English Legal History and its Materials

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WilliamPennTrial 31 - 05 Dec 2019 - Main.EbenMoglen
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On William Penn's trial

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 I'm just writing out what I'm thinking, so please ignore the stupid spelling and grammar mistakes. I will certainly proofread and refine it later.

Central Question:

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My questions (Updating)
  • Why the Recorder does not say under what law the indictment was based (the part when they talked about "common law"). Thomas Green said the indictment was based on the Conventicles Act, and the Recorder later did say Penn was charged for preaching to the people and drawing a tumultuous company after them,
 
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We could just say, "Why was William Penn acquitted at his trial, when so many other Quakers were easily convicted under the Conventicle Act?"
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The indictment will have been read in court. The US Supreme Court held in 1816 in US v. Hudson & Goodwin that there can be no federal criminal common law, and state criminal common law has been largely but not completely eliminated by statutory codification, but that's not English law then or now.
 
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My questions (Updating)
  • Why the Recorder does not say under what law the indictment was based (the part when they talked about "common law"). Thomas Green said the indictment was based on the Conventicles Act, and the Recorder later did say Penn was charged for preaching to the people and drawing a tumultuous company after them,
 
  • Why the challenge to select Bushell failed? In the original texts, it said one Lord challenged Bushell as a juror for failing to kiss the Bible, but apparently it didn't work. Why?
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Because that in itself was not a cause for rejecting the juror.

 
  • How do I do citation here...
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You can use links, or you can make footnotes in the ordinary form, by using "{\{ ... }\}" to mark the footnote. See the FootNotePlugin documentation.

 

William Penn's Trial

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

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  Record. Yes.
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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."_
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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

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These are all the necessary parts, loose in a bag. Now it is time for a draft that writes the history, as narrative combined with analysis. This is the literary exercise: story-telling for engaged readers eager to grasp both details and larger meanings. Excelsior.
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This is work well under way now. There are two primary jobs to do: tightening the relationship between narrative and analysis, and removing yourself from the draft to give a more "academic" tone to the writing.
 


Revision 31r31 - 05 Dec 2019 - 12:02:43 - EbenMoglen
Revision 30r30 - 29 Nov 2019 - 05:08:44 - DaihuiMeng
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