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WilliamPennTrial 25 - 24 Nov 2019 - Main.DaihuiMeng
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On William Penn's trial | | | After presenting Penn's trial in more detail and putting in comparison three other trials of Quakers, I want to propose some reasons/factors that led to Penn's acquittal. The first factor is the Crown's attitude, i.e. Charles II's indulgence to dissenters. Although this reason certainly did not lead to the specific success of Penn in his trial, it is a very important background reason that made any such success more possible. The second reason was William Penn's personal traits, including his characteristics and his knowledge. The last reason would be the conscience of the jurors. I want to point out the importance to see the jury not just as a whole, but to notice each individual juror as a conscientious human being whose attitude sometimes can shape the legal development.
Charles II's indulgence | |
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> | When Charles II was restored, he took an attitude of tolerance to all of the non-conformists, hoping to prevent religion from ever again being the cause of civil disturbances. For example, on January 1663, Charles ordered the release from Newgate of all though who had been imprisoned for unlawful meetings; two weeks later, he ordered the release of all those in Southward who were kept for unlawful assembly to the disturbance of the peace, except those being "dangerously seditious". In one of the meetings with congregational ministers, he said:" I am against persecution for religion and shall be as long as I live. I would have no man punished for that that he cannot help. No man can believe but as brought to it from God." | | | | |
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> | However, Charles's indulgence was ineffective for political reasons. His declarations of indulgence became a vehicle for testing the balance of power between the King and the Parliament. The attitude of the Parliament to the dissenters was more than unfavorable. Private meetings of large groups of people who believe they have individual access to God were dangerous and disturbing to those Lords and Justices; they sincerely believed that those Quakers were dangerous people. Parliament therefore protested that Charles' indulgence policy exceeded King's powers. "Vengeful for the past, fearful for the future, righteous in the service of the Lord, and jealous of its prerogatives, Parliament responded to every rising and rumor with more legislation designed to suppress dissent. "Charles, however, could not push his indulgence policy too much against such opposition of the Parliament because he was aware of the constitutional limit of his power, and facing the warfare and the need of money, he had to be cautious.
As a result, during the time period we are examining, the crown's attitude could have been one of the background reasons that made Penn's success possible because King's bench would consider King's policy after all. However, King's indulgence proved to be very elusive and ineffective, as the Parliament and law enforcement officers disliked even feared Quakers. | | | Penn's charisma
Jurors' conscience |
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