The Case of Edward Bushel, John Hammond, Charles Milson and John Baily, citizens and free-men of London, stated and humbly presented to the honourable House of Commons assemb'ed in Parliament 1670 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A30699 Wing B6234 ESTC R36314 15643389 ocm 15643389 104287 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A30699) Transcribed from: (Early English Books Online ; image set 104287) Images scanned from microfilm: (Early English books, 1641-1700 ; 1182:15) The Case of Edward Bushel, John Hammond, Charles Milson and John Baily, citizens and free-men of London, stated and humbly presented to the honourable House of Commons assemb'ed in Parliament Bushel, Edward. 1 broadside. s.n., [London? : 1670?] Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Duress (Law) -- England. Law -- England. Great Britain -- History -- Charles II, 1660-1685. 2006-05 TCP Assigned for keying and markup 2006-06 Apex CoVantage Keyed and coded from ProQuest page images 2006-07 Derek Lee Sampled and proofread 2006-07 Derek Lee Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE CASE OF Edward Bushel , John Hammond , Charles Milson and John Baily , Citizens and Free-Men of London , stated , and humbly presented to the Honourable HOUSE of COMMONS Assembled in PARLIAMENT . THat they with Eight others , being Empannelled and Sworn of a Jury , for tryal of divers Persons indicted for several Criminal and Capital Offences , at the Sessions of the Peace for the Goal-Delivery , held at the Old-Baily for the said City , in August , 1670. before Sr. Samuel Starling , then Lord Mayor of London , and Sr. John Howel Serjeant at Law , Recorder , and other Justices there , were ( amongst other Prisoners ) charged with William Penn , and William Mead. And the said Jury having heard and considered the Evidence against the said Penn and Mead , could not find them Guilty of the Indictment ; thereupon they were threatned and menaced by the said Mayor and Recorder to be Carted , and Marks to be set upon them , to have their Throats and Noses cut , and be shut up close Prisoners , and starved to Death , unless they would comply : The Recorder adding thereunto , that he highly applauded the prudence & pollicy of Spain in erecting the Inquisition , and that it would never be well in England , till some such course were taken here . Pursuant to which Threats , the Jury by their Order were presently shut up , with express Command they should neither have Meat , Drink , Fire nor Candles , which was observed to that Extremity , that they continued in this Imprisonment , Saturday , Sunday , and Munday , the said Mayor and Recorder adjurning the Court from day to day , supposing , that the Jury in time , rather then endure such heavy pressures , would force their Consciences and comply with them . But all this Illegal and Barbarous Usage proving in effectual ; after the said Jury had with unanimous Consent brought in their Verdict , finding the said Prisoners not Guilty , which Verdict notwithstanding the said Court did accept and Record , yet the said Lord Mayor and Recorder fined every of the Jury Men forty Marks a piece , and committed them Prisoners to New-Gate till Payment ( of whom eight paid their fines and were soon discharged . ) And the said four Jurors being Merchants and Trades-Men of London , after they had been kept close Prisoners about three Months , to their very great Dammage , rather then to betray the Liberties of the Country , were inforced to their extraordinary Charge to sue out their Habeas Corpus in the Court of Common-Pleas , which Court upon Return of the Causes of Commitment , and after several Arguments as well there , as before all the Judges of England , consulted in this Matter , occasioned by the great Opposition of the said Lord Mayor and Recorder , did resolve and declare according to the unanimous Opinion of all the said Judges , that they , the said four Jurors , were illegally Imprisoned and unjustly fined ; and thereupon discharged them from their Imprisonments and Fines . All which unjustifiable Proceedings by the said Lord Mayor and Recorder were done after , and in Contempt of that memorable Vote of this honourable House of Commons , made in the Case of the late Lord chief Justice Keeling , the 13th December , 1667. declaring , that the Presedents and and Practice of Fining or Imprisoning Jurors for Verdicts was Illegal . And for that they , the said four Jurors do humbly apprehend it may be of dangerous Consequence for any inferiour Judicature , who are only to declare the Law made , to assume to themselves an arbitrary Power of innovating and altering the same , especially , when it doth tend to the Violation and Overthrow of the antient and fundamental Laws of the Land , consisting in nothing more then in the Liberty the Subjects have in the Freedom of Tryals by their Peers . And forasmuch as the said Jurors have not only been great Sufferers in their Persons and Estates by the said arbitrary and illegal Imprisonment ; but they do also humbly conceive it hath been and still is of very evil Consequence to the Lives , Liberties and Estates of his Majesties Subjects ; for such Persons ( who have acted thus arbitrarily , directly contrary to and in Defiance of , not only the Laws of the Land ; but also of the fore-said Votes of the House of Commons ) to be still continued in Places of so great Trust and Authority , as Recorder , Justices of Peace and Aldermen of the City of London , to the great Terror and Discouragement of all Jurors in the Performance of their Duty . And forasmuch , as they the said Jurors are discouraged by their Counsel to seek Remedy or Satisfaction in the Courts of Westminster-Hall for these so great Oppressions , the Reason alleadged , for that all the said Acts were done by the said Mayor and Recorder in a Court of Judicature , against which no Action can be brought : So that they are like to be left remidiless , unless relieved by this Honourable House , unto whose Protection they do most humbly fly , and beseech their Justice for their Relief .