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nation at it in terms the most opprobrious in open court. The Recorder than addressed them as follows: “Gentlemen, you shall not be dismissed till we have a verdict such as the Court will accept; and you shall be locked up without meat, drink, fire, and tobacco : you shall not think thus to abuse : the Court: we will have a verdict by the help of God, or you shall starve for it.” ..

William Penn, upon hearing this address, immediately spoke as follows : “ My Jury, who are my judges, ought not to be thus menaced: their verdict should be free, and not compelled: the Bench ought to wait upon them, and not to forestall them. I do desire that justice may be done me, and that the arbitrary resolves of the Bench may not be made the measure of my Jury's verdict.”

Other words passed between them ; after - which the Court was about to adjourn, and

the Jury to be sent to their chamber, and the prisoners to their loathsome hole, when

William Penn observed, that the agreement • of twelve men was a verdict in law; and

such a verdict having been given by the Jury, he required the Clerk of the Peace to

record

record it, as he would answer it at his peril: and if the Jury brought in another verdict contrary to this, he affirmed, that they would be perjured in law. Then, turning to the Jury, he said additionally, “You are Englishmen, Mind your privilege. Give not away your right.” One of the Jury now pleaded indisposition, and desired to be dismissed. This request, however, was not granted. The Court on the other hand swore several persons to keep the Jury all night without meat, drink, fire, tobacco, or any other accommodation whatsoever, and then adjourned till seven the next morning. The next morning, which was September the fourth, happened to be Sunday. The Jury were again called in, but they returned the same verdict as before. The Bench now became outrageous, and indulged in the most vulgar and brutal language, such indeed as would be almost incredible if it were not upon record. The Jury were again charged, and again sent out of court: again they returned: again they delivered the same verdict: again they were threatened. William Penn having spoken against the injustlee

tice of the Court in having menaced the Jury, who were his judges by the Great Charter of England, and in having rejected their verdict, the Lord Mayor exclaimed, “ Stop his mouth, jailor; bring fetters, and stake him to the ground.” William Penn replied, “ Do your pleasure, I matter not your fetters." The Recorder observed, i Till now I never understood the reason of the policy and prudence of the Spaniards in suffering the Inquisition among them; and certainly it will never be well with us, till something like the Spanish Inquisition be in England." Upon this the Jury were ordered to withdraw to find another verdict: but they refused, saying, they had already given it, and that they could find no other, The Sheriff then forced them away. Seve. ral persons were immediately sworn to keep them without any accommodation as before, and the Court adjourned till seven the next morning. · On the fifth of September the Jury, who had received no refreshment for two days and two nights, were again called in, and the business resumed. The Court demanded a positive answer to these words, “ Guilty or Not guilty?" The Foreman of the Jury

replied

even

was

replied “ Not guilty.” Every juryman was then required to repeat this answer separately. This he did to the satisfaction of almost all in court. The following address and conversation then passed. Recorder.-“ Gentlemen of the Jury, I am

sorry you have followed your own judgements rather than the good advice which was given you. God keep my life out of your hands ! But for this the Court fines you forty marks a man, and im

prisonment till paid.” W. Penn.“ I demand my liberty, being

freed by the Jury.” Mayor.-—" No. You are in for your fines.” W. Penn._" Fines for what?" Mayor.-“ For contempt of Court.” W. Penn.“ I ask if it be according to the

fundamental laws of England, that any Englishman should be fined or amerced but by the judgement of his peers or jury, since it expressly contradicts the fourteenth and twenty-ninth chapters of the Great Charter of England, which says, “ No freeman shall be amerced but by the oath of good and lawful

men of the vicinage.” Récorder.“ Take him away.”

W. Penn.

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W. Penn.-" I can never urge the funda

mental laws of England but you cry Take him away; but it is no wonder, since the Spanish Inquisition has so great a place in the Recorder's heart. God, who is just, will judge you for

all these things.” These words were no sooner uttered than William Penn and his friend, William Mead, were forced into the bale-dock, from whence they were sent to Newgate. Every one of the Jury also were sent to the latter prison. The plea for this barbarous usage was, that both the prisoners and the Jury refused to pay the fine of forty marks which had been put upon each of them ; upon the former, because one of the Mayor's officers had put their hats upon their heads by his own command; and upon the latter, because they would not bring in a verdict, contrary to their own consciences, in compliance with the wishes of the Bench.

Thus ended this famous trial, through which, as sustained by William Penn with so much ability at the age of twenty-five, I have conducted the reader by as short a path as I well could, considering its vast importance; a trial, by which we see the assertion

proved,

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