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REC. It cannot be a Verdict, because you were indicted for a Conspiracy, and one being found Not guilty, and not the other, it could not be a Verdict.
PEN. If Not guilty be not a Verdict, then you make of the Jury and Magna Charta but a meer Nose of Wax.
MEAD. Howl is Not guilty no Verdict?
PEN. I affirm, that the Consent of a Jury is a Verdict in Law; and if William Mead be Not guilty, it consequently follows, that I am clear, since you have indicted us of a Conspiracy, and I could not possibly conspire alone.
OBSER. There were many Passages, that could not be taken, which past 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. O Yes, &c. Silence in the Court.
COUR. Call over the Jury. Which was done.
CLER. What say you? Is William Penn Guilty of the Matter whereof he stands indicted, in Manner and Form aforesaid, or Not Guilty?
FORE-MAN. Guilty of speaking in Gracechurch-Street,
Rec. What is this to the Purpose? I say,
I will have a Verdict. And speaking to Edw. Bushel, said, You are a factious Fellow; I will set a Mark upon you; and whilst I have anything to do in the City, I will have an eye upon you.
MAY. Have you no more Wit than to be led by such a pitiful Fellow? I will cut his Nose.
PEN. It is intolerable that my Jury should be thus menaced : Is this according to the Fundamental Laws? Are not they my proper Judges by the great Charter of England? What hope is there of ever having Justice done, when Juries are threatened, and their Verdicts rejected? I am concerned to speak and grieved to see such Arbitrary Proceedings. Did not the Lieutenant of the Tower render one of them worse than a Felon? And do you not plainly seem to condemn such for factious Fellows, who answer not your Ends? Unhappy are those Juries, who are threatened to be fined, and starved, and ruined, if they give not in Verdicts contrary to their Consciences.
REC. My Lord, you must take a Course with that same Fellow.
MAY. Stop his Mouth; Jaylor, bring Fetters, and stake him to the Ground.
PEN. Do your Pleasure, I matter not
REC. Till now I never understood the Reason of the Policy and Prudence of the Spaniards, in suffering the Inquisition among them: And certainly it will never be well with us, till something like unto the Spanish Inquisition be in England.
OBSER. The Jury being required to go together to find another Verdict, and steadfastly refusing it (saying they could give no other Verdict than what was already given) the Recorder in great Passion was running off the Bench, with these Words in his Mouth, I protest I will sit here no longer to hear these Things; at which the Mayor calling, Stay, stay, he returned, and directed himself unto the Jury, and spoke as followeth:
REC. Gentlemen, we shall not be at this trade always with you; you will find the next Sessions of Parliament there will be a Law made, that those that will not conform shall not have the Protection of the Law.
Mr. Lee, draw up another Verdict, that they may bring it in special.
LEE. I cannot tell how to do it.
JUR. We ought not to be return'd, having all agreed, and set our Hands to the Verdict.
REC. Your Verdict is nothing, you play upon the Court; I say you shall go together, and bring in another Verdict, or you shall starve; and I will have you charted about the City, as in Edward the Third's time.
FORE-M. We have given in our Verdict, and all agreed to it; and if we give in another, it will be a Force upon us to save our Lives.
MAY. Take them up.
OBSER. The Mayor spoke to the Sheriff, and he came off of his seat, and said.
SHER. Come, Gentlemen, you must go up; you see I am commanded to make you go.
OBSER. Upon which the Jury went up; and several sworn to keep them without any Accommodation, as aforesaid, till they brought in their Verdict. CRY. O yes, &c. The Court adjourns
till to Morrow Morning, at seven of the Clock.
OBSER. The Prisoners were remanded to Newgate, where they remained till next Morning, and then were brought unto the Court, which being sat, they proceeded as followeth.
Cry. O yes, & C. Silence in the Court, upon pain of Imprisonment.
CLER. Set William Penn and William Mead to the Bar. Gentlemen of the Jury, answer to your Names: Tho, Veer, Edw. Bushel, John Hammond, Henry Henly, Henry Michell, John Brightman, Charles Milson, Gregory Walklet, John Baily, William Leaver, James Damask, William Plumstead. Are you all agreed of your Verdict?
CLER. Look upon the Prisoners. What say you? Is William Penn Guilty of the Matter whereof he stands indicted, in Manner and Form, &c., or Not Guilty?
FORE-MAN. Here is our Verdict in Writing, and our Hands subscribed. OBSER. The Clerk took the paper, but