A Concise Biographical Sketch of William PennEvans, Charles
History
A Concise Biographical Sketch of William Penn
Evans, Charles
Penn, William, 1644-1718
twelve men was a verdict, and that the Clerk of the Court should record
it; and, addressing the jury, he said: "You are Englishmen; mind your
privileges; give not away your right!" To which some of them replied,
"Nor will we ever do it."
The jury were sent to their room, and the prisoners to jail, the former
being deprived of food, drink, and every accommodation. The same verdict
was returned the next morning; calling from the Bench upbraiding and
threats, similar to those so lavishly bestowed on the jury before: the
Recorder, in his passion, going so far as to say, "Till now, I never
understood the reason of the policy and prudence of the Spaniards in
suffering the Inquisition among them; and certainly, it will never be
well with us till something like the Spanish Inquisition be in England."
Again the jury was sent back to their room, and the prisoners returned
to Newgate; both being so kept for another twenty-four hours; the jury
without victuals, drink, or other accommodations. The next morning they
were again brought into Court, and the usual question respecting their
verdict being put, the Foreman first replied, "You have our written
verdict already." The Recorder refusing to allow it to be read, the
Clerk repeated the query, "How say you, is William Penn guilty or not
guilty?" The Foreman answered: "Not guilty." The same verdict was given
in the case of William Mead. The jury being separately questioned, they
all made the same reply. The Recorder, exasperated at their decision and
firmness, after pouring out his invectives upon them, said: "The Court
fines you forty marks a man, and imprisonment till paid."
William Penn now demanded his liberty; but the Mayor said, "No, you are
in for your fines." "Fines! for what?" replied Penn. "For contempt of
Court," was the answer. Penn then declared that, according to the laws,
no man could be fined without a trial by jury; but the Mayor ordered him
and Mead first to the bail-dock, and then to the jail; where the jury
was likewise consigned.
But this noble stand of the jury for law and right was not allowed to
terminate in the punishment of these upright men, and the continued
gratification of the revenge of the unjust Judges. After ineffectually
demanding of the Court their release two or three times, a writ of
_habeas corpus_ was granted by Judge Vaughan; who, upon hearing the
case, decided their fine and imprisonment illegal, and set them free.
Public-domain text, read in full here on John Shaqi.
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