ashi): ~ 
king, and of his law, .to the great dis 
idrbatce of his peace, &c.” 
* Having pleaded ‘ Not guilty,” the 
court adjourned until the afternoon, and’ 
the prisoners, being ayain broughit to the 
bar, were there detained during five 
hours, while house-breakers, murderers, ’ 
&c. were tried. On the $d of Septem- 
ber, the same ceremony took place as 
before, with only this difference, that 
on one of the officers pulling off the hats 
of the two prisoners, the lord mayor ex- 
claimed : “ Sirrah, who bid you put off 
their hats? put on their hats again!” 
Recorder to the prisoners. ‘“ Do you 
know where you are? Do you know it 
is the King’s court?” ' 
Penn. ‘* Uknow it to be a court, and 
Suppose it to be the King’s court.” 
scorder. ‘* Do you not know there 
is réSpect due to the court? And why 
do you not pull off your hat?” 
Penn. “‘ Because I do not believe 
that to be any respect.” 
Recorder. “Well, the court sets 
forty marks a-piece upon your heads, as 
& fine for your contempt of the court.” 
Penn. “I desire it may be observed, 
that we came into the court with our 
hats off (that is, taken off); and if they- 
ave been put on since, it was by order 
of the bench; and therefore aot we, but 
~ the bench should be fined.” 
* After this, the jury were again sworn, 
6n which, Sis J. Robinson, lieutenant of 
the Tower, objected against Edward 
Bushel, as he had not kissed the book, 
and therefore ‘would have him sworn 
again, “ though indeed, it was on pur- 
pose to have made use of his tenderness 
of conscience if avoiding feiterated 
oaths to have put him by his being a 
juryman, apprehending him to be a per- 
‘son not fit to answer their. arbitrary 
ends,”* oT 
~ James Cook, the first witness, being 
salled, swore that he saw Mr, Penn’ 
speaking to the people in Gracechurch- 
street, but could not hear what hé said, 
on account of the noise. Richard Read 
deposed exactly in the same manner: 
and to the same effect; but added, that 
» * See a scarce and valuable tract, printed 
for William Butler, 1682, and entitled,“ The 
Péople’s aritient and just Liberties asserted, in 
the Trial of William Penn and William Mead, 
at the Sessions held at the Olid Bailey, &c. 
agiinst the most arbitrary proceduse of that 
eourt.”” £ Woe unto chem that decree unright- 
gous decrees, and write grievousness, which 
they had prescribed to turn away the needy 
from judgement, andtake away,” &c. deci. x, 
$2 ; 
eet. 7’ 
Infamous. Trial of Penn, 
14$ 
he “saw Captain ‘Mead speaking td. 
ieutenant Cook, yet what be said he 
could not tell.” The third witness was: 
equally incompetent to prove any thing 
against Mr, Penn; and as “ for Captain 
Mead,” said he, “I did not see him 
there.” . a Bre 1} 
Mr. Recorder Howel.. “ What eay 
you, Mr. Mead, were you there?” ~ 
.. William Mead. ‘It is a maxim of 
your own law: nemo .tenetur accusure 
selpsum; which, if it be not true. Latin, 
I am sure it is true English, ‘that no 
man is bound to accuse himself:’ and. 
why dost thou offer to.ensnare me with 
such a question? Doth not, this show, 
thy malice? Is this like unto a Judge, 
that ought to be counsel for the prisoner 
at the bar?” Pe ie eer 
Recorder, “Sir, hald your tongue ; 
I did not go about to ensnare,you.” : 
Penn. We confess ourselves to be. 
so far from recantiny, or declining to 
vindicate the assembling of ourselves to. 
preach, pray, or worship, the eternal, 
holy, just, God; that ‘we declare to alk 
the world, that we do believe it to. be 
our indispensable duty to. meet incese 
sautly upon so good an account; nor- 
Shall. all the powers upon, earth be able 
to divert us from reverencing and ador- 
ing our God who made us.” . POs 
Alderman Brown. “ You sare ‘not 
here for worshipping God, but for:breake 
ing the law ;. you do yourselves. great, 
wrong in going on in that discourse,” 
Penn... **] affirm, I have broken no 
law, nor am I guilty of the indictment 
that. is jaid to my charge; and to.the 
end the bench, the jury, and myself, 
with these that hear us, may bave a more 
direct understanding, I desire you would 
let me know by what law it is you pro- 
secute me, andupon what law youground 
my. indictment?” 
Recorder. ‘Upon. the common 
law.” ir eines ” 
. Penn. “ Where is that common 
law?” ; ’ 
Recorder. You must not think that 
Tam able to run up so. many years, and 
ever so many adjudged cases, which we 
call common law, to answer your curi- 
osity.” 
| Penn. “This answer, I am sure, is 
very short of iy question; for, if it be 
common, it should not be so hard to pro- 
duce.” — ; : 
Recorder. Sir, will you plead to 
your indictment ?” ; 
Penn. “Shall T plead. to an indict- 
ment that hath no foundation in law? 
If it contain that Jaw you say I have 
broken, 
