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 Tryal Of William Penn And William Mead For Causing A Tumult,... by Seitz, Don Carlos Page 5  



CLERK. What sayest thou, William Mead, art thou Guilty in Manner and Form, as thou standest indicted, or Not guilty?

MEAD. I shall desire the same Liberty as is promised William Penn.

COURT. You shall have it.

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

The Court adjourn'd until the Afternoon.

* * * * *

CRYER. O Yes, _&c_.

CLER. Bring _William Penn_ and _William Mead_ to the Bar.

OBSERV. The said Prisoners were brought, but were set aside, and other Business prosecuted. Where we cannot choose but observe, that it was the constant and unkind Practices of the Court to the Prisoners, to make them wait upon the Trials of Felons and Murderers, thereby designing, in all probability, both to affront and tire them.

After five Hours Attendance, the Court broke up and adjourned to the third Instant.

* * * * *

The third of _September_ 1670, the Court sate.

CRYER. O Yes, _&c._

CLER. Bring _William Penn_ and _William Mead_ to the Bar.

MAYOR. Sirrah, who bid you put off their Hats? Put on their Hats again.

OBSER. Whereupon one of the Officers putting the Prisoners Hats upon their Heads (pursuant to the Order of the Court) brought them to the Bar.

RECORD. Do you know where you are?

PEN. Yes.

RECORD. Do not you know it is the King's Court?

PEN. I know it to be a Court, and I suppose it to be the King's Court.

RECORD. Do you not know there is Respect due to the Court?

PEN. Yes.

RECORD. Why do you not pay it then?

PEN. I do so.

RECORD. Why do you not pull off your Hat then?

PEN. Because I do not believe that to be any Respect.

RECORD. Well, the Court sets forty Marks a piece upon your Heads, as a Fine for your Contempt of the Court.

PEN. I desire it might be observed, that we came into the Court with our Hats off (that is, taken off) and if they have been put on since, it was by Order from the Bench; and therefore not we, but the Bench should be fined.

MEAD. I have a Question to ask the Recorder. Am I fined also?

RECORD. Yes.

MEAD. I desire the Jury, and all People to take notice of this Injustice of the Recorder; who spake to me to pull off my Hat? and yet hath he put a Fine upon my Head. O fear the Lord, and dread his Power, and yield to the Guidance of his Holy Spirit, for he is not far from every one of you.

The Jury sworn again.

OBSER. _J. Robinson_, Lieutenant of the _Tower_, disingenuously objected against ---- _Bushel_, as if he had not kiss'd the Book, and therefore would have him sworn again; tho' indeed it was on purpose to have made use of his Tenderness of Conscience in avoiding reiterated Oaths, to have put him by his being a Jury-man, apprehending him to be a Person not fit to answer their Arbitrary Ends.

The Clerk read the Indictment, as aforesaid.

CLERK. Cryer, Call _James Cook_ into the Court, give him his Oath.

CLERK. _James Cook_, lay your Hand upon the Book.

_The Evidence you shall give to the Court, betwixt our Sovereign the King, and the Prisoners at the Bar, shall be the Truth, and the whole Truth, and nothing but the Truth_. So help you God.

COOK. I was sent for, from the _Exchange_, to go and disperse a Meeting in _Gracechurch-Street_, where I saw _Mr. Penn_ speaking to the People, but I could not hear what he said, because of the Noise; I endeavoured to make way to take him, but I could not get to him for the Crowd of People; upon which _Capt. Mead_ came to me, about the Kennel of the Street, and desired me to let him go on; for when he had done, he would bring _Mr. Penn_ to me.

COURT. What Number do you think might be there?

COOK. About three or four Hundred People.

COURT. Call _Richard Read_, give him his Oath.

READ being sworn was ask'd, what do you know concerning the Prisoners at the Bar?

READ. My Lord, I went to Gracechurch-Street, where I found a great Crowd of People, and I heard _Mr. Penn_ preach to them; and I saw Capt. Mead

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