In the following reign, in a case in which three persons were indicted for
murder, and the jury found them guilty of manslaughter only, contrary to
the direction of the court, the jurors were both fined and bound in
recognizances for their future "good behaviour." A decision of the Lord
Chancellor, the two Chief Justices, and the Chief Baron, in the reign of
James I., sets forth that when a person is found _guilty_ on indictment,
the jury should not be questioned; but when a jury has acquitted a
prisoner against what the court holds to be proof of guilt, they may be
charged in the Star Chamber, "for their partiality in finding a manifest
offender not guilty." In 1667, we find this view extended to the case of
grand juries ignoring a bill on grounds which the court did not consider
sufficient. Chief Justice Kelying in that year having fined a grand jury
of the County of Somerset, for not finding a true bill against a man
accused of murder; but, says the report, "because they were gentlemen of
repute in the county, the court spared the fine." This case, and several
others in which the same judge had acted in a similar manner, were brought
under the notice of the House of Commons, however, and that assembly
resolved "that the precedents and practice of fining or imprisoning jurors
for verdicts is illegal."
Notwithstanding this resolution of the House of Commons, William Penn, and
another member of the Society of Friends, named Mead, being indicted at
the Old Bailey for having, with other persons unknown, unlawfully and
tumultuously assembled in Gracechurch Street, in the City of London, the
Recorder dealt with the jury in a manner which caused the illegality of
fining jurors for their verdicts to be again brought into question. The
indictment set forth that Penn, by agreement with and abetment of Mead,
did in the open street speak and preach to the persons there assembled, by
reason whereof a great concourse of people gathered and remained a long
time, in contempt of the King and the law, and to the great terror and
disturbance of many of His Majesty's liege subjects. The trial took place
before the Recorder, the Lord Mayor, and the Aldermen; and when witnesses
had deposed that Penn had preached, and that Mead was there with him, the
Recorder summed up the evidence, and the jury retired to consider their
verdict. They were absent a considerable time, at length returning with
the verdict that Penn was "guilty of speaking in Gracechurch Street."
"Is that all?" the Recorder asked.
"That is all I have in commission," replied the foreman.
"You had as good say nothing," observed the Recorder, and the Lord Mayor
added, "Was it not an unlawful assembly? You mean he was speaking to a
tumult of people there."
"My lord," returned the foreman, "that is all I have in commission."
"The law of England," said the Recorder "will not allow you to part until
you have given in your verdict."
Public-domain text, read in full here on John Shaqi.
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