Upon which the jury went up; and several were sworn to keep them without any accommodation, as aforesaid, till they brought in their verdict. The court adjourned till the next morning, at seven of the clock.

The prisoners were remanded to Newgate, where they remain ed till next morning, and then were brought into the court; which being sat, they proceeded as followeth :

Clerk. Set William Penn and William Mead to the bar. Gentlemen of the jury, are you all agreed to your verdict? Jury. Yes.

Clerk Who shall speak for you?
Jury. Our foreman.

Clerk. 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?

Foreman. You have there read in

with the verdict, commanded that every person should distinctly answer to their names, and give in their verdict; which they unanimously did, in saying, Not guilty, to the great satisfaction of the assembly. Recorder. I am sorry, gentlemen, you have followed your own judgments and opinions, rather than the good and wholesome advice which was given you. God keep my life out of your hands: but for this the court fines you forty marks a man, and imprisonment till paid. [At which Penn stepped up towards the bench, aud said)

Penn. I demand my liberty, being freed by the jury.

Mayor. No! you are in for your

fines.

Penn. Fines! for what?

Mayor. For contempt of the court. Penn. I ask, if it be according to the fundamental laws of England,

hands subscribed.

but

The clerk had the paper, was stopped by the recorder from reading it; and he commanded to ask for a positive verdict.

Foreman. If you will not accept of it, I desire to have it back again. Court. That paper was no verdict; and there shall be no advantage taken against you by it. Clerk. How say you? Is William Penn guilty, &c. or not guilty? Foreman. Not guilty.

Clerk. Then hearken to your verdict. You say that William Penn is not guilty in manner and form, as he stands indicted: you say that William Mead is not guilty in manner and form, as he stands indicted; and so you say all.

Jury. Yes we do so.

The bench being unsatisfied

or amerced, but by the judgment of his peers or jury? Since it expressy contradicts the fourteenth and twenty-ninth chapter of the great charter of England, which says, "No freeman ought to be amerced, but by the oath of good and lawful men of the vicinage."

Recorder. Take him away, take him away, take him out of the court.

Penn. I can never urge the fundamental laws of England, but you cry, Take him away, take him away. But it is no wonder, since the Spanish inquisition hath so great a place in the recorder's heart. God Almighty, who is just, will judge you for all these things.

Both jury and prisoners were now forced into the bale-dock, for nonpayment of their fines, whence they were carried to Newgate. These proceedings of course aroused the

attention of a nation, justly jealous of the government of such a profli gate and arbitrary prince as Charles II. and indignant at the conduct of such a judge as Howel. Sir Thomas Smith, about a century before, had considered the fining, imprisoning, and punishing of juries, to be violent, tyrannical, and contrary to the custom of the realm of England; while the celebrated Sir Matthew Hale, who had been chief-baron of the exchequer, and chief-justice of the king's bench, in this very reign, observed, in his Pleas of the Crown, p. 313, that it would be a most unhappy case for the judge himself, "if the prisoner's fate depended upon his directions, and unhappy also for the prisoner; as, if the judge's opinion must rule the verlict, the trial by jury would be useless."

Edward Bushel, a citizen of Lon

don, whose name deserves to be handed down to posterity with applause, immediately sued out a writ of Habeas Corpus. Upon the return, it was stated, that he had been committed; for that, contrary to law, and against full and clear evidence openly given in court, and against the direction of the court, in matter of law, he, as one of a jury, had acquitted William Penn, and William Mead, to the great obstruction of justice." This cause was at length heard in the superior courts; and after a solemn argument before the twelve judges, the above was resolved to be an insufficient cause for fining and committing the jury. They were accordingly discharged, and they brought actions for da mages.

(To be Concluded in our next.)

DEGRADATION OF IRELAND IN POINT

OF MORALS.

BY a list of convicts in the state of New-York, for 5 years, ending Dec. 31st, 1801, the following comprise the number from each country: From the State of New-York,...192 all the other States,.........211

403

693

Why does Ireland appear so con

FACILITY OF CHANGE IN AN АМЕБІCAN LAWYER.

Patrick Henry, the famous orator

WOLLASTON

Once asked a bigot, "How many religious sects he thought there might be in the world?" "Why," says he, "I can make no judgment, I never considered the question." "Do you think," said Wollaston, "there might be a hundred?" “0, yes, at least," cried the bigot. "Why then," replied the philosopher, "it is ninety-nine to one, that you are in the wrong.'

POPE CLEMENT THE XIV.

Used to say, "We too often lay aside charity to maintain faith, with out reflecting, that if it is not allowéd to tolerate men, it is forbidden to hate and persecute those who have unfortunately embraced he

resy.

was agreeable to what is published by Limbroch and others, upon that subject. Of the five persons condemned, there were but four burnt. Autonio Tavanco, by an unusual reprieve, being saved after the proces sion. Heyton Dias, and Maria Pi. neyra, were burnt alive, and the other two first strangled. The execution was very cruel, the woman was alive in the flames half an hour, and the man above an hour. The present king and his brother were seated at a window, so near as to be addressed for a considerable time in very moving terms by the man as he was burning. But though the favour he begged was only a few more faggots, yet he was not able to obtain it!!! The wind being a little fresh, the man's hinder parts were perfectly roasted; and as he turned himself, his ribs opened before he left speaking, the fire being recruited as it wasted, to keep him just in the same degree of heat. But all his entreaties could not procure him a large allowance of wood to shorten his misery!!!

Plunge him in pleasure's downy charms, His drooping torch will cease to glow. Beneath enjoyment's flow'ry bed,

Oft lies the grave of fond desires, Oft when on pleasure's bosom spread, We feel regret that hope expires.

THE PURSUIT OF HEALTH.

ONE April morn, reclin'd in bed,

Just at the time when dreams are true, A fairy form approach'd my head, Smiling, beneath her mantle blue.

Fie, fie! she cry'd, why sleep so long, When she, the nymph you dearly love, Now roves the vernal flow'rs among,

And waits for you in yonder grove.

Hark! you may hear her cherub voice, The voice of health is sweet and clear; Yes-you may hear the birds rejoice,

In symphony her arbour near.

I rose-I hasten'd to the grove,
With eager steps, and anxious mind,
I rose, the elfin's truth to prove,
And hop'd the promis'd nymph to find.

My fairy took me by the hand,

And chearfully we stepp'd along ;
She stopp'd but on the new-plough'd land,
To hear the russet wood-lark's song.

We reach'd the grove-I look'd around,
My fairy was no longer near,
But of her voice I knew the sound,

As thus she whisper'd in my ear:

"The nymph, fair Health, you came to find,

Within these precincts loves to dwell, Her breath now fills the balmy wind,

This path will lead you to her cell."

I bended to the primrose low,

And ask'd if Health might there reside, She left me, said the flower, but now,

For yonder violet's purple pride.

I question'd next the violet queen,
Where buxom Health was to be found,
She told me that she late was seen,

With cowslip's toying on the ground.

Then thrice I kissed the cowslips pale,
And in their dew-drops bath'd my face,

I told them all my tender tale,

And beg'd their aid coy Health to trace.

BELFAST MAG. NO. XXXVII.

From us, exclaim'd a lovely flower,
The nymph has many a day been gone;
But now she rests within the bow'r
Where yonder hawthorn blooms alone.

Quick to that bow'r I ran, I flew,

And yet no nymph I there could find, But fresh the breeze of morning blew, And Spring was gay, and Flora kind.

If I return'd, sedate and slow,

What, if the nymph I could not see? The blush that pass'd along my brow, Was proof of her divinity.

And still her votary to prove,

And still her dulcet smiles to share, I'll tread the fields, I'll haunt the grove, With untir'd steps, and fondest care.

O Sprite belov'd! vouchsafe to give A boon, a precious boon to me, Within thy influence let me live,

And sometimes too thy beauties see.

So shall the muse, in nobler verse,

And strength renew'd, exulting sing, Thy praise, thy charms, thy pow'r rehearse,

And sweep, with bolder hand, the string.

THE FORCE OF HABIT.

JOHN AND JOAN.

No plate had John and Joan to hoard,

Plain folk, in humble plight, One only tankard crown'd their board, And that was filled each night.

Along whose inner bottom sketch'd,

In pride of chubby grace, Some rude engraver's hand had etch'd, A baby angel's face.

John swallow'd first a moderate sup,

But Joan was not like John,
For when her lips had touch'd the cup,
She swill'd till all was gone.

John often urged her to drink fair,
Bat she ne'er changed a jot,
She lov'd to see the angel there,

And therefore drench'd the pot.

When John found all remonstrance vain,
Another card he play'd,

And where the angel stood so plain,
He got a devil pourtray'd.

S