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In this year 1670, came forth the conventicle-act, prohibiting diffenters meetings, under fevere penalties: the edge of this new weapon was prefently turned upon the Quakers, who, not accuftomed to flinch in the cause of religion, ftood moft expofed. Being forcibly kept out of their meeting-houfe in Gracechurchstreet, they met as near it in the street as they could, and William Penn there preaching, was apprehended. and by warrant from Sir Samuel Starling, then lord mayor of London, dated August 14th, 1670, committed to Newgate, and at the next feffions at the Old-Bailey, was, (together with William Mead) indicted for being prefent at, and preaching to, an unlawful, feditious, and riotous affembly. At his trial he made a brave defence, difcovering at once both the free spirit of an Englishman, and the undaunted magnanimity of a Chriftian, infomuch that notwithstanding the moft partial frowns and menaces of the bench, the jury acquitted him. The trial itfelf, with a preface and appendix thereunto, as it was foon after published, are inferted in this collection.

Not long after this trial, and his discharge from Newgate, his father died, perfectly reconciled to his fon, and left him both his paternal bleffing, and a plentiful eftate. His death-bed expreffions, being very instructive and pathetick, deserve a double reading. He was buried in Radcliffe fteeple-house in the city of Bristol; and over, or near, his fepulchre, is erected a fair monument, with the following infcription:

"To the just memory of Sir William Penn, knight, "and fometimes General; born at Bristol, anno

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1621, fon of captain Giles Penn, feveral years "conful for the English in the Mediterranean, of "the Penns of Penflodge in the county of Wilts, " and those Penns of Penn in the county of Bucks; "and, by his mother, from the Gilberts in the

See them in a Treatife intituled, "No Crofs, No Crown," inferted in this Collection. B 3

<< county

county of Somerset, originally from Yorkshire; "addicted from his youth to maritime affairs: he "was made captain at the years of twenty-one, rear"admiral of Ireland at twenty-three, vice-admi"ral of Ireland at twenty-five, admiral to the "ftreights at twenty-nine, vice-admiral of Eng"land at thirty-one, and general in the first Dutch "war at thirty-two whence returning, anno 1655, "he was parliament-man for the town of Wey"mouth: 1660, made commiffioner of the admi"ralty, and navy, governor of the town and fort " of Kingfale, vice-admiral of Munster, and a "member of that provincial council; and anno "1664, was chofen great captain commander under "his royal highnefs, in that fignal and most evi"dently fuccefsful fight against the Dutch fleet. "Thus he took leave of the fea, his old element, "but continued ftill his other employs till 1669; "at that time, through bodily infirmities, con"tracted by the care and fatigue of publick affairs, "he withdrew, prepared, and made for his end; "and, with a gentle and even gale, in much peace "arrived and anchored in his last and best port, at “Wanstead in the county of Effex, the 16th of "September, 1670, being then but forty-nine years and four months old.

"To his name and memory his furviving Lady hath erected this remembrance."

About this time a publick difpute was held at West Wiccomb in Buckinghamshire, between him and one Jeremy Ives, a celebrated Baptift. The subject was,

The univerfality of the divine light," which Ives. had undertaken to difprove, and came furnished with a stock of fyllogifms ready framed for his purpose. It was his place, as opponent, to speak firft; which as foon as he had done (being fenfible that his arguments stood in their greatest force while unanswered) he stepped down from his feat, and, with an intention of breaking up the affembly, departed. Some of his

own

own party followed him; but the generality of the people tarrying, W. Penn had an opportunity of anfwering, which he did to the great fatisfaction of the auditory.

In the ninth month of this year being at Oxford, and obferving the cruel ufage and perfecution his innocent friends underwent there from the hands of the junior scholars, too much by the connivance of their fuperiors, he wrote a letter to the vice-chancellor on that fubject.

This winter having his refidence at Penn in Buckinghamshire, he published a book intituled, "A fea"fonable caveat against Popery," wherein he both exposes and confutes many erroneous doctrines of the church of Rome, and establishes the oppofite truths by found arguments: a work alone fufficient, on the one hand, to wipe off the calumny caft upon him of being a favourer of the Romish religion; and, on the other, to fhew, that his principle being for an univerfal liberty of conscience, he would have had it extended even to the Papifts themselves, under a fecurity of their not perfecuting others. The book itself being a better vindication of its author in these points than any thing we can here fay, is recommended to our reader's ferious perusal.

On the 5th of the 12th month this year, being at a meeting in Wheeler-ftreet, a ferjeant with foldiers came and planted themselves at the door, where they waited till he stood up and preached, and then the ferjeant pulled him down, and led him into the street, where a conftable and his affiftants standing ready to join them, they carried him away to the Tower, by order from the lieutenant, then at White-Hall, to inform him of the fuccefs. After about three hours time, it being evening, he came home, and W. Penn was fent for from the guard, by an officer with a file of mufqueteers. There were feveral in company with Sir John Robinson, the lieutenant of the Tower; namely, Sir Samuel Starling, Sir John Shelden, Lieutenant-colonel Rycraft, and others. Orders being

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given that no perfon fhould be admitted up unconcerned in the bufinefs, they proceeded to his examination, of which we find the following account given by an eye and ear witness; viz.

Sir John Robinfon. What is this person's name? [Note, The Mittimus was already made, and his name put in.]

Conft. Mr. Penn, Sir.

J. R. Is your name Penn?

W. P. Doft thou not know me? Haft thou forgot me?

J. R. I do not know you? I do not defire to know fuch as you are.

W. P. If not, why didft thou fend for me hither? J. R. Is that your name, Sir?

W. P. Yes, yes, my name is Penn; thou knowest it is; I am not afhamed of my name.

J. R. Conftable, where did you find him?

Conft. At Wheeler-ftreet, at a meeting, fpeaking to the people.

J. R. You mean he was fpeaking to an unlawful affembly?

Conft. I do not know indeed, Sir; he was there, and he was speaking.

J. R. Give them their oaths.

W. P. Hold, do not fwear the men; there is no need of it: I freely acknowledge I was at Wheelerstreet, and that I fpake to an affembly of people there.

J. R. and feveral others. He confeffes it.

W. P. I do fo; I am not afhamed of my teftimony. J. R. No matter; give them their oaths.

[Note, They were sworn to answer fuch questions as fhould be afked, upon which they gave the evidence before given by the conftable.]

J. R. Mr. Penn, you know the law better than Į can tell you; and you know these things are contrary

to the law.

W. P. If thou believeft me to be better known in the law than thyfelf, hear me; for I know no law I

have tranfgreffed. All laws are to be confidered ftrictly and literally, or more explanatorily and lenitively. In the first sense, the execution of many laws may be extrema injuria, the greatest wrong: in the latter, wif dom and moderation: I would have thee make that part thy choice.

Now whereas I am probably to be tried by the late act against conventicles, I conceive it doth not reach

me.

J. R. No, Sir, I fhall not proceed upon that law. W. P. What law then? I am fure that was intended for the standard on these occafions.

J. R. The Oxford-act of six months.

W. P. That, of all laws, cannot concern me; for first I was never in orders, neither episcopally nor claffically, and one of them is intended by the preamble. of the act.

J. R. No, no; any that speak in unlawful affemblies, and you spoke in an unlawful affembly.

W.P. Two things are to be confidered. First, that the words, "Such as fpeak in any unlawful af"femblies," alter the cafe much; for fuch is relative of the preamble, and cannot concern perfons in any other qualification, than under fome ordination or mark of priesthood. I am perfuaded thou knowest I am no fuch perfon; I was never ordained, nor have I any particular charge or ftipend, that may intitle me to fuch a function; and therefore I am wholly unconcerned in the word "fuch."

Secondly, An unlawful affembly is too general a word; the act doth not define to us what is meant by an unlawful affembly.

J. R. But other acts do.

W. P. That is not to the purpose; for that may be an unlawful affembly in one act, that may, by circumftances, not be fo adjudged in another; and it is hard that you will not stick to fome one act or law, but, to accomplish your ends, borrow a piece out of one act, to fupply the defects of another, and of a different nature from it.

J. R.

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