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Obser. The court being ready to break up, and willing to huddle the prisoners to their jail, and the jury to their chamber, Penn spake as follows:
Penn. The agreement of twelve men is a verdict in law; and such a one being given by the jury, I require the clerk of the peace to record it, as he will answer it at his peril.' And if the jury bring in another verdict contrary to this, I affirm they are perjured men in law. [And looking upon the jury, said] You are Englishmen ; mind your privilege, give not away your right.'
Bushel. Nor will we ever do it.
Obser. One of the jurymen pleaded indisposition of body, and therefore desired to be dismissed.
Mayor. You are as strong as any of them. Starve then, and hold your principles.
Rec. Gentlemen, you must be content with your hard fate; let your patience overcome it; for the court is resolved to have a verdict, and that before you can be dismissed.
Jury. We are agreed, we are agreed, we are agreed. Obser. The court swore several persons to keep the jury all night, without meat, drink, fire, or any other accommodation. They had not so much as a chamber-pot, though desired.
Cry. Oyes, &c.
Obser. The court adjourned till seven of the clock next morning (being the fourth instant, vulgarly called Sunday); at which time the prisoners were brought to the bar, the court sat, and the jury called in, to bring in their verdict.
Cry. Oyes, &c.-Silence in the court, upon pain of imprisonment.
The jury's names called over.
Cle. Are you agreed upon your verdict?
Cle. Who shall speak for you?
Jury. Our foreman.
Cle. What say you? Look upon the prisoners at the bar: Is William Penn guilty of the matter whereof he stands indicted, in manner and form as aforesaid, or not guilty? Foreman. William Penn is guilty of speaking in Gracious-street.
Mayor. To an unlawful assembly?
Bushel. No, my lord, we give no other verdict than what we gave last night: we have no other verdict to give.
Mayor. You are a factious fellow; I'll take a course with you.
Bludw. I knew Mr. Bushel would not yield.
Bushel. Sir Thomas, I have done according to my conscience.
Mayor. That conscience of yours would cut my throat.
Rec. He has inspired the jury; he has the spirit of divination; methinks I feel him. I will have a positive verdict, or you shall starve for it.
Penn. I desire to ask the recorder one question: Do you allow of the verdict given of William Mead?
Rec. It cannot be a verdict, because you are indicted for a conspiracy; and one being found not guilty, and not the other, it could not be a verdict.
Penn. If not guilty be not a verdict, then you make of the jury, and magna charta, but a mere nose of wax. Mead. How! Is not guilty no verdict?
Rec. No, it is no verdict.
Penn. I affirm, that the consent of a jury is a verdict in law. And if William Mead be not guilty, it consequently follows, that I am clear; since you have indicted us of a conspiracy, and I could not possibly conspire alone.
Obser. There were many passages that could not be
taken, which passed between the jury and the court. The jury went up again, having received a fresh charge from the bench, if possible to extort an unjust verdict. Cry. Oyes, &c.-Silence in the court. Court. Call over the jury.-[Which was done.] Cle. What say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form aforesaid, or not guilty?
Foreman. Guilty of speaking in Gracious-street.
Rec. What is this to the purpose? I say I will have a verdict. [And speaking to E. Bushel said] You are a factious fellow; I will set a mark upon you. And whilst I have any thing to do in the city, I will have an eye upon
Mayor. Have you no more wit, than to be led by such a pitiful fellow? I will cut his nose.
Penn. It is intolerable that my jury should be thus menaced! Is this according to the fundamental law? Are not they my proper judges by the great charter of England? What hope is there of ever having justice done, when juries are threatened, and their verdicts rejected? I am concerned to speak, and grieved to see such arbitrary proceedings. Did not the lieutenant of the Tower render one of them worse than a felon? And do you not plainly seem to condemn such for factious fellows, who answer not your ends? UnVOL. I.
happy are those juries, who are threatened to be fined, and starved and ruined, if they give not in their verdicts contrary to their consciences.
Rec. My lord, you must take a course with that same fellow.
Jailer, bring fetters, and stake
Penn. Do your pleasure; I matter not your fetters. Rec. 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.
Mayor. Stop his mouth. him to the ground.
Obser. The jury being required to go together, to find another verdict, and stedfastly refusing it (saying, they could give no other verdict than what was already given) the recorder in great passion was running off the bench, with these words in his mouth, I protest I will sit here no longer to hear these things.' At which the mayor calling, Stay, stay,' he returned and directed himself unto the jury, and spake as followeth :
Rec. Gentlemen, we shall not be at this pass always with you. You will find the next sessions of parliament there will be a law made, that those that will not conform, shall not have the protection of the law. Mr. Lee, draw up another verdict, that they may bring it in special.
Lee. I cannot tell how to do it.
Jury. We ought not to be returned; having all agreed, and set our hands to the verdict.
Rec. Your verdict is nothing; you play upon the court. I say, you shall go together, and bring in another verdict, or you shall starve; and I will have you carted about the city, as in Edward the Third's time.
Foreman. We have given in our verdict, and all agreed to it. And if we give in another, it will be a force upon us to save our lives.
Mayor. Take them up.
Officer. My lord, they will not go up.
Obser. The mayor spoke to the sheriff, and he came off his seat, and said:
Sher. Come, gentlemen, you must go up; you see I am commanded to make you go.
Obser. Upon which the jury went up; and several were sworn to keep them without any accommodation, as aforesaid, till they brought in their verdict.
Cry. Oyes, &c. The court adjourns till to-morrow morning, at seven of the clock.
Obser. The prisoners were remanded to Newgate, where they remained till next morning, and then were brought into the court; which being sat, they proceeded as followeth :
Cry. Oyes, &c.-Silence in the court, upon pain of imprisonment.
Clerk. Set William Penn and William Mead to the bar. Gentlemen of the jury, answer to your names; Thomas Veer, Edward Bushel, John Hammond, Henry Henley, Henry Michel, John Brightman, Charles Milson, Gregory Walklet, John Bailey, William Lever, James Damask, William Plumstead; are you all agreed of your verdict?
Clerk. Who shall speak for you?
Clerk. Look upon the prisoners: What say you? Is William Penn guilty of the matter whereof he stands indicted, in manner and form, &c. or not guilty?
Foreman. You have there read in writing already our verdict, and our hands subscribed.
Obser. The clerk had the paper, but was stopped by the recorder from reading of it; and he commanded to ask for a positive verdict.
Foreman. If you will not accept of it, I desire to have it back again.
Court. That paper was no verdict; and there shall be no advantage taken against you by it.
Clerk. How say you? Is William Penn guilty, &c. or not guilty?
Foreman. Not guilty.
Clerk. How say you? Is William Mead guilty, &c. or not guilty?
Foreman. Not guilty.
Clerk. Then hearken to your verdict. You say that William Penn is not guilty in manner and form, as he stands indicted: you say that William Mead is not guilty in manner and form, as he stands indicted; and so you say all.
Jury. Yes, we do so.
Obser. The bench being unsatisfied with the verdict, commanded that every person should distinctly answer to their names, and give in their verdict; which they unanimously did, in saying, Not guilty, to the great satisfaction of the assembly.
Rec. I am sorry, gentlemen, you have followed your own judgments and opinions, rather than the good and wholesome 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 imprisonment till paid. stepped up towards the bench, and said]
[At which Penn
Penn. I demand my liberty, being freed by the jury.
Mayor. For contempt of the court.
Penn. I ask, if it be according to the fundamental laws of England, that any Englishman should be fined, or amerced, but by the judgment of his peers or jury? Since it expressly contradicts the fourteenth and twenty-ninth chapter of the great charter of England, which says, 'No freeman ought to be amerced, but by the oath of good and lawful men of the vicinage.'
Rec. Take him away, take him away, take him out of the court.
Penn. I can never urge the fundamental laws of England, but you cry, Take him away, take him away. But it is no wonder, since the Spanish inquisition hath so great a place in the recorder's heart. God Almighty, who is just, will judge you for all these things.
Obser. They haled the prisoners to the bale-dock, and from thence sent them to Newgate, for non-payment of the fines; and so were their jury.