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Bushel's Case
Bushel’s Case (1670) 124 E.R. 1006 (also spelled "Bushell's Case") is a famous English decision on the role of juries. It also confirmed that the Court of Common Pleas could issue a writ of ''habeas corpus'' in ordinary criminal cases.〔R. J. Sharpe, ''The Law of Habeas Corpus'' (Oxford: Clarendon Press, 1989), 18.〕
==Background==
Bushel's Case arose from a previous case involving two Quakers charged with unlawful assembly, William Penn and William Mead. They had been arrested in August 1670 for violating the Conventicle Act, which forbade religious assemblies of more than five people outside the auspices of the Church of England. The jury found the two "guilty of speaking in Gracechurch Street" but refused to add "to an unlawful assembly". The infuriated judge charged the jury that they "shall not be dismissed until we have a verdict that the court will accept".
The jury modified the verdict to "guilty of speaking to an assembly in Gracechurch Street", whereupon the judge had them locked up overnight without food, water or heat. Penn protested this and the judge ordered him bound and gagged (it is not known whether this order was carried out). Finally, after a two-day fast, the jury returned a not guilty verdict. The judge fined the jury for contempt of court for returning a verdict contrary to their own findings of fact and removed them to prison until the fine was paid. Penn protested that this violated the Magna Carta and was forcibly removed from the court.
Edward Bushel, a member of the jury, nonetheless refused to pay the fine.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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