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Mtado I hall desire the same Liberty as is promised Wiliam Penne

Cwrt. You Hall 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 said Prisoners were brought, but were set aside, and other business prosecuted. Where we cannot chuse bur observe, that it was the constant and unkind Practice of the Court to the Prisoners, to make them wait upon the Tryals of Felons and Murderers, thereby designing, in all probability, both to affront and tire them.

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

The third of September, 1670. the Court fate. Cryer. O yes, doc. Cler. Bring William Pem and William Mead before the Bar. Mayor. Sirsah, who bid you put off their Hats ? put on theis Hats again.

Objeru. of the Officers putting the Prisoners Hats upon their Heads (pursuant to the Order of the Court brought them to the Bar.

Record. Do you know where you are?
Pend. Yes.
Record. Do not you know it is the King's Court?

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

Recorde Do you not know there is Respect due to the Court?

P'ers Yes.
* Record. Wky do you not pay it then?

Penne I do loc
Recorde Why do you not pull off your Hat then?
Peum. Because I do not believe that to be any Respect.

Record. Well, the Court sets forty Marks a piece upon ye-Heads, as a Fine for your contempt of the Court.

Pennie I defire it might be observd, that we came into Court with our Hats off, (that is, taken off and if they ha been put on fince, it was by Order from the Bench; zcherefore not we, but the Bench should be fined.

Meade I have a Question to ask the Recorder; Am I fire? 210?

Aprar. Yes.

Mead. I desire the Jury, and all people, to take notice of this Injuftice of the Recorder ; who spake 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 guidauce of his holy Spirit, for he is not far from every one of you.

The Jury Sworn again, Obser. 7. Robinson, Lieutenant of the Tower, dilingenuously objected againft Bashell, as if he had not kils' the Book, and therefore would have him Sworn again; tho indeed, it was on purpose, to have made use of his Tenderness of Conscience in avoiding reiterated Oaths, to have put him by his being 2 Jury-man, apprehending him to be a person not fit to answer their arbitrary Euds.

The Clerk read the Indictment, as aforesaid.

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

Cler. James Cook, lay your Hand upon the Book ; tbe Evidence you fall give to the Court betwixt ony Sovereign the King, and the Prifsners at the Bar, Mall be the Truth, and the whole Trasb, and whing but the Truth: So help you God, &c.

Cook. I was sent for from the Exchange, to go and difperfe a Meeting in Gratious.street, where I saw Mr. Penn Speaking to the People ; but I could not hear what he said, because of the noise: I endeavour'd to make way to take him, but I could not get to him for the Croud of People: upon wbich 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 Oath.

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

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

Mead, What did William Penn say ?

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

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

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


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swore before the Mayor, when I was committed, that he did not see me there. I appeal to the Mayor himself, if this be not true ; but no Answer was given.

Cour. What number do you think might be there?
Read. About four or five hundred.
Penn. I desire to know of him what day it was ?
Read. Answ. the 14th day of August.

Penn. Did he speak to me, or let me know he was there? for I am very sure I never saw him. Cler. Cryer, call

into the Court. Cour. Give him his Oath.

My Lord, I saw a great number of People, and Mr. Pena! fuppose was Speaking ; I see him make a motion with his hands, and heard some noise, but could not understand what he said: but for Captain Mead, I did not see him there.

Rec. What say you, Mr. Mead? were you there?

Mead. It is a Maxim in your own Law, Nema tenetur accufar (eipsum ; which if it be not true Latin, I am sure it is true English, That no man is bound to accuse himself: And why doft thou offer to ensnare me with such a Queftion? Doth not this thes thy Malice? Is this like unto a Judg, that ought to be Coonfel for the Prisoner at the Bar

Record. Sir, Hold your Tongue, I did not go about to en: (nare you.

Penn. I defire we may come more close to the Point, and that Silence be commanded in the Court.

Cry. yes; All manner of Persons keep Silence, upon pain of Imprisonment Silence in the Court.

Penn. We confefs our selves to be fo far from recanting, or declining to vindicate the Assembling of our selves to Preach, Pray, or Worship the Eternal, Holy, Just God; that we de clare to all the World, that we do believe it to be our indir pensable duty, to meet inceffantly upon fo good an account ; nor shall all the Powers upon Earth be able to divert us from reverencing and adoring our God, who made us.

Brown. You are not here for worshipping God, but for breaking the Law; you do your selves a great deal of wrong in going on in that discourse.

Penn. I affirm I have broken no Law, nor am I guilty of the Indi&tment that is laid to my charge; and to the end, the Bench, the Jury, and my felf, with these that hear us, may have a piore direct understanding of this procedure, I defire you would let me know by what Law it is you prosecute me, and upon what Law you ground my Indictment.

Refo Upon the Common Law."
Penn, Where is that Common Law?


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Rec. You must not think that I am able to run up so many, years, and over so many adjudged Cases, which we call Conmon Law, to answer your curiosity.

Penn. This Answer, I am sure, is very sort of my Question; for if it bc Cominon, it should not be so hard to produce.

Rec. Sir, will you plead to your Indictment?

Penn. Shall I plead to an Indi&tment that hath no Founda. tion in Law? If it contain that Law you say I have broken, why should you decline to produce that Law, since it will be impossible for the Jury to determine, or agree to bring in their Verdict, who have not the Law produc'd, by which they should measure the Truth of this Indictment, and the Guilt, or co!ltrary of my Fact ?

Rec. You are a fawcy Fellow, speak to the Indictment.

Penn. I say, it is my place to speak to Matter of Law;, I am arraigned a Prisoner, my Liberty, which is next to Life it self, is now concerned; you are many Mouths and Ears against me, and if I Obfer. At this time muft not be allowed to make the best several upon the Bench of my Cafe, it is hard : I say again, urged hard upon the Pri-, unless you shew me, and the People, Soner to bear him down, the Law you ground your Indictment, upon; I shall take it for granted, your Proceedings are merely, Arbitrary.

Rec. The Question is, 'Whether you are guilty of this Indictment?

Perth. The Question is not, Whether I am guilty of this Indictment, but whether this Indictment be legal; it is too ge. neral and imperfect an Answer, to say it is the Common Law, unless we knew both where, and what it is: For where there is no Law, there is no Tranfgreffion, and that Law which is not in being, is so far from being Common, that it is no Law at all.

Rec. You are an impertinent Fellow; will you teach the Court what Law is ? It's Lex non fcripta, that which many have ftudied thirty or forty years to know; and would you have me to tell you in a moment ?

Peon. Certainly; If the Common Law be so hard to be understood, it's far from being very Common: But if the Lord Cook, in his Institutes, be of any confideration, he tells us, That Com. mon Law is Common Right, and that Common Right is the great Charter-Privileges, confirm'd', Hen. 3. 29. 25 Edw. 1. 1. 2 Edw. 3. 8. Cook Instit. 2. p. 56.

Rec. Sir, you are a troublesome Fellow, and it is not for the Honour of the Court to suffer you to go on.

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Penn. I have ask'd but one Question, and you have not an(werd me; tho the Rights and Privileges of every Englishman be concern'd in it.

Rec. If I should suffer you to ask Questions till to morrow morning, you would be never the wifer,

Penn. That is according as the Answers are,
Rec. Sir, We must not ftand to hear you talk all night.

Penn. I design no Affront to the Court, but to be heard in my just Plea, and I must plainly tell you, that if you will dený me Oyer of that Law, which you suggest I have broken, you do at once deny me an acknowledged Right, and evidence to the whole World your resolution to sacrifice the Privileges of English-men to your finister and arbitrary Designs.

Rec. Take him away: My Lord, if you take not some course with this peftilent Fellow, to ftop his mouth, we shall not be able to do any thing to Night.

May. Take him away, Take him away; turn him into the Bale-dock.

Penñ. These are but so many vain Exclamations. Is this Juftice or true Judgment? Muft i therefore be taken away, because I plead for the Fundamental Laws of England? How: ever, this I leave upon your Consciences, who are of the Jury (and my role Judges) that if there Antient Fundamental Laws, which relate to Liberty and Property, (and are not limited to particular Persuasions in Matters of Religion) must not be indispensibly maintaind and observd ; Who can say he hath right to the Coat upon his Back?. Certainly our Liberties are openly to be invaded, qur Wives to be ravilhed, oor Children laved, our Families ruined, and our Estates led away in Triumph, by every sturdy Beggar and malicious Informer, as their Trophies, but our (pretended) Forfeits for Conscience fake ; the Lord of Heaven and Earth will be Judg between us in this matter.

Rec. Be filent there.

Penn. I am not to be filent in a Case wherein I am so much concerned, and not only my self, but many Ten thousand Fa. milies besides.

Obser. They having rudely hald him into the Bale-dock, William Mead they left in Court, who spake as followeth.

Mead. You Men of the Jury, here I do now ftand, to an (wer to an Indi&tment against me, which is a bundle of Stoff, full of Lies and Falshoods; for therein I am accused, that i niet Vido armis, illicite tumultuofe : Time was, when I had freedom to use a carnal Weapon, and then I thought I feared no Man: but now I fear the Living God, and dare not make use thereof, nor hurt any Man; nor do I know I demeaned


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