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Obser. The Mayor spoke to the Sheriff, and he came off of his Seat, and said, Sheriff
. Come, Gentlemen, you must go up; you see I am commanded to make you go.
Objer. Upon which the Jury went up; and several sworn, to keep them without any Accommodation as aforesaid, till they brought in their Verdict.
Cry. O yes, doc., The Court adjourns till to morrow morning, at seven of the clock.
Obser. The Prisoners were remanded to Newgate, where they remain’d till next morning, and then were brought unco the Court; which being late, they proceeded as followeth.
Cry. O yes, doc. Silence in the Court upon pain of Imprisonment.
Clerk. Set William Pen and William Mead at the Bar. Gentlemen of the Jury, answer to your Names ; Tho. Veer, Edward Bufhel, John Hammond, Herry Henly, Henry Michell, John Brightman, Charles Milson, Gregory Walklet, John Baily, William Lever, Fames Damask, William Plumstead : Are you all agreed of your Verdiet?
Clerk. Look upon the Prisoners. What say you, is William Penn guilty of the matter whereof he stands indicted, in manner and form, &c. or not guilty ?
Foreman. Here is our Verdict in writing, and our Hands subscrib'd.
Obser. The Clerk took the Paper, but was stopt by the Recorder from reading of it; and he commanded to ask for a por sitive Verdiet. Foreman. That is our Verdiet ; we have subscrib'd it.
Clerk. How say you, is Willian Penn guilty, doc. or not guilty ?
Foreman. Not guilty:
Clerk. How fay you, is William Mead guilty, doc. or not guilty ?
Foreman. Not guilty.
Clerk. Then hearken to your Verdi&t, you say that William Penn is not guilty in manner and form as he stands indicted ; you say that William Mead is not guilty in manner and forin as he ftands indi&ted, and so you fay all.
Jury. Yes, we do so.
Obfer. The Bench being unsatisfy'd with the Verdi&t, commanded that every Person fhould diftin&tly answer to their
3 Names, and give in their Verdi&, which they unanimouliy
did, in saying, Not Guilty; to the great satisfaction of the | Assembly.
Rec. I am sorry, Gentlemen, you have follow'd your own Judgments and opinions, rather than the good and whollom Advice, which was given you ; God keep my Life out of your
hands, but for this the Court fines you forty mark a mari, 3 and Imprisonment, till paid: At which Penn stept up towards the Bench, and said,
Pen. I demand my Liberty, being freed by the Jury.
Pen. I ask, if it be according to the fundamental Låws of England, that any English-man should be fined or amerced, but by the Judgment of his Peers or Jury; fince it ex. presly contradicts the foutteenth and twenty ninth Chapter of the great Charter of England, which say, No Freeman ought to be amerced but by the Oath of good and lawful Men of the Vicinage.
Rec. Take him away, take him away, take him out of the Court.
Pen. I can never urge the fundamental Laws of England, but you cry, Take him away, take him away. But it is no won. der, since the Spanish Inquisition hąth so great a place in the Recorder's Heart. God Almighty; who is juft, will judg yod all for these things.
Obser. They haled the Prisoners into the Bale-dock; and -5
from therice sent them to Newgate, for Non-payment of theis Fines; and fo were their Jury.
An APPENDIX, by way of Defence for
the Prisoners, as what might have been offer'd against the Indictment, and illegal Proceedings of the Court thereon, had they not violently over-ruľd and stop'd them.
PON a sober Disquisition into the several parts of the Indictment, we find it fo wretchedly defective, as
if it were nothing else but a mere Composition of Error, rather calculated to the malicious Designs of the Judges, than to the least Verity of Fact committed by the Prisoners.
To prove this, what we say will be a main help to disca ver the Arbitrary Proceedings of the Bench in their frequent Menaces to the Jury; as if it were not so much their Butiness to try, as to condemn the Prisoners; and that not so much for any Fact they had committed, as what the Court would have suggested to the Jury to have been their Fact.
Sect. 1. It is the constant Common Law of England, that no man should be taken, imprison'd, amerced, difseiz'd of his Freehold, of his Liberties or free Cuftoms, but by the Judg. ment of his Peers, which are vulgarly callid a jury from Jurare, because they are sworn to do right.
Sect. 2. The only Afiftance that is given the Jury, in orde: to a Verdict, is ;
Firit, the Evidence given of the Fact committed by the Person indicted.
Secondly, the Knowledg of that Law, Aet, or Statute the Indictment is grounded upon, and which the Prisoners are faid to have transgress'd.
Sect. 3. We shall neglect to mention here, how much they were depriv'd of that just advantage the antient cqual Law of England do allow ; deligning it for a Conclusion of the whol, and shall only speak here to matter of Fact and Law.
Seit.. The Evidence you have read in the Trial, the u:moft Import of which is no niore than this ; That William Pces was speaking in Grace-Church-Jireet to an Assembly of People, but knew not what he said; which is so great a Contra. dition, as he that runs may read it. For no man can say another man preaches, and y.t understand not what he faith:
He may conjecture it, but that is a lame Evidence in Law: It might as well have been sworn, That he was speaking of Law, Physick, Trade, or any other matter of Civil Cancernment. Besides, There is no Law againft Preaching what is Truth, whether it be in the Street, or in any other place : Nor is it poffible, that any man can truly swear, That he preach'd Sedition, Heresy, doc. unless he so heard him, that he could tell what he said.
Sect. 5. The Evidence further faith, That W. Mead was there ; but till being in Gracechurch-ftreet be a Fault, and hearing a Man speak the Witness knows not what, be contrary to Law, the whole Evidence is useless and impertinent: but what they want of that, they endeavour to supply with Indictment; whose parts we proceed to consider.
Exceptions against the Indictment. Se&t. 6. It faith, That the Prisoners (were met upon the 15th Day of August, 1670.] whereas their own Evidence affirms it to be upon the 14th Day of Augult, 70.
Sect. 7. (That they met with Force and Arms] which is fo great å Lye, that the Court had no better cover for it, than to tell the Jury, it was only a piece of Form, urging that the man tried for clipping of Mony this present Sellions had the fame words used in his Indictment.
But that this Answer is too scanty, as well as it was too weak to prevail with the Jury ; we defire it may be consider'd, that the same words may be used more of course, and out of form at one time, than at another. And tho we grant they can have little force with any Jury in a Clipper's cafe, for mete Clipping; yet they are words that give to just a ground of Jealousy, nay that carry fo clear an Evidence of Illegality, where they are truly prov'd and affirm'd of any Meeting, as that they are the proper Roots from whence do spring those Branches which render an Indictment terrible, andan Asembly truly the Terror of the People.
Sect. 8. (Unlawfully and tumultuously to disturb the Peace] which is as true às what is said before, that is as false. This will evidently appear to all that consider how lawful it is to alTemble with no other design than to worship God: and their calling a lawful Assembly an unlawful one, no more makes it fo, than to fay Light is Darkness, Black is White, concludes so impudent a Fality true.
· In ihort, because to worship God can never be a Crime, 'no Meeting or Affembly deligning to worship God, can be unlawful. Such as go about to prove an unlawful Affembly,
must prove the Assemblers intent not to worship God, bu that no man can do, because no man can know another man's Intentions, and therefore it's impossible that any should prove such an Assembly unlawful. That is properly an unlawful Affembly, according to the Definition of the Law, when several Persons are met together, with design to use violence, and to do mischief; but that Diflenters meet with no such Intention, is manifest to the whole world, therefore their Assemblies are not unlawful. He that hath only Right to be worship’d, which is God, hath only Right to inftitute how he will be worship’d; and such as worship him in that way they apprehend him to have instituted, are so far from being unlawful Assemblers, that therein they do but express the Duty they owe to God.
[Tumultuously] iinports as much as Disorderly, or an Affembly full of Noise, Buftle, and Confusion, uling Force and Violence, to the injury of Persons, Houses, or Grounds. But whether Religious Disfenters, in their peaceable Meetings, therein defiring, and seeking nothing more than to express that Duty they owe to God Almighty, be a tumultuous Action, or Meeting in the Sense expreft" (and which is the very Definition of the Law) will be the question. Certainly such as call these Meetings tumultuous, as to break the Peace, offer the greatest violence to common words, that can be well imagin'd; for they may as rightly say, such Persons meet adulterously, thievishly, &c. as to affirm they meet tumultuoully, because they are as truly applicable. In short, such Particulars as are required to prove them such Meetings in Law, are wholly wanting.
Seit. 9. (To the Disturbance of the Peace.].
If thé Disturbance of the Peace be but matter of form with the rest, as is usually pleaded; leave out this matter of form, and then fee what great matter will be left.
Certainly such Affemblies, as are not to the breach and disturbance of the Peace, are far from being unlawful or tu. multuary: But if the Peace be broken by them, how comes it the Evidence was so short ? We cannot believe it was in favour of the Prisoners. This may shew to all the reasonable World how forward fome are, to brani Innocency with hateful Names, to bring a Suspicion, where there was none deserved.
Sect. 10. (That the said Penn and Mead met by agreement beforehand made.]
But if Persons that never saw each other, nor converse together, neither had Correspondence by any other hand, can not be said to be agreed to any Action, before it be done;