Massachusetts Bay Religious Tolerance in 1743 fo "those People called Quakers refusing to take the Oath that by Law is required " Governor Regarding Quaker Officeholders

This petition from the selectmen of the town of Dartmouth, Massachusetts, requests that the governor, council, and general court advise them on how to deal with elected officials who are Quakers and refuse to swear an oath as required by law. The general court authorized the town to elect constables to collect taxes but did not address the issue of whether Quakers could affirm their commitment to the position rather than swear an oath in its response recorded here.

However, on the same day, March 1, 1744, the governor, council, and general court passed an act allowing Quakers to affirm, rather than swear an oath, "upon any lawful occasion...where, by law, an oath is required." The law did not allow Quakers to give testimony in any criminal cases or serve as jurors, "nor bear any office in this government where an oath is by law required to qualify a person for the discharge of such office, except in town offices only, and in such case not to serve as an assessor or collector for any rate or tax to be made for the support of the ministers or ministers in any town."

Provincial Secretary Josiah Willard reviewed and endorsed this copy of the petition and endorsements.

[QUAKERS.] Josiah Willard, Copy of Selectmen of the Town of Dartmouth, Manuscript Document Signed, Petition to Governor William Shirley (signed clerically) for permission to allow town officers to affirm rather than taking an oath, October 7, 1743, Dartmouth, Massachusetts. 3 pp., 7.75" x 12.375". Expected folds; some holes on folds, but no significant loss of text; general toning.

Excerpts
"To His Excellency William Shirley Esqr Captain General Governour & Commander in Chief in & over His Majesty's Province of the Massachusetts Bay in New England and to the Honourable His Majesty's Council & House of Representatives in General Court to be holden in Boston on the Twentieth Day of this instant October.
"The Petition of the Selectmen of the Town of Dartmouth / Humbly Sheweth
"That whereas at a Town meeting legally Warned and held in Dartmouth on the Twenty Eighth Day of March last past for the Choosing of the Annual Town Officers for the year ensuing, after a Moderator was Chosen they Chose the Selectmen & then a Town Clerk & so other Town Officers as the Law directs the Town Clerk then Chosen Recorded the Work of that meeting he being the same Person that Served Town Clerk the last year & many years past, the meeting was Dissolved the Clerk then Chosen accepted of the office perhaps under hopes & with an Expectation that in lieu of an Oath required in that office he might have been Indulged with the Affirmation into the Office of a Town Clerk as he had been for Seventeen years past he being one of those People called Quakers refusing to take the Oath that by Law is required in that Office and the Justices of the County of Bristol refusing now to Indulge him renders him uncapable of serving, (And the Constables that was Chosen at the aforesaid meeting was not Warned by the Constable to take their respective places)...."

"And your Petitioners doth further Shew that Whereas there is in this Town a Considerable number of People called Quakers that refuse to take the Oath by form of Law required in the respective Town Offices and as Kings Subjects they Claim the Priviledge of a Vote with the rest of the Townes men & when it so happens that any of them is Chosen into any Town Office & not refusing to Serve for any other reasons but the Scruple of taking an Oath in form of the Oath that is required by Law & Indulge them to Serve upon a Solemn Affirmation & Relieve us from great trouble & difficulty in respect to their Fines, and We the Petitioners do further pray that your Excellency & Honours would take the Subject matters into your wise & mature Consideration & so Order & direct as you in Your Wisdom & Justice shall think proper...."

"In the House of Representatives 21 February 1743. Read & Ordered that the Prayer of the Petition be so far granted as that the Inhabitants of the Town of Dartmouth be & hereby are Enabled & Impowered at their annual meeting in March next for the Choice of Town Officers for the ensuing year to Choose One or more Persons to Serve as Constables or Collectors to Gather such Rates & Taxes as may remain due in said Town for the last or any preceeding years & the said Constables or Collectors so Chosen are fully Impowered to Collect the same & shall be liable to the same Penalty for Refusing to Serve in such Office as any other Constable Chosen & refusing to Serve in said Town is or would by Law be liable to.
"Sent up for Concurrence / F: Cushing Spkr.
"In Council March 1, 1743 Read & Concur'd / J. Willard Secry.
"Consented to. / W. Shirley"

Historical Background
In 1731-1732, the government of Massachusetts Bay Colony passed an act exempting Quakers from the payment of taxes for the maintenance of ministers and meeting-houses. In 1734 and 1735, the exemptions were extended to Baptists and Episcopalians.

On March 1, 1743/1744, the same date that the Council concurred with the House of Representatives on this petition, the Governor, Council, and House of Representatives of Massachusetts Bay Colony passed "An Act providing that the solemn affirmation of the people called Quakers shall, in certain cases, be accepted instead of an oath in the usual form; and for preventing inconveniences by means of their having heretofore acted in some town offices without taking the oaths by law required for such offices." The act permitted Quakers to substitute an affirmation for an oath in certain cases, including serving as town clerk, but it continued to exclude them from juries and from providing evidence in criminal cases.

One portion of the law seemed to deal directly with the situation in Dartmouth:
"And whereas in sundry towns within this province the town clerk and other town officers, being of the people called Quakers, have neglected or refused to qualify themselves by taking the oaths to the execution of such office by law annexed, and yet have continued to serve in said offices, and should the consequent proceedings of such town be called in question as illegal and so set aside, many and great inconveniencies and much confusion should arise,
"Be it therefore further enacted,
"That all the acts and proceedings of any town within this province, where all or any of the officers, being Quakers, have neglected and refused to take the oaths to such offices by law annexed, and yet have continued in the execution of their respective offices, be and herby are as fully established and confirmed as such acts and proceedings would have been had such officers been under oath as by law required."

William Shirley (1694-1771) was born in England, was educated at Pembroke College, Cambridge, and read law in the Inner Temple in London. He was called to the bar in 1720 and arrived in Boston, Massachusetts in 1731. He raised troops in New England for the War of Jenkins' Ear, and in April 1741, the Privy Council approved Shirley's commission as governor of Massachusetts Bay. He orchestrated the capture of Louisbourg from the French during King George's War (War of the Austrian Succession) and managed military affairs during the French and Indian War. After the death of General Edward Braddock, Shirley became commander-in-chief of British forces in North America. He served as governor of Massachusetts Bay from 1741 to 1749 and again from 1753 to 1756. While he was absent in England from 1749 to 1753, Spencer Phips served as acting governor. Because of political disputes with New York politicians, Shirley was recalled in 1757 as both commander-in-chief and governor. He served as governor of the Bahamas from 1760 to 1768, before returning to Massachusetts, where he died.

Josiah Willard (1681-1756) was born in Boston and graduated from Harvard College in 1698. He studied for the ministry and preached for a time but soon retired. He then traveled in Europe and the West Indies. In 1717, he was commissioned as Secretary of the Province of the Massachusetts Bay and held that position until his death. He also served as Judge of Probate for Suffolk County from 1728 to 1745 and sat on the executive council from 1734 to 1755.

Humphrey Smith (1705-1777) was born in Dartmouth, Massachusetts Bay. He married Mary Wilcox in April 1731, and they had at least four children. He was a Quaker and served as a selectman for Dartmouth, Massachusetts.

Moses Mandell (1695-1746) was born in Worcester, Massachusetts Bay. He married Hannah Ruggles (1689-1735) in 1713, and they had at least six children. He was a carpenter, drover, innkeeper, merchant, and gentleman. He also served as a selectman for Dartmouth, Massachusetts.

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