• 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?

Penn's Trial

On August 14th 1670, William Penn and William Mead were addressing a large crowd at Gracehurch Street. They were soon arrested under the warrants signed by the Lord Mayor, Sir Samuel Starling. According to the warrant, Penn and Mead were arrested for "preaching seditiously and causing a great tumult of people ... to be gathered riotously and routously." (pg. 222, fn 91). They were charged under the Conventicles Act; both demanded a jury trial. In September 1670, they were tried in London, the Old Bailey. The ludicrous hat show was the beginning of the trial, which escalated into a drama out of control. The Recorder(Howel) called three witnesses, who all basically testified that they saw Penn and Mead and a large group of people at Gracehurch Street at that time, but did not hear what they said. Penn did not really question or object those witnesses; they actually both admitted with pride that they assembled to preach and pray. Penn believed that the Crown's evidence, even factually true, did not make their acts unlawful:

Penn. I affirm I have broken no law, nor am I Guilty of the indictment that is laid to my charge; and to the end the bench, the jury, and myself, with these that hear us, may have a more direct understanding of this procedure, I desire you would let me know by what law it is you prosecute me, and upon what law you ground my indictment.

Rec. Upon the common-law.

Penn. Where is that common-law?

Rec. You must not think that I am able to run up so many years, and over so many adjudged cases, which we call common-law, to answer your curiosity.

Penn. This answer I am sure is very short of my question, for if it be common, it should not be so hard to produce.

Rec. Sir, will you plead to your indictment?

Penn. Shall I plead to an Indictment that hath no foundation in law? If it contain that law you say I have broken, why should you decline to produce that law, since it will be impossible for the jury to determine, or agree to bring in their verdict, who have not the law produced, by which they should measure the truth of this indictment, and the guilt, or contrary of my fact?

Rec. You are a saucy fellow, speak to the Indictment.

• William Penn's trial (I read it on a state trials collection, but here is an online version: https://www.constitution.org/trials/penn/penn-mead.htm)

• Marry Dunn, William Penn, Politics and Conscience

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

• Alexnder Scherr, The Genesis of Bushell's Case: John Vaughan and Legal Change (Can't find it)
• Sir Samuel Starling, An Answer to the Seditious and Scandalous Pamphlet (Found online version)
• William Penn, Truth Rescued from Imposture (Found online version)
• William Penn, Joseph Besse edit., A collection of the works of William Penn (2 vols) (Read in Burke special collection)

Trials

On August 14th 1670, William Penn and William Mead were addressing a large crowd at Gracehurch Street. They were soon arrested under the warrants signed by the Lord Mayor, Sir Samuel Starling. According to the warrant, Penn and Mead were arrested for "preaching seditiously and causing a great tumult of people ... to be gathered riotously and routously." (pg. 222, fn 91). They were charged under the Conventicles Act; both demanded a jury trial. In September 1670, they were tried in London, the Old Bailey. The ludicrous hat show was the beginning of the trial, which escalated into a drama out of control. The Recorder(Howel) called three witnesses, who all basically testified that they saw Penn and Mead and a large group of people at Gracehurch Street at that time, but did not hear what they said. Penn did not really question or object those witnesses; they actually both admitted with pride that they assembled to preach and pray, believing that was their duty. Penn believe that the Crown's evidence, even factually true, did not make their acts unlawful. Penn demanded the Court to show what law was the indictment was based on. The Recorder replied that

While Quakers could defend themselves with the pen and make all the legal arguments against the bench, in trials they could only bear the tyranny of the judges. At a time when there was no appeal procedure and no fine or other punishment for Judge's misconduct, Judges' enjoyed a dictating power. We can already get a taste of how tyrannical a Judge can be from the excerpt, when the Judge literally ordered the hat to be put on Penn's head and then fined him for contempt of the court. Such a trick was actually a common practice; in a more outrageous case, Judge Hyde did the same thing to a Quaker who was simply standing by and hearing the trial; after perceiving him to be a Quaker, Judge Hide ordered to bring the man to the bar with the hat off, ordered the hat to be put on, then fined the man for contempt of the court for not taking off his hat. What really needs to be stressed is judges' dictation over the jury. Although the instruction given by a judge can be questioned as we see above, although some jurors may entertain serious doubt about whether the defendant Quakers' meeting was against the Conventicle Act, in most if not all Quakers trials Judge will dictate jurors to give a guilty verdict with the threat to starve them or fine them. In the next section I will present Penn's and some other tirals in a fuller picture, but it is important to know as background knowledge that in most Quaker trials, Judges would force the jury to give a guilty verdict.

On William Penn's trial

We could just say, "Why was William Penn acquitted at his trial, when so many other Quakers were easily convicted under the Conventicle Act?"

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.

--pg. 6 "This in 1666 was William Penn. He was educated, traveled, and perhaps excitable. He was reported handsome and personable, and was winning friendly attention from his father's aristocratic and influential friends...

--pg. 7. Charles II, crown's tolerance to nonconformists. However such indulgence was opposed by Parliament; wasn't really helpful "Vengeful for the past, fearful for the future, righteous in the service of the Lord, and jelous of its prerogatives, Parliament responded to every rising and rumor with more legislation designed to suppress dissent. "

--pg. 10. Penn because of his status, became a famous advocate for Quakers

--pg. 12. Meeting of sufferings providing legal counsel and support to Quakers

--pg. 19. Pennn was not only carrying on his religious exercises despite the law and according to conscience ... he was also anxious to test the laws under which they were persecuted; ensuing trials, it was hoped, would bring redress and, given sufficiecnt friendly verdicts, overturn persecution itself.