Rec. You have heard what the indictment is; it is for preaching to the people, and drawing a tumultuous company after them; and Mr. Penn was fpeaking. If they fhould not be disturbed, you fee they will go on. There are three or four witneffes that have proved this, that he did preach there, that Mr. Mead did allow of it. After this, you have heard by substantial witneffes what is faid against them. Now we are upon the matter of fact, which you are to keep to and observe, as what hath been fully fworn, at your peril.

Obfer. The prifoners were put out of the court, into the bale-dock, and the charge given to the jury in their abfence. At which W. P. with a very raised voice, (it being a confiderable diftance from the bench) fpake.

Penn. I appeal to the jury, who are my judges, and this great affembly, whether the proceedings of the court are not moft arbitrary, and void of all law, in offering to give the jury their charge in the absence of the prifoners. I fay, it is directly oppofite to, and deftructive of, the undoubted right of every Englifh prifoner, as Coke, in the 2 Inft. 29. on the chapter of Magna Charta, fpeaks.

Obfer. The recorder being thus unexpectedly lashed for his extrajudicial procedure, faid, with an enraged fmile,

Rec. Why ye are present, you do hear; do you not?

Penn. No thanks to the court, that commanded me into the bale-dock. And you of the jury take notice, that I have not been heard, neither can you legally depart the court, before I have been fully heard; having at least ten or twelve material points to offer, in order to invalidate their indictment.

Rec. Pull that fellow down; pull him down. Mead. Are thefe according to the rights and privileges of Englishmen, that we fhould not be heard, but turned into the bale-dock, for making our defence,

fence, and the jury to have their charge given them in our abfence? I fay, thefe are barbarous and unjust proceedings.

Rec. Take them away into the hole. To hear them talk all night, as they would, that I think doth not become the honour of the court; and I think you (i. e. the jury) yourselves would be tired out, and not have patience to hear them.

Obfer. The jury were commanded up to agree upon their verdict, the prifoners remaining in the ftinking hole. After an hour and a half's time, eight came down agreed, but four remained above; the court fent an officer for them, and they accordingly came down. The bench ufed many unworthy threats to the four that diffented; and the recorder, addreffing himself to Bufhel, faid, Sir, you are the cause of this disturbance, and manifeftly fhew yourself an abettor of faction; I fhall fet a mark upon you, Sir,

7. Robinson. Mr. Bufhel, I have known you near these fourteen years; you have thruft yourself upon this jury, because you think there is fome fervice for you. I tell you, you deserve to be indicted more than any man that hath been brought to the bar this day.

Bufbel. No, Sir John; there were threefcore before me; and I would willingly have got off, but could

not.

Bludw. I faid, when I faw Mr. Bushel, what I fee is come to pass: for I knew he would never yield. Mr. Bufhel, we know what you are.

Mayor. Sirrah, you are an impudent an impudent fellow; Į will put a mark upon you.

Obfer. They used much menacing language, and behaved themselves very imperiously to the jury, as perfons not more void of juftice, than fober education. After this barbarous ufage, they sent them to confider of bringing in their verdict; and after some confiderable time they returned

to

to the court. Silence was called for, and the
jury called by their names.

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

Cle. Who fhall speak for you?

Jury. Our foreman.

Cle. Look upon the prifoners at the bar: how fay you? Is William Penn guilty of the matter whereof he stands indicted in manner and form, or not guilty? Foreman. Guilty of speaking in Gracious-street. Court. Is that all?

Foreman. That is all I have in commiffion.
Rec. You had as good fay nothing.

Mayor. Was it not an unlawful affembly? You mean he was speaking to a tumult of people there? Foreman. My lord, this was all I had in commiffion.

Obfer. Here fome of the jury feemed to buckle to the queftions of the court; upon which Bufhel, Hammond, and fome others, opposed themselves, and faid, They allowed of no fuch word, as an • unlawful affembly, in their verdict.' At which the recorder, mayor, Robinson, and Bludworth, took great occafion to vilify them with most opprobrious language; and this verdict not ferving their turns, the recorder expreffed himself

thus:

Rec. The law of England will not allow you to depart, till you have given in your verdict.

Jury. We have given in our verdict, and we can give in no other.

Rec. Gentlemen, you have not given in your verdict, and you had as good fay nothing. Therefore go and confider it once more, that we may make an end of this troublesome business.

Jury. We defire we may have pen, ink, and paper. Obfer. The court adjourns for half an hour; which being expired, the court returns, and the jury not long after.

The

The prifoners were brought to the bar, and the jurors names called over.

Cle. Are you agreed of your verdict?

Jury. Yes.

Cle. Who fhall speak for you?

Jury. Our foreman.

Cle. What fay you? Look upon the prifoners: Is William Penn guilty in manner and form, as he stands indicted, or not guilty?

Foreman. Here is our verdict (holding forth a piece of paper to the clerk of the peace, which follows):

WE

E the jurors, hereafter named, do find William Penn to be guilty of fpeaking or preaching to an affembly, met together in Gracious-street, the 14th of Auguft laft 1670; and that William Mead is not guilty of the faid indictment.

Obfer. This both mayor and recorder refented at fo high a rate, that they exceeded the bounds of all reafon and civility.

Mayor. What! will you be led by fuch a filly fellow as Bushel! an impudent canting fellow? I warrant you, you shall come no more upon juries in haste: you are a foreman indeed! (addreffing himself to the foreman) I thought you had understood your place better.

Rec. Gentlemen, you shall not be difmiffed, till we have a verdict that the court will accept; and you fhall be locked up, without meat, drink, fire and tobacco. You fhall not think thus to abuse the court; we will have a verdict, by the help of God, or you shall starve for it.

Penn.

Penn. My jury, who are my judges, ought not to be thus menaced. Their verdict should be free, and not compelled. The bench ought to wait upon them, but not foreftall them. I do defire that justice may be done me, and that the arbitrary refolves of the bench may not be made the measure of my jury's

verdict.

Rec. Stop that prating fellow's mouth, or put him out of the court.

Mayor. You have heard that he preached; that he gathered a company of tumultuous people; and that they do not only disobey the martial power, but the civil alfo.

Penn. It is a great mistake; we did not make the tumult, but they that interrupted us. The jury cannot be fo ignorant, as to think that we met there with a defign to disturb the civil peace; fince, 1ft, we were by force of arms kept out of our lawful house, and met as near it in the street as the foldiers would give us leave: and, 2dly, because it was no new thing, nor with the circumftances expreffed in the indictment, but what was usual and cuftomary with us. It is very well known, that we are a peaceable people, and cannot offer violence to any man.

Obfer. The court being ready to break up, and willing to huddle the prifoners to their jail, and the jury to their chamber, Penn fpake as follows: Penn. The agreement of twelve men is a verdict in law; and fuch a one being given by the jury, 'I require the clerk of the peace to record it, as he will answer it at his peril. And if the jury bring in another verdict contrary to this, I affirm they are, perjured men in law. [And looking upon the jury, faid] You are Englishmen; mind your privilege, give not away your right.'

Bufbel. Nor will we ever do it.

Obfer. One of the jurymen pleaded indifpofition of body, and therefore defired to be difmiffed. Mayor. You are as ftrong as any of them. Starve then, and hold your principles.

Rec.