Background

It shouldn't be too surprising that Quakers as Nonconformists are not so popular in the eyes of legal enforcement. However, I think it will be helpful to start this article with some additional background knowledge about why, more specifically, were Quakers prosecuted so often. The first reason, as shown in the excerpt, is that Quakers are unwilling to take off their courts in the court. Trivial it may appear now, such behavior could be intolerable in 17th century England. It was a social customary at that time that people would doff their hats to acknowledge others passing by, and not wearing the hat in church or court, particularly not in the presence of superiors. Friends, due to their religious beliefs that I will not explain more here, did not follow those customs; they use dress simply, use words like "thou" and "thee" casually, and refuse to take off their hats in front of any judge or magistrate. While Charles II may tolerate William Penn's hat by taking off his own and tease that only one person may wear a hat in the palace, most authorities did not take such acts lightly. To authorities, such actions were not simply innocent eccentricity, as they have historically stand for a social protest. The feeling of being disrespected and the concern of social disturbances as Quakers group grew was therefore a big reason why Quakers were so unpopular among Judges and other law enforcement.

William Penn's Trial

Clerk. Bring William Penn and William Mead to the bar.

Mayor. Sirrah, who bid you put off their hats? put on their hats again.

Obser. Whereupon one of the officers putting the prisoners hats upon their heads (pursuant to the order of the court) brought them to the bar.

Record. Do you know where you are?

Penn. Yes.

Record. Do not you know it is the king's court,

Penn. I know it to be a court, and I suppose it to be the king's court.

Record. Do you not know there is respect due to the court?

Penn. Yes.

Record. Why do you not pay it then?

Penn. I do so.

Record. Why do you not pull off your hat then?

Penn. Because I do not believe that to be any respect.

Record. Well, the court sets forty marks a piece upon your heads, as a fine for your contempt of the court.

Penn. I desire it might be observed, that, we came into the court with our hats off (that is, taken off,) and if they have been put on since, it was by order from the bench; and therefore not we, but the bench should be fined.

Mead. I have a question, to ask the Recorders am I fined also?

Record. Yes.

Mead. I desire the Jury, and all people to take notice of this injustice of the recorder: Who spake to me to pull off my hat? and yet hath he put a fine upon my head. O fear the Lord, and dread his power, and yield to the guidance of his holy spirit, for he is not far from every one of you."_

Introduction

1. Joseph Besse, A Collection of the Sufferings of...Quakers, from ... [1650 to 1689].

• Jury not cooperating, Judge threating, Jury cooperated. Court give reward to jury? Check if anything from Thomas Leader.

• Indictment "...present at a certain unlawful assembly, under colour or pretense of exercise of religion, in other manner that is allowed by the practice of the church of England...in contempt of the law, and contrary to the peace of our lord of the King...."
• Jury fund them "guilty of meeting, but not of Fact". Jury said "there was evidence that they met, therefore we say guilty of meeting, but no evidence to prove what they did there, therefore we say not guilty of meeting contrary to the liturgy of the church of England."
• Jury said respect for those meeting worshiping the God. Judge unpleased but several jurors refused to change. "My lord, I am content, any wounding, but the wounding of my conscience."

--pg. 244

• indicted on Conventicle Act. Witness testified meeting at certain time and place, but heard none of them speak or do anything.
• Prisoners said they transgressed no law, Judge replied (holding Conventicle Act) that they transgressed this law, and instructed jury:" You are not to expect plain punctural evidence of antyhing; a bare proof of their being met is sufficient for their conviction. It is not your business to enter into the meaning of the law, but singly to determine the fact of the meeting."
• Jury found prisoners guilty.

• I found in one trial Judge Hide, perceiving the prisoner to be a Quaker, who came in with hat off, ordered the hat to be put on, and then fined him for not taking hat off (So it is a common exercise huh, side note says "an offense on purpose to bu punished)

--pg. 425

• Right after Penn's trial, another grp of Quakers tried for the same facts. Court empaneled another jury (intentionally selected those who would like to listen to the court). Still lacking evidence of causing riot, but jury convicted the prisoners.