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my self as a tumultuous person: I say, I am a peaceable Man, therefore it is a very proper Question what William Penn de-. manded in this case, Anyer of the Law, on which our Indi&tment is grounded.

Recor. I bave made Answer to that already.

Mead, turning his Face to the Jury, faith, 'You Men of the Jury, who are my Judges, if the Recorder will not tell you what makes a Riot, a Rout, or an unlawful Affembly, Cook, he that once they called the Lord Cook, tells us what makes a Riot, a Rout, and an unlawful Affembly - A Riot is when three, or more, are met together to beat a Man, or to enter forcibly into another Man's Land, to cut down his Grass, his Wood, or break down his Pales.

Obser. Here the Recorder interrupted him, and said, I thank you Sir, that you will tell me what the Law is, scornfully pulling of his Hat.

Mead. Thou may'st put on thy Hat, I have never a Fee for thee now,

Brown. He talks at random, one while an Independent, another while some other Religion, and now a Quaker, and next a PApijt.

Mead. Turpe est doctori cum culpa redarguit ad ipsum.
May, You deserve to have your Tongue cut out.

Rec. If you discourse on this manner, I shall take occasion againft you.

Mead.' Thou didst promise me I should have fair liberty to be heard'; Why may I not have the privilege of an Englishman? I am an English-man, and you might be asham'd of this dealing,

Rec. I look upon you to be an Enemy to the Laws of England, which ought to be oblerv'd and kept ; nor are you worthy of such Privileges as others have.

Mead. The Lord is Judg between me and thee in this matter.

Obser. Upon which they took him away into the Bale-dock, and the Recorder proceeded to give the jury their Charge, as followeth,

Rec. You have heard what the Indictment is; It is for preach. ing to the People, and drawing a tumultuous Company after them, and Mr. Penn was speaking ; if they should not be di. fturbed, you see they will go on; there are three or four Wit neffes that have proved this, that he did preach there, that Mr. Mead did allow of it; after this, you have heard by subItantial Witnesses what is said against them. Now we are upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your peril.

Obser.

Obfer. The Prisoners were put out of the Court, into the Bale-dock, and the Charge given to the Jury in their absence; at which W.7. with a very raised Voice, it being a considerable diftance from the Bench, spake :

Penn. I appeal to the Jury, who are my Judges, and this great Affembly, whether the Proceedings of the Court are not molt arbitrary, and void of all Law, in offering to give the Jury their Charge in the absence of the Prisoners; I say, it is directly opposite co, and deftructive of, the undoubted Right of every English Prisoner, as Cook in the 2 Inftit.29. on the Chap. of Magna Charta speaks.

Obser. The Recorder being thus unexpe&tedly lasht for his extra-judicial procedure, said with an inraged Smile,

Rec. Why, ye are present, you do hear, do you not?

Penn. No Thanks to the Court, that commanded me into the Bale-dock; and you of the Jury take notice, that I have not been heard, neither can you legally depart the Court before I have been fully kcard, having at least ten or twelve Macerial Points to offer, in order to invalid their Indi&tment.

Rec. Pull that Fellow down, pull him down.

Mead. Are these according to the Rights and Privileges of English-men, that we should not be heard, but turned into the Bale-dock for making our Defence, and the Jury to have their Charge given them in our absence? I say, there are Barbarous and Unjuft Proceedings.

Rec. Take them away into the Hole; to hear them talk all night, as they would, that I think doth not become the Honour of the Court; and I think you fi. e. the Jury ) your felves wonld be tired out, and not have patience to hear them.

Objer. The Jury were commanded up to agree upon their Verdict, the Prisoners remaining in the stinking Hole ; after an hour and half's time eight came down agreed, but four re. main'd above, the Court fent an Officer for them, and they accordingly came down: The Bench used many unworthy Threats to the four that dislented; and the Recorder, address hing himself to Bufhell, said, “Sir, You are the cause of this

diftarbance, and manifestly thew your self an Abettor of . Faction; I shall set a Mark upon you, Sir.

3. Robinson, “Mr. Bushell, I have known you near this four• teen years; you have thrust your self upon this fury, because

you think there is some service for you; I tell you, you de: • ferve to be indicted more than any Man thać hath been : brought to the Bar this day.

Bufh. No, Sir John; there were threescore before me, and I would willingly have got off, but could not.

Bloodw.

Jury. Yes.

Bloodw. I said when I saw Mr. Bushell

, What I see is come to pass, for I knew he would never yield. Mr. Bushell, we know what you are.

May. Sirrah, you are an impudent Fellow, I will put a mark upon you.

Obør. They used much menacing Language, and behaved themselves very imperioally to the Jury, as persons not more void of Justice than sober Education. After this Barbarous Usage, they fent 'them to consider of bringing in their Vera dict, and after some confiderable time they returned to the Cuurt. Silence was called for, and the Jury called by their Names.

Cler. Are you agreed upon your Verdiet?
Cler. Who shall speak for you?
Fury. Our Fore-man.

Cler. Look upon the Prisoners at the Bar; How say you? Is William Penn guilty of the Matter wherefore he stands indicted in Manner and Form, or Not guilty?

Fore-m. Guilty of speaking in Graciow-Street.
Court. Is that all ?
Fore-m. That is all I have in Conimiffion.
Recor. You bad as good say nothing.

May. Was it not an unlawful Affembly? you mean he was. Speaking to a Tumult of People there?

Fore-m. My Lord, this was all I had in Commiffion.

Obfer. Here fome of the Jury feem'd to buckle to the Que. stions of the Court ; upon which Bushell, Hammond, and foine others opposed themfelves, and said, They allowed of no such word as an unlawful Affembly in their Verdict: At which the Recorder, Mayor, Robinson and Bloodworth took great occafion to vilify them with moft opprobrious Language, and this Verdict not serving their turns, the Recorder expreffed himself thus.

Recor. The Law of England will not allow you to part till you have given in your Verdiet.

Jury. We have given in our Verdict, and we can give in no other.

Recor. Gentlemen, you have not given in your Verdict, and you had as good fay nothing; therefore go and consider it once more, that we may make an end of this troublesom bu. finess.

Jury. We defire we may have Pen, Ink and Paper.

Obser. The Court adjourned for half an hour ; which being expired, the Court returns, and the Jury not long after.

The Prisoners were brought to the Bar, and the Juries Names called over,

Clar

Cler. Are you agreed of your Verdiet ?
Jury. Yes.
Cler. Who shall speak for you?
Fury. Our Fore-man.

Cler. What say you ; look upon the Prisoners; Is William Penn guilty in Manner and Form, as he stands indicted, or not gnilty ?

Fore-m. Here is our Verdiet, (holding forth a piece of Paper to the Clerk of the Peace) which follows.

E the furors, hereafter named, do find William Penn to

be guilty of Speaking or Preaching to an Assembly, met together in Gracious-street, the 14th of Auguft laft, 1670. And that William Mead is Not guilty of the said Indi&tment, Fore-m. Thomas Veer, Charles Miljon, Edward Bufbell,

Gregory Walklet, i....

John Hammond, John Baily,
Henry Henley. William Lever,
Henry Michel,

James Damask, Jobn Brightman, Will. Plumsted. Obser. This both Mayor and Recorder resented at fo high a rate, that they exceeded the bounds of all Reason and Civi. fity.

Miy. What, will you be led by such a filly Fellow as Bufhell? än impudent canting Fellow ; I warrant you, you shall come nu more upon Juries in hafte : You are a Fore-man indeed, addressing himself to the Fore-man, I thought you had underfood your place better.

Recor. Gentlemen, you shall not be disiniss'd till we have a Verdi&t that the Court will accept; and you shall be lockt up, without Meat, Drink, Fire, and Tobacco; you shall not think thus to abuse the Court ; we will have a Verdiet, by the help of God, or you shall farve for it.

· Penn. My Jury, who are my Judges, ought not to be thus menaced; their Verdiat should be free, and not compelled; the Bench ought to wait upon them, but not foreftall them. I do desire that Justice may be done me, and that the arbi: trary Resolves of the Bench may not be made the measure of my Jury's Verdiet.

Recor. Stop that prating Fellow's mouth, or put him out of the Court.

May. You have heard that he preach'd, that he gather'd a Company of tumultuous People, and that they do not only disobey the Martial Power, but Civil also.

Penn,

Pen. It is a great miftake, we did not make the Tumult, but they that interrupted us; the Jury cannot be so ignorant, as to think that we met there with a design to disturb the Civil Peace; since first we were by Force of Arms kept out of our lawful House, and met as near it in the Street, as their Soldiers would give us leave: And secondly, because it was no new thing (nor with the Circumstances express'd in the Indictment) but what was usual and customary with us. 'Tis very well known that we are a peaceable People, and cannot offer violence to any man.

Obser. The Court being ready to break up, and willing to huddle the Prisoners to their Goal, and the Jury to their Chamber, Penn spoke as follows.

Pen. The Agreement of twelve men is a Verdiet in Law; and such a one being given by the Jury, I require the Clerk of the Peace to record it, as he will answer it at his peril. And if the Jury bring in another Verdiat, contradictory to this, I affirm they are perjur'd Men in Law. And looking upon the Jury, fáid, Tou are Englishmen, mind your Privilege, give not away your Rigbt.

Bulbo &c. Nor will we ever do it.

Obser. One of the Jury-men pleaded Indisposition of Body, and therefore desir'd to be dismiss’d.

May. You are as ftrong as any of them ; Starve them; and hold your Principles.

Rec. Gentlemen, you must be contented with your hard fate; let your Patience overcome it for the Court is resolv'd to have a Verdi&t, and that before you can be dif miss'd.

Jury. We are agreed, we are agreed, we are agreed. Obser. The Court swore several Persons, to keep the Júry all night without Meat, Drink, Fire, or any other Accommodation : They had not so much as a Chamber-pot, tho desired.

Cry. O yes, doc.

Obser. The Court adjourns till seven of the clock next morning (being the fourth inftant, vulgarly cal’d Sunday) at which time the Prisoners were brought to the Bar ; the Court sate, and the Jury callid to bring in their Verdiet.

Cry. O yes, &c. Silence in the Court, upon pain of Imprisonment.

The Juries Names call'd over.
Clerk. Are you agreed upon your Verdiet ?
Jury. Yes.
Clerk. Who shall speak for you ?
Jury. Our Foreman.

Clerk

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