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Show Vov.•l• • Cou1't. Tha\·l'aper was no Verdiel, and there (hal\ be no Advantage t~ken ~nl\y<iuJ>.y'lt. .,, . ' G 'l Ci<rk. Ht>w fay you? Is WiUifUIJ Penn Ga•lty, f5 c. <>r not u• ty 1 Foreman. Not Guilty. G 'l•" Clerk. How faY you> Is w.iOiam Mead Gui,Ity, f!/c. ~r not u• 'J 1 'Fortm411: Not Guilty. · · ,. . n • Clerk. Then hearken to your Verdifl, yo~ f~y, that T~t/Jram ~rnn JS. ~ot Guilty in Manner and F()nii, as he fi:ands1mhaed ; you_ fay, that WrlJum ])le.d is noii.G.uilty in MJnnl:r and Ebrm, as he ftands !DdHiled, and fo you liJ-aU. "'\' \'\' ) \ t id'7• ,Y.es, we do fo. ' . : nd d h <Dbjor. 'J;Ho.Bench being unfotisfied with the VerdiEr, c~m~a e. t at ~y Petfon/Ihould di~inilly anfwe~ to t~eir Nhmcs, ~nd gtVe m theu Ver: dill, which they unammoufiy dtd, miaymg, NDI GuJ!ty, to the great Sa tisfaEtion of theA!I'embly. \ , !.Record. I 3Q1 iarry, Gimtlcrmen, you 'hJ. ve followed your. own J u~gments; and Opinions, rather .Chan the good and Wholefom Advtce,_ whtch was given you; God keep my Life .out of y~ur. Hands;_ but for thts th~ Court fines you Forty Morks a Man, and lmpnfonment ull paid: At WhiCh Penn llept up tow:lrds the Bench, and faid, '• • · Penn. I demand my Liberty, being freeq by the Jury. M~or. No, you are in for your Fin;s. ~'Pen11. FineS, for what? 1.. ~ .Mayor. For Contempt of the Court. fenn. I afkif it ~e according to the Fundamental Laws of &glmul~ th~t any Engli!hman (hauld be fined, or amerced, but by the Judgment of hiS Peers, or Jury? Since it exprefly contradi8:s the Fo_urteenth and Twenty Ninth Chapter of the Great Charter of England, whtch fays, No Freeman ought to be amerced, buthytbeOoth of good and lawful Men ~f the Vi· tinage. . . ·· ' · ' Rec. TaN.e him nway, take bzm away, take b1m Dltt of tbt Caurt. . . \ Penn. r c;:a.D never urge..t1ut Fundamental Llws of Eng,anJ, but you cry, Take him away, take him away; but 'tis no Wonder, fince the Spariifh mywi/irion hath fo grrnt-. P~<in the Refo'rder's Hem; God"Almighty Who is u!l will judge yott all for thefe Thmgs. - Ob}er. They haled the Prifonets to the&le:docl<, ana· from thence fent them to Newgilte, fo.r N~n·payment of their Fines; and.fo were theirJury. .zln A PP£No·u, ·by Wif of Defence fbr tbe Prifoners, or wiT(J( mig~t .!Ja'lle. ~#en o ered agai»ft the Iml#lme"t' ap(l IDet!l .• Pioceedifi!.s of lhe Co1jft t ereon, ~ad they not .violent/y wer·rut:d and floN them. , . Upo"I(JI'JQb.e.r :Oifqui,fition int_o feve<al' Ports of the ln~iEtmeor, we find it fo wretchedly Defettive, as if it w~r~ Mthillg olfe but a meer Compofhion of Error, rather calculated to the malicious Defigps cf the Judges, than to the leaft Verity of Fatt committed by the prifooerl• To prove this, what we fay, will be a main Help to difcover the A:rbitraTy Proceedings of the Bench, ip their frequent Menaces to the Ju~y ,_ as if it were-not fo much their :Sufinefs to tty, as to con~e!Wl the l?ritbne.rs; and that not fo much for any Faa they had committed, as what th~ Ctlun would have fuggc!led to tl\e:l~ry to have been their Faa Sell. 1. It is the conftant Common· Law of Engl11nd, That no ftlnnfloultl he Tnktll, lt.»prijo11ed, .Amelretl, Diff<ized of bH Freehold, of his Likertits, or fru Cuftoms, bnr by the ]11dgment of ~lis l»eers, which are VNigarly GaU~d 11 Jury, /-rli'~iura.~, be(aufe thq are Sworn to do Rig hr. :.. Sefl. 2. YoJ.. I . Tbe, AuT H <O n's LIFEl Sc£1. 2. The only affiftance 'that is given tfle Jury, i'n order to :1 Verdi8: is: Firfl, The Evidence given of the Fa8: committed, by the Perfon indi6:ed. Stcond!y, The Knowledge Of that Law, A8:, ot Statute, the lndiEtment is grounded upon, and which the Prifoners are faid to have Tranfgreffed. Sc£1. 3. We fhall negletl to mention here, how much they were deprived ofthat]uft Advantage, the Antient. Equal Laws of England do allow; de~ £going it !Or a Conclufion of the Whole, and fha1l only fpeak here, to matter of Fact: and Law. Sell. 4· The Evidence, you have read in the Trial, the utmoil Import of which, is no more rhan this, That WilJinm Penn was Speaking in Grnci• om·flnet, to an Affembly of People, but they knew not what he faid; which isfo gre:tt a ContradiCtion, as he that runs may read it; for no Man can fay, another Man Preaches, and yet underfiand not what he faith ; he may conjecture it, but that is a lame Evidence in Law; it might as Well have been Sworn, That he wJs fpeaking of Law, Phyfick, Trade, or any other Mat· ter of Civil Government. Befides, there is no Law againft Preaching what is Truth. whether it be in the Street, or in any other Place; nor is it pof.. :fiLle, that any Man can truly Swear, That he Preach'd Sedition, Herefie, tfc. unlefS he fo heard him, that he could tell what he faid. SeE/. 5· The Evidence further faith, Tbat W. Mend was there, but till being in Gracious-Street be a Fttult, ond bearing • Man jpeak, the Witnef~ knowr, not what, be contrary to Law, the whole Evidence is ufclefs, and im· pertinent; but what they want of rh1u, they endeavour to fupply with IndiCtment; whofe Pares we proceed to confider. Exceptions againfi the lndi8ment. Sr8. 6. It fairh, That the Prifoners [were met upon the J)th Day of Auguil, I67o.] whereas their own Evidence affirms it to be upon the 14th Day of .Ausufl, 167o. &£1. 7· LThat they met with Force an-d Arms] which is fo great a Lie, that the Court had no better Cover for it, than to tell the Jury, it was only a Piece of Form; urging, that the Man tried for Clipping of Money this prefent Seffions, had the fame Words ufed in his Indictment. But that this Anfwer is too fcanty, as well as it was too weak to prevail _,irh the Jury; we defire it may be confidered, that the fame Words may be ufed more of Courfe, and out of Form at on·e Time, th::tn at another: And though we grant they can have little Force with any Jury in a Clip· per's Cafe, for meer Clipping; yet they arc \Vords that give fo juft a Ground of Jealoufie, nay, that carry fO clear an Evidence of 111egality, where they are truly proved and affirmed of any Meeting, as that they are the Proper Roots from whence do fpring thofe Branches which render an Indi8menr terrible, Jnd Jn Affembly truly the Terror of the People. Se8. 8. [Vnltrwful, tmd Tumu/tuoujly todijlurb the Peace] Which is as true, as what is faid before (that is as falfC) this will evidently appear to all that confider how Lawful it is to Affemhle, with no other deftgn than ro Worlbip God. And their calling a Lawful Affembly an Unlawful one, no more makes it fo, than to fay Light is DarknefS, Black is White, concludes fo impudent a Falfity true, In fhort, becauf~ to Worfhip God can never he a Crime, no Meeting, or Aifembly, defigning to Worfhip God, can be Unlawful. Such as go about to prove an Unlawful Affembly, mufl prove thefe Affemblers Intent not to Worfhip God; but that no Man can do, becaufe no Man can know an~ other Man's lntentions, and therefore ir is impoffible that any·fhould prove fuch.an Affembly Unlawful. That is properly an Unlawful Aifembly, ac· cording to the Definition of the Law, when feveral Perfons are m:t toge .. ther, with defign to ufe Violence, and to do Mifchief; but that D1ifenrers meet with no fuch Intention, is manifeft to the whole World, therefore their Affemblies are not Unlawful; he that hath only Right to he Wor(bip-ped, who is God, hath only Right to lnfiitute how He will be Worlbipped_; 01nd fuch as Worlbi,p Him in that Way they apprehend Him to have lnfti- D z tuted, |