| OCR Text |
Show 10 ~ Vox.: ' l. Court. You {hall have it. Me#d. Then I plead not Guilty in Manner and Form. The Court adjourned until the Afternoon. Cry. 0 Yes, 8'~. . . h . C!e. Bring Wdbam Penn and Wtlham Mfad tot e Ba~. Obfer. The faid Prifoners were brought, ~ut werefet a fide, and_other Bu~ finefs profecured: Where we cannot chOGfe but oP~erve, that lt was the conftant and unkind Pra8:ice of the Court to the Pnfoners, ~o m_ake them wait upon the Tryals of Felons and Murderers, thereby defignmg 10 all Pro~ DabiHty, botb to affront and tire t hem. . After Five Honrs Attendance, the Court broke up, and adJOurned to the Third Inftant. The Third of September, 1670, the Court Sat. Cry. 0 Yes, f!/c, . . , Mayor. Sirrah, Who bid you put off their Ha_rs? Put on _rhetr Hats agam. Obfer. Whereupon one of the Officers putting the Pnfoners Hats upon their Heads (purfuant to the Order of the Court) brought them to the Bar. Record. Do you know where you are ? Penn. Yes. . . Rec. Do you know it is the King's Court? Penn. I know it to be a Court, and I fuppofe it to be the King's Court: Rec. Do you know there is Refpe£t due to the Court ? Pmn. Yes. Rec. Why do y.ou not pay it then? Penn. I do fo. Ru. Why do you not l}J.lt off your Hat then? Penn. Becaufe I do not believe that to be any Ref pea. Rec. Well, the Court fets . Forty Marks a-piece upon your Heads, as a. Fine, f(lr your Contempt of the Court. Penn. I defire it may be obferved, that we came into the Court with our HatS off, (that is, taken off) and if they have been put on Iince, it was by Order from the Bench; and therefore not we, but the Bench fhould be Fined. Mead. I have a•Qpe!lion to ask the Recorder : Am I Fined alfo ? Rec. Yes. · Mead. I defire the Jury, and all People to take Notice of this Injuilice of the Recorder, who fpake not to me to pull off my Hat, and yet ha rh he put a Fine upon my Head. 0 fear the Lord, and dread his Power, and yield to the Guidance of His Holy Spirit; for He is not far from every one of you. The Jury Sworn again. Ohfer. J. Robinfon, Lieutenant of the Tower, difingenuoufly objeCled a.: gainfl: Edw. Bujhcl, as if he had not kift the Book, and therefore would have him Sworn again; though indeed it was on Purpofe, to have made Ufc of Ws TendemefS of Confi:ience, in avoiding reiterated Oaths, to have put him by his being a Juryman, apprehending him to be a Perfon not fit to anfwer their A1bitrary Ends. The Clerk 1ead the Indi8:ment, as aforefJid. C!e. Cryer, Call James Cook into the Court, give him his Oath. C/e. ]ame.r Cook, lay your Hand upon the Book, "The Evidence you !hall '~ giv.e to the Court, betwixt our Sovereign 'the King, and the Prifoners at " the. Bar, fha11 be the Truth, and the whole Truth, and nothing but the '' Truth : So help you God, etc. Cook. I wm }tnt f or from the Exchange, to go and difperfe <1 Meeting in Gracious-Street, UJbere I firw .Mr. Penn fpen k.ing to the Peopk , b11t I (OIIId not bear what be f aid, becaufc of tl1e l\'oif' ; 1 Ntdeavoured to make TVa,y to take him, but I !OU!d not get to him foi the Crowd of H·ople ; upon' wlmb C11ptain Mead came to mt, ahout the Kennel uf the Street, and dcjin d me to let htm go Qn; f or when he bod done, be tAJou!d bring .illr. Penn to me. Courr. What Number do you think might be there? Cook • .iJJJout three or four Hundred Ieopk. Co11rr. Vox.. 1. · Court. Call Richard Read, give him his bath. ' • · Read being Sworn, was ask'd, Wb.tt do )'bu ·lmow colicerrl_ing the Prifohtri atth&-Bar? JIJ I ·' I I Read. .illy Lord, I went. to Gracious-Street, where I {oJJild a great Crowd of People, and I heard Mr. Penn Preach to them, and 1 Jdw Captain Mead }peaking to Lil11tenanr Cook, hut what he fitid I ciJulJ not tell# Mead. What did William Penn fay? ! • • ·;,, Read. There wa.t fu,h a great Noife, that I coUld not teO Whdt he Jaii. Mead. Jury, Obferve this EVidence, he aith, He heard him Preach~ and yet faith, He doth riot know what he fald. Jury, Take Nptice, he Swears now a cleln contrary Thing, tO what he' Swore before the Mayor, when we were committed: For.. now he Swears that he faw me in Gracious-Street, and ye,t Swore before the Mayor, When I was committed, that he did not fee me there. I appeal to the 1Hayor himfelf if this be nor true; bur no Anfwer .was given. • Court. What Number do you think might be there? Read. About f our or five Hundred. ' Penn. I defire to know of him what Day it was? Read. The 14th D<~y of Auguft. · Penn. Did he fpeak to me, or let me know he was there ; for I am vcr'f fure I nevet faw him. C!e. Cryer, Call ---- into the Court. . Court. Give him his Oath. --My Lord, I faw a great ]\'mnher of People, and Mr. Penn l fuppof~ 'UJtU Speaking ; I Jaw him make a Motion_ with his Hands, a_nd heard t•m• ]\Toife, b11t could 1101 underjland what he fard; but for Capt am MeadJ did' not f ee him there. · .; Rec. What fay you Mr. Mead? Were you tqere) Mead. It is a Maxim in your own Law, Nemo tenctur nccufare feipfllm; which if it be not True Latin, I flm fure that it is true Englifh, That no Man is bound to accufe himfel/: And why doft thou offer to enfl;tare me! with fuch a Queftion ? Doth not this !hew thy Malice ? Is this like unto a Judge, th:lt ought to be Council for the Prifoner at the Bar? .· Rcc. Sir, hold your Tongue, I did not go about to enfnare you. Penn. I defire we may come more clofe to the Point, and that Silence be commanded in the Court. Cry· 0 Yes, All manner of Perfons keep Silence upon Pain of Imprifon.; rnerrt. --Silence in the Court. Penn. We confefs our felves to be fo far from recanting, or declining to vindicate the Alfembling of our felves, to Preach, Pray, or Worfhip thct Eternal, Holy, Juft God, that we declare to a1l the World, that we do be~ lieve ir robe our indiiPenfable Duty, to meet incelfantly upon fo Good aq Account; nor fha11 al1 the Powers upon Earth be able to divert us from Re· verencing and Adoring our God, who made us. Brow!]. You are not here for Worfhipping God, but for breaking the Lalfl : Tou do your {elves a great deal of Wrong in going on in that Difcourfe. Penn. I aflirm I have broken no Law, nor am I guilty of the lndiBmcnt that is laid to my Charge: And to the End, the Bench, the Jury, and my felf, with thofe that hear us, may have a more dire8: Under1hnding of this Procedure, I defire you .would let me know by wliat Law it is you Pro· fecute me, and upon what Law you grour.d my Indictment. Rec. [!pon the Common-Law. Penn. Where is th:u Common-Law) Rec. ]Ou mufl not tbink. that I am able to run up fo NfQ»} Ttnrr, an_d overf a mm1y adjudgtd Cafes, rvh!ch tt'e call Commmt·Law, lo anfwt~ yourCur_,of!ty. Penn. This Anfwer I am fure is very fhorr of my Quelbon; for tf n be · Common, it {hould not be fo hud to prod,uce. Rec. Sir, Will you plead to )'Our lndiffmtnt? . • Penn. Shall I plead to an Ind.iament that hath no Foundatton m Law? If it contain that Law you fay I have broken, why fhould you dcclioe to pro~o , C 2 duce |
