the People, the Law you ground your Indictment upon, I shall take it for granted your Proceedings are meerly Arbitrary.

REC. The Question is, whether you are guilty of this Indictment?

PEN. The Question is not whether I am guilty of this Indictment, but whether this Indictment be legal. It is too general and imperfect an Answer, to say it is the Common Law, unless we knew both where, and what it is: For where there is no Law, there is no Transgression; and that Law which is not in being, is so far from being Common, that it is no Law at all.

REC. You are an impertinent Fellow, will you teach the Court what Law is? It's _Lex non scripta_, that which many have studied thirty or forty Years to know, and would you have me to tell you in a Moment?

PEN. Certainly, if the Common Law be so hard to be understood, it's far from being very Common; but if the Lord _Cook_, in his _Institutes_, be of any Consideration, he tells us, That Common Law is Common Right, and that Common Right is the Great Charter-Privileges: Confirmed 9 _Hen_. 3. 29. 25 _Edw_. I. i. 2 _Edw_. 3. 8. _Cook Instit_. 2 p. 56.

REC. Sir, you are a troublesome Fellow, and it is not for the Honour of the Court to suffer you to go on.

PEN. I have asked but one Question, and you have not answer'd me; tho' the Rights and Privileges of every _Englishman_ be concerned in it.

REC. If I should suffer you to ask Questions till to Morrow Morning, you would be never the wiser.

PEN. That is according as the Answers are.

REC. Sir, we must not stand to hear you talk all Night.

PEN. I design no Affront to the Court, but to be heard in my just Plea: And I must plainly tell you, that if you will deny me Oyer of that Law, which you suggest I have broken, you do at once deny me an acknowledged Right, and evidence to the whole World your Resolution to sacrifice the Privileges of _Englishmen_ to your sinister and Arbitrary Designs.

REC. Take him away. My Lord, if you take not some Course with this pestilent Fellow, to stop his Mouth, we shall not be able to do any thing to Night.

MAYOR. Take him away, take him away, turn him into the Bale-dock.

PEN. 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 indispensibly 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.

REC. Be silent there.

PEN. I am not to be silent in a Case wherein I am so much concerned, and not only my self, but many ten thousand Families besides.

OBSER. They having rudely haled him into the Bale-dock, _William Mead_ they left in Court, who spake as followeth.

MEAD. 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 Falshoods; for therein I am accused, that I met _Vi & armis, illicite & 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 God, and dare not make use thereof, nor hurt any Man; nor do I know I demeaned my self as a tumultuous Person: I say, I am a peaceable Man, therefore it is a very proper Question what _William Penn_ demanded in this Case, An Oyer of the Law, in which our Indictment is grounded.