may fhew to all the reasonable world, how forward fome are to brand innocency with hateful names, to bring a fufpicion where there was none deserved.

Sect. 10. ["That the faid Penn and Mead met by "agreement beforehand made."]

But if perfons that never faw each other, nor converfed together, neither had correfpondence by any other hand, cannot be faid to be agreed to any action before it be done; then the prifoners were far from an agreement; for they had never feen, conversed, nor correfponded, directly, nor indirectly, before the officers came to difturb the affembly. We well know how far they would have ftretched the word agreement, or confpiracy; but God, who brings to nought all 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 foreknowledge. Nay, the word abet in law, fignifies to command, procure, or counsel 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 fwears, he could not make his way to W. Penn for the croud.

Sect. 12. ["That W. Penn's preaching and speak"ing caused a great concourse 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 said to speak, rather than any to hear.

Sect. I. ["In contempt of the king and his laws."]

They are fo far from contemning the king and his laws, that they are obliged and conftrained by their

own

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 question 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 said to act in contempt of his laws, as only meet to honour God and His laws.

Sect. 2. ["And to the great difturbance of the "king's peace."]

It is far from difturbing or 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 used, to the hurt and prejudice of perfons and estates; or when any thing is done that tends to the stirring up of fedition, and begetting in people a dislike of the civil government. But that fuch things are not practifed by us in our affemblies, either to offer violence to mens perfons and eftates, or to ftir up people to fedition, or diflike to the civil government, is obvious to all that vifit our affemblies.

Sect. 3. [" To the great terror and difturbance of "the king's liege people and fubjects, and to the " evil example of all others in the like cafe offend"ing, against the king's peace, his crown and dig"nity."]

Were thefe black criminations as true as they are wretchedly falfe, we fhould give as juft an occafion to lofe our liberties, as our cruel adverfaries are ready to take any to deprive us unjustly 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 harmless and quiet) fhould prove a terror or disturbance 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 foldiers; they never learned by

our

our example to beat, hale before magiftrates, fine and imprison for matters relating to God's worship: neither can they fay, we are their precedents for all those adulterous, prodigal, lafcivious, drunken, fwearing, and profane acts, they daily commit, and efteem rather occafion of brag and boaft, than forrow and repentance: no, they need not go fo far; they have too many (God Almighty knows) of their own fuperiors 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 conscientious men to mind, as they value themselves on the like occafions. How little a grain of fact was proved, yet how spacious an indictment was made: had it related to the evidence, the bulk had been excufable; but when it only fwelled with malicious fcaring phrafes, to fuggeft to the people that they were the merest villains, the most dangerous perfons, and defigning mutually the fubverfion of the law, and breach of the peace, to the terrifying of the people, &c. who can choose but tell them of their romance indictment, that is fo forged, that it truly merits another against itfelf? This they childishly call form. But had an Italian, or other ftranger, been in court, he would have judged it matter of fact, as thinking it unworthy of a king's court, to accufe 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 loved to deprive men of their liberties and lives, rather than to fave them, nolens, volens.

Sect. 5. Had their cruelty and juggle ended itself here, they would have fpared us the pains of any farther obfervation. But that which we have to add on the prifoners behalf, renders their actions fo abominable in the fight of juftice, that all honeft and ingenuous hearts muft needs abhor their base fnares. They tell the jury, That being but judges of FACT only, they were to bring the prifoners in guilty (that is, of the fact) at their peril; and it

was

was the part of the bench to judge what was law.' So that if the jury had brought them in guilty, without farther additional explanation (though 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 have perjured a well-meaning jury, and have had their barbarous ends upon the innocent prifoners. But the jury, better understanding themfelves, brought in William Penn guilty of the fact proved, namely, That he was fpeaking to fome people met in Gracechurchftreet, but not to an unlawful affembly, fo circumftantiated:' the mention of which ftabbed to the heart their defign of moulding the general answer of guilty to their own ends. Nor indeed could they do otherwife; for as well the jury, as prifoners, were denied to have any law produced, by which they might measure the truth of the indictment, and guilt of the fact. But because the recorder would not or could not (perhaps it is fo long fince he read law, that he may have forgotten it) we fhall peform his part, in fhewing what is that common law of the land,' which, in general, he said they were indicted for the breach of, and which indeed, if rightly understood, is the undoubted birth-right of every Englishman; yes, the inheritance of inheritances; Major bæreditas venit, unicuique noftrum à jure, & legibus, quam à 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 second, by laws. It is our happiness to be born under fuch a conftitution, as is most abhorrent in itself of all arbitrary government; and which is, and ever has been, moft choice and careful of her laws, by which all right is preferved.

Sect. 7. All laws are either fundamental, and fo immutable; or fuperficial, and fo alterable. By the firft, we understand fuch laws as enjoin men to be juft, honeft, virtuous; to do no wrong, to kill, rob,

deceive,

deceive, prejudice none; but to do as one would be done untò; to cherish good, and to terrify wicked men; in fhort, UNIVERSAL REASON; which are not subject to any revolution, because no emergency, time or occafion, can ever juftify a fufpenfion of ⚫ their execution, much less their utter abrogation.'

Sect. 8. By fuperficial laws, we understand fuch acts, laws, or ftatutes, as are fuited to prefent occurrences; and which may as well be abrogated for the good of the kingdom, as they were firft made for it. For instance, thofe ftatutes that relate to victuals, cloaths, and places of trade, &c. which have ever ftood whilst the reason of them was in force; but when that benefit, which once redounded, fell by cross occurrences, they ended; according to that old maxim, Ceffante ratione legis, ceffat lex. But this cannot be faid of fundamental laws, till houfes ftand without their foundations, and Englishmen wholly cease to be;' which brings clofe upon the point.

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Sect. 9. There is not any country that has more constantly expreffed her care and deep folicitude for the preservation of her fundamental laws, than the ENGLISH NATION: and though at particular times fome evil perfons have endeavoured an utter abolition of thofe excellent fundamentals, which we have before defined and defended from any just reason of revolution; yet God Almighty, who is always concerned to avenge the cause of juftice, and thofe excellent good laws by which it is upheld, has by his Providence befooled 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; unlefs they say,

As old as REASON itfelf:' but our own authors are not lacking to inform us, that the liberties, properties, and privileges of the English nation, are very

ancient.

Sect. 10. For HERN, in his " Mirror of Juftice," (written in Edward the Firft's time) fol. 1. tells us, That after God had abated the nobility of the Bri

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