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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.
OBSER. The Prisoners were put out of the Court into the Bale-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.
PEN. 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 English Prisoner, as Cook in the 2 Instit. 29. on the Chap. of Magna Charta, speaks.
OBSER. The Recorder being thus unexpectedly lash'd for his extrajudicial Procedure, said, with an inraged Smile.
REC. Why, ye are present, you do hear, do you not?
PEN. 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 invalid their Indictment.
REC. 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.
REC. 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.
OBSER. The Jury were commanded up to agree upon their Verdict, the Prisoners remaining in the stinking Hole. After an Hour and half's time eight came down agreed, but four remained 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 your self an Abettor of Faction; I shall set a Mark upon you, Sir.
J. ROBINSON. Mr. Bushel, I have known you near this fourteen Years; you have thrust your self 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.
BLOODW. I said, when I saw Mr. Bushel, what I see is come to pass, for I knew he would never yield. Mr. Bushel, we know what you are.
MAY. Sirrah, you are an impudent Fellow, I will put a Mark upon you.
OBSER. 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 the
Court. Silence was call'd for, and the Jury call'd by their Names.
CLER. Are you agreed upon your Verdict?
JURY. Yes. CLER. Who shall speak for you? JURY. Our Fore-man. CLER. 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?
FORE-M. Guilty of Speaking in Gracechurch-Street.
COURT. Is that all?
FORE-M. That is all I have in Commission.
REC. You had as good say nothing. MAY. Was it not an unlawful Assembly? You mean he was speaking to a Tumult of People there?
FORE-M. My Lord, This is all I had in Commission.
OBSER. Here some of the Jury seemed to buckle to the Questions of the Court; upon which, Bushel, Hammond, and some 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 Bloodworth took great occasion to villifie them with most opprobrious Language; and this Verdict not serving their Turns, the Recorder express'd himself thus.
REC. The Law of England will not allow you to part till you have given in your Verdict.
JURY. We have given in our Verdict, and we can give in no other.
REC. 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.
OBSER. The Court adjourn'd for half an Hour; which being expired, the Court returns, and the Jury not long after.
The Prisoners were brought to the Bar, and the Jury's Names called over.
CLER. Are you agreed of your Verdict?