Posted on 08/31/2008 6:52:31 AM PDT by rellimpank
To grasp why the Bill of Rights leads off by barring Congress from "establishing" any religion, "or prohibiting the free exercise thereof," you must understand that in 18th century England there was no "separation of church and state." The English monarch to this day includes in her title "Fidele Defensor" -- Defender of the Faith. Which helps explain why even our right to a jury trial stems directly from this era.
In 1670, it was declared illegal to hold a religious gathering or preach a sermon in England which was not a "Church of England" sermon. Dissident churches, including the Quaker meeting houses, were closed.
Unable to get into his London meeting house, William Penn led a Quaker meeting in the street outside. He was arrested and put on trial -- on Sept. 5, 1670, 338 years ago this week.
The judges explained to the jury that preaching a nonconformist sermon was illegal, and Penn had been caught doing just that. They instructed the jury to convict.
The jury asked to be read the wording of the law Penn was said to have violated. The judges told them they didn't need to read any stinking law, they were to "take the law as we give it to you" -- an insufferably aristocratic phrase that's cropping up a lot in our own courthouses, these days.
The jury said if they couldn't see the law, they weren't going to convict. In fact, God bless them, they unanimously acquitted William Penn, who was thus free to emigrate to Americ
(Excerpt) Read more at lvrj.com ...
The judge issues instructions not orders to the Jury. The Jury is always free to disregard the instructions and is always free to reach any decision on the charges.
“Juries were and remain to this day free to vote their conscience, even in direct contravention of the instructions of the judge; they cannot be punished for doing so.”
Words worth remembering.
i HOPE every FREEPER reads this and tells all their network.
bmflr
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