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lord_n	john_n	justice_n	thomas_n	17,750	5	8.7458	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61336	An answer to the seditious and scandalous pamphlet entituled The tryal of W. Penn and W. Mead at the sessions held at the Old Baily, London, the 1, 3, 4, 5 of Sept., 1670 contained in four sections / written by S.S. ...	Starling, Samuel, Sir, d. 1674.	1671 (1671)	Wing S5296; ESTC R1083	20,075	41

AN ANSWER To the Seditious and Scandalous PAMPHLET ENTITULED The Tryal of W. Penn and W. Mead at the Sessions held at the Old Baily London the 1 3 4 5 of Sept. 1670. CONTAINED In FOUR SECTIONS SECT I. The Design of the Libellous Pamphlet discovered II. The Scandals against the then Lord Mayor Sir Thomas Bludworth and Sir John Hovel Recorder Answered III. The Justice and Honour of that Court Vindicated by a True and Impartial Relation of that whole TRYAL IV. The Fining of that Jury that gave two contrary Verdicts justified to prevent a Failer of Justice in LONDON Jude Verse 8. These filthy Dreamers defile the Flesh despise Dominions speak evil of Dignities Verse 19. These be they who separate themselves sensual having not the Spirit Written by S. S. a Friend to JUSTICE and Courts of JUSTICE LONDON Printed by W. G. 1671. SECT I. The Design of the Libellous Pamphlet discovered by way of Preface to the Impartial and Ingenious Reader SEmper ego Auditor tantum Nunquamrè reponam Can it be that a dumb Child can stand by and see a Traitor about to assassinate his Soveraign and not cry out Miles noli Regem ferire Do not kill the King Or can or ought I to be silent and hear a turbulent and inhumane sort of People called Qnakers in a printed Book by them falsely Entituled 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 fifth of September 1670. Which Book I have great reason to believe was composed by William Penn the half Quaker and therefore can give it no other name but The Second Part to his Blasphemous Treatise called The Sandy Foundations shaken for it 's no wonder that if he who could daringly Blaspheme the Holy Trinity in that Book should not blush to villifie and contemn the Kings Court and falsely scandalize and reproach the Kings Justices and revile all Methods of Law and Forms of Indictments calling them detestable Juggles and stiling this particular Indictment a Romance Indictment fol. 29. sect 4. and his Brother William Mead to the like purpose stiles this Indictment a bundle of stuff Lyes and Falshoods fol. 13. Penn's impudency carrying him still further to endevour in a popular way to subject the Fundamental Laws of the Land impudently asserting in his Preface to the said Book That the Jury were the proper Judges both of Law and Fact vid. fol. 3. And Penn being for his turbulency and impertinency commanded to be put into the Bail-dock exclaimed with a loud voice to the Jury This I leave upon your Consciences who are of the Jury and my sole Judges c. vid. fol. 12. Now Gentlemen of the long Robe look to your selves and your Westminster-Hall If these learned Reformers of Religion shall likewise Reform your Laws and Methods of Proceedings as doubtless they design it and make twelve Jury-men eleven of which it 's possible can neither write nor read to be the sole Judges both of Law and Fact farewel then to your great Acquisitions your Year books then will be out of date and an Ouster will be put to your Books of Entries These are the Beasts of Ephesus that the late Lord Mayor Recorder and Bench of Justices have been contending withall the Court asserting the Jury to be Judge of the Fact only and that it was the Courts Prerogative to judge the Law according to the old Maxim Ad questionem juris respondent Judices ad questionem facti respondent Juratores And doth not Magna Charta say in effect as much which they so much glory in for their own Ends although when it toucheth them in point of observing the Laws of the Holy Church and Gods Worship they will call it Magna Fartha or something worse Doth not the Great Charter made Anno 9. Hen. iij. Chap. 29 say That no Freeman shall be taken or imprisoned nor be disseized of his Freehold or Liberties or free Customs or be Out-lawed or Exiled or any other ways destroyed nor we shall not pass upon him nor condemn him but by lawful judgment of his Peers or by the Law of the Land This or is disjunctive or copulative if disjunctive then it must imply some other Judges besides the Jury of twelve Men which are called the Peers or Equals if it be taken copulative or for and it still implies another Jurisdiction besides that of the Peers and per Legem terrae in that place cannot as this Novice of the Law doth infinuate be understood to be the Tryal of the Jury only but to be the Tryal both of Judge and Jury according to that Maxim Ex facto jus oritur Therefore the Form of Entry of the Judgment is Ideo consider at umi est per curiam Vid. Coke's Institutes lib. 2. cap. 12. sect 234. fol. 154 155. If the Law be as this Youngster would have it viz. that the Jury is both Judge of Law and Fact and that the Kings Justices cannot Fine for Contempt of the Court nor correct the Corruption or Misdemeanor of Jury-men nor inform their Ignorance nor rectifie their Mistakes the Justices in Oyer and Terminer have that Name for nothing and the Justices will be but Cyphers and sit there only to be derided and villified by every saucy and impertinent Fellow Thus you see Gentlemen if these things take place they will not only do as their Brethren the late Reformers of Law and Religion turn the Laws into English but turn the Judges and Juries also out of Westminster-Hall and set up a High Court of Justice of Saints and this John of Leyden together with his Brethren the Quakers who esteem themselves the Saints shall judge the World Which God for his Name Sake prevent Sic precatur seriò S. S. SECT II. The Libellous Scandal against the then Lord Mayor Sr. Thomas Bludworth Sr. John Hovel Recorder Answered and Refelled Jude 9. Yet Michael the Archangel when contending with the Devil he disputed about the Body of Moses durst not bring against him a railing Accusation but said The Lord rebuke thee Verse 10. But these speak evil of those things which they know not THese People called Quakers if they are to be believed will tell you they have this Angelical Spirit the Meekness of Moses the Patience of Job and all other Graces But the contrary appears fol. 57. of William Penn's Book Vide this Passage But above all Dissenters had little reason to have expected that Bourish Fierceness from the Mayor of London when they consider his eager prosecution of the Kings Party under Cromwel's Government as thinking he could never give too great a Testimony of his Loyalty to that new Instrument which makes the old Saying true That one Renegado is worse than three Turks A high Charge against Sr. Samuel Starling then Lord Mayor if true Cujus contrarium verum and therefore a Railing Acusation And that Light which

no ways justifie the Papists in preventing the first Reformation by the Hellish Inquisition If these Libellers had but the least grain of Charity they would have construed the words cum grano salis in initiori sensu as the Rule of Charity directs all words to be construed and they will admit of no other construction but this viz. That if the Papists be so politick and prudent by their Inquisition to preserve and maintain their false Religion surely it will be the Protestants prudence to find ways for the preservation of their true Religion Quod Faxit DEVS SECT III. The Justice and Honour of that Court Vindicated by a True and Impartial Relation of that whole Tryal THe Trial of William Penn and William Mead at the Old-Baylie London the 1 st 3 d. 4 th 5 th of September 1670. being made publick by a Libellers hand tending to the Dishonour of Justice and Courts of Justice with divers Scandalous and Malicious Observations thereupon I thought good being an Eye and Ear witness of all that passed to give a True and Impartial Relation of that Affair whereby the Justice Candor and Integrity of that Court towards the Prisoners and the Scornful Abusive and Unbecoming Behaviour of the Prisoners towards the Court may be made manifest to the world There being present Sr. Sam Starling Kt. then L. Mayor Sr. John Robinson Kt. Sr. Tho. Bludworth Kt. and Ald. Sr. William Peake Kt. and Ald. Sr. John Hovel Kt. and Recorder Sr. R. Ford Kt. Ald. Sr. J. Shelden Kt Ald. Sheriffs Sr. John Smith Sr. James Edwards I thought good to set down the Names of those Justices who were present at that Trial Honoris causâ with all their Additions and Titles that so the World may know that the City of London wants not Worthy Patriots who dare call to Accompt these vile railing Rabshekah's of this Age who speak evil of our Religion and our God and the rather because the Libeller hath in a disgraceful way prefix'd their Names without any Additions to his Narrative thereby intending to make them odioas to the People Cryer O Yes Thomas ●●●● _____ Bushel John Hammond Charles Milson Gregory Walklet John Brightman Will. Plumsted Henry Henley Thomas Damask Henry Michel William Lever John Bail The Form of the Oath You shall well and truly 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 The Indictment 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 of August in the 22th Year of the King about Eleven of the Clock in the Forenoon the same day with Force and Arms c. in the Parish of S. Bennet Grace-Church in Bridge-Ward London in the Street called Grace-Church-Street unlawfully and tumultuously did assemble and congregate themselves together to the disturbance of the Peace of our 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 aforelaid 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 our 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 Liege People and Subjects to the ill example of all others in the like Case Offenders and against the Peace of our 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 Penn. 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 and that the Court would be my Council Court No advantage shall be taken against you you shall have liberty you shall be heard this is an Indictment for Trespass therefore you may have what Council you please Penn. Then I plead not Guilty in manner and form Clerk What saist thou William Mead art thou Guilty in manner and form as thou stand'st 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 Third of September 1670. the Court sate Cryer Oyes c. Cler. Bring William Penn and William Mead before the Barr. Mayor Sirrah Who bid you put off their Hats Give them their Hats again Nota. The Prisoners in stubborn manner refusing to take their Hats they were put on again by the same person before they came into the Court. Nota. The Court observing that the Prisoners standing on the Leads behind the Barr with their Hats on facing the Court all that day as it were daring the Court to a Tryal so that the Court and all the Spectators looked upon them as offering a great Affront to the Honour of His Majesties Court the Justices were resolved to chastise them for the same The Prisoners standing before the Barr with their Hats on the Recorder said Rec. Do you know where you are Penn. Yes Rec. Do you not know it is the Kings Court Penn. I know it to be a Court and I suppose it to be the Kings Court. Rec. Do you not know there is respect due to the Court Penn. I do so Rec. Why do you not pull off your Hat then Penn. Because I do not believe that to be any respect Rec. Well the Court sets Forty Marks a piece on your Heads as a Fine for your Contempt of the Court. Penn 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 ought to be Fined Nota. This is a great Falshood for their Hats were put on behind the Barr before they came into the Court. Mead. I have a Question to ask

themselves they allowed of no such Word as an Vnlawful Assembly in their Verdict Rec. The Law of England will not allow you to depart till you have given in your Verdict Jury We have given in our Verdict and can give in no other Rec. Gentlemen you have not given in your Verdict this is no Verdict in Law and you had as good say nothing therefore go and consider it again once more that we may make an end of this troublesome business Jury We desire we may have Pen Ink and Paper Nota The Court adjourns for half an hour The Court returns and the Jury come down likewise The Prisoners are brought to the Bar The Jury being called over Cler. Are you agreed of your Verdict Jury Yes Cler. Who shall speak for you Jury Our Fore-man Cler. Look upon the Prisoners what say you Is William Penn guilty in Manner and Form as he stands Indicted or not guilty Fore-m. Here is our Verdict holding forth a piece of Paper to the Clerk of the Peace which follows VVE the Jurors hereafter named do find William Penn to be guilty of Speaking or Preaching to an Assembly met together in Gracious-Street the 14 th of August-last 1670. And that William Mead is not guilty of the said Indictment Thomas Veer Fore-man Edward Bushel John Hammond Henry Henley Henry Michel John Brightman Charles Milson Gregory Walklet John Baily William Lever James Damask William Plumsted Nota Some of the Court were for accepting this Verdict but the Evidence being as plain and full against Mead as against Penn the Court refused the Verdict Mayor What will you be led by such a silly Fellow as Bushel a Canting Fellow I warrant you you shall come no more upon Juries in haste You are a Fore-man indeed I thought you had understood your place better Record Gentlemen You shall not be dismiss'd till we have a Verdict and by the Law of England you are to be lock'd up without Meat Drink Fire or Tobacco you do abuse the Court we will have a Verdict by the help of God Pen. My Jury who are my Judges ought not to be thus menaced their Verdict ought to be free and not compelled the Bench ought to wait on them and not forestall them I do desire that Justice may be done me and that the Arbitrary Resolves of the Bench may not be made the measure of my Juries Verdict Rec. Stop that prating Fellows mouth or put him out of the Court. Nota How Mr. Penn abuses the Court the Court are by Law Judges what is a Verdict in Law and what is not a Verdict in Law May. Gentlemen You have heard that Mr. Penn Preached that he gathered thereby a Tumult of People that Mr. Mead was there and abetted him and that they not only disobey the Martial Power but Civil also Penn. It 's a great Mistake we did not make the tumult but they that interrupted us We met not there with a Design to disturb the Civil peace since 1. We were with force of Arms kept out of our lawful House and met as near it as the Souldiers would give us leave 2. Because it was no new thing but what was usual and customary with us it 's very well known we are a peaceable people and cannot offer violence to any man Nota A peaceable innocent People indeed that when the King had seized the Meeting-House into His Hands as by Law he might they would come and break open the Doors and there congregate expresly against the Kings Command and therefore there was a necessity of Souldiers to keep the Kings possession they violently overpow'ring the Constable and his Watchmen and it is proved that these People at this time kicked and spurned the Constable and his Watchmen he endeavouring to dissipate this Unlawful Assembly as is sworn by Read the Constable Penn. The agreement of Twelve Men is a Verdict in Law and such an one being given by the Jury I require the Clerk of the Peace to record it as he will answer it at his peril and if the Jury bring in another Verdict contrary to this I affirm they are perjur'd men in Law Bushel Nor will we ever do it Nota The Jury in Mr. Penn's opinion and Bushel's both are perjur'd men for that at last they brought in a Verdict contradictory to this At this time some of the Jury complained to the Court that the four men viz. Bushel and Hammond and the other two would starve them and that they had brought Strong-Water Bottles in their Pockets designedly Mayor You are as strong as any of them starve them and hold your Principles Rec. Gentlemen You must be contented with your hard Fare let your Patience overcome it for the Court is resolved to have a Verdict and that before you can be dismist Jury We are agreed we are agreed Nota The Court having a respect to the health of the Jury adjourned until Seven next Morning although it was Sunday which otherwise they would not have done The Court meets accordingly the Jury is called over Clerk Are you agreed upon your Verdict Jury Yes Clerk Who shall speak for you Jury Our Fore-man Clerk Look upon the Prisoners at the Bar Is William Penn guilty of the Matter whereof he stands Indicted Fore-m. William Penn is guilty of speaking in Gracious-street Mayor To an unlawful Assembly Bushel No my Lord we give no other Verdict than what we gave last night Mayor You are a factious fellow and a course ought to be taken with you Sir Tho. Bludworth I knew Bushel would never yield Bushel Sir Thomas I have done according to my Conscience Mayor That Conscience of yours would cut my Throat Bushel No my Lord it never shall Mayor But rather than you shall cut my Throat I will in defence of my self cut yours first Record He hath inspired the Jury he has the Spirit of Divination I will have a positive Verdict or else you shall starve for it Penn. I will ask the Recorder one Question Do you allow of the Verdict given of William Mead Rec. It cannot be a Verdict for that you both were indicted for a Conspiracy and one being found Not Guilty and not the other it could not be a Verdict Penn. If Not Guilty be no Verdict then you make of the Jury and Magna Charta a Nose of Wax Mead. How Is Not-Guilty no Verdict Recor. No it 's no Verdict in this Case Penn. I affirm that the Consent of a Jury is a Verdict in Law And if William Mead be not guilty it consequently follows That I am clear for that I could not conspire alone The Jury return Crier Oyes c. Silence in the Court. Court Call over the Jury Clerk What say you Is William Penn guilty of the Matter whereof he stands Indicted in manner and form aforesaid or not guilty Fore-m. Guilty of speaking in Gracious-Street Record What is this to the purpose I say I will have a Verdict and speaking to Edward Bushel said