1811.] 
‘Recorder. ‘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. dis- 
turbed, you see they wil! go on; there 
are three or four witnesses that have 
proved this, that he did preach there, 
and that Mr. Mead did allow of it; after 
this, you have heard by substantial wit- 
nesses what is said against them. Now 
we are upon the matter of fact, which 
you are to keep to and observe, what 
has been fully sworn, at your peril.” 
Penn. (With a loud voice, from the 
Baile Dock.) “TL appeal tothe 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 
dn the absence of the prisoners. I jsay 
it is directly opposite te, and destructive 
of, the undoubted right of every English 
_ ‘prisoner, as Cook “(Coke) in the @d 
Inst. 29, on the chap, of Magna Charta 
speaks,” 
Recorder. “« Why ye are present ; you 
do hear, do you not?” 
‘Penn. Wo thanks to the court that 
commanded meinto the Baile Dock ; and 
“you of the jury take notice, that I have 
not been heard; neither can you legally 
fils’ the court before 1 have been 
fully beard, having at least ten or twelve 
erial points to offer; in order to in- 
‘valid their appointment. | 
Recorder. ‘ Pull the fellow down; 
ull him down.” ! 
_ Mead, “ Are these proceedings ac- 
cording to the rights and privileges of 
Englishmen, that we should not be 
heard?” 
5 Recorder, 
the hole.” 
| The jury were now desired to go up- 
stairs, in order. to agree upon a ver= 
lice; and the prisoners remained in ‘the 
: ‘stinking hole.” After an hour anda 
jars time, eight came down agreed, 
but four remained above, until sent fart 
he bench used many threats to the four 
that Cisggnced ;and the Recorder, addrese 
sing himself to Mr. Bushel, said, ‘¢ Sir, 
you are the cause of this ‘disturbance; 
* Et manifestly shew yourself an abettoy 
“ Take them away into 
F 
AgstiO I shall set a.mark upon you 
r 
derman Sir J. Robinson,: licbtenant 
t= of jie Tower. ‘ Mr. Bushely:I have 
fr n you near this fourteen years }you 
h thrust yourse!f upon this jury, be- 
enTHLY Mas, No, 210. 
Scarce Tracts, &c.- 
145 
cause you think there is some service for 
you; I tell you, that you deserve to be 
indicted more than any man that hath 
been brought to the bar this day.” 
Mr. Bushel. ‘No, Sir John, there 
were three-score before me; and I would 
willingly have got off, but could not.” 
Alderman Bludworth. “ Mr. Bushel, 
we know what you are.” 
Lord Mayor. “Sirrah, you are an 
impudent fellow; I will pat a mark upon 
you!” 
The jury being then sent back to con- 
sider their verdict, remained for some 
time; and, on their return, the clerk 
having aiked in the usual manner, ‘“ Is 
William Penn guilty of the matter where- 
in he stands indicted, or not. guilty?” 
the foreman replied, “ Guilty of speak- 
ing in Gracious (perhaps Grace- ‘church,) 
street.” 
Cave “Ts that all?” 
foreman. That is all I have in 
commission.” 
Recorder, “You had as good say 
nothing,” : 
Lord Mayor.’ ‘Was it not an un- . 
lawful assembly? You mean he was 
speaking to a tumult of people there?” 
Foreman. © My’ lord, this was all I 
had in commission,’ 
Here some of the jury, seeming SE tay 
buckle to the questions of the court,” 
Mr. Bushel, Mr. Hamond, and some 
others, opposed themselves! and said, 
“they allowed of no such terms as an 
unlawful assembly: “at which, the Lord- 
mayor, the Recorder, Sir'J. Robinson, 
lieutenant of the Tower; ” and alderman 
Bludworth, ‘ “took great occasion,” 
says our authority; “to vilifie them ‘with 
most opprobrious * ‘lavigyage ; 2” and this 
verdict, not serving their ‘turn, the 
Recorder expressed liimself thus: “ The 
Jaw of England will not allow you to 
part ill: you have given in’ your ver- 
dict, therefore #o and cohsider it once 
more.” 
On this the jury declared, that the 
had given in their verdict, and oul 
give inno other, They withdrew, how- 
ever, after demanding and © obtaining 
pen, ink, and paper; ‘and, returning once 
more, at the expiration’ of half 2 an “hour, 
the foreman addressed *himself to ‘the 
clerk of the peace, and,’ ‘presenting fs 
Following decision; said, Here rata ver 
dict; f We the jurors, ee Hee 
do find William, Penn to be oily, of 
speaking’ or preaching” to “an ‘assembly, 
met together in Gracious-street, the 14th 
gt August 
