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the love and gratitude of posterity, were Thomas Veer, Edward Bushel, John Hammond, Charles Milson, Gregory Walklet, John Brightman, William Plumstead, Henry Henley, James Damask, Henry Michel, William Lever, and John Baily.

The indictment stated among other falsehoods, that the prisoners had preached to an unlawful, seditious, and riotous assembly; that they had assembled by agreement made beforehand; and that they had met together with force and arms, and this to the great terror and disturbance of many of His Majesty's liege-subjects.

Very little was done on this day. The prisoners were brought to the bar; and having made their observations on several things as they passed, they pleaded Not guilty to the indictment. The Court was then adjourned. In the afternoon they were brought to the bar again; but they were afterwards set aside, being made to wait till after the trial of other prisoners.

On the third of September, the trial of those last mentioned being over, William Penn and Williain Mead were brought again into court. One of the officers, as they entered,

F 2

entered, pulled off their hats. Upon this the Lord Mayor became furious, and in a stern voice ordered him to put them on again. This being done, the Recorder fined each of the prisoners forty marks, observing that the circumstance of being covered there amounted to a contempt of Court.

The witnesses were then called in and examined. It appeared from their testimony, that on the fifteenth of August between three and four hundred persons were assembled in Gracechurch-street, and that they saw William Penn speaking to the people, but could not distinguish what he said. One, and one only, swore that he heard him preach; but on further examination he said, that he could not, on account of the noise, understand any one of the words spoken. With respect to William Mead, it was proved that he was there also, and that he was heard to say something; but nobody could tell what. This was in substance the whole of the evidence against them.

The witnesses having finished their testimony, William Penn acknowledged that both he and his friend were present at the place and time mentioned.

Their object

"We

in being there was to worship God. are so far (says he) from, recanting, or declining to vindicate the assembling of ourselves to preach, pray, or worship the eternal, holy, just God, that we declare to all the world, that we do believe it to be our indispensable duty to meet incessantly upon so good an account; nor shall all the powers upon earth be able to divert us from reverencing and adoring our God, who made us." These words were scarcely pronounced, when Brown, one of the sheriffs, exclaimed, that he was not there for worshiping God, but for breaking the law. William Penn replied, that he had broken no law, and desired to know by what law it was that they prosecuted him, and upon what law it was that they founded the indictment. The Recorder replied, The common law. William asked, where that law was. The Recorder did not think it worth while, he said, to run over all those adjudged cases for so many years, which they called common law, to satisfy his curiosity. William Penn thought, if the law were common, it should not be so hard to produce. He was then desired to plead to the indictment; but on delivering his senti

ments

ments on this point, he was pronounced a saucy fellow. The following is a specimen of some of the questions and answers at full length, which succeeded those now mentioned:

Recorder. The question is, whether

you are

guilty of this indictment. W. Penn.-The question is not, whether I am guilty of this indictment, but whether this indictment be legal. It is too general and imperfect an answer to say it is the common law, unless we know where and what it is; for where there is no law, there is no transgression; and that law which is not in being, is so far from being common, that it is no law at all. Recorder. You are an impertinent fellow.

Will you teach the Court what law is? It is lex non scripta, that which many have studied thirty or forty years to know, and would you have me tell you

in a moment?

W. Penn.-Certainly, if the common law be so hard to be understood, it is far from being very common; but if the Lord Coke in his Institutes be of any consi

deration,

deration, he tells us, that common law is common right, and that common right is the Great Charter privileges confirmed.

Recorder.-Sir, you are a troublesome fel

low, and it is not to the honour of the Court to suffer you to go on.

W. Penn-I have asked but one question, and you have not answered me, though

the rights and privileges of

every Englishman are concerned in it.

Recorder. If I should suffer you to ask questions till to-morrow morning, you would be never the wiser.

W. Penn.—That is according as the answers

are.

Recorder.-Sir, we must not stand to hear you talk all night.

W. Penn.-I design no affront to the Court, but to be heard in my just plea; and I must plainly tell you, that if you deny me the oyer of that law, which you say I have broken, you do at once deny me an acknowledged right, and evidence to the whole world your resolution to sacrifice the privileges of Englishmen to your arbitrary designs.

Recorder.

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