Already a noted theorist and agitator on behalf of religious toleration in England when he turned his attention to American colonization, William Penn (1644–1718) played a central role in the development of liberty of conscience as a fundamental element of legitimate government. This chapter explores the foundations of Penn’s understanding of liberty of conscience and the important role he saw it playing as a foundational social, political, and legal principle. After an overview of Penn’s life and career, the focus turns to Penn’s role in the tolerationist movement during the 1670s in England and the main components of his theory as it developed over the course of his public career; his defense of representative institutions like juries and Parliament; his understanding of fundamental law; and his defense of “civil interest” as a social bond for uniting a religiously-diverse population like England and, later, Pennsylvania. The chapter concludes with a brief examination of the founding documents and early history of Penn’s colony.

John Dickinson (1732–1809) was a Founder of the United States whose jurisprudence was greatly influenced by Quakerism. Although he never joined the Religious Society of Friends, Dickinson adopted the basic tenets of their religion, particularly the belief in the Light of Christ in the conscience, which caused them to consider all people spiritually equal, regardless of gender, race, or socio-economic status. The strong and outspoken Quaker women in Dickinson’s life—his mother, wife, daughters, and a range of other female friends and relatives—influenced him to advocate for women in his legal practice and in his work to found the nation. Among the leading Founders, Dickinson was the only one to press for women’s rights, making him an early feminist.