Rec. Gentlemen, you must be content with your hard fate; let your patience overcome it; for the court is refolved to have a verdict, and that before you can be difmiffed.

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, though defired.

Cry. Oyes, &c.

Obfer. The court adjourned till feven of the clock next morning (being the fourth instant, vulgarly called Sunday); at which time the prisoners were brought to the bar, the court fat, and the jury called in, to bring in their verdict.

Cry. Oyes, &c.-Silence in the court, upon pain of imprisonment.

The jury's names called over.

Cle. Are you agreed upon your verdict?
Jury. Yes.

Cle. Who fhall speak for you?

Jury. Our foreman.

Cle. What fay you? Look upon the prisoners at the bar: Is William Penn guilty of the matter whereof he ftands indicted, in manner and form as aforefaid, or not guilty?

Foreman. William Penn is guilty of speaking in Gracious-ftreet.

Mayor. To an unlawful affembly?

Bufbel. No, my lord, we give no other verdict than what we gave last night: we have no other verdict to give. Mayor. You are a factious fellow; I'll take a course with you.

Bludw. I knew Mr. Bushel would not yield.

Bufbel. Sir Thomas, I have done according to my confcience.

Mayor. That confcience of yours would cut my throat.

Bushel. No, my lord, it never fhall.

Mayor. But I will cut yours as soon as I can.

VOL. I.

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Rec.

Rec. He has infpired the jury; he has the spirit of divination; methinks I feel him. I will have a pofitive verdict, or you fhall ftarve for it.

Penn. I defire to ask the recorder one queftion: Do you allow of the verdict given of William Mead?

Rec. It cannot be a verdict, because you are indicted for a confpiracy; and one being found not guilty, and not the other, it could not be a verdict.

Penn. 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, it is no verdict.

Penn. I affirm, that the confent of a jury is a verdict in law. And if William Mead 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 paffed between the jury and the court. The jury went up again, having received a fresh charge from the bench, if poffible to extort an unjuft verdict.

Cry. Oyes, &c.-Silence in the court.

Court. Call over the jury.-[Which was done.] Cle. What fay you? Is William Penn guilty of the matter whereof he ftands indicted in manner and form aforefaid, or not guilty?

Foreman. Guilty of fpeaking in Gracious-street.

Rec. What is this to the purpofe? I fay I will have a verdict. [And fpeaking to E. Bufhel faid] You are a factious fellow; I will fet a mark upon you. And whilst I have any thing to do in the city, I will have an eye upon you.

Mayor. Have you no more wit, than to be led by fuch a pitiful fellow? I will cut his nose.

Penn. It is intolerable that my jury fhould be thus menaced! Is this according to the fundamental law? Are not they my proper judges by the great charter of England? What hope is there of ever having juftice

done,

done, when juries are threatened, and their verdicts rejected? I am concerned 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 anfwer not your ends? Unhappy are thofe juries, who are threatened to be fined, and ftarved, and ruined, if they give not in their verdicts contrary to their confciences.

Rec. My lord, you must take a course with that fame fellow.

Mayor. Stop his mouth. Jailer, bring fetters, and ftake him to the ground.

Penn. Do your pleafure; I matter not your fetters. Rec. Till now I never understood the reason 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 the Spanish inquifition be in England.

Obfer. The jury being required to go together, to find another verdict, and ftedfastly 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 thefe words in his mouth, I proteft I will fit here no longer to hear these things.' At which the mayor calling, Stay, ftay, he returned, and directed himself unto the jury, and spake as followeth: Rec. Gentlemen, we fhall not be at this pass always with you. You will find the next feffions 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 fpecial.

Lee. I cannot tell how to do it.

Jury. We ought not to be returned; 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

R 2

you

you carted about the city, as in Edward the Third'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.

Mayor. Take them up.

Officer. My lord, they will not go up.

Obfer. The mayor spoke to the sheriff, and he came off his feat, and said:

Sher. Come, gentlemen, you must go up; you fee I am commanded to make you go.

Obfer. Upon which the jury went up; and several were fworn to keep them without any accommodation, as aforefaid, till they brought in their verdict.

Cry. Oyes, &c. The court adjourns till to-morrow morning, at feven of the clock.

Obfer. The prifoners were remanded to Newgate, where they remained till next morning, and then were brought into the court; which being fat, they proceeded as followeth :

Cry. Oyes, &c.-Silence in the court, upon pain of imprisonment.

Clerk. Set William Penn and William Mead to the bar. Gentlemen of the jury, answer to your names; Thomas Veer, Edward Bufhel, John Hammond, Henry Henley, Henry Michel, John Brightman, Charles Milfon, Gregory Walklet, John Bailey, William Lever, James Damask, William Plumstead; are you all agreed of your verdict?

Jury. Yes.

Clerk. Who fhall speak for you?

Jury. Our foreman.

Clerk. Look upon the prifoners: What fay you? Is William Penn guilty of the matter whereof he ftands indicted, in manner and form, &c. or not guilty? Foreman. You have there read in writing already our verdict, and our hands fubscribed.

Obfer.

Obfer. The clerk had the paper, but was ftopped by the recorder from reading of it; and he commanded to ask for a pofitive verdict.

Foreman. If you will not accept of it, I defire to have it back again.

Court. That paper was no verdict; and there shall be no advantage taken against you by it.

Clerk. How fay you? Is William Penn guilty, &c. or not guilty?

Foreman. Not guilty.

Clerk. How fay you? Is William Mead guilty, &c. or not guilty?

Foreman. Not guilty.

Clerk. Then hearken to your verdict. You say that William Penn is not guilty in manner and form, as he ftands indicted: you fay that William Mead is not guilty in manner and form, as he ftands indicted; and you fay all.

fo

Jury. Yes, we do fo.

Obfer. The bench being unfatisfied with the verdict, commanded that every person should diftinctly answer to their names, and give in their verdict; which they unanimously did, in faying, Not guilty, to the great fatisfaction of the alfembly.

Rec, I am forry, gentlemen, you have followed your own judgments and opinions, rather than the good and wholesome advice which was given you. God keep my life out of your hands: but for this the court fines you forty marks a man, and imprisonment till paid. [At which Penn stepped up towards the bench, and faid]

Penn. I demand my liberty, being freed by the jury.

Mayor. No! you are in for

Penn. Fines! for what?

your fines.

Mayor. For contempt of the court.

Penn. I afk, if it be according to the fundamental laws of England, that any Englishman should be fined,