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S there can be no obfervation, where there is no action; fo it is impoffible there fhall be a judicious intelligence, without due obfervation.

And fince there can be nothing more reasonable than a right information, especially of publick acts; and well knowing how induftrious fome will be to mifrepresent this trial, to the difadvantage of the cause and prifoners; it was thought requifite, in defence of both, and for the fatisfaction of the people, to make it more publick. Nor can there be any business wherein the people of England are more concerned, than in that which relates to their civil and religious liberties, queftioned in the perfons before named at the Old Bailey, the firft, third, fourth and fifth of September 1670.

There being present on the bench, as justices,

Sam. Starling, mayor.
John Howell, recorder.
Tho. Bludworth, alderm.
William Peak, alderm.
Richard Ford, alderm.

John Robinson, alderm.
Jofeph Shelden, alderm.
Richard Brown,
John Smith,

James Edwards,

fheriffs.

The citizens of London that were fummoned for jurors, appearing, were impanelled; viz.

Cle. Call over the jury.

Cry. Oyes, Thomas Veer, Ed. Bufhel, John Hammond, Charles Milfon, Gregory Walklet, John Brightman, Will. Plumstead, Henry Henley, James Damafk, Henry Michel, Will. Lever, John Baily.

The

The form of the OATH.

You fhall well and truly try, and true deliverance make betwixt our fovereign lord the king, and the prisoners at the bar, according to your evidence. So help you God.'

The INDICTMENT.

That William Penn, gent. and William Mead, • late of London, linen-draper, with divers other perfons to the jurors unknown, to the number of three hundred, the 15th day of Auguft, in the 22d year of the king, about eleven of the clock in the forenoon of the fame day, with force and arms, &c. in the parish of St. Bennet Grace-church, in Bridge-ward, London, in the ftreet called Gracechurch-ftreet, unlawfully and • tumultuously did affemble and congregate themfelves together, to the disturbance of the peace of the faid lord the king: and the aforefaid William Penn and William Mead, together with other perfons to the jurors aforefaid unknown, then and there fo affembled and congregated together; the aforefaid William Penn, by agreement between him and William Mead before made, and by abetment of the aforefaid William Mead, then and there, in the open ftreet, did take upon himself to preach and speak, and then and there did preach and fpeak, unto the aforefaid William Mead, and other perfons there in the street aforefaid, being affembled and congregated together; by reafon whereof a great concourfe and tumult of people in the street 'aforefaid, then and there, a long time did re'main and continue, in contempt of the faid lord the king, and of his law; to the great difturbance of his peace, to the great terror and disturbance of many of his liege people and fubjects, to the ill example of all others in the

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like cafe offenders, and against the peace of the faid lord the king, his crown and dignity.'

What fay you William Penn, and William Mead? Are you guilty, as you ftand indicted, in manner and form as aforefaid, or not guilty?

Penn. It is impoffible that we fhould be able to remember the indictment verbatim, and therefore we defire a copy of it, as is cuftomary on the like occafions.

Rec. You must first plead to the indictment, before you can have a copy of it.

Penn. I am unacquainted with the formality of the law, and therefore before I fhall anfwer directly, I requeft two things of the court. First, That no advantage may be taken against me, nor I deprived of any benefit, which I might otherwise have received. Secondly, That you will promise me a fair hearing, and liberty of making my defence.

Court. No advantage fhall be taken against you: you fhall have liberty; you fhall be heard.

Penn. Then I plead Not guilty, in manner and form.

Cle. What fayeft thou, William Mead? Art thou guilty in manner and form, as thou ftandeft indicted, or not guilty?

Mead. I fhall defire the fame liberty as is promised to William Penn.

Court. You fhall have it.

Mead. Then I plead Not guilty, in manner and form.

The court adjourned until the afternoon.

Cry. Oyes, &c.

Cle. Bring William Penn and William Mead to the bar.

Obfer. The faid prifoners were brought, but were fet afide, and other business profecuted. Where we cannot chufe but obferve, that it was the con

ftant

ftant and unkind practice of the court to the prifoners, to make them wait upon the trials of felons and murderers, thereby defigning, in all probability, both to affront and tire them. After five hours attendance, the court broke up, and adjourned to the third instant.

The third of September 1670, the court fat.

Cry. Oyes, &c.

Mayor. Sirrah, Who bid you put off their hats? Put on their hats again.

Obfer. Whereupon one of the officers putting the prifoners hats upon their heads (pursuant to the order of the court) brought them to the bar. Record. Do you know where you are?

Penn. Yes.

Rec. Do you know it is the king's court?

Penn. I know it to be a court, and I fuppofe it to be the king's court.

Rec. Do you know there is respect due to the court? Penn. Yes.

Rec. Why do you not pay it then?

Penn. I do fo.

Rec. Why do you not put off your hat then? Penn. Because I do not believe that to be any respect.

Rec. Well, the court fets forty marks a-piece upon your heads, as a fine, for your contempt of the court. Penn. I defire it may be obferved, that we came into the court with our hats off (that is, taken off) and if they have been put on fince, it was by order from the bench; and therefore not we, but the bench, fhould be fined.

Mead. I have a question to ask the recorder: Am I fined alfo ?

Rec. Yes.

Mead. I defire the jury, and all people, to take notice of this injuftice of the recorder, who fpake not to me to pull off my hat, and yet hath he put a fine

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upon my head. O! fear the Lord, and dread his er, and yield to the guidance of his Holy Spirit; for he is not far from every one of you.

The jury fworn again.

Obfer. J. Robinson, lieutenant of the Tower, difingenuously objected against Edward Bufhel, as if he had not kiffed the book, and therefore would have him fworn again; though indeed it was on purpose to have made ufe of his tenderness of confcience, in avoiding reiterated oaths, to have put him by his being a juryman, apprehending him to be a perfon not fit to answer their arbitrary ends. The clerk read the indictment as aforefaid. Cle. Call James Cook into the court, give him his oath.

Cle. James Cook, lay your hand upon the book; The evidence you fhall give to the court, betwixt ⚫ our fovereign the king, and the prisoners at the bar, 'fhall be the truth, and the whole truth, and nothing but the truth. So help you God,' &c.

Cook. I was fent for from the Exchange, to go and disperse a meeting in Gracious- ftreet, where I faw Mr. Penn speaking to the people, but I could not hear what he faid, because of the noife. I endeavoured to make way to take him, but I could not get to him for the croud of people. Upon which Captain Mead came to me, about the kennel of the street, and defired me to let him go on; for when he had done, he would bring Mr. Penn to me.

Court. What number do you think might be there? Cook. About three or four hundred people. Court. Call Richard Read, give him his oath. Read being fworn, was asked, What do you know concerning the prisoners at the bar?

Read. My lord, I went to Gracious-ftreet, where I found a great croud of people, and I heard Mr. Penn preach to them; and I faw Captain Mead speaking to Lieutenant Cook, but what he said I could not tell.

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