would have entered with their hats on, but the officer stationed at the door interfered, and removed them. The Lord Mayor, not to lose an opportunity of displaying his zeal, angrily exclaimed: "Sirrah! who bid you put off your hats? Put them on again." They were then placed at the bar, and the Recorderbegan―

"Do you know where you are? Do you know this is the King's court?"

Penn. I know it to be a court, and I suppose it to be the King's court."

Recorder. Do you know there is respect due to the court? Penn.-Yes.

Recorder. Why do you not pay it then?

Penn.-I do so.

Recorder. Why do you not put off your hat then?

Penn. Because I do not believe that to be any respect.

Recorder. Well, the court sets forty marks apiece on your heads as a fine for contempt of court.

Penn. I desire it may be observed that we came into court with our hats off-that is, taken off and if they have been put on since, it was by the order of the Bench, and therefore, not

we, but the Bench, should be fined.

After some further interruptions, the first witness was called James Cook, who said: "I was sent for from the Exchange to go and disperse a meeting in Grace-church street, where I saw Mr. Penn speaking to the people, but I could not hear what was said on account of the noise. I endeavored to make way to take him, but I could not get near him for the crowd of people; upon which Captain Mead came to me, about the kennel of the street, and desired me to let him go on, for when he had done he would bring Mr. Penn to me."

Court. What number do you think there might be there? Cook.

About three or four hundred people.

Richard Read summoned and sworn.

Court. What do you know concerning the prisoners at the bar?

Read. My lord, I went to Grace-church street, where I found a great crowd of people, and I heard Mr. Penn preach tothem; and I saw Captain Mead speaking to Lieutenant Cook, but what he said I could not tell.

Read. There was such a great noise I could not tell what he said.

Mead.-Observe this evidence; he saith he heard him preach. and yet saith he doth not know what he said. Take notice (turning to the jurors), he means now a contrary thing to what he swore before the Mayor, when we were committed. I appeal to the Mayor himself if this be not true.

The Mayor declined to answer. Then the court asked the witness how many persons he supposed to have been present in Grace-church street.

Read.-About four or five hundred.

Penn. I desire to know of the witness what day it was.

Read. The 14th of August.

Penn. Did he speak to me or let me know he was there? For I am very sure I never saw him.

The court not allowing this question to be put, another witness was called, whose evidence closed the case for the prosecution. A noise breaking out in the court, Penn desired that silence might be commanded, and then proceeded: "We confess ourselves so far from recanting or declining to vindicate the assembling of ourselves to preach, to pray, or worship God, that we declare to all the world we believe it to be our indispensable duty to meet incessantly on so good an account; nor shall all the powers on earth be able to prevent us."

Sheriff Brown.-You are not here for worshipping God, but for breaking the laws.

Penn.—I affirm I have broken no laws, nor am I guilty of the indictment that is laid to my charge; and to the end that the

Bench, the jury, myself, and those who hear us may have a more direct understanding of this procedure, I desire you would let me know by what law it is you prosecute me, and on what law you ground your indictment.

Recorder. Upon the common law.

Penn.-What is that common law?

Recorder. You must not think that I am able to sum up so many years, and ever so many adjudged cases, which we call common law, to satisfy your curiosity.

Penn. This answer, I am sure, is very short of my question; for if it be common, it should not be so very hard to produce. Recorder. Sir, will you plead to your indictment?

Penn.-Shall I plead to an indictment that has no foundation in law? If it contain that law you say I have broken, why should you decline to produce it, 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 truth of the indictment.

Recorder (passionately).—You are a saucy fellow. Speak to the indictment.

Penn.-I say it is my place to speak to matter of law. I am arraigned a prisoner. My liberty, which is next to life itself, is now concerned. You are many against me, and it is hard if I must not make the best of my case. I say again, unless you show me and the people the law you ground your indictment upon, I shall take it for granted your proceedings are merely arbitrary. Recorder. The question is, whether you are guilty of this indictment?

Penn. The question is not whether I am guilty of this indictment, but whether this indictment be legal. It is too general and imperfect an answer to say it is common law, unless we know both where and what it is; for where there is no law there is no transgression; and that law which is not in being, so far from being common law, is no law at all.

Recorder. You are an impertinent fellow. the court what law is? It is lex non scripta.

Will you teach That which you

may have studied thirty or forty years to know, would you have me tell you in a moment?

Penn. Certainly if the common law be so hard to be understood, it is far from being very common; but if the Lord Coke in his Institutes be of any weight, he tells us that "common law is common right," and common right is the great charter privileges confirmed by various enactments.

Recorder. Sir, you are a very troublesome fellow, and it is not for the honor of the court to allow you to go on. * * My Lord, if you do not take some course with this pestilent fellow to stop his mouth, we shall not be able to do anything to-night. Lord Mayor.-Take him away, take him away! Put him in the bale-dock!

And in the midst of an eloquent appeal to the jury, Penn was forcibly removed to the extreme end of the court, where he could neither see or be seen. A few smart passages of arms took place between the Recorder and Captain Mead, and he was also placed in close companionship with his fellow prisoner.

The Recorder then proceeded: "You, gentlemen of the jury, have heard what the indictment is; it is for preaching to the people and drawing a tumultuous company after them; and Mr. Penn was speaking. If they shall not be disturbed, you see they will go on. There are three or four witnesses have proved thisthat Mr. Penn did preach there, that Mr. Mead did allow of it. After this, you have heard by substantial witnesses what is said against them. Now we are on matter of fact, which you are to keep and to observe, as what hath been fully sworn, at your peril."

Here Penn, from the bale-dock, exclaimed, in his loudest tones: "I appeal to the jury who are my judges, and to 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 opposed and destructive to the right of every English prisoner, as declared by Coke in the 2nd Institute 29, on the chapter of Magna Charter.” Recorder (with a pleasant stroke of humor).-Why, you are present; you do hear. Do you not?

Penn. 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 invalidate their indictment.

Recorder (in a tempest of wrath).-Pull that fellow down; pull him down. Take them to the hole. To hear them talk doth not become the honor of the court.

After the prisoners had been borne away to the most squalid and noisome of all the dens in England-the "hole" in Newgate -the Recorder commanded the jury to agree in their verdict according to the facts sworn. For this purpose they retired, and meanwhile the court continued sitting, and a breathless crowd remained in mute suspense to await the issue of this important trial.

Thirty minutes passed, and the jury made no appearance. An hour! It was evident they were not all agreed. The judges sat on their bench in angry alarm, lest the jury should prove more refractory than they had anticipated; the auditory began to hope that their fellow-countrymen might yet escape an unjust judg ment. An hour and a half elapsed, and the door opened. With a simultaneous movement every eye was directed thitherward. There entered eight of the jurors, saying that they could not agree upon a verdict. The Recorder required the attendance of the other four, and upon their presenting themselves, loaded them with vituperation. Upon their leader and instigator, Edward Bushel, he specially poured out the lava of his wrath.

Recorder. You, sir, are the cause of this disturbance, and manifestly show yourself an abettor of faction. I shall set a mark upon you, sir.

Sir John Robinson.-I know you. You have thrust yourself upon this jury.

Bushnel. No, Sir John. There were three score before me on the panel, and I would willingly have got off, but could not.

Robinson. I tell you you deserve to be indicted more than any man that has been indicted this day.