n she was burnt for heresy, where they were
told to "take heed to your lives for you are marked men." He was
brought to trial April 17th, 1554, the first year of Bloody Mary. Of
course he was allowed no counsel; the court was insolent, and demanded
his condemnation. But the jury acquitted him; whereupon the _court
shut the twelve jurors in prison_! Four of them made their peace with
the judges, and were delivered: but eight were kept in jail till the
next December, and then fined,--three of them L60 apiece, and five
L225 apiece.
This is one of the earliest cases that I find, where an English jury
in a political trial refused to return such a verdict as the tyrant
demanded.[121]
[Footnote 121: See the case in 1 St. Tr. 869, and 1 Jardine, 40, also
115. The great juridical attacks upon English Liberty were directed
against the Person of the Subject, and appear in the trials for
Treason, but as in such trials the defendant had no counsel, the great
legal battle for English Liberty was fought over the less important
cases where only property was directly concerned. Hence the chief
questions seem only to relate to money.]
2. In September, 1670, William Penn, afterwards so famous, and William
Mead, were brought to trial before the Lord Mayor of London, a
creature of the king, charged with "a tumultuous assembly." For the
Quaker meeting-house in Grace Church Street, had been forcibly shut by
the government, and Mr. Penn had preached to an audience of Dissenters
in the street itself. The court was exceedingly insolent and
overbearing, interrupting and insulting the defendants continually.
The jury found a special verdict--"guilty of speaking in Grace Church
Street." The judge sent them out to return a verdict more suitable to
the desire of the government. Again they substantially found the same
verdict. "This both Mayor and Recorder resented at so high a rate that
they exceeded the bounds of all reason and civility." The Recorder
said, "You shall not be dismissed till we have a verdict that the
court will accept; you shall be locked up without meat, drink, fire,
and tobacco; you shall not think thus to abuse the court; we will have
a verdict by the help of God, or you shall starve for it!" When Penn
attempted to speak, the Recorder roared out, "Stop that prating
fellow's mouth or put him out of court." The jury were sent out a
third time, and kept all night, with no food, or drink, or bed. At
last they returned a verdict
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