Record. Sir, Hold your Tongue, I did not go about to en

snare you.

Pen. I desire we may come more close to the point, and that silence be commanded in the Court.

Cry. O yes, All manner of Persons keep silence upon pain of imprisonment---Silence in the Court.

Pen. We confess our selves to be so far from recanting, or declining to vindicate the assembling of our selves, to Preach, Pray, or Worship the Eternal, Holy, Just God, that we declare to all the World, that we do believe it to be our indispensable duty, to meet incessantly upon so good an account; nor shall all the powers upon Earth, be able to divert us from reverencing and adoring our God, who made

us.

Brown. You are not here for worshipping God, but for breaking the Law; you do yourselves a great deal of wrong in going on in that discourse.

Pen. I affirm I have broken no Law, nor am I guilty of the Indictment, that is laid to my charge, and to the end the Bench, the Jury, and myself, with these that hear us, may have a most direct understanding of this procedure, I desire you would let me know by what 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. Sir, will you plead to your Indictment?

Rec.

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

imposible 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 this Indictment, and the guilt, or contrary, of my fact?

Rec.

You are a saucy Fellow, speak to the Indictment. Pen. I say, it is my place to speak to matter of Law; I am arraigned a Prisoner, 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

Obser. At this time

hard

several upon the

urged

Bench
upon the Prisoner to
bear him down.

be allowed to make the best of my Case, it is hard: I say again, unless you shew me, and the People, the Law you ground your Indictment upon; I shall take it for granted, your proceedings are meerly Arbitrary.

Rec. The Question is whether you are guilty of this Indictment?

Pen. 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 the Common Law, unless we knew both where, and what it is; For where there is no Law, there is no Transgression; and that Law which is not in being, is so far from being Common, that it is no Law at all.

Rec. You are an impertinent Fellow, Will you teach the Court what Law is? Its Lex non scripta, that which many have studied thirty or forty years to know, and would you have me to tell you in a moment?

Pen. Certainly, If the Common Law be so hard to be understood, its far from being very Common; but if the Lord Cook in his Institutes, be of any consideration, he tells us, That Common Law is Common Right, and that Common Right is the great Charter-Priviledges: Confirmed 9 Hen. 3. 29. 25 Edw. I. I. 2. Edw. 3. 8. Cook Inst. 2. p. 56.

Rec. Sir, you are a troublesom Fellow, and it is not for the honour of the Court to suffer you to go on.

Pen. I have asked but one Question, and you have not answered me; though the Rights and Priviledges of every Englishman be concerned in it.

Rec. If I should suffer you to ask Questions till to morrow morning you would be never the wiser.

Pen. That is according as the Answers are.

Rec. Sir, We must not stand to hear you talk all night. Pen. I design no affront to the Court, but to be heard in my just Plea; and I must plainly tell you, that if you will deny me Oyer of that Law, which you suggest I have broken, you do at once deny me an acknowledged right, and evidence to the whole World your resolution to sacrifice the Priviledges of Englishmen, to your Sinister and Arbitrary designs.

Rec. 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.

May. Take him away, Take him away, turn him into the Bale-dock.

Pen. These are but so many vain Exclamations; Is this Justice or true Judgment? Must I therefore be taken away because I plead for the fundamental Laws of England? However, this I leave upon your Consciences, who are of the Jury (and my sole Judges) that if these Antient Fundamental Laws, which relate to liberty and property, and (are not limited to particular perswasions in matters of Religion) must not be indispensibly maintained and observed; Who can say he hath right to the Coat upon his back? Certainly our liberties are openly to be 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

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(pretended) Forfeits for Conscience sake; the Lord of Heaven and Earth will be Judge between us in this matter.

Pen. I am not to be silent in a Case wherein I am so much concerned, and not only my self, but many ten thousand Families besides.

Obser. They having rudely haled him into the Bale-dock, William Mead they left in Court, who spake as followeth.

Mead, You men of the Jury, here I do now stand, to answer to an Indictment against me, which is a bundle of Stuff, full of Lyes and Falshoods; for therein I am accused, that I met vi et armis, illicite et tumultuose: time was, when I had freedom to use a carnal Weapon, and then I thought I feared no man; but now I fear the Living God, and dare not make use thereof, nor hurt any man; nor do I know I demeaned my self as a tumultuous person.

I say, I am a peaceable man, therefore it is a very proper Question what William Penn demanded in this Case, An OYER of the Law, on which our Indictment is grounded.

Rec. I have made answer to that already.

Mead, Turning his face to the Jury, said, You men of the Jury, who are my Judges, if the Recorder will not tell you what makes a Riot, a Rout, or an unlawful Assembly, Cook, he that once they called the Lord Cook, tells us what makes a Riot, a Rout, and an unlawfull Assembly———A Riot is when three, or more, are met together to beat a man, or to enter forcibly into another mans Land, to cut down his Grass, his Wood, or break down his Pales.

Obser. Here the Recorder interrupted him, and said, I thank you Sir, that you will tell me what the Law is, scornfully pulling off his Hat.

Mead, Thou mayst put on thy Hat, I have never a Fee for thee now.

Brown, He talkes at random, one while an Independent,

another while some other Religion, and now a Quaker, and next a Papist.

Mead. Turpe est doctorum cum culpa redarguit ad ipsum. May. You deserve to have your Tongue cut out.

Rec. If you discourse on this manner, I shall take occasion against you.

Mead, Thou didst promise me, I should have fair Liberty to be heard. Why may I not have the Priviledge of an Englishman? I am an Englishman, and you might be ashamed of this dealing.

Rec. I look upon you to be an Enemy to the Laws of England, which ought to be observed and kept, nor are you worthy of such Priviledges as others have.

Mead, The Lord is Judge between me and thee in this matter.

Obser. Upon which they took him away into the Baledock, and the Recorder proceeded to give the Jury their charge, as followeth.

Rec. You 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 should not be disturbed, you see they will go on; there are three or four Witnesses, that have proved this, that he 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 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