to lie in. Howell commanded the jury to agree in their verdict according to the facts. They retired; the court remained sitting; the vast concourse of people keeping an eager eye on the door which led into the jury-room. An hour and a half had passed before the door opened, and eight of the twelve jurors walked into court. They could not agree, they said; the other four stood out against the court. Howell commanded the uncomplying four to be brought into his presence; they came. Bushel was one of them; in fact, the leader of the four. Robinson: 'I know you. You have thrust yourself upon this jury.'

Bushel: 'No, Sir John. There were threescore before me on the panel, and I would willingly have got off, but could not.'

Robinson: 'I tell you, you deserve to be indicted more than any man that has been indicted this day.'

Starling: 'Sirrah, you are an impertinent fellow! I will put a mark on you.'

Sent back to their room the twelve jurors were absent longer than before; at length they came into court, when Penn and Mead being sent for, silence was commanded.

Clerk: Are you agreed in your verdict?'
Vere the Foreman: 'Yes.'

Clerk: How say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form, or not guilty?'

Vere: Guilty of speaking in Gracechurch Street.'
Court: 'Is that all?'

Vere: That is all I have in commission.'
Howell: 'You had as good say nothing?'

Starling: 'Was it not an unlawful assembly? You mean he was speaking to a tumult of people there?'

Vere explained that on those points the jurors were not agreed. The court began to converse with each juryman apart, and some of these jurymen expressed themselves in favour of the views taken by the bench: but Edward Bushel, John Hammond, and two or three others, declared that they could admit no such term into their verdict as unlawful assembly.'

6

Howell: 'The law of England will not allow you to depart till you have given in your verdict.' Vere: 'We have given in our verdict; we can give in no other.'

Howell: Gentlemen, you have not given in your verdict; you had as good say nothing as what you have said. Therefore go and consider it once more.'

The jurors asked for pen, ink, and paper, and the court adjourned for half an hour. When the jury returned they handed in a written verdict, -again finding William Penn guilty of speaking to an assembly met together in Gracechurch Street, -and acquitting William Mead. This act was signed by all the twelve. On hearing it read aloud, Sir Samuel Starling shouted at the whole jury, 'What, will you be led by such a silly fellow as Bushel-an impudent, canting knave! I warrant you, you shall not come upon juries again in a hurry.' And then turning on Thomas Vere, the foreman, he exclaimed, 'You are a foreman indeed! I thought you understood your place better.' Howell came directly to the point.

Howell: 'Gentlemen, you shall not be dismissed till you bring in a verdict which the court will accept. 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 starve for it.'

Penn: 'My jury, who are my judges, ought not to be thus menaced. Their verdict should be free-not forced.'

Howell: 'Stop that fellow's mouth, put him out of court.'

Starling (to the jury): 'You have heard that he preached; that he gathered a company of tumultuous people; and that they not only disobey the martial power, but the civil also.'

Penn: 'That is a mistake. We did not make the tumult, but they that interrupted us. The jury cannot be so ignorant as to think we met there to disturb the peace, because it is well known that we are a peaceable people, never offering violence to any man, and were kept by force of arms out of our own house.'

One of the jury pleaded illness, as a reason why he should not be locked up without fire, food, or water.

Starling: 'You are strong as any of them. Hold your principles and-starve.'

Howell: 'Gentlemen, you must be content with your hard fate; let your patience overcome it. The court is resolved to have a verdict.'

The whole Jury: 'We are agreed; we are agreed; we are agreed.'

'Let the constables be sworn,' said Howell, 'to keep them in a room apart, with neither meat nor drink, with neither fire nor light.' The constables were sworn, and the unhappy jurors dragged away.

CHAPTER XIII.

TRIAL OF THE JURY (1670).

Next day was Sunday, but the court assembled at the Old Bailey as on other days. At seven o'clock the jurors' names were called, and each man answering to his name, the clerk inquired,— Clerk: Are you agreed upon your verdict?' Vere: 'Yes.'

Clerk: 'What say you? Look upon the prisoner at the bar. Is William Penn guilty of the matter whereof he stands indicted, in manner and form as aforesaid, or not guilty?'

Vere: 'William Penn is guilty of speaking in Gracechurch Street.'

Starling: 'To an unlawful assembly?'

Bushel: 'No, my lord. We give no other verdict than we gave last night.'

Starling: 'You. are a factious fellow; I'll take a course with you.'

Bludworth: 'I knew Mr. Bushel would not

yield.'

Bushel: 'Sir Thomas, I have done according to my conscience.'

Starling: "That conscience of yours would cut my throat.'

Bushel: 'No, my lord, it never shall.'

Starling: 'But I will cut yours as soon as I can.'

Howell (merry): He has inspired the jury; he has the spirit of divination; methinks he begins

to affect me,-I will have a positive verdict, or else you shall starve.'

Penn: 'I desire to ask the Recorder a question. Do you allow the verdict given of William Mead?" Howell: 'It cannot be a verdict, because you are indicted for conspiracy-and one being found Not guilty and not the other, it is no verdict.'

Penn: 'If Not guilty be no verdict, then you make of the jury and of the Great Charter a mere nose of wax.'

Mead: 'How! Is Not guilty no verdict?'
Howell: 'No, it is no verdict.'

Penn: 'I affirm that the consent of a jury is a verdict in law; and if William Mead be not guilty, it follows that I am clear, since you have indicted us for conspiracy, and I could not possibly conspire alone.'

Howell found it convenient not to notice this way of viewing the case. A scene of great confusion followed, with threats on the part of the magistrates, met by unflinching firmness from the jurors. Again the twelve good men were sent to their room; again they returned with the same verdict of Guilty of speaking in Gracechurch Street.' It was clear they could do no more according to the evidence laid before them. When Vere announced the result of their third examination, the legal conductor of the trial roared :

Howell: 'What is this to the purpose? I say, I will have a verdict.' And then scowling fiercely at Bushel, cried, 'You are a factious fellow. I will set a mark on you; and whilst I have any thing to do with the city, I will have an eye upon you.'

Starling (to the other jurors): Have you no more wit than to be led by such a pitiful fellow? I will cut his nose.'