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Penn_001-50.indd 3 1/17/12 10:55 AM The People's Ancient and Just LIBERTIES Asserted, in the Trial of William Penn and William Mead, at the Sessions held at the Old-Baily in London, the First, Third, Fourth and Fifth of September, 1670, against the most Arbitrary Procedure of that COURT (1670) To the English READER. IF EVER it were Time to Speak, or Write, 'tis now, so many strange Occurrences requiring both. How much thou art concerned in this ensuing Trial where (not only the Prisoners , but) the Fundamental Laws of England have been most Arbitrarily Arraigned , Read, and thou may'st plainly Judge. Liberty of Conscience, is counted a Pretence for Rebellion, and Religious Assemblies, Routs and Riots; and the Defenders of both, are by them reputed Factious, and Dis-affected. Magna Charta, is Magna Far- with the Recorder of London; and to demand Right, an Affront to the Court. Will and Power are their Great Charter, but to callfor England's, is a Crime; incurring the Penalty oftheir Bale Dock and Nasty Hole; nay, the Menace ofa Gag, and Iron Shackles too. The Jury (though proper Judges of Law and Fact) they would have over-ruled in both, as iftheir Verdict signified no more, than to Echo back the illegal Charge ofthe Bench; and because their Courage and Honesty, did more than hold Pace with the Threat and Abuse ofthose who sate as Judges (after two Days and two Nights Restraintfor a Verdict) in the End were Fined and Imprisonedfor giving it. Oh! What monstrous and illegal Proceedings are these? Who reasonably can call his Coat his own? When Property is made subservient to the Will and Interest of his Judges; or, Who can truly esteem himselfa Free Man? When all Pleas for Liberty are esteemed Sedition, and the Laws that give, and maintain them, so many insignificant Pieces of Formality. Penn_001-50.indd 4 1/17/12 10:55 AM {4} FOUNDATIONS And what do they less than plainly tell us so, who at Will and Pleasure, break open our Locks, rob our Houses, raze our Foundations, imprison our Persons , and finally, deny us Justice to our Relief; as if they then acted most like Christian Men, when they were most Barbarous, in Ruining such as are really so; and that no Sacrifice could be so acceptable to GOD, as the Destruction of those that most Fear him. In short, That the Conscientious should only be Obnoxious, and the just Demand of our Religious Liberty, the Reason why we should be denied our Civil Freedom (as if to be a Christian and an Englishman were inconsistent) and that so much Solicitude and deep Contrivance, should be imployed only to Ensnare and Ruin so many Ten Thousand Conscientious Families (so Eminently Industrious, Serviceable and Exemplary; whilst Murders can so easily obtain Pardon, Rapes be remitted, Publick Uncleanness pass unpunished, and all manner of Levity, Prodigality, Excess, Prophaneness and Atheism, universally connived at, ifnot in some Respect manifestly encouraged) cannot but be detestably abhorrent to every Serious and Honest Mind. Yet that this Lamentable State is true, and the present Project in Hand, let London's Recorder, and Canterbury's Chaplain be heard. The first in his publick Panegyrick upon the Spanish Inquisition, highly admiring the Prudence of the Romish Church, in the Erection of it, as an excellent Way to prevent Schism, which unhappy Expression at once passeth Sentence; both against our Fundamental Laws, and Protestant Reformation. The second in his Printed Mercenary Discourse against Toleration, asserting for a main Principle, That it would be less injurious to the Government, to dispence with Prophane and Loose Persons, than to allow a Toleration to Religious Dissenters: It were to over-do the Business, to say any more, where there is so much said already. And therefore to conclude, We cannot chuse but Admonish all, as well Persecutors , to Relinquish their Heady, Partial, and Inhumane Persecutions (as what will certainly issue in Disgrace here, and inevitable condign Punishment hereafter ) as those whoyet dare express their Moderation (however out ofFashion, or made the Brand ofFanaticism) not to be Huff'd, or Menaced out ofthat excellent Temper, to make their Parts and Persons subservient to the base Humors, and sinister Designs of the biggest Mortal upon Earth; but Reverence and Obey the Eternal Just GOD, before whose Great Tribunal all must render their Accounts, and where he will Recompence to every Person according to his Works. [18.216...

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