Recorder. Take him away.

My Lord, if

you take not some course with this pestilent fellow to stop his mouth, we shall not be able to do any thing to-night. Mayor. Take him away. Take him away. Mayor.-Take

Turn him into the bale-dock.

1

W. Penn.--These are but so many vain exclamations, Is this justice or true judgement? Must I therefore be taken away, because I plead for the fundamental laws of England? However, this I leave upon the consciences of you, who are of the Jury, and my sole Judges, that if these ancient fundamental laws, which relate to liberty and property, and which are not limited to particular persuasions in matters of religion, must not be indispensably maintained and observed, who can say he hath a right to the coat upon his back? Certainly our liberties are to be openly invaded; our wives to be ravished; our children slaved; our families ruined; and our estates led away in triumph by every sturdy beggar, and malicious informer; as their trophies, but our (pretended) forfeits for con

science

science-sake. The Lord of heaven and earth will be Judge between us in this

matter.

Recorder.-Be silent there.

W. Penn.-I am not to be silent in a case where I am so much concerned; and

not only myself, but many ten thousand families besides.

Soon after this they hurried him away, as well as William Mead, who spoke also, towards the bale-dock, a filthy, loathsome dungeon. The Recorder then proceeded to charge the Jury. But William Penn, hearing a part of the charge as he was retiring, stopped suddenly, and, raising his voice, exclaimed aloud, "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 endeavouring 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 English prisoner, as Coke on the chapter of Magna Charta speaks." Upon this some conversation passed between the parties, who were still distant from each

other ;

1

other; after which the two prisoners were forced to their loathsome cells.

Being now out of all hearing, the Jury were ordered to agree upon their verdict. Four, who appeared visibly to favour the prisoners, were abused and actually threatened by the Recorder. They were then, all of them, sent out of Court. On being brought in again they delivered their verdict unanimously, which was, "Guilty of speaking in Gracechurch-street."

The Magistrates upon the bench now loaded the Jury with reproaches. They refused to take their verdict, and immediately adjourned the Court, sending them away for half an hour to reconsider it.

The time having expired, the Court sat again. The prisoners were then brought to the bar, and the Jury again called in. The latter having taken their place, delivered the same verdict as before, but with this difference, that they then delivered it in writing with the signature of all their names.

The Magistrates were now more than ever enraged at the conduct of the Jury, and they did not hesitate to express their indig

nation at it in terms the most opprobrious in open court. The Recorder than addressed them as follows: "Gentlemen, "Gentlemen, you shall not be dismissed till we have a verdict such as 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."

William Penn, upon hearing this address, immediately spoke as follows: "My Jury, who are my judges, ought not to be thus menaced their verdict should be free, and not compelled: the Bench ought to wait upon them, and not to 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 my Jury's verdict."

Other words passed between them; after which the Court was about to adjourn, and the Jury to be sent to their chamber, and the prisoners to their loathsome hole, when William Penn observed, that the agreement of twelve men was a verdict in law; and such a verdict having been given by the Jury, he required the Clerk of the Peace to

record

record it, as he would answer it at his peril: and if the Jury brought in another verdict contrary to this, he affirmed, that they would be perjured in law. Then, turning to the Jury, he said additionally, "You are Englishmen. Mind your privilege. Give not away your right."

One of the Jury now pleaded indisposition, and desired to be dismissed. This request, however, was not granted. The Court on the other hand swore several persons to keep the Jury all night without meat, drink, fire, tobacco, or any other accommodation whatsoever, and then adjourned till seven the next morning.

The next morning, which was September the fourth, happened to be Sunday. The Jury were again called in, but they returned the same verdict as before. The Bench now became outrageous, and indulged in the most vulgar and brutal language, such indeed as would be almost incredible if it were

not upon record. The Jury were again charged, and again sent out of court: again they returned: again they delivered the same verdict again they were threatened. William Penn having spoken against the injus