me an acknowledged right, and evidence to the whole world your resolution to sacrifice the privileges of Englishmen to your sinister and arbitrary designs.'

do

Howell: Take him away! My Lord, if you not take some course with this pestilent fellow to stop his mouth, we shall not be able to do any thing to-night.'

Starling: Take him away, take him away! Put him into the bale-dock.'

Penn: These are so many vain exclamations. Is this justice or true judgment? Must I be taken away because I plead for the fundamental laws of England? However (addressing the jury), this I leave upon your consciences, who are my sole judges, that if these ancient fundamental laws, which relate to liberty and property-and are not limited to particular persuasions in matters of religion-must not be indispensably maintained-who can say he has a right to the coat upon his back? If not, our liberties are open to be invaded-our wives ravished our children enslaved-our families ruined—our estates led away in triumph. The Lord of heaven and earth be judge between us in this matter!

Howell: Be silent there!'

Starling commanded the officers of the court to carry the prisoner to the bale-dock-a well-like place at the farthest end of the court, in which he could neither see nor be seen. Thither Penn was forced under a protest against their right to remove him before the jury retired. Mead then addressed himself to his peers.

Mead: 'You men of the jury,-Here I stand to answer an indictment which is a bundle of lies; for therein I am accused that I met vi et armis, illicitè et tumultuosè. 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. I am a peaceable man; and therefore ask, like William Penn, an Oyer of the law on which our indictment is founded.'

Howell I have made answer to that already.' Turning from the bench to the jury, the old soldier told the twelve, that if the Recorder would not tell the court what constituted a riot and an unlawful assembly, he would quote for them the opinions of Lord Coke. A riot, said that great legal writer, was when three or more met together to beat a man, or enter his house by force, or cut his grass, or trespass on his land. Howell took off his hat to the prisoner, and making a low bow, said, in a tone which he meant to be withering, 'I thank you, sir, for teaching me what is law.'

1

Mead: 'Thou mayst put on thy hat: I have no fee to give thee.'

Brown: 'He talks at random: one while an Independent-now a Quaker-next a Papist.' Mead: 'Turpe est doctori cum culpa redarguit ipsum.'

out.'

Starling: You deserve to have your tongue cut

Mead: Thou didst promise me I should have fair liberty to be heard. Am I not to have the privilege of all Englishmen ?'

Mead was also removed to the bale-dock; and the court proceeded to charge the jury.

Howell: '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 should should not be disturbed, you see they will go on. Three or four witnesses have proved this-that 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.'

Penn (from the bale-dock, at the top of his voice): '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 2d Institute, 29 on the chapter of Magna Charta.'

Howell (with playful humour): '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.'

Howell: Pull that fellow down; pull him down. Take them to the Hole.'

So Penn and Mead were taken out of the baledock and carried to the hole in Newgate-the nastiest place in the most loathsome gaol in England, a den which Penn describes as so noisome that the Lord Mayor would think it unfit for pigs to lie in. Howell commanded the jury to agree in their verdict according to the facts. They retired ; the court remained sitting; the vast concourse of people keeping an eager eye on the door which led into the jury-room. An hour and a half had passed before the door opened, and eight of the twelve jurors walked into court. They could not agree, they said; the other four stood out against the court. Howell commanded the uncomplying four to be brought into his presence; they came. Bushel was one of them; in fact, the leader of the four. Robinson: 'I know you. You have thrust yourupon this jury?'

self

Bushel: No, Sir John. There were threescore 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.' Starling: Sirrah, you are an impertinent fellow! I will put a mark on you.'

Sent back to their room, the twelve jurors were absent longer than before; at length they came into court, when Penn and Mead being sent for, silence was commanded.

Clerk: 'Are you agreed in

your verdict?'

Vere the Foreman: 'Yes.'

Clerk: How say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form, or not guilty?'

Vere: Guilty of speaking in Gracechurch Street.'
Court: Is that all?'

Vere: That is all I have in commission.'

Howell: You had as good say nothing?'

Starling: Was it not an unlawful assembly? You mean he was speaking to a tumult of people there?'

Vere explained that on those points the jurors were not agreed. The court began to converse with each juryman apart, and some of these jurymen expressed themselves in favour of the views taken by the bench; but Edward Bushel, John Hammond, and two or three others, declared that they could admit no such term into their verdict as 'unlawful assembly.'

Howell: The law of England will not allow you to depart till you have given in your verdict.'

Vere: 'We have given in our verdict; we can give in no other.'

Howell: Gentlemen, you have not given in your verdict; you had as good say nothing as what you have said. Therefore go and consider it

once more.'

The jurors asked for pen, ink, and paper, and the court adjourned for half an hour. When the jury returned they handed in a written verdict,— again finding William Penn guilty of speaking to an assembly met together in Gracechurch Street,—