is laid to my Charge; and to the End the Bench, the Jury, and my self, with
these that hear us, may have a more direct Understanding of this Procedure,
I desire you would let me know by what Law it is you prosecute me, and upon
what Law you ground my Indictment.

REC. Upon the Common Law.

PEN. Where is that Common Law?

REC. You must not think that I am able to run up so many Years, and over so
many adjudged Cases, which we call Common Law, to answer your Curiosity.

PEN. This Answer I am sure is very short of my Question, for if it be
Common, it should not be so hard to produce.

REC. Sir, will you plead to your Indictment?

PEN. Shall I plead to an Indictment that hath no Foundation in Law? If it
contain that Law you say I have broken, why should you decline to produce
that Law, since it will be impossible for the Jury to determine, or agree
to bring in their Verdict, who have not the Law produced, by which they
should measure the Truth of this Indictment, and the Guilt, or contrary of
my Fact?

REC. You are a sawcy Fellow, speak to the Indictment.

[Sidenote: Obser. _At this time several upon the Bench urged hard upon the
Prisoner to bear him down._]

PEN. I say, it is my place to speak to Matter of Law; I am arraign'd a