The Jury (tho proper Judges of Law and Fad) they would have over-ruled in both, as if their Verdict fignified no more, than to eccho back the illegal Charge of the Bench; and because their Courage and Honefty did more than hold pace with the Threat and Abuse of those who Late as Judges, (after two days and two nights Restraint for a Verdi& in the end were Fined and Imprisoned for giving it.

O! what monstrous and illegal Proceedings are thefe ? Who reasonably can call his Coat his own, when Property is made fubfervient to the Will and Intereft of his Judges? Or, who can truly esteem himSelf a Free-man, when all Pleas for Liberty are efteem'd Sedition, and the Laws that give, and maintain them, fo many infignificant pieces of Formality?

And what do they lefs than plainly tell us fo, who at Will and Pleafure break open our Locks, rob our Houses, raze their Foundations, imprifon our Perfons, and finally deny us Juftice to our Relief? as if they then afted most like Chriftian Men, when they were Emoft barbarous in ruining fuch as really are fo; and that no Sacrifice could be fo acceptable to God, as the deftruction of thofe that most fear

bim.

In short, That the Confcientious should only be obnoxious, and the juft Demand of our Religious Liberty, the Reason why we should be denied our civil Freedom (as if to be a Chriftian and an English-man were inconfiftent and that fo much folicitude and deep contrivance fhould be imploy'd only to ensnare and ruin fo many Ten thousand conscientious Families, fo eminently induftrious, ferviceable and exemplary; whilft Murders can fo easily obtain Pardons, Rapes be remitted, publick Uncleanness pass unpunish'd, and all manner of Levity, Prodi gality, Excels, Prophaneness and Atheism univerfally conniv'd at, if not in fome refpe& manifeftly encourag'd, cannot but be deteftably abhorrent to every serious and honeft Mind.

Tet that this lamentable State is true, and the prefent Project in hand, let London's Recorder, and Canterbury's Chaplain be heard. The first in his publick Panegyrick upon the Spanish Inquifition, highly admiring the Prudence of the Romish Church, in the erection of it, as an excellent way to prevent Schifm, which unhappy Expreffion, at once paffeth Sentence, both against our Fundamen tal Laws, and Proteftant Reformation.

The second, in his printed Mercenary Discourse against Toleration, afferting for a main Principle, That it would be less injurious to the Government, to difpenfe with prophane and loofé Perfons, than to allow a Toleration to Religious Diffenters. It were to over-do the business, to say any more, where there is fo much faid already.

And therefore, to conclude, we cannot chufe but admonish all, as well Perfecutors, to relinquish their Heady, Partial and inhumane Profecutions (as what will certainly iffue in disgrace here, and inevitable

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condign Punishment hereafter) as those who yet dare express their Mo deration (however out of fashion, or made the Brand of Phanaticism) not to be huff'd or menaced out of that excellent Temper, to make their Parts and Perfons fubfervient to the bafe Humors, and finifter Defigns, of the biggest Mortal upon Earth: But to reverence and obey the Eternal just God, before whofe great Tribunal all muft render their accounts, and where he will recompenfe to every Perfon according to his Works.

The TRYAL of William Penn and
William Mead.

S there can be no Obfervation, where there is no Action;
fo it's impoffible, there fhould be a judicious Intelligence,
without due Obfervation.

And fince there can be nothing more feasonable than a right Information, especially of Publick A&s; and well knowing, how induftrious fome will be, to misreprefent this Tryal to the dif advantage of the Caufe and Prifoners, it was thought requi fite, in defence of both, and for the fatisfaction of the People, to make it more publick; nor can there be any business where in the People of England are more concern'd, than in that which relates to their Civil and Religious Liberties, queftion'd in the Perfons above-named, at the Old-Baily, the firft, third, fourth and fifth of Septemb. 1670.

Bushel, John Hammoni,

Cryer. O Yes, Thomas Veer,

Charles Milfon, Gregory Walklet, John Brightman, William Planted, Henry Henley, Thomas Damask, Henry Michel, William Lever, Joh Baily.

The Form of the Oath.

You shall well and truly try, and true Deliverance make, betwixt our Sovereign Lord the King, and the Prisoners at the Bar, according jour Evidence: So help you God.

That

That William Penn Gent. and William Mead, late of London, Linen-Draper, with divers other Perfons, to the Jurors unknown, to the number of Three hundred, the 14th Day of Auguft, in the 22d Year of the King, about Eleven of the Clock in the Forenoon, the fame Day, with Force and Arms, c. in the Parish of St. Bennet Grace-Church in Bridg-ward, London, in the Street called Grace-Church-Street, Unlawfully and Tumultuously did Affemble and Congregate themfelves together, to the Disturbance of the Peace of the faid Lord the King: -And the aforefaid William Penn, and William Mead, together with other Perfons, to the Jurors aforefaid unknown, then and there fo affembled and congregated together; the aforefaid William Penn, by agreement between him and William Mead, before made; and by Abetment of the aforefaid William Mead, then and there, in the open Street, did take upon himself to Preach and Speak, and then and there did Preach and Speak unto the aforefaid William Mead, and other Persons there, in the Street aforefaid, being affembled and congregated together; by reafon whereof, a great Concourfe and Tumult of People in the Street aforefaid, then and there a long time did remain and continue, in contempt of the faid Lord the King, and of his Law, to the great Disturbance of his Peace, to the great Terror and Difturbance of many of his Liege People and Subjects, to the ill Example of all others, in the like cafe Offenders, and against the Peace of the faid Lord the King, his Crown and Dignity.

What fay you, William Penn and William Mead? are you guilty as you ftand indicted, in manner and form, as aforefaid, or not guilty?

Penn. It is impoffible that we fhould be able to remember the Indictment verbatim; and therefore we defire a Copy of it, as is customary in the like occafions.

Rec. You must firft plead to the Indictment, before you can have a Copy of it.

Penn. I am unacquainted with the Formality of the Law; and therefore, before I fhall anfwer directly, I requeft two Things of the Court. First, That no Advantage may be taken against me, nor I deprived of any Benefit, which I might otherwife have received. Secondly, That you will promife me a fair Hearing, and Liberty of making my Defence.

Court. No Advantage fhall be taken against you; you shall have liberty; you shall be heard.

Penn. Then I plead Not guilty in manner and form. Cler. What fayeft thou, William Mead? art thou guilty in manner and form, as thou ftandeft indicted, or not guilty?

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Mead,

Mead. I fhall defire the fame Liberty as is promifed William

Penn

Court. You shall have it.

Mead. Then I plead Not guilty in manner and form.

The Court adjourned until the Afternoon.

Cryer. O Yes, doc.

Cler. Bring William Penn and William Mead to the Bar. Obferu. The faid Prisoners were brought, but were set aside, and other bufinefs profecuted. Where we cannot chufe but obferve, that it was the conftant and unkind Practice of the Court to the Prisoners, to make them wait upon the Tryals of Felons and Murderers, thereby defigning, in all probability, both to affront and tire them.

After five hours attendance, the Court broke up, and adjourned to the third inftant.

The third of September, 1670. the Court fate.

Cryer. O yes, dc.

Cler. Bring William Penn and William Mead before the Bar. Mayor. Sirrah, who bid you put off their Hats? put on their Hats again.

Obferv. Whereupon.one of the Officers putting the Prisoners Hats upon their Heads (purfuant to the Order of the Court) brought them to the Bar.

Record. Do you know where you are?

Penn. Yes.

Record. Do not you know it is the King's Court?

Pena. I know it to be a Court, and I fuppofe it to be the King's Court.

Reced. Do you not know there is Refpe&t due to th: Court?

Fenn. I do fo.

Record. Why do you not pull off your Hat then?

Penn. Because I do not believe that to be any Refpe&t. Record. Well, the Court fets forty Marks a piece upon yo Heads, as a Fine for your Contempt of the Court.

Penn. defire it might be obferv'd, that we came into t Court with our Hats off, (that is, taken off) and if they hav been put on fince, it was by Order from the Bench; a therefore not we, but the Bench fhould be fined.

Mead. I have a Queftion to ask the Recorder; Am I fine alfo?

Recar. Yes.

Mead. I defire the Jury, and all people, to take notice of this Injuftice of the Recorder; who fpake to me to pull off my Hat; and yet hath he put a Fine upon my Head. O fear the Lord, and dread his Power, and yield to the guidance of his holy Spirit, for he is not far from every one of you.

The Jury Sworn again.

Obfer. 7. Robinson, Lieutenant of the Tower, difingenuously objected againft Babell, as if he had not kifs'd the Book, and therefore would have him Sworn again; tho indeed, it was on purpofc, to have made ufe of his Tendernefs of Confcience in avoiding reiterated Oaths, to have put him by his being a - Jury-man, apprehending him to be a perfon not fit to answer their arbitrary Ends.

The Clerk read the Indictment, as aforefaid.

Cler. Cryer, call James Cook into the Court; give him his Oath.

Cler. James Cook, lay your Hand upon the Book; the Evidence you fhall give to the Court betwixt our Sovereign the King, and the Prifcners at the Bar, fhall be the Truth, and the whole Truth, and nothing but the Truth: So help you God, &c.

Cook. I was fent for from the Exchange, to go and disperse a Meeting in Grations-freet, where I faw Mr. Penn Speaking to the People; but I could not hear what he said, because of the noife: I endeavour'd to make way to take him, but I could not get to him for the Croud of People: upon which Captain Mead came to me, about the Kennel of the Street, and defired me to let him go on; for when he had done, he would bring Mr. Penn to me.

Cour. What number do you think might be there?
Cook. About three or four hundred People.

Cour. Call Richard Read: Give him his Ōath.

Read being fworn, was ask'd, What do you know concerning the Prisoners at the Bar?

Read. My Lord, I went to Gratious-fireet, where I found a great Croud of People, and I heard Mr. Penn preach to them; and I faw Captain Mead speaking to Lieutenant Cook, but what ke faid, I could not tell,

Mead, What did William Penn say?

Read. There was such a great noise, that I could not tell

what he faid.

Mead. Jury, obferve this Evidence; He faith he heard him preach, and yet faith, he doth not know what he said.

Jury, take notice; he fwears now a clean contrary thing to what he swore before the Mayor, when we were committed: For now he fwears that he faw me in Grations-fireet, and yet

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fwore