Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Question of their right to return a general verdict._--The
precedents, however, which these judges endeavoured to establish, were
repelled in a more decisive manner than by a resolution of the House
of Commons. For in two cases, where the fines thus imposed upon jurors
had been estreated into the exchequer, Hale, then chief baron, with
the advice of most of the judges of England, as he informs us, stayed
process; and in a subsequent case it was resolved by all the judges,
except one, that it was against law to fine a jury for giving a
verdict contrary to the court's direction. Yet notwithstanding this
very recent determination, the recorder of London, in 1670, upon the
acquittal of the quakers, Penn and Mead, on an indictment for an
unlawful assembly, imposed a fine of forty marks on each of the
jury.[15] Bushell, one of their number, being committed for
non-payment of this fine, sued his writ of habeas corpus from the
court of common pleas; and on the return made that he had been
committed for finding a verdict against full and manifest evidence,
and against the direction of the court, Chief Justice Vaughan held the
ground to be insufficient, and discharged the party. In his reported
judgment on this occasion, he maintains the practice of fining jurors,
merely on this account, to be comparatively recent, and clearly
against law.[16] No later instance of it is recorded; and perhaps it
can only be ascribed to the violence that still prevailed in the House
of Commons against nonconformists, that the recorder escaped its
animadversion.
Public-domain text, read in full here on John Shaqi.
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