speaking; if they should not be disturbed, you see they will go on; there
are three or four Witnesses that have proved this, that he did preach
there; that Mr. _Mead_ did allow of it; after this, you have heard by
substantial Witnesses what is said against them: Now we are upon the Matter
of Fact, which you are to keep to, and observe, as what hath been fully
sworn, at your Peril.

OBSER. The Prisoners were put out of the Court into the Bale-dock, and the
Charge given to the Jury in their Absence, at which _W. P._ with a very
raised Voice, it being a considerable distance from the Bench, spake.

PEN. I appeal to the Jury, who are my Judges, and this great Assembly,
whether the Proceedings of the Court are not most Arbitrary, and void of
all Law, in offering to give the Jury their Charge in the Absence of the
Prisoners; I say, it is directly opposite to, and destructive of, the
undoubted Right of every _English_ Prisoner, as _Cook_ in the 2 _Instit_.
29. on the Chap. of _Magna Charta_, speaks.

OBSER. The Recorder being thus unexpectedly lash'd for his extrajudicial
Procedure, said, with an inraged Smile.

REC. Why, ye are present, you do hear, do you not?

PEN. No thanks to the Court, that commanded me into the Bale-dock; and
you of the Jury take notice, that I have not been heard, neither can
you legally depart the Court, before I have been fully heard, having at
least ten or twelve material Points to offer, in order to invalid their
Indictment.

REC. Pull that Fellow down, pull him down.