Bushel's Case
Encyclopedia
Bushel’s Case 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.
, 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 judge in their case charged the jury that they "shall not be dismissed until we have a verdict that the court will accept." When the jury acquitted the two men, the judge refused to accept the verdict, fined them and sent them back to deliberate further. Edward Bushel, a member of the jury, refused to pay the fine, at which point the judge threatened him, saying, "[y]ou shall be locked up without meat, drink, fire, and tobacco. You shall not think thus to abuse the court; we will have a verdict, by the help of God, or you shall starve for it."
for a writ of habeas corpus
. Sir John Vaughan
, Chief Justice of the Court of Common Pleas, initially held that the writ should not be granted, saying that it was King's Bench
that should issue writs of habeas corpus in ordinary criminal cases and that Common Pleas could issue the writ only on a claim of privilege of the court (e.g., if the petitioner were an attorney of Common Pleas); the other justices issued the writ, however, Vaughan ruled that a jury could not be punished on account of the verdict it returned.
English Reports
The English Reports are a reprint in 178 volumes of nominate reports of judgments of the English Courts reported between 1220 and 1866. They contain most, but not all, of the nominate reports....
1006 (also spelled "Bushell's Case") is a famous English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
decision on the role of juries
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. It also confirmed that the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
could issue a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
in ordinary criminal cases.
Background
Bushel's Case arose from a previous case involving two Quakers charged with unlawful assemblyUnlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
, William Penn
William Penn
William Penn was an English real estate entrepreneur, philosopher, and founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania. He was an early champion of democracy and religious freedom, notable for his good relations and successful...
and William Mead. They had been arrested in August 1670 for violating the Conventicle Act
Conventicle Act 1664
The Conventicle Act of 1664 was an Act of the Parliament of England that forbade conventicles...
, which forbade religious assemblies of more than five people outside the auspices of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. The judge in their case charged the jury that they "shall not be dismissed until we have a verdict that the court will accept." When the jury acquitted the two men, the judge refused to accept the verdict, fined them and sent them back to deliberate further. Edward Bushel, a member of the jury, refused to pay the fine, at which point the judge threatened him, saying, "[y]ou shall be locked up without meat, drink, fire, and tobacco. You shall not think thus to abuse the court; we will have a verdict, by the help of God, or you shall starve for it."
Decision
Bushel petitioned the Court of Common PleasCourt of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Sir John Vaughan
John Vaughan (judge)
Sir John Vaughan SL , of Trawsgoed, was a British justice.-Life:He was born in Ceredigion, Wales, the eldest of eight children of Edward Vaughan and his wife Letitia Stedman of Strata Florida, and was educated initially at The King's School, Worcester between 1613 and 1618, when he was admitted to...
, Chief Justice of the Court of Common Pleas, initially held that the writ should not be granted, saying that it was King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
that should issue writs of habeas corpus in ordinary criminal cases and that Common Pleas could issue the writ only on a claim of privilege of the court (e.g., if the petitioner were an attorney of Common Pleas); the other justices issued the writ, however, Vaughan ruled that a jury could not be punished on account of the verdict it returned.