Edward Bushel was an English juror remembered for bringing "Bushel's case", a legal case which established the independence of a jury from interference by a judge.
Biography[]
In August 1670 Bushel was summoned to serve on the jury in the trial of two Quakers accused of having "held a religious gathering of more than five people outside the auspices of the Church of England", which was at the time illegal. The jury refused to convict the defendants and stated they were guilty only of speaking in Gracechurch Street. The judge refused to accept this verdict and ordered the jury to remain until they had returned a verdict he would accept. The jury still refused to convict, at which point the judge ordered them held in contempt without food, water or heat. As the jury were led away one of the defendants, William Penn, cried out "You are Englishmen, mind your Privilege, give not away your Right". Bushel replied "Nor shall we ever do".
After two days in confinement the jury returned and for a third time returned a verdict of not guilty. The judge found them in contempt and imprisoned all twelve jurors until they agreed to pay a fine. Penn protested that this was a violation of Magna Carta and Bushel, inspired by this, refused to pay the fine even as he was imprisoned.
Bushel wrote from prison to the Court of Common Pleas petitioning that he be released via a writ of habeas corpus. Chief Justice John Vaughan refused to issue the writ as he believed it was not within his power to do so, but the other justices disagreed and ordered Bushel's release. The Court ruled that a judge did not have the authority to order a jury to convict a defendant or to punish them for returning a verdict unless there was evidence that they had broken the law in doing so. Bushel's fate after the case is unknown.