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On William Penn's trial | | | That said, the third trial I want to share was actually another one that resulted in a not-guilty verdict. In October 15th, Old Bailey London, about 40 Quakers were indicted for "contempt of the law in that case provided, and contrary to the peace of our lord king, did meet in a third time aofresaid..." These prisoners, apparently lacking the legal eloquence like Penn, only pleaded not guilty and made defenses like "I have wronged no man" and "I think the meetings at Bull and Mouth street to be lawful and peaceble." The witnesses in this trial seemed to be very unsatisfactory to the jury. The first witness was the keeper of the prison (Newgate), who gave a self-contradictory testimony. When the jury challenged the witness, Judge Hyde overruled them and reproved the jury for being too scrupulous. The other witness gave an even worse testimony, that he swore to have seen the prisoners at Bull and Mouth, though he did not see them until they were brought to the Newgate. Again, one juror challenged such evidence; the Judge became angry, and "threatened him for undervaluing the King's witness, saying he should know the Court had power to punish him, and would do it." | |
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< | After some time the jury gave its verdict, that four prisoners were not guilty and the rest they could not agree on. The Judge was not pleased, and after giving the jury another instruction, sent them out again. After one and a half hour, the jury returned with the verdict of "Guilty of meeting, but not of Fact." When Judge asked what that meant, the jury explained that | >
> | After some time the jury gave its verdict, that four prisoners were not guilty and the rest they could not agree on. The Judge was not pleased, and after giving the jury another instruction, sent them out again. After one and a half hour, the jury returned with the verdict of "Guilty of meeting, but not of Fact." When Judge asked what that meant, the jury explained that ""there was evidence that they met, therefore we say guilty of meeting, but no evidence to prove what they did there, therefore we say not guilty of meeting contrary to the liturgy of the church of England." One of the jurors said:" My Lord, I have the venerable respect for the liturgy of the church of England, as to believe that it is according to the Scriptures, which allow of the worship of God in spirit and in truth, and if any man in the world worship God in spirit, he doth not worship contrary to the liturgy, it being according to the Scriptures, if not, I shall abate my respect for it." Although six of the jurors seemed in the end inclined to comply with the Court's demand, the others would not despite all the persuasion and threats from the Judge. Judge Hyde after making more threats spoke to the unbending six jurors that they would be bound to answer for such misdemeanor ath King's bench. "One of them [jurors] seemed unwilling to be bound, but the Judge told him, he must and should. Then said he, My Lord, I am content, any wounding, but the wounding of my Conscience." Therefore, the trial ended with the jury being fined a hundred pounds each. (I can't see what happened to the prisoners in the texts; I assume they were still kept in prison for some other reasons).
Analysis | | | | |
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- The last one was another trial in 1664. Found not guilty (pg. 400)
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