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On William Penn's trial | | | Penn. I say, it is my place to speak to matter of law; I am arraigned a prisoner; my liberty, which is next to life itself, is now concerned: you are many mouths and ears against me, and if I must not be allowed to make the best of my case, it is hard, I say again, unless you shew me, and the people, the law you ground your indictment upon, I shall take it for granted your proceedings are merely arbitrary. | |
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> | The Recorder did not give an answer in the end, and under the pressure of Penn's persistent demand and sarcastic challenge, the Recorder ordered Penn be taken back to the bale-dock. Here Penn directly addressed to the jury for the first time: | | | | |
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> | Penn. These are but so many vain exclamations; is this justice or true judgment? Must I therefore be taken 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. matters of religion) must not be indispensably maintained and observed, who can say he hath right to the coat upon his back? Certainly our liberties are openly to be invaded, our wives to be ravished, our children slaved, our families ruined, and our estates led away in triumph, by every sturdy beggar and malicious informer, as their trophies, but our (pretended) forfeits for conscience sake. The Lord of Heaven and Earth will be judge between us in this matter.
After Mead did a similar thing and was taken to the dock, the Recorder gave an instruction to the jury, that Penn and Mead were indicted for "preaching to the people, and drawing a tumultuous company after them". Penn, shouting from the dock, addressed to the jury that he was not heard for the indictment, and reminded the jury that they can not give a verdict till he was heard and made his defense; the Recorder, couldn't bear Penn anymore, ordered Penn be taken to the Hole. After "some considerable time", the jury gave its first verdict, that Penn was guilty of speaking in Grace-church street, but not guilty of unlawful assembly causing a riot. The Recorder would not accept such a verdict (for what is worth, a not guilty verdict is not a verdict):
Rec. The law of England will not allow you to part till you have given in your Verdict.
Jury. We have given in our Verdict, and we can give in no other.
Rec. Gentlemen, you have not given in your Verdict, and you had its good say nothing; therefore go and consider it once more, that we may make an end of this troublesome business.
The jury returned with the second verdict after one hour and a half, which was the same: guilty of speaking or preaching to an assembly; not a word about it being unlawful. The Court's reaction was not hard to imagine: "both Mayor and Recorder resented at so high a rate, that they exceeded the bounds of all reason and civility." The Recorder made a threat which was repeated many times later:
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 took the chance to speak for the jurors who are his true judges, that they can not be threatened. He then made his defense and urged the jury not give in:
Penn. The agreement of 12 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 contradictory 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.
Penn's speech certainly did its work. The jury was starved for a night, and the next day it gave the same verdict. Then it was sent back to give another verdict; the same result. After repeating for two more times, the jury gave an affirmative not guilty verdict, and the Recorder, couldn't bear with it anymore, accepted the verdict but fined and imprisoned all the jurors; Penn in the end was not released either as he was sent back to prison till he pays the fines for contempt of the Court. | | | |
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