,,the ,,tryal  ,,of  ,william ,penn     
,william ,mead  ,,for  ,,causing ,a     
,,tumult  ,at the ,,sessions held at the
 ,,old ,,bailey  in ,,london  the       
#a,,st1 #c;,d1 #d,,th1 and #e,,th of    
,,september  #afgj         99       99  
99       99       99  ,done by          
,themselves  ,,transcribed from the     
,,compleat ,,collection  of ,,state     
,,tryals  ,,first ,,published ,,in #agai
 and ,,edited by  ,,don ,c4 ,,seitz     
,to the ,memory  of  ,,thomas           
,,jefferson  ,,which ,,needs ,,frequent 
,,refreshing     ,,foreword   ,liberty1 
,equality and ,fraternity have been     
preached through all time but it was    
left for ,william ,penn1 the ,quaker1 to
 come nearer establishing the ideal of  
this ,trinity than any other being      
called ,human before or since his day4  
,it may be argued that more was due to  
the ,faith he held than to the ,man4    
,yet this must be answered that it took 
some more than ordinary ,man to absorb  
and fulfill the requirements of such a  

,faith4 ,there have been many ,quakers  
and but one ,penn6  ,born on the #aeth  
of ,october1 #afdd1 in the angry days of
 the ,roundhead ,revolt1 his early years
 were spent in an intensely religious   
atmosphere that saturated his soul1 but 
at the same time bred detestation of    
bigotry and persecution4 ,if he seemed  
to be performing out of his class       
because of his family's eminence1 it    
should be recalled that this was        
acquired1 not inherited4 ,his father1   
,admiral ,sir ,william ,penn1 was the   
son of ,giles ,penn1 a merchant         
navigator trading into the              
,mediterranean1 and his wife ,margaret  
,jasper1 daughter of ,hans ,jasper1 a   
sea trader of ,rotterdam3 ,from these   
forbears the youth received independence
 of thought and firmness of mind4 ,he   
was therefore less of an anomaly than he
 appeared to be4  ,the rigid religious  
rule of ,cromwell1 under which he had   
spent his youthful years1 had passed and
 in its stead befell a period of loose  

living and easy ways4 ,puritanism1      
though speaking and acting in the name  
of ,liberty1 possessed but little of    
that quality either for mind or body4   
,in setting up for the great cause he   
fared as well1 or better1 with all his  
persecutions1 than did his ,quaker      
brethren in that ,new ,england which had
 been founded for opinion's sake4       
,entering ,oxford at fifteen the boy    
soon fell under the influence of ,thomas
 ,loe1 a preacher of ,quaker doctrine   
and became imbued with his teachings4   
,this clashed at once with his          
surroundings and the ,college           
requirements4 ,he refused to attend     
chapel or to wear the customary gown1   
deeming it a sort of surplice4 ,a little
 group of students who had accepted     
,loe's principles joined him in this    
obduracy1 going so far as to strip the  
gowns from the persons of willing       
wearers4 ,this led to his expulsion4    
,samuel ,pepys mentions him in his diary
 on ,october #cast1 #affa1 as having but

 come from ,oxford and meeting his      
father at ,pepys' house4 ,on the #beth  
of ,january1 #affb1 the ,admiral        
discussed with ,pepys a plan for sending
 his son to ,cambridge or some private  
college4 ,pepys undertook to write ,dr4 
,fairbrother and inquire into the merits
 of ,hezekiah ,burton at ,magdalen1 as  
an instructor for the difficult youth4  
,it was impossible to fit him into any  
school under the dominion of the ,church
 of ,england and in wrath his father    
forbade him the house4 ,his mother      
interceded1 with the result that he was 
sent to ,europe for the grand tour1     
presumably with outward success1 for on 
,august #f1 #affd1 ,mrs4 ,pepys informs 
,samuel that ,mr4 ,pen1 ,sir ,william's 
son1 is come back from ,france and come 
to visit her4 ,a most modish person1    
grown1 she says1 a fine gentleman4      
,after dinner on the #cjth of the same  
month comes ,mr4 ,pen to visit me1 and  
staid an hour talking with me4 ,i       
perceive something of learning he has   

got1 but a great deal1 if not too much  
of the vanity of the ,french garb and   
affected manner of speech and gait4 ,i  
fear all real profit he hath made of his
 travel will signify little4  ,the home 
coming soon stripped ,penn of the vanity
 of the ,french garb1 and he became once
 more a problem4 ,he tried the study of 
law1 but could not interest himself in  
it4 ,to keep him out of the way and     
repress his dangerous thoughts he was   
given the management in #affe1 of an    
estate owned by the ,admiral in         
,ireland1 where he went and did as he   
pleased1 falling in again with ,thomas  
,loe and resuming his ,quaker views4    
,december #bith1 #affg1 ,pepys records a
 call from ,mrs4 ,turner 444and there1  
among other talk1 she tells me that ,mr4
 ,william ,pen1 who is lately come over 
from ,ireland1 is a ,quaker again1 or   
some very melancholy thing2 that he     
cares for no company1 nor comes into    
any2 which is a pleasant thing1 after   
his being abroad so long1 and his father

 such a hypocritical rogue and at this  
time an ,atheist4  ,this return he      
signalized by intense activity in       
pressing ,quakerism upon the public1 to 
the vexation of his father who was one  
of the notables of ,england1 as ,admiral
 both under ,cromwell and the ,king4 ,he
 had commanded the fleet of the ,lord   
,protector which wrested the rich       
,island of ,jamaica from ,spain and as  
one of the three commissioners of the   
,navy1 laid the foundation for that     
,british fleet which has ever since     
played so large a part in the history of
 the world4 ,he was the practical man of
 the commission1 from whom ,james1 ,duke
 of ,york1 afterwards1 and very briefly 
,king1 took most of his advice4 ,he     
reformed the higgledy-piggledy naval    
tactics of the time and taught the      
commanders to attack the enemy in line1 
the most important change in the sea    
annals of his country4 ,knighted in     
#affe for service against the ,dutch he 
failed of the peerage because of the    

public prejudice against his son1 which 
deterred the ,king from giving him an   
honor as high as he deserved4 ,as ,clerk
 of the ,acts1 ,pepys was much in       
contact with him socially and           
officially4 ,the famous diary teems with
 references1 many of them convivial1    
others most unkind4 ,he was faithful to 
the commonwealth as long as it was      
faithful to itself4 ,perceiving that it 
could not hold together after the death 
of ,cromwell he joined with ,george     
,monk in bringing about the restoration 
of the ,stuarts4  ,against this         
background of paternal distinction1 the 
young reformer shone invidiously and    
brought his father great chagrin by his 
association with carpenters and weavers 
in their non-conformist agitations4 ,he 
preached in poor halls and in the       
streets4 ,the newspaper1 not having     
arrived1 he took to pamphleteering to   
spread his doctrines4 ,this activity    
reached a crisis in #affi4 ,writing in  
his diary under date of ,february #ab1  

#affi1 ,pepys says3 444,felling hath got
 me ,w4 ,pen's book against the         
,trinity4 ,i got my wife to read it to  
me2 and ,i find it so well writ as1 ,i  
think1 it is too good for him ever to   
have writ it1 and it is a serious sort  
of book not fit for everybody to read4  
,the extended title of this work was    
,the ,sandy ,foundation ,shaken--or     
those 444,doctrines of one ,god         
subsisting in three distinct and        
separate persons2 the impossibility of  
,god's pardoning persons by an          
imputative refuted from the authority of
 scripture testimonies and right reason1
 etc4  ,it was a drastic review of the  
doctrine of the ,trinity and as the     
title implies1 undertook to prove that  
the majestic edifice of the ,state      
,church was not founded upon a rock4 ,it
 created much excitement and speedily   
landed its author in the ,tower4 ,here  
he remained nine months1 unrepentant and
 writing more pious sedition1 to wit3   
,no ,cross ,no ,crown1 and ,innocency   

,with ,her ,open ,face4 ,these were     
further polemics against ,episcopacy4   
,the ,king having no heart for          
persecution1 and the ,duke of ,york1 who
 was a firm friend1 contrived to have   
the prisoner released on the #dth of    
,august and turned over to his father to
 be transported to some spot where he   
would be less troublesome4 ,this plan   
was not seriously carried out4 ,indeed  
the ,admiral's days were numbered4 ,he  
died after a year's illness1 on the     
#afth of ,september1 #afgj4  ,penn's    
prominence and influence increased with 
the death of his father4 ,it was plain  
that no ordinary mind directed his      
actions4 ,respect followed4 ,he took    
much part in public matters and as      
umpire in a dispute between ,fenwick and
 ,byllinge1 two ,quakers1 over some land
 rights in ,new ,jersey1 he developed an
 interest in the ,new ,world and planned
 to found in it a place of refuge for   
those persecuted in ,old and ,new       
,england for opinion's sake4 ,this      

desire was readily carried out4 ,by     
fortunate chance the ,crown owed        
,admiral ,penn's estate some #hj1jjj4   
,to pay this debt and be rid of an      
agitator1 the shrewd ,king made an easy 
adjustment in #afha by handing over to  
the heir a vast province between the    
,delaware and the ,ohio1 in return for  
an annual tribute of two beaver skins1  
to be paid for ninety-nine years4  ,here
 the idealist created his elysium and   
came as close to making one as the      
curious animal he sought to benefit     
would permit4 ,the ,king set forth in   
writing the ,grant that it was due the  
memory and merits of ,sir ,william ,penn
 in divers services1 and particularly   
his conduct1 courage and discretion     
under our dearest brother1 ,james1 ,duke
 of ,york1 in that signal battle and    
victory fought and obtained against the 
,dutch fleet commanded by the ,heer ,van
 ,opdam1 in #affe4  ,not to be outdone  
by his ,royal brother1 ,james threw in  
the ,province of ,delaware to which he  

held the fee1 out of a special regard to
 the memory and many faithful and       
eminent services heretofore performed by
 the said ,sir ,william ,penn to his    
,majesty and ,royal ,highness4 ,this    
under date of ,august #bast1 #afhb4  ,it
 was ,penn's purpose to call his        
,paradise ,sylvania1 because of its     
wooded vales1 but the ,king1 with his   
obligation to the ,admiral well in mind 
neatly prefixed ,penn to the fanciful   
selection and it became justly and      
rightly ,pennsylvania not in memory of  
,william1 but of his valiant father4    
,charles ,,ii was an able politician and
 understood human nature4 ,often accused
 of ingratitude and seldom deserving the
 charge1 with a willingness to perform a
 good action as readily as a bad one1 he
 acted perhaps in languid memory of the 
mistake made by his heedless father when
 he stayed the departure of ,cromwell   
for the ,new ,world1 where he had       
resolved to go and never see ,england   
more1--determining that there should be 

no repetition of history so far as he   
was concerned by repressing a zealot in 
narrow quarters near home4  ,thus       
,charles for once at least1 belied the  
couplet scrawled upon his chamber door  
by the ribald ,earl of ,rochester3      
,here lies our sovereign lord the ,king 
,whose word no man relies on2   ,he     
never says a foolish thing     ,nor ever
 does a wise one4   ,his sayings1       
,charles aptly replied1 were his own2   
his acts those of his ministers4 ,he    
ordered well indeed when he placed ,penn
 where he did in the ,new ,world and he 
meant wisely when he decreed that the   
red races should possess1 free and      
forever1 the lands beyond the           
,alleghanies4 ,with ,penn's venture we  
need have no more to do than to recall  
that so long as his control lasted or   
his wishes extended1 the ,pennsylvania  
,indians and their cousins of ,new ,york
 and ,ohio1 were at peace with the      
whites2 that his words and those of his 
agents were trusted2 that ,pennsylvania 

sheltered the persecuted ,palatines and 
that the ,liberty ,bell first rang in   
the city he had named ,philadelphia--the
 ,city of ,brotherly ,love6  ,the ,trial
 here recited began in ,london1 on the  
first of ,september1 #afgj1 a fortnight 
before his father's death1 while the    
disturbance of which it was the         
outgrowth1 occurred on the fourth of    
,august preceding4  ,the text is        
repeated from the report embedded in the
 second volume of the four great folios1
 comprising ,a ,compleat ,collection of 
,state ,tryals1 covering the period of  
,english justice and injustice from the 
reign of ,king ,henry the ,fourth to the
 end of that of ,anne1 printed for six  
venturesome ,london booksellers1        
,timothy ,goodwin1 ,john ,walthoe1      
,benjamin ,tooke1 ,john ,darby1 ,jacob  
,tonson1 and ,john ,walthoe1 ,junior1 in
 #agai1 where is found this first record
 of a legal effort to punish free speech
 among the ,english race--and by the    
same token to vindicate it4 ,reported by

 the accused1 it no less reads fair4    
,the ,observer whose comments interlard 
and conclude the ,tryal was ,penn4 ,it  
was a rare proceeding in which both     
prisoners and jury ended up in jail for 
their obduracy in maintaining that right
 to speak as we may1 which is still one 
of the most difficult to maintain1 and  
yet remains the foundation of human     
liberty4  ,d4 ,c4 ,s4  ,,cos ,,cob1     
,,conn41  ,march #ae1 #aiai4      ,,the 
,,tryal of ,,william ,,penn and         
,,william ,,mead1   at the ,sessions    
held at the ,old ,baily in ,london1     
the #ast1 #crd1 #dth1 and #eth of       
,september1 #afgj4   ,done by           
themselves4         ,,present    ,,sam4 
,,starling1 ,mayor    ,,tho4 ,,howel1   
,recorder4    ,,tho4 ,,bloodworth1      
,alderman4    ,,william ,,peak1         
,alderman4    ,,john ,,robinson1        
,alderman4    ,,richard ,,ford1         
,alderman4    ,,joseph ,,shelden1       
,alderman4    ,,john ,,smith1 ,,james   
,,edwards1 ,,richard ,,browne1          

,sheriffs4   ,,cryer4 ,o ,yes1 ,thomas  
,veer1 ,edward ,bushel1 ,john ,hammond1 
,charles ,milson1 ,gregory ,walklet1    
,john ,brightman1 ,william ,plumsted1   
,henry ,henley1 ,thomas ,damask1 ,henry 
,michel1 ,william ,lever1 ,john ,baily4 
,the ,form of the ,,oath4      ,you     
shall well and truly ,try1 and true     
,deliverance make betwixt our ,sovereign
     ,lord the ,king1 and the ,prisoners
 at the     ,bar1 according to your     
,evidence4     ,so help you ,god4  ,that
 ,william ,penn1 ,gent4 and ,william    
,mead1 late of ,london1 ,linnen-,draper1
 with divers other ,persons to the      
,jurors unknown1 to the ,number of #cjj1
 the #adth ,day of ,august1 in the #bb;d
 ,year of the ,king1 about ,eleven of   
the ,clock in the ,forenoon1 the same   
,day1 with ,force and ,arms1 c4 in the  
,parish of ,st4 ,bennet ,gracechurch in 
,bridge-,ward1 ,london1 in the ,street  
called ,gracechurch-,street1 unlawfully 
and tumultuously did ,assemble and      
,congregate themselves together1 to the 

,disturbance of the ,peace of the said  
,lord the ,king3 ,and the aforesaid     
,william ,penn and ,william ,mead1      
together with other ,persons to the     
,jurors aforesaid unknown1 then and     
there so ,assembled and ,congregated    
together2 the aforesaid ,william ,penn1 
by ,agreement between him and ,william  
,mead before made1 and by ,abetment of  
the aforesaid ,william ,mead1 then and  
there1 in the open ,street1 did take    
upon himself to ,preach and ,speak1 and 
then and there did ,preach and ,speak   
unto the aforesaid ,william ,mead1 and  
other ,persons there1 in the ,street    
aforesaid1 being ,assembled and         
,congregated together1 by ,reason       
whereof a great ,concourse and ,tumult  
of ,people in the ,street aforesaid1    
then and there1 a long time did remain  
and continue1 in contempt of the said   
,lord the ,king1 and of his ,law1 to the
 great ,disturbance of his ,peace2 to   
the great ,terror and ,disturbance of   
many of his ,leige ,people and          

,subjects1 to the ill ,example of all   
others in the like ,case ,offenders1 and
 against the ,peace of the said ,lord   
the ,king1 his ,crown and ,dignity4     
,what say you1 ,william ,penn and       
,william ,mead1 are you ,guilty1 as you 
stand indicted1 in ,manner and ,form1 as
 aforesaid1 or ,not ,guilty8  ,,penn4   
,it is impossible1 that we should be    
able to remember the ,indictment        
verbatim1 and therefore we desire a     
,copy of it1 as is customary in the like
 ,occasions4  ,,recorder4 ,you must     
first plead to the ,indictment1 before  
you can have a ,copy of it4  ,,pen4 ,i  
am unacquainted with the ,formality of  
the ,law1 and therefore1 before ,i shall
 answer directly1 ,i request two ,things
 of the ,court4 ,first1 that no         
,advantage may be taken against me1 nor 
,i deprived of any ,benefit1 which ,i   
might otherwise have received4          
,secondly1 that you will promise me a   
fair hearing1 and liberty of making my  
,defence4  ,,court4 ,no ,advantage shall

 be taken against you2 you shall have   
,liberty2 you shall be heard4  ,,pen4   
,then ,i plead ,not guilty in ,manner   
and ,form4  ,,clerk4 ,what sayest thou1 
,william ,mead1 art thou ,guilty in     
,manner and ,form1 as thou standest     
indicted1 or ,not guilty8  ,,mead4 ,i   
shall desire the same ,liberty as is    
promised ,william ,penn4  ,,court4 ,you 
shall have it4  ,,mead4 ,then ,i plead  
,not guilty in ,manner and ,form4  ,the 
,court adjourn'd until the ,afternoon4  
99       99       99       99       99  
,,cryer4   ,o ,yes1 c4  ,,cler4 ,bring  
,william ,penn and ,william ,mead to the
 ,bar4  ,,observ4 ,the said ,prisoners  
were brought1 but were set aside1 and   
other ,business prosecuted4 ,where we   
cannot choose but observe1 that it was  
the constant and unkind ,practices of   
the ,court to the ,prisoners1 to make   
them wait upon the ,trials of ,felons   
and ,murderers1 thereby designing1 in   
all probability1 both to affront and    
tire them4  ,after five ,hours          

,attendance1 the ,court broke up and    
adjourned to the third ,instant4        
99       99       99       99       99  
,the third of ,september #afgj1 the     
,court sate4  ,,cryer4 ,o ,yes1 c4      
,,cler4 ,bring ,william ,penn and       
,william ,mead to the ,bar4  ,,mayor4   
,sirrah1 who bid you put off their      
,hats8 ,put on their ,hats again4       
,,obser4 ,whereupon one of the ,officers
 putting the ,prisoners ,hats upon their
 ,heads 7pursuant to the ,order of the  
,court7 brought them to the ,bar4       
,,record4 ,do you know where you are8   
,,pen4 ,yes4  ,,record4 ,do not you know
 it is the ,king's ,court8  ,,pen4 ,i   
know it to be a ,court1 and ,i suppose  
it to be the ,king's ,court4  ,,record4 
,do you not know there is ,respect due  
to the ,court8  ,,pen4 ,yes4  ,,record4 
,why do you not pay it then8  ,,pen4 ,i 
do so4  ,,record4 ,why do you not pull  
off your ,hat then8  ,,pen4 ,because ,i 
do not believe that to be any ,respect4 
,,record4 ,well1 the ,court sets forty  

,marks a piece upon your ,heads1 as a   
,fine for your ,contempt of the ,court4 
,,pen4 ,i desire it might be observed1  
that we came into the ,court with our   
,hats off 7that is1 taken off7 and if   
they have been put on since1 it was by  
,order from the ,bench2 and therefore   
not we1 but the ,bench should be fined4 
,,mead4 ,i have a ,question to ask the  
,recorder4 ,am ,i fined also8  ,,record4
 ,yes4  ,,mead4 ,i desire the ,jury1 and
 all ,people to take notice of this     
,injustice of the ,recorder2 who spake  
to me to pull off my ,hat8 and yet hath 
he put a ,fine upon my ,head4 ,o fear   
the ,lord1 and dread his ,power1 and    
yield to the ,guidance of his ,holy     
,spirit1 for he is not far from every   
one of you4  ,the ,jury sworn again4    
,,obser4 ,j4 ,robinson1 ,lieutenant of  
the ,tower1 disingenuously objected     
against ---- ,bushel1 as if he had not  
kiss'd the ,book1 and therefore would   
have him sworn again2 tho' indeed it was
 on purpose to have made use of his     

,tenderness of ,conscience in avoiding  
reiterated ,oaths1 to have put him by   
his being a ,jury-man1 apprehending him 
to be a ,person not fit to answer their 
,arbitrary ,ends4  ,the ,clerk read the 
,indictment1 as aforesaid4  ,,clerk4    
,cryer1 ,call ,james ,cook into the     
,court1 give him his ,oath4  ,,clerk4   
,james ,cook1 lay your ,hand upon the   
,book4  ,the ,evidence you shall give to
 the ,court1 betwixt our ,sovereign the 
,king1 and the ,prisoners at the ,bar1  
shall be the ,truth1 and the whole      
,truth1 and nothing but the ,truth4 ,so 
help you ,god4  ,,cook4 ,i was sent for1
 from the ,exchange1 to go and disperse 
a ,meeting in ,gracechurch-,street1     
where ,i saw ,mr4 ,penn speaking to the 
,people1 but ,i could not hear what he  
said1 because of the ,noise2 ,i         
endeavoured to make way to take him1 but
 ,i could not get to him for the ,crowd 
of ,people2 upon which ,capt4 ,mead came
 to me1 about the ,kennel of the        
,street1 and desired me to let him go   

on2 for when he had done1 he would bring
 ,mr4 ,penn to me4  ,,court4 ,what      
,number do you think might be there8    
,,cook4 ,about three or four ,hundred   
,people4  ,,court4 ,call ,richard ,read1
 give him his ,oath4  ,,read being sworn
 was ask'd1 what do you know concerning 
the ,prisoners at the ,bar8  ,,read4 ,my
 ,lord1 ,i went to ,gracechurch-,street1
 where ,i found a great ,crowd of       
,people1 and ,i heard ,mr4 ,penn preach 
to them2 and ,i saw ,capt4 ,mead        
speaking to ,lieutenant ,cook1 but what 
he said1 ,i could not tell4  ,,mead4    
,what did ,william ,penn say8  ,,read4  
,there was such a great ,noise1 that ,i 
could not tell what he said4  ,,mead4   
,jury1 observe this ,evidence1 ,he saith
 he heard him ,preach1 and yet faith1 he
 doth not know what he said4  ,jury1    
take notice1 he swears now a clean      
contrary thing to what he swore before  
the ,mayor when we were committed3 ,for 
now he swears that he saw me in         
,gracechurch-,street1 and yet swore     

before the ,mayor1 when ,i was          
committed1 that he did not see me there4
 ,i appeal to the ,mayor himself1 if    
this be not true4 ,but no ,answer was   
given4  ,,court4 ,what ,number do you   
think might be there8  ,,read4 ,about   
four or five hundred4  ,,penn4 ,i desire
 to know of him what ,day it was8       
,,read4 ,the #adth ,day of ,august4     
,,pen4 ,did he speak to me1 or let me   
know he was there2 for ,i am very sure  
,i never saw him4  ,,cler4 ,cryer1 call 
---- ---- into the ,court4  ,,cler4     
,give him his ,oath4  ---- ,my ,lord1 ,i
 saw a great ,number of ,people1 and    
,mr4 ,penn ,i suppose was speaking2 ,i  
see him make a ,motion with his ,hands1 
and heard some ,noise1 but could not    
understand what he said4 ,but for ,capt4
 ,mead1 ,i did not see him there4       
,,rec4 ,what say you1 ,mr4 ,mead1 were  
you there8  ,,mead4 ,it is a ,maxim in  
your own ,law1 ,nemo tenetur accusare   
seipsum1 which if it be not true ,latin1
 ,i am sure it is true ,english1 ,that  

no ,man is bound to accuse himself3 ,and
 why dost thou offer to ensnare me with 
such a ,question8 ,doth not this shew   
thy ,malice8 ,is this like unto a       
,judge1 that ought to be ,counsel for   
the ,prisoner at the ,bar8  ,,rec4 ,sir1
 hold your ,tongue1 ,i did not go about 
to ensnare you4  ,,pen4 ,i desire we may
 come more close to the ,point1 and that
 ,silence be commanded in the ,court4   
,,cry4 ,o yes1 all manner of ,persons   
keep ,silence upon ,pain of             
,imprisonment--,silence ,court4  ,,pen4 
,we confess our selves to be so far from
 recanting1 or declining to vindicate   
the ,assembling of our selves to        
,preach1 ,pray1 or ,worship the         
,eternal1 ,holy1 ,just ,god1 that we    
declare to all the ,world1 that we do   
believe it to be our indispensable      
,duty1 to meet incessantly upon so good 
an ,account2 nor shall all the ,powers  
upon ,earth be able to divert us from   
reverencing and adoring our ,god who    
made it4  ,,brown4 ,you are not here for

 worshipping ,god1 but for breaking the 
,law2 you do yourselves a great deal of 
,wrong in going on in that ,discourse4  
,,pen4 ,i affirm ,i have broken no ,law1
 nor am ,i guilty of the ,indictment    
that is laid to my ,charge2 and to the  
,end the ,bench1 the ,jury1 and my self1
 with these that hear us1 may have a    
more direct ,understanding of this      
,procedure1 ,i desire you would let me  
know by what ,law it is you prosecute   
me1 and upon what ,law you ground my    
,indictment4  ,,rec4 ,upon the ,common  
,law4  ,,pen4 ,where is that ,common    
,law8  ,,rec4 ,you must not think that  
,i am able to run up so many ,years1 and
 over so many adjudged ,cases1 which we 
call ,common ,law1 to answer your       
,curiosity4  ,,pen4 ,this ,answer ,i am 
sure is very short of my ,question1 for 
if it be ,common1 it should not be so   
hard to produce4  ,,rec4 ,sir1 will you 
plead to your ,indictment8  ,,pen4      
,shall ,i plead to an ,indictment that  
hath no ,foundation in ,law8 ,if it     

contain that ,law you say ,i have       
broken1 why should you decline to       
produce that ,law1 since it will be     
impossible for the ,jury to determine1  
or agree to bring in their ,verdict1 who
 have not the ,law produced1 by which   
they should measure the ,truth of this  
,indictment1 and the ,guilt1 or contrary
 of my ,fact8  ,,rec4 ,you are a sawcy  
,fellow1 speak to the ,indictment4      
,sidenote3 ,obser4 ,at this time several
 upon the ,bench urged hard upon the    
,prisoner to bear him down4  ,,pen4 ,i  
say1 it is my place to speak to ,matter 
of ,law2 ,i am arraign'd a ,prisoner2 my
 ,liberty1 which is next to ,life it    
self1 is now concerned3 ,you are many   
,mouths and ,ears against me1 and if ,i 
must not be allowed to make the best of 
my ,case1 it is hard4 ,i say again1     
unless you shew me1 and the ,people1 the
 ,law you ground your ,indictment upon1 
,i shall take it for granted your       
,proceedings are meerly ,arbitrary4     
,,rec4 ,the ,question is1 whether you   

are guilty of this ,indictment8  ,,pen4 
,the ,question is not whether ,i am     
guilty of this ,indictment1 but whether 
this ,indictment be legal4 ,it is too   
general and imperfect an ,answer1 to say
 it is the ,common ,law1 unless we knew 
both where1 and what it is3 ,for where  
there is no ,law1 there is no           
,transgression2 and that ,law which is  
not in being1 is so far from being      
,common1 that it is no ,law at all4     
,,rec4 ,you are an impertinent ,fellow1 
will you teach the ,court what ,law is8 
,it's ,lex non scripta1 that which many 
have studied thirty or forty ,years to  
know1 and would you have me to tell you 
in a ,moment8  ,,pen4 ,certainly1 if the
 ,common ,law be so hard to be          
understood1 it's far from being very    
,common2 but if the ,lord ,cook1 in his 
,institutes1 be of any ,consideration1  
he tells us1 ,that ,common ,law is      
,common ,right1 and that ,common ,right 
is the ,great ,charter-,privileges3     
,confirmed #i ,hen4 #c4 #bi4 #be ,edw4  

,i4 i4 #b ,edw4 #c4 #h4 ,cook ,instit4  
#b p4 #ef4  ,,rec4 ,sir1 you are a      
troublesome ,fellow1 and it is not for  
the ,honour of the ,court to suffer you 
to go on4  ,,pen4 ,i have asked but one 
,question1 and you have not answer'd me2
 tho' the ,rights and ,privileges of    
every ,englishman be concerned in it4   
,,rec4 ,if ,i should suffer you to ask  
,questions till to ,morrow ,morning1 you
 would be never the wiser4  ,,pen4 ,that
 is according as the ,answers are4      
,,rec4 ,sir1 we must not stand to hear  
you talk all ,night4  ,,pen4 ,i design  
no ,affront to the ,court1 but to be    
heard in my just ,plea3 ,and ,i must    
plainly tell you1 that if you will deny 
me ,oyer of that ,law1 which you suggest
 ,i have broken1 you do at once deny me 
an acknowledged ,right1 and evidence to 
the whole ,world your ,resolution to    
sacrifice the ,privileges of ,englishmen
 to your sinister and ,arbitrary        
,designs4  ,,rec4 ,take him away4 ,my   
,lord1 if you take not some ,course with

 this pestilent ,fellow1 to stop his    
,mouth1 we shall not be able to do any  
thing to ,night4  ,,mayor4 ,take him    
away1 take him away1 turn him into the  
,bale-dock4  ,,pen4 ,these are but so   
many vain ,exclamations2 is this        
,justice or true ,judgment8 ,must ,i    
therefore be taken away because ,i plead
 for the ,fundamental ,laws of ,england8
 ,however1 this ,i leave upon your      
,consciences1 who are of the ,jury 7and 
my sole ,judges7 that if these ,ancient 
,fundamental ,laws1 which relate to     
,liberty and ,property1 and 7are not    
limited to particular ,persuasions in   
,matters of ,religion7 must not be      
indispensibly maintained and observed4  
,who can say he hath ,right to the ,coat
 upon his ,back8 ,certainly our         
,liberties are openly to be invaded1 our
 ,wives to be ravished1 our ,children   
slaved1 our ,families ruined1 and our   
,estates led away in ,triumph1 by every 
sturdy ,beggar and malicious ,informer1 
as their ,trophies1 but our 7pretended7 

,forfeits for ,conscience sake4 ,the    
,lord of ,heaven and ,earth will be     
,judge between us in this ,matter4      
,,rec4 ,be silent there4  ,,pen4 ,i am  
not to be silent in a ,case wherein ,i  
am so much concerned1 and not only my   
self1 but many ten thousand ,families   
besides4  ,,obser4 ,they having rudely  
haled him into the ,bale-dock1 ,william 
,mead they left in ,court1 who spake as 
followeth4  ,,mead4 ,you ,men of the    
,jury1 here ,i do now stand1 to answer  
to an ,indictment against me1 which is a
 ,bundle of ,stuff1 full of ,lyes and   
,falshoods2 for therein ,i am accused1  
that ,i met ,vi  armis1 illicite        
tumultuose3 ,time was1 when ,i had      
,freedom to use a carnal ,weapon1 and   
then ,i thought ,i feared no ,man2 but  
now ,i fear the ,living ,god1 and dare  
not make use thereof1 nor hurt any ,man2
 nor do ,i know ,i demeaned my self as a
 tumultuous ,person3 ,i say1 ,i am a    
peaceable ,man1 therefore it is a very  
proper ,question what ,william ,penn    

demanded in this ,case1 ,an ,oyer of the
 ,law1 in which our ,indictment is      
grounded4  ,,rec4 ,i have made ,answer  
to that already4  ,,mead4 ,turning his  
,face to the ,jury1 saith1 you ,men of  
the ,jury1 who are my ,judges1 if the   
,recorder will not tell you what makes a
 ,riot1 a ,rout1 or an unlawful         
,assembly1 ,cook1 he that once they     
called the ,lord ,cook1 tells us what   
makes a ,riot1 a ,rout1 and an unlawful 
,assembly--,a ,riot is when three1 or   
more1 are met together to beat a ,man1  
or to enter forcibly into another ,man's
 ,land1 to cut down his ,grass1 his     
,wood1 or break down his ,pales4        
,,obser4 ,here the ,recorder interrupted
 him1 and said1 ,i thank1 you ,sir1 that
 you will tell me what the ,law is1     
scornfully pulling off his ,hat4        
,,mead4 ,thou mayst put on thy ,hat1 ,i 
have never a ,free for thee now4        
,,brown4 ,he talks at random1 one while 
an ,independent1 another while some     
other ,religion1 and now a ,quaker1 and 

next a ,papist4  ,,mead4 ,turpe est     
doctori cum culpa redarguit ad ipsum4   
,,may4 ,you deserve to have your ,tongue
 cut out4  ,,rec4 ,if you discourse on  
this ,manner1 ,i shall take ,occasion   
against you4  ,,mead4 ,thou didst       
promise me1 ,i should have fair ,liberty
 to be heard2 why may ,i not have the   
,privilege of an ,englishman8 ,i am an  
,englishman1 and you might be ashamed of
 this dealing4  ,,rec4 ,i look upon you 
to be an ,enemy to the ,laws of         
,england1 which ought to be observed and
 kept1 nor are you worthy of such       
,privileges1 as others have4  ,,mead4   
,the ,lord is ,judge between me and thee
 in this ,matter4  ,,obser4 ,upon which 
they took him away into the ,bale-dock1 
and the ,recorder proceeded to give the 
,jury their ,charge1 as followeth4      
,,rec4 ,you have heard what the         
,indictment is4 ,it is for preaching to 
the ,people1 and drawing a tumultuous   
,company after them1 and ,mr4 ,penn was 
speaking2 if they should not be         

disturbed1 you see they will go on2     
there are three or four ,witnesses that 
have proved this1 that he did preach    
there2 that ,mr4 ,mead did allow of it2 
after this1 you have heard by           
substantial ,witnesses what is said     
against them3 ,now we are upon the      
,matter of ,fact1 which you are to keep 
to1 and observe1 as what hath been fully
 sworn1 at your ,peril4  ,,obser4 ,the  
,prisoners were put out of the ,court   
into the ,bale-dock1 and the ,charge    
given to the ,jury in their ,absence1 at
 which ,w4 ,p4 with a very raised       
,voice1 it being a considerable distance
 from the ,bench1 spake4  ,,pen4 ,i     
appeal to the ,jury1 who are my ,judges1
 and this great ,assembly1 whether the  
,proceedings of the ,court are not most 
,arbitrary1 and void of all ,law1 in    
offering to give the ,jury their ,charge
 in the ,absence of the ,prisoners2 ,i  
say1 it is directly opposite to1 and    
destructive of1 the undoubted ,right of 
every ,english ,prisoner1 as ,cook in   

the #b ,instit4 #bi4 on the ,chap4 of   
,magna ,charta1 speaks4  ,,obser4 ,the  
,recorder being thus unexpectedly lash'd
 for his extrajudicial ,procedure1 said1
 with an inraged ,smile4  ,,rec4 ,why1  
ye are present1 you do hear1 do you not8
  ,,pen4 ,no thanks to the ,court1 that 
commanded me into the ,bale-dock2 and   
you of the ,jury take notice1 that ,i   
have not been heard1 neither can you    
legally depart the ,court1 before ,i    
have been fully heard1 having at least  
ten or twelve material ,points to offer1
 in order to invalid their ,indictment4 
,,rec4 ,pull that ,fellow down1 pull him
 down4  ,,mead4 ,are these according to 
the ,rights and ,privileges of          
,englishmen1 that we should not be      
heard1 but turned into the ,bale-dock1  
for making our ,defence1 and the ,jury  
to have their ,charge given them in our 
,absence2 ,i say these are barbarous and
 unjust ,proceedings4  ,,rec4 ,take them
 away into the ,hole3 ,to hear them talk
 all ,night1 as they would1 that ,i     

think doth not become the ,honour of the
 ,court1 and ,i think you 7i4 e4 the    
,jury7 your selves would be tired out1  
and not have ,patience to hear them4    
,,obser4 ,the ,jury were commanded up to
 agree upon their ,verdict1 the         
,prisoners remaining in the stinking    
,hole4 ,after an ,hour and half's time  
eight came down agreed1 but four        
remained above2 the ,court sent an      
,officer for them1 and they accordingly 
came down4 ,the ,bench used many        
unworthy ,threats to the four that      
dissented2 and the ,recorder1 addressing
 himself to ,bushel1 said1 ,sir1 ,you   
are the ,cause of this ,disturbance1 and
 manifestly shew your self an ,abettor  
of ,faction2 ,i shall set a ,mark upon  
you1 ,sir4  ,j4 ,,robinson4 ,mr4        
,bushel1 ,i have known you near this    
fourteen ,years2 you have thrust your   
self upon this ,jury1 because you think 
there is some ,service for you4 ,i tell 
you1 you deserve to be indicted more    
than any ,man that hath been brought to 

the ,bar this ,day4  ,,bushel4 ,no1 ,sir
 ,john1 there were threescore before me1
 and ,i would willingly have got off1   
but could not4  ,,bloodw4 ,i said1 when 
,i saw ,mr4 ,bushel1 what ,i see is come
 to pass1 for ,i knew he would never    
yield4 ,mr4 ,bushel1 we know what you   
are4  ,,may4 ,sirrah1 you are an        
impudent ,fellow1 ,i will put a ,mark   
upon you4  ,,obser4 ,they used much     
menacing ,language1 and behaved         
themselves very imperiously to the      
,jury1 as ,persons not more void of     
,justice than sober ,education3 ,after  
this barbarous ,usage1 they sent them to
 consider of bringing in their ,verdict1
 and after some considerable time they  
returned to the ,court4 ,silence was    
call'd for1 and the ,jury call'd by     
their ,names4  ,,cler4 ,are you agreed  
upon your ,verdict8  ,,jury4 ,yes4      
,,cler4 ,who shall speak for you8       
,,jury4 ,our ,fore-man4  ,,cler4 ,look  
upon the ,prisoners at the ,bar4 ,how   
say you8 ,is ,william ,penn ,guilty of  

the ,matter whereof he stands indicted  
in ,manner and ,form1 or ,not ,guilty8  
,,fore-,m4 ,guilty of ,speaking in      
,gracechurch-,street4  ,,court4 ,is that
 all8  ,,fore-,m4 ,that is all ,i have  
in ,commission4  ,,rec4 ,you had as good
 say nothing4  ,,may4 ,was it not an    
unlawful ,assembly8 ,you mean he was    
speaking to a ,tumult of ,people there8 
,,fore-,m4 ,my ,lord1 ,this is all ,i   
had in ,commission4  ,,obser4 ,here some
 of the ,jury seemed to buckle to the   
,questions of the ,court2 upon which1   
,bushel1 ,hammond1 and some others1     
opposed themselves1 and said1 they      
allowed of no such ,word1 as an unlawful
 ,assembly in their ,verdict2 at which  
the ,recorder1 ,mayor1 ,robinson and    
,bloodworth took great occasion to      
villifie them with most opprobrious     
,language2 and this ,verdict not serving
 their ,turns1 the ,recorder express'd  
himself thus4  ,,reg4 ,the ,law of      
,england will not allow you to part till
 you have given in your ,verdict4       

,,jury4 ,we have given in our ,verdict1 
and we can give in no other4  ,,rec4    
,gentlemen1 you have not given in your  
,verdict1 and you had as good say       
nothing2 therefore go and consider it   
once more1 that we may make an end of   
this troublesome ,business4  ,,jury4 ,we
 desire we may have ,pen1 ,ink and      
,paper4  ,,obser4 ,the ,court adjourn'd 
for half an ,hour2 which being expired1 
the ,court returns1 and the ,jury not   
long after4  ,the ,prisoners were       
brought to the ,bar1 and the ,jury's    
,names called over4  ,,cler4 ,are you   
agreed of your ,verdict8  ,,jur4 ,yes4  
,,cler4 ,who shall speak for you8       
,,jur4 ,our ,fore-man4  ,,cler4 ,what   
say you1 look upon the ,prisoners3 ,is  
,william ,penn ,guilty in ,manner and   
,form1 as he stands indicted1 or ,not   
,guilty8  ,,fore-,m4 ,here is our       
,verdict1 holding forth a piece of      
,paper to the ,clerk of the ,peace1     
which follows2  ,we the ,jurors1        
hereafter named1 do find ,william ,penn 

to be ,guilty of ,speaking or ,preaching
 to an ,assembly1 met together in       
,gracechurch-,street1 the #adth of      
,august last1 #afgj4 ,and that ,william 
,mead is ,not guilty of the said        
,indictment4    ,fore-m4  ,thomas ,veer1
             ,edward ,bushel1           
,john ,hammond1             ,henry      
,henley1             ,henry ,michel1    
,john ,brightman1             ,charles  
,milson1             ,gregory ,walklet1 
,john ,baily1             ,william      
,lever1             ,james ,damask1     
,wil4 ,plumsted4  ,,obser4 ,this both   
,mayor and ,recorder resented as so high
 a rate1 that they exceeded the ,bounds 
of all ,reason and ,civility4  ,,may4   
,what will you be led by such a silly   
,fellow as ,bushel8 an impudent canting 
,fellow8 ,i warrant you1 you shall come 
no more upon ,juries in haste3 ,you are 
a ,fore-man indeed1 addressing himself  
to the ,fore-man1 ,i thought you had    
understood your ,place better4  ,,rec4  
,gentlemen1 you shall not be dismist    

till we have a ,verdict1 that the ,court
 will accept2 and you shall be lock'd   
up1 without ,meat1 ,drink1 ,fire1 and   
,tobacco2 you shall not think thus to   
abuse the ,court2 we will have a        
,verdict1 by the help of ,god1 or you   
shall starve for it4  ,,pen4 ,my ,jury1 
who are my ,judges1 ought not to be thus
 menaced2 their ,verdict should be free1
 and not compelled2 the ,bench ought to 
wait upon them1 but not forestall them4 
,i do desire that ,justice may be done  
me1 and that the ,arbitrary ,resolves of
 the ,bench may not be made the ,measure
 of my ,jury's ,verdict4  ,,rec4 ,stop  
that prating ,fellow's ,mouth1 or put   
him out of the ,court4  ,,may4 ,you have
 heard that he preach'd1 that he        
gathered a ,company of tumultuous       
,people1 and that they do not only      
disobey the ,martial ,power1 but ,civil 
also4  ,,pen4 ,it is a great ,mistake2  
we did not make the ,tumult1 but they   
that interrupted us3 ,the ,jury cannot  
be so ignorant1 as to think1 that we met

 there1 with a ,design to disturb the   
,civil ,peace1 since 7#ast47 we were by 
,force of ,arms kept out of our lawful  
,house1 and met as near it in the       
,street1 as their soldiers would give us
 leave2 and 7#b;dly47 because it was no 
new thing 7nor with the ,circumstances  
expres'd in the ,indictment7 but what   
was usual and customary with us2 'tis   
very well known that we are a peaceable 
,people1 and cannot offer ,violence to  
any ,man4  ,,obser4 ,the ,court being   
ready to break up1 and willing to huddle
 the ,prisoners to their ,goal1 and the 
,jury to their ,chamber1 ,penn spoke as 
follows3  ,,pen4 ,the ,agreement of     
,twelve ,men is a ,verdict in ,law1 and 
such a one being given by the ,jury1 ,i 
require the ,clerk of the ,peace to     
record it1 as he will answer it at his  
,peril4 ,and if the ,jury bring in      
another ,verdict contradictory to this1 
,i affirm they are perjur'd ,men in     
,law4 ,and looking upon the ,jury1 said1
 ,you are ,englishmen1 mind your        

,privilege1 give not away your ,right4  
,,bush4 c4 ,nor will we ever do it4     
,,obser4 ,one of the ,jury-men pleaded  
,indisposition of ,body1 and therefore  
desired to be dismist4  ,,may4 ,you are 
as strong as any of them2 starve with   
them2 and hold your ,principles4  ,,rec4
 ,gentlemen1 ,you must be contented with
 your hard ,fate1 let your ,patience    
overcome it2 for the ,court is resolved 
to have a ,verdict1 and that before you 
can be dismist4  ,,jury4 ,we are agreed1
 we are agreed1 we are agreed4  ,,obser4
 ,the ,court swore several ,persons1 to 
keep the ,jury all ,night without ,meat1
 ,drink1 ,fire1 or any other            
,accommodation2 they had not so much as 
a ,chamberpot1 tho' desired4  ,,cry4 ,o 
,yes1 c4  ,,obser4 ,the ,court adjourns 
till ,seven of the ,clock next ,morning 
7being the #dth ,instant1 vulgarly      
call'd ,sunday7 at which time the       
,prisoners were brought to the ,bar3    
,the ,court sat1 and the ,jury called to
 bring in their ,verdict4  ,,cry4 ,o    

,yes1 c4 ---- ,silence in the ,court1   
upon pain of ,imprisonment4  ,the       
,jury's ,names called over4  ,,cler4    
,are you agreed upon your ,verdict8     
,,jur4 ,yes4  ,,cler4 ,who shall speak  
for you8  ,,jur4 ,our ,fore-man4        
,,cler4 ,what say you8 ,look upon the   
,prisoners at the ,bar4 ,is ,william    
,penn ,guilty of the ,matter whereof he 
stands indicted1 in ,manner and ,form as
 aforesaid1 or ,not guilty8  ,,fore-,m4 
,william ,penn is guilty of ,speaking in
 ,gracechurch-,street4  ,,may4 ,to an   
unlawful ,assembly8  ,,bush4 ,no1 my    
,lord1 we give no other ,verdict than   
what we gave last ,night2 we have no    
other ,verdict to give4  ,,may4 ,you are
 a factious ,fellow1 ,i'll take a       
,course with you4  ,,blood4 ,i knew ,mr4
 ,bushel would not yield4  ,,bush4 ,sir 
,thomas ,i have done according to my    
,conscience4  ,,may4 ,that ,conscience  
of yours would cut my ,throat4  ,,bush4 
,no1 my ,lord1 it never shall4  ,,may4  
,but ,i will cut yours so soon as ,i    

can4  ,,reg4 ,he has inspired the ,jury2
 he has the ,spirit of ,divination1     
methinks ,i feel him4 ,i will have a    
positive ,verdict1 or you shall starve  
for it4  ,,pen4 ,i desire to ask the    
,recorder one ,question1 ,do you allow  
of the ,verdict given of ,william ,mead8
  ,,rec4 ,it cannot be a ,verdict1      
because you were indicted for a         
,conspiracy1 and one being found ,not   
guilty1 and not the other1 it could not 
be a ,verdict4  ,,pen4 ,if ,not guilty  
be not a ,verdict1 then you make of the 
,jury and ,magna ,charta but a meer     
,nose of ,wax4  ,,mead4 ,how6 is ,not   
guilty no ,verdict8  ,,rec4 ,no1 'tis no
 ,verdict4  ,,pen4 ,i affirm1 that the  
,consent of a ,jury is a ,verdict in    
,law2 and if ,william ,mead be ,not     
guilty1 it consequently follows1 that ,i
 am clear1 since you have indicted us of
 a ,conspiracy1 and ,i could not        
possibly conspire alone4  ,,obser4      
,there were many ,passages1 that could  
not be taken1 which past between the    

,jury and the ,court4 ,the ,jury went up
 again1 having received a fresh ,charge 
from the ,bench1 if possible to extort  
an unjust ,verdict4  ,,cry4 ,o ,yes1 c4 
,silence in the ,court4  ,,cour4 ,call  
over the ,jury4 ,which was done4        
,,cler4 ,what say you8 ,is ,william     
,penn ,guilty of the ,matter whereof he 
stands indicted1 in ,manner and ,form   
aforesaid1 or ,not ,guilty8             
,,fore-,,man4 ,guilty of speaking in    
,gracechurch-,street4  ,,rec4 ,what is  
this to the ,purpose8 ,i say1 ,i will   
have a ,verdict4 ,and speaking to ,edw4 
,bushel1 said1 ,you are a factious      
,fellow2 ,i will set a ,mark upon you2  
and whilst ,i have anything to do in the
 ,city1 ,i will have an eye upon you4   
,,may4 ,have you no more ,wit than to be
 led by such a pitiful ,fellow8 ,i will 
cut his ,nose4  ,,pen4 ,it is           
intolerable that my ,jury should be thus
 menaced3 ,is this according to the     
,fundamental ,laws8 ,are not they my    
proper ,judges by the great ,charter of 

,england8 ,what hope is there of ever   
having ,justice done1 when ,juries are  
threatened1 and their ,verdicts         
rejected8 ,i am concerned to speak and  
grieved to see such ,arbitrary          
,proceedings4 ,did not the ,lieutenant  
of the ,tower render one of them worse  
than a ,felon8 ,and do you not plainly  
seem to condemn such for factious       
,fellows1 who answer not your ,ends8    
,unhappy are those ,juries1 who are     
threatened to be fined1 and starved1 and
 ruined1 if they give not in ,verdicts  
contrary to their ,consciences4  ,,rec4 
,my ,lord1 you must take a ,course with 
that same ,fellow4  ,,may4 ,stop his    
,mouth2 ,jaylor1 bring ,fetters1 and    
stake him to the ,ground4  ,,pen4 ,do   
your ,pleasure1 ,i matter not your      
,fetters4  ,,rec4 ,till now ,i never    
understood the ,reason of the ,policy   
and ,prudence of the ,spaniards1 in     
suffering the ,inquisition among them3  
,and certainly it will never be well    
with us1 till something like unto the   

,spanish ,inquisition be in ,england4   
,,obser4 ,the ,jury being required to go
 together to find another ,verdict1 and 
steadfastly refusing it 7saying they    
could give no other ,verdict than what  
was already given7 the ,recorder in     
great ,passion was running off the      
,bench1 with these ,words in his ,mouth1
 ,i protest ,i will sit here no longer  
to hear these ,things2 at which the     
,mayor calling1 ,stay1 stay1 he         
returned1 and directed himself unto the 
,jury1 and spoke as followeth3  ,,rec4  
,gentlemen1 we shall not be at this     
trade always with you2 you will find the
 next ,sessions of ,parliament there    
will be a ,law made1 that those that    
will not conform shall not have the     
,protection of the ,law4 ,mr4 ,lee1 draw
 up another ,verdict1 that they may     
bring it in special4  ,,lee4 ,i cannot  
tell how to do it4  ,,jur4 ,we ought not
 to be return'd1 having all agreed1 and 
set our ,hands to the ,verdict4  ,,rec4 
,your ,verdict is nothing1 you play upon

 the ,court2 ,i say you shall go        
together1 and bring in another ,verdict1
 or you shall starve2 and ,i will have  
you charted about the ,city1 as in      
,edward the ,third's time4  ,,fore-,m4  
,we have given in our ,verdict1 and all 
agreed to it2 and if we give in another1
 it will be a ,force upon us to save our
 ,lives4  ,,may4 ,take them up4         
,,offic4 ,my ,lord1 they will not go up4
  ,,obser4 ,the ,mayor spoke to the     
,sheriff1 and he came off of his seat1  
and said4  ,,sher4 ,come1 ,gentlemen1   
you must go up2 you see ,i am commanded 
to make you go4  ,,obser4 ,upon which   
the ,jury went up2 and several sworn to 
keep them without any ,accommodation1 as
 aforesaid1 till they brought in their  
,verdict4  ,,cry4 ,o yes1 c4 ,the ,court
 adjourns till to ,morrow ,morning1 at  
seven of the ,clock4  ,,obser4 ,the     
,prisoners were remanded to ,newgate1   
where they remained till next ,morning1 
and then were brought unto the ,court1  
which being sat1 they proceeded as      

followeth4  ,,cry4 ,o yes1 c4 ,silence  
in the ,court1 upon pain of             
,imprisonment4  ,,cler4 ,set ,william   
,penn and ,william ,mead to the ,bar4   
,gentlemen of the ,jury1 answer to your 
,names3 ,tho4 ,veer1 ,edw4 ,bushel1     
,john ,hammond1 ,henry ,henly1 ,henry   
,michell1 ,john ,brightman1 ,charles    
,milson1 ,gregory ,walklet1 ,john       
,baily1 ,william ,plumstead4 ,are you   
all agreed to your verdict8  ,,jur4     
,yes4  ,,cler4 ,who shall speak for you8
  ,,jur4 ,our ,fore-man4  ,,cler4 ,look 
upon the ,prisoners4 ,what say you8 ,is 
,william ,penn ,guilty of the ,matter   
whereof he stands indicted1 in ,manner  
and form1 c41 or ,not ,guilty8          
,,fore-,,man4 ,here is our ,verdict in  
,writing1 and our ,hands subscribed4    
,,obser4 ,the ,clerk took the paper1 but
 was stopt by the ,recorder from reading
 of it2 and he commanded to ask for a   
positive ,verdict4  ,,fore-,,man4 ,that 
is our ,verdict2 we have subscribed to  
it4  ,,cler4 ,how say you8 ,is ,william 

,penn ,guilty1 c41 or ,not ,guilty8     
,,fore-,,man4 ,not guilty4  ,,cler4 ,how
 say you8 ,is ,william ,mead ,guilty1   
c41 or ,not ,guilty8  ,,fore-,,man4 ,not
 guilty4  ,,cler4 ,then hearken to your 
,verdict2 you say that ,william ,penn is
 ,not ,guilty in ,manner and ,form as he
 stands indicted2 you say that ,william 
,mead is ,not guilty in ,manner and     
,form as he stands indicted1 and so you 
say all8  ,,jur4 ,yes1 we do so4        
,,obser4 ,the ,bench being unsatisfied  
with the ,verdict1 commanded that every 
,person should distinctly answer to     
their ,names1 and give in their         
,verdict1 which they unanimously did1 in
 saying1 ,not ,guilty1 to the great     
,satisfaction of the ,assembly4  ,,rec4 
,i am sorry1 ,gentlemen1 you have       
followed your own ,judgments and        
,opinions1 rather than the good and     
wholsome ,advice1 which was given you2  
,god keep my ,life out of your ,hands2  
but for this the ,court ,fines you forty
 ,mark a ,man2 and ,imprisonment till   

paid4 ,at which ,penn stept up towards  
the ,bench1 and said3  ,,pen4 ,i demand 
my ,liberty1 being freed by the ,jury4  
,,may4 ,no1 you are in for your ,fines4 
,,pen4 ,fines1 for what8  ,,may4 ,for   
contempt of the ,court4  ,,pen4 ,i ask1 
if it be according to the ,fundamental  
,laws of ,england1 that any             
,english-,man should be ,fined or       
,amerced1 but by the ,judgment of his   
,peers or ,jury2 since it expressly     
contradicts the fourteenth and          
twenty-ninth ,chap4 of the great        
,charter of ,england1 which say1 ,no    
,free-,man ought to be amerced1 but by  
the ,oath of good and ,lawful ,men of   
the ,vicinage4  ,,rec4 ,take him away1  
,take him away1 take him out of the     
,court4  ,,pen4 ,i can never urge the   
,fundamental ,laws of ,england1 but you 
cry1 ,take him away1 take him away4 ,but
 it is no wonder1 ,since the ,spanish   
,inquisition hath so great a place in   
the ,recorder's ,heart4 ,god ,almighty1 
who is just1 will judge you all for     

these things4  ,,obser4 ,they haled the 
,prisoners into the ,bale-dock1 and from
 thence sent them to ,newgate1 for      
,non-payment of their ,fines2 and so    
were their ,jury4     ,l',,envoie   ,so 
ended the ,tryal4 ,the contumacious     
jurors did not long remain in duress4   
,the pertinacious ,bushel1 being a man  
of substance1 took steps to legally     
rescue himself and fellows1 and soon    
succeeded4 ,the affair had an important 
after echo at the trial in ,new ,york1  
of ,john ,peter ,zenger1 the ,palatine  
,printer1 in #agce1 for libelling       
,governor ,william ,cosby1 by telling   
the truth about his infringement of     
popular liberty1 when the attempted     
forcing of the ,penn jury was powerfully
 employed by ,andrew ,hamilton1 attorney
 for the defense1 to curb the efforts of
 ,mr4 ,justice ,de ,lancey to coerce the
 twelve4 ,in his remarkable address--an 
address that solidified the foundation  
for liberty of the press and free speech
 on this continent and was a worthy     

preface to the ,declaration of          
,independence drawn some forty years    
later--,hamilton said1 concerning this  
,tryal3  ,mr4 ,penn and ,mead being     
,quakers1 and having met in a peaceable 
,manner1 after being shut out of their  
,meeting ,house1 preached in ,grace     
,church ,street1 in ,london1 to the     
,people of their own ,perswasion1 and   
for this they were indicted2 and it was 
said1 ,that they with other ,persons1 to
 the ,number of #cjj4 unlawfully and    
tumultuously assembled1 to the          
,disturbance of the ,peace1 c4 ,to which
 they pleaded ,not ,guilty4 ,and the    
,petit ,jury being sworn to try the     
,issue between the ,king and the        
,prisoners1 that is1 whether they were  
,guilty1 according to the ,form of the  
,indictment8 ,here there was no ,dispute
 but they were assembled together1 to   
the ,number mentioned in the            
,indictment2 ,but ,whether that ,meeting
 together was riotously1 tumultuously1  
and to the ,disturbance of the ,peace8  

was the ,question4 ,and the ,court told 
the ,jury it was1 and ordered the ,jury 
to find it so2 ,for 7said the ,court7   
the ,meeting was the ,matter of ,fact1  
and that is confessed1 and we tell you  
it is unlawful1 for it is against the   
,statute2 and the ,meeting being        
unlawful1 it follows of ,course that it 
was tumultuous1 and to the ,disturbance 
of the ,peace4 ,but the ,jury did not   
think fit to take the ,court's ,word for
 it1 for they could neither find ,riot1 
,tumult1 or any ,thing tending to the   
,breach of the ,peace committed at that 
,meeting2 and they acquitted ,mr4 ,penn 
and ,mead4 ,in doing of which they took 
upon them to judge both the ,law and the
 ,fact1 at which the ,court 7being      
themselves true ,cortiers7 were so much 
offended1 that they fined the ,jury #dj 
,marks a piece1 and committed them till 
paid4 ,but ,mr4 ,bushel1 who valued the 
,right of a ,juryman and the ,liberty of
 his ,country more than his own1 refused
 to pay the ,fine1 and was resolved     

7tho' at a great ,expence and trouble   
too7 to bring1 and did bring1 his       
,habeas ,corpus1 to be relieved from his
 ,fine and ,imprisonment1 and he was    
released accordingly2 and this being the
 ,judgment in his ,case1 it is          
established for ,law1 ,that the ,judges1
 how great soever they be1 have no      
,right to ,fine1 imprison1 or punish a  
,jury1 for not finding a ,verdict       
according to the ,direction of the      
,court4 ,and this ,i hope is sufficient 
to prove1 ,that ,jurymen are to see with
 their own ,eyes1 to hear with their own
 ,ears1 and to make use of their own    
,consciences and the ,understandings1 in
 judging of the ,lives1 ,liberties or   
,estates of their ,fellow ,subjects4