English Legal History and its Materials

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WilliamPennTrial 5 - 07 Nov 2019 - Main.DaihuiMeng
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META TOPICPARENT name="WebHome"
On William Penn's trial (Test Wiki page)
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 2. Background (How Quakers are being persecuted and why so) 3. Trials in comparison (Brief description of one typical trial of Quakers that result in imprisonment (I'm now trying to pick one from Horle's book), and Penn's trial) 4. Analysis
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  1. Crown's attitude (Charles II, need more reading) B. Judge's attitude (Didn't change much I guess) C. *Jury's attitude (Don't know where this is leading to yet, need to read more about William Penn) Some thoughts now: a. the gradual development of Quaker's legal response (that the Act should require proof of seditious intent, laid the theory foundation for jurors to give such verdict. b. difference of COA. Penn was not charged for unlawful meeting but unlawful assembly causing disturbance of the peace
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      1. Crown's attitude (Charles II, need more reading)
      2. Judge's attitude (Didn't change much I guess)
      3. Jury's attitude (Don't know where this is leading to yet, need to read more about William Penn) Some thoughts now:
      • the gradual development of Quaker's legal response (that the Act should require proof of seditious intent, laid the theory foundation for jurors to give such verdict.
      • difference of COA. Penn was not charged for unlawful meeting but unlawful assembly causing disturbance of the peace
      • William Penn's personal charisma. Both books I found about W.P. has very little about him at the time of the trial, so I haven't found anything about how Penn's charisma affects the jurors.
 5. Beyond the Trial I think it will be too shallow an analysis of the trial and not law-related enough if this paper just end up being an analysis of how charismatic William Penn is. I don't know where I'm going but I guess there should be something to be said about the role of the jury.
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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]. 2. Alexnder Scherr, The Genesis of Bushell's Case: John Vaughan and Legal Change 3. Sir Samuel Starling, An Answer to the Seditious and Scandalous Pamphlet
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  1. Joseph Besse, A Collection of the Sufferings of...Quakers, from ... [1650 to 1689]. (Found online version)
  2. Alexnder Scherr, The Genesis of Bushell's Case: John Vaughan and Legal Change (Can't find it)
  3. Sir Samuel Starling, An Answer to the Seditious and Scandalous Pamphlet (Found online version)
  4. William Penn, Truth Rescued from Imposture (Found online version)
  5. William Penn, Joseph Besse edit., A collection of the works of William Penn (2 vols) (Read in Burke special collection)
 

Potentially useful citations

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1. Thomas Green, Verdict
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  1. Thomas Green, Verdict
 --"Restoration persecution of the Quakers began with the 1662 Quaker Act and reached its height in 1664, the year in which Parliament passed Conventicle Act, which made most nonconformist religious meetings unlawful."

--"The Act to prevent and suppress seditious conventicles was literally interpreted by the Stuart bench. The Act's preamble declared that Parliament sought to suppress seditious conventicles, but the body of the Act proscribed meetings, "under pretense or color of religion" without repeating the adjective "seditious". The bench concluded that the jury must convict if there was manifest proof that the defendant had taken part in what appeared to be such a meeting, unless the defendant showed either that the meeting was not under pretense of religion or that it was not nonconformist. Conviction did not require proof of seditious purposes. That, the bench ruled, was presumed by law. (pg. 204)


Revision 5r5 - 07 Nov 2019 - 01:28:08 - DaihuiMeng
Revision 4r4 - 04 Nov 2019 - 23:06:23 - DaihuiMeng
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