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“A., 606—SEPARATE ILLINOIS vp. ALLEN should measure the truth of this indictment, and the guilt, or contrary of my fact? “Recorder. You are a saucy fellow, speak to the Indictment. “Penn. I say, it is my place to speak to matter of law; I am arraigned a prisoner; my liberty, which is next to life itself, is now concerned: you are many mouths aud ears against me, and if I must not be allowed to makc the best of my case, it is hard, I say again, unless you show me, and the people, the law you ground your indictment upon, I shall take it for granted your proceedings are merely arbitrary. “Recorder. The question is, whether you are Guilty of this Indictment? “Penn, The question is not, whether I am Guilty of this Indietment, but whether this Indictment be legal. It is too general and imperfect an answer, to say it is the common-law, unless we knew both where and what it is. For where there is no law, there is no transgression; and that Jaw which is not in being, is so far from being common, that it is no law at all. “Recorder. You are an impertinent fellow, will you teach the court what law is? Tt is ‘Lex non seripta,’ that which many have studied 30 or 40 years to know, and would you have me to tell you in a moment? “Penn. Certainly, if the common Jaw be so hard to be understoad, it is far from being very common; but if the lord Coke in his Institutes be of any consideration, he tells us, That Common-Law is coinmon right, and that Common Right is the Great Charter-Privileges. a4 *