Liberty, Conscience & Toleration: The Political Thought of William Penn by Andrew R. Murphy (review)

In this intellectual biography of William Penn, Andrew Murphy uses Penn's writings to trace the development of his political theory while placing Penn and his work in the historical context of Restoration England. This contextual approach leads to a deeper understanding of Penn's theory on toleration, or liberty of conscience, and encourages a balanced assessment of the choices he made as he worked to put his theory into practice in Pennsylvania. As Murphy shows, Penn, like many other intellectuals of his day, theorized about politics, but unlike most, Penn also experimented and tried to put his ideas into practice. This unique position makes him an ideal case study for examining not just the theoretical aspects of religious toleration, but also the practical application of religious freedom and the challenges involved in creating a society that allowed individuals to openly follow the religious creed of their own choice rather than one prescribed by the state. His efforts in Pennsylvania set him "apart from contemporaries who outlined theories of toleration yet were never forced to grapple with the concrete practicalities of governance" (x). According to Murphy, four "major political episodes" affected Penn's development as both a political thinker and an actor: the controversy over the Second Conventicle Act, the Popish Plot and Exclusion Crisis, the founding of Pennsylvania, and the reign of James II.

Murphy begins by explaining how, although Penn never produced a major canonical work on the subject, his political thought was foundational "in the emergence of toleration as both a philosophical principle and a political reality" (12). Penn lived and wrote during an age in which individuals more openly questioned laws that forced them to follow the Church prescribed by their monarch, and this questioning led to a number of arguments for toleration. But, as Murphy points out, "toleration," which is often seen simply as "liberty of conscience," was a complex matter that involved questions not just of conscience but also of behavior. Catholics, Quakers, and other nonconformists wanted not only to believe as they chose, but also to act upon their beliefs through customs and church attendance. Those who sought to uphold the status quo by maintaining the custom of having the government support an established church argued that people could believe whatever they wanted, so long as they conformed to laws requiring them to outwardly follow the state church. Men like Penn maintained that this was not good enough. They insisted upon the right to meet in groups and worship as they chose. This was a direct violation of the Conventicle Act, which forbade religious assemblies of more than five people. Penn's arrest for this infraction led to his famous trial, which in turn led to "Bushel's Case," a case that resulted in the right of jury nullification.

Murphy shows that Penn's understanding of toleration had far-reaching implications that affected people beyond the Society of Friends in both the colonies and the mother country. His theories relied on a range of toleration arguments—from Christian to historical/political to epistemological/psychological to prudential/interest-based—to make his case, emphasizing different facets of his argument in accordance with the political context of any given moment and taking maximum advantage of any opportunity to make his case for allowing freedom of conscience and worship. All the while, he had to contend with discourses of orthodoxy and uniformity that, as Murphy showed, made perfect sense to many people still in recovery from the turmoil of civil war and religious dictatorship under Oliver Cromwell.

Penn entered the movement for religious tolerance shortly after his Quaker convincement (conversion) led him into the Conventicle Act controversy. He and William Mead were arrested for disturbing the peace by preaching on the street after their meetinghouse had been closed by authorities. Penn used their trial to present "an impassioned defense of religious assembly and the rights of Englishmen...