the jury were commanded up, to agree upon their verdict; and after an hour and half's time, eight came down agreed, but four remained above: the court then sent an officer for them, and they accordingly came down; but the court used many indecent threats to the four that dissented, and after much menacing language, and a very imperious behaviour against the jury, the prisoners being brought to the bar, the foreman was asked, "How say you? Is William Penn guilty of the matter whereof he stands indicted in manner and form, or not guilty." Foreman: "Guilty of speaking in Gracechurch street." The next question was, "Is that all?" Foreman, "That is all I have in commission." This answer so displeased the recorder, that he said, "You had as good say nothing." And the lord mayor, Starling, said, "Was it not an unlawful assembly? You mean he was speaking to a tumult of people there?" To which the foreman returned, "My lord, this was all I had in commission." Some of the jury seemed now to buckle to the questions of the court; but others opposed themselves, and said, "They allowed of no such word as an unlawful assembly in their verdict:" at which some on the bench took occasion to vilify them with opprobrious language. And because the court would not dismiss the jury before they gave a more satisfactory verdict, they called for pen, ink, and paper, and so went up again: and after half an hour returning, delivered the following verdict in writing. "We the jurors hereafter named, do find William Penn to be guilty of speaking or preaching to an assembly, met together in Gracechurch street, the 14th of August last, 1670, and that William Mead is not guilty of the said indictment. Foreman. Thomas Veer, Charles Milson, This verdict the mayor and recorder resented at so high a rate, that they exceeded the bounds of all moderation and civility; and the recorder said, "Gentlemen, you shall not be dismissed till we have a verdict, that the court will accept; and you shall be locked up, without meat, drink, fire, and tobacco; you shall not think thus to abuse the court; we will have a verdict by the help of God, or you shall starve for it. Now though the jury had given in their verdict, and signified that they could give no other true teacher, who had so little comfort or benefit from their pretended pastor, who comes amongst them only to seek for his gain from his quarter." Upon this the justices fell a laughing; for Dr. Crowder, the priest spoken of, was then in the room, sitting among them: though Lower did not know him, and he had the wit to hold his tongue, and not to vindicate himself. But after Lower was gone away, the justices so jested on Crowder, that he grew ashamed; and was so nettled with it, that he threatened to sue T. Lower in the bishops court, upon an action of defamation: which Lower having heard of, sent him word, that he might begin if he would; and that he would answer him, and bring his whole parish in evidence against him. And he told him the same afterwards to his face; which so cooled the priest's eagerness, that he thought it more safe for him to let him alone. Soon after the sessions were over, an habeas corpus was sent down to Worcester, for the Sheriff to bring up G. Fox to the king's bench bar; whereupon his son-in-law, Lower, conducted him for the under sheriff had made Lower his deputy, to convey G. Fox to London: who being arrived there, appeared before the court of king's bench, where he found the judges moderate, and they patiently heard him, when he gave them an account how he had been stopped in his journey, and committed to jail; and how at his trial, the oath of allegiance and supremacy had been tendered to him; and also what he had offered to the justices as a declaration, that he was willing to sign, instead of the said oaths. To this it was told him by the chief justice, that they would consider farther of it. Being then delivered to the keeper of the king's bench, he was suffered to go and lodge at the house of one of his friends; for though he continued a prisoner, yet they were sufficiently persuaded that he would not run away. But after this, justice Parker, as it was said, moved the court, that G. Fox might be sent back to Worcester, that his cause might be tried there; for Parker saw clearly, that if G. Fox had been acquitted here, this would have tended to his shame, for having committed him unjustly. A day then being appointed for another hearing, and G. Fox appearing again at the king's bench, and hearing that it was under deliberation to send him back to Worcester, signified, that this was only to insnare him, by putting the oath to him, that so they might premunire him, who never took oath in his life. he farther told them, if he broke his yea or nay, he was content to suffer the same penalty as those that break their oaths. Now seeing Parker had spread a report in London, and it had been said in the parliament house, that when he And took G. Fox, there were many substantial men with him, out of several parts of the nation, and that they had a design, or plot in hand, G. Fox did not omit to shew the fallacy of that malicious story: and since he thus laid open Parker's shame, it was not strange, that by his friends at court, he procured that the king's judges complied with his desire that G. Fox should be remanded to Worcester jail: insomuch that whatever he said, he could not prevent it; only this favour was granted him, that he might go his own way, and at his leisure, provided he would be there without fail by the assizes, which were to begin on the second day of the month called April. G. Fox then after some stay, went down leisurely, and being come to Worcester, he was on the second day of the aforesaid month, brought from the jail, to an inn near the sessions hall; but not being called that day, the jailor came to him that night, and told him he might go home, meaning to the jail: whereupon he walked thither, being accompanied by one of his friends. Next day being brought up again, a boy of about eleven years old was set to be his keeper. Having in my relation of the proceedings before the king's bench past by most part of the pleading, so I shall do here likewise, to avoid repetitions of what hath been several times related already, concerning such |