[1] It also confirmed that the Court of Common Pleas could issue a writ of habeas corpus in ordinary criminal cases.

They had been arrested in August 1670 for violating the Conventicle Act, which forbade religious assemblies of more than five people outside the auspices of the Church of England.

The jury found the two "guilty of speaking in Gracechurch Street" but refused to add "to an unlawful assembly".

[3] The jury modified the verdict to "guilty of speaking to an assembly in Gracechurch Street", whereupon the judge had them locked up overnight without food, water or heat.

Penn protested, shouting to the jury, "You are Englishmen, mind your Privilege, give not away your Right", to which juror Edward Bushel replied, "Nor shall we ever do.