Today is ‘Jury Rights Day’. It is celebrated annually on September 5 to commemorate the 1670 trial of William Penn (future founder of Pennsylvania) and William Mead and the subsequent establishment of jurors’ right to conscientious acquittal.
Penn was a devout Quaker. In 1668, Penn published the first of many pamphlets, Truth Exalted: To Princes, Priests, and People. He was a critic of all religious groups, except Quakers, which he saw as the only true Christian group at that time in England. He branded the Catholic Church “the Whore of Babylon”, defied the Church of England, and called the Puritans “hypocrites and revelers in God”.
Penn’s religious views effectively exiled him from English society; he was expelled from Christ Church, a college at the University of Oxford, for being a Quaker, and was arrested several times. In 1670, he and William Mead were arrested. Penn was accused of preaching before a gathering in the street, which Penn deliberately provoked to test the validity of the 1664 Conventicle Act which denied the right of assembly to “more than five persons in addition to members of the family, for any religious purpose not according to the rules of the Church of England”.
During the trial, Penn pleaded for his right to see a copy of the charges laid against him and the laws he had supposedly broken, but the chief judge, refused, although this was a right guaranteed by law. Furthermore, the Recorder directed the jury to come to a verdict without hearing the defense.
Despite heavy pressure from the judge to convict Penn, the jury returned a verdict of “not guilty”. When invited by the Judge to reconsider their verdict and to select a new foreman, they refused and were sent to a cell over several nights to mull over their decision. The Lord Mayor of London, Sir Samuel Starling, also on the bench, then told the jury, “You shall go together and bring in another verdict, or you shall starve”, and not only had Penn sent to jail in Newgate Prison (on a charge of contempt of court for refusing to remove his hat), but the full jury followed him, and they were additionally fined the equivalent of a year’s wages each.
The members of the jury, fighting their case from prison in what became known as Bushel’s Case, managed to win the right for all English juries to be free from the control of judges. This case was one of the more important trials that shaped the concept of jury nullification and was a victory for the use of the writ of habeas corpus as a means of freeing those unlawfully detained.
A plaque memorialising Penn’s trial at Old Bailey
between Tucson and Phoenix…
Today is the birthday, in 1946, of Freddie Mercury (born Farrokh Bulsara), British singer, songwriter, record producer with Queen. Regarded as one of the greatest singers in the history of rock music, he was known for his flamboyant stage persona and four-octave vocal range. Queen had had the 1975 UK No.1 single ‘Bohemian Rhapsody’, plus over 40 other UK Top 40 singles. And the 1980 US No.1 single ‘Crazy Little Thing Called Love’. As a solo artist he scored the 1987 UK No. 4 single ‘The Great Pretender’. Mercury died of bronchio-pneumonia on November 24th 1991 aged 45, just one day after he publicly announced he was HIV positive. https://www.youtube.com/watch?v=zO6D_BAuYCI
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