (JUDALL-E2-P2,1,174.227)

and therefore the making of this Book $can $not {TEXT:cannot} be Felony
. (JUDALL-E2-P2,1,174.228)

Besides all this , if there had been any such thing meant by the Author
, or received by the People , as the Indictment chargeth me withal ,
<paren> which is the Defamation of her Highness's Government </paren>
yet , as I take it , it should not be Felony by that Statute ;
(JUDALL-E2-P2,1,174.229)

for the whole Course of it declareth , that it is only meant of them
that defame her Highness's 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 with her Majesty's Life .
(JUDALL-E2-P2,1,174.230)

And we may not think their Wisdoms that made the Law to be so unadvised
, as to make a Law for the Preservation of the Prince's Government ,
which is continual , to last no longer than the Life of one Prince ,
which is temporary : (JUDALL-E2-P2,1,174.231)

therefore it seemeth that the Statute hath no further regard than this
, that her Highness's Person might be preserved in that Honour and
Dignity , which becometh her Royal Dignity and Estate .
(JUDALL-E2-P2,1,174.232)

And I do beseech your Lordships to answer me , (JUDALL-E2-P2,1,174.233)

for I appeal to your Consciences , as you will answer to God for my
Life ; (JUDALL-E2-P2,1,174.234)

and I pray you tell the Jury , whether you do think the Intent of the
Statute were in any sort meant against us , and not rather against the
Papists . (JUDALL-E2-P2,1,174.235)

<font> Judge Puck. </font> Judge <font> Puckering </font> said , You do
not well to charge us so with our Consciences , which God only is to
know . (JUDALL-E2-P2,1,174.236)

I answer you , the Intent of the Statute is against all ,
(JUDALL-E2-P2,1,174.237)

for so the words are . (JUDALL-E2-P2,1,174.238)

<font> Udall . </font> The words , my Lord , I confess are so ;
(JUDALL-E2-P2,1,174.239)

but is the principal Intent so ? (JUDALL-E2-P2,1,174.240)

<font> Judge . </font> Yes , it is so . (JUDALL-E2-P2,1,174.241)

<font> Judge Clarke . </font> We have heard you speak for your self to
this Point at large , which is nothing to excuse you ;
(JUDALL-E2-P2,1,174.242)

for you $can $not {TEXT:cannot} excuse your self to have done it with a
malicious Intent against the Bishops , and that exercising their
Government which the Queen hath appointed them ,
(JUDALL-E2-P2,1,174.243)

and so it is by consequence against the Queen .
(JUDALL-E2-P2,1,174.244)

<font> Udall . </font> My Lords , I am persuaded the Author did it not
of any Malice against them ; (JUDALL-E2-P2,1,174.245)

and for my self , I protest I wish them as much good as I do to my own
Soul , (JUDALL-E2-P2,1,174.246)

and will pray to God to give them Repentance . (JUDALL-E2-P2,1,174.247)

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 unlawful by the Word of God , but also
for that they do not the tenth part of that good <paren> even in those
corrupt Callings </paren> which by Law they might do ;
(JUDALL-E2-P2,1,174.248)

and I am persuaded that your Lordships know in your own Consciences ,
that they do not the tenth part of that they are bound to do .
(JUDALL-E2-P2,1,174.249)

<P_1,175>

<font> Judge Clarke . </font> That is true , (JUDALL-E2-P2,1,175.251)

they do not the good that they might do ; (JUDALL-E2-P2,1,175.252)

but yet that doth not excuse you : (JUDALL-E2-P2,1,175.253)

for it is plain in your Book , that you writ not against them only ,
but you writ against the State ; (JUDALL-E2-P2,1,175.254)

for is it not against the State , when you say , that it is easier to
live in <font> England </font> a Papist , an Anabaptist , of the Family
of Love , and what not ? (JUDALL-E2-P2,1,175.255)

Yea , you say , I could live so in a Bishop's House , it may be these
twenty years , and never be much molested for it .
(JUDALL-E2-P2,1,175.256)

What is this but a plain slandering of the State ?
(JUDALL-E2-P2,1,175.257)

And mark the words , (JUDALL-E2-P2,1,175.258)

for you say , you could live so in <font> England : </font>
(JUDALL-E2-P2,1,175.259)

And doth her Majesty's Laws allow of Papists ? (JUDALL-E2-P2,1,175.260)

This maketh evidently against you , (JUDALL-E2-P2,1,175.261)

and it is so plain that you $can $not {TEXT:cannot} deny it .
(JUDALL-E2-P2,1,175.262)

<font> Udall . </font> My Lords , if it might please you to hear me a
word or two , I will shew the meaning of the Author of the Book ;
(JUDALL-E2-P2,1,175.263)

I beseech you to hear me , (JUDALL-E2-P2,1,175.264)

and I will be very brief : (JUDALL-E2-P2,1,175.265)

I know the Laws of <font> England </font> do not allow of any such are
mentioned in the Book , (JUDALL-E2-P2,1,175.266)

for there are godly Laws made for the punishing of them , if they were
put in execution . (JUDALL-E2-P2,1,175.267)

But this I take to be the Author's Meaning : That it is not spoken in
respect of her Majesty's Government and Laws , but in respect of the
Bishops , whom your Lordships know to be wholly imployed in finding us
out , and punishing of us , not regarding <paren> in a manner </paren>
the punishing any Sin else . (JUDALL-E2-P2,1,175.268)

<font> Judge . </font> What , Sirrah , will you not confess any Fault
to be in the Book ? (JUDALL-E2-P2,1,175.269)

You seek to excuse all . (JUDALL-E2-P2,1,175.270)

<font> Udall . </font> My Lords , I do acknowledge that there was never
any Work of Man so perfect , but there have been imperfections in the
same ; (JUDALL-E2-P2,1,175.271)

and therefore there may be some fault in the Manner , but surely none
in the Matter : (JUDALL-E2-P2,1,175.272)

for the Bishops themselves will confess that they may fail in their
Actions , and be partial <paren> as they are Men </paren> in the manner
of handling any thing . (JUDALL-E2-P2,1,175.273)

So also the Author of this Book being assured that the Matter is
without reproof , may err in the Manner , being over-zealous in the
handling of it ; (JUDALL-E2-P2,1,175.274)

and this fault I will easily confess to be in the Book , my Lord :
(JUDALL-E2-P2,1,175.275)

but I am sure the Author never had any malicious Intent against her
Highness , or any of her Subjects . (JUDALL-E2-P2,1,175.276)

<font> Judge Clarke . </font> This Book hath made you to come within
the Compass of the Statute , tho' your Intent were not so :
(JUDALL-E2-P2,1,175.277)

for I am sure there was Mr. <font> Stubbs </font> , well known to
divers here , to be a good Subject and an honest Man ;
(JUDALL-E2-P2,1,175.278)

yet taking upon him to write a Book against her Majesty touching <font>
Mounseir </font> , he thereby came within the Compass of Law , which he
intended not in making of the Book ; (JUDALL-E2-P2,1,175.279)

and I am persuaded , that he did it of a good affection towards her
Majesty ; (JUDALL-E2-P2,1,175.280)

and yet if this Law had been made then , which was made since , he had
died for it : (JUDALL-E2-P2,1,175.281)

So you , tho' you intended not to come within the compass of the
Statute , yet the Law reacheth to your Fact , as that did to us .
(JUDALL-E2-P2,1,175.282)

<font> Udall . </font> My Lords , his Case and mine is not alike ,
(JUDALL-E2-P2,1,175.283)

for his Book concerned her Highness's Person ; (JUDALL-E2-P2,1,175.284)

but the Author of this Book toucheth only the Corruptions of the
Bishops , and therefore not the Person of her Majesty .
(JUDALL-E2-P2,1,175.285)

<font> Judge . </font> But I will prove this book to be against her
Majesty's Person ; (JUDALL-E2-P2,1,175.286)

for her Majesty being the supreme Governor of all Persons and Causes in
these her Dominions , hath established this kind of Government in the
hands of the Bishops , which thou and thy Fellows so strive against ;
(JUDALL-E2-P2,1,175.287)

and they being set in Authority for the exercising of this Government
by her Majesty , thou dost not-1 strive against them , but her
Majesty's Person , seeing they $can $not {TEXT:cannot} alter the
Government which the Queen hath laid upon them .
(JUDALL-E2-P2,1,175.288)

<font> Udall . </font> 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 , <paren> upon the
Considerations of these Controversies </paren> to see to it that
nothing be amiss ; (JUDALL-E2-P2,1,175.289)

and because she had a good Opinion of them for their Gravity and
Learning , she believeth them when they say all is well and in good
case : whereas , if they had the Grace to look into these things , and
to make them known as they be , indeed her Majesty and the State , I
doubt not , would quickly redress them ; (JUDALL-E2-P2,1,175.290)

and therefore was it that the Author did so charge them .
(JUDALL-E2-P2,1,175.291)

Then the Judge proceeding farther in the Book to prove him to have
offended ; he took occasion by the same to speak against railing
against Magistrates ; (JUDALL-E2-P2,1,175.292)

and speaking to Mr. <font> Udall </font> , he said in effect thus :
(JUDALL-E2-P2,1,175.293)

<font> Judge Clarke . </font> Sirrah , you that should have been a
Teacher of her Majesty's People , you should have taught your self not
to have railed upon the Rulers of the People : (JUDALL-E2-P2,1,175.294)

for do you not know what is written in the 23d of <font> Exodus ,
(JUDALL-E2-P2,1,175.295)

Thou shalt not rail upon the Rules of the People ,
(JUDALL-E2-P2,1,175.296)

for whosoever doth so shall die the death </font> .
(JUDALL-E2-P2,1,175.297)

And do you not know what is written in the 23d of <font> Acts </font> ,
where the Apostle <font> Paul </font> being before the High-Priest ,
called him a <font> painted Wall </font> ; (JUDALL-E2-P2,1,175.298)

and being smitten by one of the High-Priest Servants , it was said unto
him , <font> Revilest thou the Lord's High-Priest ? </font> To which
<font> Paul </font> answered , <font> I knew not , Brethren , that he
was the High-Priest </font> . (JUDALL-E2-P2,1,175.299)

Lo ! thus did he acknowledge his Fault : (JUDALL-E2-P2,1,175.300)

Do you know these things , Sirrah ? (JUDALL-E2-P2,1,175.301)

<font> Udall . </font> My Lord , you know that we hold it not lawful
for a Minister to be a Civil Magistrate , (JUDALL-E2-P2,1,175.302)

and there are at least in this Land , amongst whom I am the most
unworthy , that are of the same Judgment in this Point .
(JUDALL-E2-P2,1,175.303)

<font> Judge . </font> But how if the Queen doth give it to them ?
(JUDALL-E2-P2,1,175.304)

<font> Udall . </font> They ought not to take it .
(JUDALL-E2-P2,1,175.305)

And , my Lord <paren> if it please you </paren> , I will answer to your
Proofs , altho' I came not hither to dispute . (JUDALL-E2-P2,1,175.306)

But in my answering , my purpose is not to give any liberty to any Man
to rail upon any that are in Authority . (JUDALL-E2-P2,1,175.307)

Now to your Proofs : I say , my Lords , that the place out of <font>
Exod. </font> 23 , doth rather concern your Lordships , and such as are
under her Majesty for Judges , than any way to concern the Bishops :
(JUDALL-E2-P2,1,175.308)

And touching the second place out of <font> Acts </font> 23 , where the
Apostle saith , <font> Brethren , I wist not that it was the
High-Priest : </font> the meaning of that Place is , as if he should
say , I thought there had not been 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 ,
(JUDALL-E2-P2,1,175.309)

for there was no lawful High-Priest of that time ;
(JUDALL-E2-P2,1,175.310)

neither did he acknowledge any , seeing they did end in Christ .
(JUDALL-E2-P2,1,175.311)

And thus do the best Divines expound the Place .
(JUDALL-E2-P2,1,175.312)

Then , after some farther Speeches of this Exposition , the Judge
returned to the matter of the Book again , saying , That the Book did
concern the State , (JUDALL-E2-P2,1,175.313)

and said : (JUDALL-E2-P2,1,175.314)

<font> Judge . </font> But , Sirrah , thou canst not so excuse thy self
, as though it touched not the Queen and the State ;
(JUDALL-E2-P2,1,175.315)

for is it not written in thy Book , that this Saying will not serve
their turns , The Queen and Council will have it <P_1,176> so ? whereby
it is plain , that thou didst speak against the Queen and the State .
(JUDALL-E2-P2,1,176.316)

<font> Udall . </font> My Lord , the Author only meaneth this , That
when we are called before the Bishops , they were often driven to use
this Argument <paren> when they had nothing else to say for themselves
</paren> , that they could be content many things were amended ;
(JUDALL-E2-P2,1,176.317)

but it must be so , (JUDALL-E2-P2,1,176.318)

for the Queen and Council will have it so : (JUDALL-E2-P2,1,176.319)

And surely herein $me $thinks {TEXT:methinks} they slander her Highness
; (JUDALL-E2-P2,1,176.320)

and we tell them , that however they bear it out here before Men , yet
before God that Excuse will not serve their turn .
(JUDALL-E2-P2,1,176.321)

<font> Judge . </font> Thou canst not carry it away so :
(JUDALL-E2-P2,1,176.322)

Dost not thou plainly say , That they are not safe , tho' they have
human Authority on their side ; but he that is on our side is mightier
than they ? Whereby thou both abasest her Majesty , and also dost
threaten them with some Force and Violence . (JUDALL-E2-P2,1,176.323)

<font> Udall . </font> It is true , that whosoever doth unjustly is not
safe in it , tho' all the Princes in the world should defend him in it
; (JUDALL-E2-P2,1,176.324)

and that is the Meaning of the Author : (JUDALL-E2-P2,1,176.325)

But to say , that Force and Violence is threatned them , is farthest
doubtless from this Meaning ; (JUDALL-E2-P2,1,176.326)

for it is known to all the World , that we desire , by all good means ,
to commend this holy Cause of Reformation to her Majesty and the State
, and do not look for neither , that ever it should by any force
prevail , but that it would please God to honour her Highness with the
advancement of the same . (JUDALL-E2-P2,1,176.327)

<font> Judge . </font> No , no , these are but Excuses ;
(JUDALL-E2-P2,1,176.328)

these malicious Speeches proceeded from thee , (JUDALL-E2-P2,1,176.329)

and were the Ground-work of all these Libels that have been dispersed
since , (JUDALL-E2-P2,1,176.330)

and thou art known to be the Ring-leader of this Faction .
(JUDALL-E2-P2,1,176.331)

<font> Udall . </font> There is no reason to charge me with other Men's
doings , (JUDALL-E2-P2,1,176.332)

every Man must answer for himself ; (JUDALL-E2-P2,1,176.333)

but as for me <paren> alas ! </paren> , I am no body :
(JUDALL-E2-P2,1,176.334)

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
than I am . (JUDALL-E2-P2,1,176.335)

But by the way , my Lords , I pray your Lordships give me leave to say
one thing , which I being about to speak of before , was interrupted ;
(JUDALL-E2-P2,1,176.336)

and therefore seeing now it cometh into my Memory , I pray you to hear
me , tho' it be out of time , concerning the Felony whereof I am
accused ; (JUDALL-E2-P2,1,176.337)

it maketh greatly for me . (JUDALL-E2-P2,1,176.338)

<font> Judge . </font> What is it ? (JUDALL-E2-P2,1,176.339)

Let us hear what you can say . (JUDALL-E2-P2,1,176.340)

<font> Udall . </font> When I was before the Lords of her Majesty's
Council at the time of my Commitment , amongst other things that I
alledged against the taking of an Oath to accuse my self , I said ,
that the thing was accounted criminal , and therefore by Law I was not
to answer : (JUDALL-E2-P2,1,176.341)

My Lord <font> Anderson </font> said , that I said true , if the case
had concerned either-1 the loss of Life or Limb ; whereby it is
manifest , that then my Case was not esteemed Felony .
(JUDALL-E2-P2,1,176.342)

<font> Judge . </font> Tho' the Judges had not then concluded it , yet
it was Law before , (JUDALL-E2-P2,1,176.343)

or else it could not so be determined after ; (JUDALL-E2-P2,1,176.344)

the violent course of others since , hath caused your Case to be more
narrowly sifted . (JUDALL-E2-P2,1,176.345)

Then the Judge <paren> having spoken to the like effect also </paren>
said to the Jury , That they should not need to trouble themselves to
find him Guilty of the Felony , but only it was sufficient if they
found him Guilty to be the Author of the Book :
(JUDALL-E2-P2,1,176.346)

for , quoth he , it is already determined by all the Judges of the Land
, that the Author of that Book was in the compass of the Statute of
Felony ; (JUDALL-E2-P2,1,176.347)

and this , quoth he , was concluded before we came hither :
(JUDALL-E2-P2,1,176.348)

Therefore you being ignorant of the Law , and we being sworn , as well
as you are , you are to hear us , and to take our exposition of the Law
. (JUDALL-E2-P2,1,176.349)

And after many other Speeches , the Judges said , Go thy way ,
(JUDALL-E2-P2,1,176.350)

we will hear thee no longer , (JUDALL-E2-P2,1,176.351)

get thee hence ; (JUDALL-E2-P2,1,176.352)

and shaking his Hand , he called for the other Felons to hear their
Causes . (JUDALL-E2-P2,1,176.353)

Then the Jury said , What can we find ? (JUDALL-E2-P2,1,176.354)

<font> Judge . </font> Find him Author of the Book ,
(JUDALL-E2-P2,1,176.355)

and leave the Felony to us . (JUDALL-E2-P2,1,176.356)

And after some other Speeches , Mr. <font> Fuller </font> said to the
Jury , You are to find him Author of the Book , and also guilty of a
malicious Intent in making it . Whereat Mr. <font> Daulton </font> said
, What have you to do with the matter , Mr. <font> Fuller </font> , to
speak to the Jury ? (JUDALL-E2-P2,1,176.357)

Then there being some Noise at the Bar , Mr. <font> Udall </font> could
not any more be heard : (JUDALL-E2-P2,1,176.358)

Yet as he was ready to depart , he said to the Jury , You of the Jury ,
consider this , that you have not-1 to consult about the Life of a
Seminary and Popish Priest , but of a Minister of the Gospel .
(JUDALL-E2-P2,1,176.359)

Then Judge <font> Clarke </font> shewed the Reasons to the Jury , why
they must find him Guilty ; saying , The Evidences are manifest for the
first Point , that he is the Author of the Book ;
(JUDALL-E2-P2,1,176.360)

and the second is a Point in Law agreed upon by all the Judges , as I
have said . (JUDALL-E2-P2,1,176.361)

So the Jury , 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 several Messages , exhorting him to
submit himself , and to yield unto the Judges before the Jury had given
up their Verdict . Unto whom Mr. <font> Udall </font> replied , willing
them not to trouble him with any such matter ; (JUDALL-E2-P2,1,176.362)

for he was clear in his Conscience , (JUDALL-E2-P2,1,176.363)

and therefore he was not to accuse himself . In which time also the
Jury divers times sent and received Messages from the Judges ;
(JUDALL-E2-P2,1,176.364)

and at last , the Foreman of the Jury went himself unto them .
(JUDALL-E2-P2,1,176.365)

Thus having debated of the Evidences of the rest of the Felons with Mr.
<font> Udall </font> , after the Judges had dined , the Jury brought in
their Verdict that he was guilty of Felony . (JUDALL-E2-P2,1,176.366)

After that Baron <font> Clarke </font> had finished all other matters
of Law , and that the Juries had given their Verdicts on the Felons ,
finding some Guilty , and some Not Guilty , the Judge commanded all the
Prisoners to stand forth and to answer to their Names : who did so .
(JUDALL-E2-P2,1,176.367)

And first , Mr. <font> Udall </font> was called , who stood at the Bar
; (JUDALL-E2-P2,1,176.368)

but the Judge commanded him for that time to stand aside , saying ,
That he would deal with him anon . (JUDALL-E2-P2,1,176.369)

Then some of the Prisoners which were saved by their Books , were burnt
in their Hands ; (JUDALL-E2-P2,1,176.370)

and for that Night there was nothing more done .
(JUDALL-E2-P2,1,176.371)

Then the Judge commanding the Jailor to bring the Prisoners betimes in
the morning , commanded them to depart : (JUDALL-E2-P2,1,176.372)

And so for that time every Man departed to his place .
(JUDALL-E2-P2,1,176.373)

The next morning , being the 25th of <font> July </font> , about four
of the Clock , the Prisoners were brought to the Bar , who stayed till
the coming of the Judges : who came thither by six of the Clock , or
thereabouts , and called the Prisoners by their Names to receive
Sentence of Death : (JUDALL-E2-P2,1,176.374)

And first , they began with Mr. <font> Udall </font> ; who , after he
was called , was commanded to stand aside till <P_1,177> anon .
(JUDALL-E2-P2,1,177.375)

And then were seven Felons that received Sentence of Death ; who being
taken aside , Mr. <font> Udall </font> was called the second time ;
(JUDALL-E2-P2,1,177.376)

and the Clerk of the Assizes said , <font> John Udall </font> , hold up
thy Hand , (JUDALL-E2-P2,1,177.377)

what canst thou alledge for thy self , why thou should'st not receive
Judgment to die ? (JUDALL-E2-P2,1,177.378)

<font> Udall . </font> My Lords , notwithstanding my earnest pleading
and protesting of mine Innocency yesterday , which I could and would
have done more clearly , but that I was so much interrupted ; yet it
hath pleased the Jury , upon their Consciences , to find me Guilty of
that , which , I thank God , never entered into my heart :
(JUDALL-E2-P2,1,177.379)

Now therefore must I plead another Plea , (JUDALL-E2-P2,1,177.380)

and therefore I crave of your Lordships to grant me the Benefit of the
Pardon granted the last Parliament . (JUDALL-E2-P2,1,177.381)

<font> Judge . </font> I think you can have no Benefit of it ,
(JUDALL-E2-P2,1,177.382)

for I am deceived if it be not excepted . (JUDALL-E2-P2,1,177.383)

Then said he to the Clerk , or some other , Reach me the Statute-Book :
(JUDALL-E2-P2,1,177.384)

And whilst he looked into the same , Mr. <font> Udall </font> said , I
pray your Lordships consider the Ground of my Plea , albeit indeed it
seems to be excepted : (JUDALL-E2-P2,1,177.385)

Your Lordships confessed yesterday , and I shewed it by my Lord <font>
Anderson </font> 's Speeches to me , that it was not thought Felony
until late ; (JUDALL-E2-P2,1,177.386)

and therefore the things that be excepted , be such as be inquirable
and punishable in the Ecclesiastical Courts . (JUDALL-E2-P2,1,177.387)

<font> Judge . </font> That is nothing ; (JUDALL-E2-P2,1,177.388)

for if the lesser be excepted , much rather is the greater .
(JUDALL-E2-P2,1,177.389)

<font> Udall . </font> My Lords , I refer it to your Consciences and
favourable Considerations : (JUDALL-E2-P2,1,177.390)

The Words are these in the Pardon , which he repeated :
(JUDALL-E2-P2,1,177.391)

And they finding it to be as he had said , the Judge said , Here is no
help for you . (JUDALL-E2-P2,1,177.392)

And after other Speeches between them of the Meaning of the Words of
the Pardon , the Judge said , Mr. <font> Udall </font> , your Counsel
hath deceived you . (JUDALL-E2-P2,1,177.393)

<font> Udall . </font> My Lords , I have not received any Counsel
herein , (JUDALL-E2-P2,1,177.394)

for I have been close Prisoner this half year ,
(JUDALL-E2-P2,1,177.395)

and therefore could not attain to have any Counsel ;
(JUDALL-E2-P2,1,177.396)

but thus much have I gathered , which is my Judgment , out of the Book
. (JUDALL-E2-P2,1,177.397)

<font> Judge . </font> What can you alledge more for your self ?
(JUDALL-E2-P2,1,177.398)

for this helpeth you not . (JUDALL-E2-P2,1,177.399)

<font> Udall . </font> Nothing but mine own Innocency ,
(JUDALL-E2-P2,1,177.400)

but that your Lordships may roceed {COM:sic} . (JUDALL-E2-P2,1,177.401)

<font> Judge . </font> What say you ? (JUDALL-E2-P2,1,177.402)

Are you contented to submit your self to the Queen ?
(JUDALL-E2-P2,1,177.403)

<font> Udall . </font> Yea , or else I were not worthy to live in her
Highness's Dominions . (JUDALL-E2-P2,1,177.404)

<font> Judge . </font> But will you acknowledge your self to have
offended her Majesty in making this Book ? (JUDALL-E2-P2,1,177.405)

She is gracious and full of Mercy ; (JUDALL-E2-P2,1,177.406)

it may be , that we , reporting your Submission unto her Majesty , may
procure her Pardon for you . (JUDALL-E2-P2,1,177.407)

<font> Udall . </font> May it please your Lordship to hear me ;
(JUDALL-E2-P2,1,177.408)

The Cause for which I am called in question , I $can $not {TEXT:cannot}
forsake in any sort , (JUDALL-E2-P2,1,177.409)

for I hold it to be the undoubted Truth of God ;
(JUDALL-E2-P2,1,177.410)

but , <font> &c. </font> (JUDALL-E2-P2,1,177.411)

And then he was interrupted by Judge <font> Puckering </font> , who
said : <font> Judge . </font> Nay , stay there ,
(JUDALL-E2-P2,1,177.412)

you $can $not {TEXT:cannot} go away with that Speech unanswered , to
buz into the People's ears such a Conceit , that it is an undoubted
Truth that you hold ; (JUDALL-E2-P2,1,177.413)

for I hold it to be an undoubted Falshood . (JUDALL-E2-P2,1,177.414)

And then he proceeded further in a large set Speech , the effect
whereof was , That this Land having been governed by sundry Nations ,
hath yet kept her antient Laws , which <paren> he affirmed </paren>
would be overthrown , if this Government that these Men seek for ,
should be established : (JUDALL-E2-P2,1,177.415)

And then he further shewed , What Inconveniencies <paren> as he thought
</paren> would come by the same , <font> viz. </font> That we having
Laws and Judges appointed to decide all Controversies , this Presbytery
which these Men seek for , would overthrow all , and bring to their
Censure and Government all Men's Causes , or else they would
excommunicate them from their Churches : (JUDALL-E2-P2,1,177.416)

yea , and they are so hot for this Government , that they will not stay
for the Magistrate ; (JUDALL-E2-P2,1,177.417)

and if the Magistrate will not , they will reform themselves :
(JUDALL-E2-P2,1,177.418)

and one of them writing in a Letter to a Friend of his , saith , Let us
number our hot Brethren , that we may know who will stand to it ,
(JUDALL-E2-P2,1,177.419)

for it is high time . So that it is plain , that if they $can $not
{TEXT:cannot} have it with her Majesty's Consent , they will have it ,
tho' it make our Hearts to ake , as you say in your Book .
(JUDALL-E2-P2,1,177.420)

And whereas her Majesty hath Revenue belonging to her Crown out of the
Church-Livings and Cathedral Churches , these Men would have her
Majesty give unto those Revenues , for the Maintenance of their
Presbytery , (JUDALL-E2-P2,1,177.421)

and they would allow her a Stipend at their Discretions ; so that they
would bring the Queen and Crown under their Girdles .
(JUDALL-E2-P2,1,177.422)

And some of these men have gone so far , that they say plainly we have
no Church , no Sacrament , no Ministers , nor any Worship of God
amongst us . (JUDALL-E2-P2,1,177.423)

If these things be not look'd unto in time , what Confusion shall we
have in this Land shortly ? (JUDALL-E2-P2,1,177.424)

Many other things he spake against the Cause of Reformation , which I
$can $not {TEXT:cannot} particularly lay down ;
(JUDALL-E2-P2,1,177.425)

but this is in effect the Substance of it : (JUDALL-E2-P2,1,177.426)

concluding , he said , Thus much , Mr. <font> Udall </font> , have your
Speeches enforced me to speak , lest the People here present <paren>
being deceived </paren> should be carried away by it . To which Mr.
<font> Udall </font> answered briefly : (JUDALL-E2-P2,1,177.427)

<font> Udall . </font> My Lords , it is bootless for my to enter
Disputation with you in this place touching this matter ;
(JUDALL-E2-P2,1,177.428)

only this I could wish you , to leave it to be first decided by the
learned Divines , to whose Calling it belongeth .
(JUDALL-E2-P2,1,177.429)

And altho' some weak Men wanting judgment have been headily carried in
seeking the Furtherance of this Cause , and so for want of this
Government have run into some Errors : yet it is no reason to charge us
with them ; (JUDALL-E2-P2,1,177.430)

for your Lordships know , that we have been the men that have taken the
greatest pains to reclaim them to the joining of themselves with the
Church , from which they have separated themselves .
(JUDALL-E2-P2,1,177.431)

<font> Judge Clarke . </font> You are deceived ;
(JUDALL-E2-P2,1,177.432)

it is not a matter of Divinity only , (JUDALL-E2-P2,1,177.433)

but it is a matter of State , and within the compass of our Profession
; (JUDALL-E2-P2,1,177.434)

and it is no so greatly in controversy , as you would have us to
believe it is . (JUDALL-E2-P2,1,177.435)

<font> Udall . </font> It is diversly debated <paren> my Lords </paren>
, (JUDALL-E2-P2,1,177.436)

and the greatest number of learned Men in Christendom do maintain the
same . (JUDALL-E2-P2,1,177.437)

<font> Judge . </font> How do you know that ? (JUDALL-E2-P2,1,177.438)

Have you been beyond the Seas to know the greatest number of learned
Men to be of this Judgment ? (JUDALL-E2-P2,1,177.439)

<font> Udall . </font> Your Lordships know , that all the Churches of
<font> France </font> , the <font> Low-Countries </font> , and of
<font> Scotland </font> , do maintain the same , besides many hundred
of learned Men in this Land . (JUDALL-E2-P2,1,177.440)

<font> Judge . </font> Have you been in all these Churches , that you
can tell so much ? (JUDALL-E2-P2,1,177.441)

<font> Udall . </font> I know it to be true <paren> my Lords </paren> ,
(JUDALL-E2-P2,1,177.442)

for their Practice doth shew them to be of this Judgment .
(JUDALL-E2-P2,1,177.443)

<font> Judge . </font> Well , if you can alledge no more , neither will
submit your self to the Queen's Mercy , then hear your Judgment .
(JUDALL-E2-P2,1,177.444)

<P_1,178>

<font> Udall . </font> My Lords , I was beginning to speak ,
(JUDALL-E2-P2,1,178.446)

but you interrupted me ; (JUDALL-E2-P2,1,178.447)

I pray you hear me what I will say , (JUDALL-E2-P2,1,178.448)

and then do as God shall move you . (JUDALL-E2-P2,1,178.449)

<font> Judge . </font> Let us hear what you will say .
(JUDALL-E2-P2,1,178.450)

<font> Udall . </font> As I said before , so I say now ,
(JUDALL-E2-P2,1,178.451)

I believe the Cause to be the undoubted Truth of God ;
(JUDALL-E2-P2,1,178.452)

and therefore in the Matter , I $can $not {TEXT:cannot} by any means
yield : (JUDALL-E2-P2,1,178.453)

yet seeing , by your order of Law , I am found to be guilty , neither
can I <paren> for the Reverence I bear to her Majesty's Laws </paren>
take any Exceptions against you nor the Jury ; (JUDALL-E2-P2,1,178.454)

but that which you have done , I acknowledge to be done in all Equity
and Right . (JUDALL-E2-P2,1,178.455)

Seeing , I say , you have found me to be guilty , whereby I $can $not
{TEXT:cannot} live without her Majesty's gracious and special Favour ,
I acknowledge , that whatsoever I have done to the advancement of the
Cause , I may offend in the Manner ; in which respect <paren> if I have
offended </paren> seeing it hath pleased your Lordships and the Jury to
find me guilty , I do willingly submit my self , and heartily crave her
Majesty's Pardon . (JUDALL-E2-P2,1,178.456)

<font> Judge . </font> But you are sorry that you have offended the
Queen's Majesty ? (JUDALL-E2-P2,1,178.457)

<font> Udall . </font> I am sorry that the Course of the Law hath found
me to have offended . (JUDALL-E2-P2,1,178.458)

<font> Judge . </font> So is every Thief that is condemned sorry , that
his Offence is found out , but not for the Fact .
(JUDALL-E2-P2,1,178.459)

This is a plain Fallacy . (JUDALL-E2-P2,1,178.460)

<font> Udall {TEXT:Judge} . </font> My Lord , indeed if it were so as
your Lordship doth understand it , it were a plain Fallacy ;
(JUDALL-E2-P2,1,178.461)

but I say farther , if in the Manner of handling so good a Cause ,
there be found in me any Offence against her Majesty's Laws , I
acknowledge , that in the Manner of handling it , her Majesty may be
justly offended , for which I am sorry . (JUDALL-E2-P2,1,178.462)

And I protest that I have never gone about to advance it by any other
means , than by manifesting it to all Men , and tendering it to them in
Authority ; and that by such means as might not be contrary to the Laws
of this Land , that so it might be received by her Majesty and the
State : (JUDALL-E2-P2,1,178.463)

and this is the Care of us all , howsoever we be charged with Factions
. (JUDALL-E2-P2,1,178.464)

<font> Judge . </font> You say , if there be found any Offence ;
whereby you call in question the Equity of dealing in this Court
against you . (JUDALL-E2-P2,1,178.465)

<font> Udall . </font> My Lords , I do not , (JUDALL-E2-P2,1,178.466)

neither will I ; (JUDALL-E2-P2,1,178.467)

let it be looked into by you and the rest whom it concerneth ,
(JUDALL-E2-P2,1,178.468)

I hope you would not deal otherwise than lawfully against me .
(JUDALL-E2-P2,1,178.469)

<font> Judge Puck. </font> You say , you seek no unlawful Means :
(JUDALL-E2-P2,1,178.470)

What can it be meant but unlawful Means in the words of your Book ?
(JUDALL-E2-P2,1,178.471)

<font> If it come in by that Means that will make all your Hearts to
ake , blame your selves . </font> (JUDALL-E2-P2,1,178.472)

What good Means can be meant by these Words ? (JUDALL-E2-P2,1,178.473)

<font> Udall . </font> My Lords , yesterday I shewed you what I took to
be the meaning of the Author in some places of the Book alledged
against me in the Indictment ; (JUDALL-E2-P2,1,178.474)

and then I would have spoken unto all , (JUDALL-E2-P2,1,178.475)

but you cut me off : (JUDALL-E2-P2,1,178.476)

I pray you now therefore let me shew the Meaning of the Author in those
Words now . (JUDALL-E2-P2,1,178.477)

