annical statute; and a use no less
tyrannical was sometimes made of it. The case of Udal, a Puritanical
clergyman, seems singular even in those arbitrary times. This man had
published a book, called a Demonstration of Discipline, in which he
inveighed against the government of bishops; and though he had
carefully endeavored to conceal his name, he was thrown into prison upon
suspicion, and brought to a trial for this offence. It was pretended,
that the bishops were part of the queen's political body; and to speak
against them, was really to attack her, and was therefore felony by the
statute. This was not the only iniquity to which Udal was exposed. The
judges would not allow the jury to determine any thing but the fact,
whether Udal had written the book or not, without examining his
intention, or the import of the words. In order to prove the fact, the
crown lawyers did not produce a single witness to the court: they only
read the testimony of two persons absent, one of whom said, that Udal
had told him he was the author; another, that a friend of Udal's had
said so. They would not allow Udal to produce any exculpatory evidence;
which, they said, was never to be permitted against the crown.[*] And
they tendered him an oath, by which he was required to depose that he
was not the author of the book; and his refusal to make that deposition
was employed as the strongest proof of his guilt. It is almost needless
to add, that notwithstanding these multiplied iniquities, a verdict
of death was given by the jury against Udal; for, as the queen was
extremely bent upon his prosecution, it was impossible he could
escape.[**] He died in prison, before execution of the sentence.

* It was never fully established that the prisoner could
legally produce evidence against the crown, till after the
revolution. See Blackstone's Commentaries, vol. iv. p. 352.

** State Trials, vol. i. p. 144. Strype, voL iv. p. 21.
Strype's Life of Whitgift, p. 343.

The case of Penry was, if possible, still hardier. This man was a
zealous Puritan, or rather a Brownist, a small sect, which afterwards
increased, and received the name of "Independents." He had written
against the hierarchy several tracts, such as Martin Marprelate, Theses
Martinianae, and other compositions, full of low scurrility and petulant
satire. After concealing himself for some years, he was seized; and as
the statute against seditious words required that t