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Clerk. What say you ? Look upon the Prisoner at the Bar ; Is he guilty of the matter whereof he stands indi&ted, in man. aer and form as aforesaid, or not guilty?

Foreman. William Penn is guilty of speaking in Grace-Church. Street.

May. To an unlawful Affembly?

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

May. You are a factious Fellow, I'll take a course with you.
Blood. I knew Mr. Bufbel would not yield.
Bufh. Sir Tho. I have done according to my Conscience.
May. That Conscience of yours would cut my throat.
Bufh. No, my Lord, it never shall.
May. But I will cut yours so soon as I can.

Rec. He has inspir'd the Jury, he has the Spirit of Divination, methinks I feel him: I will bave a pofitive Verdict, or you shall ftarve for it.

Pen. I defire to ask the Recorder one question; Do you al. low of the Verdict given of William Mead?.

Rec. It cannot be a Verdiet, because you were indi&ed for a Conspiracy; and one being found not guilty, and not the other, it could not be a Verdi&t.

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

Mead. How! Is not guilty no. Verdict ?
Rec. No, 'tis no Verdict.

Pen. I affirm, that the Consent of a fury is a Verdiet in Law; and if W. M. be 'not guilty, it consequently follows that I am clear; since you have indicted us of a Conspiracy, and I could not possibly conspire alone.

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

Cry. O yes, doc. Silence in the Court. Court. Call over the Jury. Which was done. Clerk. What say you? Is William Penn guilty of the matter whereof he ftands indicted, in manner and form aforesaid, or not guilty ?

Foreman, Guilty of fpeaking in Grace-Church Street.

Rec. What is this to the purpose? I say, I will have a Verdit. And speaking to Edw. Bahel, said, 'You are a factious Fellow ; I will ser 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 such a pitifill Fellow ? I will cut his Nore.

Pen.

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

Reç. My Lord, you must take a course with that same Fellow.

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

Pen. Do your pleasure, I matter not your Fetters.

Rec. Till now I never understood the reason of the Policy and Prudence of the Spaniards, in suffering the Inquifition among them: And certainly it will never be well with us, till something like unto the Spanish Inquisition be in EngLand.

Obser. The Jury being requird to go together to find another Verdiet, and fted faftly refusing it (saying they could give no other Verdiet, than what was already given) the Recorder in great paffion was running off the Bench, with these words in his mouth; 1 protest I will fit bere 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 Sessions of Parliament there will be a Law made, that those that will not conform, shall 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 set our hands to the Verdiet.

Rec. Your Verdie is nothing, you play upon the Court; I fay you shall go together, and bring in another Verdict, or you shali ftarve; and I will have you carted about the City, as in Edward IIP'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 save our Lives,

May. Take them up.
Ofic. My Lord, they will not go up.

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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.

Obfer. The Prisoners were remanded to Newgate ; where they remain’d till next morning, and then were brought unto 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, Henry Henly, Henry Michell, John Brightman, Charles Milson, Gregory Walklet, John Baily, William Lever, Fames Damask, William Plumstead : Are you all agreed of your Verdiet?

Jury. Yes.
Clerk. Who shall speak for you?
Jury. Our Foreman.

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 ftopt by the Re corder 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.

Obser. The Bench being unsatisfy'd with the Verdiet, commanded that every Person thould diftin&tly answer to their

Names,

. 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 wholsom 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.
May. No, you are in for your Fines.
Pen. Fines, for what?
May. For contempt of the Court.

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 you all for these things.

Obser. They haled the Prisoners into the Bale-dock; and from therice sent them to Newgate, for Non-payment of theis Fines; and fo were their Jury.

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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 violenily over-rul'd and stop'd them.

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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 calculared to the malicious Designs of the Judges, than to the leaft Verity of Fact committed by the Prisoners.

To prove this, what we say will be a main help to dilo ver the Arbitrary Proceedings of the Bench in their frequent Menaces to the Jury; as if it were not so much their Buliness 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 Faet.

Sect. 1. It is the constant Common Law of England, that no man should be taken, imprison'd, amerced, diffeiz'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 gurare, because they are sworn to do right.

Sect. 2. The only Assistance that is given the Jury, in order to a Verdict, is;

First, the Evidence given of the Fact committed by the Person indicted.

Secondly, the Knowledg of that Law, A&t, 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 equal Laws of England do allow ; deligning it for a Conclusion of the whol, and thall only speak here to matter of Fact and Law.

Sett. 4. The Evidence you have read in the Trial, the ut molt Import of which is no more than this ; That William Pera was speaking in Grace-Church-jireet to an Affembly of People, but knew not what he said; which is so great à Contradition, as he that runs may read it. For no man can say another man preaches, and y.t understand not what he faith

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