nor do I know I demeaned myself Recorder. I have made answer to that already. Mead. [Turning his face to the jury, said] You men of the jury, who are my judges, if the recorder will not tell you what makes a riot, a rout, or an unlawful assembly, Coke, he that once they called the Lord Coke, tells us what makes a riot, a rout, and an unlawful assembly." A riot is when three or more are met together to beat a man, or to enter forcibly into another man's land, to cut down his grass, his wood, or break down his pales." Here the recorder interrupted him, and said, "I thank you, sir, that you will tell me what the law is." (Scornfully pulling off his hat.) Mead. Thou mayest put on thy hat; I have never a fee for thee now. Brown. He talks at random; one while independent, another while some other religion, and now a quaker, and next a papist. Mead. Turpe est doctori cum culpa redarguit ipsum. Mayor. You deserve to have your tongue cut out. Recorder. If you discourse in this manner, I shall take occasion against you. Mead. Thou didst promise me I should have fair liberty to be heard. Why may I not have the privilege of an Englishman? I am an Englishman; and you might be ashamed of this dealing. Recorder. I look upon you to be an enemy to the laws of England, which ought to be observed and kept; nor are you worthy of such privileges as others have. Mead. The Lord is judge between me and thee in this matter. Upon which they took him away into the bale-dock, and the recorder proceeded to give the jury their charge, as followeth. There are three or Recorder. You have heard what the indictment is; it is for preaching to the people, and drawing a tumultuous company after them; and Mr. Penn was speaking. If they should not be disturbed, you see they will go on. four witnesses that have proved this, that he did preach there, that Mr. Mead did allow of it. After this, you have heard by substantial wit nesses what is said against them. Now we are upon the matter of fact, which you are to keep to and observe, as what hath been fully sworn, at your peril. The prisoners were put out of the court, into the baie-dock, and the charge given to the jury in their absence. At which W. P. with a very raised voice, (it being a considerable distance from the bench) spake. Penn. I appeal to the jury, who are my judges, and this great assembly, whether the proceedings of the court are not most arbitrary, and void of all law, in offering to give the jury their charge in the absence of the prisoners. I say, it is directly opposite to, and destructive of, the undoubted right of every Eng lish prisoner, as Coke, in the 2 Inst. 29. on the chapter of Magna Charta, speaks. The recorder being thus unexpectedly lashed for his extrajudicial procedure, said, with an enraged smile. Recorder. Why ye are present, you do hear: do you not? Penn. No thanks to the court, that commanded me into the bale-dock, And you of the jury take notice, that I have not been heard, neither can you legally depart the court, before I have been fully heard; having at least ten or twelve material points to offer, in order to invalidate their indictment. Recorder. Pull that fellow down; pull him down. Mead. Are these according to the rights and privileges of Englishmen, that we should not be heard, but turned into the bale-dock, for making our defence, and the jury to have their charge given them in our absence? I say, these are barbarous and unjust proceedings. Recorder. Take them away into the hole. To hear them talk all night, as they would, that I think doth not become the honour of the court; and I think you (i. e. the jury) your selves would be tired out, and not have patience to hear them. The jury were commanded up to agree on their verdict, the prisoners remained in the stinking hole. After an hour and a half's time, eight came down agreed, but four remain ed above; the court sent an officer for them, and they accordingly came down. The bench used many unworthy threats to the four that dissented; and the recorder, addressing himself to Bushel, said, Sir, you are the cause of this disturbance, and manifestly shew yourself an abettor of faction; I shall set a mark upon you, Sir. J. Robinson. Mr. Bushel, I have known you near these fourteen years; you have thrust yourself upon this jury, because you think there is some service for you. I tell you, you deserve to be indicted more than any man that hath been brought to the bar this day. Bushel. No, Sir John; there were threescore before me; and I would willingly have got off, but could not. BELFAST MAG. NO, XXXVII. Bludworth. I said, when I saw Mr. Bushel, what I see is come to pass : for I knew he would never vield. Mr. Bushel we know what you are. Mayor. Sirrah, you are an im pudent fellow; I will put a mark upon you. They used much menacing language, and behaved themselves very imperiously to the jury, as persons not more void of justice, than sober education. After this barbarous usage, they sent them to consider of bringing in their verdict; and after some considerable time they returned to court. Silence was called for, and the jury called by their names. Clerk. Are you agreed upon your verdict? Jury. Yes. Clerk. Who shall speak for you? Clerk. Look upon the prisoners at the bar; how say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form, or not guilty? Foreman. Guilty of speaking in Gracechurch-street. Court. Is that all? Foreman. That is all I have in com mission Recorder. You had as good say nothing. Mayor. Was it not an unlawful as sembly? You mean he was speaking to a tumult of people there? Foreman. My lord, this was all I had in commission. Here some of the jury seemed to buckle to the questions of the court; upon which Bushel, Hammond, and 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 Blud. worth, took great occasion to vilify them with the most opprobrious language; and this verdict not serving their turns, the recorder expressed himself thus: Recorder. The law of England will not allow you to depart, till you have given in your verdict. Jury. We have given in our verdict, and we can give in no other. Recorder. Gentlemen, you have not given in your verdict, 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. The court adjourned for half an hour; which being expired, the court returned, and the jury not long after. The prisoners were brought to the bar, and the jurors names called over. Clerk. Are you agreed of your verdict? Jury. Yes. Clerk. Who shall speak for you? Clerk. 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): WE the jurors, hereafter named, do find William Penn to be guilty of speaking or preaching to an assembly, met together in Gracechurch street, the 14th of August last, 1670; and that William Mead is not guilty of the said indictment. Thomas Veer, This both mayor and recor der 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 come no more upon juries in haste: you are a foreman indeed! (addressing himself to the foreman) I thought you had understood your place better. Recorder. 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 starve for it. Penn. My jury, who are my judg es, 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 the jury's verdict. Recorder. 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 they 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 dis turb 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 at 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 William Plumstead. known, that we are a peaceable people and cannot offer violence to any man. Charles Milson, : 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.” Bushel. Nor will we ever do it. One of the jurymen pleaded indisposition of body, and therefore desired to be dismissed. Mayor. You are as strong as any of them. Starve then, and hold your principles. Recorder. 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. The court swore several persons to keep the jury all night, without meat, drink, fire, or any other accommodation. The court adjourned till seven of the clock next morning (be ing the fourth instant, 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. The jury's names called over. Clerk. Are you agreed upon your verdict? Jury. Yes. Clerk. 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 Gracechurch-street. Mayor. To an unlawful assembly? Bushel. No, my lord, we give no other verdict than what we gave last night: we have no other verdict to give. Mayor. 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. Mayor. That conscience of yours would cut my throat. Bushel. No, my lord, it never shall. Mayor. But I will cut yours as soon as I can. Recorder. He has inspired the jury; he has the spirit of divina. tion; methinks I feel him. I will have a positive 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 ? Recorder. It cannot be a verdict, because you are indicted for a conspiracy; and one being found not guilty, and not the other, it could not be a verdict. 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? Recorder. 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 consequently follows, that I am clear; since you have indicted us of a conspiracy, and I could not possibly conspire alone. There are many passages that could not be taken, which passed between the jury and the court. The jury went out again, having received a fresh charge from the bench, if possible to extort an unjust verdict. Court. Call over the jury.-[Which was done.] Clerk 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 speaking in Gracechurch-street. Recorder What is this to the purpose? I say I will have a verdict. (And speaking to E. Bushel said). You are a factious fellow; I will set a mark upon you. And whilst 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 should 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 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 gave not in their verdicts contrary to their consciences. Recorder. My lord, you must take a course with that same fellow. Mayor. Stop his mouth. Jailer, bring fetters, and stake him to the ground. Penn. Do your pleasure; I matter not your fetters. Recorder. 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 the Spanish inquisition be in England. be The jury being required to go together, to find another ver dict, and stedfastly 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 spake as followeth: Recorder. Gentlemen, we shall not at this pass 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. Jury. We ought not to be returned; having all agreed, and set our hands to the verdict. Recorder. 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 carted about the city, as in Edward the Third's time. Foreman. 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. |