Mead. What did William Penn say? Read. There was fuch a great noife, that I could not tell what he said. Mead. Jury, obferve this evidence; he faith, he heard him preach; and yet faith, he doth not know what he said. Jury, take notice, he fwears now a clean contrary thing to what he fwore before the mayor, when we were committed: for now he swears that he faw me in Gracious-ftreet, and yet fwore before the mayor, when I was committed, that he did not fee me there. I appeal to the mayor himself if this be not true? (But no answer was given.) Court. What number do you think might be there? Penn. I defire to know of him what day it was? Penn. Did he fpeak to me, or let me know he was there? For I am very fure I never faw him, Cle. Crier, call Court. Give him his oath. into the court. My lord, I faw a great number of people, and Mr. Penn I fuppofe was fpeaking. I faw him make a motion with his hands, and heard fome noise, but could not understand what he said. But for Captain Mead, I did not fee him there. Rec. What fay you, Mr. Mead? Were you there? Mead. It is a maxim' in your own law, Nemo tenetur accufare feipfum; which if it be not true Latin, I am fure that it is true English, That no man is 'bound to accuse himself.' And why doft thou offer to enfnare me with fuch a question? Doth not this fhew thy malice? Is this like unto a judge, that ought to be counsel for the prifoner at the bar? Rec. Sir, hold your tongue; I did not go about to enfnare you. Penn. I defire we may come more close to the point, and that filence be commanded in the court. Cry. Oyes! All manner of perfons keep filence, upon pain of imprisonment.-Silence in the court. Q4 Penn. Penn. We confefs ourfelves to be fo far from recanting, or declining to vindicate the affembling of ourselves, to preach, pray, or worship the eternal, holy, juft God, that we declare to all the world, that we do believe it to be our indifpenfable duty to meet inceffantly upon fo good an account; nor fhall all the powers upon earth be able to divert us from reverencing and adoring our God, who made us. Brown. You are not here for worshipping God, but for breaking the law. You do yourselves a great deal of wrong in going on in that discourse. Penn. I affirm I have broken no law, nor am I guilty of the indictment that is laid to my charge. And to the end the bench, the jury, and myself, with thofe that hear us, may have a more direct understanding of this procedure, I defire you would let me know by what law it is you profecute me, and upon what law you ground my indictment. Rec. Upon the common law. Penn. Where is that common law? Rec. You must not think that I am able to run up fo many years, and over fo many adjudged cafes, which we call common law, to answer your curiofity. Penn. This anfwer I am fure is very fhort of my queftion; for if it be common, it fhould not be fo hard to produce. Rec. Sir, will you plead to your indictment? Penn. Shall I plead to an indictment that hath no foundation in law? If it contain that law you fay I have broken, why fhould you decline to produce that law, fince it will be impoffible for the jury to determine, or agree to bring in the verdict, who have not the law produced, by which they should measure the truth of this indictment, and the guilt, or contrary, of my fact. Rec. You are faucy, fellow. Speak to the indict ment. Penn. I fay it is my place to speak to matter of law. I am arraigned a prifoner; my liberty, which is next to life itself, is now concerned. You are many mouths mouths and ears against me; and if I must not be allowed to make the best of my cafe, it is hard. I fay again, unless you fhew me, and the people, the law you ground your indictment upon, I fhall take it for granted your proceedings are merely arbitrary. Obfer. At this time several upon the bench urged hard upon the prifoner to bear him down. Rec. The question is, Whether you are guilty of this indictment? Penn. The question is not whether I am guilty of this indictment, but whether this indictment be legal. It is too general and imperfect an answer, to say it is the common law, unless we both knew where, and what it is. For where there is no law, there is no tranfgreffion; and that law which is not in being, is fo far from being common, that it is no law at all. Rec. You are an impertinent fellow. Will you teach the court what law is? It is lex non fcripta; that which many have studied thirty or forty years to know; and would you have me tell you in a moment? 25 Edw. Penn. Certainly, if the common law be fo hard to be understood, it is far from being very common. But if the Lord Coke, in his Inftitutes,' be of any confideration, he tells us, That common law is com'mon right; and that common right is the great charter privileges, confirmed 9 Hen. 3. 29. I. I. 2 Edw. 3. 8.' Coke Inft, 2. p. 56. Rec. Sir, you are a troublesome fellow, and it is not for the honour of the court to suffer you to go on. Penn. I have afked but one queftion, and you have not answered me; though the rights and privileges of every Englishman be concerned in it. Rec. If I fhould fuffer you to ask questions till tomorrow morning, you would be never the wifer; Penn. That is according as the answers are. Rec. Sir, we must not stand to hear you talk all night. Penn. I defign no affront to the court, but to be heard in my juft plea. And I must plainly tell you, that if you will deny me the Oyer of that law, which you fuggeft fuggeft I have broken, you do at once deny me an acknowledged right, and evidence to the whole world. your refolution to facrifice the privileges of Englishmen to your finifter and arbitrary defigns. Rec. Take him away. My lord, if you take not some course with this peftilent fellow, to ftop his mouth, we shall not be able to do any thing to-night. Mayor. Take him away, take him away; turn him into the bale-dock. Penn. These are but fo many vain exclamations. Is this juftice, or true judgment? Muft I therefore be taken away because I plead for the fundamental laws of England? However, this I leave upon your confciences, who are of the jury, (and my fole judges) that if these ancient fundamental laws, which relate to LIBERTY and PROPERTY, (and are not limited to particular perfuafions in matters of religion) muft not be indifpenfably maintained and obferved, Who can fay he hath a right to the coat upon his back?' Certainly our liberties are openly to be invaded; our wives to be ravished; our children flaved; our families ruined; and our eftates led away in triumph, by every fturdy beggar, and malicious informer, as their trophies, but our (pretended) forfeits for confcience fake. The Lord of heaven and earth will be judge between us in this matter. Penn. I am not to be filent in a cafe wherein I am fo much concerned; and not only myself, but many ten thousand families befides. Obfer. They having rudely haled him into the baledock, William Mead they left in court, who spake as followeth. Mead. You men of the jury, here I do now ftand to answer to an indictment against me, which is a bundle of stuff, full of lies and falfhood; for therein I am accused that I met vi & armis, illicitè & tumultuosè. Time was, when I had freedom to use a carnal weapon, and then I thought I feared no man; but now now I fear the living GoD, and dare not make use thereof, nor hurt any man; nor do I know I demeaned myself as a tumultuous perfon. I fay, I am a peaceable man; therefore it is a very proper question what William Penn demanded in this cafe, an Oyer of the law on which our indictment is grounded.' Rec. I have made answer to that already. Mead. [Turning his face to the jury, faid] You men of the jury, who are my judges, if the recorder will not tell you what makes a riot, a rout, or an unlawful affembly, Coke, he that once they called the Lord Coke, tells us what makes a riot, a rout, and an unlawful affembly. A riot is when three, or more, are met together to beat a man, or to enter forcibly into another man's land, to cut down his grafs, his wood, or break down his pales.' Obfer. Here the recorder interrupted him, and faid, I thank you, fir, that you will tell me what the law is.' (Scornfully pulling off his hat.) Mead. Thou mayeft put on thy hat; I have never a fee for thee now. Brown. He talks at random; one while an Independent, another while fome other religion, and now a Quaker, and next a Papift. Mead. Turpe eft doctori cum culpa redarguit ipfum. Mayor. You deferve to have your tongue cut out. Rec. If you discourse in this manner, I fhall take occafion against you. Mead. Thou didst promise me I should have fair liberty to be heard. Why may I not have the privilege of an Englishman? I am an Englishman; and you might be ashamed of this dealing. Rec. I look upon you to be an enemy to the laws of England, which ought to be obferved and kept; nor are you worthy of fuch privileges as others have. Mead. The Lord is judge between me and thee in this matter. Obfer. Upon which they took him away into the bale-dock, and the recorder proceeded to give the jury their charge, as followeth. Rec. |