When we congratulate ourselves, as we are so apt to do, on the length of
time the system of trial by jury has been established in England, and the
safeguard it affords against attempts to strain the law to the prejudice
of the accused, we are often unmindful of the fact that the institution
has not always proved a safeguard when the court, acting under the
influence of the Crown, endeavoured to obtain a conviction. It was only in
the latter half of the sixteenth century that juries began to evince that
determination not to yield their own judgment to the wishes of those in
high authority, which became further developed in the course of the
seventeenth. An interesting illustration of the old spirit of judges, and
the new spirit of juries, is afforded by the trial of Sir Nicholas
Throckmorton, in 1554, on a charge of high treason, in conspiring the
death or deposition of the Queen, and the seizure by force of arms of the
Tower of London. The prosecution was conducted by Serjeant Stanford and
the Attorney-General, Griffin, the former leading; and it is noteworthy
that both they and Chief Justice Bromley questioned the prisoner in much
the same manner as is still customary in France and Belgium, striving to
procure evidence that would convict him out of his own mouth. The
endeavour failed, and the only criminating evidence against the prisoner
was contained in the alleged confessions of Winter and Crofts, who,
however, were not called as witnesses.
The jury, after several hours' deliberation, returned a verdict of not
guilty, upon which the Lord Chief Justice addressed them in threatening
tones, saying, "Remember yourselves better. Have you considered
substantially the whole evidence as it was declared and recited? The
matter doth touch the Queen's highness and yourselves also. Take good heed
what you do." The jury were firm, however, and the foreman replied to the
remonstrance of the bench, "We have found him not guilty, agreeable to all
our consciences." Then the Attorney-General rose, and addressing the
court, said, "An it please you, my lords, forasmuch as it seemeth these
men of the jury, which have strangely acquitted the prisoner of his
treasons whereof he was indicted, will forthwith depart the court, I pray
you for the Queen that they and every one of them may be bound in a
recognizance of £500 a-piece, to answer to such matters as they shall be
charged with in the Queen's behalf, whensoever they shall be charged or
called." The court went beyond even this audacious request, for they
actually committed the jury to prison! Four of them were discharged
shortly afterwards, having so little moral stamina left as to make a
humble confession that they had done wrong; but the remaining eight were
brought before the Star Chamber and severely dealt with, three being
ordered to pay a fine of £2,000 each, and the others £200 each.
Public-domain text, read in full here on John Shaqi.
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