In the records of the court’s proceedings:
Penn: “I desire you would let me know by what law it is you prosecute me, and upon what law you ground my indictment.”
Justice Howel: “Upon the common-law.”
Penn: “Where is that common-law?”
Justice Howel: “You must not think that I am able to run up so many years, and over so many adjudged cases, which we call common-law, to answer your curiosity. You are a saucy fellow, speak to the Indictment.”
Penn: “This answer I am sure is very short of my question, for if it be common, it should not be so hard to produce … The question is not, whether I am guilty of this Indictment, 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 law which is not in being, is so far from being common, that it is no law at all.”
Justice Howel: “Sir, you are a troublesome fellow, and it is not for the honor of the court to suffer you to go on … Take him away.”