English Legal History and its Materials

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WilliamPennTrial 7 - 11 Nov 2019 - Main.DaihuiMeng
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 On William Penn's trial (Test Wiki page)

Central Question:

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  • The Reports and Arguments of that learned Judge Sir John Vaughn

Other Reference on the list

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  1. Joseph Besse, A Collection of the Sufferings of...Quakers, from ... [1650 to 1689]. (Found online version)
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  1. Joseph Besse, A Collection of the Sufferings of...Quakers, from ... [1650 to 1689].
(https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t7fr05209&view=1up&seq=305&size=125)
 
  1. Alexnder Scherr, The Genesis of Bushell's Case: John Vaughan and Legal Change (Can't find it)
  2. Sir Samuel Starling, An Answer to the Seditious and Scandalous Pamphlet (Found online version)
  3. William Penn, Truth Rescued from Imposture (Found online version)
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 3. Horle --Why Quakers being persecuted, pg. 6-10. The reasons I see most related in Penn's case is Quaker's defiance against the authorities and customs, therefore the fun part about the hat in Penn's trial and why legal officials don't like Quakers.
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--pg. 111
  • Jury not cooperating, Judge threating, Jury cooperated. Court give reward to jury? Check if anything from Thomas Leader.
 
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4. Besse, --Pg. 401:
  • 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.
 
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--pg. 403
  • 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.
 -- DaihuiMeng - 04 Nov 2019
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META TOPICMOVED by="EbenMoglen" date="1573137895" from="Sandbox.DaihuiMeng" to="EngLegalHist.WilliamPennTrial"

Revision 7r7 - 11 Nov 2019 - 02:43:50 - DaihuiMeng
Revision 6r6 - 07 Nov 2019 - 14:44:55 - EbenMoglen
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