JD'S Memes

On this day 352 years ago, tyranny received one of its longest-lasting vibe checks.

It's a check we can deliver every time we get a jury summons.

In August 1670, William Penn and William Mead were arrested in London for preaching to their congregation outside of Grace Church.

Their preaching violated the Conventicle Act, which prohibited religious assemblies of more than five people without authority from the Church of England, the official state church.

To be clear, Penn and Mead were absolutely violating the law. They were preaching their faith without government permission.

After their trial, the jury found them "guilty of speaking in Gracechurch Street", but they refused to add "to an unlawful assembly". The jury was ruling that neither Penn nor Mead had committed any crime, even though they clearly had, because the jurors knew the law was unjust.

This infuriated the judge, who ordered that the jury "shall not be dismissed until we have a verdict that the court will accept".

The jury changed the verdict to "guilty of speaking to an assembly in Gracechurch Street", which is was still not a crime.

The judge locked the jury up overnight without food, water or heat, and Penn was bound and gagged.

The jury was subjected to two days of jail with no food or water. After that two day fast, the jury returned their final verdict:

Not Guilty.

The judge fined the jury for contempt of court for returning a verdict contrary to his own findings of fact, and sent them to prison until the fine was paid.

One of the jurors, Edward Bushel, refused to pay the fine, and remained in prison.

Months later, a higher court vindicated Edward's right, and the right of all jurors, to nullify unjust laws by refusing to convict.

This right of Jury Nullification is one of the most important functions of juries as a check on oppression and government overreach.

It is for that reason that we now call today Jury Rights Day, the day that Edward Bushel and the Penn jurors refused to submit to tyranny, and established our power as jurors to be the final check and balance on government.

If a law is unjust, we can simply refuse to convict.

Happy Jury Rights Day to all of you.

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