Abstract

Political theorists can at times forget that the origins of political theory lie in the struggles of concrete political life. This paper focuses on one arena of political contestation: the collision between dissenters and their communities’ legal systems. It focuses on The Peoples Ancient and Just Liberties Asserted, a purported transcript of the trial of William Penn and William Mead for disturbance of the peace. The trial plays an important role in the emergent principle of jury independence and a key role in Penn’s career as a political actor during the 1670s, culminating in his American colonizing enterprise. After a few remarks about the trial itself, the paper proceeds in two parts, each emphasizing an aspect of the text’s performative nature. First, akin to canonical works of the Anglo-American tradition, Peoples presents embedded principles: coherent and substantive visions of legitimate government, justified by reference to authoritative texts, arguments, and practices. But the defendants in Peoples also enact and embody political dissent in ways other than overt and explicit argumentation: Penn and Mead themselves appear as characters performing a politics of dissent. As a work of both political theory and political theater, Peoples offers insights into Deleuze’s notion of “dramatization,” and can lead us to a broader appreciation of the many different genres that constitute political theory.