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canting Fellow? I warrant you, you shall come no more upon Juries in haste:
You are a Fore-man indeed, addressing himself to the Fore-man, I thought
you had understood your Place better.
REC. Gentlemen, you shall not be dismist till we have a Verdict, that the
Court will accept; and you shall be lock'd 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.
PEN. 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
them, but not forestall 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.
REC. Stop that prating Fellow's Mouth, or put him out of the Court.
MAY. You have heard that he preach'd, that he gathered a Company of
tumultuous People, and that they do not only disobey the Martial Power,
but Civil also.
PEN. 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 (1st.) 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 (2dly.) because it was
no new thing (nor with the Circumstances expres'd in the Indictment) but
what was usual and customary with us; 'tis very well known that we are a
peaceable People, and cannot offer Violence to any Man.
OBSER. The Court being ready to break up, and willing to huddle the
Prisoners to their Goal, and the Jury to their Chamber, Penn spoke as
follows:
PEN. 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
contradictory to this, I affirm they are perjur'd Men in Law. And looking
upon the Jury, said, You are _Englishmen_, mind your Privilege, give not
away your Right.
BUSH. &c. Nor will we ever do it.
OBSER. One of the Jury-men pleaded Indisposition of Body, and therefore
desired to be dismist.
MAY. You are as strong as any of them; starve with them; and hold your
Principles.
REC. 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 dismist.
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
Chamberpot, tho' desired.
CRY. O Yes, _&c._
OBSER. The Court adjourns till Seven of the Clock next Morning (being the
4th Instant, vulgarly call'd Sunday) at which time the Prisoners were
brought to the Bar: The Court sat, and the Jury called to bring in their
Verdict.
CRY. O Yes, _&c._ ---- Silence in the Court, upon pain of Imprisonment.
The Jury's Names called over.
CLER. Are you agreed upon your Verdict?
JUR. Yes.
CLER. Who shall speak for you?
JUR. Our Fore-man.
CLER. 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?
FORE-M. _William Penn_ is guilty of Speaking in _Gracechurch-Street_.
MAY. To an unlawful Assembly?
BUSH. No, my Lord, we give no other Verdict than what we gave last Night;
we have no other Verdict to give.
MAY. You are a factious Fellow, I'll take a Course with you.
BLOOD. I knew Mr. _Bushel_ would not yield.
BUSH. Sir _Thomas_ I have done according to my Conscience.
MAY. That Conscience of yours would cut my Throat.
BUSH. No, my Lord, it never shall.
MAY. But I will cut yours so soon as I can.
REG. He has inspired the Jury; he has the Spirit of Divination, methinks
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