PEN. It is a great Mistake; we did not make the Tumult, but they that interrupted us: The Jury cannot be so ignorant, as to think, that we met there, with a Design to disturb the Civil Peace, since (1st.) we were by Force of Arms kept out of our lawful House, and met as near it in the Street, as their soldiers would give us leave; and (2dly.) because it was no new thing (nor with the Circumstances expres'd in the Indictment) but what was usual and customary with us; 'tis very well known that we are a peaceable People, and cannot offer Violence to any Man.
OBSER. The Court being ready to break up, and willing to huddle the Prisoners to their Goal, and the Jury to their Chamber, Penn spoke as follows:
PEN. The Agreement of Twelve Men is a Verdict in Law, and such a 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 contradictory to this, I affirm they are perjur'd Men in Law. And looking upon the Jury, said, You are Englishmen, mind your Privilege, give not away your Right.
BUSH. &c. Nor will we ever do it.
OBSER. One of the Jury-men pleaded Indisposition of Body, and therefore desired to be dismist.
MAY. You are as strong as any of them; starve with them; and hold your Principles.
REC. Gentlemen, You must be contented with your hard Fate, 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, we are agreed.
OBSER. The Court swore several Persons, to keep the Jury all Night without Meat, Drink, Fire, or any other Accommodation; they had not so much as a Chamberpot, tho' desired.
CRY. O Yes, &c.