Magazine of Magazines

^ ^ I A G A ^ t N F ^ A G A ^ l ^ F ss,
when he had done, he would bring
bim to the deponent ; and that the deponent
believed, there might be three
or four hundred people assembled there.
Richard Read, the constable, depos'd
That on the 1 4tls of August he found
'a great croud in Graceeburch street, and
heard Mr. Penn preaching to them,
but could not distinguish what he said :
that he endeavoured with his watchmen
to pull him down, but the people
kick'd them ; and that lie law Capt.
Mead fpeaking to lieutenant Cook, but
did not know what Ire said ; and that
he thought there were sour or five hundred
people gathered together.
—Another witness depos'd, He
saw great numbers of people, and he
thought Mr. Penn was fpeaking to 'em,
but he could not hear what he said ;
but that he did not fee Capt. Mead
there.
Rec. What say you, Mr. Mead,
were you there ?
Mead. It is a maritn in your law,
Nemo tenetur sinpsum accuser re a Why
dost thou endeavour to enfnare me.
Is this like a judge, who ought to be
of council for the prisoner ?
Penn. We declare it to all the world,
•vae believe it to be our indifpenfible
duty to meet incessantly upon so good
an account ; nor shall all the powers on
earth divert us from adoring our God
who made us.
Court. Yoti are not here for worsuipping
God, but for breaking the
law.
Penn. I affirm I have broken no law,
and would know upon what law you
ground the indictment?
^ .Rec. Upon the common Law.
Perm. Where is that common law ?
If it were common, it should not be
bard to produce.
Rec. Must I run over all the adjudged
cases, which we call common
law, to satisfy your curiosity ?
Ld. Mayor. It is call'd common, to
distinguish it from statute law t You
must understand, that such assemblies
indanger the publick peace, and therefore
the law deems them unlawful, un-
less they have a warrant for their assembling.
Penn. Mv liberty, which is next ta
lite, is now concern'd ; and 1 fay again,
unless you strew me and the people
the law you ground your indictment
upon, your proceedings are arbitrary
t the question is not, whether l
am guilty of this indictment, but whether
this indictment be legal ^
Rec. If l should suffer you to ask
questions till to-mortoyy, you would he
never the wiser.
Penn. That is accoroing as the anfwers
are : 1 design no affront to the
court ; but if you deny me oyer of
that law you suggest l have broken,
you evidence to the whole world your
resolution to sacrifice the privileges of'
Englishmen to your sinister and arbitrary
designs.
Ld. Mayor. Take him away ; turn
him into the bail -dock.
Penn. Must 1 be taken away, because
I plead for tire fundamental laws of
England ? However, 1 leave it upon the
consciences of the jury, who are my
sole judges, whether those antient laws,
that relate to liberty and property, and
are not limited to particular perswasions
iii matters of religion, ouulit not to be
es • es
indifpensibly maintain'd ; otherwise who
can fay he has a right to the coat upon
his back ? Our liberties may be invaded
our wives ravished, our children
made Slaves, our families ruin'd, arcs
our estates carried off in triumph hy
every sturdy beggar, and malicious Informer.
Then he was carried away into the
bail-cock.
Mceed. You men of the jury, I stassd
here to anfwer an indictment, which ts
a bundle of stuff full of lies and salshood
.• they charge me, that l met
Pit' & armis illicite & lumulluosc Tiose
was indeed, when lhad freedom to ule
a carnal weapon, and then I thought 1
sear'el no man, but now l fear the living
God, and dare not make ple thereof,
or hurt any man ; nor do l knov.
I demeanld myself as a tumultuous person;
and therefore William Perm P^'