The Tryal of William Penn & William Mead for Causing a Tumult Part 3

MEAD. Thou mayst put on thy Hat, I have never a Free for thee now.

BROWN. He talks at random, one while an Independent, another while some other Religion, and now a Quaker, and next a Papist.

MEAD. _Turpe est doctori c.u.m culpa redarguit ad ipsum_.

MAY. You deserve to have your Tongue cut out.

REC. If you discourse on this Manner, I shall take Occasion against you.

MEAD. Thou didst promise me, I should have fair Liberty to be heard; why may I not have the Privilege of an _Englishman_? I am an _Englishman_, and you might be ashamed of this dealing.

REC. I look upon you to be an Enemy to the Laws of _England_, which ought to be observed and kept, nor are you worthy of such Privileges, as others have.

MEAD. The Lord is Judge between me and thee in this Matter.

OBSER. Upon which they took him away into the Bale-dock, and the Recorder proceeded to give the Jury their Charge, as followeth.

REC. 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 disturbed, you see they will go on; there are three or four Witnesses that have proved this, that he 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 upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your Peril.

OBSER. The Prisoners were put out of the Court into the Bale-dock, and the Charge given to the Jury in their Absence, at which _W. P._ with a very raised Voice, it being a considerable distance from the Bench, spake.

PEN. I appeal to the Jury, who are my Judges, and this great a.s.sembly, 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 opposite to, and destructive of, the undoubted Right of every _English_ Prisoner, as _Cook_ in the 2 _Inst.i.t_.

29. on the Chap. of _Magna Charta_, speaks.

OBSER. The Recorder being thus unexpectedly lash'd for his extrajudicial Procedure, said, with an inraged Smile.

REC. Why, ye are present, you do hear, do you not?

PEN. 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 invalid their Indictment.

REC. Pull that Fellow down, pull him down.

MEAD. Are these according to the Rights and Privileges of _Englishmen_, that we should not be heard, but turned into the Bale-dock, for making our Defence, and the Jury to have their Charge given them in our Absence; I say these are barbarous and unjust Proceedings.

REC. Take them away into the Hole: To hear them talk all Night, as they would, that I think doth not become the Honour of the Court, and I think you (i. e. the Jury) your selves would be tired out, and not have Patience to hear them.

OBSER. The Jury were commanded up to agree upon their Verdict, the Prisoners remaining in the stinking Hole. After an Hour and half's time eight came down agreed, but four remained above; the Court sent an Officer for them, and they accordingly came down. The Bench used many unworthy Threats to the four that dissented; and the Recorder, addressing himself to _Bushel_, said, _Sir, You are the Cause of this Disturbance, and manifestly shew your self an Abettor of Faction; I shall set a Mark upon you, Sir_.

J. ROBINSON. Mr. _Bushel_, I have known you near this fourteen Years; you have thrust your self upon this Jury, because you think there is some Service for you. I tell you, you deserve to be indicted more than any Man that hath been brought to the Bar this Day.

BUSHEL. No, Sir _John_, there were threescore before me, and I would willingly have got off, but could not.

BLOODW. I said, when I saw Mr. _Bushel_, what I see is come to pa.s.s, for I knew he would never yield. Mr. _Bushel_, we know what you are.

MAY. Sirrah, you are an impudent Fellow, I will put a Mark upon you.

OBSER. They used much menacing Language, and behaved themselves very imperiously to the Jury, as Persons not more void of Justice than sober Education: After this barbarous Usage, they sent them to consider of bringing in their Verdict, and after some considerable time they returned to the Court. Silence was call'd for, and the Jury call'd by their Names.

CLER. Are you agreed upon your Verdict?

JURY. Yes.

CLER. Who shall speak for you?

JURY. Our Fore-man.

CLER. Look upon the Prisoners at the Bar. How say you? Is _William Penn_ Guilty of the Matter whereof he stands indicted in Manner and Form, or Not Guilty?

FORE-M. Guilty of Speaking in Gracechurch-Street.

COURT. Is that all?

FORE-M. That is all I have in Commission.

REC. You had as good say nothing.

MAY. Was it not an unlawful a.s.sembly? You mean he was speaking to a Tumult of People there?

FORE-M. My Lord, This is all I had in Commission.

OBSER. Here some of the Jury seemed to buckle to the Questions of the Court; upon which, _Bushel, Hammond_, and some others, opposed themselves, and said, they allowed of no such Word, as an unlawful a.s.sembly in their Verdict; at which the Recorder, Mayor, _Robinson_ and _Bloodworth_ took great occasion to villifie them with most opprobrious Language; and this Verdict not serving their Turns, the Recorder express'd himself thus.

REG. The Law of _England_ will not allow you to part till you have given in your Verdict.

JURY. We have given in our Verdict, and we can give in no other.

REC. Gentlemen, you have not given in your Verdict, and you had as good say nothing; therefore go and consider it once more, that we may make an end of this troublesome Business.

JURY. We desire we may have Pen, Ink and Paper.

OBSER. The Court adjourn'd for half an Hour; which being expired, the Court returns, and the Jury not long after.

The Prisoners were brought to the Bar, and the Jury's Names called over.

CLER. Are you agreed of your Verdict?

JUR. Yes.

CLER. Who shall speak for you?

JUR. Our Fore-man.

CLER. What say you, look upon the Prisoners: Is _William Penn_ Guilty in Manner and Form, as he stands indicted, or Not Guilty?

FORE-M. Here is our Verdict, holding forth a piece of Paper to the Clerk of the Peace, which follows;

We _the Jurors, hereafter named, do find_ William Penn _to be Guilty of Speaking or Preaching to an a.s.sembly, met together in_ Gracechurch-Street, _the 14th of August last, 1670_. _And that_ William Mead is _Not guilty of the said Indictment_.

Fore-m. _Thomas Veer, Edward Bushel, John Hammond, Henry Henley, Henry Michel, John Brightman, Charles Milson, Gregory Walklet, John Baily, William Lever, James Damask, Wil. Plumsted._