144 
Broken, -Whiy should you declie to pro- 
duce that law, since it will be impossible 
for the pty to determine, or agrée to 
bring in their verdict, who have not the 
law produced by which they sshould 
mieasute the truth of this indictineyt, and 
the guilt, or contrary, of my fact?” 
“Recorder, “ You are a saucy fellow ; 
speak to? the indictment.” (At this 
time sederul upon the bench urged hurd 
upon the poner ‘to bear hint dbo. ) 
Pern? '*'P say it is my place to speak 
to'matter of law; L am atraigned a pri- 
sonér ; my liberty, which is next to life 
post 18 WHW ebiicerned ; you are many 
mosiths and’ éars against me, and if [ 
must not be allowed to make the best 
Of my Gds@,' itis hard ; T say again, unless 
you shew me, and the people, the law 
you ground your indictment opon, I 
shall take it fer granted, your proceed- 
igs dre merely arbitrary.” 
Recorder. “ The question is, Whe- 
ther you aré guilty of this indictment?” 
‘Penn. >“ The question is not whether 
Fam guilty of this indictmeit, but whe- 
ther thi iidictmerit be legal? It is too 
general and’ inpelfect an answer, to say 
itis dié’éommon law, uviess we knew 
Both wifereaind what it is; for where 
there id td IW; there is fo transgression ; 
and that law whieh is not in terng, is so 
fair" freSttt béifig ¢ common, that itis no law 
at ail” 
** Recortere “You aive'an impertinent 
fellow WONT yor teach’ the court what 
few GeO des Ler non scripta, that 
_ Which! many have® studied thirty or forty 
ré'to'ktiow, atid would you! have me 
6 tell you'ifi a momeiit?” 
© Pénn: ““ Certaiily, if the ‘common 
awit so hard to be understood, it is far 
from “being comtnon; bur if the lord’ 
Ookeje i hs Enstitutcs, be of any con- 
sideration, he tells us, that common law 
38'cOmiNon Nebt, and that comnion right 
is the greatchar ter of privileges confirmed 
¢ Henry's, 29), 25. Edwdtd 1; Zand 2; 
Edward Ili, 8. Coke Instit. 2 p. 56. 
Pdesign no Afifont’ to the court, but to 
be heard’ in’ my just plea; and I muse 
plainly'tell you, that if you will deny me 
Over of the law, which you’ say I have 
broken, you do at once deny me an -Ac- 
knowledged right, and evidence to the 
whole world your resolution to sacrifice 
the privileges of Englishmen to. your 
sinister and arbitrary designs.” 
Recorder. .“ Take him away: my 
dont if you take not some course with 
this pestifent fellow to stop his mouth, 
we shall not be able to do any thing to- 
night.” ‘ 
‘Bcarce Tracts; &e. 
{March t, 
~ Lord Mayor. © Take tinh away, taka 
him away; turn him into the Baile 
Dock.” 
Penn. © These are but so many vaint 
éxclamations:, Is this justice or true 
judgment? Must I therefore be taken 
away, becadse I plead for the funda- 
eg Jaws of England ? However, this 
I leave upon your consciences who are 
of the jury (and. my sole judges) ‘that if 
these ancient fundamental Jaws, which 
relate to liberty and property, aud are 
not limited to particular ' persuasions in 
religion, must not be indispensably main« 
tained and observed, who can. say he 
hath aright to the coat upon his back?” 
Recorder, _“ Besilent there.” 
Pénn. “Lam not to be silént ina 
case wherein I am so. much concerned, 
and not only myself, but many ten thou. 
sand families besides.” 
They now dragyed him into the Bailé 
Dock ; but William Mead, being’ still felt 
in court, spoke as’ follows: ** You men o 
the jury, here I do now stand to answee 
to an indictment against me, which is a 
bundle of stuff, full of lyes and falsé- 
hoods: for therein am I accused, that 
met vi et armis, illicite et tamultuose, 
Time was when I had freedom to use a 
carnal weapon, and then T thought t 
feared no man ; but now I fear the living 
God, and. dare ‘hot make use thereof, nor 
hurt any man. You men of the Jory 
who are my judges, if the recorder will 
not tell you what makes a riot, a rout, 
or an unlawful assembly, Cook (Coke,) 
he that once they called the lord Cook 
(Coke,) tells us, that a riot is, when threé 
of more are met together to beat a MAD, 
or to enter forcibly into another. man’s 
Tand, to cut down his grass, his wood, or 
beak dow n his pales,” 
Recorder. I thank you, Sir, that 
you will tell me what the law is,” (scorn= 
Sully palling off his hat.) 
Mead. “Yhou mayest put on thy 
hat, I have never a fee for thee now.” 
‘Aidernin Brown. He talks at 
random ; one while an independent, ano- 
ther while some other religion; and now 
a quaker, and next a pa ist.” 
Mead.“ Turpe est os cum culpa 
redarguit ad ipsum.’ 
Lord Mayor, “ You deserve to have 
your tongue cut out.’ 
Recorder. “ If you discourse in this 
manner, I spall take occasion aaa 
ou.’ 
Mr. Mead having been now alse 
thrust into the Baile Dock, the following 
charge was given to the jury, in the ab- 
sence of the prisoners, 
Recorder, 
