This forced trials to be speedy, which
they had not hitherto been. Now it was impossible for the Crown to
detain a person for political reasons in defiance of both
Parliament and the courts, as Charles I had done. The writ was
suspended in times of war and domestic unrest: 1689,1696, 1708.
In 1670, William Penn was arrested for sedition for delivering a
sermon in London, contrary to the statute that only the Church of
England could conduct meetings for worship. The jurors would not
convict him, so were gaoled and fined by the justices. The jurors
filed a writ of habeas corpus in the Court of Common Pleas, which
held in their favor. Thereafter the English jury had full
independence to decide to verdicts. By court decision of 1679,
jurors were held not to be responsible to the justice for their
verdict.
After 1688, hearsay was inadmissible as evidence, which Coke had
recommended. The old system of original writs was abandoned, and
the general concept or a wrong to person or property took its
place.
A person who was sergeant at law, counselor at law, barrister,
advocate, attorney, solicitor, proctor, clerk, or notary in the
courts had to take the required oaths of allegiance and supremacy.
As of 1692, persons outlawed could appear by attorney as well as
in person to argue reversal of such outlawry, except in cases of
treason and felony.
As of 1696, persons accused of high treason where there might be
corruption of the blood or for misprison [concealing knowledge] of
such treason had to be taken before a grand jury for indictment
within three years of the offense.
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