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The Tryal of William Penn and William Mead for Causing a Tumult - at the Sessions Held at the Old Bailey in London the 1st, 3d, 4th, and 5th of September 1670 by Unknown
page 37 of 39 (94%)
his Peers or Jury; since it expressly contradicts the fourteenth and
twenty-ninth Chap. of the great Charter of _England_, which say, No
Free-Man ought to be amerced, but by the Oath of good and Lawful Men of
the Vicinage.

REC. _Take him away, Take him away, take him out of the Court._

PEN. I can never urge the Fundamental Laws of _England_, but you cry,
Take him away, take him away. But it is no wonder, _Since the Spanish
Inquisition hath so great a place in the Recorder's Heart_. God Almighty,
who is just, will judge you all for these things.

OBSER. They haled the Prisoners into the Bale-dock, and from thence sent
them to Newgate, for Non-payment of their Fines; and so were their Jury.




L'ENVOIE


So ended the "Tryal." The contumacious jurors did not long remain in
duress. The pertinacious Bushel, being a man of substance, took steps to
legally rescue himself and fellows, and soon succeeded. The affair had an
important after echo at the trial in New York, of John Peter Zenger, the
Palatine Printer, in 1735, for libelling Governor William Cosby, by telling
the truth about his infringement of popular liberty, when the attempted
forcing of the Penn jury was powerfully employed by Andrew Hamilton,
attorney for the defense, to curb the efforts of Mr. Justice De Lancey to
coerce the twelve. In his remarkable address--an address that solidified
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