[The History of England in Three Volumes, Vol.I., Part D. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part D. CHAPTER XLIV 90/130
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.
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