of "not guilty," to the great wrath of
the court. _The judge fined the jurors forty marks apiece_, about
$140, _and put them in jail_ until they should pay that sum. The
foreman, Edward Bushel, refused to pay his fine and was kept in jail
until he was discharged on _Habeas Corpus_ in November. Here the
attempt of a wicked government and a cruel judge was defeated by the
noble conduct of the jurors, who dared be faithful to their duty.[122]

[Footnote 122: 6 St. Tr. 951; Dixon's Life of Penn; 22 St. Tr. 925.]

3. In 1681 an attempt was made to procure an indictment against the
Earl of Shaftesbury, for High Treason. The Bill was presented to the
Grand-Jury at London; Chief Justice Pemberton gave them the charge, at
the king's desire--it was Charles II. They were commanded to _examine
the evidence in public_ in the presence of the court, in order that
they might thus be overawed and forced to find a bill, in which case
the court had matters so arranged that they were sure of a conviction.
The court took part in examining the witnesses, attempting to make out
a case against the Earl. But the jury returned the bill with IGNORAMUS
on it, and so found no indictment. The spectators rent the air with
their shouts. The court was in great wrath, and soon after the king
seized the Charter of London, as I have already shown you, seeking to
destroy that strong-hold of Liberty. Shaftesbury escaped--the jury was
discharged. Why did not the court summon another jury, and the chief
justice put his brother-in-law on it? Roger Coke says, "But as the
knights of Malta could make knights of their order for eight pence a
piece, yet could not make a soldier or seaman; so these kings [the
Stuarts] though _they could make what judges they pleased_ to do their
business, _yet could not make a grand-jury_." For the grand-juries
were returned by the Sheriffs, and the sheriffs were chosen by the
Livery, the corporation of London. This fact made the king desire to
seize the charter, _then he could make a grand-jury to suit himself_,
out of the kinsfolk of the judge.[123]

[Footnote 123: 8 St. Tr. 759, see the valuable matter in the notes,
also 2 Hallam, 330 and notes.]

4. Next comes the remarkable case of the Seven Bishops, which I have
spoken of already.[124] You remember the facts, Gentlemen. The king,
James II., in 1688, wishing to overturn Protestantism--the better to
establish his tyranny--issued his notorious proclamation, setting
aside the