A NEW DISCOVERY OF Old pontifical practices For the maintenance of the PRELATES Authority and HIERARCHY. EVINCED By their tyrannical persecution of that Reverend, Learned, Pious, and worthy Minister of JESUS CHRIST, Mr. JOHN UDALL, in the reign of Queen Elizabeth. To give satisfaction to all those that blindly endeavour to uphold episcopal Government, that their Lordly Rule in the purest times of the said Queen, is the very same with that they have exercised ever since, even to these times. Together with the Prelates devices to make him submit, and to subscribe to submissions of their own contriving and invention. And also King JAMES his Letter out of Scotland to the Queen, in the behalf of Mr. Udall and other persesecuted Ministers in her realm.  My son fear thou the Lord and the King: and meddle not with them that are given to change. 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 illegal and unconscionable courses, have always, without any variation, been one and the same; but if the impartial Reader will deign to peruse this ensuing Relation of Mr. Vdalls' harsh usage by▪ them, he shall find no mutation, neither in their counsels nor Actions: They were persecutors from all Antiquity, of such as disclosed the dissonancy, between their Authority, and the true rule of the word of God, as all Ancient and Neoterick Histories record, both domestic and exotic: And in this kingdom, they have not only vented their fury against good men in the times of Popery as in the reigns of King Edward the third, Richard the second▪ and Henry the fourth; against John Wicklisse, and such as they termed Lollards, even until the reigns of King Edward the fixed, and Queen Elizabeth, but also in her time, when Popery was relegated, and the Protestant Religion began to dispel the misty fog of error and Ignorance; yet the relics of darkness could not endure the true light of perfect Reformation; which this worthy Person Mr. Udall, striving to introduce, was by the instigation of the Prelates, hurried from his ministry at Newcastle, in the depth of Winter and in the bitterest weather that could be, brought to be Examined by the Lords of the Queen's council; and because contrary to the Laws of the Land, he would not betray himself, he was by them committed to the gatehouse, and there to be kept close Prisoner, and not to be suffered to have pen, ink or paper, or anybody to speak with him, his wife being also debarred his company, and his chamber-fellows being professed Papists, Seminary Priests and traitors: from thence he was conveyed to the White lion in Southwark, and at the assizes holden in Croyden, 24 ●uly, 1590. was brought to the Bar with Fetters on his legs, and there indicted for maliciously publishing a scandalous and infamous libel against the Queen, 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 hearsay urged against him, his witnesses not being permitted to testify in his behalf, because it was against the Queen, (which notwithstanding 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 sergeant Puckering, that because the book of Demonstration of Discipline, whereof he was supposed the Author, and for which he was then indicted, was against the Bishops that exercised the Government appointed them by the Queen, therefore by consequent it was against her royal Person; and because that he strove against the Prelates, who were put in Authority by the Queen, therefore he did strive against her, which was contrary to the maxim of Law, That no penal or criminal Statute which concerneth a man's life, aught to ●e extended beyond the power of natural words of the same (such an awing power have the Bishops always carried over the Laws, Judges and Lawyers, as to overrule them all, and to make them sing ●lacebo) and then the said Judges directed the Jury to find him the Author of that book, without legal proof, and to leave the Felony to them, which they said, was resolved by all the Judges of the Land, and the Jury for fear 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 exceedingly grieved and troubled. Then they kept him in durance for half a year uncondemned and at the assizes in February after, holden in Southwark, used all the means and persuasions they could exc●gitate, to make him submit and relinquish his Tenets against the Bishops, which he refusing to yield unto, had the sentence of death pronounced against him by Puckering, but they not daring to execute him, because his Adertions were the constant Doctrine of all the Reformed Churches in Christendom, he was Reprived by the Queen's special Command, than the Court chaplains repaired unto him, and tendered ready written submissions unto him, which he rejected; and being persuaded by a friend of his to solicit Sir Walter ●awleigh to obtain his pardon and freedom, he wrote unto him, and sent him also a Confession of the several points which he maintained; in the interim came unto him Dr. Nowe●● Deane of Paul's, a man in those days famous for his Learning and pretended piety, who brought another 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 legerdemain used by the Dean, (who had engaged the word and faith of a Christian▪ to obtain his Remission and Liberty) which would be a means to hasten his end, he wrote to the dean modestly▪ reprehending him for that prestigious device, desi●ing him to leave no stone unturned, that might further his Liberty, or at least to clear his own conscience from being any way Accessary to his death. While these affairs were in agitation, JAMES King of Scotland wrote a Letter to the Queen, wherein he requested, that Mr. Udall, Mr. Car●wright and other Ministers of the gospel in her realm 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 gospel and their Consciences, &c. Hereupon Mr. Udall, who was conveyed to the assizes at Kingston, and as was supposed, should have been executed there, was immediately returned from thence by the Judges unto the White lion, in the Evening before the first day thereof: And afterwards getting a Copy of his indictment▪ by the Lord treasurer's procurement, he framed a pardon upon the same and sent it to the Privy council▪ who r●ferred him to the Archbishop; but his anger was still immortal, neither would he relent, or condescend to his freedom, notwithstanding all his Petitions nor all the entreaties of Honourable persons, and others of good quality that mediated for him.  
At last the Turkey merchants sued to the Archbishop, that he might go into Guinea to teach their traffickers in that place, who assented thereunto upon condition, that they would be bound he should go as soon as he had his liberty, but when 2 of the ancients of that Company desired to have the archbishops hand thereunto, he refused to subscribe, unless they would be bound not only for his present departure but that he should remain there until he had the Queen's Licence to return again into England &c.  
These premises being duly prepended, let any indifferent man give a solid reason, why such episcopal Government should be restored; for how they deported themselves in those pure times of Queen 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 known that they persecuted Mr. Dighton and other good men for mere Ceremonies, and silenced also many worthy Ministers in his reign; yet it is observable that they seduced that Learned King, after he once came amongst them; and that is evident by the difference between his Letter in this Relation, and his conclusive sentence to maintain the prelate's Authority, at the Conference at Hampton Court, in the first year of his reign. Likewise in this King Charles his time▪ they have stopped the mouths of sedulous and faithful Preachers; they have abolished Lectures, mutilated, stigmatised, whipped and tortured sundry of the Clergy and Laity, as Mr. Burton Dr. Bastwick, Mr. Prynne, Dr. Leighton and others, for disclosing their Tyranny and abuses: and yet some silly men are so far enamoured of them that they had rather a destructive Episcopacy should roughly sway in this kingdom, 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 truly Reformed Churches in Europe have abolished the cause, that thereby the effect might also be utterly extinguished.  
To conclude, this pious and worthy person Mr John Udall, (as this ensuing Relation testifieth) stood firm 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 mirror to all of that Tribe, but especially to his own Posterity, to instruct them not to deflect from so singular a pattern, 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 go to Ashur, &c. The same is reiterated, Hosea 12. 1. Ephraim is fed with the wind, and followeth after the East wind, he increaseth daily lies and destruction, and they do make a Covenant with Ashur, and oil is carried into Egypt.  
And these places of Scripture may one day heavily reflect upon Mr. Ephraim Udall his son unworthy of such a Father, who hath forgotten to follow his father's steps, but runeth a retrograde course from them, in erecting a new rail at his own charge about the Communion Table in his Church, since the former was removed by the Order of Parliament; and delivering the Elements to none but those that come up to his rail; and denied to subscribe for moneys for the defence of the King and Parliament; refusing to read the Orders that come from the Parliament or Lord Major of London, but none was so forward as lie in permitting the book of sports on the Lord's day and the Prayer against the Scots to be read in his Church, and as it seemeth, he loveth the Parliament so little that he never prayeth for good success to their Army, but on the contrary he prayeth, That the hand of vengeance may strike such as take up arms against the King: And no one can judge, but that the intent of such expressions are only the calling for vengeance on the heads of those, who endeavour to defend Religion, Laws and Liberties, against those traitorous and wicked counsellors which have too much intercourse 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 grown into such estimation with Birds of that feather, that Doctors, Proctors and such malcontents against the Parliament are his constant Auditors.  
The Apostles council is good and salubrious, Study to be quiet and do your own business, 1 Thess 4. 11. which if all perverse Spirits would have practised▪ these miserable distracters would never have ingulphed us in this unnatural War.  
Farewell   

The Particular EXAMINATIONS, arraignment and Condemnation, of John Udall, Minister of the word of GOD, together with such things as passed between him and others by occasion thereof.  
SEeing you desire to understand the particular things that have passed betwixt me and them in authority, that have from time to time molested me; I am willing to satisfy 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 means as you may, and to learn the particulars of my arraignment of those that heard it, seeing it was at the public assizes, in the presence of many hundreds, divers whereof I think 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 hall a year preparing myself to a private life for that I saw so little hope of return into my ministry, or any rest in it, to the good of the Church. But God would not have it so: For means were made by some, that feared God in Newcastle upon Tyne to the Earl of Huntington to send me thither who did so and I was received thither in such sort as contented me, and joined in the ministry of the word there with two godly men, Mr. Houldesworth the Pastor, and Mr. Bamford a teacher, through whose joint l●bours God vouchsafed so to draw the people to the love of the word, (no●withstanding that the Plague was grievous in the town 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 envied the same that after a years abode there, I was fetched thence by letters from the Lord Hunsdon Lord chamberlain in the name of the whole council. Whereupon I came thence, December●9 1589. in the forest weather that could be, yet through God's mercy I and Christopher Applebie (whom the Major appointed to conduct me) came safe to London, January 9▪ and upon the 13. being Tuesday I appeared at my Lo. Cobham's house in the Blackfriars', before my L. Cobham, my Lo. Buckhurst, my L. Anderson, the Bish. of Rochester, Mr. Fort●scue, Mr. Egerton, the Queen's solicitor, Doctor Aubery▪ Doct. Lewen. Then was I called in before them, whereupon my Lord Anderson said unto me.  Anderson. 
How long have you been a●Newcastle?  Udall. 
About a year if it please your Lordship.  Anderson. 
Why went you from Kingston upon Thames?  Udall 
Because I was silenced there, and was called to Newcastle.  Rochester. 
What calling had you thither?  Udall. 
The people made means to my Lord of Huntingdon, who sent me thither.  Roch. 
Had you the allowance of the Bishop of that diocese?  Udall. 
There was none at that time.  Roch. 
Then you should have gone to the Archbishop.  Udall. 
There was no Archbishop at York neither.  Anders. 
You are called hither to answer concerning certain books which are thoug●t to be of your making.  Vda. 
If it be for any of Martin's books (according as my Lord chamberlains letters that fetched me import) I have already answered, and am ready so to do again.  Ander. 
Where have you answered, and in what manner?  Vda. 
At Lambeth a year and a half ago, I cleared myself not to be the author, nor to know who he was.  Ander. 
Is this true Mr. Beadle?  Beadle. 
I have heard that their was such a thing, but I was not there at it, if it please your Lordship.  Aubery, Lewen 
There was such a thing, as my Lord's Grace told us.  Vda. 
I am the hardlier dealt withal to be fetched up so far at this time of the year. I have had a journey I would not wish unto my enemy.  Roch. 
You may thank your own dealing in matters that you should not have meddled withal.  Ander. 
It is more than I heard that ever you were called to answer, but you are to answer concerning other books.  Vda. 
I hope your Lordships will not urge me to any others, seeing I was sent for about those.  Ander. 
You must answer to others also: what say you to those books, A Demonstration or a Dialogue. &c. did you not make them?  Vda. 
I cannot answer thereunto.  Ander. 
Why would you clear yourself of Martin, and not of these, but that you are guilty herein?  Vda. 
Not so my Lord, I have reason to answer in the one, but not in the other.  Ander. 
I pray you let us hear what reason, for I cannot conceive of it, seeing they are all written concerning one matter.  V. 
This is the matter my Lo, I hold the matter proposed in them all to be one but I would not be thought to handle it in that manner, which the former books do, and because I think otherwise of the latter, I care not though they should be fathered upon me.  Buckhu. 
But I pray you tell me know you not Penry?  Vda. 
Yes my Lord that I do.  Buckhu. 
And do you not know him to be Martin.  Vda. 
No surely, neither do I think him to be Martin.  Buck. 
What is your Reason?  Vda. 
This my Lord, when first it came out he (understanding that some gave out that he was thought to be the author, wrote a letter to a friend in London, wherein he did deny it, with such terms as declare him to be ignorant and clear in it.  Buck. 
Where is that letter?  Vda. 
Indeed I cannot now show you, for I have forgotten unto whom it was written.  Buck. 
You will not tell where it is.  Vda. 
Why my Lord it tendeth to the clearing of one and the accusing of none.  Buck. 
Can you tell where Penry is?  Vda. 
No surely my Lord.  Buck. 
When did you see him?  Vda. 
About a quarter of a year ago.  Buck. 
Where ●id you see him?  Vda. 
He called at my door and saluted me.  Buck. 
Nay he remained belike with you?  Vda. 
No indeed he neither came in my house, neither did he so much as drink with me.  Buck. 
How came you acquainted with him.  Vda. 
I think at Cambridge, but I have been often in his Company  Buck. 
Where.  Vda. 
At divers places, and namely in mine own house whilst I dwelled at Kingston.  Buck. 
What cause had you to be so often in his company?  Vda. 
He being a scholar & Student in Divinity, and one whom I always 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. Crane's house at Moulsley and with her, &c. which I always 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 been by the Archbishop propounded unto me concerning my papers in my study, and namely the notes of my several conferences, with the Bishops and their Officer▪ I was asked as I remember by Mr. Fortescue.  Fortescue. 
Why did you pen such things and keep them.  Roch. 
Because he and such like might apisbly imitate the martyrs of former times, and account themselves persecuted by us as those were by the Popish Bishops.  Vda. 
The cause is this, for that in the quickness of wit and readiness 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.  Ander. 
What say you did you make these books, or know you who made them?  Vda. 
I cannot answer to that question, my Lord.  Ander. 
You had as good say you were the author.  Vda. 
That will not follow; but if you think so, I cannot do withal.  Cobha. 
Mr. Udall if you be not the author say so, and if you be confess it, you may find favour.  Udall. 
My Lord I think the author for any thing I know did well and I know that he is inquired after to be punished & therefore I think it my duty to hinder the finding of him out, which I cannot do better than thuss  Ander. 
And why so I pray you?  Vda. 
Because if every one that is suspected do deny it, the author at the length must needs be found out.  Ander. 
Why dare you not confess it if you be the author of it? dare you not stand to your own doings?  Vda. 
I professed before that I liked of the books 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 ask me for the reason alleged before, besides that if I were the author I think that by Law I need not answer.  Ander. 
That is true if it concerned the loss of your life.  Vda. 
I pray your Lordship, doth not the Law say generally No man shall be put to answer without pres●ntment before justices or things of record, or by due process or writ original, &c. A●no 42. Edw. 3. cap▪ 5.  Ander. 
That is Law and it is on't Law.  Vda. 
I understand you not my Lord, It is a Statute which is in force if it be not repealed.  Ander. 
I tell you by law you ought to answer in this case▪  Vda. 
Good my Lord show me this favour to tell me in what book of the Law I shall find it, for I profess to understand, the Latin, French, and English tongues, wherein all the laws be written.  Fortescue. 
You are very cunning in the law, I pray you by what law did you preach at New●astle being f●rbidden at Kingston.  Vd. 
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.  Fortescue. 
What was the cause for which you were silenced?  Vda. 
Surely I cannot tell nor yet imagine saving the secret suggestions of Mr▪ Harvie  Fortescue. 
To be ignorant of that, is crassa et supina ignorantia.  Vda. 
No Sir the action was crassa et supina injurta.  And. 
Well what say ●●u to those books, who made them and where were they printed.  Vda. 
Though I could tell your Lordship, yet dare I not for the reasons before alleged.  Roch. 
I pray you let me ask you a question or two concerning your book.  Vda. 
It is not yet proved to be mine, but I will answer to any thing concerning the matter of the book so far as I know.  Roch. 
You call it a Demonstration, I pray you what is a Demonstration? I believe you know not what it is.  Vda. 
If you had asked me that question when I was a boy in Cambridge of a years standing it had been● a note of ignorance in me, to have been unable to answer you.  Roch. 
Surely it seemeth by the frame of the syllogisms and reasons, in it, that you know it not if you be the author of that book, 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 me in many things, not to conclude probably much less demonstratively.  Vda. 
I will show you as I take it why the author called it a Demonstration, because the reason which is usually brought to prove the conclusions is commonly drawn from a place of Scripture, which hath more force in it to manifest the conclusion {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} than any of Aristotle's proofs drawn as they say, ex primis, veris, necessarijs et immediatis causis.  Roch. 
Indeed that which is proved by the Scrip●ures is proved most Demonstratively, but the proofs in that book are far from any such.  Vda. 
Let that be the question and try it in some one.  Ander. 
My Lord of Rochester, I pray you let us make short work with him, offer him a book; will you swear to answer to such things as shall be demanded of you in the behalf of our sovereign Lady the Queen?  Vda. 
I will take an oath of Allegiance to her Majesty, wherein I will acknowledge her Supremacy according to Statute, and promise my obedience as becometh a Subject, but to swear to accuse myself or others, I think you have no Law for it.  Ander. 
Mr. solicitor, I pray you tell him the Law in this point.  
Then Mr. solicitor (who had sitten all the while very soberly, noting what passed (and if a man's mind may be known by his countenance seemed to mislike the course holden against me, upon my Lord Andersons commandment) stood up, and putting off his hat unto me said:  Eger. 
Mr. Udall, I am sorry that you will not answer nor take an oath, which by Law you ought to do: I can assure you, your Answers are like the Seminary Priests Answers, for they say, there is no Law to compel them to take an oath to accuse themselves.  Vda. 
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 until they be condemned by Law, may require all the benefits of Subjects, neither is that any reason, that their Answering so, should make the claim of less value for me, seeing that herein we are Subjects alike, though otherwise of a most contrary disposition.  Buck. 
My Lord, it is no standing with him thus, what sayest thou, wilt thou take the oath?  Vda. 
My Lord, I have said as much thereunto as I can.  
Then they commanded me to go forth, and they consulted a little space and called me again, at which time almost every one of them, used many words to persuade me to a confess a truth, saying the Queen was merciful, and that otherwise it would go 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 be I dare not take this oath.  Awbury Lewen. 
You have heretofore taken it, and why will you not take it now?  Vda. 
Indeed you call to remembrance a good reason to refuse it, I was called to Answer to certain Articles upon mine oath heretofore, which I voluntarily did, and freely confessed that against myself, concerning my judgement and preaching of the points of Discipline, which could never have been proved; and when my friends laboured to have me restored to my place; the Archbishop 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 again.  And. 
Whatsoever be the issue of it, you must do your duty and deal plainly with the Magistrate.  Vda. 
I take my duty to be in this case, not to answer, nor the magistrates 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 allegeth to the same purpose.  Buck. 
What, you are an Elder are you?  Vda. 
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 Minister of the word, as our adversaries understand it, I am an Elder.  Roch. 
It is true my Lord, that an Elder in that place containeth all such as he is, but none else.  Buck. 
Yea but they would have other Elders to govern the Church, which desire of theirs, when it cometh to pass, I will give over my Barony, and become an Elder.  Vda. 
If your lordship understood what great pains and small worldly recompense belongeth to that office, you would never say so.  Roch. 
The day is past, and we must make an end, will you take the Oath?  Vda. 
I dare not take it.  Roch. 
Then you must go to prison, and it will go hard with you▪ for you must remain there until you be glad to take it.  Vda. 
God's will be done, I had rather go to prison with a good conscience▪ then to be at liberty with an ill one.  Roch. 
Your sentence for this time is to go to the gatehouse close Prisoner, and you are beholding to my Lords here, that they have heard you so long.  Vda. 
I acknowledge it, and do humbly thank their Honours for it.  
And when they were all gone, my Lord Cobham stayed me to speak to me, 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 lordship's good favour, he promised to do for me what he could, for which I humbly thanked him, and so was carried to the gatehouse by a Messenger, who delivered me with a Warrant to be kept close prisoner, and not be suffered to have pen ink or paper▪ or anybody to speak with me. Thus I remained there half a year, in all which time my wife could not get leave to come unto me, saying only that in the hearing of the Keeper she might speak to me, and I to her, of such things as he should think meet, notwithstanding that she made suit to the Commissioners, yea unto the body of the council, for some more liberty: all which time my Chamber fellows were Seminary Priests, traitors and professed Papists. At the end of half a year, I was removed to the White-lyon in Southwark, and so carried to the assizes at Croyden, where what was done, I will not mention, seeing there were present such as were both able, and I th●nk willing to set down, unto whose report I refer those that would know the same.  

A collection of such things as were truly gathered concerning the arraignment of Mr. John Udall, at the assizes at Croyden the 24. and 25. of July, 1590. noted faithfully by such as were beholders of the same.  

MAster John Udall, Minister of the word of God at Newcastle in the North, being suspected to be the Author of a book, called a Demonstration of Discipline, was sent for to come to London, who at his coming was committed close prisoner at the gatehouse at Westminster, from whence (after he had b●n kept close there the space of six months and above) he was in like manner committed to the prison of the White lion in Southwarck, and from thence the 22. of July, was carried to the assizes held at Croyden in the County of Surrey, where were appointed for that assizes to be Judges, Baron Clarke and sergeant Puckering, who according to the custom, gave the charge of the assizes: wherein Baron Clarke showed the intent of their coming 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 showed the great use and necessity of Laws, and giving our Laws their due commendation, he preferred them before all other Laws of any other Nation in the world, and further declared how near they were for outward government, to the Laws of God▪ wherein he noted some particulars of them; showing that as the Laws of God did condemn Blasphemers▪ Idolaters, prophaners of the Sabath rebellious and disobedient against superiors. Murderers Adulterers, Thieves, railers, and false witnesses: for most of these or all of them, he showed particular Statutes of our land that condemned them, and showed the punishments of them. Then he showed, 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 public places, that all might hear and see with what equity they were dealt withal: so also our laws condemned none but in public 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 public places, and when there were witnesses to prove the guiltiness of the offenders; so also our law condemneth none but plain evidences and true witnesses must be produced against them. Many other things he spoke 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 legs, which moved many greatly to lament to see a Minister of the gospel, brought the foremost as principal of so many Malefactors: then were the prisoners called by name▪ and answered severally to their names, who were no further dealt withal for that time, by reason of many other things that the Judges were busied withal: the next day in the morning, the judges being set, and the prisoners standing at the Bar, one John Pepper a felon and a robber by the high way, was called forth to answer to his indictment, and according to the order he held up his hand at the Bar and pleaded for himself, that he was not guilty; and being demanded by whom he would be tried, he referred himself 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. Udall called and commanded to hold up his hand at the Bar, who held up his hand accordingly. Then was his indictment read, being thus: John Udall, late of London Clerke, thou art indicted &c. 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: and being asked wheteher he were guilty or not guilty? he answered thus:  Vda. 
My Lords▪ may it please you to hear me a word or two.  Iud. 
Cla. Answer first to the juditement and then you shall be heard.  Vda, 
My Lords I beseech you hear me first a word or twain.  Iud. 
Say on.  Vda. 
My case is rare, and such as hath not been heard of heretofore, and consisteth upon divers points of law, I humbly crave of your Lordships to grant me to answer by council if it may be.  Iud. Cl. 
You cannot have it, and therefore answer to your indictment.  Vda. 
Then I answer (my Lrods) that I am not guilty.  Iud. Cl. 
How wil● thou he tried?  Vda▪ 
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.  
Then the clerk of the assizes said to the parties A reigned (after he had read the names of the jury before them) These men whose names you have heard, are to go upon your lives and your deaths, look upon them when they are called to be sworn▪ and if you know any cause, take exception against them. Then the rest of the Felons having nothing to say, Mr. Udall said My Lords, I am ignorant of the law in this point, I pray you therefore show me the manner of challenging the Jury, how many I may challenge, and whether I may render a reason of the same.  Iu. 
I think you will know a cause in your conscience; before you challenge any of them.  Vd. 
Then I pray you my L. how many am I by law permitted to challenge?  Iud. 
Nay I am not to t●ll you that, I sit to judge, and not to give you counsel.  
Then Mr. Vdal keeping silence, Proclamation was made according to the manner that if any man could give in evidence against John Udall, prisoner at the Bar▪ that they should come into the Court and be heard. Then Mr. Daulton stood up. And in the mean while Mr. Udall said to the judges thus: My Lords▪ I beseech you answer me to one question before Mr. Daulton begin to speak:  Jud. 
Sa● on.  Vda. 
Is it permitted me by law to answer to those things in particular which are brought to prove this Indictment?  Jud. 
It is permitted.  Vda. 
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.  Jud▪ 
What are your Petitions?  Vda. 
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 being overwhelmed with multitude of matter, I should forget to answer to some points of importance and the Jury made the l●sse able to discern of the particulars. The second is, that it might please you to grant me to answer without interruption.  Jud. 
You shall have them b●th granted.  Dau. 
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, before he should prove the Indictment, to say something touching this, that this man and such as he is do maintain, &c. 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. Udall, 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 horrible Blasphemy in these words of the consecration of the Lord's Supper, Take eat this is my Body, drink this is my blood. Then he cried out saving, Oh horrible ●lasphemy, and taking occasion upon the variety of these books, he affirmed that there was no constancy in these men; And whereas one of the books doth allow, that over every Congregation there should be a faithful Pastor, that 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; no quoth he, her Majesty is no sheep under any shepherd in the wo●ld▪ except Christ: 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.  Vda. 
Mr. Daulton hath used a very large speech, which doth nothing concern 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, only thus much will I say, (if it please your Lordships) that seeing Mr. Daulton is by profession a Lawyer, and the cause is yet in question amongst the learned Divines▪ methinks it had been more modesty for Mr. Daulton to have suspend●d ●●s judgement un ill the controversy had been determined amongst them▪ to whose profession it belongeth▪ especially seeing Mr. Daulton knoweth in his conscience, that he hath heretofore carried some show of ●●keing to the cause which now he speaketh against.  Jud. 
Sirrah, sirrah, answer to the matter that Mr. Daulton hath against you, Mr. Daulton proceed to the proof of the points of the Indictment.  Daul. 
My masters, you of the Jury, &c. 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 Eliz. 23. cap. 2.  
Then was Mr. Beadle the Register called▪ who was sworn that these Examinations following▪ were as the parties themselves confessed the same: And to prove the first, the clerk of the assizes caused Stephen Chatfield to be called into the Court, to give in evidence against John Udall, 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 judge Clarke said, Mr. Udall you are glad of that. Mr. Udall answered:  Vda. 
My Lords, I wish heartily he had been 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 complaint 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.  Dault. 
It is no great matter whether he be here or no▪ for we have his Articles, against you, and your own confession to prove this point sufficiently.  
Then were Mr. Chatfields' Articles (that he brought to the Archbishop against Mr. Udall) 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, and thereupon asked Mr. Udall whose writing they were, who answered, they are a friends of mine, whereunto Chatfield 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, for he doubted they concerned the State. These papers he saw in Mr. Udall▪ Study at Kingston. Also he further saith, that at an other time, he having conferred with Mr. Udall in a certain field by Kingston, called little▪ field, about his putting to silence, he saith, that the said Mr. Udall uttered these words, That if they put him to silence, he would give the Bishops such a blow as they never had.  Vda. 
May it please your Lordships that I may answer to these things in particular.  Jud. 
Say on let us hear your Answer.  Vda. 
I was accused this time two years upon the words of Chatfield, that these papers that he did see in my study, should be the matter of Martin Mar-prelate, and because I cleared myself of that, it is now brought to prove an other matter, but it proveth nothing unless it were set down in particular what they were.  Daul. 
It proveth this, that you had a purpose to write this book, and those things were collections from your friends and preparations thereunto.  Vda. 
Let the jury consider how that point is proved by it. Besides it may be proved, that this book was extant in men's hands before the conference between Chatfield and me, therefore how can it be proved that this is the book that should give them such a blow.  Dault. 
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. Chatfield. Then the clerk read his answer to this effect, tha● if the Bishops put him to silence, they would give him occasion and leisure to be employed in writing against them. Then said Mr. Daulton, is not this most evident, what can be plainer than it is?  Vda▪ 
I pray your Lordships to give me leave to explain these things.  Iud. 
Say on and be brief.  Vda. 
Mr. Chatfield told me that he was commanded to come to Kingst●n and be resident there; of purpose that I might be put to silence, and that there might not appear any want of a preacher▪ ay being put down. Whereupon I said in effect, as is above rehearsed: but I pray you hear in what sense these words were uttered.  Iud. 
The matter is clear, and we see what you can say to it well enough, proceed Mr. Daulton to the proof of the second point.  Dault. 
And that you be the Author of this slanderous and infamous libel, it shall be proved clearly to the jury before your face; then said he to the clerk read the answer of Ni●holas Thompkins, which was made upon his oath before her majesty's High Commissioners Then was read to this effect that Thompkins knew that Mr. Udall was the Author of that book called the Demonstration, for he said, that Mr. Udall himself 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 books that Mr. Udall had made, amongst which the Demonstration was one.  Daul. 
You see here that this is clear and a sufficient testimony.  Vda. 
It carrieth some show, but it is nothing.  Iud. 
Do you c●ll the testimony of one being an honest man, and upon his Oath, before the High Commissioners to be nothing, can you answer it?  Vda. 
My Lords▪ I answer it thus, denying it to be his testimony, for if it be, why is he not present to verify it face to f●ce, according to the Law?  Iud. Puck: 
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 corporal Oath.  Dault. 
You can take no exceptions against that, and will you say he is not an honest man?  Vda. 
I am persuaded he was amazed, and answered he knew not what, for he hath reported it so diversely, that it seemeth ●ee remembreth not what he said.  Iud. 
But the Oath of Thompkins is to be preferred before his bare rep●●t.  Ude. 
My Lords I answer, I protest unto you (and will verify it upon my Oath▪ if it please you) 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 tho●sand pounds affirm any more than this t●a● he heard me say, I would not doubt but set my name to that book if I might have indifferent judges. And further (if it please you my Lords) here are some witnesses that upon their Oaths will testify, how diversely he hath reported of his confession to this thing, if it please your Lordships to accept them. 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. And after other Speeches passing, Mr. Udall said:  Uda. 
My Lords, the speech of the Catalogue is most vain, and hath no sense in it, for can I have made so many books, as that I need make a Catalogue of t●em? It may be my Lords, he saw a Catalogue of the books in my Study, wherein 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.  Daul, 
You of the jury consider this, that Thompkins was Mrs. Crane's man, and one that was privy to all the Printing that was at her House, and M●, Udall used to go often thither.  Uda. 
All that is nothing to me, what if I used to go thither, she is of my acquaintance I know her to be an honest Gentle woman, what can you gather by any of these things? why is not Thompkins here to d●clare his testimony, and to say what he can?  Daul. 
He is beyond the Seas about merchandises, sent away by Mr. Gore who married Mrs. Crane's daughter.  Vda. 
How doth that appear he is no merchant but a servingman, 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 show 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 oaths of others. And then the judge said.  Iudg. 
What say you? did you make the book (Udall) yea or no, what say you to it, w●ll you be sworn? will you take your oath that you made it not? we will offer you that favour, whi●h never any indicted of felony had before, take your oath and swear you did it not and it shall suffice.  Vda. 
My Lords I pray you hear me to this, if I would have done so before the Lords of Her majesty's privy counsel that committed me, I had not come hither, but I neither then might nor may do so now; whereof I pray you let me show a reason to the jury. 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. Now the Author is sought for that he may be punished for some speeches that may be wrested in the book▪ therefore lest he should be found (if one after another that are suspected do deny it) it is thought best every one neither to confess nor to deny, yea though we suffer some punishment rather than the author being found out should suffer extremity.  Iudg. 
Nay this is but a shift, I will go further with you, will you but say upon your honesty that you made it not? and you shall see what shall be said unto you?  Vda. 
My Lords it is all one I make a conscience of my word as of my oath, for I must give account for both. This is no direct course in this place.  Iudg. 
You of the jury consider this▪ This argueth that if he were not guilty he would clear himself, and consider well of it▪ And then speaking to Mr. Udall, he said do not stand in it but confess it and submit yourself to the Queen's mercy before the jury find you guilty.  Vda. 
My Lord I answer that according to my indictment 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 brief. 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, 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 one to another, and would you have me to confess a fault where there is none, no I cannot do it neither will I: wherefore proceed in your course begun.  Daul. 
We have yet more proof than this, though yet this were sufficient of itself, 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. Udall was the Author of the Demonstration.  Vda. 
Sharp and I were never above once in company together (to my remembrance) neither knew he ever any of my dealings. This is nothing to prove me the Author of the book, reports be uncertain, and if reports be true the Archbishop himself told me that Mr. Penry made it, which is more forcible for me, than any of Sharp's reports can be against me.  Daul. 
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. Crane's house.  Vda. 
Here is one man's saying that another said so, let the jury consider of what force this proof is, if you have any more let it appear.  Iudg. Clarke. 
You of the jury have not to inquire whether he be guilty of the Fel●ny but whether he be the Author of the book, for it is already set down by the judgement of all the judges in the Land, that whosoever was author of that book was guilty the Statute of Felony, and this is declared ab●ve half a year ag●ne.  Vda. 
Though it be so determined already, yet I pray your Lordships give me leave to show that which I have to say and I will be very brief and it is to prove, that though I were found to be the author, yet it cannot be within the compass of that Stature, An. 23. Eliz. cap. 2. whereupon the indictment is framed.  Iudg. 
You shall be heard to say for yourself what you can, therefore say on.  Vda. 
Though I be not by Profession a lawyer, yet I think I can show it clearly by these reasons following. First, The intent of the lawmakers, (which always is to be regarded in these cases) is to be considered which appeareth in the Preface of the Statute in these words; To suppress the malice of those that be evil affected to her highness. Now I pray you consider this, how can it be? 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' prosperity and happiness both of soul and Body; How is it possible I say, that such a one should be maliciously affected towards her? Therefore it is evident that the Statute was made against the Papists, who use to slander her highness with the terms of heretic, &c. and no way against us for I dare boldly say of myself, 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. Secondly, 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: pattly for that which is said before, and partly for that my course of teaching and living in this Country these 9 years (saving this last year, wherein I have been absent) is known to have tended to no other end then the provoking and persuading of the people to like of and yield obedience unto her majesty, and the Religion received in her Dominions, for the proof whereof I refer myself to the consciences of all men in the Country that have known me: And further it is 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 gatheted, I do acknowledge to have received by her majesty's means These things considered, how can it be that I should be evil affected towards her highness, whom I protest I unfeignedly reverence? And therefore the worst that the author can be charged withal is his overheat and to much vebemency by reason of his zeal against the abuses, and not any malice against her majesty, or the meanest of her subjects: again the matter to bring it within the compass of the Statute must be false. But this book is written in the behalf of a most true cause. Lastly the end of it, must be either to the defamation of the Queen's majesty or stirring up of insurrection, sedition, or Rebellion. For the former I trust that the whole course of our behaviour both in our ministry and conversation, declareth itself 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. 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, yea we would not refuse if need so required, to lay down our lives for redeeming of the least aching of her majesties little finger wherewith she might be grieved. Now for the second end which is the moving or staring ●p of Rebellion &c. I pray your Lordships, and you of the jury to consider this, There have been since the first day of her majesties reign, learned men that have desired the advancemen● of this cause and many of the people that affected it. 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: yea this book which is now in question hath been extant these 2 years, yet I trust neither your Lordships nor any here present can show 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 enterprise any such matter, and therefore the making of this book cannot be Felony. 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, (which is the defamation of her highness' government) yet (as I take it) it should not be felony by that Statute, for the whole course of it, declareth, that it is only meant of them that defame her highness' Person, and not her Government, as it is manifest by the last proviso, wherein it is showed, that the whole Statute doth determine and end with her majesty's life: 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. Therefore it seemeth that the Statute hath no further regard than this, that her highness' person might be preserved in that Honour and dignity which becometh her royal Dignity and Estate. And I do beseech your Lordships to answer me, for I appeal to your consciences as you will answer to God for my life, 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.  Iud. Puck. 
Judge Puckering said, you do not well to charge us so with our consciences, which God only is to know: I answer you, the intent of the Statute is against all, for so the words are.  Udall. 
The words my Lord, I confess are so, but is the principal intent so?  Iud. 
Yea it is so.  Iud. Cla. 
We have heard you speak for yourself to this point at large, which is nothing to excuse you, for you cannot excuse yourself to have done it with a malicious intent against the Bishops▪ and that exercising that Government which the Queen hath appointed them, and so it is by consequent against the Queen.  Vda. 
My Lords, I am persuaded that the Author did it not of any malice against them, and for myself, I protest I wish them as much good as I do to my own soul 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 unlawful 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 do: 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.  Iud. Clar. 
That is true, they do not the good that they might do; but yet that doth not excuse you▪ for It is plain in your book, that you writ not against them only, 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 Bishop's house it may be these twenty years and never be much molested for it; what is this but a plain standering of the State? and mark the words, for you say, you could live so in England: And doth her majesty's Laws allow of Papists? this maketh eviden●ly against you, and it is so plain that you cannot deny it.  Vda. 
My Lords, if it might please you to hear me a word or two, I will show the meaning of the Author of the book, I beseech you to hear me and I will be very brief: I know that the Laws of England do not allow of any such as are mentioned in the book, for there are godly Laws made for the punishing of them, if they were put in execution. 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 employed in finding us out, and punishing of us, not regarding (in a manner) the punishing any sin else.  Iud. 
What sirrah will you not confess any fault to be in the book, you seek to excuse all.  Vda. 
My Lords, I do acknowledge, that there was never any work of man so perfect, but there have been 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 confess, that they may fail in their actions, and be partial (as they are men) in the manner of handling of any thing; so also the Author of this book, being assured that the matter is without reproof, may err in the manner, in being overzealous in the handling of it, and this fault I will easily confess to be in the book my Lords; but I am sure the Author never had any malicious intent against her highness, or any of her Subjects.  Iud. Clar. 
This book hath made you to come within the compass of the Statute, though your intent were not so, for I am sure there was Mr. Stubbs, well known to divers here, to be a good Subject, and an honest man, yet taking upon him to write a a book against her Majesty touching Mounseir, he thereby came within the compass● of Law, which he intended not in making of the book, and I am persuaded, that he did it of a good affection towards her Majesty; and yet if this Law had been made then, which was made since, he had died for it: so you, though you intended not to come within the compass of the Statute, yet the Law reacheth to your fact as that did to his.  Vda. 
My Lords, his case and mine is not alike, for his book, concerned her highness' person, but the Author of this book toucheth only the corruptions of the Bishops, and therefore not the person of her Majesty.  Iud. 
But I will prove this book to be against her majesty's person, 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 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 majesty's person, seeing they cannot alter the Government which the Queen hath laid upon them.  Vda. 
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 nothing be amiss, and because she hath 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, and therefore was it that the Author did so charge them.  
Then the judge proceeding further in the book to prove him to have offended, he took occasion by the same to speak against railing against Magistrates, and speaking to Mr. Udall he said in effect thus:  Iud. Cla. 
Sirrah you that should have been a teacher of her majesty's people, you should have taught yourself not to have railed upon the Rulers of the people, for do you not know what is written in the 23. of Exodus, Thou shalt not rail 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 Lord's high Priest? to which Paul answered, I knew not Brethren that he was the high Priest, lo thus did he acknowledge his fault, do you know these things sirrah?  Vda. 
My Lord, you know that we hold it not lawful for a Minister to be a civil 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.  Jud. 
But how if the Queen doth give it them?  Vda. 
They ought not to take it. And my Lord, (if it please you) I will answer to your proofs, though I came not hither to dispute. But in my answering, my purpose is not to give any liberty to any man, to rail upon any that are in Authority. Now to your proofs I say my Lords, that the place out of the 32 Exod. doth rather concern your Lordships and such as are under her majesty for Judges, than any way to concern the Bishops: 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 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, for there was no lawful 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 book again, saying, that the book did concern the State▪ and said:  Iud. 
But Sirrah thou canst not so excuse thyself, as though it touched not the Qu. and the State, for is it not written in thy book, that this saying will not serve their turns, the Queen and council will have it so: whereby it is plain, that thou didst speak against the Queen and the State.  Vda. 
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 Queen and council will have it so: And surely herein methinks they slander her highness, and we tell them, that however they bear it out here before men, yet before God that excuse will not serve their turn.  Iud. 
Thou canst not carry it away so, dost thou not plain●ly say, that they are not safe though 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 vi●lence.  Vda. 
It is true, that whosoever doth unjustly is not safe in it, though all the Princes in the world should descend him in it; and that is the meaning of the Author. But to say that force and violence is threatened them, is furthest doubtless from his meaning; 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.  Jud. 
No, no, these are but excuses, these malicious Speeches proceeded from thee, and were the groundwork of all these▪ Lihells that have been dispersed since, and thou art▪ known to be the ringleader of this faction.  Vda. 
There is no reason to charge me with other men's doings, every man must answer for himself; but as for me (alas) I am nobody; 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. 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, and therefore seeing now it cometh into my memory, I pray you to hear me, though it be out of time, concerning the Felony whereof I am accused, it maketh greatly for me.  Iud. 
What is it? let us hear what you can say?  Vda. 
When I was before the Lords of her majesty's council at the time of my Commitment, amongst other things that I alleged against the taking of an oath to accuse myself, I said that the thing was accounted criminal, and therefore by law I was not to answer: my Lord Anderson said that I said true if the case had concerned either the loss of life or limb, whereby it is manifest that then my case was not esteemed Felony.  Iud. 
Though the judges 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 narrowly sifted.  
Then the judge (having spoken to the like effect also) 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, for (quoth he) it is already determined by all the judges of the ●●●d, that the Author of that book was in the compass 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 sworn as well as you are, you are ●o hear us, and to take our exposition of the law: and after many other speeches, the judges said, go thy way, we will hear thee no longer, get thee hence, and shaking his hand he called for the other Felons to hear their Causes.  Iury. 
Then the jury said, what can we find?  Iud. 
Find him Author of the book, and leave the Felony to us. And after some other Speeches, Mr. Fuller 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. Daulton said, what have you to do with the matter Mr. Fuller to speak to the jury? Then there being some noise at the Bar, Mr. Udall could not any more be heard; yet as he was ready to depart, he said to the jury; you of the jury consider this, that you have not to consult about the life of a Seminary and Popish Priest, but of a minister of the gospel.  
Then judge Clarke showed 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▪ and the second is a point in Law agreed upon by all the judges, as I have said.  
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. Udall replied willing them not to trouble him with any such matter, for he was clear in his conscience, and therefore he was not to accuse himself; In which time also the jury diverse times sent and received messages from the judges▪ and at the last, the foreman of the jury went himself unto them. Thus having debated of the evidences of the rest of the Felons with Mr. Udall, after the judges had dined the jury brought in their verdict that he was guilty of Felony.  
After that Baron Clarke 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▪ which did so; and first M▪ Udall was called, who stood forth at the Bar, but the judge commanded him for that time to stand aside, saying that he would deal with him anon: then some of the prisoners which were saved by their books, were burnt in their hands, and for that night there was nothing more done. Then the judge 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 days work, being the 25. of July.  
THe next morning near about 4▪ of the clock the prisoners were brought to the Bar, who stayed till the coming of the judges▪ 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. Udall, 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. Udall was called the second time and the clerk of the assizes said, John Udall hold up thy ●a●d, what canst thou allege for thyself, why thou shouldst not receive judgement to die.  Vda. 
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; now therefore must I plead another plea, and therefore I crave of your Lordships to grant me the benefit of the pardon granted the last Parliament.  Iud. 
I think you can have no benefit by it, for I am deceived if it be not excepted. Then said he to the clerk or some other, reach me the Statute book, and whilst he looked in the same:  Vda. 
Mr. Udall said, I pray your Lordships consider the ground of my plea, albeit▪ indeed it seem to be excepted: your Lordships confessed yesterday, and I showed it by my Lord anderson's 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 ecclesiastical Courts.  Jud. 
That is nothing, for if the lesser be excepted, much rather is the greater▪  Vda. 
My Lords, I refer it to your consciences and favourable considerations: the words are these in the pardon, which he repeated, and they finding it to be as he had said, the Judge said, here is no help for you: and after other speeches between them of the meaning of the words of the pardon, the Judge said, Mr. Udall your council hath deceived you.  Vda. 
My Lords, I have not received any council herein, for I have been close prisoner this half year, and therefore could not attain to have any council; but thus much have I gathered, which is my judgement out of the book.  Jud. 
What can you allege more for yourself? for this helpeth you not:  Vda. 
Nothing but mine own Innocency, but that your Lordships may proceed.  Iud. 
What say you? are you contented to submit yourself to the Queen:  Vda. 
Yea, or else I were not worthy to live in her highness' Dominions.  Iud. 
But will you acknowledge yourself to have offended her Majesty in making this book? she is gracious and full of mercy, it may be, that we reporting your submisi●n unto her Majesty, may procure her pardon for you.  Vda. 
May it please your Lordships to hear me; The cause for which I am called in question, I cannot forsake in any sort, for I hold it to be the undoubted truth of God: but, etc▪ And then he was interrupted by judge Puckering, who said:  Iud. 
Nay stay there, you cannot go away with that speech unanswered, to buzz▪ into the people's ears such a conceit, that it is an undoubted truth that you hold; for I hold it to be an undoubted falsehood: 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 ancient Laws, which he affirmed would be overthrown, if this government that these men seek for should be established: And then he further showed, what inconventences (as he thought) would come by the same, viz. 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; 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 reform 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 plain, that if they cannot have it with her majesty's consent, they will have it though it make our hearts to ache, as you say in your book▪ And whereas her Majesty hath Revenues belonging to her Crown out of the Church-livings, and cathedral 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 Queen and the crown under their g●rdles.  
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. If these things be not loo●'t unto in time, what confusion shall we have in this land shortly? many other things be spoke against the cause of Reformation, which I cannot particularly lay down but this is in effect the substance of it; concluding he said, Thus much Mr. Udall have your speeches enforced me to speak lest the people here present (being deceived) should be carried away by it. To which Mr. Udall answered briefly.  Vda. 
My Lords it is bootless for me to enter disputation with you in this place touching this matter, only this I could wish you to leave it to be first decided by the learned Divines to whose calling it belongeth. And although some weak men wan●ing judgement 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, 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.  Iudg. Clar. 
You are deceived it is not a matter of Divinity only, but it is a matter of State, and within the compass of our Profession, and it is not so greatly in controversy as you would have us to believe it is.  Vd. 
It is diversely debated (my Lords) and the greatest number of learned men in Christendom do maintain the same.  Iudg. 
How do you know that, have you been beyond the Seas, to know the greatest number of learned men to be of this judgement?  Udall. 
Your Lordships know that all the Churches of France, the low Countries, and of Scotland do maintain the same? besides many hundreds of learned men in this land.  Iudg. 
Have you been in all these Churches that you can tell so much?  Vda. 
I know it to be true (my Lords) for their practice doth show them to be of this judgement.  Iu. 
Well, if you can allege no more; neither will submit yourself to the Queen's mercy, then hear your judgement.  Vda. 
My lords I was beginning to speak, but you interrupted me, I pray you hear me, what I will say▪ and then do as God shall move you.  Iud. 
Let us hear what you will say.  Vda. 
As I said before so I say now, I believe the cause to be the undoubted truth of God, and therefore in the matter I cannot by any means yield; yet seeing by your order of law I am found to be guilty, neither can I (for the reverence I bear to her majesties laws) take any exceptions against you nor the jury, but that which you have done I acknowledge to be done in all equity and right. Seeing I say you have found me to be guilty, whereby I cannot live without h●r majesties 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 (if I have offended) seeing it hath pleased your Lordships and the jury to find me guilty, I do willingly submit myself and heartily crave her majesties pardon.  Iud. 
But are you sorry, that you have offended the Queen's Majesty.  Vda. 
I am sorry, that the course of the Law hath found me to have offended.  Iudg. 
So is every thief that is c●ndemned sorry, that his offence is found out, but not for the fact. This is a plain fallacy.  Vda. 
My Lord indeed if it were so as your Lordship doth understand it, it were a plain fallacy, but I say further, if in the manner of handling so good a cause, there be found in me any offence against her majesty's laws: And I acknowledge that in the manner of handling it Her majesty may be justly offended, for which I am sorry. 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, and this is the care of us all, howsoever we be charged with factions.  Iud. 
You say if there ●e found any offence, whereby you call in question the equity of dealing in this Court against you.  Vda. 
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 deal otherwise then lawfully against me.  Iud. Puck. 
You say you seek no unlawful means, what can be meant but unlawful means in the words of your book▪ If it come in by that means that will make all your hearts to ache, blame yourselves: What good means ca● be meant by th●se word●?  Udall. 
My Lords, yesterday I showed you, what I took to be the meaning of the Author in some places of the book alleged against me in the indictment▪ and then I would have spoken unto all, but you cut me off, I pray you therefore let me show you the meaning of the Author in those words now.  Iudg. 
Let us hear you how you expound it.  Vda. 
My Lords, your Lordships must understand, that the Author taketh it for granted that the cause is God's and must prevail, and therefore seeing God hath used all the means of his mercy to bring it in, in giving us a gracious Prince, ●ong peace and abundance▪ and of stirring up some to exhibit 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 always the manner of God's dealing.  〈…〉 
〈…〉 expound it so, for the words import another thing.  〈…〉 
〈…〉, the Author himself expoundeth it so in the words follow- 〈…〉 saith, that it must prevail, for such a judgement will overtake this Land 〈…〉 ears of all that hear thereof to tingle, so that he meaneth nothing 〈…〉 God will bring it in by his own hand by judgement, if by mercy he can- 〈…〉▪  Iud. 
No no, your meaning was that it should be brought in by force and violence.  Vda. 
God forbid! far be it from us to conceive any such Imagination. The Author of that book doth plainly show that he meant no such thing, and the words following in the end of the Epistle do declare the same, for there he showeth 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.  Iudg. 
Nay the meaning is, that if the Queen will not, yet you say it shall come in, for so the words are, that it must prevail, maugre the heads of all that stand against it.  Vda. 
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 between malice and ●eads, for some are against the cause through ignorance▪  Iud. 
It is all one in effect▪  Vda. 
Nay (my Lords) there is great difference,  Iud. Puck. 
Well Mr. Udall you were best to submit yourself to the Queen's mercy and leave these courses, for I tell you that your book is most seditio●s and slanderous against her majesty and the State, and yet I assure you that your book had been passed over, if there had not come forth presently after it such a number of slanderous libels, as, Martin mar-prelate, Martin's Epitome, Martin junior, or thesis martiane, Martin senior, and others such like, of which your book was judged to be the ringleader.  Vda 
My Lords those that are learned, and do maintain this cause, do judge this book to be written very indifferently, howsoever it be hardly construed. But for Martin and the rest of those books that you have named, they were never approved by the godly learned. And I am fully persuaded that those books were not done by any minister, and I think there is never a minister in this Land, that doth know who Martin is. And I for my part have been inquisitive but I could never learn who he is.  Iud. 
Clar. You will not acknowledge yourself faulty in any thing, and therefore it is in value to stand any longer with you.  Vda. 
I will easily confess that in manner the Author hath offended, for no man can handle a cause so well but there will fault appear in it, as appeareth by Job who having a good cause handled it weakly: It is easier to handle an ill cause cunningly, than a good one well.  Iud. 
Nay but you have maliciously offended in publishing this book, which tendeth to the overthrowing of the State and the moving of Rebellion.  Vda. 
My Lords that be far from me▪ for we teach that in reforming things amiss if the Prince will not consent, the weapons that Subjects are to fight withal are repentance and prayers, patience and tears.  Iud. 
Yea you had done well if you had used these weapons rather than to have made this book.  Vda. 
God forbid but that we should give unto her majesty that Honour which justly is due unto her, for we have not taught the people to reform the State without the Prince, and our practice hath proved the same, for we never taught any of her subjects to go before her, but to leave that Honour as belongeth to her majesty.  Iud. 
Well▪ will you submit yourself or not? for else I must proceed to judgement, 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 yourself or else! am to pronounce sentence of death.  Vda. 
And I am ready to receive it: For I protest before God (not knowing that I am to live an hour) 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 myself in any thing.  Judge▪ 
Let the Cause alone and tell us no more of it, but acknowledge yourself to have offended the Queen's majesty,  Vda. 
I may not in any case yield in the cause, I have almost ever since I was a Preacher of the gospel professed it, and therefore I cannot be at this time changed.  Iudg. 
Let (I say) the cause alone and say what you will do.  Vda. 
I must needs profess it and mention it, lest it should be 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 than this I cannot say, do with me what you will.  Iudg. 
But are you sorry for offending her majesty and her laws, and be you conten●ed to amend and to live in obedience as becometh a good subject?  Vda. 
I am content to seek the advancement of this cause by no other means, than that which may stand with the laws of this Land, and the duty of a good Subject.  Iud. 
I come not here to entreat you to submit yourself, but you shall do it willingly upon your knees, and crave her majesty's mercy.  Udall. 
Then Mr. Udall kneeling down said, I refuse not any kind of submission to Her majesty: And I entreat your Lordships to be a means to her majesty for me. And if I were worthy that my poor papers might come unto Her majesty, or to her Honourable council, I would write thus much unto them.  Iudg. 
Nay will you write thus much unto us, that we may first see it and commend it to her majesty?  Vda. 
I willingly do it.  
Thus they dismissed him.  
And this is the sum of that which I with the help of others could remember, 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 judges 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 many other things Mr. Udall purposed and begun to say, which they stopped, so that they could not be perceived.  
The assizes being thus ended, Mr. Udall was returned to the prison of the White-Lyon again where he continued till the Sessions in S●ut●warke▪ beginning the 18. day of February, 1590. during which time he wrote a supplication or submission to the Queen's Majesty, as followeth:  
To the Queen's most Excellent Majesty.  
MOst Gracious and dread sovereign, The present lamentable estate wherein I stand, being found guilty by verdict, to be Author of a Book entitled, ● Demonstration of Discipline, and being without your gracious pardon▪ to die for the same: I humbly prostrate myself at your majesty's fe●●, submitting myself in most humble manner as becometh a dutiful Subject, to such order as it shall please your highness to appoint▪ to whom God hath given so high and sovereign a power as is able both to kill and to quicken, to bring to the gates of death, and to cause to return to the comfort of life again: Before whom standing thus convict, I am not to plead my innocency: yet I most humbly desire it may not offend your Excellent Majesty, that I protest (of the truth whereof I call God to witness 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 do any thing maliciously▪ or tending to the dishonour or slander of your majesty's royal person or Princely estate▪ under whose gracious government I have attained to so many benefits and blessings; amongst which I most highly esteem the true knowledge and ●●a●e of God; in regard whereof, I have been always▪ ready even to adventure my life, for the preservation of your most Royal person and defence of your Princely estate, and the same have also taught un●o others, as a thing ●pecially commanded by God; notwithstanding fearing the severity of justice unto death: I fly for life unto your majesty's most gracious mercy most humbly desiring your highness of your merciful compassion for relief of my poor 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 promises) that your Majesty by a special gift of God, is gracious and merciful, and have vouchsafed to show mercy even to such as were not only by imputation of law but indeed malicious and mortal enemies to your Highnes●e, and therefore▪ I hope that the same goodness of so Princely a nature may be moved, and will show forth itself in like gracious compassion on my behalf; which gracious pardon on my knees I most humbly crave your Excellent Majesty to grant unto me▪ by which special favour being raised as it were from the dead, I promise and vow to lead the rest of my life in all humble and dutiful obedience unto your Majesty; praying continually for the preservation of your highness' precious life and happy government, to the honour of Almighty God, and the comfort of all obedient and dutiful Subjects.    

A Declaration of that which passed between the Judges and Mr. Udall at the assizes in Southwark Febru. 19, 1590.  
BEcause you are▪ ●●sirous to understand of me the particular things which passed between the judges and me the 18▪ 19, and 20. days of ●●b. 1590. Albeit I had rather you should learn 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 satisfy your request praying that it may be kept secret amongst those friends that may have good by it, and not given out unto any such sort as may aggravate this heavy burden that is already ●aid upon me. Being called the first day of the assizes in the afternoon Sergeant Puckering said:  Puck. 
We do not mean now to deal with you, only I must put you in mind that you have made a▪ Petition, wherein you promise to submit yourself to such order as her Majesty shall appoint; consider of it, and look that you ●● it, for ●●an tell you, it is looked for at your hands▪  Vda. 
I know not my Lord what you mean▪ I made a Petition but to her Majesty, and will willingly perform any thing promised therein:  Puck. 
Well, advise well with yourself and look that you do it, I tell you aforehand.  Vda. 
Unless you mean that I know not your meaning.  Justice 
Fenner dwelling in●urre sat on the Bench and said, Mr. Udall, I must needs say something unto you, I have heard much good of you, and that you are learned, it were pity 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 special virtue in a man of your Calling▪ the want whereof marreth all in them that what i●▪ I pray you stand not in your own opinion too much, I have heard that you have done much good▪ let not humility be wanting, &c.  Vda. 
My Lord, I acknowledge that humility is a virtue generally required in men of my Calling, without which all other gifts are nothing▪ for God resisteth the proud, and giveth wisdom to the simple: and I desire that the same virtue may be found in me; but I trust your meaning is not thereby to persuade me to deny the truth, which I trust the Lord will keep me from, whatsoever befall me.  Fenner. 
I speak to you of good will, I would not have you stiff in your own conceit.  Puck. 
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 spoke of came to be examined, it was nothing but a sentence in my submission to her highness, the meaning whereof is (as the words going before it and immediately following it do declare) that I professed myself willing to live or die, according as that power which God hath given to her Majesty▪ shall appoint.  
I having been dealt withal to this effect the first day of the assizes (by certain 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 book in question▪ and justify the Hiera●chy▪ and perceiving that I was not to be heard till the last day▪ I entreated Sir William Moor and Mr. Bowyer to be a mean to the Judges for me▪ that (for as much▪ as▪ my case was rare, and I had (as I was persuaded) sufficient to allege why (notwithstanding the verdict against me) Judgement ought to be stayed) I might be heard overnight, that so (according to that good council given by them unto me▪ to advise with myself, and to consider what I would do) also they mig●● have a night to think 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 persuasions to draw me to relent (which being in private I will not express) told me that they sent for me, for that they understood I desired to be heard overnight, which they were willing then and there to do: I answered: My Lords, my meaning was not to desire private but public hearing, seeing I have nothing to say: but such as would prevent myself, and disappoint my public speech, if I should utter it in private: yet because they told me their other affairs would not permit them to have any time with me till the latter end of the assizes, I was rather willing that I should be prevented, than they should be constrained to determine on a sudden 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 verdict against me, and to be means 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 books are usually inquired 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 proof whereof I pray you it may be remembered, that your Lordship gave the jury in issue only for the trial of the fact, whether I were Author of such a book, and freed them from enquiring the intent, without which there is no felony.  
3. I humbly pray you to call to mind by what means the jury was drawn 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 fear, as appeareth in that it hath been an occasion of great grief unto some of them ever since. And then I pray you to consider, whether upon such a verdict so drawn from twelve simple men, Christian judges 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 wisdom 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 being nothing in that book spoken of her majesty's 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 politic) be not a violent depraving and wresting of the Statute, which if it be, you being Christian judges, 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 considered that without a malicious intent against her majesty's person, the Statute itself maketh no act forbidden by it to be Felonious; wherein I appeal first to God, and then to all men that have seen the whole course of my life & to your Lps. own consciences wherein I pray you to examine yourselves in the sight of God, whether either by yourselves or the just report of any other you can find me guilty of any act in all my life, that savoured of any malice or malicious intent against her Majesty or of any other behaviour than standeth with the allegiance and duty of a most dutiful and Christian subject. Of which malice or malicious intent against her Majesty, if your consciences clear me before God, the act wherewith I am charged being not felony 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 been produced face to face to charge me. But I have none such against me, neither any other thing▪ saving only papers and reports of Depositions taken by ecclesiastical Commissioners and others, which kind of proof the judges of the land cast away in case of lands, and by no means allow to be sufficient, and therefore are much less to be allowed in a case of life, which being so, your Lordships ought to have a conscience, that upon so weak evidences sentence of death be not pronounced.  
7. But if the same that hath been given in for evidence in writing, had been testified by men living▪ standing out in the presence of the Court and of me the accused, I trust your Lordships will consider that no one of the evidences do directly prove me to be the Author of the book 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 he is ashamed to come where he is known. Whereupon howsoever the jury have not discerned thereof, yet you being men of skill and understanding, are to have regard of it, and not upon so weak and impertinent proofs to proceed to judgement of death.  
8. If all these things were such as they ought to be, yet your Lordships are to consider (supposing me to be the author of the book in question) that the said book for the substance of it, containeth nothing but that which is taught and believed to be a part of the gospel of Christ, by all the best reformed 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 form, circumstance and manner of writing which some men may think worthy an admonition, some more severe worthy correction and amercement, the sharpest cannot judge it to deserve more than some short time of imprisonment. But death for an error of such a kind in terms and words not altogether dutiful of certain Bishops▪ cannot be but extreme cruelty: Which seeing it ought to be far from any Christian man that hath the bowels of Christ in him. Surely Christian judges professing the gospel, for a service of the gospel (saving some oversight in words and terms) ought not to proceed against me (that hath endeavoured to show himself a dutiful Subject and faithful minister of the gospel) to give sentence of death.  
9 My offence not being aggravated but remaining as it was the last assizes▪ when my submission was excepted, and judgement, thereupon stayed: I trust your favour will be the same towards me now also, seeing I am ready to do the like.  
If all this prevail not, yet my Redeemer liveth to whom I commend myself, 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 blood upon your own heads and upon t●e land. As the bl●ud of Abel, so the blood of Udall, 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 be guilty of it.  

This is the sum of that which I delivered to the judges.  
THe assizes being almost finished, and the other Prisoners that were called to the bar to have sentence of death, standing forth to hear the same▪ I was at the last called, and demanded what I could say for myself, why I should not have judgement to die. Hereupon I humbly craving audience began to this effect.  Vda. 
My Lords I do acknowledge that I have been hitherto proceeded against by due course of law, and that a verdict was given in against me the last assizes as guilty of Felony, &c. But I do not only (as heretofore) protest mine inno●enc●●, but also think that I have sufficient to allege why (not withstanding the verdict) judgement ought not to be given where I entreat to be heard.  Iud. Puck. 
I pray you stay, you seem in the beginning to speak contraries, for first you acknowledge the course of law to be due, and afterwards stand upon it, that you are innocent. How can a due course of law condemn the innocent?  Udall. 
These things agree well enough, as I will show if it shall please you to give me leave: it is by due course of law▪ that I have been indicted, arraigned, have had a jury impanelled upon me▪ been accused, heard speak for myself, and testimony produced against me. But in that the proof by witness was insufficient and the jury either in judgement or affection missed; thereupon it hath come to pass that (notwithstanding the due course of law) guiltin●sse is laid upon a guiltless person. But I pray you let me proceed to the reasons that I have to allege for myself.  
Then I lest the first reason of purpose seeing I did rather wish that they only should understand it (which they did by my papers overnight) then to blaze it to the World so that I did begin to speak according to the second reason mentioned before; whereupon Sergeant Puckering prayed Baron Clarke to speak, seeing it did most concern him.  Iudg. Clar. 
I must needs tell you, you ●●e us and the seat of justice great wrong, indeed ● told the jury 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.  Vda. 
It is not material my Lord in this case what the Judges think, for though all the Judges in the World thought so, our laws thought no man a Felon, or capable of sentence as a Felon till he be convicted by the verdict of 12. men.  Clar. 
You are so convicted as the record will testify.  Vda. 
I acknowledge the record against me, but I appeal to your lordship's conscience whether you delivered not unto them speeches to this effect. As ●or the Felony you are not so much to inquire, but only whether he made the book, leaving the Felony to us.  Clar▪ 
You do me great wrong, I only told them the law.  Vda. 
Well I leave it to your lordship's favourable consideration you perceive my reason.  
Then I spoke to the third Reason, whereupon it was said.  Puck. 
All that you say tendeth to the disgracing of the Court of justice holden against you heretofore, the jury were left to their own consciences, and did as they saw meet to do,  Vda. 
No my Lords, I speak not any thing to disgrace the court of justice, for I acknowledge both this course and all others of the like nature, to be God's holy Ordinance, which I ought to reverence, neither do I speak to defame the Jury, but only to give your lordship's 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 sentence thereupon.  Puck. 
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.  Udall, 
I pray your Lordships tell me one thing, must the judges always give sentence according to the Verdict, or may there not be cause to stay it?  Clar. 
Yes there may be cause to stay the verdict; such may the case be,  Vda. 
And I desire no other but that my reasons may be well weighed whether my case be such or no.  
Then I prayed for so much as they had the substance of that in writing afore hand which I meant to say, it would please them to give me leave to say at once what I could; lest my memory (being so much weakened and dulled be imprisonment should fail me, and so I leave some material thing unspoken. Then I spoke according to the 4 & 5 Reasons▪ whereunto little was replied saving such as things were mentioned at my arraignment. Only Baron clerk 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.  Puck. 
Who taught you such law tell you, you are much deceived and abused in it; one may be within the compass of Felony, though he do not directly meant any such thing.  Vda. 
Your Lordship knoweth I pleaded these points the last assizes, when I came from close imprisonment to the bar: I understand English which is the language wherein the Statute was written, and I profess myself a scholar and therefore to have (through God's mercy) some understanding of the sense of that I read. It seemeth to me most direct, and no otherwise to be taken than I understand it.  
Then I spoke according to the 6, and 7, reasons whereunto it was replied thus.  Puck. 
You are deceived in that you think the witnesses against you the less lawful because the parties were not present. It is an ordinary thing to have witnesses examined in the Chancery and other such like Courts, which do remain thereof as sufficient credit for ever, as they were when the party's oath was taken upon the same.  Vda. 
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 speak, for that it was said by the other Judge.  Clar. 
Where do you find that there must needs (by the word of God) be two witnesses face to face?  Vda. 
It is so clear as the witnesses were also to have the first hand in executing the punishment upon the party offending.  Puck. 
That was according to Moses Law, which we are not tied unto.  Vda. 
It is the word of God, which hath a perpetual 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 proof, such as in his Law is set down.  Clar. 
We are not now to call in question the proofs, seeing the jury did think them sufficient; This speech of yours tendeth to prove the jury perjured.  Vda. 
Not so my Lord, I think of them that they did according to their consciences, but being men unlearned, and the case being strange unto them, they may have done their best, and yet you being men of more knowledge and judgement, are to look further into the matter.  Puck. 
Whereas you say that none of the witnesses did directly prove you the Author of the fact, that was not necessary, for if all laid together, and the circumstances considered do prove it, it is as good a proof as if every witness were direct.  Vda. 
But the Law of God from which I trust our Laws disagree not, would that every proof be direct.  Puck. 
And do you think indeed, that the Laws of this Land are agreeable to the word of God.  Vda. 
I do not profess 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 miss thereof.  Puck. 
Then the Government by archbishops and Lord Bishops is according to the word of God. seeing the Laws of the Land do allow them.  Vda. 
I pray you my Lord take me not so general, for that will not follow upon my speeches.  P. 
Well you may not now disgrace the witnesses, you should have done it at your arraignment.  Vda. 
I neither meant then nor purpose now to disgrace the witnesses, but to show 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 alleged, 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.  Puck. 
You should have alleged this before, it is now too late.  Vda. 
It is alleged 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 allege it no sooner, because I knew it not till after the verdict.  Puck. 
We may not suffer you to proceed so to disgrace that which is passed already; If you have any other thing to say, speak on▪ otherwise we must do our office.  Vda. 
It is not my meaning howsoever you take it, to disgrace any thing passed heretofore, only I pray you further to consider, that Thompkins whose testimony only carried some show, protested before my commitment, that he would not for all the world affirm me to be the Author of the book.  Puck. 
Why did you not plead these things to the jury?  Vda. 
I did so, and offered to produce sufficient proof for it, but your Lordships answered, that no witnesses might be heard in my behalf, seeing it was against the Queen, which seemeth strange to me, for methinks it should be for the Queen to hear all things on both sides, especially when the life of any of her Subjects is in question.  Puck. 
The witnesses were then thought by the jury sufficient to prove the matter which we may not now call in doubt, therefore say on if you have any more.  Vda. 
Then I spoke according to the eight reason, whereupon it was said,  Clar. 
I tell you, you are not called into question for the cause (as you call it) nor for the body of the book, but only for slanderous things in the Preface against her majesty's government, and therefore you may let the cause alone.  Vda. 
But it is for the hatred borne to the cause that I am thus entreated, for had not it been handled in the book, such matter as is now made of the Preface had never been objected against me or any other.  Puck. 
Well it is best for you to leave off all other pleas, and submit yourself to the Queen's majesty's mercy.  Vda. 
I will do so with all my heart.  Puck. 
But will you do it as you did the last assizes?  Vda. 
Yea that I will; And so I spoke according to the last reason, whereupon it was said:  Puck. 
You confessed that you were justly condemned.  Vda. 
I am not yet condemned:  Puck. 
I mean convicted by the jury; then you acknowledged that you had offended her Majesty, that you were sorry for it, and promised that you would never do the like again.  Vda. 
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; only I pray you give me leave to speak of it, as I take it that it was: First, I did avow (and so I do now, and will do whilst I live) that the cause handled in that book, is an undoubted truth.  Clar. 
How often shall we bid you leave the cause, and tell you that you are not troubled for it.  Vda. 
But it is the cause that is sought to be defaced in my person, and therefore I must and will still prof●sse it and justify it, wha●●●ver disgrace I receive by it unto myself. I pray you let me proceed. Secondly I did protest that I never had any purpose to deface, but ever to seek ●o honour her Majesty and her Government. Thirdly, I professed that the course of Law against me was due; whereby what I have meant you have heard. Fourthly, I said that I never had any purpose to do any thing to the advancement of this cause, but keeping myself (to the uttermost of my power) within the compass of Law. Lastly▪ I never confessed myself to be Author of the book. Then my submission was this, that if I had done any thing to the advancement of so holy a cause▪ which had brought me within compass 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.  Puck. 
But all this is nothing to your book in particular, what say you to it?  Vda. 
I say this, that though I hold the matter in it to be a most manifest truth▪ yet I confess the manner of handling in some part to be such as might justly provoke her majesty's indignation.  Puck: 
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 think some matter in it more than is.  Vda. 
My Lord, you understand my judgement therein, I beseech you speak not against it▪ unless you will give me leave to reply unto you.  Puck. 
I may not do so, you pr●v●ke me to it, your Discipline that you stand upon, whereupon is it grounded? forsooth upon the saying of Christ, Tell the Church: which never was expounded these 1500. years, as you do within these few years.  Vda. 
My Lord, he did abuse you that told you so, Chrysostom expoundeth it thus tell the Church▪ that is the governors of the Church:  Puck. 
He meant the Governors of the Jewish Synagogue.  Vda. 
How can that be? when he lived above 400. years after Christ:  Puck. 
Was there never any that could find it out before now if it were a truth?  Vda. 
Yes it hath testimony sufficient if it might be received:  Puck. 
And lest men should think that your matter were as good as you pretend I will tell you what I know: It is written in one of your books, that without an Eldership there is no salvati●n.  Vda. 
I am persuaded that cannot be showed.  Puck. 
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 bitter ●ending to persuade the people that we meant to rebel and set up the Disc●pline, and pull down the Bishops by strong hand, and went about to imp●ir● the Queen's Prerogative and patrimony. After which with much ado I got aud●ence to this effect.  Vda. 
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 speak of any such means as your Lordships mentioneth to bring in the discipline, but only by prayer to God, supplication to her majesty, and such other peaceable means: this is my answer to your large invective. And whereas my Lord you seem to be so hardly carried against the cause I would not doubt▪ but if I might privately confer with you, with the blessing of God to persuade you to be a friend unto it.  
And after some other speeches of other books, and the aforesaid speeches in the books mentioned already, Judge Puckering said.  Puck. 
Nay I tell you there are as foul things in your own book, For do you not say that the Church is committed to the Mistress of the stews, and ruled by the laws of a brothel-house,  Vda. 
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.  Puck. 
And those laws are established by her majesty's laws.  Vda. 
It would trouble the learnedst lawyer in England to prove that.  
Then Baron Clarke began a voice, tending again to compare my case to that of Mr. Stubs, and to persuade me to submit myself telling me what good I might do, but because he spoke low, and I said I did not well hear him, he gave over, and prayed the other to speak, who told me his meaning, and then said.  Puck. 
We shall make short work with you, will you here acknowledge all the laws ecclesiastical and temporal of this Land, to be agreeable to the word of God.  Vda. 
My Lord, I have disgrace enough upon me already, you may easily perceive what I think of the present ecclesiastical government. I pray you press me not with these things, I can yield no further than you have heard.  Puck. 
Then we must do our office and pronounce sentence on you.  Vda. 
God's will be done.  Puck. 
Yea God's will be done on you indeed.  
Then he gave sentence upon me and the rest, After which I did purpose to speak 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 me thereof. Thus was I returned to prison, what will be the issue I know not. The Lord turn to his glory the good of his Church, and shame of his foes, and then welcome life or death.    

I being reprieved (as the sheriff said by her majesty's own commandment) Doctor Bond one of the Queen's chaplains, came to me as from the Queen herself and from the council, with the submission that was tendered an●o to confer with me in general, but specially to persuade me to yield thereunto, or to take the reasons of my refusal, after two days' conference we agreed upon a form of submission, as followeth.  

The form of that submission which was offered unto me, and I refused.  
I John Udall, have been hitherto by due course of Law convicted of felony, for penning and setting forth a certain book, called a Demonstration, of Discipline, wherein false, slanderous and seditious matters are contained, against her majesty's Prerogative royal, her Crown and Dignity and against the laws and Government ecclesiastical and temporal, established by Law under her highness, and tending to the erecting of a new form of government contrary to Her said laws. All which points I do now by the grace of God perceive to be very dangerous to the peace of this realm and Church, seditious in the commonwealth, and justly offensive to the Queen's most excellent majesty, so as thereby I now seeing the grievousness of this my offence, do most humbly on my knees before God and this presence, submit myself to the mercy of her highness, being must sorry, that so deeply and worthily I have incurred her majesty's indignation against me, promising if it shall please God to move her royal heart to have compassion on me, a most sorrowful convicted Person, that I will for ever hereafter forsake all such undutiful and dangerous courses, and demean myself dutifully and peaceably to all authorities both civil and ecclesiastical established in this realm, for I do acknowledge them to be both lawful and godly, and to be obeyed of every faithful Subject.   

The form of that submission whereunto I did Consent and set my Hand.  

With these three Protestations I do submit myself in manner as followeth.  
1. I hold the cause of Discipline debated in that book to be an undoubted truth.  
2. I never imagined any evil against her majesty's Person or Estate, but have sought to honour them both▪  
3. I never purposed to do or persuade any thing whereby the Discipline might be advanced but by peaceable means, endeavouring to keep within the compass of Law.   
I John Udall, ●ave been by due course of Law, convicted and condemned of Felony, for penning and publishing a certain book called the Demonstration of Discipline, In the Preface whereof some matter as also the manner of writing, I confess to be in some part so bitter and undutiful, as deserveth justly to be censured and punished, and justly offensive to the Queen's most excellent majesty: wherefore the trial of the Law imputing unto me all such defaults as are in that book, and laying the punishment of the same in most grievous manner upon me, and I seeing the grievousness of this offence, do most humbly on my knees, as in the presence of God, submit myself to the mercy of her highness, being most sorry that so deep and just occasions should be given to procure her majesty's displeasure against me, promising that if it shall please God to move her royal heart to have compassion on me a most sorrowful condemned person, that I will for ever hereafter forsake all undutiful and dangerous courses, and demean myself dutifully and peaceably as becometh a Minister of the Gospel, and as a loyal subject to the Queen's most Excellent majesty.   
At the same time that Doctor Bond was with me, I received a letter from a Friend of mine, that did solicit Sir Walter Raleigh for me, wherein were these words. SIR Walter Raleigh willed me to let you understand, that her majesty is informed of you, that you hold that the Church of England is no Church, and the Sacraments of the same, no Sacraments, and that all her Ecclesiast●●●●●●ws are against the word of God, and so her government, and that all ecclesiastical matters ought to be governed by a Presbytery, and she herself to be subject to the censures thereof. And that for these things and such like you are not worthy to live. But if you will write half a dozen lines under your hand, unto Sir Walter concerning these opinions, that he may show it to her majesty▪ he hopeth to obtain your life. I know it is an easy thing for you to answer all these things, and therefore do it with speed, and in your writing to Sir Walter take knowledge, that he hath sent you such word.  
Hereupon I wrote a Letter to Sir Walter Raleigh, and what I hold in these points as followeth.  
To the right Honourable Sir WALTER Raleigh, Knight, Lord Warden of the Stannery.  
MY duty being remembered unto your Lordship, I humbly thank 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 mean to appease her majesty's indignation conceived against me, by means of some accusations untruly suggested; for God is my witness, I have never had any earthly thing in so precious account as to honour her highness, and to draw her Subjects to acknowledge with all thankfulness the exceeding blessings that God bestoweth upon them by her majesty's 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 certain points declared unto me, as from your Lordship, praying that it would please you to make known the truth thereof unto her highness: And if neither my submission heretofore delivered, nor these things now set down will be accepted to draw her highness of her gracious compassion to pardon me, that yet it would please her 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, John Udall 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 been 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 years at Kingston, and about a year at Newcastle upon Tyne, immediately before mine imprisonment, and therefore I do from my heart utterly renounce the schism whereinto the Brownists have fallen in condemning the Churches of England, and separating themselves from communicating in the public ministry thereof.  
2. I know no other but that the Statute Laws of this land do maintain the holy ministry of the word and Sacraments in such manner as any Christian may with a safe conscience both administer therein and communicate therewithal. Also that the Law which requireth a subscription to the Articles 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 aught to have▪ a supreme Authority over all persons, in all causes, both ecclesiastical and civil to enforce 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 God's word, it is not lawful for the Subjects to rebel or resist, no not so much as in thought but with patience and humility to bear all the punishments laid upon them▪ seeking only by Prayer to God, and supplication to Authority, and such like peaceable means to have ●aults amended.  
4. I do believe that by the word of God, the Churches rightly reformed aught 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, been 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 merely to concern the soul, and may not impeach any Subject, much less any Prince, in the liberty of Body, Dominion, goods, or any earthly privilege whatsoever; and that therefore the papal Excommunication that deposeth Princes, and freeth their Subjects from their Allegiance or any part of Christian obedience to civil Authority, is blasphemous against God, injurious to all men, and directly contrary to God's word: neither do I believe that a Christian Prince ought otherwise to be subject to the Censures of the Church, than our gracious Queen professeth herself to be unto the preaching of the word & administration of the Sacraments according to the doctrine of our Church in Mr. Nowells catechism and the Hom: of the right use of the Church, at this day appointed publicly 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 show my mind freely in it; for my desire is, that her highness might truly be informed of every thing that I hold: so should I be sure to obtain 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 fear of extremity, until the next assizes drew near, at last there came Mr. Nowell Deane of Paul's, and Mr. Doctor Andrews with a new submission 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 council, that in yielding to it I should obtain pardon and liberty, because I would do nothing without good advice and consideration.  

The copy of the submission given me by Mr▪ Deane of Paul's, with his name to it as followeth.  
I John Udall have been heretofore by due course of Law, convicted and condemned of Felony, for penning and publishing a certain book called The Demonstration of Discipline, in the Preface whereof some matter, as also the manner of handling of it. I confess in some part to be so bitter and undutiful▪ as deserveth justly to be censured and punished according to the Laws of this realm, established under her highness, and justly offensive to the Queen's most excellent Majesty; wherefore I now seeing the grievousness of this offence do most humbly on my knees and in the presence of God submit myself to the mercy of her highness, being most sorry that so deep and just occasion should be given to procure her majesty's d●●pl●●sure against me, promising that if it shall please God to move her majesty's royal h●●rt to have compassion on me, a most sorrowful condemned person, I will ever hereafter forsake all undutiful seditious and dangerous courses, and demean myself dutifully and peaceably, as becometh a Minister of the gospel, and a loyal Subject of the Queen's most Excellent Majesty.  
This is the true Copy of the submission ●●nt unto me from her majesty's most Honourable privy-council. Alexander Nowell.   
When I had weighed with myself, 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 condescended (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 worshipful 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 form of submission to deal with a man of that piety and wisdom, that you have been 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 form of submission, that your Worship brought unto me, and find nothing in it, but that in a good conscience I can yield unto, for it requireth not of me any dental or disallowance of the Cause of Discipline debated in the book, 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 persuasion I take God to witness, that I never purposed to do or persuade any thing, whereby it might be advanced, but by peaceable means, endeavouring to keep within the compass of Law▪ Further also the said form of submission, chargeth me not with any malice against her majesty, 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 been always free and have carried a Christian, loving and dutiful affection to her majesty's royal person and estate, as I know by the word of God I ought to do, which being so, I have resolved to satisfy the authority from which you brought me the said form 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 ways lamentable than I can in a few or many words express, or (as I think) any other but only the spirit that is taught to pray with groans that cannot be uttered, and in such christian compassion by your favourable and earnest mediation to the authority that may relieve 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 poor Wife and Children, but I hope many others' praise God for you in that respect, and myself as beholding unto you in a case of life, continually pray for you your good estate to the Lord of life blessed for ever.  
Amen.  
After I had thus set my hand hereunto, I advised also to write unto certain of the council and other honourable persons besides, partly to let them understand in what sense I had yielded hereunto, and partly to entreat 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 several estates 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 affairs of the State, as to consider of these few lines. The Reverend Mr. Nowell Deane of Paul's, and Mr. Doctor Andrew's a few days ago brought me form of submission (as they said) from authority with hope of favour for my life, if I would yield unto it. Whereof having considered and finding nothing in it, but which I had heretofore yielded unto, when Mr. Doctor Bond was with me, one clause excepted, to wit, That the faults do deserve to be punished according to the laws of the Land. Which yet hath no such words but may bear so good a sense as I think may in such form submit myself, without either condemning the suit for a further Reformation or myself as justly deserving by the laws to die. I cannot discern sufficient cause to refuse it, for by the hardest word that I have by due course of Law been convicted and condemned. I understand the form of proceeding by ind●●ment arraignment, 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 punished by the laws of this Land. I mean of such censures as the good laws of this Land administered with Justice do ordain for punishing of such offences in the manner of writing which cannot be of death without malice against her majesty. From which (I take Almighty God to witness) I have been always free. In regard whereof I feared lest I might be thought to stand too comentiously and undutifully with Authority, & too be to careless of mine own estate, if I should not yield to such a form of submission as they brought unto me. Wherein having yielded, as far as in conscience I may, and as authority by their means requireth of me. My most humble suit 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 majesty, to further my most humble suit, for my pardon and free discharge of these my grievous troubles. So shall I be 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 four or five days after Mr. Doctor Andrew's 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 perused I sound it the same (Only the last clause left out) which was ostered me by the Judges at the assizes. And he said the clerk to whom the making of the letter to Mr. Nowell putting in one for another. And because I utterly refused to consult of it, as having yielded before to so much as I might he prayed me to understand what I took exceptions against and for what Reasons. So we entered into many discourses, as first how the Discipline could be said to be against the Queen's Prerogative royal seeing it was (as I said I did believe) expressed in the Scriptures whereby all lawful privileges of Princes are warranted. Then we debeted whether the Supremacy of a christian Prince be the same with an Heathen, or diverse from it. After that whether the authority of Princes in making Church laws be dejurt, or de facto only. 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 again. I answered, that the oftener he came the welcomer he should be, but I told him I would not accept of it, yet he came twice after and took my reasons of my refusal to yield thereunto, and promising me all the favour he could procure me, he departed.  
After this the assizes approaching, and the general report being that it would go hard with me. I being desirous to use any good means, did not only solicit the Earl of Essex, and Sir Walter Raleigh, who had heretofore dealt for me, but also I was advised to write again 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 worshipful Mr. Nowell, as I did rejoice when I perceived that you were employed to deal with me about my submission, because of that Reverend estimation that you have been so long of among the Worthies in the Church of God, hoping, that I I should have found thereby, some comfortable means of meditation unto authority for my release, so I am now occaisoned to fear 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 yielded to that submission which you brought unto me and no liberty appearing from any place, but rather that being given out, that my submission shall be a special means 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 look for that end the next week at the assizes at Kingston (where I have been a Preacher) which hath so long been threatened, 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 persuaded your credit being employed 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 enforce you to leave no stone unturned which may either further my liberty, or at lest clear your conscience from being any way accessary to my death. For it will one day be an heavy thing to your heart, to think that you should be set on work, and the account that is worthily made of you, employed under 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 been better that you had never been of any reckoning, then to be made an Instrument to further such an action. This I write unto you not in any troubled affection with the fear of death, for I thank God I am willing to end my days, and (if it please the Lord) even in this manner and hope that my death shall further the cause, for which I suffer more than my life. But lest I should neglect any means which might seem to be a furtherance to prevent the same, or leave that duty unperformed unto you, which I take myself in conscience bound to discharge, the Lord make us willing and able to discharge every good duty, that he enjoineth 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. Johnson lying in London, to be delivered to her Majesty (as was said) being written in my behalf, as he had done once before when I was close prisoner; this Letter did the Merchant deliver to her Majesty, and the Dean of Paul's upon my Letter went to the council, whereby whatsoever was wrought, as soon as the Judges heard that I was brought to Kingston where the assizes were then kept, I was immediately returned unto the White-Lyon in the evening before the first day thereof. Afterward Mr. Johnson had the Copy of the King's 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 Princess, our dearest Sister and x, in our heartiest manner we recommend us unto you: hearing of the apprehension of Mr. Udall and Mr. Cartwright and certain other Ministers of the Evangell within your realm, of whose good erudition and fruitful travels in the Church we hear a very credible commendation; howsoever that their diversity from the Bishops and others of your Clergy, in matters touching them in conscience, hath been a mean by their dilation to work 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 effectuous 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 strait, and whatsoever further accusation or pursuit depending on that ground, respecting both their former merit, in setting forth of the Evangell the simplicity of their conscience in this defence, which cannot well be their let by compulsion, and the great slander which could not fail to fall out upon their further straiting for any such occasion, which we assure us your zeal to Religion, besides the expectation we have of your good will to pleasure us, will willingly accord to our request, having such proofs 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 Princes our dear Sister and cousin, we commit you to God's good protection.  
From Edinburgh the 12th' Day of June. 1591.  
The just Copy of the King's Letter, sent to her majesty.  
PResently upon these things fell out that wretched matter of that lewd fellow H●cket, whereby the adversary did take occasion so to slander the truth and to disgrace the Professors of the same unto her majesty, that I thought it bootless to sue. And so I did little till the Lord Chancellor was dead and forgotten by such as were sorry for it, so that about Easter term following, I sued for liberty to go to Church, which was denied me being a condemned man, but by the Lord Treasurers means I got a copy of my indictment, which before I could not obtain.  
HEreupon I getting a pardon framed according to the indictment, sent it with a Petition by my Wife to the council, who referred me to the Archbishop, unto whom I both sent diverse Petitions and dutiful Letters, and also got many of my friends both honourable personages and others, to sue to him, yet could not his good will be gotten. At last the Turkey merchants having my consent to go for a time into Guynea to teach their people, that abide in that place, if they could procure my liberty sent unto him for his consent▪ who promised his good will so that they would be bound that I should go indeed, when I had my liberty. But when two of the ancients of the Company went unto him for his hand thereunto, he would not yield it▪ unless they would be bound not only that I should go (which they were willing unto) but also that I should tarry there, till I had her majesty's licence to come thence.  
This Condition they could not yield unto▪ for that I denied to go upon any such ground, so was their suit and my hope of liberty at an end, saving that one Mr. Ca●ell who had been the first beginner of it, and being to go into Turkey did most affect it, moved the Dean of Paul's in it, who thereupon wrote unto my Lord Keeper, persuading him of the conveniency of that Journey for me, and my fitness thereunto, which letter when he received he did so deal with the Archbishop, as they both promising at their next meeting at Court to deal with her majesty, to sign my pardon, that so I might have liberty to go the Voyage.   
FJNJS.