Beschreibung:

Manuscript document signed by 13 members of the "Council for the Government of the Province of Pensylvania [sic.] and Territories" including William Penn's son, James Logan, Isaac Norris and others.
N.p. [but Philadelphia]: n.d. [but February to September 1704]. 2 pp., on a bifolium sheet, (320 x 198 mm). Each page written recto only, one page docketed on verso "Oaths & Declarations / of Members of Council / Stenton." Condition : very slight separations at folds. a document signed by the colony's political leaders in the early days of self-governance and primary evidence of pennsylvania's founding principle of religious toleration. Among the articles within William Penn's 1701 Charter of Privileges (sometimes referred to as Charter of Liberties), the document which established Pennsylvania's fourth frame of government and codified the right to freedom of conscience, was an important clause relating to test oaths generally required to hold public office: "all Persons who also profess to believe in Jesus Christ, the Saviour of the World, shall be capable (notwithstanding their other Persuasions and Practices in Point of Conscience and Religion) to serve this Government in any Capacity, both legislatively and executively, he or they solemnly promising, when lawfully required, Allegiance to the King as Sovereign, and Fidelity to the Proprietary and Governor, and taking the Attests as now established by the Law." This freedom was not without controversy, it being held by the Queen-in-Council that oaths were mandatory. However, the religious beliefs of the Quakers prohibited their taking oaths. The Council for the Government of the Province of Pennsylvania (or Provincial Council) was made up of both Quakers and non-Quakers. Following Penn's 1701 Charter, and an additional 1704 Act of the Assembly concerning the regulation of courts, members of the colonial government professed oaths or affirmations, depending on their religious persuasions. Thus, the present document is divided into two halves. The first page is signed by eight non-Quaker members who took the oath written at the top of the page, "We whose names are hereunto subscribed do solemnly promise and swear that wee and each of us will faithfully discharge the trust of members of Council for ye Government of the Province of Pensilvania…" and signed by Roger Mompesson, William Rodeney, William Trent, Jasper Yeates, George Roche, Joseph Pidgeon, Robert French and Anthony Palmer. The second page, records the signatures of the Quaker members who did "declare in the presence of almighty God the witness of the truth of what we say" : William Penn, Jnr., James Logan, Richard Hill, Isaac Norris and Samuel Preston. The function and powers of the Provincial Council were initially defined in 1682 in William Penn's "First Frame of Government" as consisting of 72 elected members and presided by the Governor. However in William Penn's 1701 Charter, members of the Council were appointed by the Proprietor and acted as an executive check on the powers of the Assembly. It is notable that this document includes the signature of William Penn, Jr. (whose signature is nearly identical to that of his father). Penn Jr. was only in the colony for six months in 1704 and caused quite a number of disturbances, including a tussle with a member of the city watch. Isaac Norris would write to a friend in September 1704: “William Penn, Jr., is quite gone off from Friends. He being in company with some extravagants, that beat the watch at Enoch Story's … He talks of going home in the Jersey man-of-war next month. I wish things had been better, or he had never come” (quoted in Janney, The Life of William Penn). Although intended from its inception as a place where Quakers could escape persecution and practice their beliefs without ramifications, the issue of their refusing to take oaths would continue to be questioned in Pennsylvania and England. "In Pennsylvania the dispute over the use of affirmations became complicated by the battles between the governors and the assemblies over establishing courts, and battles between Anglicans and Quakers over control of the colony. Pennsylvania Anglicans were few in