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to the court. Silence was called for, and the
jury called by their names.
Cle. Look upon the prisoners 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.
Mayor. Was it not an unlawful assembly? You mean he was speaking to a tumult of people there?
Foreman. My lord, this was all I had in commission. Obfer. Here some of the jury seemed to buckle to
the questions of the court; upon which Bushel, Hammond, and some others, opposed themselves, and said, “They allowed of no such word, as an
unlawful assembly, in their verdict. At which the recorder, mayor, Robinson, and Bludworth, took great occasion to vilify them with most opprobrious language; and this verdict not ferving their turns, the recorder expressed himself
thus : Rec. The law of England will not allow you to depart, till you have given in your verdict.
Fury. We have given in our verdict, and we can give in no other.
Rec. Gentlemen, you have not given in your vera dict, and you had as good say nothing. Therefore go and consider it once more, that we may make an end of this troublesome business.
Jury. We desire 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 prisoners were brought to the bar, and the jurors names called over. Cle. Are you agreed of your verdict ? Jury. Yes. . Cle. Who shall speak for you? Jury. Our foreman.
Cle. What say you ? Look upon the prisoners : 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) :
W E the jurors, hereafter named, do find William
VV Penn to be guilty of speaking or preaching to an assembly, met together in Gracious-street, the 14th of August last 1670; and that William Mead is not guilty of the said indictment.
Foreman, Thomas Veer, Charles Milson,
Edward Bushel, Gregory Walklet,
Obfer. This both mayor and recorder resented at
so high a rate, that they exceeded the bounds of
all reason and civility. · Mayor. What! will you be led by such a silly fellow as Bushel ! an impudent canting fellow? I warrant you, you shall coine no more upon juries in halte: you are a foreman indeed! (addressing himself to the foreman) I thought you had understood your place better.
Rec. Gentlemen, you shall not be dismissed, till we have a verdict that the court will accept; and you shall be locked up, without meat, drink, fire and tobacco. You shall not think thus to abuse the court; we will have a verdict, by the help of God, or you shall starye sor it.
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 forestall them. I do desire that justice may be done me, and that the arbitrary resolves 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 ihey do not only disobey the martial power, but the civil also.
Penn. It is a great mistake; we did not make the tumult, but they that interrupted us. The jury cannot be so ignorant, as to think that we met there with a design to disturb the civil peace; since, ist, we were by force of arms kept out of our lawful house, and met as near it in the street as the soldiers would give us leave: and, 2dly, because it was no new thing, nor with the circumstances expressed in the indictment, but what was usual and customary 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 prisoners to their jail, and
the jury to their chamber, Penn spake as follows: Penn. The agreement of twelve men is a verdict in law; and such 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, said] - You are Englishmen; mind your privilege, • give not away your right.'
Busel. Nor will we ever do it.
body, and therefore desired to be dismissed. Mayor. You are as strong as any of them. Starve then, and hold your principles.
Rec. Gentlemen, you must be content with your hard fate; let your patience overcome it; for the court is resolved to have a verdict, and that before you can be dismissed.
Jury. We are agreed, we are agreed, we are agreed. · Obfer. The court swore several persons to keep the
jury all night, without meat, drink, fire, or any other accommodation. They had not so much as
a chamber-pot, though desired. Cry. Oyes, &c. Obser. The court adjourned till seven of the clock
next morning (being the fourth instant, vulgarly called Sunday); at which time the prisoners were brought to the bar, the court sat, 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 shall speak for you? Jury. Our foreman. Cle. What say you? Look upon the prisoners at the bar: Is William Penn guilty of the matter whereof he stands indicted, in manner and form as aforesaid, or not guilty ? .
Foreman. William Penn is guilty of speaking in Gracious-streer.
Mayor.' To an unlawful assembly?
Busbel. No, my lord, we give no other verdict than what we gave lastnight: 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.
Busel. Sir Thomas, I have done according to my conscience.
Mayor. That conscience of yours would cut my throat.
Bubel. No, my lord, it never shall.
on as I can. Reco
Rec. He has inspired the jury; he has the spirit of divination; methinks I feel him. I will have a pofitive verdict, or you shall starve for it.
Penn. I desire to ask the recorder one question: 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. i
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?
Penn. I affirm, that the consent of a jury is a verdiet in law. And if William Mead be not guilty, it consequently follows, that I am clear; fince you have indicted us of a conspiracy, and I could not possibly conspire alone. Obfer. There were many passages that could not be
taken, which passed between the jury and the court. The jury went up again, having received a fresh charge from the bench, if possible to extort
an unjust verdict. Cry. Oyes, &c.--Silence in the court. Court. Call over the jury.-[Which was done.]
Cle. What say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form aforesaid, or not guilty ?
Foreman. Guilty of fpeaking in Gracious-street.
Rec. What is this to the purpose? I say I will have a verdict. [And speaking to E. Bufhel faid] You are a factious fellow; I will set a mark upon you. And whilft 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 such 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 justice