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MACKEIVZIE., iiio. ^M •f •1 d ,' ■^*«»«tv-«-' -.;.te-.>,4|| Si ■i i '»*:- >=?: ■■% ■■?■ •A'% •'• # .■ . - ' % ■j;.. . • ■f <> ■ .-.>;-'^? ■Ml.*' ,i- -^ ^S- ■ "r^^ ,^ ,^ ■'I V'IKj "* '. ■■ '^ -^ .• (.; • ^ %• \ \ f i I t-^-. ¥ r. ■■ ^M/'' ■ TRIAIi OF WILLI4M PEKN. ^ I NoTWiTHiTAiroiKG a body of soldiers had taken posses- sion of the meetinghouse in Gracious street,"* Aug. 15tb, 1670, William Penn preached in the immediate vicinity as before. On this, he was apprehended, committed by the lord mayor, and tried for the same, along with Wm. Meadt at the Old Bailey, on the first, third, fourth, and fifth of September following. On this occasion, the oench con- sisted of: ;,. Samuel Starling, lord mayor. John Howel, recorder. Thomas Bludworth WiUiam Peak lachard Ford Sir John Robinson Joseph Shelden Richard Brown John Smith James Edwards •y^ji-xi t»V;- > Aldermen. SherifTs. 1. Thomas Veer 2. Edward Bushel 3. John Hammond 4. Charles Wilson 5. Gregory Walklet 6. John Brightman It is important here that the names of the jury should be also recorded, not only as a mark of respect to them, but also as an example to their fellow subjects, viz, 7. William Plumstead 8. Henry Heley 9. James Damask 10. Henry Mitchel 11. William Lever 12. John Bailey The indictment purported "that William Penn and Wil- liam Mead, the latter, late of London, linen draper, with divers persons to the jurors unknown, to the number of three hundred, did unlawfully assemble, and congregate * Grace Church Street. t Mr. Mendehad been originally a tradesman in London; but, during the civil wars, he, like many others, obtained a commission in the army, and was known by the appellation of Captain Meade. It is not at all improbable, that he took the same side as William Penn's father, and, indeed, his conduct on this occasion displays somewhat ofthekepubli- can intrepidity of those days. m Ir * . ' .f \ 4 TRIAL OP WILLIAM PENN. themselves with /orrc of ar;ns, SfC. to the disturbonce ot the peace of Our Lord the King, and that Willium Penn, by agreement between him an4 Willianit Mead, did take iipun himself to preach and spcalc, in contempt of the sti'id F.ord the King, and of hisIaWi totiie great disturbanne or his peace," ^c. Iluving pleaded 'not guilty,' the court adjoiMrned until the aflejmoon, oni^.the prisonf^s being ng^n brought to the hfije, we^Athiere rjetained during, five hours, while house bf^aJLcrs, murderers, Stc. Wiere, tried. On tlie 2d of Scptem^ejc, t))e st^ue.cerempuf, tppk place as before, with only, this difference, that on one of the officers piAiling oflT tbei hats of the t^o pr^spnerK, th^ lord, niayor exc^laint- ed: "Sirrah, who bid ^ see they will go on; there are three or four witae«ses luat have proved this, that be did preach there, th4t Mr. Mead did allow of it ; after this, you have heird by substantial witnesses what is said against them. Now we are upon the matter of fact, which you are to keep to and observe, what had been fully sworn, ftt your peril. Penh. [With a loud voice, from the Baile Dock] I ap- peal to the jury, who are my judges, and this great assem- bly, whether the proceedings of the court are not most ar- bitrary, and void of all law, in offering to give the jury their charge in the absence of the prisoners. I say it it directly opposite to, and destructive of, tbe undoubted right of every English prisoner, as Coke, in the 2d Inst. 99, «• the chap, of Magna Charta speiJcs. Recorder. Why ye are present ; you do hear, do you not? Penn. No thanks to the court that commanded melnto the Baile Dock ; and you of the jury take notice, that I have not been heanf; neither can you legally depart the 9ourt before I have been /u% heard, having at least ten or twelve material ppiQts to offer, in older to iAY^l^ t^eir ajp* pointment. . .^Sf^^- ...» . Recorder. Pull the fellow down ; puU him down. Mead. Are these proceeding* according to the rights ^kiu^M.^ /;,(.-.<,. ■A<.i^-/.i TRIAL or WILLIAM PENN. 9 and pmileges of Englishmen, I'latwc should not be beard/ Recorder. Take them away into the Iwle. The jury were now desired to go up stair*, in order to agree upon a verdict ; and the prisoners remained in the " stinking hole." After an hour and a half's time, eight came down agreed, but four remained above, until sent for. The bench used many threati to the four that diftsented ; and the recorder, addressing himself to Mr. Bushel, said : " Sir, you are the cause of this disturbance, and manifest- ly show yourself an abettor of faction. I shall set a mark upon you, sir." AtJerman Sir J. Robinton, lieut. of the tower. Mr. Bushel, I have known you near this fourteen years ; you have thrust yourself upon this jury, because you think there is some service for you; I tell you, that you deserve to be Lidicted more than any man that hath been brought to the bar this day. ilfr. Bu$hel. No, sir John, there were three-score be- fore me; and I would willingly have gotcfff, iiot 'could not. Alderman BluduorfA. Mr. Buthd, we know what yon are. LordUaifer. Sirrah, you are an impudetit fcllour ; Iwill put a mark upon you! The jury being then scat back to «onrider their verdict, remained fbr some time; and, on their return, the clerk having asked in the usual manner: "Is Willl-am Penn guilty of the matter wherein he stands indicted, or not guilty?" the foreman replied, " Oailty of'spfeakiag in Gra- cious street." Owrt. IsthatallT ' '-;-..^>k^-ir.: v. -n^/ .;,;,. .^,^ ^ Fornman. That is all I hate in commbfttMi. Recorder. Yon had as good say nothbig. Lmrd Majfor. Was it not an unlawiVil aaftemMy 1 Yoa mean he was speaking to a tumult of peopL the^l Foremkn. My lord, tiiit was all I had in commission. Here some of the jury seeming '^tabuckleto the qtiM- tions of the court," Mr. Bushel, Mr. Hanunond, and some ottiers, 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 to vilify them with the most opprobi:ioa« language," and this :i ..' .A, ■.■(^l^iti-f/ i I % f. / 10 TRIAL OF WILLIAM PENN. verdict not •erring their turn, the recorder expressed hiiu-; self thus : " The law of England trill not allow you to part till you have given iu your verdict therefore go and consider it once more." On this the jury declared, that they had given in their verdict, end coUld give in no other. They withdrew, how- ever, after demanding and obtaining pen, ink, and paper, and returning once more, at the expiration of half an hour the foreman addressed himself to the clerk of the peace, and presentinfT the following decision, said here is our ver- dict : " We the jurors, hereafter named, do find William Pennto be guilty of spending or preaching to an assembly met together in Graci )us street, the 14th of August last, 1670; and that William Mead is not guilty of the said ior dictment. Foreman. Thomas Veer, Edward Bushel," &c. Lord Mayor. What! will you be led by such a silly fel. low as Bushel? An impudent canting fellow; I warrant you, you shall come no more upon juries in haste ; you are a foreman indeed ! I thought you understood your place better. Recorder. Gentlemen, you shall not be dismissed till we have a verdict that the court will accept, and you shall be locked up without meat, drink, fire, and tobacco ; yoa shall not think thus to abuse the court; we wUl have a verdict by the help of God, or you shall starve for it. Penn. My jury, who are my judge*, ought not to be thus menaced; their verdict should be free, and not compel- led; the bench ought to wait upon (for) them, but not fore- sttti them. I do desire that justice may be done, and that the arbitrary r»solves of the bench may not be made the measure of my jury's verdict. Recorder. Stop that prating fellow, or pat him out of the court. L^rd Mayor. You have heard that he preached, that he gathered a company cf tumultuous people, and that they not only did disobey the martial power, but the civil also. Penn- It is a great mistake ; we did not make the tu- mult, but they that interrupted us 1 The jury cannot be. so ignorant as to think that we met there with a design to disturb the civil peace, since, first, we were by force <»*" \ \ i li TRIAL OF WILLIAM PENN. 11 arms kept out of our lawful house, and met as near it in the street as their soldiers would give us leave ; and se> condly, because it was no new thing, and it is known that we are peaceable people, and cannot offer Tiolence to any man. The agreement of twelve men is a verdict in law ; and such u one being given by the jury, I require the clerk of the peace to record it, as he will answer at his periL And if the jury bring in another verdict, contradictory to this, I affirm they are perjured men in law. Then looking towards them, he emphatically added, " Vou are English- men! mind your privilege, give not away your right!" One of the jury having pleaded indisposition, and desir- ed to be dismissed, the lord mayor said, " You are as strong as any of them; starve then, and hold your principles." Recorder, Gentlemen you must be contented with your hard fr.te, let your patience overcome it; for the court is resolved to have a verdict, and that before you can be dismissed. • • -v ■'■::■ Jury. We are agreed! The court now swore several of its officers to keep the jury all night, without meat, drink, fire, &c. and adjourn- ed to seven o'clock next morning, which proved to be Sum day. They were then brought up as before, when, having persevered in their verdict, Mr. Bushel was reproved as a factious fellow, by the lord mayor; on this he replied, that he acted ' conscientiously.' The other observed, that such a conscience would cut his throat; * but I will cut yours, added he, ' so soon as I can.' Mr. Penn now asked the recorder, if he allowed the ver* diet given in respect to William Mead ? That magistrate replied, no; as they were« both indicted for a conspiracy, and one being found 'not guilty,' and not the other, it could not be a verdict. Penn. Knot guilty be not a verdict, then you make of the jury, and Magna Charta, but a mere nose of vox! I affirm that the consent of a jury is a verdict in law; and if William Mead be not guilty, I am clear, as I could not pos- sibly conspire alone. The jury a^ain received a charge; were sent out; re* turned, and presented the same verdict. On this, the re- corder threatened Mr. Bushel, and said, "while he had any thing to do in the city, he would have on eye upon ; i r !J)1 •^ *-< 1« TRIAL OP WILLIAM PENN. him?" The lord mayor termed him a pitiful fellow, and added, ' I willcnt bis nose.' Pemt. It is intolerable tfaatmy jary should be thus me- - naced; Is this according to the fundamental laws? Are not they my proper judges by the great charter of- England 7 What hope is there of ever having justice done, when jv rieji are threatened, and their verdicts rejected? I am con«' cerned to speak, and grieved to see such arbitrary pro* cecdings. Did not the lient. of the tower render- [treat] ' one of them (the jury) worse than a felOn ? And- do yoH- not plainly seem to condemn such for factious fellows, who answer not your ends! Unhappy are those jurists who are threatened to be fined, and starved, and ruin* ed, if they give not in verdicts contrary to their consci- ences. Recorder. My lord, you must tak« a course with that same fellowi Lord Mayor. Stop bis mouth, jailer, bring fetters, and stake him to tbe ground. Penn. Do your -pleasure I matter not your fetters '. Recorder. T'lVnow, I liever understood the reason of the policy and prudence of the Spaniards,- in sufibring the Inquisition among them; and certainly it will never be well with us, till something like unto the Spanish liiquisUion be in England. The jury were once more required to give another ver- . diet; "Mr. Lee, the clerk, was also desired to draw up a spe- cial one, which he declinedt and the recorder threatened to have the jurors carted about the city, as in Edward llVa time. The foreman remonstrated itt vain, thatanother ver- dict would be a force on them to save their lives ; and th« jiiry refused to go out of court until obliged by the sherifT. On this, the court immediately adjourned Until next morn- ing at seven o'clock, when tbe prisoners were, as usual, brought from Newgate, and, being, placed at the bar, the clerk demanded,, Is William Penn guilty, or not guilty? — Foreman. Not guilty! Is William Rfead guilty ? Fore- man. Not guilty ! The bench being, still dissatisfied, each of the jury was required to answer distinctly to his name, which being done, and they proving unanimous, the recor- der spoke as follows : I am sorry, gentlemen, you have fyJlowed your own '■'■9 :\. .•+»»-<>fa3i.j^-<^'.' ■"• ' . -'^ .^; ■-. •.^^-.^■^: TiUAL OF ^YILWAAI PENN* ' IJ jiulgra«nti iu»«| j opinioDs jra^r t^«y|k: th« good , aiMl wlii>le* Mineadvic0|t^at,wiM,givienjrf«. God,k«epmy lifeoutof ypnr l^l|ld•S Bfttfort^s t^« court Ap^ you, fortymarlM a WiUifmPem. I deioa^iny liberty; beiog frefid by tlw j«ry. Zord Strnf/or. Np, y^^«,ii^|wrjwfin«8.for owilempt •f tlM;,cAwrt. P«iM. I.«8|l if it be aoeordmg to tbe fwdamental iRirfl of Englasdk that any Englishman «bo\ddbe,fioed^ at aanerc- ed, but by the judgment of hi? [xeers, or jury ? since, it ex- pressly contradicts the 14th and 29tb chapters of the great charter of England, which say, "No freemen ought to be amerced^ but by the oath of good and lawful men of the vici^ naq'e." Recorder. Take him away, take him away; take him out of the court. Penn. I can never urge the fundamental laws of Eng- land, but you cry, take him away, take him away ! But it is no wonder, since the Spanish inquisition hath so great a place in the recorder's heart. God Almighty, who is just, will judge you for all these things. Both jury and prisoners were now forced into the Baile Dock, for non-payment of their fines, whence they were carried to NetTgate. These proceedings, of course, arous- ed the attention of a nation, justly jealous of the govern- ment of such a profligate and arbitrary Prince as Charles II. and indignant at the conduct of such a judge as Howel. Sir Thomas Smith, about a century before, had consider^ ed the fining, imprisoning, and punishing of juries, to be violent, tyrannical, and contrary to the custom of the realm of England. While the celebrated Sir Matthew Hale, who had been chief baron of the exchequer, and chief justice of the King's Bench, in this very reign, obsenred, in his Pleas of the Crown, p. 313, that it would be a most unhappy case for the judge himself, if the prisoner's fate depended upon his directions, and unhappy also for t'nc prisoner, as, if the judge's opinion must rule the verdict, the trial by jury would be useless. Edward iJusliel, a citizen of London, whose name de* ferves to be bunded down to postority with aj'plause, im- mrdiatcly sued oni n vit'i^oi habeas corpvF. ''j><>n the rc- ''f u. - "is- '■ ;», f^ j « i .' i||| ■■v j iiii ^ , 1 i mf^ ' ff r-- / 14 TniAL OF WILLIASI PENN. Ml 3 turn, it was stated, that he had been eommitted " for that, contrary to law, and against foil and clear evidence openlj given in court, and against the direction of the court in matter of law, he, as one of a jury, had acquitted William Penn and William ead, to the great obstruction of jus- tice." Thia cause was at length heard in the superior court; and, after a solemn argument before the twelve judges, the above was resolved to be ' an insufficient cause for fining and committing the jury.'— They were ae- eordingly discharged, and they brought actions for da- mages.— Journo/ of /urisfrudence. l: :!/-'''■■:., ■•) . '^■^'■[ '--i'f- ■iui't' '-^ "L .' n..:- 'S s'iU/'jf ^l!'.^U '<(.- ■t. ',11, ■ 5?8-r ~ in- -r.. ■■if''''i;. ;- i. t > • V \'-. ^ ■..- -\X ■■:■ ' ' • • ^"^i.. "■ ••■;• •i^^\!f<^iit- .'.'.- ' 1 : ■■' w ■*•'■' ■ "•■* V- ■jy-' t ■J ■ "1 '. 1 •-, y , ■ ., ,• i -,'■1. .;• .! t. ■r ' *C '" ■ ".iff 'V ...'■" '.»' ■4'"' -_••. nv :..■« •> '»': :■•■ "'i.^ ' 7.. •"^* .:?■:„..¥ X / .jrM 1 ^ .• rf ' . .^ , .^tr ' '* "A ' »:» ■-IV,;.. ; .' . • . •,- ifMM^'i*)!* HI ii m ?^"i-3aBB**ti»?i«-^'*rt«* '**'-■ / wi^*^*^'' *'^v I /)^ .k.>f'- W' -^fh. V-v? ■;*:■ ■ ■t^i*' ^? . ,■> W'-^ ':m,-