144 broken, why should you decline to pro- Recorder. "The question is, Whe Recorder. "You are an impertinent Penn. Certainly, if the common Recorder. "Take him away: my Lord Mayor. "Take him away, take him away; turn him into the Baile Dock." Penn. "These are but so many vaira exclamations: Is this justice or true judgment? Must I therefore be takers away, because I plead for the fundamental laws of England? However, this I leave upon your consciences who are of the jury (and my sole judges) that if these ancient fundamental laws, which relate to liberty and property, and are not limited to particular persuasions in religion, must not be indispensably maintained and observed, who can say be Recorder. "Be silent there." hath a right to the coat upon his back?” Penn. "I am not to be silent in a case wherein I am so much concerned, and not only myself, but many ten thou sand families besides." They now dragged him into the Baile Dock; but William Mead, being still left in court, spoke as follows: "You men of the jury, here I do now stand to answer to an indictment against me, which is a bundle of stuff, full of lyes and falsehoods: for therein am I accused, that I met vi et armis, illicite et tumultuose. Time was when I had freedom to use a carnal weapon, and then I thought I feared no man; but now I fear the living You men of the jury, God, and dare not make use thereof, nor hurt any man. who are my judges, if the recorder will not tell you what makes a riot, a rout, or an unlawful assembly, Cook (Coke,) he that once they called the lord Cook (Coke,) tells us, that a riot is, when three or more are met together to beat a man, or to enter forcibly into another man's land, to cut down his grass, his wood, or break down his pales.” 66 Recorder. "I thank you, Sir, that you will tell me what the law is," (scorne fully pulling off his hat.) Mead. Thou mayest put on thy "He talks at Alderman Brown. hat, I have never a fee for thee now," random; one while an independent, another while some other religion; and now a quaker, and next a papist." 66 Mead. Turpe est doctori cum culpa redarguit ad ipsum." "You deserve to have Lord Mayor. Recorder. "If you discourse in this your tongue cut out.” manner, I shall take occasion against you." Mr. Mead having been now also thrust into the Baile Dock, the following charge was given to the jury, in the ab seuce of the prisoners. Recorder. Recorder. "You have heard what the indictment is: it is for preaching to the people, and drawing a tumultuous company after them; and Mr. Penn was speaking. If they should not be disturbed, you see they will go on; there are three or four witnesses that have proved this, that he did preach there, and that Mr. Mead did allow of it; after this, you have heard by substantial witnesses what is said against them. Now we are upon the matter of fact, which you are to keep to and observe, what has been fully sworn, at your peril." Penn. (With a loud voice, from the Baile Dock.) "I appeal to the jury, who are my judges, and this great assembly, whether the proceedings of the court are not most arbitrary, and void of all law, in offering to give the jury their charge in the absence of the prisoners. I say it is directly opposite to, and destructive of, the undoubted right of every English prisoner, as Cook (Coke) in the 2d Inst. 29, on the chap. of Magna Charta speaks." Recorder. "Why ye are present; you do hear, do you not?" Penn. No thanks to the court that commanded me into the Baile Dock; and you of the jury take notice, that I have not been heard; neither can you legally depart the court before I have been fully heard, having at least ten or twelve material points to offer, in order to invalid their appointment." Recorder. pull him down." "Pull the fellow down; Mead. "Are these proceedings according to the rights and privileges of Englishmen, that we should not be heard?? Recorder. the hole." "Take them away into The jury were now desired to go upstairs, in order to agree upon a verdict; and the prisoners remained in the "stinking hole." After an hour and a half's time, eight came down agreed, but four remained above, until sent for. The bench used many threats to the four that dissented; and the Recorder, addressing himself to Mr. Bushel, said, "Sir, you are the cause of this disturbance, and manifestly shew yourself an abettor of faction: I shall set a mark upon you, Sir." Alderman Sir J. Robinson, lieutenant of the Tower. "Mr. Bushel, I have known you near this fourteen years; you have thrust yourself upon this jury, be MONTHLY MAG, No, 210. . cause you think there is some service for you; I tell you, that you deserve to be indicted more than any man that hath been brought to the bar this day." Mr. Bushel. "No, Sir John, there were three-score before me; and I would willingly have got off, but could not." Alderman Bludworth. "Mr. Bushel, we know what you are." Lord Mayor. "Sirrah, you are an impudent fellow; I will put a mark upon you!" The jury being then sent back to consider their verdict, remained for some time; and, on their return, the clerk having asked, in the usual manner, "Is William Penn guilty of the matter wherein he stands indicted, or not guilty?" the foreman replied, "Guilty of speaking in Gracious (perhaps Grace-church,) street." Court. "Is that all?" Foreman. "That is all I have in commission." Recorder, "You had as good say nothing." Lord Mayor. "Was it not an un lawful assembly? You mean he was speaking to a tumult of people there?" Foreman. “My lord, this, was all I had in commission." Here some of the jury, seeming "to buckle to the questions of the court," Mr. Bushel, Mr. Hamond, and some others, opposed themselves, and said, "they allowed of no such terms as an unlawful assembly: at which, the Lordmayor, the Recorder, Sir J. Robinson, lieutenant of the Tower, and alderman Bludworth, "took great occasion,"says our authority, "to vilifie them with most opprobrious language;" and this verdict, not serving their turn, the Recorder expressed himself thus: "The law of England will not allow you to part till you have given in your ver dict, therefore go and consider it once more." On this the jury declared, that they had given in their verdict, and could give in no other. They withdrew, however, after demanding and obtaining pen, ink, and paper; and, returning once more, at the expiration of half an hour, the foreman addressed himself to the clerk of the peace, and, presenting the following decision, said, Here is our verdict: "We the jurors, hereafter named, do find William Penn to be guilty of speaking or preaching to an assembly, met together in Gracious-street, the 14th T August of August last, 1670; and that William Mead is not guilty of the said indict ment, Foreman. Thomas Veer. Edward Bushel," &c. Lord Mayor. "What! will you be led by such a silly fellow as Bushel? An impudent canting fellow; I warrant you, you shall come no more upon juries in haste: you are a foreman, indeed! I thought you had understood your place better." Recorder. "Gentlemen, you shall not be dismissed till we have a verdict that 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." Penn. 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 (for) them, but not forestal 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." Recorder. "Stop that prating fellow, or put him out of the court." Lord Mayor. "You have heard that he preached, that he gathered a company of tumultuous people, and that they not only did disobey the martial power, but the civil also." Penn. It is a great mistake; we did not make the tumult, but they that interrupted us! The jury cannot be so ignorant as to think that we met there with a design to disturb the civil peace, since, first, we were by force of arms kept out of our lawful house, and met as near it in the street as their soldiers would give us leave; and secondly, because it was no new thing, and it is known that we are a peaceable people, and cannot offer violence to any man. 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 at his peril. And if the jury bring in another verdict, contradictory to this, I affirm they are perjured men in law." Then, looking towards them, he empha tically added, "You are Englishmen! mind your privilege, give not away your right!" "One of the jury having pleaded ind's position, and desired to be dismissed, the Lord-mayor said, "You are as strong as any of them; starve them, and hold your principles." Recorder. "Gentlemen, you must be contented 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 !" The court now swore several of its officers to keep the jury all night, without meat, drink, fire, &c. and adjourned to seven o'clock next morning, which proved to be Sunday. They were then brought up as before, when, having per severed in their verdict, Mr. Bushel was reproved as a factious fellow, by the lord-inayor; on this he replied, that he acted "conscientiously." The other observed, that such a conscience would cut his throat; "but I will cut your's," added he, " so soon as I can." "Mr. Penn now asked the Recorder, if he allowed the verdict given in respect to William Mead? That magistrate_re plied, No; as they were both 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 ver dict, then you make of the jury, and Magna Charta, but a mere nose of war! I affirm, that the consent of a jury is a verdict in law; and if William Mead be not guilty, I am clear, as I could not pos sibly conspire alone." The jury again received a charge; were sent out; returned, and presented the same verdict. On this, the Recorder threatened Mr. Bushel, and said, "While he had any thing to do in the city, he would have an eye upon him?" The lord-mayor termed him a pitiful fellow, and added, "I will cut his nose." Penn. "It is intolerable that my jury should be thus menaced: Is this according to the fundamental laws? 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 grievous to see suck arbitrary proceedings. Did not the lieutenant of the Tower render (treat) one of them (the jury) worse than a felon? And do you not plainly seem to condemn such for factious fellows who answer not your ends? Unhappy are those juries who are threatened to be fined, and starved, and ruin ed, Penn. "Do your pleasure; I matter not your fetters!" Recorder. "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 unto the Spanish Inquisition be in England." "The jury were once more required to give another verdict; Mr. Lee, the clerk, was also desired to draw up a special one, which he declined; and the Recorder threatened to have the jurors * carted about the city, as in Edward II.'s time." The foreman remonstrated in vain, that any other verdict would be a force on them to save their lives; and the jury refused to go out of court, until obliged by the sheriff. On this, the court inmediately adjourned until next morning at seven o'clock, when the prisoners were, as usual, brought from Newgate, and, being placed at the bar, the clerk demanded, "Is William Penn guilty, or not guilty?" Foreman. "Not guilty!" Is William Mead guilty, or not guilty?" Foreman. "Not guilty!" The bench being still dissatisfied, each of the jury was required to answer distinctly to his name, which being done, and they proving unanimous, the Recorder spoke as fol lows: "I am sorry, gentlemen, you have followed your own judgments and opinions rather than the good and wholesome advice that was given you. God keep my life out of your hands! But for this the court fines you forty marks a-man, and (commands) imprisonment until paid." William Penn. "I demand my liberty, being freed by the jury." Lord Mayor. No, you are in for your fines, 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 14th and 29th 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." Recorder. "Take him away, take bim away; take him out of court." Both jury and prisoners were now forced into the Baile-Dock, for non-payment of their fines, whence they were carried to Newgate. These proceedings, of course, aroused the attention of a nation, justly jealous of the government of such a profligate and arbitrary prince as Charles II. and indignant at the conduct of such a judge as Howel. Sir Thomas Smith, about a century before, had considered the fining, imprisoning, and pu-. nishing, of juries, to be violent, tyrannical, and contrary to the custom of the realm of England; while the celebrated Sir Matthew Hale, who had been chief baron of the exchequer, and chief justice of the king's bench, in this very reign, observed, in his Pleas of the Crown, p. 313, that it would be a most unhappy case for the judge himself, "if the prisoner's fate depended upon his directions, and unhappy also for the prisoner; as, if the judge's opinion must rule the verdict, the trial by jury would be useless." Edward Bushel, a citizen of London, whose name deserves to be handed down to posterity with applause, immediately sued out a writ of Habeas Corpus. Upon the return, it was stated, that he had been committed for that, contrary to law, and against full and clear evidence openly given in court, and against the direction of the court in matter of law, he, as one of a jury, had acquitted William Penn and William Mead, to the great obstruction of justice." This cause was at length heard in the superior courts; and, after a solemn argument before the twelve judges, the above was resolved "to be an insufficient cause for fining and committing the jury. They were accordingly discharged, and they brought actions for damages. Eleven years after this, William Penn. bept the whole force of his capacious mind to a great and noble undertaking. Having, in 1681, obtained from the crown the grant of a large tract of land in America, since named Pennsylvania after himself, as a compensation for the arrears due to him as executor to his father, he took over with him a colony of Quakers, and founded Philadelphia, or the City of Brethren, in allusion to their union and fraternal affection. After thus establishing establishing the beginnings of a future empire, and propounding a body of laws, this truly great man, who reflects so much lustre on the name of Englishman, re turned to his native country, and died at Beaconsfield, in Berkshire, of an apoplexy, in 1718, at the age of seventyfour. ORIGINAL POETRY. THE HYPOCONDRIAC. Time-MIDSUMMER NOON. UNFIT for toil, unable to collect A fixed attention; pained to grasp the thoughts That books present, or close pursue mine own; Weak, weary, wretched, at the sultry hour Of noon, I issue forth with nerves unstrung, Half-lifeless, and unheeding where I stray, Till, crossed the sun-burnt lawn, I reach at length, With many a slow sad step, the sloping bank, Where the pale willow droops athwart the stream; Here, though I taste not gladness, will I stretch My languid frame, beneath the chequered shade, Haply to find a mitigated pain, And lightened feel this burthen of myself, Till day's meridian fierceness be o'er-past. Now all is mute, and the right-downward beam, That browns the pasturage, and drains each flower Of all its freshness', shrivelling up its leaves, Falls too on herd and cattle; round the deer Lic faint beneath their beech-shades, while the flocks Stand idly in the shallows of the brook, Fanning off insects with the slow-swung tail. Where now are all the gambols of their Me too, th' intenseness of the sultry beam Has sunk in languor, drained my nimble spirits, Exhaled the health and marrow of my brain; A heavier load of atmosphere appears attend To pluck their sweetness; ardent fancy sketched, With rainbow hues, upon the pendant veil Or, if a transient sorrow claimed a tear, From the low vale, and bounded at her call, These days-no more of them-Oh! gone they are, For ever gone. Even in the spring of life The rose-buds died. The curtain is drawn up, And lo! the scene is sad reality. And did I fondly ween, Ambition, crowned With glad success, would compensation yield For Pleasure's lie, for Fancy's vanished bliss! Ah! envied few, ye comrades of my youth, With whom I started in life's eager race, And |
