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aw Day 2015 afforded me a delightful opportunity to speak with the founder of Pennsylvania and its most famous Quaker, William Penn, in our new Justice Center. Well, almost. I spoke with veteran actor and disc jockey, Neil Farber, who was charming in his authentic period clothes and curly wig. I also chatted with Doug Miller, his colleague and the Historic Site Administrator of Pennsbury Manor.
With President Judge Finley’s courtroom as a backdrop, Sir William Penn enlightened the students on Bushel’s Case of 1670, which tried William Penn and his fellow Quaker William Mead for practicing their faith. This case established the will of the jury as the superseding trier of fact to the sitting judge. It served as a clear example of the First Amendment right to assemble, the Sixth Amendment right to confront accusers and confirmed that the court could issue a writ of habeas corpus. But the students knew it also for Penn’s insolence in refusing to take off his hat in the London Courtroom. This was because, as a Quaker, he refused to bow or take off his hat to social superiors, believing that all men and women are equal under the eyes of God. The tongue in cheek name for the trial was, thus, “The Hat Trial”. The modern day concept of affirming a witness or party rather than swearing them in prior to testifying is likewise a Quaker legacy. The Quakers did not believe in swearing on a holy name.
The students from Lenape Valley and Palisades Elementary schools enjoyed a history lesson from Doug and Neil. Penn was described to the groups of 6th graders as a believer in religious freedoms and a “law giver”. In fact, Thomas Jefferson referred to Penn as the “greatest” law giver.
A man of profound religious convictions, William Penn wrote dozens of essays and treatises on primitive Christianity, liberty of conscience and religious tolerance. Penn’s “holy experiment”, an achievement in tolerance, also became an experiment in urban planning. In 1682, Penn founded the city which would serve as the capital of the Pennsylvania colony. He named his green towne, “Philadelphia” (Philos, ‘love or friendship’ and adelphos, ‘brother’); the perfect combination of city and country and a place where one would be free from religious persecution. Penn was a visionary who saw America to be a country of true freedom and independence. The concept of a representative government and a trial by jury had roots in Penn’s Charter of Privileges (also known as the Frame of 1701), which became the foundation of Pennsylvania government and the model for the U.S. Constitution. The Charter guaranteed the free and fair trial, freedom of religion, freedom from unjust imprisonment and free elections. In fact, the 50th Anniversary of the Frame of 1701 was celebrated by the casting of the Liberty Bell. He saw his Pennsylvania colony as setting the stage for the rest of the country to follow.
“Penn was a visionary who saw America to be a country of true freedom and independence.” theWRITS
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