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EC. Sir, hold your Tongue, I did not bout to ensnare you.

EN. I desire we may come more close e Point, and that Silence be commanded ne Court.

RY. O yes, all manner of Persons keep nce upon Pain of Imprisonment

nce Court.

EN. We confess our selves to be so far n recanting, or declining to vindicate Assembling of our selves to Preach, 7, or Worship the Eternal, Holy, Just that we declare to all the World, that Ho believe it to be our indispensable , to meet incessantly upon so good an ount; nor shall all the Powers upon h be able to divert us from reverencing adoring our God who made it.

ROWN. You are not here for worshipGod, but for breaking the Law; you 'ourselves a great deal of Wrong in g on in that Discourse.

would let me know by wnat Law it is you prosecute me, and upon what Law you ground my Indictment.

REC. Upon the Common Law.

PEN.
REC.

Where is that Common Law?

You must not think that I am able to run up so many Years, and over so many adjudged Cases, which we call Common Law, to answer your Curiosity.

PEN. This Answer I am sure is very short of my Question, for if it be Common, it should not be so hard to produce.

REC. Sir, will you plead to your Indictment?

PEN. Shall I plead to an Indictment that hath no Foundation in Law? If it contain that Law you say I have broken, why should you decline to produce that Law, since it will be impossible for the Jury to determine, or agree to bring in their Verdict, who have not the Law produced, by which they should measure the

er. At this time
-al upon the
h urged hard
the Prisoner
ar him down.

my Liberty, which is next to Life it self, is now concerned: You are many Mouths and Ears against me, and if I must not be wed to make the best of my Case, it is d. I say again, unless you shew me, and People, the Law you ground your Inment upon, I shall take it for granted r Proceedings are meerly Arbitrary. EC. The Question is, whether you are ty of this Indictment?

EN. The Question is not whether I am ty of this Indictment, but whether this ictment be legal. It is too general and erfect an Answer, to say it is the Comà Law, unless we knew both where, and t it is: For where there is no Law, there > Transgression; and that Law which is in being, is so far from being Common, it is no Law at all.

EC. You are an impertinent Fellow,

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à his Institutes, be of any Consideration, e tells us, That Common Law is Common Light, and that Common Right is the Great harter-Privileges: Confirmed 9 Hen. 3. 9. 25 Edw. I. 1. 2 Edw. 3. 8. Cook nstit. 2 p. 56.

REC. Sir, you are a troublesome Fellow, nd it is not for the Honour of the Court O suffer you to go on.

PEN. I have asked but one Question, nd you have not answer'd me; tho' the Rights and Privileges of every Englishman be concerned in it.

REC. If I should suffer you to ask Quesions till to Morrow Morning, you would e never the wiser.

PEN. That is according as the Answers

ire.

REC. Sir, we must not stand to hear you alk all Night.

PEN. I design no Affront to the Court,

vileges of Englishmen to your sinister Arbitrary Designs.

EC. Take him away. My Lord, if take not some Course with this pestilent low, to stop his Mouth, we shall not be to do any thing to Night.

MAYOR. Take him away, take him away, 1 him into the Bale-dock.

'EN. These are but so many vain Exnations; is this Justice or true Judgt? Must I therefore be taken away bese I plead for the Fundamental Laws of gland? However, this I leave upon your sciences, who are of the Jury (and my Judges) that if these Ancient Fundantal Laws, which relate to Liberty and operty, and (are not limited to particular suasions in Matters of Religion) must be indispensibly maintained and obved. Who can say he hath Right to the at upon his Back? Certainly our Liberare openly to be invaded, our Wives

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