The Judicial History of Individual Liberty, 119). He was no regicide, and the treason alleged against him consistid of acts done in the ordinary routine of government. The old doctrine that compassing the king's death was synonymous with subverting the govern ment was revived to meet this emergency. Vane defended himself with great skill and courage, boldly asserting the sovereign pow-
I I I
of the few cases in which a special verdict was rendered in a trial for treason, and that the defendant was acquitted. The isolated prosecution of William Penn for tumultuous assembling in 1638 (6 St. Tr. Q57) is both instructive and entertaining. Penn had attempted to hold a Quaker meet ing in spite of the authorities. From the mo-
SIK WILLIAM PENN.
er of Parliament. He was executed in brazen repudiation of the king's promise, and tyranny has never laid his ghost. Messenger's case (6 St. Tr. 879) shows the progress of the doctrine of constructive trea son in levying war against the king. In this case a mob had assembled with the purpose of tearing down bawdy houses. The case is further notable for the fact that it was one
ment he appeared in court wearing his hat the trial was a pandemonium. Penn assert ed his right and duty to meet and preach; but he was told by the recorder that he was not there for worshipping God but for breaking the law. Penn replied that he had broken no law, and demanded to know by what law he wras prosecuted. Recorder: "Upon the com mon law." Penn: "Where is that common
