then the Prisoners were far from an Agreement, for they had never feen, convers'd, nor correfponded, directly nor indirectly, before the Officers came to difturb the Affembly. We well know how far they would have ftretch'd the word Agreement or Conspiracy; but God, who brings to nought the Counfels of the Wicked, prevented their cruel Defigns.

Sect. 11. [That William Mead did abet the faid William Penn in Preaching.]

No man can be faid to abet another, whilft they are both unknown to each other, efpecially in this cafe, where abetting follows agreeing, and agreeing fuppofes Foreknowledg. Nay the word abet in Law fignifies to command, procure, or counfel a Perfon, which W. Mead could not be faid to do, in reference to W. Penn, they being fo great Strangers one to another, and at fo great a diftance: for the Evidence proves that he was with Lieutenant Cook; and Lieutenant Cook Twears he could not make his way to W. Penn, for the Croud

Sect. 12. [That W. Penn's Preaching and Speaking caused a great Concourfe and Tumult of People, to remain and continue a long time in the Street.

But this is fo improbable to believe, that the very nature of a Tumult admits of no fuch thing as Preaching; but implies a diforderly Multitude, where all may be faid to speak, rather than any to hear.

Sect. 1. [In contempt of the King and his Laws.]

They are fo far from contemning the King and his Laws, that they are oblig'd and conftrain'd by their own Principles, to obey every Ordinance of Man for the Lord's fake, but not against the Lord for Man's fake; which is the queftion in hand. Befides, their continuance there, was not in contempt, but by the permiffion of the chief Officer prefent, that came there by the King's Authority; nor is it for the Honour of the King, that fuch Perfons fhould be faid to act in contempt of his Laws, as only meet to honour God and his Laws.

Sect. 2. [And to the great disturbance of the King's Peace.]

It is far from difturbing and breaking the King's Peace, for men peaceably to meet to worship God; for it is then properly broken and invaded, when Force and Violence are ufed, to the hurt and prejudice of Perfons and Eftates; or when any thing is done that tends to the ftirring up of Sedition, and begetting in People a diflike of the Civil Government: But that fuch things are not practis'd by us in our Affemblies, either to offer violence to mens Perfons and Eftates, or to ftir up People to Sedition, or diflike to the Civil Government, is obvious to all that vifit our Affemblies.

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Sect. 3. [To the great terror and disturbance of the King's liege People and Subjects, and to the evil Example of all others in the like cafe offending, against the King's Peace, his Crown, and Dignity.]

Were thefe black Criminations as true as they are wretchedly falfe, we fhould give as juft an occafion to lose our Liberties, as our cruel Adverfaries are ready to take any to deprive us unjufily of them. O how notorious is it to all fober People, that our manner of Life is far from terrifying any; and how abfurd to think that naked Men (in the generality of their Conversation known to be harnlefs and quiet) fhould prove a terror or difturbance to the People? Certainly, if any fuch thing fhould be in the time of our Meetings, it is brought with the Cruelty and barbarous Actions of your own Soldiers; they never learnt by our example to beat, hale before Ma giftrates, fine, and imprifon for matters relating to God's Worship; neither can they fay, we are their Precedents for all thofe Adulterous, Prodigal, Lafcivious, Drunken, Swearing, and Profane Acts they daily commit, and efteem rather occafion of Brag and Boaft, than Sorrow and Repentance: No, they need not go fo far, they have too many (God Almighty knows) of their own Superiors for their example.

Sect. 4. But we can never pass over with filence, nor enough obferve the deteftable juggle of fuch Indictments, which we require all English and confcientious Men to mind, as they value themselves in the like occafions. How little a grain of fact was prov'd, yet how fpecious an Indictment was made? Had it related to the Evidence, the bulk had been excufable; but when it only fwell'd with malicious fcaring Phrafes, to fuggeft to the People that they were the mereft Villains, the most dangerous Perfons, and defigning mutually the Subverfion of the Laws, and Breach of the Peace, to the terrifying of the People, &c.

Who can chufe but tell them of their Romance-Indictment, that is fo forg'd, as it truly merits another againft it felf. This they childishly call Form; but had an Italian, or other Stranger been in Court, he would have judg'd it matter of fact, as thinking it unworthy of a King's Court, to accuse men in terms, not legally, truly, or probably due to the Fact they really had committed, as well as that no Court would practise it, but that which lov'd to deprive Men of their Liberties and Lives, rather than to fave them; Nolens Volens.

Sect. 5. Had their Cruelty and Juggle ended here it felf, they would have fpar'd us the pains of any further Obfervation. But that which we have to add, on the Prifoners behalf, readers their Actions fo abominable in the fight of

Juftice,

Juftice, that all honeft and ingenuous Hearts muft needs abhor

their bafe Snares.

They tell the Jury, That being but Judges of Fall only, they were to bring the Prisoners in guilty (that is, of the fact) at their peril; and it was the part of the Bench, to judg what was Law. So that if the Jury had brought them in Guilty, without any further additional Explanation (tho intentionally they meant only of the Fact proved by Evidence) yet the Bench would have extended it to every part of the Indictment; and by this impious Delufion to have perjur'd a well-meaning Jury, and have had their barbarous ends upon the innocent Prisoners. But the Jury better understanding themselves, brought in Will. Penn guilty of the Fact proved, namely, That he was Speaking to fome People met in Grace-Church-ftreet, but not of an unlawful Affembly, fo circumftantiated (the mention of which ftab'd their Defign of moulding the general Anfwer of Guilty, to their own ends, to the heart) nor indeed could they do otherwife; for as well the Jury as Prifoners, were deny'd to have any Law produced, by which they might meafure the Truth of the Indictment, and Guilt of the Fact. But because the Recorder would or could not (perhaps 'tis fo long fince he read Law that he may have forgotten it) we fhall perform his part, in fhewing what is that Common Law of the Land, which in general, he faid, they were indicted for the Breach of, and which indeel, if rightly underftood, is the undoubted Birthright of every Englishman; yea, the Inheritance of Inheritances: Major Hæreditas venit unicuique noftrum a Jure & Legibus, quam a Parentibus. Coke Inftit. 2. 56.

Sect. 6. All the various kinds or models of Government that are in the world, ftand either upon Will and Power, or Condition and Contract: The first rule by Men, the fecond by Laws. It is our happiness to be born under fuch a Conftitution, as is moft abhorrent in it felf of all arbitrary Government, and which is, and ever has been most choice and careful of her Laws, by which all Right is preferv'd.

Sect. 7. All Laws are either Fundamental, and fo immutable; or Superficial, and fo alterable. By the firft we underftand fuch Laws, as injoin men to be juft, honeft, vertuous; to do no wrong, to kill, rob, deceive, prejudice none; but to do as one would be done unto; to cherish good, and to terrify wicked Men In fhort, univerfal Reafon, which are not fubject to any Revolutions, because no Emergency, Time, or Occafion can ever justify a Sufpenfion of their Execution, much less their utter Abrogation.

Sect. 8. By Superficial Laws, we understand fuch Aas, Laws, or Statutes, as are futed to prefent Occurrences; and

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which may as well be abrogated, for the good of the Kingdon, as they were firft made for it. For inftance, thofe Statutes that relate to Victuals, Clothes, and Places of Trade, &c. which have ever ftood whilft the Reafon of them was in force; but when that Benefit, which once redounded, fell by cross Occurrences, they ended; according to that old Maxim, Cef Jante ratione Legis, ceffat Lex. But this cannot be faid of Fundamental Laws, till Houfes ftand without their Foundations, and English Mankind wholly cease to be; which brings close upon the point.

Se&t. 9. There is not any Country, that has more conftantly exprefs'd her Care and deep Sollicitude, to the prefervation of her fundamental Laws, than the English Nation. And tho the Evil of fome particular Times and Perfons have endeavour'd an utter Abolition of thofe excellent Fundamentals, which we have before defined and defended from any just reafon of Revolution; yet God Almighty, who is always concern'd to avenge the Caufe of Juftice, and thofe excellent good Laws by which it is upheld, has by his Providence befool'd their Contrivances, and baffled their Attempts, by bringing their Designs to nought, and their Perfons frequently to condign Punishment and Difgrace. Their Age no Antiquary living can affure us, unless they fay, as old as Reafon it felf; but our own Authors are not lacking to inform us, that the Liberties, Properties, and Privileges of the English Nation are yery antient.

Set, 10. For Horn, in his Mirror of Justice, (writ in Edward the Firft's time) fol. 1. tells us, "That after God had abated the Nobility of the Britons, he did deliver the Realm to men more humble and fimple, of the Countries adjoining, to wit, the Saxons, who came from the parts of Almaign to • conquer this Land; of which Men there were forty Sove reigns, which did rule as Companions; and thofe Princes did call this Realm England, which before was named the Greater Britain, Thefe, after great Wars, Tribulations, and Pains, by long time' fuffer'd, did chufe a King to t reign over them, to govern the People of God, and to 66 maintain and defend their Perions, and their Good in quiet, by the Rules of Right. And at the beginning they did caufe him to fwear to maintain the Holy Chriftian Faith, and to guide his People by Right, with all his 66 Power, without refpect of Perfons, and to obferve the Laws. And after, when the Kingdom was turn'd into an Heritage, King Alfred that govern this Kingdom about "an hundred feventy one years before the Conqueft, dia cause the Great Men of the King tom to affemble at

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"London, and there did ordain for a perpetual Ufage, That "twice in the Year, or oftner, if need fhould be, in time of "Peace, they thould affemble at London in Parliament, for "the Government of God's People, that men might live "in quiet, and receive Right by certain Ufages and Holy Judgments,

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In which Parliament (faith our Author) the Rights and "Prerogatives of the Kings and of the Subjects are diftinguifh'd and fet apart; and particularly by him express'd, too tedious here to infert: amongft which Ordinances we find," That no man fhould be imprifon'd, but for a capital Offence. And if a man fhould detain another in Prifon, by colour of Right (where there was none) till the Party "imprifon'd dy'd; he that kept him in Prifon fhould be hefd guilty of Murder, as you may read page 33. And pag. 36. He is declar'd guilty of Homicide, by whom a Man fhall die in prifon, whether it be the Judges, that thall too long delay to do a Man right, or by Cruelty of Goalers, or fuffering him to die of Famine; or when a Man is adjudg'd "to do penance, and fhall be furcharg'd by his Goaler with "Irons, or other pain, whereby he is depriv'd of his life. And p. 149. That by the antient Law of England, it was Felony to detain a man in prifon, after fuificient Bail of "fer'd, where the Party was plevifable; every Perfon was "plevifable, but he that was appeal'd of Treafon, Murder, Robbery, or Burglary, pag. 35. None ought to be put in common Prifons, but only fuch as were Attainted, or prin "cipally Appealed or Indicted of fome capital Offence, or At"tainted of falfe or wrongful Imprifonment. So tender have the antient Laws and Conftitutions of this Realm been of the Liberty of their Subjects Perfons, that no man ought to be imprifon'd, but for a Capital Offence, as Treason, Murder, Robbery, or Burglary,

Sett. 11. Nor is Lambard short, in his excellent Tranflation of the Saxon Laws, from King Ina's time 712. to Henry III. 1100. in defcribing to us the great Obligation, and ftrong Condition the People were wont to put upon their Kings, to obferve the antient fundamental Laws, and free Customs of this Land; which were handed down from one Age to another. And in the 17th Chapter of Edward the Confeffor's Laws, the mention there made of a King's Duty is very remarkable, That if he break his Oath, or perform'd not his Obligation, nec nomen Regis in eq conftabit. The fame Lambard further tells us, That however any may affirm William of Normandy to be a Conqueror, he was receiv'd by the People as Edward's Succeffor, and by folemn Oath taken, to maintain unto them the

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