THE Court being sat, the London-Jury first came on, and two persons were severally brought to Tryal, one for a common Felony, of which there was sufficient proof, the other for stealing a Gold-watch , of which in the opinion of the Court, and all the Jury but one man, there was very convincing Evidence, it being proved that it was stoln from the owner proceedingsvictim , and that it was found upon the Prisoner proceedingsdefend ; a person of very ill fame, and who could give no account how he came by it. The Jury retiring to consider of these two matters, and staying longer than usual, the Court sent to know whether they were not agreed; who thereupon coming into Court, the Foreman declared, That they were all agreed except one, who would by no means yield to find the Prisoner for the Watch guilty: then the Court demanded what should induce him to scruple it, after such plain Evidence, and the thing taken upon him: to which the Juryman answered, That he was not satisfied in his Conscience; for the Watch might be found with the man, and yet he not steal it . The Court expressed a great deal of tenderness, how fit it was the Conscience of every Juryman should be satisfied, but told him, they conceived in this Case there was no ground for scruple; But two of his fellow-Jurors inform'd the Court, that when in the morning this Gentleman had very much insisted to be excused from serving on the Jury, and found that the Court would not allow him that favour,but looked on him as a fit man to serve, he thereupon in seeming discontent did say in the Court so loud, that they heard him; - If I must be on, I'll be cross, or plague them, or some words to that effect: which he absolutely denyed; but the other two being particularly sworn touching that matter, and testifying the words upon Oath, the Court resented the same as a high misdemeanour, and laid a Fine of fifty pounds upon him: For though Jury-men, 'tis said, are not by Law to be punished by, for giving Verdicts according to there Consciences, yet it seems both just and necessary that such misdemeanours of resolved stubbornness be restrained. Then the Court having given the said Juror good Advice, the Jury was returned back again to consider further of it; but he still continued in the same sentiments, and so occasioned them all to be kept without Eating, or Drinking from morning till six or seven a clock in the afternoon: in which interval the Middlesex Jury proceeding upon business, there were several Indictments for other Felonies committed in Middlesex, brought against the same person , who was so charged with the Watch in London, and upon two of them he was found guilty . So that their being enough against him, the Court in respect to the London Jury, (who could not by any means prevail with their Brother to joyn with them) discharged them of the said Prisoner, and took their Verdict onely against the other; but withal ordered, That the said Jury-man should find suretics to appear in, the Kings-bench the first day of the next Term.