CHAPTER VIII

THE TRIAL BY JURY

was in 1670 that the famous (or infamous) Conventicle Act was passed in Parliament, which prohibited Dissenters from worshipping God in their own way. It had been mainly suggested by the bishops, to stem the flood of religious opinion which was spreading all over the country, but it was felt by those of a tolerant spirit to be an unjust Act, being in direct opposition to the great Charter of English Liberty ;' the lives, properties, and persons, even of English people were in danger of justices of the peace putting aside trial by jury, could convict, fine and imprison at their pleasure, those who attempted to worship in the manner they deemed right and pleasing to the Almighty.

It was shortly after this Act had become law, that William Penn repaired one day, as usual, to the Friends' Meeting-House in Gracechurch Street, and found it closed and guarded by a

62

SESSION AT OLD BAILEY [CHAP. VIII company of soldiers. A crowd had assembled to watch the little band of Friends gathered round the door, unable to enter.

With the courage that never failed him, William began to preach in the street, and a linen-draper, named William Mead, joined him and stood by his side, but they were not allowed much time for speech, as they were immediately seized by the constables and dragged off to Newgate. The whole plan had been evidently preconcerted, for the constables had the warrants ready signed to arrest Penn. The next session at Old Bailey was on the ist of September, about a fortnight after they had been put in prison. On that day they were duly brought before the justices, consisting of Sir Samuel Starling, Lord Mayor, John Hood, the Recorder, and other aldermen and sheriffs, and were charged, not with a breach of the Conventicle Act, but with having preached to an unlawful, seditious, and riotous assembly, who had met together, with force and arms, to the terror of his Majesty's subjects. The prisoners pleaded “Not Guilty” to this charge."

William Penn conducted his own case. On September 3 they were again brought into court. As they entered, one of the officers

1668]

PENN DEFENDS HIS CASE

63

pulled off their hats, the Lord Mayor angrily ordered them to be put on again, to give the Recorder the opportunity of fining the prisoners 40 marks each for contempt of court by remaining covered.

William acknowledged that he and his friend had been present as stated, their object being to worship God, and that they had disobeyed no law that he knew of, and asked which it was that they were accused of breaking. The Recorder replied,

replied, “The Common Law.”

“If that law were so common,” answered William, "it should not be so difficult to define.”

“The question is, whether you are guilty of this indictment,” retorted the Recorder.

“The question,” replied the grave young man, who stood calmly before his judges, “is, not whether I am guilty of this indictment, but rather whether this indictment be legal.”

“You are an impertinent fellow,” shouted the angry Recorder, “will you teach the Court what law is?”

“I design no affront to the Court, but to be heard my just plea.”

“Take him away; turn him into the baledock,” cried the Lord Mayor.

“Must I be taken away because I plead for the fundamental laws of England ?” answered Penn quietly. “Are our liberties to be invaded, and

64

JURY ACQUIT HIM [CHAP. VIII the laws of our country not to be observed ? the Lord of Heaven, will be judge between us in this matter, which concerns thousands of persons as well as my own case."

These brave words only increased the Lord Mayor's wrath, and they were promptly hurried away towards the bale-dock, a filthy and loathsome dungeon, while the Recorder proceeded to charge the jury, but William Penn, before reaching the outer door, raised his voice and exclaimed, “I appeal to the jury, who are my judges, and to this great assembly, whether the proceedings of this Court are not most arbitrary, and devoid of law in endeavouring to give the jury their charge in the absence of the prisoners. It is exactly opposed to, and destructive of, the undoubted right of every English prisoner, as Coke on the chapter of Magna Charter speaks.”

But his words were unheeded, and they were driven away to their cells. The jury then deliberated, and soon brought in a unanimous verdict, “Guilty only of speaking in Gracechurch Street."

The Magistrates on the bench now loaded the jury with reproaches, and on their reconsidering the matter, and again bringing in the same verdict, the Court expressed its indignation in the most opprobrious terms, while the Recorder addressed them as follows. “Gentlemen, you shall not be dismissed till we have a verdict such