Blood. I faid when I faw Mr. Bushell, What I fee is come to pafs, for I knew he would never yield. Mr. Bufhell, we know what you are.

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

upon you.

Obfer. They ufed much menacing Language, and behaved themselves very imperionily to the Jury, as perfons not more void of Juftice than fober Education. After this Barbarous Ufage, they fent them to confider of bringing in their Verdict, and after fome confiderable time they returned to the Court. Silence was called for, and the Jury called by their Names.

Cler. Are you agreed upon your Verdict?

Jury. Yes.

Cler. Who fhall speak for you?

Jury. Our Fore-man.

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

Fore-m. Guilty of fpeaking in Gracious-street.

Court. Is that all?

Fore-m. That is all I have in Commiffion.
Recor. You had as good fay nothing.

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

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

Obfer. Here fome of the Jury feem'd to buckle to the Que ftions of the Court; upon which Bufhell, Hammond, and foine others oppofed themfelves, and faid, They allowed of no fuch 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 ferving their turns, the Recorder expreffed himself thus.

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

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 confider it once more, that we may make an end of this troublesom bu finefs.

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

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

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

Clar

Cler. Are you agreed of your Verdict?

1 Jury. Yes.

Cler. Who fhall speak for you?

Jury. Our Fore-man.

Cler. What fay you; look upon the Prifoners; Is William Penn guilty in Manner and Form, as he ftands indicted, or not guilty?

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

WE

7E the Jurors, hereafter named, do find William Penn to be guilty of Speaking or Preaching to an Affembly, met together in Gracious-ftreet, the 14th of Auguft laft, 1670. And that William Mead is Not guilty of the faid Indictment.

Obfer. This both Mayor and Recorder refented at fo high a rate, that they exceeded the bounds of all Reason and Čivifity.

May. What, will you be led by fuch a filly Fellow as Bufhell? an impudent canting Fellow; I warrant you, you fhall come no more upon Juries in hafte: You are a Fore-man indeed, addreffing himself to the Fore-man, I thought you had underfood your place better.

Recor. Gentlemen, you fhall not be difmifs'd till we have a Verdict that the Court will accept; and you fhall be lockt up, without Meat, Drink, Fire, and Tobacco; you fhall not think thus to abuse the Court; we will have a Verdict, by the help of God, or you fhall ftarve for it.

Penn. My Jury, who are my Judges, ought not to be thus menaced; their Verdict fhould be free, and not compelled; the Bench ought to wait upon them, but not foreftall them. I do defire that Juftice may be done me, and that the arbi trary Refolves of the Bench may not be made the measure of my Jury's Verdict.

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 difobey the Martial Power, but Civil alfo.

Penn.

Pen. It is a great miftake, we did not make the Tumult, but they that interrupted us; the Jury cannot be fo ignorant, as to think that we met there with a defign to disturb the Civil Peace; fince firft we were by Force of Arms kept out of our lawful Houfe, and met as near it in the Street, as their Soldiers would give us leave: And fecondly, because it was no new thing (nor with the Circumftances exprefs'd in the Indictment) but what was ufual and cuftomary with us. 'Tis very well known that we are a peaceable People, and cannot offer violence to any man.

Obfer. The Court being ready to break up, and willing to huddle the Prifoners to their Goal, and the Jury to their Chamber, Penn fpoke as follows.

Pen. The Agreement of twelve men is a Verdict in Law; and fuch 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 Verdict, contradictory to this, I affirm they are perjur'd Men in Law. And looking upon the Jury, faid, You are Englishmen, mind your Privilege give not away your Right.

Buf. &c. Nor will we ever do it.

Obfer. One of the Jury-men pleaded Indifpofition of Body, and therefore defir'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 refolv'd to have a Verdict, and that before you can be dif mifs'd.

Jury. We are agreed, we are agreed, we are agreed.

Obfer. The Court fwore feveral Perfons, to keep the Jury all night without Meat, Drink, Fire, or any other Accommodation: They had not fo much as a Chamber-pot, the defired.

Cry. O yes, &c.

Obfer. The Court adjourns till feven of the clock next morning (being the fourth inftant, vulgarly call'd Sunday) at which time the Prisoners were brought to the Bar; the Court fate, and the Jury call'd to bring in their Verdict.

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

The Juries Names call'd over.

Clerk. Are you agreed upon your Verdi&t?

Jury. Yes.

Clerk. Who fhall speak for you?

Jury. Our Foreman.

Clerk

Clerk. What fay you? Look upon the Prifoner at the Bar; Is he guilty of the matter whereof he ftands indicted, in manner and form as aforefaid, or not guilty?

Foreman. William Penn is guilty of fpeaking in Grace-ChurchAreet.

May. To an unlawful Affembly?

Bush. No, my Lord, we give no other Verdict, than what we gave laft night; we have no other Verdict to give.

May. You are a factious Fellow, I'll take a courfe with you,
Blood. I knew Mr. Bushel would not yield.

Bush. Sir Tho. I have done according to my Confcience.
May. That Confcience of yours would cut my throat.
Bush. No, my Lord, it never fhall.

May. But I will cut yours fo foon as I can.

Rec. He has infpir'd the Jury, he has the Spirit of Divination, methinks I feel him: I will have a pofitive Verdict,

or you fhall ftarve for it.

Pen. I defire to ask the Recorder one queftion; Do you al

low of the Verdict given of William Mead?.

Rec. It cannot be a Verdict, because you were indicted for a Confpiracy; and one being found not guilty, and not the other, it could not be a Verdict.

Pen. If Not Guilty be not a Verdict, then you make of the Jury and Magna Charta but a mere Nofe of Wax.

Mead. How! Is not guilty no. Verdict?

Rec. No, 'tis no Verdict.

Pen. I affirm, that the Confent of a Jury is a Verdict in Law; and if W. M. be not guilty, it confequently follows that I am clear; fince you have indicted us of a Confpiracy, and I could not poffibly confpire alone.

Obfer. There were many Paffages that could not be taken, which paft between the Jury and the Court. The Jury went up again, having receiv'd a fresh Charge from the Bench, if poffible, to extort an unjuft Verdict.

Cry. O yes, c. Silence in the Court.

Court. Call over the Jury. Which was done.

Clerk. What fay you? Is William Penn guilty of the matter whereof he ftands inditted, in manner and form aforefaid, or not guilty?

Foreman. Guilty of speaking in Grace-Church Street.

Rec. What is this to the purpofe? I fay, I will have a Verdict. And speaking to Edw. Bushel, faid, You are a factious Fellow; I will fet a mark upon you; and whilft I have any thing to do in the City, I will have an eye upon you.

May. Have you no more wit than to be led by fuch a pitiful Fellow? I will cut his Nofe.

Pen.

Pen. It is intolerable that my Jury fhould be thus menaced: Is this according to the fundamental Laws? Are not they may proper Judges by the Great Charter of England? What hope is there of ever having Juftice done, when Juries are threa ten'd, and their Verdicts rejected? I am concern'd to speak and grieved to fee fuch arbitrary Proceedings. Did not the Lieutenant of the Tower render one of them worse than a Felon? And do you not plainly feem to condemn fuch for factious Fellows, who answer not your ends? Unhappy are thofe Juries, who are threaten'd to be fin'd, and ftarv'd, and ruin'd, if they give not in Verdicts contrary to their Confciences.

Rec. My Lord, you must take a courfe with that fame Fellow.

May. Stop his mouth; Goaler bring Fetters, and ftake him to the ground.

Pen. Do your plea fure, I matter not your Fetters.

Rec. Till now I never understood the reafon of the Policy and Prudence of the Spaniards, in fuffering the Inquifition among them: And certainly it will never be well with us, till fomething like unto the Spanish Inquifition be in England.

Obfer. The Jury being requir'd to go together to find another Verdict, and ftedfaftly refufing it (faying they could give no other Verdict, than what was already given) the Recorder in great paffion was running off the Bench, with these words in his mouth; I proteft I will fit here no longer to hear these things. At which the Mayor calling, Stay, Stay, he return'd, and directed himself unto the Jury, and spoke as followeth:

Rec. Gentlemen, we fhall not be at this trade always with you; you will find the next Seffions of Parliament there will be a Law made, that those that will not conform, fhall not have the Protection of the Law. Mr. Lee draw up another Verdict, that they may bring it in special.

Lee. I cannot tell how to do it.

Jury. We ought not to be return'd, having all agreed, and fet our hands to the Verdict.

Rec. Your Verdict is nothing, you play upon the Court; I fay you fhall go together, and bring in another Verdict, or you fhall ftarve; and I will have you carted about the City, as in Edward III's time.

Foreman. We have given in our Verdict, and all agreed to it; and if we give in another, it will be a force upon us to fave our Lives,

May. Take them up.

Offic. My Lord, they will not go up.

Obfer