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A54186 The peoples ancient and just liberties asserted in the tryal of William Penn, and William Mead, at the sessions held at the Old-Baily in London, the first, third, fourth and fifth of Sept. 70. against the most arbitrary procedure of that court. Penn, William, 1644-1718.; Mead, William, 1628-1713, defendant. 1670 (1670) Wing P1334B; ESTC R222457 38,197 64

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THE Peoples Ancient and Just Liberties ASSERTED IN THE TRYAL OF William Penn and William Mead At the Sessions held at the Old-Baily in London the first third fourth and fifth of Sept. 70. against the most Arbitrary procedure of that Court. Isa 10. 1 2. Wo unto them that Decree Unrighteous Decrees and write grievousness which they have prescribed to turn away the Needy from Judgment and to take away the right from the Poor c. Psal 94. 20. Shall the Throne of Iniquity have fellowship with thee which frameth mischief by a Law Sic volo sic jubeo stat pro ratione voluntas Old-Baily 1st 3d. 4th 5th of Sept. 1670. Printed in the Year 1670. To the English Reader IF ever it were time to speak or write t is now so many strange Occurrances requiring both How much thou art concerned in this ensuing Tryal where not only the Prisoners but the Fundamental Laws of England have been most Arbitrarily Arraigned Read and thou mayst plainly judge Liberty of Conscience is counted a Pretence for Rebelliion and Religious Assemblies Routs and Riots and the Defenders of both are by them reputed Factious and dis-affected Magna Charta is Magnaf with the Recorder of London and to demand Right an Affront to the Court. Will and Power are their great Charter but to call for Englands is a Crime incurring the penalty of their Bale-Dock and Nastyhole nay the menace of a Gag and Iron Shackles too The Jury though proper Judges of Law and Fact they would have over-ruled in both as if their Verdict signified no more then to eccho back the illegal charge of the Bench and because their courage and honesty did more then hold pace with the threat and abuse of those who sate as Judges after two dayes and two nights restraint for a Verdict in the end were fined and imprisoned for giving it O! what monstrous and illegal proceedings are these Who reasonably can call his Coat his own When Property is made subservient to the Will and Interest of his Judges or who can truly esteem himself a Free man When all Pleas for liberty are esteemed Sedition and the Laws that give and maintain them so many insignificant pieces of formality And What do they less then plainly tell us so who at will and pleasure break open our Locks rob our Houses raze their Foundations imprison our Persons and finally deny us Justice to our relief as if they then acted most like Christian men when they were most barbarous in ruining such as really are so and that no Sacrifice could be so acceptable to God as the destruction of those that most fear him In short That the Conscientious should only be obnoxious and the just demand of our Religious Liberty the reason why we should be denyed our civil freedom as if to be a Christian and an English-man were inconsistant and that so much solicitude and deep contrivance should be imployed only to ensnare and ruin so many ten thousand conscientious Families so eminently industrous serviceable and exemplary whilst Murders can so easily obtain pardons Rapes be remitted publique Uncleanness pass unpunisht and all manner of Levity Prodigallity Excess Prophaneness and Atheism universally connived at if not in some respect manifestly encouraged cannot but be detestably abhorrent to every serious and honest mind Yet that this lamentable state is true and the present Project in hand let London's Recorder and Canterburies Chaplain be heard The first in his publique Panegerick upon the Spanish inquisition highly admiring the Prudence of the Romish Church in the erection of it as an excellent way to prevent Schism which unhappy expression at once passeth sentence both against our fundamental Laws and Protestant Reformation The second In his printed Mercenary discourse against Toleration asserting for a main Principle That it would be less injurious to the Government to dispence with prophane and loose Persons then to allow a toleration to religious Dissenters It were to over-do the business to say any more where there is so much said already And therefore to conclude we cannot choose but admonish all as well Persecutors to relinquish their Heady Partial and Inhumane Prosecutions as what will certainly issue in disgrace here and inevitable condign punishment hereafter as those who yet dare express their moderation however out of fashion or made the brand of Phanatischism not to be huf d or menaced out of that excellent temper to make their parts and persons subservient to the base humors and sinister designs of the bigest mortal upon Earth But to reverence and obey the Eternal just God before whose great Tribunal all must render their accounts and where he will recompence to every Person according to his works The Tryal of William Penn and William Mead. AS there can be no Observation where there is no Action so it s impossible there should be a juditious Intelligence without due Observation And since there can be nothing more seasonable then a right Information especially of Publick Acts and well knowing how industrious some will be to mis-represent this Tryal to the disadvantage of the Cause and Prisoners it was thought requisite in defence of both and for the satisfaction of the People to make it more publick nor can there be any business wherein the People of England are more concerned then in that which relates to their civil and Religious Liberties questioned in the Persons above-named at the Old-Baily the first third fourth and fifth of Sept. 1670. There being present Sam. Starling Mayor Tho. Howel Recorder Tho. Bludworth Alder. William Peak Alderm Richard Ford Alderman Joseph Shelden Alderman John Smith James Edwards Sheriffs Cryer O Yes Thomas Veer John Bushel John Hammond Charles Milson Gregory Walklet John Brightman Wil. Plumsted Henry Henley Thomas Damask Henry Michel William Lever John Baily The Form of the Oath You shall well and truely try and true Deliverance make betwixt our Soveraign 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 three hundred the 14th day August in the 22th year of the King about eleaven of the clock in the ●orenoon the same day with force and arms c. in the Parish of St. Bent Grace-Church in Bridge-ward London in the Street called Gratious-Church-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 assemble and congregate 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 along 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 Rec. You must first plead to the indictment before you can have a Copy of it Pen. Iam 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 mē 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 Cla. 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 guity in manner and form The Court adjourned until the afternoon Cryer O yes c. Cla. Bring William Penn and William Mead to the Bar. Obser 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 Tryals of Fellons 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 Cry O yes c. Cla. Bring William Penn and William Mead before 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 Kings Court Pen. I know it to be a Court and I suppose it to be the Kings 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 Recor. 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 yeild to the guidance of his holy Spirit for he is not far from every one of you The Jury Sworn again Obser J. Robinson Lievtenant of the Tower disingeniously objected against John Bushell as if he had not kist the Book and therefore would have him sworn again though 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 Clark read the indictment as aforesaid Clar. Cryer Call James Cook into the Court give him his Oath Cla. James Cook lay your hand upon the book the evidence you shall give to the Court betwixt our Soveraign 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 c. Cook I was sent for from the Exchange to go and disperse a Meeting in Gratious-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 Captain 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 Cour. What number do you think might be there Cook About three or four hundred People Cour. Call Richard Read Give him his Oath Read being sworn was askt what do you know concerning the Prisoners at the Bar. Read My Lord I went to Gratious street where I found a great croud of People and I heard Mr. Pen preach to them and I saw Captain Mead speaking to Leivtenant Cook but what he said I could not tell Mead What did William Penn say Read There was such a great noise that I could not tell what he said Mead Jury observe this Evidence He saith he heard him preach and yet saith he doth not know what he said Jury take notice he swears now a clean contrary thing to what he swore before the Mayor when we were committed For now he swears that he saw me in Gratious-street and yet swore before the Mayor when I was committed that he did not see me there I appeal to the Mayor himself if this be not true but no answer was given Cour. What number do you think might be there Read About four or five hundred Pen. I desire to know of him what day it was Read Answ the 14th day of August Pen. Did he speak to me or let me know he was there for I am very sure I never saw him Cla. Cryer call into the Court. Cour. give him his Oath My Lord I saw a great number of People and Mr Penn I suppose was speaking I see him make a motion with his hands and heard some noise but could not understand what he said but for Captain Mead I did not see him there Rec. What say you Mr. Mead were you there Mead It is a Maxim in your own Law Nemo tenetur accusare seipsum which if it be not true Latine I am sure it is true Enlish That no man is bound to accuse himself And why dost thou offer to ensnare
assessed but by the Oath of good and honest men of the Vicinage No Free-man shall be taken or imprisoned nor be disseized of his Free-hold or Liberties or free Customs or be Out-lawed or Exiled or any other wayes destroyed nor we shall not pass upon him nor condemn him but by lawfull judgement of his Peers or by the Law of the Land we shall sell to no man we shall deny nor defer to no man either Justice or Right And to all these Customs Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth to us and our Heirs we shall observe and all men of this our Realm as well Spiritual as Temporal as much as in them is shall observe the same against all persons in likewise And for this our Gift and Grant of these Liberties and for other contained in our Charter of Liberties of our Forrest the Arch-Bishops Bishops Abots Priors Earls Barons Knights Free-holders and other our Subjects have given unto us the fifteenth pars of all their moveables And we have granted unto them on the other part that neither we nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken and if any thing be procured by any person contrary to the Premises shall be had of no force nor effect These being Witnesses Boniface Arch-Bishop of Canterbury c. We ratifying and approving those Gifts and Grants aforesaid confirm and make strong all the same for us and our Heirs perpetually and by the Tenor of these Presents do renew the same willingly and granting for us and our Heirs that this Charter in all and singular his Articles for evermore shall be stedfastly firmly and inviolably observed And if any Article in the same Charter contained yet hither to peradventure hath not been observed nor kept we will and by our Authority-Royal command from henceforth firmly they be observed Witness c. The Sentence of Curse given by the Bishops with the Kings consent against the Breakers of the great Charter IN the year of our Lord 1253. the third day of May in the great Hall of the King at Westminster in the presence and by the consent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwall his Brother Roger Bigot Earl of Norfolk Marshal of England Humphr● Earl of Hereford Henry Earl of Oxford John Earl Warren and other Estates of the Realm of England We Boniface by the mercy of God Arch-Bishop of Centerbury Primate of England F. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich P. of Hereford W. of Salesbury W. of Durham R. of Excester M. of Carlile W. of Bath E. of Rochester T. of St Davids Bishops apparelled in Pontificals with Tapers burning against the Breakers of the Churches Liberties and of the Liberties and other Customs of this Realm of England and namely these which are contained in the Charter of the common Liberties of England and Charter of the Forrest have denounced Sentence of Excommunication in this form by the Authority of Almighty God the Father the Son and the Holy Ghost c. of the bl●ssed apostl●s Peter and Paul and of all Apostles and of all Martyrs of bl●ssed Edw. King of England and of all the Saints of Heaven We Excommunicate and Accurse and from the benefits of our holy Mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her Right and all those that by any craft or willingness do violate break diminish or change the Churches Liberties and free Customs contained in the Charters of the common Liberties and of the Forrest granted by our Lord the King to Arch-Bishops Bishops and other Prelates of England and likewise to the Earls Barons Knights and other Free-holders of the Realm and all that secretly and openly by deed word or counsel do make Statutes or observe them being made and that bring in Customs to keep them when they be brought in against the said Liberties or any of them and all those that shall presume to judge against them and all and every such person before mentioned that ●iningly shall commit any thing of the premises let them well know that they incur the aforesaid Sentence ipso facto A Confirmation of the Charters and Liberties of England and of the Forrest made the twenty fifth year of Edward the first EDward by the Grace of God King of England Lord of Ireland Duke of Guyan to all those that these present Letters shall hear or see greeting Know ye that we to the honour of God and to the profit of our Realm have granted for us and our Heirs and the Charter of Liberties and the Charter of Forrest which were made by common assent of all the Realm in the time of King Henry our Father shall be kept in every point without breach and we will that the same Charters shall be sent under our Seal as well to our Justices of the Forrest as to others and to all Sheriffs of Shires and to all our other Officers and to all our Cities throughout the Realm together with our Writs in the which it shall be contained that they cause the aforesaid Charters to be published and to declare to the People that we have confirmed them in all points and that our Justices Sheriffs Mayors and other Ministers which under us have the Laws of our Land to guide shall allow the same Charters pleaded before them in Judgment in all their points that is to wit the great Charter as the Common Law and the Charter of our Forrest for the Welch of our Realm And we will that if any judgment be given from henceforth contrary to the points of the Charter aforesaid by the Justices or by any other of our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for naught And we will that the same Charters shall be sent under our Seal to Cathedral Churches throughout our Realm there to remain and shall be read before the people two times by the year And that all Arch-bishops and Bishops shall pronounce the Sentence of Excommunication against all those that by word deed or counsel do contrary to the foresaid Charters or that in any point do break or undo them And that the said Curses be twice a year denounced and published by the Prelates aforesaid and if the same Prelates or any of them be remiss in the denunciation of the said Sentences the Arch-bishops of Canterbury and York for the time being shall compel and distrain them to the execution of their duties in form aforesaid The Sentence of the Clergy against the Breakers of the Articles above-mentioned IN the Name of the Father the Son and the Holy Ghost Amen Whereas our Soveraign Lord the King to the honour of God and of holy Church