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Jaines Edwards. Sheriff's.

Young Penn completed his education and arbitrary, government, on the other, at Christ Church, and, as he then gove Mr. Penn pursued that career witch he eo early presage of bis future talents, a considered to be pointed out by a sense fond father, doubtless, formed bigh ex- of duty. Notwithstanding a body of pectations of the fortunes of so accome soldiers had taken possession of the plished a son. But those hopes were meeting-house in “Gracious-street," apparently blasted by a most extraor. August 15, 1670, be preached in the diuary event, for our Oxonian suddenly immediate vicinity as before. On this, became a convert to the doctrines of the she was apprehended, committed by the quakers, a new and an obscure sect; -lord-mayor, and tried for the same, along Suspected by the royalists, and odious to witht William Mead, at the Old Bailey, the reigning monarch. So recently had on the first, third, fourth, and fifth, of their peculiar doctrines sprung up, that September following. On this occasion, George Fox, the founder, was still alive; the bench consisted of and William Loe, one of his most zea Samuel Starling, Lord Mayor. Jous disciples, who had inlisted the sube . John Howel, Recorder, : , ject of this memoir under his banners, Thomas Bludworth, in unitation of his master, was about to William Peak, il travel into foreign countries, for the sole Richard Ford,.. purpose of propagating the laith abroad. .

Sir John Robinson. ŞAldermee. The enraged parent remonstrated in

Joseph Shelden, tam; bis threats to discard, and even to ,

Richard Brown, J

Jobn Smith, 1 Sheriffs. disinherit, his only son, were of no avail; for filial obedience was not proof against . It is important here, thint the names a eall of the spirit, and the sacrifice of of the jury should be also recorded, not a father's love, and a father's wealth,

"; only as a mark of respect to them, but appeared, in the heyday of life, and

also as an example to their fellow.sub

a camidst the fervour ot enthusiasm, to be

ejects, viz. only a step towards that martyrdom of .

1. Thomas Veer. which he then seerned to be ambitious. 1. 11.2. Edward Bushel. The admiral, however, never forsvok ;>

3John Hammond. . chim-entirely; and it was through his in- 1

4. Charles Milson. Itercession that the young man was re

- S. Gregory Walklet. lieved from prison at Cork, after having

6. John Brightman. been committed for preaching there. .

7. William Plumsted. - Notwithstanding this incident, which

8. Henry Henley: might have alsated the fervours of one o

9. James Damask.

10. Henry Michel. less replete:with zeal, we find our young

11. William Lever. quaker on bis return to London, em

12. John Baily. ployed in writing and publishing a book,

my. The indictment purported, " that Wi

the for the express purpose of shewing the liam Penn, and William Mead, the lat. benefits to be derived from suffering; cand this very book, intitled “No Cross,

Fing; ter. late of London, linen-draper, with

ss, divers persons to 'the jurors unknown, sno Crown," was the cause of his suffer

or to the number of three hundred, did uning anew, as it occasioned his commit.

Jawfully assemble, and congregate them. tal to the Tower.

. selves with force of arms, &c. to the On his release, he persisted in his

is disturbance of the peace of our lord the focper course of life, and preached fre

- king: and that William Pem), by agreequently in public; but, notwithstandinig men

8.ment between him and William Mead, this, the admiral at length became reconciled to, and bequeathed him, fuis

es did take upon himself to preach and

speak, in contempt of the said lord the whole property, which was pretty considerable. That very year in which the @latter died, was rendered meinorable by * Gracechurch-street.

the bold, manly, and patriotic, conduct On enquiry it has been discovered that of a son, who, notwithstanding the sin- Mr. Mcad had been originally a tradesman in 7 gularity and seerning: quaintness of his London, but, during the civil wars, he, like

religious opinions. would have conferred many others, obtained a commission in the honour 'on the noblest family in the

u army, and was known by the appellation of kingdóm. Persisting in his original in. 'he took, the same side as William Penn's

ne Captain Mead. It is not at all improbable, thuc tentions, and neither swayed by worldly father; and, indeed, his conduct on this occa. interests on one hand, nor alarmed by ision displays somewhat of the republican in. the fear of a very jealous, capricious, trepidity of those days.

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kiog, and of his law, to the great dis. he “saw Captain Meait speaking to turbapee of his peace, &c.". . . Lieutenant Cook, yet what he said he

Having pleaded “ Not guilty," the could not tell.". The third witness was court adiourned until the afternoon, and equally incompetent to prove any thing the prisoners, being again brought to the against Mr. Penn; and as “ for Captain bar, were there detained during five Mead," said he, “I did not see him hours, while house-breakers, murderers, there." &c were tried. On the 3d of Septem- Mr. Recorder Howel. “What say ber, the sane ceremony took place as, you, Mr. Mead, were you there?" ! before, with only this difference, that IFilliam Msad. “It is a maxim of on one of the officers pulling off the hats, your own law: nemo tenetur accusare of the two prisoners, the lord mayor ex. seipsum ; which, if it be not true Latin, claimed : « Sirrah, who bid you put off. I am sure it is true English, that no their hats? put on their hais again !" .man is bound to accuse himself and

Recorder to the prisoners. “Do you why dost thou offer to ensnare me with know where you are? Do you know it such a question? Doth not this show is the king's court?"

thy malice? Is this like anto a Judge, Penn. I know it to be a court, and that ought to be counsel for the prisoner I suppose it to be the King's court.".. ; at the bar?"

Recorder. "Do you not know there Recorder. « Sir, hold your tongue; is respect due to the court? And why I did not go about to ensnare you." do you not pull off your hat?”

Penn. “We confess ourselves to be Penn. Because I do not believe so far from recanting, or declining to that to be any respect."

vindicate the assembling of ourselves to Recorder. ' "Well, the court sets preach, pray, or worship, the eternal, forty marks a-piece upon your heads, as holy, just, God; that we declare to all

fine for your contempt of the court." the world, that we do believe it to be

Penn. «I desire it may be observed, our indispensable duty to meet inces : that we came into the court with our santly upon so good an account; nor · hats off (that is, taken off); and if they shall all the powers upon earth be able base been put on since, it was by.order to divert us from reverencing and adora: of the bench; and therefore aut we, but , ing our God who made us." ". " the bench should be fined.". ..

Alderman Brown. “ You are not After this, the jury were again sworn, here for worshipping God, but for breaks on which, Sir J. Robinson, lieutenant of ing the law ; you do yourselves great the Tower, objected against Edward wrong in goicg on in that discourse.". Bashel, as he had not kissed the book, Penn. "I affirm I have broken no and therefore would have him sworn law, nor am I guilty of the indictment again, “ though indeed, it was on pur, that is laid to my charge; and to the pose to have made use of his tenderness end the bench, the jury, and niyself, of conscience in avoiding reiterated with these that hear as, may have a more oaths to have put hun by his being a direct understanding, I desire you would juryman, apprehending him to be a per: let me know by what law it is you proson not fit to answer their arbitrary secute me, and upon what law you ground ends."

my indictment?". Jarpes Cook, the first witness, being Recorder. « Upon the common called, swore that he saw Mr. Penn law." speaking to the people in Gracechurch! Penn.. " Where is that conuinos street, but could not hear what he said, law?" on acconnt of the noise. Richard Read Recorder. “ You must not think that deposed exactly in the same manner : I am able to run up so many years, and and to the same effect; but added, that ever sorinany adjudged cases, which we ::

- call common law, to answer your curio: • See a scarce and valuable tract, printed osity."

, . for William Butler, 1682, and entitled, “The

Penn. “ This answer, I am gure, is People's entient and just Liberties asserted, in

very short of my question; for, if it be the Trial of William Penn and William Mead,

cominon, it should not be so bard to prok at the Sessions held at the Old Bailey, &c.

duce," against the most arbitrary procedure of that

Recorder.. “Sir, will you plead-to court." • Woe unto them that decree unright. eous decttes, and write gri: vousnese; which your indicorrent!" . they had prescribed to turn away the needy Penn. “Shall I plead to an indice fron-judge.nent, and take away,' &Isai, *. ment that hath no fouadation in law?

If it contain that law you say I have

broken,

1.

broken, why should you decline to pro- Lord Mayor. « Take him away, take duce that law, since it will be impossible hiin away; turn him into the Baile for the jury to determine, or agree to Dock." bring in their verdict, who have not the Penn. " These are but so many vain law produced by which they should exclamations: Is this justice or true measure the truth of this indictment, and judgment? Must I therefore be taken the guilt, or contrary, of my fact?" away, because I plead for the funda.

Recorder. “ You are a saucy fellow; mental laws of England? However, this speak to the indictment.” (At this I leave upon your consciences who are time several upon the bench urged hard of the jury (and my sole judges) that if upon the prisoner to bear him down.) these ancient fundamental laws, which

Penn. " I say it is my place tu speak relate to liberty and property, and are to matter of law; I am arraigned a pria not limited to particular persuasions in spner; my liberty, which is next to life religion, must not be indispensably mainitself, is now concerned; you are many tained and observed, who can say be mouths and ears against me, and if I hath a right to the coat upon his back?" must not be allowed to make the best Recorder. “ Be silent' there." of my case, it is hard : I say again, unless Penn. “ I am not to be silent in a you shew me, and the people, the law case wherein I am so inuch concerned, you ground your indictment upon, I and not only myself, but many ten thoua shall take it for granted, your proceed sand families besides.” ngs are merely arbitrary."

They now dragged him into the Bailo Recorder. ". The question is, Whe. Dock; but William Mead, being still left ther you are guilty of this indictment?" in court, spoke as follows: " You men of

Penn. « The question is not whether the jury, here I do now stand to answer I am guilty of this indictment, but whe to an indictment against me, which is a ther this indictment be legal?. It is too bundle of stuff, full of lyes and false. general and imperfect an answer, to say hoods: for therein am I aocused, that I it is the common law, unless we knew met vi et armis, illicite et tumultuose. buth where and what it is; for where Time was when I had freedom to use a there is no law, there is no transgression ; carnal weapon, and then I thought I and that law which is not in being, is so feared no man; but now I fear the living far from being common, that it is no law God, and dare not make use thereof, nor at all?".

hurt any man. You men of the jury, Recorder. “ You are an impertinent who are my judges, if the recorder will fellow; will you teach the court what not tell you what makes a riot, a rout, law is? It is Lex non scripta, that or an unlawful assembly, Cook (Coke,) which many have studied thirty or forty he that once they called the lord Cook years to know, and would you have me (Coke,) tells us, that a riot is, when theo to tell you in a moment?"

or more are met togetber to beat a man, · Penn. “Certaivly, if the common or to enter forcibly into another man's Jaw be so hard to be understood, it is far land, to cut down his grass, his wood, or from being common; but if the lord break down his pales." Coke, in his Institutes, he of any con- Recorder. “I thank you, Sir, that sideration, he tells us, that common law you will cell me what the law is," (scorn. is corninon right, and that common right fully pulling off his hot.) is the great charter of privileges confirmed Mead. “Thou mayest put on thy 9 Henry 3, 29, 25. Edward I; 1 and 2; hat, I have never a fee for thee now." Edward III, 8. Coke Instit. 2 p. 56. Alderinan Brown. “ He tolks at I design no affront to the court, but to random; one while an independent, anobe heard in my just plea; and I must ther while some other religion; and now plainly tell you, that if you will deny me a quaker, and next a papist." Dyer of the law, wbich you say I hare Mead. “ Turpe esc doctori cum culpa broken, you do at once deny ine an ac. redarguit ad ipsum." knowledged, right, and evidence to the Lord Muyor. “You deserve to have whole world your resolution to sacrifice your tongue cut out.' the privileges of Englishnuen to your Recorder. “ If you discourse in this sinister and arbitrary designs."

manner, I shall take occasion against Recorder. “Take him away: my you." Jord, if you inke not some course anh Mr. Mead having been now also this pestilent fellow to stop his mouth, thrust into the Baile Dock, the following we shall not be able to do any wing to charge was given to the jury, in the abe

scuce of the prisoners.

Recorder.

speaks."

Recorder. “ You have heard what cause you think there is some service for the indictment is: it is for preaching to you; I tell you, that you deserve to be the people, and drawing a tumultuous indicted more than any man that hath company after them; and Mr. Peon was been brought to the bar this day." speaking. If they should not be dis- Mr. Bushel. “No, Sir John, there turbed, you see they will go on; there were three-score before me; and I would are three or four witnesses that have willingly have got off, but could not." proved this, that he did preach there, Alderman Bludworth. “ Mr. Bushel, and that Mr. Mead did allow of it; after we know what you are." this, you have heard by substantial wit- Lord Mayor. “ Sirrah, you are an nesses what is said against them, Now impudent fellow; I will put a mark upon we are upon the matter of fact, which you!" you are to keep to and observe, what The jury being then sent back to conhas been fully sworn, at your peril." sider their verdict, remained for some

Penn. (With a loud voice, from the time; and, on their return, the clerk Baile Dock.) “I appeal to the jury, who having asked, in the usual manner, “ Is are my judges, and this great assembly, William Penn guilty of the matter where. whether the proceedings of the court are in he stands indicted, or not guilty ?” not most arbitrary, and void of all law, the foreman replied, “Guilty of speakin otiering to give the jury their charge ing in Gracious (uerhaps Grace-church,) in the absence of the prisoners. I say, street." it is directly opposite to, and destructive Court. “Is that all?" of, the andqubted right of every English Foreman. “ That is all I have in prisoner, as Cook (Coke) in the ad commission." Inst. 29, on the chap. of Magna Charta Recorder, “ You had as good say

nothing." . Recorder. “Why ye are present; you Lord Mayor. " Was it not an ondo hear, do you notu

lawful assembly? You mean he was Penn. No thanks to the court that speaking to a tumult of people there?" commanded me into the Baile Dock; and Foreman. “ My lord, ibis, was all I you of the jury lake notice, that I have had in coinmission." not been heard; neither can you legally Here some of the jury, seeming " to depart the court before I have been buckle to the questions of the court," fully heard, having at least ten or twelve Mr. Bushel, Mr. Hamond, and some material points to offer, in order to in others, opposed themselves, and said, valid their appointment..

:,“they allowed of no such terms as an Recorder. "Pull the fellow down; unlawful assembly: at which, the Lordpull him down."

mayor, the Recorder, Sir J. Robinson, Mead. « Are these proceedings ac- lieutenant of the Tower, and alderinan cording to the rights and privileges of Bludworth, “took great occasion,". Englishmen, that we should not be says our authority, “to vilifie them with heard?”

.. niost opprobrious langunge;" and this Recorder. « Take them away into verdict, not serving their turn, the the hole."

· Recorder expressed himself thus: “ The The jury were now desired to go up law of England will not allow you to stairs, in order to agree upon a ver- part till you have given in your verdict; and the prisoners remained in the dict, therefore go and consider it once “ stinking hole.” After an hour and a more." half's time, eight came down agreed,. On this the jury declared, that they but four remained above, until sent for. had given in their verdict, and could The bench used many threats to the four give in no other. They withdrew, howe that dissented; and the Recorder, addres- ever, after demanding and obtaining sing himself to Mr. Bushel, said, “ Sir, pen, ink, and paper; and, returning once you are the cause of this disturbance, more, at the expiration of half an hour, and manifestly shew yourself an abettor the foreman addressed himself to the of faction; I shall set a mark upon you, clerk of the peace, and, presenting the

í following decision, said, Here is our verAlderman Sir J. Robinson, lieutenant dict: “We the jurors, hereafter nained, of the Tower. “Mr. Bushel, I have do find William Penn to be guilty of known you near this fourteen years; you speaking or preaching to an assembly, have thrust yourself upon this jury, be met together in Gracious-street, the 14th MONTHLY MAG, No, 210,

August

Sir."

of August last, 1670; and that William position, and desired to be dismissed, the Mead is not guilty of the said indict. Lord-mayor said, “ You are as strong as ment,

any of them; starve them, and hold your Foreman. Thomas Veer.

principles.” . Edward Bushel," &c.

Recorder. “ Gentlemen, you must be

- contented with your hard fate, let your Lord Mavor. “ What! will you be patience overcome it; for the court is reled by such a silly fellow as Bushel? An solved to have a verdict, and that before impudent canting fellow; I warrant you, you can be dismissed.” you shall come no more upon juries in Jury. “We are agreed !" Taste: you are a foreman, indeed! I " The court now swore several of its thought you had understood your place officers to keep the jury all night, without better."

meat, drink, fire, &c. and adjourned to Recorder. “Gentlemen, you shall seven o'clock next morning, which not be dismissed till we have a verdict proved to be Sunday. They were then that the court will accept, and you shall brought up as before, when, having per. be locked up without meat, drink, fire, severed in their verdict, Mr. Bushel was and tobacco; you shall not think thus to reproved as a factious fellow, by the abuse the court; we will have a verdict lord-inayor; on this he replied, that he by the help of God, or you shall starve acted is conscientiously." The other for it."

observed, tbat such a conscience would · Penn. My jury, who are my judges, cut his throat; “ but I will cut your's," ought not to be thus menaced; their ver- added he, “ so soon as I can." dict should be free, and not compelled; “ Mr. Penn now asked the Recorder, the bench ought to wait upon (for) them, if he allowed the verdict given in respect but not forestal them. I do desire that to William Mead? That magistrate re. justice may be done me, and that the plied, No; as they were both indicted for 'arbitrary resolves of the bench may not a conspiracy, and one being found “ Not be made the measure of my jury's ver- guilty," and not the other, it could not

be a verdict. Recorder. “Stop that prating fellow, « Penn. "If Not guilty be not a ver, or put him out of the court."

dict, then you make of the jury, and Lord Mayor. “You have heard that Magna Charta, but a mere nose of war! he preached, that he gathered a com- I aibrni, that the consent of a jury is a pany of tumultuous people, and that they verdict in law; and if William Mead be not only did disobey the martial power, not guilty, I am clear, as I could not posbut the civil also."

sibly conspire alone." Penn. “It is a great mistake; we « The jury again received a charge; did not make the tumult, but they that were sent out; returned, and presented interrupted us! The jury cannot be so the same verdict. On this, the Recorder ignorant as to think that we met there threatened Mr. Bushel, and said, “ While with a design to disturb the civil peace, he had any thing to do in the city, he since, first, we were by force of arins would have an eye upon bim?" The kept out of our lawful house, and met as lord-mayor termed him a pitiful fellow, near it in the street as their soldiers and added, “I will cut his nose." would give us leave; and secondly, be- Penn. “It is intolerable that my jory cause it was no new thing, and it is should be thus menaced: Is this according Inown that we are a peaceable people, to the fundamental laws? Are not they and cannot offer violence to any man, my proper judges by the Great Charter The agreement of twelve inen is a ver- of England? What hope is there of ever dict in law; and such a one being given having justice done, when juries are by the jury, I require the clerk of the threatened, and their verdicts rejected? peace to record it, as he will answer at I am concerned to speak, and grievous tQ his peril. And if the jury bring in ano see such arbitrary proceedings. Did not ther verdict, contradictory to this, I the lieutenant of the Tower render affirm they are perjured men in law." (treat) one of them (the jury) worse Then, looking towards them, he empha. than a felon? And do you not plainly tically added, “You are Englishmen! seem to condemn such for factious felmind your privilege, give not away your lows who answer not your ends? Un

happy are those juries who are threat**One of the jury having pleaded indis- eued to be fined, and starved, and ruin.

dict."

right!

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