"Recorder: 'Why do you not pull off your hat, then? ' "Penn : ' Because I do not believe that to be any respect.' "Recorder: 'Well, the court sets forty marks apiece upon your head as a fine for your contempt of court.' "Penn: 'I desire it might be observed that we came into the court with our hats off, that is, taken off, and if they have been put on since, it is by order of the bench, and therefore not we but the bench should be fined.'" Penn's language was not over-respectful, but it is scarcely possible to believe that even political judges could have acted as this tribunal did. Later Penn asked on what law he was indicted, and was told the Common Law. He asked what it was, and was told by the recorder, " You must not think that I am able to sum up so many years and run over so many adjudged cases, which we call Common Law, to answer your curiosity." On Penn very properly persevering with his questions the recorder spoke to the mayor. " Take him away, my lord : if you take not some course with this pestilent fellow to stop his mouth, we shall not be able to do anything to-night"; and the mayor ordered the officials to " turn him out into the bale-dock." Which being done, the worthy civic dignitary thoughtfully told the other prisoner, " You deserve to have your tongue cut out." What the " bale-dock " was is not quite clear, but in the report it says that Penn remained there until for another contempt he was turned into the " hole," in which "stinking hole" he remained till the end of the trial. When the jury failed to agree, the mayor, following the lead of one of the aldermen, said to the foreman, " Sirrah, you are an
impudent fellow — an impudent, canting fellow; I warrant you you shall come no more upon juries in haste." In those days, therefore, it was apparently regarded as an honor to serve on a jury, and in that respect times have indeed changed. However, one at least did not hold that opinion, for he begged to be dismissed on the ground of " indisposition of body "; but his prayer was not granted, the mayor observing, " You are as strong as any of them; starve and hold your prin ciple." The jury were then locked up the whole of that night, the next day and the follow ing night, without meat, drink, fire, or any other accommodation, but still they would not find the prisoner guilty. In the end the court were forced to accept a verdict of "not guilty," and the recorder then fined the jury " forty marks a man and imprison ment till paid." The upshot of this cele brated trial was that Bushell, the foreman, sued out his writ of habeas eorpus and was discharged from imprisonment, it being held that the return to the writ that he had been imprisoned for finding a verdict " against full and manifest evidence, and against the direction of the court," did not justify his imprisonment. This case established the immunity of jurors in respect of their ver dict, and once and for all determined their right to return a " general " verdict, or, in other words, to regard circumstances and motives, and not merely the strict issue. This right, although Lord Mansfield in the "North Briton " case tried to destroy it, was even more firmly fixed than before by Fox's Libel Act, and in spite of the latterday opposition of some of the less-distin guished judges, remains to this hour invio late, and the main charter of individual freedom in this country. — Law Magazine and Review.
