Willum Penn on the Swearing of Oaths: His Ideas in Theory and Practice

Abstract

WILLUM PENN ON THE SWEARING OF OATHS HIS IDEAS IN THEORY AND PRACTICE By T. Noel Stern* William Penn's opposition to the swearing of judicial oaths and oaths of allegiance and his advocacy of affirmations or solemn promises as a substitute for oath taking were an important aspect of his overall political theory. During the twelve year period 16711683 he not only set forth his convictions in extensive writings and public statements, especially in his Treatise on Oaths, but he also applied his ideas as trustee of the colony of West Jersey and as proprietor of the province of Pennsylvania. The development of Penn's ideas in this respect revealed the depth of his convictions and his progressiveness as a political leader as well as some contradictions . This article proposes to examine the evolution of Penn's thought and will seek to answer two questions. ( 1 ) Progressiveness. Was Penn progressive or liberal for his times in regard to oath-taking? Was he in advance of the body of political thought in England and in the American colonies on that issue as he was on a number of other matters concerning the political and social order? By progressive or liberal is meant moving toward a more open society and a more open social mind, toward greater freedom for the individual and toward greater honesty among men, and moving away from superstition, from needless ritualism. (2) Consistency. How consistent was William Penn as he grew older? A change began in his attitude toward loyalty affirmations and affirmations of religious faith around 1679. A further change took place in 1682 after he received title to Pennsylvania. Penn's opposition to oaths sprang from his conviction that religious principle should control political behavior and from his belief in honesty, simplicity and puritanic morality. Penn's opposition to the demand of the English government that Englishmen swear oaths was closely tied to his lifelong stand for religious freedom *T. Noel Stern is Professor of Political Science, Southeastern Massachusetts University. 84 William Penn on the Swearing of Oaths85 which he presented in his Great Case of Liberty of Conscience1 and in other works. Penn defended freedom of religión in his youth sometimes quite heatedly. He defended it in his mature years with greater restraint. Although Penn went to prison as a young man because of his opposition to loyalty oaths and his belief in religious liberty, he accepted political authority as the will of God. In his Preface to the First Frame of Government for Pennsylvania, he quoted the Apostle Paul, "Let every soul be subject to the higher powers, for there is no power but of God. The powers that be are ordained of God; whosoever resisteth the power resisteth the ordinance of God."2 In short, Penn sought to reconcile liberty and authority in his frame of government.3 His stand on oaths and affirmations was part of that effort. The Years of Persecution in England Penn spoke against oaths during the religious persecution following the Restoration when thousands of Quakers were jailed for their beliefs, including their testimony against swearing. In 1662 Parliament had passed the Quaker Act directed against those "mischiefs and dangers that may arise by certain persons called Quakers , and others refusing to take oaths." Penalties were imposed upon those who refused oaths or who sought to persuade others to refuse to swear. Two years later, in 1664, Parliament passed the First Conventicle Act, stiffening the provisions of the Quaker Act 1.The Great Case of Liberty of Conscience, 1670, is in the Collection of the Works of William Penn, 2 vols., 1726 (hereinafter cited as the Collection ), Vol. I, pp. 443-447. Penn's thought on puritanic virtue and simplicity appears in his No Cross, No Crown, 1682, and in other writings. 2.The Preface to the First Frame of 1682 is reprinted in Frederick B. Tolles and E. Gordon Alderfer, The Witness of William Penn, 1957, pp. 109-112. The quotation from Paul is from Romans XIII. 3.Penn's effort to harmonize the two principles of authority and liberty is outlined in the last paragraph of his Preface to the First Frame. A few of...