Darby, Jacob Tonson, and John Walthoe, Junior, in 1719, where is found this first record of a legal effort to punish free speech among the English race--and by the same token to vindicate it. Reported by the accused, it no less reads fair. The "Observer" whose comments interlard and conclude the "Tryal" was Penn. It was a rare proceeding in which both prisoners and jury ended up in jail for their obduracy in maintaining that right to speak as we may, which is still one of the most difficult to maintain, and yet remains the foundation of human liberty.

D. C. S.

COS COB, CONN.,

March 15, 1919.

THE TRYAL of WILLIAM PENN _and_ WILLIAM MEAD, _at the Sessions held at the_ Old Baily _in_ London, _the 1st, 3rd, 4th, and 5th of_ September, _1670. Done by themselves_.

PRESENT

SAM. STARLING, _Mayor_

THO. HOWEL, _Recorder_.

THO. BLOODWORTH, _Alderman_.

WILLIAM PEAK, _Alderman_.

JOHN ROBINSON, _Alderman_.

RICHARD FORD, _Alderman_.

JOSEPH SHELDEN, _Alderman_.

JOHN SMITH, JAMES EDWARDS, RICHARD BROWNE, _Sheriffs_.

CRYER. O Yes, _Thomas Veer, Edward Bushel, John Hammond, Charles Milson, Gregory Walklet, John Brightman, William Plumsted, Henry Henley, Thomas Damask, Henry Michel, William Lever, John Baily_.

The Form of the OATH.

"You shall well and truly Try, and true Deliverance make betwixt our Sovereign Lord the King, and the Prisoners at the Bar, according to your Evidence. _So help you God_."

That _William Penn_, Gent. and _William Mead_, late of _London_, Linnen-Draper, with divers other Persons to the Jurors unknown, to the Number of 300, the 14th Day of _August_, in the 22d Year of the King, about Eleven of the Clock in the Forenoon, the same Day, with Force and Arms, _&c_. in the Parish of _St. Bennet Gracechurch_ in _Bridge-Ward, London_, in the Street called _Gracechurch-Street_, unlawfully and tumultuously did Assemble and Congregate themselves together, to the Disturbance of the Peace of the said Lord the King: And the aforesaid _William Penn_ and _William Mead_, together with other Persons to the Jurors aforesaid unknown, then and there so Assembled and Congregated together; the aforesaid _William Penn_, by Agreement between him and _William Mead_ before made, and by Abetment of the aforesaid _William Mead_, then and there, in the open Street, did take upon himself to Preach and Speak, and then and there did Preach and Speak unto the aforesaid _William Mead_, and other Persons there, in the Street aforesaid, being Assembled and Congregated together, by Reason whereof a great Concourse and Tumult of People in the Street aforesaid, then and there, a long time did remain and continue, in contempt of the said Lord the King, and of his Law, to the great Disturbance of his Peace; to the great Terror and Disturbance of many of his Leige People and Subjects, to the ill Example of all others in the like Case Offenders, and against the Peace of the said Lord the King, his Crown and Dignity.

What say you, _William Penn_ and _William Mead_, are you Guilty, as you stand indicted, in Manner and Form, as aforesaid, or Not Guilty?

PENN. It is impossible, that we should be able to remember the Indictment verbatim, and therefore we desire a Copy of it, as is customary in the like Occasions.

RECORDER. You must first plead to the Indictment, before you can have a Copy of it.

PEN. I am unacquainted with the Formality of the Law, and therefore, before I shall answer directly, I request two Things of the Court. First, that no Advantage may be taken against me, nor I deprived of any Benefit, which I might otherwise have received. Secondly, that you will promise me a fair hearing, and liberty of making my Defence.

COURT. No Advantage shall be taken against you; you shall have Liberty; you shall be heard.

PEN. Then I plead Not guilty in Manner and Form.