Yale University Library
39002002959857

II-III

CHURCH AND STATE

NEW ENGLAND

JOHNS HOPKINS UNIVERSITY STUDIES
IN
Historical and Political Science
HERBERT B. ADAMS, Editor

History is past Politics and Politics present History — Freeman

TENTH SERIES
II-III

CHURCH AND STATE

NEW ENGLAND

By PAUL E. LAUER, A. M .
Fellow in Siatory, Johns SopTcins University

baltimore
The Johns Hopkius Press
February and March, 189)5

COPYEIGHT, 1892, BT THE JOHNS HOPKHTS PKESS.

JOHN MURPHY tl CO., PRINTERS.
BALTIMORE.

PREFACE.

The complete separation of church and state is an American
doctrine. European governments have long maintained church
estabEshments. The Puritan colonists of New England in the
seventeenth century were not prepared to organize on principles
that characterize the relations of church and state in America
to-day. They followed the example of the mother country and
united the civil and ecclesiastical organizations. They estab
lished the Congregational church and endeavored to maintain
it by law against all opposition.
The design of this monograph is to give the history of the
establishment, to point out the causes that led to the dis-estab-
lishment and also the steps by which the latter was brought
about. The author aims, in this way, to trace the growth of
religious liberty from the time of the first settlements to the final
triumph of religious freedom in New England in 1834.
P. E. L.

CONTENTS.

Chapter I. — Inteodtjotoby.
The Reformation in England  12
Else of the Puritans  15
Rise of the Brownists  17
The Brownists in Holland  18
Their Reasons for Coming to America  19
Ideas of the Relations of Church and State  24
The Puritans  26
Their Reasons for Coming to America  27
The Organization of the Colony at Salem  28
Plymouth and Salem  29
Chapter II. — The Civil and Ecclesiastical Beginnings op
New England.
Massachusetts  31
Extension of the Plymouth Colony; its Causes and Results  31
Extension of the Puritan Colony  32
Relations of Church and State  82
(a) At Plymouth  32
(6) The Puritans  83
Laws of 1631, 1638, 1644, 1658  34
(c) The Charter of 1691  35
Its provisions for Liberty of Conscience....,  35
Laws under the Charter  36
Maine  86
The Popham Colony  36
Maine Episcopal  ,  87
Massachusetts assumes the government of Maine  38
Relations of Church and State   40
New Hampshire  41
Early Settlements  41
Massachusetts' Jurisdiction  41
Relations of Church and State  42
Connecticut  43
The Connecticut Colony  43
7

8 Contents. PAGE.
New Haven Colony  43
Their Puritan Character  44
Relations of Church and State  44
Congregational Order approved  45
The Condition of Connecticut in 1680  45
Shade Island  46
Founded by Roger Williams  46
Relations of Church and State  47
Religious Freedom guaranteed by Charter of 1663  48
Vermont  49
Its Early Settlements  49
Controversy with New York  '.  49
Relations of Church and State  50
Article III of Bill of Rights of the Constitution of 1777  50
Chapter III. — The Development op Religious Liberty in the
Seventeenth Century to 1691.
(1) Persecution develops Religious Liberty  52
In Massachusetts  52
In Connecticut  55
In Rhode Island — its Religious Liberty the first fruits of per
secution in Massachusetts  55
(2) The Extension of the Franchise..!  56
In Connecticut  56
By Charter of 1662  56
In Massachusetts  57
(a) Maine and New Hampshire citizens not church members 57
(6) The Adoption of the Half-way Covenant  58
(c) The King insists upon giving all citizens the Franchise.. 60
His letter  60
The Church Membership Qualification law repealed.. 61
Its substitute  61
(3) Massachusetts' controversy with the King forces her to a more
liberal policy  64
All persecuting laws repealed  64
Chapter IV. — Development op Religious Liberty in the Eigh
teenth Century to 1787.
The Commercial and Industrial Life of New England tends towards
Religious Liberty  68
Breaking up ofthe Old Town-Church System  69
Charter of 1691. Baptist Swansea under jurisdiction of Massachu
setts  69
Towns begin to support two Churches  70

Contents. 9
PAGE.
Boston, Hartford, Windsor and Newbury  71
Increase in Number of Dissenters  72
Baptists and Episcopalians  73
Prominent men among Dissenters  74
Dissenters not social outlaws in 1700  74
Baptist ordination in Boston  74
Rector Cutler and the Episcopalians  75
The condition of religion at the beginning of the Eighteenth Cen
tury  76
Influence of the Half-way Covenant  76
Influence of State Churchism  77
Opinions of the Eev. Torry, Dr. Mather and Mr. Willard on the
Condition of Eeligion  77
The Dissenters and the Exemption Laws  79
Progress of Eeligious Liberty  80
In Massachusetts  80
Exemption Laws for Episcopalians, 1735, 1742 ; for Quakers and
Baptists  ,  80
Baptists object to Certificate System because it acknowledges
State control  83
Bill of Eights of 1780  84
In Connecticut  85
Act of Toleration, 1708  85
Exemption Laws  85
Episcopalian, 1727  86
Quaker and Baptist, 1729  87
The Great Awakening  87
Law of 1742  ".  87
Separates  88
Saybrook Platform abrogated 1784  89
In New Hampshire  89
Law of 1714 cited  89
Bill of Eights, 1784  90
In Vermont   90
Bill of Eights, 1777  90
Law of 1783 quoted  91
In Shade Island  93
No State Church — Disfranchised Catholics  98
Chapter v.— Development op Eeligious Liberty in the Nine
teenth Century — Disestablishment.
The Federal Constitution  95
Its amendments as to religious tests and religious freedom help to
settle the question in the States  96

10 Contents. PAGE.
Disestablishment  98
In Vermont  98
Law of 1801 to appease dissenters not satisfactory  98
Disestablishment in 1807  99
In Connecticut  99
Could more be asked for than the Law of 1791 granted ? Law
quoted  99
Dissenters combine with Eepublicans to overthrow the Charter
government  100
BiU of Eights, 1818, destroys the Church establishment. Arti
cles quoted  101
In New Hampshire  101
Baptists recognized as a sect in 1804; Universalists in 1805;
Methodists in 1807  101
Toleration Act of 1819  102
In Maine  ,  102
Separates from Massachusetts — New constitution puts religion
on a voluntary basis  102
Article III of the Bill of Eights quoted  102
In Massachusetts  103
Baptists test Certificate System under Bill of Rights  103
Unjust interpretation of the Laws  104
Religious Freedom Act of 1811  104
Government by majority  104
Dedham case cited  105
The Unitarian Ascendancy  106
Disestablishment, 1884  106

CHURCH AND STATE IN NEW ENGLAND.

CHAPTER I.
Inteodtjotoby.
A study of church and state in America may well begin
with results of the Reformation in England. Puritan,
Independent, Separatist, Pilgrim, were but the names of
those zealous English Protestants who, no longer satisfied
with the Church of Rome, stood for the reform of its doctrine
and polity. The teachings of Wycliffe, Erasmus and Colet
had prepared the way for the reform in England, and, what
ever may have been Henry VIII.'s motive for declaring his
ecclesiastical independence, there is little doubt that there
was a considerable party ready to support him in his opposi
tion to the Pope. The Defender of the Faith was far from
ready to take up the cause of Protestantism ; nevertheless, the
advocates of reform saw in the separation from Rome a point
gained for their cause. The dissolution of the monasteries
which followed gave the death-blow to the Catholic hier
archy in England and undermined the whole Catholic party ;
and, more than that, it raised up a party which not alone from
principle but from self-interest opposed every effort to re-es
tablish Catholicism. In this way again the King aided the
cause of the reformers. Henry VIIL, however, was at heart
a Catholic and he aimed to enforce a Catholicism, with himself
as Pope, upon the English people. The Statute of Six Articles
11

12 Church and State in New England. [94
passed in his reign made it a crime punishable by death to
write, preach or dispute against transubstantiation ; celibacy
of the clergy and auricular confession were insisted upon.
Aside from these and some minor points the King was not
unwilling to be more or less liberal to the Protestants. He at
one time permitted au English translation of the Bible to be
used in e\8ry parish church; but even this privilege was
abridged a few years before the King's death.
The reign of Edward VI. is marked by the effort made to
establish Protestantism. Images were removed from the
churches ; auricular confession was made optional with each
individual ; marriage was allowed to the clergy ; the sacra
ment of the altar was administered in both kinds. Hallam
tells us that the Roman worship was proscribed ; that many
persons were sent to prison for hearing mass, and that Mary
herself was not permitted to have the exercise of her religion
at home.^ Parliament made it penal for any minister to use
in any cathedral, parish or church any other than the Book
of Common Prayer. In this way uniformity of service was to
be secured. The Six Articles of Henry VIIL were repealed.
A Book of Homilies embodying the doctrines of Cranmer
was compiled and ordered to be read in the churches. The
Forty-two Articles of Religion were introduced as the stand
ard of doctrines. Subscription to these Articles was demanded
of all clergymen, church-wardens and school-masters. The
Reformation in England under Edward tended towards a
Calvinistic theology and Zwinglian ceremony. " The new
Pi'ayer-book," says Green, " was revised, and every change
made in it leaned towards the Protestantism of Geneva." ^ It
must be remembered, however, that the great body of English
people was Catholic and consequently there was no little
opposition to these reforms. It was, therefore, inexpedient for

1 Constitutional History af England, Vol. I, Chap, ll, p. 106. The refer
ences are to the Standard Edition.
"Green's Short History ofthe English People, p. 366.

95] Introductory. 13
the English reformers to go as far as those of the continent
wished them to go. Cranmer thought it wise to retain some
of the ceremonial usages. He refused to do away with the
copes and rochets of the bishops and the surplice of the priest.
On account of this and in spite of all the sweeping changes
that had been made, some of the continental reformers did not
hesitate to utter their dislike of " the backwardness of the
English Reformation." But there is no doubt that it
approached in both doctrine and ritual as near to Protestant
ism as the circumstances of the time would permit. The posi
tion taken by the English church was midway between Catho
licism and Protestantism. It satisfied neither party ; its
authority had now to be maintained by persecution of Catholic
and Protestant alike.
At the accession of Mary the realm was brought back to the
old religion. The Anti-Catholic acts passed in the reigns of
Edward and Henry were swept away. Many of the nobility
and a large part, perhaps a majority, of the people supported
Mary in the return to Catholicism. Her marriage with
Philip of Spain, however, made her unpopular ; it also " created
a prejudice against the religion which the Spanish Court so
steadily favored." ' In addition to this, her widespread and
cruel persecution of the Protestants alienated many of her sub
jects. Hallam tells us, on the authority of Strype, that many
became Protestants under Mary who, " at her coming to the
throne, had retained the contrary persuasion." ^ Persecution
drove Protestants out of the realm. Some of them took
refuge in Switzerland, others in Germany. Calvin and
Zwingli received the exiles kindly, butLuther had little sympa
thy with them. During their stay in Geneva and other parts of
Switzerland they observed the simplicity of worship so char
acteristic of the Zwinglian churches. Here they saw the
affairs of church and state administered by the people. By
a majority of votes the people chose their ministers. That
'Hallam, Vol. I, p. 115. « Const. Hist., I, 115.

14 Church and State in New England. [96
form of worship was adopted which had been agreed upon by
the voters. There was here no hierarchy with the King at
its head. Here the English exiles saw and learned democratic
government. For some of them this became the ideal church
government. The proof of this is the rise of the Independ
ents in England a few years later.
The accession of Elizabeth in 1558 brought a return to
Protestantism. Elizabeth, like Cranmer, seemed to recognize
that many ofthe English people were Catholic. She made it
her policy to avoid extremes. The position that the Church
of England had taken midway between the old and new
religions Elizabeth endeavored to maintain. She brought
back into service Edward VI.'s Prayer-book altered but little.
The Forty-two articles drawn up under Edward, revised and
reduced to thirty-nine, again became the standard of doctrine.
By the Act of Supremacy she rejected the papal authority over
the English Church but she did not assume the title of
Supreme Head of the Church, as her father had done. In doc
trine she may be said to have taken the position of a Protest
ant. In ceremony she inclined toward the Catholic. She had
a struggle with the reformers about images and particularly
the crucifix. In 1559 she yielded and ordered them to be
taken out of the churches. As to the celibacy of the clergy
she never could be brought to adopt the Protestant view ; she
never would consent to make their marriage lawful. Con
flicts with Catholics and Protestants were inevitable. Eliza
beth was firm in maintaining her ecclesiastical supremacy.
She determined to secure outward conformity to the religion
she had established. To carry out her determination persecu
ting acts against Catholic and Protestant sectaries had to be
passed. This policy of coercion was maintained by her
throughout her reign.
Elizabeth's struggle with the Catholics was no less a politi
cal than a religious one. Mary, Queen of Scots, was asserting
her claim to the English crown. The Catholics were, doubt
less, in sympathy with her, and supported and encouraged by

97] Introductory. 15
an organized band of Jesuits, they were a source of danger to
Queen Elizabeth. It is not surprising that their zeal for
Mary's cause brought upon them the suspicion of disloyalty.
But there was more than disloyalty ; there is evidence of a
plan to assassinate Elizabeth that Mary of Scotland might be
placed on the throne. There is, therefore, at least a partial
justification for the severe persecution that the Catholics
endured in this reign.
The struggle with the Protestants was more religious than
political. Those who had been exiled in the reign of Mary
now returned home from Swi'tzerland and were thoroughly
determined to set up a church with as simple a worship as they
had seen in Geneva. They believed that the vestments worn
by the clergy, if of no importance in themselves, recalled their
former superstition. From vestments to Catholicism was but
a short step. " Such eminent churchmen as Jewell, Grindall,
Sandys, Newell, were in favor of leaving off the surplice and
what were called the papish ceremonies." ' The party favor
ing these reforms was called Puritan in reproach of their
demands for a pure worship. There was in the church
another party represented by Parker and the Bishop of Ely.
Their ideas of the Reformation were like those of Elizabeth ;
in doctrine they were thoroughly Protestant, in ceremony they
inclined to the Catholic. They were not willing at a blow to
remove vestments, images and all that was dear to the hearts
of thousands of Englishmen. They wished to give as little
shock as possible to the many loyal Catholics. They aimed to
change only those forms and ceremonies which they considered
absolutely necessary to change, and to retain as much of the
old as they could. These two parties were, at first, but fac
tions of the great Protestant party. The points on which
they agreed were far more important than those upon which
they differed. Their long continued disputes on their differ
ences, however, made them forget their common principles
' Child's Church and State under the Tadors.

16 Church and State in New England. [98
and aims. These were relegated to the background, while
their wranglings about mere habits and ceremonies were
brought forward. The two factions were alienated and
became bitter political enemies.
In the year following the accession of Elizabeth the Act of
Uniformity was passed. This act brought into use the revised
Book of Common Prayer; it provided a penalty for any par
son, vicar and other minister using any but the established
liturgy ; it made attendance at the parish church on Sunday
and holidays compulsory. Both this act and the Act of
Supremacy were, at first, cautiously enforced. The consciences
of some of the Puritans would not allow conformity to the
rites of the church. The Puritan laymen held their secret
meetings. The Puritan clergymen managed to evade the laws
and to adopt ceremonies more in accordance with their tastes.
" Some clergymen continued to wear the habits, others laid
them aside. The communicants received the sacrament sit
ting, or standing, or kneeling, according to the ministers'
tastes." ' The malcontents were growing more numerous
every day. Elizabeth determined to enforce the laws more
rigorously. In 1565 an effort was made to put a stop to the
irregularities in worship. " Two of the most eminent Puri
tans were deprived of their preferments ; and thirty-seven of
the London clergymen refusing to comply with the legal cere
monies, were suspended from their ministry and threatened
with punishment of deprivation."^ The Puritans in Parlia
ment introduced Bills for abolishing various ecclesiastical rites
and ceremonies. To all these proposed reforms the Queen
stood rigidly opposed.
As the Protestant party had become divided into two fac
tions, so now one of these, the Puritan, became divided. The
larger part continued their struggle without leaving the
church. They hoped by their influence in Parliament and in

1 Hallam, Vol. I, p. 182.
* Taswell-Langmead, English Constitutional History, p. 477.

99] Introductory. 17
the Council to bring about their reforms. This part retained
the name Puritan. Geneva is said to have been at once the
strength and weakness of the Puritan ; his strength because
here he saw his ideal realized ; his weakness because it taught
him to try to get his reforms through the state.
To the other, the smaller faction, observance of a ritual
which they considered idolatrous was sin. To them the idea
of a national church was repulsive. They believed that a
church is a company of believers organized in the name of
Christ, independent of civil or other ecclesiastical organiza
tion. With such a conception of a church they claimed it to
be tj;ieir right to separate from the Church of England and to
organize for themselves. They were called Brownists after
one of their leaders, or Barrowists after another. As early as
1580 Robert Brown began to promulgate his doctrines. Any
number of Christians, themselves choosing and ordaining their
pastors, and administering all their ecclesiastical affairs, — a
body entirely independent of the civil power, — was his ideal
church. Dr. H. M. Dexter in his Congregationalism of the
Last Three Hundred Years claims that to Robert Brown is
due the proud distinction of first advocating in the English
tongue the modern doctrine of the relation of church and
state. '^ Brown deserted the Brownists but his associate, Har
rison, took his place. The little company never wanted
leaders. After Brown and Harrison came Copping and
Thacker, then Greenwood and Barry, then Johnson and
Penry. By 1692 there were said to be more than 20,000
Brownists in England. "As they went far beyond the Puri
tans in their aversion to the legal ministry, they were deemed
in consequence still more proper subjects for persecution."^
Barrow and Greenwood were indicted for spreading seditious
-writings. For six years they lay in prison where they wrote,
as they had opportunity, short statements of their views and
doctrines. These were sent to Holland to be printed and then
1 Dexter, p. 101. ' Hallam, Vol. I, p. 216.
2

18 Church and State in New England. [100'
returned to England for circulation. One of these papers
" preserved in the state records, endorsed by Jerome Studley,
one of the Separatist prisoners," has the following statements i
" The church as it is seen in this present world, consisteth of a
company and fellowship of faithful and holy people, gathered
in the name of Christ Jesus, their only King, Priest and
Prophet, worshipping Him aright, being peaceably and qui
etly governed by his officers and laws, keeping the unity of
the faith in the bond of peace and love unfeigned.
"We seek to worship and obey Christ as our only King,
Priest and Prophet : and to our prince we are humble and
obedient subjects in all things which are not repugnant to-
God's laws.
" There is no power given the prince to restrain any jot
or liberty of the Church or to withhold any one person from
doing the whole will of God in their calling, much less is there
any power given the prince to draw or compel the Church, or
any member thereof, to the least transgression or error." ^
Here the church and state were differentiated. There
seems to be little doubt that these Brownist prisoners had as
early as 1597 the modern view of the relation between church
and state.
England had no place for such views in the seventeenth
century. The most of the Brownists were put down by per
secution. One little band had organized themselves into a
church at Scrooby in Nottinghamshire. Their minister was
"Mr. Richard Clifton, a grave and reserved preacher.
Among them was that famous and worthy man, Mr. John
Robinson"^ and Mr. William Brewster. They endured per
secution until 1608 when they took refuge in Holland, which
had been for many years an asylum for religious exiles. As
early as 1593 a band of Brownists had fled from London and

^ Waddington's History of Congregationalism, Vol. II, p. 32.
'^Bradford's History of Plymouth Plantation, p. 10. Mass. HiM. Society
Col, Vol. Ill, IV Series.

101] Introductory. 19
had organized a church at Amsterdam. Later a second con
gregation who were of " sundry towns and villages, some in
Nottinghamshire, some of Lincolnshire, and some of York
shire, with their pastor, John Smith," ^ joined their brethren
in the Netherlands. Here they aimed to carry out the princi
ples ofBrownism to their full extent. Controversies with the
reformers of the continent and disputes among themselves
soon arose. There was much dissension among them when
the Pilgrims from Scrooby with their pastor, John Robinson,
arrived. Bradford says: "And when they had lived at
Amsterdam about a year, Mr. Robinson, their pastor, and
some others best discerning, seeing how Mr. John Smith and
his company were already fallen into contention with the
church that was there before them, and no means they could
use would do any good to cure the same, and also that the
flames of contention were likely to break out in the ancient
church itself; which things, they prudently foreseeing, thought
it was best to remove, before they were any way engaged with
the same. For these and some other reasons they removed to
Leyden." ^ Here " they fell to such trades and employments
as they best could ; valuing peace and their spiritual comfort
above any other riches whatever. And at length they came
to raise a competent and comfortable living but with hard and
continued labor.'" Their relations with the Dutch were
pleasant. They were readily employed because of their hon
esty and faithfulness. " The Dutch would trust them in any
reasonable matter when they wanted money." ¦* There were,
however, many objections to their making Leyden their per
manent home. After they lived there about twelve years they
began to think of emigrating to another country. The fol
lowing are the chief reasons as given by Bradford for their
removal from Holland to America. (1) "Great labor and
hard fare, with other inconveniences " ° had to be endured.
1 Bradford, p. 9. ^ Bradford, p. 17.
3 Bradford, p. 17. ¦¦ Bradford, p. 19. ^ Bradford, p. 24.

20 Church and State in New England. [102
"Some preferred and chose prisons in England rather than
liberty in Holland with those afilictions. But it was thought
that if a better and easier place of living could be had, it
would draw many and take away these discouragements."
(2) They saw " old age began to come on some of them ; and
their great and continued labors, with other crosses and sor
rows, hastened it before the time ; so as it was not only proba
bly thought, but apparently seen, that within a few years more
they were in danger to scatter by necessity pressing them, or
sink under their burdens, or both ; and, therefore, according
to the divine proverb, that ' a wise man seeth the plague when
it cometh, and hideth himself,' so they, like skillful and
beaten soldiers, were fearful either to be entrapped or sur
rounded by their enemies, so as they should neither be able to
fight nor fly ; and, therefore, thought it better to dislodge
betimes to some place of better advantage and less danger, if
any could be found." (3) They saw that their children
" were drawn away by evil examples into extravagant and
dangerous courses, getting the reins on their necks, and
departing from their parents. Some became soldiers, others
took them upon far voyages by sea, and others some worse
courses, tending to dissoluteness and the danger of their souls,
to the great grief of their parents and the dishonor of God ; so
that they saw that their posterity would be in danger to
degenerate and be corrupted." (4) " Lastly (and which was
not the least), a great hope and inward zeal they had of laying
some good foundation, or at least to make some way thereunto,
for the propagating and advancing of the Gospel of the' king
dom of Christ in these remote parts of the world ; yea, though
they should be put as stepping-stones unto others for perform
ing of so great a work." To these reasons may be added
those given by Edward Winslow in his Brief Narrative.^
They are : (1) the desire to live under the protection of
England and retain the language and name of Englishmen ;

' As given in Baird's Seligian in America, p. 99.

103] Introductory. 21
(2) their inability to give their children such an education as
they had themselves received ; (3) their grief of profanation
of tbe Sabbath in Holland.
It is thus made plain why the Separatists came to America.
Their objects seem to have been largely prudential. While
this is true we must not forget that the master motive in all
was their desire to set up their ideal church, to worship as
their consciences dictated. This explains their leaving their
native land. In Holland they enjoyed religious liberty but
their temporal prospects discouraged them. They had to seek
a new horae where they might have liberty and, at the same
time, permanent economic prosperity. Many places were con
sidered but America was decided upon. Though under Eng
lish dominion the Pilgrims hoped to enjoy to some degree
their peculiar religious worship. They even tried to get the
King's consent to freedom in America. Bradford says : ^
"And some of the chief of that company doubted not to obtain
their suit of the King for liberty in religion, and to have it
confirmed under the King's broad seal, according to their
desire. But it proved a harder piece of work than they took
it for ; for though many means were used to bring it about,
yet it could not be effected ; for there were diverse of good
worth labored with the King to obtain it (amongst whom was
one of the chief secretaries), and some others wrought with
the Archbishop to give way thereto ; but it proved all in vain.
Yet, thus farr they prevailed in sounding His Majesty's mind,
that he would connive at them and not molest them, pro
vided they carried themselves peaceably. But to allow or
tolerate them by his public authority, under his seal, they
found it would not be." The Pilgrim Fathers did not have
a great deal of confidence in this assurance of the King, but
so great was their desire to improve their condition that they
were willing to take a little risk in religious liberty. They
were willing even to take the oath of supremacy if it were
' Bradford, p. 29.

22 Church and Staie in New England. [104
required of them, and if it were not sufficient to take the oath
of allegiance. We have seen that the Separatists had differ
entiated the church and state. They had advocated the now
accepted ideas of the relation between the two. The Barrow
and Greenwood prison writings show that they held that no
power was given the prince to control, in the slightest degree,
the religion of his subject. All the more difficult does it
become to explain the following articles which were. drawn up
while the Pilgrims were negotiating with the Virginia com
pany. They were sent to enable the company to answer any
objection to their plans on the part of the Crown or the High
Church party.
"(1). To the confession of faith published in the name ofthe
Church of England, and to every article thereof, we do with
the reformed churches where we live, and also elsewhere,
assent wholly.
"(2). As we do acknowledge the doctrine of faith there
taught, so do we the fruits and effects of the same doctrine to
the begetting of saving faith in thousands in the land (con
formists and reformists as they are called), with whom also,
as with our brethren, we do desire to keep spiritual commu
nion in peace, and will practice in our parts all lawful
things. "(3). The King's Majesty we acknowledge for supreme gov
ernor in his dominion in all causes and over all persons, and
that none may decline or appeal from his authority or judg
ment in any cause whatsoever, but that in all things obedience
is due unto him, either active, if the thing commanded be not
against God's word, or passive, if it be, except pardon can be
obtained. " (4). We judge it lawful for His Majesty to appoint bishops,
civil overseers or officers in authority under him, in the several
provinces, dioceses, congregations or parishes, to oversee the
churches and govern them civilly according to the laws of the
land, unto whom they are in all things to give account, and
by them to be ordered according to godliness.

105] Introductory, 23
" (5). The authority of the present bishops in the land we do
acknowledge, so far forth as the same is indeed derived from
His Majesty unto them and as they proceed in his name, whom
we will also therein honor in all things and him in them.
" (6). We believe that no synod, class, convocation or assem
bly of ecclesiastical officers has any power or authority at all,
but as the same by the magistrate given unto thera.
"(7). Lastly, we desire to give unto all superiors due honor,
to preserve the unity of the spirit with all that fear God, to
have peace with all men what in us lieth, and wherein we
are to be instructed by any." ^
Doyle commenting on these articles says : " On the surface
they look like an unconditional acceptance of what by antici
pation one may call Erastianism. They seem to contain a
definite acknowledgment that all ecclesiastical authority must
proceed from the civil power and be responsible to it. A
careful inspection, however, shows that the more important
concessions are qualified by distinct, though cautiously
expressed, reservations. In the first article the acceptance
of the confession of faith published by the Church of England
is limited by the introduction of the reformed churches of
Holland as partners in that acceptance. So the promise of
obedience to the King's authority is modified by the condition
that the thing commanded be not against God's word, a condi
tion which might easily be so interpreted as to nullify the
general admission. Yet even if we presume the most favora
ble interpretation of these Articles, the fourth contained an
admission of the right of the State to control religion, which
seems strangely at variance with the recognized doctrines of
the Nonconformist. In truth, we must look on these seven
Articles not so much as an exposition of faith but rather as
conditions of agreement." ^

' Quoted in Doyle's Puritan Colonies, Vol. I, p. 87.
' Doyle, Puritan Colonies, Vol. I, Chap, ii, p. 38.

24 Church and State in New England. [106
There is no doubt that concessions had to be made, and with
a wide expanse of ocean between them and the High Commis
sion Court, the Pilgrims could easily consent to submit their
church to the control of the state. Were they, by doing so,
surrendering any of their fundamental doctrines ? As there
were differences of opinion on various matters among the
Brownists, the idea suggests itself that not all Separatists were
opposed to the state's control over the church ; further, they
believed in a Gongregatioyud but not in a National church.
The principle of the complete separation of church and state
may have been recognized but as one of their fundamental
principles it had not taken hold of the Pilgrims. They
thought it well to leave the state to control civilly only, and
to permit religious toleration. Should there be, however, any
occasion for state interference in ecclesiastical affairs, as for the
proper maintenance of ministers, the Pilgrim Fathers them
selves would readily consent to it as their history in America
will show. The separation of church and state was a new
principle, and though asserted by the Separatists under perse
cution in England, was not held to by them in America.
When they established themselves at Plymouth their church
had no direct connection with the state. It was free, depend
ent upon the state for nothing but protection. Further, their
experience with the Church of England and their residence in
Holland where they saw religious toleration, taught them to
pay a proper respect to those not of their creed. A liberal,
charitable policy toward those of other beliefs always prevailed
at Plymouth. But that they believed that it belonged to the
state to decide as to what religions should be tolerated is evi
dent from the resolution offered in the House of Delegates in
1645. A majority was in favor of an act "to allow and
maintain full and free toleration to all men that would pre
serve the civil peace and submit unto the government ; and
thd'e was no limitation or exception against Turk, Jew,
Papist, Arian, Socinian, Nicolaitan, Familist or any other." *
' Bancroft's History of the United States, Vol. I, p. 214.

107] f Introductory, 25
Here was an act that would have been lasting honor to
Plymouth, but the governor would not put the question and
so it failed to become a law. Not long after this, more direct
legislation concerning the church was thought to be necessary,
and in 1650 it was forbidden to set up any churches or public
meetings diverse from those already set up, without the con
sent and approbation of the government. In 1651 a penalty
of ten shillings was imposed for neglect of church attendance.^
At first, ministers were supported by voluntary contributions,
but they had a hard time of it. Some of them had to leave
their churches for lack of support. In 1655 a law was passed
that no pastor should leave his congregation for this cause
without notifying the magistrates.^ The latter were then to
use gentle means to bring about the pastor's support, and if
they failed, they should use other means. In 1657 the union
of church and state became more intimate; public worship
was maintained and taxes were levied for the support of
ministers. The following is the law :
" Whereas, the General Court taking into their serious con
sideration the great defect that either is or like to be in the
several townships in this jurisdiction for want of an able,
godly, teaching ministry and the great prejudice to the souls
of many like to ensue ; and being desirous according to our
duties that such defect should not be for want of due encourage
ment to such as either are or shall be employed in so good a
work of the Lord for his honor and the good of souls : and in
consideration that inasmuch as the several townships granted
by government was that such a company might be received as
should maintain the public worship and service of God there,
do therefore judge that the whole, both church and town, are
mutually engaged to support the same ; and therefore order and
agree that in whatsoever township there is or shall be an able
godly teaching minister which is approved by the government,

^ See Secords of Plymouth Colony, Vol. XI, p. 57.
^Secords, Vol. XI, p. 64.

26 Church and Staie in New England. [108
that then, four men be chosen by the inhabitants or, in case of
their neglect, chosen by any three or more of the magistrates
to make an equal and just "proportion upon the estates of the
inhabitants, according to their abilities to make up such a con
venient maintenance for his comfortable attendance on his
work, as shall be agreed upon by the church in each township
where any is, with the concurrence of the rest of the inhabi
tants, if it may be had, or by the magistrates aforesaid,
in case of their apparent neglect and that distress according as
in other just cases provided, be made upon such as refuse to
pay such their proportions which is justice due : but in case
there be any other way whereby any township do or shall
agree that may effect the end aforesaid, this law not to be bind
ing to them." ^ The records of the Court show that this law
was enforced. There are numerous cases of delinquents in
ministerial rates, all of whom, unless excused for good reason,
were compelled to pay. Their history, therefore, shows that,
whatever may have been the views of Robert Brown and his
immediate followers as to the relation of church and state,
those views had not been sufficiently inculcated to form a part
of the Pilgrims' creed. They placed the church under the
patronage of the state and so it continued for many years in
America. Before the Pilgrims left the Mayflower they organized a
" civil body politic." Their form of government was demo
cratic. Every freeman had a voice in the administration of
the state. By a majority of the votes the Governor and his
assistants were chosen. These constituted the Court. The
whole body of freemen was the legislative assembly ; but execu
tive and judicial business was also transacted by this body.
The second colony in Massachusetts was settled on Massa
chusetts Bay in 1629. The Puritans iu England began to
lose hope of reforming the Church of England. Many
became Non-conformists and persecution followed. Their eyes
^Secords, Vol. XI, p. 67.

109] Introductory. 27
were now turned toward the colony at Plymouth. The fish
ing station at Cape Ann had proved a failure. Rev. John
White conceived the idea of establishing there a colony of
another sort. The Separatists had found a home in the new
world, could not Non-conformists find a refuge there, too, was
asked by the Puritan minister. Several pamphlets were pub
lished, one of which, " General Considerations for Planting
New England," is credited to Mr. White. ^ In this pam
phlet the author argues for a religious colony across the sea.
The economical advantages of colonization are mentioned but '
they are given as minor rather than as leading points. America
might furnish a home for Non-conformists and at the same
time a field for the propagation of the Gospel. These were
the ideas that were in the minds of the six Dorchester gentle
men that obtained from the New England council a grant for
all the territory from the Merrimac on the north to a point
three miles south of Charles river. " These gentlemen,"
says Hubbard,^ " were brought into acquaintance with several
other religious persons of like quality," who became partners
in the colony. The company, in order to secure their lands
against conflicting claims, obtained from the King a confirma
tion of their grant. A royal charter was obtained and in 1629
the company became a body politic under the title of The Gov
ernor and .Company of the Massachusetts Bay in New Eng
land. The administration was intrusted to a governor, a
deputy and eighteen assistants who were annually elected by
the freemen or members of the corporation. The Governor
and his assistants held monthly meetings. Four times a year
they met together with all the freemen in one great General
Court. The government of the colony rested entirely with
this court ; it could make any laws provided they were not
contrary to the laws of England. The Governor, his deputy
or two assistants might administer the oaths of allegiance and
supremacy but it was not required to do so.
1 It is also credited to Mr. Winthrop. '^History of New England.

28 Church and State in New England. [110
Before the royal charter had been obtained John Endicott
was sent out by the company to take possession of the land
that had been granted. He established a colony at Salem.
In the following year another company of Puritans crossed
the Atlantic to join their brethren. In this company were the
two ministers Higginson and Skelton who afterwards became
teacher and pastor respectively of the Salem church.
When the Puritans came to Massachusetts they had very
little sympathy with the Separatists. But we noticed that the
Plymouth colony, in taking the church under the patronage of
the state, followed the European custom — a custom frorn
which the Puritans did not care to deviate. The Puritans
and Separatists were thus brought closer together. The first
step in this direction, however, was taken by the Salem col
ony. Bradford tells us that before the main body of Puritans
arrived, " scurvy and other infectious fevers had spread among
the people at Salem. Mr. Endicott understanding that there
was one at Plymouth that had skill in such diseases sent
thither for him ; at whose request he was sent unto them.
And afterwards acquaintance and christian love and corre
spondency came on betwixt the Governor and Endicott." ^
This physician, a Mr. Fuller, gave Mr. Endicott good advice
concerning the religious constitution of his settlement. The
advice was not unheeded. Before organizing their church
they consulted " with their brethren at Plymouth what steps
to take." "And the Plymoutheans to their great satisfaction
laid before them what warrant they judged that they had in
the laws of our Lord Jesus Christ, for every particular in
their Church-order." ^ The democratic system at Plymouth
was used as the pattern for the church of Salem. Mr. Pun-
chard, however, thinks that the Salem church came to adopt
the Congregational form from an independent study of the
Bible. ^ The study of the Bible and the example of the

' Bradford, p. 264. " Cotton Mather's Magnalia, Bk. I, Chap, iv, Sec. 6.
^History of Congregationalisim, Vol. IV, pp. 27-28.

Ill] Introductory. 29
Plymoutheans may fairly be said to have made the Salem
church Congregational. The Governor set apart the 20th of
July, 1629, for the choice of a pastor and teacher. In a letter
dated Salem, July 30, 1629, Charles Gott, writing to the
Plymouth governor gives an account of the organization of
the church. He says : " So Mr. Skelton was chosen pastor,
and Mr. Higginson to be teacher; and they accepting the
choice, Mr. Higginson with three or four of the gravest mem
bers of the church laid their hands on Mr. Skelton, using
prayer therewith. This being done, there was imposition of
hands on Mr. Higginson also. And since that time, Thurs
day (being, as I take it, the 6th of August), is appointed for
another day of humiliation for the choice of elders and dea
cons and ordaining of them." ^ Non-conformity in England
had become Separatism in America.
In the colonies at Plymouth and Salem we have the eccle
siastical beginnings of Massachusetts. In both, the church was
Congregational. At Plymouth not only the church but the
state was democratic. At Salem the government under Endi
cott was but temporary ; when it became permanent it was
established on a democratic basis. At Plymouth the church
was for a short time independent of the state ; in the other
colony the church and state were from the beginning inti
mately associated.

'Bradford, p. 266.

CHAPTER II.
The Civil and Ecclesiastical Beginnings op New
England.
The colonies at Plymouth and Salem laid the foundations
of the commonwealth of Massachusetts. The Old Colony,
that at Plymouth, grew by extending itself principally toward
the north. The reason for this, as Bradford tells us, was
" the inflowing of many people into the country, especially into
the Bay of Massachusetts ; by which means corn and cattle
rose to a great price, by which many were much enriched, and
commodities grew plentiful." ^ Everybody wanted to leave
Plymouth and go north to cultivate large farms and raise cat
tle. There seemed to be a fever like that of the California
gold fever in 1849. Little Plymouth was likely to be de
serted and, in fact, it " was left very thin, and in a short time
almost desolate." ^ There was objection to this scattering of
the people not only because it left Plymouth desolate but
because the church was likely to suffer. Those who had gone
to live on their farms and ranches, found it very inconvenient
to attend church at Plymouth, and soon petitioned the govern
ment for permission to organize a new church. This permis
sion was given "though very unwillingly.'" This was the
beginning of a new town ; in 1637 Duxbury was constituted
a township.* The old colony was materially weakened by the
withdrawal of many of its citizens. Measures were at once
1 Bradford, p. 302. " Bradford, p. 306.
3 Bradford, p. 803. ' Secords, Vol. I, p. 62.
30

113] Civil and Ecclesiastical Beginnings of New England. 31
taken to prevent further scattering of the people. In order to
give Plymouth citizens the advantages that the Duxbury
people enjoyed, it was decided to allot a number of farms at
Green Harbor, on condition that those who acccepted them
should continue their residence at Plymouth. The farms were
to be cared for by servants. " But alas ! this remedy proved
worse than the disease ; for within a few years those that had
thus got footing there rent themselves away, partly by force,
and partly wearing the rest with importunity and pleas of
necessity, so as they must either suffer them to go or live in
continual opposition and contention." ^ Thus was Plymouth
deserted. Its citizens were continually leaving to find more
commodious habitations. And this, Bradford thought, would
be the ruin of New England, at least, of the churches of God
there, and would provoke the Lord's displeasure again.stthem.
A third town and church were established at Scituate. In
spite ofthe efforts of the Governor and his assistants to keep
the colonists at Plymouth, they kept spreading all along the
coast and to some extent inland. The mother colony could
not prevent this extension and she began to have fear of losing
her distinction as capital of the colony. Consequently, the
following law was passed in 1 633 : " It was by full consent
agreed upon and enacted that the Chief Government be tied
to the town of Plymouth, and that the Governor for the time
being, be tied there to keep his residence and dwelling ; and
there also to hold such court as concern the whole." ^
By the year 1692 when Plymouth ceased to be independent,
there were under the government seventeen incorporated towns
and three plantations, containing 13,000 inhabitants. In all
the towns, except three, the Congregational church had been
established and provision had been made for its support.
In the same year in which the royal charter had been
granted to the Puritans, Mr. Winthrop and nine others
assumed the stock and liabilities of the company in considera-
' Bradford, p. 303. '^Records, VoL I, p. 16.

32 Church and State in New England. [114
tion of certain monopolies. The new company at once decided
to transfer the charter and the entire organization based upon
it to America. Puritan emigration became, in consequence,
very brisk in the following Spring and Summer, The first
to come were a company of about one hundred and fifty,
chiefly from Dorchester. They organized themselves into a
church before leaving England, by choosing a pastor and
teacher in a manner like that of the Separatists. John
Maverick was elected pastor, and John Warham teacher. In
America they settled in a place which they called Dorchester
after their English home. This company was followed by
about fifteen hundred Puritan emigrants, who established
themselves at Charlestown, Watertown, Roxbury and other
places. One year after Winthrop's arrival there were eight
separate settlements in existence, extending along the coast from
Salem to Dorchester, and inland as far as Watertown. By 1 640
Puritan enterprise had established eighteen plantations and
had organized twenty Congregational churches. There is no
doubt that extension would have been even more rapid were it
not "for the strong desire for Congregational unity and for
religious ministration, which, coupled with the lack of clergy,
kept this process from going yet further." ¦' Nevertheless,
Puritans from the Massachusetts colony began to fill not only
Massachusetts but Connecticut, New Hampshire and Maine,
and also Rhode Island. In nearly all the plantations or settle
ments of townships, a church was set up, and, in fact, around
the church the township was organized.
In considering the government of Massachusetts in relation
to the church, we must remember that until 1692 there were
two separate governments, and in them the relations of church
and state were not exactly similar. In connection with the
Articles of Agreement submitted to the Virginia Company,
the history, in part, of the Plymouth colony has already been
considered. The church placed first upon a voluntary basis,
'Doyle, Vol. I, p. 103.

115] Civil and Ecclesiastical Beginnings of New England. 33
was taken as early as 1657 under the patronage of the state
and maintained in many towns by a tax upon the people.
From the beginning church and state were intimately
associated in the Massachusetts Bay colony. In 1631 "to the
¦end that the body of the commons may be preserved of honest
and good men, it was (likewise) ordered and agreed that for
time to come no man shall be admitted to the freedom of this
body politic, but such as are members of some of the churches
within the limits of the same." ^
The General Court assumed that all inhabitants, whether
citizens or not, received the benefit of both state and church,
and were under obligations to support both. In 1638 the
court declared that " every inhabitant in anv town is liable to
contribute to all charges, both in church and commonwealth,
whereof he doth and may receive benefit ; and withal it is also
ordered, that every such inhabitant who shall not voluntarily
contribute proportionately to his ability, with other freemen of
the same town, to all common charges, as well for upholding
the ordinances in the churches as otherwise, shall be compelled
thereto by assessment and distress to be levied by the con
stable, or other officer of the town."^ And this is not all;
the inhabitants were required to attend upon the Lord's day
the preaching provided for them. Absence from church
rendered the offender liable to a fine of five shillings or
imprisonment.^ In 1644 there was passed the following law directed against
the Baptists: " It is ordered and agreed that if any person or
persons within this jurisdiction shall either openly condemn or
oppose the baptizing of infants, or go about secretly to seduce
others from the approbation or use thereof, or shall purposely
depart the congregation at the administration of the ordinance,
or shall deny  and shall appear to the Court willfully
and obstinately to continue therein after due time and means

^Secords of Mass., Vol. I, p. 87.
"Secords, Vol. I, p. 240. ^Secords, Vol. I, p. 140.
3

34 Church and State in New England. [116'
of conviction, every such person or persons shall be sentenced
to banishment.'
In 1648 the General Court formally approved the Cam
bridge Platform, thereby declaring it to be "the duty of the
magistrate to take care of matters of religion, and to improve
his civil authority for the observing of the duties commanded
in the first as well as in the second table." This part of the
Platform was retained in the " Confession of Faith owned and
consented to by the elders and messengers of the churches-
assembled at Boston in New England May 12, 1680."^
Every town had to be supplied with a minister, and make
provision for his support. The law of 1654 says: Forasmuch
as it highly tends to the advancement of the Gospel that the
ministry thereof be comfortably maintained, and it being the
duty of the civil power to use all lawful means -for the attain
ing of that end, and that henceforth there may be established
a settled aud encouraging maintenance of ministers in all
towns and congregations within this jurisdiction, this court
doth order that the County Court in every shire shall (upon
information given them of any defect of any congregation or
township within the shire) order and appoint what maintenanre
shall be allowed to the ministers of that place, and shall issue
out warrants to the select men to assess, and the constable of
the said town to collect the same, and distrain the said assess
ment upon such as shall refuse to pay ; and it is hereby declared
to be our intentions that an honorable allowance be made to
the ministry respecting the ability ofthe (inhabitants), and if the
towns shall find themselves burdened by the assessment of the
County Court, they may complain to this court, which shall at
all times be ready to give just relief to all meu.^
In 1658-9 the Massachusetts law against Quakers was
severe. They were banished from the colony and if found

^Secords, Vol. II, p. 85.
* Colton Mather's Magnolia, Vol. ll, Bk. V, Chap, xvii of Confession.
*Seeords of Mass., Vol. Ill, p. 354.

117] Civil and Ecclesiastical Beginnings of New England. 35
within its jurisdiction after once exiled, they were to be put to
death.' It is not necessary to state all the laws touching the
church, made by Massachusetts in her early history. Those
that have been quoted plainly show what the relations of
church and state were. And it is to be remembered that not
Plymouth but the stronger Puritan colony dominated after
the union of 1691. Plymouth had set the example for the
ecclesiastical organization, but, politically, the Puritans of
Massachusetts Bay took the lead. And not only in Massachu
setts did Puritan principles, laws and usages prevail, but
throughout the greater part of New England. Under the
Charter of 1691 every law had to have the consent of the
Governor, and then it could be disallowed by the King in
Council. "William intended by this," says Isaac Backus,
"to prevent tKeir making any more persecuting laws, and it
had that effect fifty years after when Connecticut imprisoned
men for preaching the Gospel, but Massachusetts could not do
so."^ It is true that laws were more liberal after than before
1691. In regard to religious liberty the Charter said : "And for
the greater ease and encouragement of our loving subjects
inhabiting our said province or territory of the Massachusetts
Bay, and of such as shall come to inhabit there, we do by these
presents, for us, our heirs and successors, grant, establish and
ordain, that forever hereafter there shall be a liberty of con
science allowed in the worship of God to all Christians
(except papists), inhabiting or which shall inhabit or be resi
dent within our said province or territory." However, at the
first meeting of the General Court under the Charter a law
was made compelling every town to " take due care, from
time to time, to be constantly provided of an able, orthodox,
learned minister or ministers of good conversation, to dispense
the Word of God to them ; which minister or ministers shall

^Secords, Vol. IV, Part I, pp. 349, 867.
' Church History of New Emgland, p. 126, Edition of 1839.

36 Church and State in New England. [118
be suitably encouraged and sufficiently supported and main
tained by the inhabitants of such towns.'" The courts were
empowered to punish every town that neglected to make such
provision. The selection of the minister was left to the voters
of the town. Such was the attitude of Massachusetts towards
the church. The church established by law had much to
contend with in the less favored opposing sects. Not until
after two centuries of struggle, was the State brought to adopt
the policy of religious freedom.
Long before the Pilgrims had reached Plymouth a little
colony had been planted on the shores of Maine. As early
as 1607 George Popham and Raleigh Gilbert conducted
a company of pioneers across the Atlantic and estab
lished a colony at Sagadahoc. They landed at first on an
island. On the Sunday following their arrival, religious
services were held and their minister, Mr. Seymour, delivered
a sermon. Ten days later, after having decided upon Saga
dahoc as their permanent station, they again listened to a ser
mon by their pastor. These religious services were doubtless
held according to the rites and ritual of the Church of Eng
land.^ At Sagadahoc they intended to plant a great state.
An aristocratic form of government was organized, and ordi
nances and statutes were agreed upon and made public. The
state, if it may be called such, endured but a year. The hard
ships of a New England winter in an unbroken wilderness were
more than the colonists could bear. In the following year
they returned to England to report that New England was a
cold, barren country not inhabitable by the English nation.
The early history of Maine is unlike that of the rest of
New England. We are reminded of the southern colonies.
Proprietors, whose aims are to build great states, to win
wealth and renown, hire their colonists, send them out and

' Acte and Sesolves of Province of Massachusetts Bay, Vol. I, p. 62.
' The Early History of the Protestant Episcopal Church in Maine, Maine
Historical Collections, Vol. VI, p. 176.

119] Civil and Ecclesiastical Beginnings of New England. 37
await the returns. It is interesting to read what was contem
plated in the charter granted to Gorges in 1639. The Lord
Proprietor was to be sovereign, authorized in concurrence with
the free-holders to make all laws. He was to appoint all
officers, executive, military and ministerial. He could divide
his province into cities, counties, towns, parishes and hun
dreds, and appropriate lands for public uses. " His proprie
torship," says Williamson, " was little less than an absolute
sovereignty ; he being merely subordinate to the Crown and to
the Lords Commissioners of Foreign Plantation, as a subject of
the realm." ' It was incumbent upon him, however, to adopt
the articles of faith, and forms of ecclesiastical government of
the Church of England, and to dedicate all churches in accord
ance with its ritual. How different has been the history of
Maine from what it was designed to be !
The Pilgrims came to Plymouth that they might worship
God in the simple ways of the early church. The Puritans
had left England to escape conformity. Religion was the
prevailing motive in the settlement of Massachusetts. The
early settlers of Maine had in view the fisheries, the fur trade
and other means of profit. They found no fault with the
Church of England. They were pleased to have its ministers
among them, and hoped to establish that church upon this
continent. As Massachusetts was Congregational so Maine
was Episcopal. So unlike itself was the colony or colonies
with which Massachusetts came into contact in the first half
century of its history. The southern colony was the stronger
iu character and in numbers. It absorbed its northern neigh
bor and from 1692, at least, if not from an earlier time, the
dominating element in the history of Maine is Puritan. The
Church of England may have occupied the territory first, it
may have claimed privileges under the Gorges charter, but in
spite of all, the Puritans entered the field and Old England

' Williamson, History of Maine, Vol. I, p. 275.

38 Church and State in New England. [120
Episcopacy was compelled to yield to New England Con
gregationalism. Numerous attempts had been made in Maine to establish a
strong government but all of them had failed. There were at
one time four distinct governments, but not one of them strong
enough to maintain its existence. Massachusetts had been
watching with a jealous eye these establishments, and she put
forth her claims to jurisdiction over part of the Maine terri
tory as soon as an opportunity was offered. In 1651 she had
her charter examined and it was so interpreted as to put the
land that she wanted under her dominion. Jurisdiction over
the whole territory now called Maine, was not demanded at
once. Claim was first laid to the western section, that border
ing on New Hampshire. The General Court at Boston took
up the matter and commissioners were appointed to acquaint
the Maine people with the grounds and reasons of their claim.
There was some opposition to it, but after negotiations, terms
of submission were agreed upon. These are interesting as
showing on what conditions Puritan Massachusetts was will
ing to incorporate Episcopal Maine. The towns of Kittery
and Agmenticus were the first to submit. The territory was
organized as the County of Yorkshire. The towns were to
have a standing like that of Massachusetts towns, with repre
sentation in the General Court. The inhabitants took the
oath of freemen ; they were entitled to vote and also became
eligible to any office in the government. The Agmenticus
and Kittery citizens were thus specially favored ; for they
enjoyed privileges granted only to church members in Massa
chusetts. The towns of Wells, Saco and Cape Porpoise sub
mitted to Massachusetts in 1652 and were received on
conditions similar to those of Agmenticus and Kittery. The
General Court, however, required each town to provide means
for supporting a pious minister ; for a short time after this por
tion of Maine had been organized as the County of Yorkshire,
the General Court passed the law of 1654.'
^Secords of Massachusetts, Vol. Ill, p. 354.

1 21] CivU and Ecclesiastical Beginnings of New England. 39
Massachusetts had begun to assert her jurisdiction over
Maine, and other towns gradually submitted. In 1657-8
Scarborough and Falmouth were admitted and became a part
of Yorkshire. In 1664 Massachusetts was ordered to give up
Maine in favor of the Gorges heirs. Following this, came
the royal commissioners who erected Maine into a government
of its own. In 1668 Massachusetts resumed the government
of her Maine territory and a few years later extended her
jurisdiction to Penobscot Bay. In 1674 the General Court
ordered the organization of the County of Devonshire. In
1677 Massachusetts extended her control of Maine by the
purchase from the Gorges heirs of the Province of Maine.
She assumed the Gorges Charter of 1639, and aimed to
organize a government over the Province in accordance with
the provisions ofthe Charter. Thomas Danforth was appointed
president. He was assisted by a Provincial Council of eight
members. The religion of the Church of England was con
templated by the Charter, and this Massachusetts was bound
to adopt in the province. Williamson says that the Charter
of Gorges was " neither silent nor definite upon the subject of
religion, in its letter only, paying special deference to the
Episcopal Communion ; however, the Province Rulers were
actuated by the orthodox principle prevalent in Massachu
setts." In proof of this Mr. Williamson cites an instance of
persecution of Baptists. All who had attended the Baptist
meeting were summoned before the Council and " threatened
with a fine of five shillings if they presumed again to offend
in this way.'' Their leader, a Mr. Screven, was fined ten
pounds for his past offense, and ordered to cease holding
religious exercises especially on the Sabbath. He refused to
submit to this order ; the court therefore passed sentence upon
him ; " that he in future forbear from his turbulent and con
tentious practices ; give bond for good behavior ; and stand
comraitted till the judgement of court be complied with."'
' Williamson, Vol. I, p. 570.

40 Church and State in New England. [122'
Maine did not long continue to be governed in this way
by Massachusetts. In 1684 the Massachusetts Charter was
declared forfeited, which separated the two colonies. During
the period of revolution in England the Government of
Maine was weak and disordered. In 1691 Massachusetts
attempted to resume its old government, and Mr. Danforth
was again elected President of Maine. A few months later the
Charter of William and Mary was granted, and Maine became
an integral part of Massachusetts and continued so for nearly
one hundred and thirty years. In accordance with this
Charter the province of Maine was entitled to three members
in the Council or upper house, and Sagadahoc to one. For
the lower house, representatives were elected by the corporate
towns. In the first assembly there were eight representatives
from Maine.
Maine, as a part of Massachusetts, was governed by its
Puritan laws until 1820. The Congregational church was
established and its ministers chosen by the church in concur
rence with the voters of the town. Not unfrequently ministers
of other denominations, particularly Presbyterians, were chosen.
But Congregationalism had spread through New England and
the members of that church soon controlled the majority of
votes and, in consequence, when ministers were to be chosen,
they were selected from the Congregationalists.
The motives that prevailed in the colonization of New
Hampshire were economical rather than religious. Piscataqua
was settled under the auspices of a company of Plymouth
merchants ; Dover by London merchants, Exeter by the
heretic Wheelwright and his associates ; Hampton by the
Puritans, as an assertion of their claims to land in the Mason
grant. The three former continued as independent govern
ments for several years; but, at length, feeling the incon
veniences of weak governments, sought the protection of
Massachusetts; Dover and Piscataqua in 1641, Exeter in
1643. They were then governed by the laws of Massachu
setts and, when they were incorporated, the inhabitants received

123] Civil and Ecclesiastioal Beginnings of New England. 41
citizenship without regard to their connection with any church.
During the remainder of the seventeenth century few settle
ments were made in New Hampshire, owing largely to the
numerous conflicting claims to the land. No title was secure.
It was not until the second quarter of the eighteenth cen
tury that the colonization of New Hampshire can be said to
have begun. The Mason claims were purchased by a com
pany who promised not to insist strenuously upon the old
claims. Towns were now laid out and, as in Massachusetts,
provision was at once made for the support of the gospel. It
was required of the grantees of Andover " that a meeting
house should be built within eight years after the grant and
preaching of the gospel constantly maintained." ' Provision
for religion was commonly made in New Hampshire towns.
Many towns were without ministers for years at a time, but
the fault was the scarcity of ministers and not that the state
had made no provision for their support. Massachusetts laws
governed in this as they did in other matters in New Hamp
shire. New Hampshire cannot be said to have had any laws of her
own before 1691. Doubtless the law of England was taken
as the law for the government of the colonists during the
early period. From 1641 to 1680 the law of Massachusetts
governed the people. In 1679 New Hampshire was made a
separate province by a proclamation from the Crown, and in
the following year the first New Hampshire legislature was
organized. Tbe laws made by this legislature, however, were
never enforced because they failed to receive the royal appro
bation ; nor were they ever printed. Two years later other laws
were enacted but these met with the same fate. In an article
on New Hampshire Laws preserved in the New Hampshire His
torical Collections a writer says : " The loss of these statutes is
hardly to be regretted. Where they were copied from Massa
chusetts we have the original and where they differed, they
^New Hampshire Historical Collections, Vol. I, p. 17. (Farmer and Moore.)

42 Church and State in New England. [124
were a dead letter." ' During the sway of Cranfield, Andros
and the royal governors, religious liberty was pretended and the
religion ofthe Church of England encouraged. In 1690 an
assembly was called at Portsmouth and voted to re-annex New
Hampshire to Massachusetts. This union was of short
duration; it was dissolved by the charter of 1691 and New
Hampshire again became an independent province. In
1719 a compilation ofthe laws was published. Another edi
tion was published in ] 726. From a reprint of this edition
is quoted the following laws concerning the church, passed in
1714: "Be it enacted by His Excellency, the Governor,
Council and Representatives convened in General Assembly,
and by the authority of the same, That it shall be lawful for
the freeholders of every respective town within this Province
convened in public town meeting, as often as they shall see
occasion to make choice of, and by themselves, or any other
person or persons by them appointed, to agree with a Minis
ter or Ministers for the supply of such town, and what annual
salary shall be allowed to him or them; and the Minister or
Ministers so made choice of and agreed with shall be ac
counted the settled Minister or Ministers of such town ; and
the Selectmen, for the time being, shall raake rates assess
ments upon the inhabitants of the town for the payment of
the Minister's salary, as aforesaid, in such manner and form
as they do for defraying of other town charges, which rates by
warrant from a Justice of the Peace, with the selectmen, or
major part of them, directed to the constable or constables of
the town, shall be by him or them collected and paid according
to the direction of the Selectmen, for the end aforesaid :
"Provided always, That this Act do not at all interfere with
Her Majesty's grace and favor in allowing her subjects liberty
of conscience ; nor shall any person under pretence of being of
a different persuasion be excused from paying towards the
support of the settled minister or ministers of such town afore-
' Farmer and Moore's Collections, Vol. Ill, p. 208.

125] Civil and Ecclesiastical Beginnings of New England. 43
said ; but only such as are conscientiously so and constantly
attend the public worship of God on the Lord's Day according
to their own persuasion, and they only shall be excused frora
paying towards the support of the ministry of the town."
This law remained unchanged in the edition of the laws pub
lished in 1761. It shows clearly the standing of the church
with reference to the state.
The Puritans and Pilgrims had not been long established
in Massachusetts before they were attracted by the beauty and
fertility of the Connecticut Valley. As early as 1633 the
enterprising colonists of Plymouth had established a trading-
house at Windsor. Two years later the younger Winthrop
came with a commission from the proprietors of the Connec
ticut territory and established a fort at the mouth of the
Connecticut, which he called Saybrook. The more important
settlements, however, were those begun in 1635 at Windsor,
Hartford and Wethersfield under the inspiration of Hooker,
Stone and Haynes. The main body of these settlers came
from Roxbury, Watertown, Dorchester and Cambridge, in
Massachusetts, and reached Connecticut in the Spring of 1636.
The general affairs of the new colony were guided for the flrst
year by Commissioners appointed by the General Court of
Massachusetts. At the expiration of that time, the colonists
organized the General Court of Connecticut and in 1639
adopted a constitution. An oath of allegiance to the state
was the only qualification of citizenship. Various religious
opinions were tolerated.
About the same time another Puritan colony established
itself in Connecticut, at New Haven. It was under the guid
ance of John Davenport and Theodore Eaton. In April 1638
they organized temporarily under the " plantation covenant."
In 1639, when they were ready to organize their government,
Mr. Davenport preached a sermon from the text "Wisdom
hath builded her houscj she hath hewn out her seven pillars,"
showing the propriety of appointing a government of seven
men. The church was first organized. Twelve electors were

44 Church and State in New England. [126
chosen to appoint the "seven men who, as pillars, were to
begin the new church." The seven then associated with them
selves in church membership nine others, and these sixteen
constituted the freemen of the little independent state. They
resolved " that the Word of God should be the only rule to
be attended unto in ordering the affairs of government." ' The
church members formed their civil government and elected its
officers. Seven were chosen, a governor, four deputies, a secre
tary, and a sheriff. "New Haven," says Bancroft, "made
the Bible its statute-book and the elect its freemen. As
neighboring towns were planted each constituted itself a house
of wisdom, resting on its seven pillars, and aspiring to be
illumined by the eternal light." ^ However, as the plantation
grew larger and new settlements were made, the system of
government changed and assumed a form like that of the Con
necticut or Massachusetts Bay colony.
The little military station at Saybrook was in 1644 sold to
Connecticut. New Haven and Connecticut continued inde
pendent of each other until 1662 when they were united by a
royal charter.
It is easy to anticipate what would be the policy of Puritan
Connecticut with reference to the church. The one colony,
Connecticut, had come out of Massachusetts and it aimed to
follow the mother colony in its principal features. The other,
New Haven, made church and state identical, resolving in all
things to be governed by the Word of God.
In 1644 the Commissioners of the United Colonies recom
mended that each man " be voluntarily set down what he is
willing to allow " for the support of the Gospel ; and if any
refuse to pay a meet proportion, he should be compelled to
pay. The Connecticut colony voted that the recommendation
shall " stand as an order for this jurisdiction, to be executed

' Quoted in Palfrey's History of New England, Vol. I, p. 228.
'Bancroft, Vol.1, p. 272.

127] Civil and Ecclesiastical Beginnings of New England. 45
accordingly where there shall be cause.'" This remained
the law long after the union of the Connecticut colonies.
The Charter of 1662 was silent as to religious rights or
privileges. In 1669 the Congregational church was formally approved.
The public records of this year say : This Court having
seriously considered the great divisions that rise amongst us
about matters of church government, do declare that whereas
the Congregational churches in these parts for the general
ofthe profession and practice have hitherto been approved, we
can do no less than still approve and countenance the same to
be without disturbance until better light in an orderly way
doth appear.
To the inquiries of the Committee for Trade and Planta
tions the Colony in 1680, among other things, replied :
" Our people in this Colony are, some strict Congregational
men, others more large Congregational men, and some moderate
Presbyterians ; and take the Congregational men of both sorts,
they are the greatest part of people in the Colony.
" There are four or five Seven-day men in our Colony, and
about so many more Quakers.
" Great care is taken for the instruction of the people in
the Christian religion, by ministers' catechizing of them,"
etc., "and by masters of families instructing and catechiz
ing their children and servants, being so required to do by
law." "In our Corporation are twenty-six towns, and there are
one and twenty churches in them.
" There is in every town in our Colony a settled minister,
except it be in two towns new begun, and they are seeking
out for ministers to settle amongst them.
" For the maintenance of the ministers, it is raised upon the
people by way of rate, and it is in some places £100, etc." ^

' Colonial Secords of Connecticut, Vol. I, pp. 111-112.
"Secords, Vol. Ill, pp. 299-300, 1678-1689.

46 Church and State in New England. [128
In 1717 an act " of the better ordering and regulating par
ishes or societies, and for their supporting the ministry and
schools," provided for the election of the town minister by a
majority of the voters and empowered the town to levy taxes
for his support.'
When we consider the history of Rhode Island we cannot
fail to notice to what extent it reflects the early history of the
rest of New England, particularly of Massachusetts. Dissat
isfaction with the Church of England, Non-conformity planted
Massachusetts. Dissatisfaction with the Church of Massachu
setts and, we may add. Non-conformity planted Rhode Island.
In 1631 Roger Williams landed in Massach u.setts. His
ideas and theories of church and state were not at all in
accord with those of the Puritans. He insisted upon absolute
separation of the civil and ecclesiastical organizations. With
the Puritan the two were most intimately associated. There
were other differences of opinion between him and the colo
nists. He considered it a sin worthy of repentance ever to
have been in communion with the Church of England. He
disputed the right of the King to give a patent of American
territory before it had been purchased frora the natives. A
conflict with the Massachusetts government was inevitable.
Williams served as pastor of the Salem church for a short
tirae in spite of the remonstrances of the General Court. In
October, 1635, he was called upon to answer for his teach
ings. The outcome of the trial was his banishment frora
the colony. The Court considering the season of the year,
allowed him to remain for six months. This time he employed
in gathering a congregation, although the Court had especially
forbidden his doing any work of this kind. He was ordered,
in consequence, to be seized and sent to England. Williams,
however, escaped and joined by others of like mind, in the sum
mer of 1636, organized the plantation of Providence. Other
plantations were formed in the Rhode Island territory about
^Secords, Vol. IV, p. 33, 1717-1735.

129] Civil and Ecdesiastical Beginnings of New England. 47
this time. It is not necessary to give in detail a description
of their founding. The ideas of Williams became predominant,
particularly his idea of the relation of church and state.
The need of mutual protection soon brought about a union of
the Rhode Island towns. Then their desire to have a more
perfect title to lands that they had purchased from the Indians,
led the towns to apply for a charter. In 1644 a charter
was obtained and the Colony became " the Incorporation of
Providence Plantation in Naragansett Bay in New England."
After the Restoration a second charter was obtained which
made the Rhode Island Colonies a " Body Corporate and
Politic in fact and name, by the name of the Governor and
Company of the English Colonies of Rhode Island and
Providence Plantation in New England in America." What
is most interesting in this charter is its provision for religious
liberty. In their petition for the charter the colonists had
said " it is rauch on their hearts (if they be permitted) to hold
forth a lively experiment, that a most flourishing civil State may
stand, and best be maintained, and that among our English
subjects, with a full liberty in religious concernments, and that
true piety, rightly grounded upon Gospel principles, will give
the best and greatest security to sovereignty, and will lay in
the hearts of men the strongest obligation to true loyalty." In
response to this the charter that was granted said : " that
we, willing to encourage the hopeful undertaking of our said
loyal and loving subjects, and to secure them in the free exer
cise and enjoyment of all their civil and religious rights apper
taining to them as our loving subjects, and to preserve unto
them that liberty in the true Christian faith and worship of
God which they have sought with so much travel, and with
peaceable minds and loyal subjections to our royal progenitors,
and ourselves to enjoy ; and because some of the people and in
habitants of the same colony cannot, in their private opinions,
conform to the public exercise of religion, according to the
liturgy, form and ceremonies of the Church of England, or
take or subscribe the oaths and articles made and established

48 Church and Staie in New England. [130
in that behalf; and for that the same, by reason ofthe remote
distances of these places, will, as we hope, be no breach of the
unity and uniformity established in this Nation, have therefore
thought fit, and do hereby publish, grant, ordain, and declare,
that our royal will and pleasure is, that no person within the
said colony at any time hereafter, shall be molested, punished,
disquieted or called in question, for any differences in opinion
in matters of religion, and do not actually disturb the peace of
our said colony ; but that all and every person and persons
may, from time to time, and at all times hereafter, freely and
lawfully have and enjoy, his and their own judgments and
consciences, in matters of religious concernments, throughout
the tract of land here before mentioned, they behaving them
selves peaceably and quietly, and not using this liberty to
licentiousness and profaneness, nor to the civil injury or out
ward disturbance of others, any law, statute or clause therein
contained or to be contained, usage or custom of this realm, to
the contrary hereof, in any wise notwithstanding."
Hough, in his American Constitutions, commenting on this
feature of the charter, says : "This broad and liberal grant of
liberty of opinion in matters of religious faith is among the
earliest examples of that toleration which now prevails in
every State in the American Union ; but at the time when
it was asked and obtained, it formed a striking and honor
able contrast with the custom and laws of the neighboring
colonies.'" With the exception of a few years, during the
period of royal governors for New England, this charter re
mained the fundamental law of Rhode Island until the present
century. Vermont was the last of the New England states to be
colonized. Little was known of this territory in the first half
of the eighteenth century. Grants of land had been made by
both Massachusetts and New Hampshire, and Fort Dummer
had been built by the Massachusetts government. A few
Vol. II, p. 246,

131] Civil and Eccles iastical Beginnings of New England . 49
other settlements had been made, but it was not until the
French and Indian War that the people became acquainted
with its excellent climate and fertile soil. Before the war
New Hampshire had chartered sixteen townships west of the
Connecticut, but there were few inhabitants there, amounting
in 1760 to not more than three hundred. Three years after
the war, New Hampshire had chartered one hundred and
twenty-eight townships in the Vermont territory. New York
also claimed jurisdiction over it, and during the fifteen years
following the French and Indian wars, had raade grants
for nearly two and a half million acres of its land. New
York and all New England had contributed colonists for this
territory. The question of jurisdiction was decided by the Crown in
1764. New Harapshire was restricted to the territory east of
the Connecticut. The Verraont region was placed under the
jurisdiction of New York. The latter colony now declared
the New Hampshire grants illegal and tried to compel the
grantees to repurchase their lands. The Vermont settlers
refused to do this and a controversy with New York lasting
several years began. In the war of the Revolution, Vermont
joined with the other colonies but she fought at the same time
for her own independence of New York. On the 17th of
January, 1777, she declared her independence and in the same
year drafted a constitution for her government. Efforts were
made at this time by the British to win the new republic to
their side but without success. After repeated efforts to(Jje \
be admitted into the union of the United States, she finally
succeeded, but not until 1791.
In ecclesiastical matters the Vermont towns, especially those
chartered by New Hampshire, were governed as other New
England towns. A more liberal policy was prevailing when
these townships were organized. Religious liberty had made
decided progress. Where the New York jurisdiction could
be maintained, the Church of England was specially encour
aged. But in the great majority of towns the voters estab-
4

50 Church and State in New England. [132
lished the church, the Congregational, to which they had been
accustomed before coming to Vermont. DePuy in his Ethan
Allen and the Green Mountain Heroes of 1776 tells how the
church was established in Bennington. He tells us that in 1761
Bennington was settled. A church was con.structed and paid
for, " partly by individual contributions and partly by a tax on
the proprietors of the towns.
" The Cambridge Platform was adopted except such parts
as admitted, according to the New England fashion of that
day, the aid of the civil magistrates in enforcing the support
of the ministry, and their coercive power over the church in
other matters. They called themselves Congregationalists,
others called them Separatists."'
The relation of church and state becomes clearer after the
adoption of the Constitution of 1777. The following is Arti
cle III of the Declaration of Rights in this constitution :
" That all men have a natural and unalienable right to
worship Almighty God, according to the dictates of their
own consciences and understanding, regulated by the word
of God ; and that no man ought, or of right, can be
compelled to attend any religious worship, or erect or support
any place of worship, or maintain any minister, contrary to
the dictates of his conscience ; nor can any man who professes
the Protestant religion be justly deprived or abridged of any
civil right as a citizen, on account of his religious sentiment,
or peculiar mode of religious worship, and that no authority
can, or ought to be vested in, or assumed by, any power what
soever, that shall in any case, interfere with, or in any manner
control, the rights of conscience, in the free exercise of religious
worship ; nevertheless, every sect or denomination of people
ought to observe the Sabbath, or the Lord's day, and keep up
and support, some sort of religious worship, which to them
shall seem most agreeable to the revealed will of God." ^
'DePuy, pp. 140, 141.
"Records of the Council of Safety and Govei-nor and Council of the State of
Vermont, Vol. I, p. 98.

133] Civil and Ecclesiastical Beginnings of New England. 51
No provision was made for the public maintenance of a
church until six years after the constitution was adopted. In
1783 a law was made to enable towns and parishes to erect
proper houses for public worship, and support ministers of the
Gospel. Many of the towns availed themselves of this privi
lege, and thus Vermont followed in the footsteps of her
sister states in New England.

CHAPTER III.
The Development op Religious Liberty in the
Seventeenth Centuey to 1691.
A study of the history of the great Reformation reveals
many triumphs for the cause of liberty, civil and religious.
There were to be many conflicts, many a martyr had to sacrifice
his all before civilization was enriched with the element of
individual liberty. In the midst of these conflicts America was
colonized, and for American soil was reserved the scene of the
struggle that was to end in the culminating triumph, the com
plete separation of church and state.
Early in the history of Puritan New England forces mani
fest themselves whose tendency is to bring about a more perfect
religious liberty. Those whose importance becomes consider
able in the seventeenth century down to the year 1691, will be
treated in this chapter.
During the first thirty years of her history, the chief colony,
Massachusetts, had been conducting her affairs in a manner
that was sure to raise up enemies against her. The expulsion
ofthe Browns for their adherence to the ritual of the Church
of England, the banishment of Roger Williams, justified as it
may have been by political expediency, the banishment of the
Antinomians, Wheelwright and Mrs. Hutchinson, the driving
out of those who denied infant baptism, the harsh treatment of
the Quakers, the restriction of the franchise excluding even
members of the Church of England, the aggressive measures
adopted to extend her jurisdiction over Maine and New
Hampshire, all these were acts for whose consequences the
52

135] Development of Religious Liberty in the 17th Century. 53
Puritan colony was to be held responsible. The Restoration
in the mother country brought a general complaint against
Massachusetts. The colonists were not slow to see their
danger. They had agents at work to justify their actions, to
resist all encroachment on what they called their liberties, and
to counteract the influence of the complainants. The colony
was to a good extent successful in her defence against attack.
It is not easy to say to what extent the administration of
Massachusetts was modifled by the orders of the King. But
it is certain that by the complaints of the Quakers, the King
was induced to send a letter to Governor Endicott, ordering
that further proceedings against the Quakers should be sus
pended, and that those who were languishing in prison should
be sent to England. Shattock, a Quaker who had been
scourged and banished from the colony, was charged with
bringing the letter to Massachusetts. The order of the King
was promptly obeyed, and all Quakers were released from
prison. Less than a year before this Massachusetts was con
demning Quakers to death ; now she released them from prison.
The reason for this change is not found altogether in the letter
of the King but in the change in the sentiments of the
colonists. The Puritans were not the hard-hearted, unrelent
ing persecutors that they are often represented to be. It is to
be remembered that the political life of Massachusetts for the
first thirty years was very precarious. Toleration of men of
the Roger Williams or Wheelwright types, or of the Quakers,
meant internal dissension and disunion, with all their con
sequences. For self preservation a State may adopt unusual
measures. We do not know just how far political expediency
entered into the banishment of dissenters. But from the time
when Massachusetts was compelled to adopt a severe policy,
there was a party of opposition, a party in favor of liberality
and charity.
In 1661 Christison who had been banished and threatened
with death on his return, did return, was condemned to die,
but the sentence was not carried out. The opposition to

54 Church and State in New England. [136
extreme measures was too great. The law for capital punish
ment was not at once repealed but it became inoperative from
this time. Not until later in the same year was the King's
letter received. ' " The royal edict," says Doyle, " did but
accelerate and give effect to the feeling of an influential party
in the colony. A true instinct taught Endicott that the day
had passed away for him and for those who thought with
him. The power of the priesthood was broken. Public opin
ion was being transformed, as it was transformed in the mother
country. Earnest orthodoxy was slowly learning true tolerance ;
conventional orthodoxy was lapsing into indifference." ' It is
true that toleration of the Quakers was not yet to be. The
King wrote a second letter in which he said that it was found
necessary in England to make a sharp law against them, and
that there is no objection to the colonists' doing likewise.
Massachusetts, however, did not do likewise. The year 1661
saw more liberal principles prevailing in her administration.
A more enlightened sentiment was abroad in the colony. It
began to develop in the first decade of Massachusetts' history,
in the time of the Roger Williams and Antinomian contro
versies. The punishment of Baptists made the opposition
stronger. The party in power made severe laws against this
sect but it was difficult to enforce them unsupported, as they
were, by many of the people. With the execution of the
Quakers came a reaction that placed in power the opposition
party, the party of liberality, of justice and humanity. Massa
chusetts had taken the first step towards religious freedom.
The colony, too, had grown stronger ; the speeches and actions
of one man could no longer put in jeopardy the very life of the
little state. A a more liberal policy was now possible.
The punishment of dissenters did not enter so prominently
as a factor in the development of religious liberty in the other
colonies as in Massachusetts. A liberal policy always pre
vailed at Plymouth. As early as 1645 there was a majority
' Doyle's Puritan Colonies, Vol. II, p. 114.

137] Development of Religious Lihertyinthe 17th Century. 55
in favor of " full and free toleration to all men that would
preserve the civil peace and submit unto the government."
The law against Quakers, passed in 1655, distinctly prohibited
any punishment causing injury to life or limb. As to Bap
tists, their own historian, Backus, says : " They (Baptists)
were in Plymouth colony, where they had ever enjoyed rauch
more liberty than any had in Massachusetts." ' The Ply
mouth colonists had learned toleration before they came to
America. In Connecticut the influence of Winthrop was directed in
opposition to persecution. Laws were made against Quakers ;
they were imprisoned until they could be sent out of the
colony. A toleration law was passed as early as 1669. In
this year the General Court declared " that all such persons
being also approved according to law, as orthodox and sound
in the fundamentals of Christian religion may have allowance
of their persuasion and profession in church ways or assem
blies without disturbance." ^ This law on its surface seems
fair and liberal ; but it was doubtless rigidly enforced until, at
least, the close of the century.
While we are considering the influence of a rigid policy
towards dissenters in the development of religious liberty, we
cannot pass over Rhode Island's history. Religious liberty
prevailed there from its foundation. We have in this colony
the first fruits of persecution. The colony was planted by
exiles for the cause of religion, and this fact largely explains
its liberal spirit.
The political life of Massachusetts or of any of the colonies
cannot be separated from that of the mother country. The
Restoration, as we have seen, was not without its influence in
America. In 1661 the General Court of Connecticut agreed
to send a congratulatory letter to the King " thereby declaring
and professing themselves, all the inhabitants of the Colony,

' Church History of New England, p. 94. ' Secords, Vol. II, p. 109.

56 Church and State in New England. [138
to be His Highness's lawful and faithful subjects." ' At the
same time they sought from the Crown a continuance and con
firmation of the privileges necessary to the welfare of the
colony. Later in the same year, Winthrop sailed for England
for the special purpose of obtaining a charter. He was suc
cessful, and in the following year the charter was granted. It
has an important bearing on the progress of religious liberty
because it incorporated the New Haven colonies or towns with
Connecticut. The union was not at all agreeable to New
Haven, but after negotiations lasting about two years she sub
mitted. It will be remembered that the New Haven towns
based their government on the Bible. Only church members in
good standing enjoyed the franchise. All this was done away
with and it was a step in the direction of entire religious liberty
in New England. New Haven was reluctant to abandon the
religious test for citizenship. Connecticut, however, had just
won the favor of the Crown, and she knew she would risk
losing it, if she did not insist upon a more liberal franchise. A
compromise was agreed upon ; instead of church membership,
a certificate from the deacons and selectmen that the man was
of a " religious carriage and competent estate " was all that was
required. The colonists of Rhode Island were the first to recognize
the Restoration, and declared a general holiday to celebrate it
a whole month before any of the other colonies formally
acknowledged it. In 1663 they petitioned the King for a
charter. In their petition they gave their ideas of religious
toleration, as was pointed out in the previous chapter. The
charter that they received permitted them to organize a state in
which all denominations should be on an equality. Not one
was to be specially favored by the State. The gain for Rhode
Island at this time was, therefore, that religious liberty was
placed upon a constitutional basis.

' Quoted in Palfrey's History of New Emgland, Vol. II, p. 39.

139] Development of Religious Liberty in the 17th Century. 57
Attention has before been called to the fact that at the
Restoration there was a general complaint made against Massa
chusetts. No appeal to the Crown met with greater sympathy
than that of the large number of disfranchised inhabitants.
Massachusetts began with a very narrow policy. Only church
members, as we have seen, were permitted to vote. It is not
necessary here to consider the purpose of such a law. It shows
the close union of church and state and its repeal aided in
bringing about the final dissolution of that union. Ten years
after the law was enacted the colony found it a source of em
barrassment. In 1641-3 when her jurisdiction was extended
over the New Hampshire towns, for the satisfaction of the
inhabitants there she was compelled, as was pointed out in a
previous chapter, to abandon the religious qualification for
citizenship. The property qualification only was insisted
upop. The inhabitants of Maine were admitted as citizens on
the sarae terms. The church membership qualification was
evidently too narrow for the aggressive policy of Massachu
setts in the extension of her territory. That it was not en
forced in Maine and New Hampshire, and that their inhabi
tants enjoyed privileges refused to many men of Massachusetts,
doubtless had an influence in repealing the law altogether.
Uniformity in the franchise could fairly be asked for. That
it was asked for may gathered from the subsequent history of
the colony.
About the time the New Hampshire towns were incorpor
ated the General Court formally considered the question of
conferring some of the privileges of citizenship upon those
who were not church members. No action, however, was
taken upon the question. Winthrop says that the matter was
referred to the next Court, in order that, in the meantime,
letters could " be written to other colonies to advise with them
about it." ' Two years later, in 1646, an organized effort was

^History of New England, Vol. II, p. 160.

58 Church and State in New England. [140
put forward by the disfranchised to obtain the freedom of the
colony. They first drew up a petition to Parliament " pre
tending that they, being free-born subjects of England, were
denied the liberty of subjects, both in Church and in Common
wealth, themselves and their children debarred from the seals
of the covenant, except they would submit to such a way of
entrance and church government, as their consciences could
not admit, and take such a civil oath as would not stand with
their oath of allegiance, or else they must be deprived of all
power and interest in civil affairs, etc." "And now at this
court at Boston," Winthrop continues, "a petition to the same
effect, much enlarged, was delivered in to the deputies.'"
The petitioners threatened to send their appeal to parliament
if their requests were not granted. This threat was of no
avail ; their requests were not granted but formal charges were
brought against the petitioners and as a result, they were com
pelled to pay heavy fines. There is little doubt, however, that
the agitation by those excluded from civil rights continued ;
for a iew years later the subject of Baptism brought up the
question in another form. The disfranchised now formed a
political faction, whose growing strength and power the Massa
chusetts colony was bound to respect sooner or later.
After the incorporation of the Maine and New Hampshire
inhabitants as citizens, whether church members or not, came
the adoption of the Half-way covenant to extend the franchise
beyond its narrow limits. The question involved was largely
an ecclesiastical one but it had political features of importance.
It was a question of baptism. The early Puritans were mem
bers of the church and brought their children to baptism.
By the year 1660 many of the children had becorae adults
and were themselves heads of families. Some of these were
not members of the church, as for church membership was
required evidence of regeneration. There now arose the
question whether they could bring their children to baptism.
' History of New England, Vol. II, p. 261.

141] Development of Religious Liberty in the 17th Century. 59
But this question had to be answered negatively, as that was
a privilege accorded only to church members in full standing.
There was a large party in favor of regarding all who had been
baptized in infancy, as members of the church. For five
years the question was discussed. It assumed greater import
ance because in Massachusetts church membership was a con
dition for citizenship. By the political feature of the question
its solution was largely determined, and how far it entered into
the politics will be seen from its influence upon a subsequent
election. At a synod of the clergy in 1657, the opinion pre
vailed that baptism in infancy brought with it church mem
bership. This was called a Half-way covenant as those who
came into the church by virtue of their baptism were not to
be received in full connection. The decision of the clergy was
approved by the General Court of Massachusetts in 1662,
which decided the question of citizenship for this colony. The
General Court of Connecticut sanctioned the same view two
years later but its political significance was unimportant here,
as by the union of the New Haven and Connecticut colonies
the religious qualification for citizenship was abolished.
The extension of the franchise was a reform loudly called
for. In so far as this was accomplished by the Half-way
covenant its results were beneficial. To a considerable extent,
therefore, the question of baptism became a political one. Not
all the churches were willing to adopt the covenant. The
church at Boston was divided. A majority held to the more
liberal view. At the death of the pastor of the church, the
minority won over enough votes to call the Rev. Mr. Daven
port of New Haven to the pastorate. He was an out and out
opposer of the covenant. The majority now seceded, asked
for a dismissal and permission to organize a separate church.
Their requests were not granted. A synod of clergymen
advised them to go ahead with their plans. The Governor,
a sympathizer with Davenport, exerted a strong influence in
his behalf. At the subsequent meeting of the General Court,
a committee was appointed by the deputies to inquire into the

60 Church and State in New- England. [142
causes of God's displeasure with the colony. In its report
the committee censured the seceders of the Boston church.
The question became an issue at the next election. Only
twenty of the fifty deputies were re-elected to the new House.
The Court at its first meeting took up the Boston church
question, reversed the decision of the previous house, and
declared "that they know no just cause of those scandalizing
reflections against the magistrates, elders and churches, either in
reference to the new church of Boston or otherwise." ' " The
victory," says Mr. Doyle,^ " of the seceders, for so we may
call it, is a turning point in the ecclesiastical, and therefore in
the political, history of New England. It was none the less
a gain to the cause of freedom, because, like most such victories,
it was won by men who were consciously fighting only for their
own privileges."
The restricted franchise was attacked by the excluded at
home, and, after the Restoration the King insisted upon
reforming this feature of the colony's policy. In 1662 the
advisers of Charles II. wrote to the colonists that it was desired
" that all freeholders of competent estates, not vicious in con
versation and orthodox in religion (though of different persua
sion in church government) may have their votes in the election
of all officers, civil and military." Massachusetts was not yet
ready to yield. In 1664 the Commissioners for New England
were appointed and one of their chief duties was to remove the
restriction from the franchise and secure greater freedom in
matters of religion. Doyle declares that " from every point
of view the Commission was a hopeless failure."^ It certainly
failed in its effort to bring about the repeal of the law making
church membership a condition of citizenship. At the first
General Court after the arrival of the Commissioners a substi
tute law was passed, but so exacting were its conditions that

' Massachusetts Secords, Vol. IV, Part li, p. 493.
* Puritan Colonies, Vol. II, p. 194.
' Doyle, Puritan Colonies, Vol. If, p. 142.

143] Development of Religious Liberty in the 17th Century. 6 1
the change from the old to the new law amounted to little or
nothing. The records of the time say: "In answer to that
part of His Majesty's letter of June 28, 1662, concerning
admission of freemen, this Court doth declare, that the law
prohibiting all persons except members of churches, and that
also for allowance of them in any county courts, are hereby
repealed ; and do hereby also order and enact that from hence
forth all Englishmen presenting a certificate under the hands
of the ministers or minister of the place where they dwell,
that they are orthodox in religion and not vicious in their lives,
and also a certificate under the hands of the selectmen of the
place, or of the major part of them, that they are freeholders
and are for their own proper estates (without heads of persons)
rateable to the country in a single country rate, after the usual
manner of valuation, in the place where they live, to the full
value of ten shillings, or that they are in full communion with
some church amongst us, it shall be the liberty of all and every
such person or persons, being twenty-four years of age, house
holders and settled inhabitants in this jurisdiction, from time
to time, to present themselves and their desires to this Court
for their admittance to the freedom of the Commonwealth, and
shall be allowed the privilege to have such their desire pro
pounded and put to vote in the General Court for acceptance
to the freedom of the body politic by the suffrage of the major
part, according to the rules of our patent." '
A certificate from the minister that the candidate for citi
zenship was orthodox in religion and not vicious in life, and
a certificate from the selectmen that he was otherwise qualified,
had to be presented to the General Court. His application
was then considered and his admission decided by a vote of the
Court. The law was doubtless rigidly enforced; for King
Charles, in his subsequent letters to Massachusetts, assumes
that no change whatever had been made in the law.

' Secords, Vol. IV, Part ll, pp. 117-118.

62 Church and State in New England. [144
The commissioners were appointed to secure liberty in
religion in Massachusetts. In this they also failed; for,
after their departure, affairs continued in their usual course
several years longer. There is, of course, not the severity that
characterized Massachusetts' early history ; but the opposition
to dissenters is still strongly felt. In 1668 a congregation of
Baptists established themselves on Noddle Island, in Boston
harbor. The magistrates tried to get rid of them, first by
winning them over in public discussion. In this they were
not successful. Three of the Baptists were then sentenced to
banishment, and threatened with imprisonment should they
return. The authorities, however, were advised not to enforce
the sentence. The sentiment of the colony would not support
it. The dissenters were not banished; they gathered their
church on the Island, and were not molested. Five years
later one of their number wrote : "The church of the bap
tized do peaceably enjoy their liberty.'" Even in Plymouth
colony there remained some opposition to dissenters. As early
as 1663 the Baptists in Rohoboth "solemnly covenanted to
gether as a Church of Christ." ^ Complaint was made against
them because there was a Congregational church there; in
consequence a small fine was imposed upon them. Four years
later, however, the town of Swansea was granted to them by
the Court itself. A Baptist church was organized, and it
flourished there for many years.
In 1665 the Commissioners in their report said of Connec
ticut that it would not " hinder any from enjoying the Sacra
ments and using the Common Prayer Book, provided they
hinder not the maintenance of the public minister." ' This
tolerant spirit in the colony developed sufficiently by 1669 to
enact the Toleration law, already quoted. Dissenters, how
ever, had to be " approved, according to law, as orthodox and
sound in the fundamentals of Christian religion," in order to

'Quoted in Palfrey, Vol. II, p. 104. » Backus, p. 94.
'See Beardsley's History of Church in Connecticut, Vol. I, p. 16.

145] Development of Religious Liberty in the 17th Century. 63
have "allowance of their persuasion and profession in
church ways." Just how much liberty was enjoyed under this
law it is difficult to say. " Orthodox and sound," according to
Puritan ideas, did not apply to raany. Dr. Beardsley, in his
History of the Episcopal Church in Connecticut, says : ' " For
there was no letting up of the Puritan rigor, no relaxation of
the rule that none should have liberty to worship God pub
licly except after the order of religion established by the civil
government, until 1708."
The Royal Commissioners of 1664-5 had accomplished
nothing. Ten years later the mother country again undertook
to call the colonies, particularly Massachusetts, to account.
In the dispute with the colony, which began in 1675, and
resulted in vacating the charter in 1684, an important subject
of contention was that bearing on religious liberty. While
the Massachusetts agents, Stoughton and Bulkeley, were in
England to bring about a reconciliation, the Baptists stealthily
built a church in Boston. It was not known to be a church
until the Baptists met for services. Later the General Court
voted to take the house away from them if they continued to
worship there. The Baptists lost no time to report the matter
in England. When the colony's agents returned in 1679,
they brought with them a letter in which the King said :
" We shall henceforth expect that there shall be suitable obe
dience in respect of freedom and liberty of conscience, so as
those that desire to serve God in the way of the Church of
England, be not thereby made obnoxious or discountenanced
from sharing in the government, much less that any other of
our good subjects (not being Papists) who do not agree in the
Congregational way, be by law subjected to fines or forfeitures,
or other incapacities, for the same; which is a severity the
more to be wondered at, whereas liberty of conscience was
made one principal motive for your first transportation unto
those parts." ^ In spite of this letter, by order of the Court,
' Vol. I, p. 16. " Backus, p. 121.

64 Church and State in Neio England. [146
the Baptist church doors were nailed and the congregation
forbidden to meet there. The church was afterward opened in
some way, and the Baptists again held services. They were
summoned before the Court, where they argued that the
church had been built before the law was enacted ; and, fur
ther, that the letter of the King was in their favor. The
Court forgave their past conduct, but forbade future meetings
of Baptists in the church. Doubtless, the controversy with
the King and his recent letter had considerable influence upon
the Court in its mild treatment of these dissenters.
In the following year the General Court taking into con
sideration the King's objections to their laws voted to repeal
the law " for punishing with death Quakers returned from
banishment." ' At the same time the law against heresy was
amended. In 1682 the agents sent to England in response to
the King's demands, were specially instructed to inform the
King that there was now no law prohibiting any members of
the Church of England from civil privileges, and that the laws
against " violent and impetuous intrusions of the Quakers had
been repealed ; " Anabaptists were " subject to no other penal
statutes than those of the Congregational way ; " ^ the church
membership qualification for citizenship, too, was abolished.
All this shows that the religious exelusiveness of Massachusetts
was a chief cause of complaint against her. In 1684 her
charter was declared forfeited. Under the Royal governors
until the Revolution, religious liberty made no progress in
New England. The government was changed after the acces
sion of William and Mary. Connecticut and Rhode Island
resumed their governments under their old charters. Massa
chusetts received a new one and organized its government on
the new basis in 1692. Plymouth and Maine were associated
with Massachusetts. New Hampshire was made a royal
province. The new charter for Massachusetts distinctly pro
vided for liberty of conscience to all, except papists, as was
' Palfrey, Vol. II, p. 239. "Palfrey, Vol. II, p. 242.

147] Development of Religious Liberty in the 17th Century. 65
seen in the previous chapter. The year 1 692 marks the begin
ning of a new era for Massachusetts. The colony, however,
was yet far from religious freedom. All citizens were com
pelled to support the Congregational church ; but progress had
been made, and the day when dissenters should be exempted
from taxes for the state church was not far distant.
We have noticed three forces tending to promote religious
liberty in the seventeenth century. (1). Persecution of dis
senters, in the early history ofthe colonies, met with opposition
and developed a spirit of toleration, which made its influence
felt in Rhode Island frora the foundation, in Massachusetts
from 1661, and in Connecticut, though not to any great extent
here, from the year 1669. (2). The extension of the franchise,
in Connecticut by the Charter of 1662, in Massachusetts by the
incorporation of Maine and New Hampshire towns, and by the
Half-way covenant, gave the privileges of citizenship to many
not enthusiastic for, and perhaps, not at all in sympathy with,
the church established by law. In consequence, a new element,
in opposition to narrowness and in favor of liberality of policy,
appears to foster a healthier public opinion. (3). The con
troversies of Massachusetts with the Crown forced that colony
to amend or repeal laws restricting freedom in matters of
religion.

CHAPTER IV.
Development op Religious Liberty in the
Eighteenth Century to 1787.
The Charter of 1691 marks an epoch in the history of
Massachusetts. The long struggle that arose because of the
association of church membership with the franchise was
ended. The religious test for citizenship did not endure until
the coming in of the eighteenth century. A great change had
come over New England. Church and state were far differ
ent from what they were in the time of Governor Bradford.
In some respects there is a marked advance ; in others, retro
gression. The population of New England in 1700 was about 106,000.
Of these, 70,000 were under the jurisdiction of Massachu
setts ; Connecticut had 25,000 ; New Hampshire, 5,000, and
Rhode Island 6,000.' They were nearly all descendants of
the Puritan emigrants, whose prime motive of leaving their
native land for America, was to enjoy freedom of worship.
Religion was not the all-absorbing topic with the first gene
ration of the eighteenth century, as it had been with their
grandfathers. Religion was for a time in the background,
while agriculture and commerce came into prominence. From
an economic point of view New England was prospering.
Large incomes were derived from the fisheries. Trade with
the West Indies was brisk. Ship-building was carried on, on
so large a scale, that English builders complained of American
' Thwaite's Colonies, p. 181.
66

149] Devehpmentof Religious Liberty in the 18th Century. 67
competition. Domestic industries were occupied with lumber
supplies, the manufacture of rum, linen, and woolen goods.
This large industrial and commercial life was not without its
influence upon politics. It tended to weaken the domination
of religion in government ; also, to develop broader and more
enlightened ideas. As early as 1632 the prospect of commer
cial prosperity began to detract from the religious zeal of the
colonists. In this year the Rev. John White, of Dorchester,
complains of " profit being the chief aim and not the propa
gation of religion." ' An incident illustrative of this point,
is given in Mather's Magnalia. He says that at Marblehead
a minister was exhorting the people to seek first the Kingdom
of God, and all things would be added unto them. To this,
one of the fishermen replied : " You think you are preaching
to the people at the Bay. Our main end was to catch fish."^
Thus was New England changing ; but the change was not
unrecognized by the more pious Puritans of this period. In
1679 a synod of the clergy and laity was called to con,sider
matters bearing upon the reformation of the churches. One
ofthe principal questions debated and formally answered was :
" What are the evils that have provoked the Lord to bring
His judgments on New England?" The answer is given in
extenso in Cotton Mather's Magnalia. It mentions among the
causes of God's displeasure, a great and visible decay of the
power of godliness amongst many professors, profanity by
oaths and imprecation in ordinary discourse, Sabbath-break
ing, decline in family worship, intemperance, want of truth
amongst men, etc. The desire for economic prosperity and
riches is given as one of the leading causes. On this point
the synod's answer says : There hath been in many professors
an insatiable desire after land and worldly accommodations ;
yea, so as to forsake churches and ordinances, and to live like

' Quoted in Weeden's Economic and Social History of New England, Vol. I,
p. 125.
' Weeden, Vol. I, p. 135.

68 Church and State in New England. [150
heathen, only that so they might have elbow-room enough in
the world. Farms and merchandisings have been preferred
before the things of God. In this respect the interest of New
England seemeth to be changed. We differ from other out
goings of our nation, in that it was not any worldly consider
ations that brought our fathers into this wilderness, but
religion, even that so they might build a sanctuary unto the
Lord's name ; whereas, now religion is made subservient unto
worldly interests.'
Commercial prosperity modified the politics of New Eng
land not only by withdrawing attention from religion, which
had in the earlier period been their chief concern, but by
educating the people to greater sympathy with their fellows.
The old Puritan test, " orthodox and sound " with a Puritan
construction upon it, was made to vanish by the culture of an
extensive commercial life. This fact, too, was recognized
by some of the Puritans, though, perhaps, not appreciated.
•Johnson, in his Wonder- Working Providence, after speaking
boastingly of the flourishing trade of the colonists in 1650,
laments its influence upon the minds of the people. He says
that many of the business men " would willingly have the
Commonwealth tolerate divers kinds of sinful opinions, to
entice men to come and sit down with us, that their purses
might be filled with coin, the civil Government with conten
tion, and the Church of our Lord Christ with errors." ^ Such
was the effect of economic prosperity in New England. It,
doubtless, aided materially in bringing about a greater degree
of religious liberty, the progress of which, in this period, will
be considered later.
In consequence of the growth of the colonies, there are
other forces set in motion, which aid the progress of religious
freedom, withdrawing religion, more and more, from the control
of the civil power. Among the first acts of the General Court

' Cotton Mather's Magnalia, Vol. II, Book V, Sec. 4.
"Weeden, Vol. I, p. 155.

151] Development of Religious Liberty in the 18th Century. 69
of Massachusetts under the charter, as we have seen, was that
requiring every town to have and support an orthodox minister.
The power of choosing the minister was, at first, put into the
hands of the voters of the town. It was pointed out in a pre
vious chapter, also, that the religious element was prominent
in laying out the first New England towns. The town
centered about the church. Ability to maintain a church and
support a minister, made a community worthy of municipal
privileges. In many cases the church was the town. There
was no chance for friction between the two. Ecclesiastical
and civil affairs were regulated by the same voters. This
system served its purpose well in the early history of New
England. The town voters were Puritans; they formed a
church, Congregational in government, Calvinistic in doctrine.
Under the Charter of 1691 the Plymouth colony towns
came under the jurisdiction of Massachusetts. Among these
was the town of Swansea. Here the Baptists were in the
majority. As early as 1667 the Plymouth Court allowed the
Baptists to establish themselves at this place. Their church
government was congregational. They chose their pastor and
probably supported hira by voluntary contributions, which was
allowed under the law of 1657. "When they were under
the governraent of Plymouth Colony," says Backus, " their
ministers were treated as regular ministers." ' Here was a
town regularly and deliberately selecting aud supporting a
pastor who, in the eyes of the Puritans, was little better than
a heretic ; and it was all done legally. Massachusetts did not
like it; she opposed it, and in 1693 tried to force a Congrega
tional minister upon Swansea. The attempt was not success
ful ; in the same year a second Baptist church was organized
in the town. This was an invasion of the privileges of the
Standing Order ; but such invasions were not only possible but
probable under the town church system. Swansea was an
index of what was in store for the state church. Could
' Backus, New England Church History, p. 127.

70 Church and State in New England. [152
the good Puritans have looked forward about a century and
a half, they would have found many more towns like Swansea
introducing ministers of a creed different from that of the
Congregational. The first church of old Plymouth itself was
one day to elect a pastor, of a denomination, with which Elder
Brewster aud his congregation would not fellowship. Such
were the possibilities under the town-church system based as it
was upon popular suffrage.
In 1719 a second attempt was made to force a Congrega
tional minister upon Swansea. There were at this time two
Baptist churches there and three ministers, "and no other
religious society therein." ' The attempt was not successful.
Swansea remained Baptist, and continued a standing menace
to the old state church.
Church and toM'ii stood together without embarrassment as
long as all, or nearly all, of the inhabitants of the town made
up the congregation of the church. Towns, however, grew
rapidly, and it was not long before many of them were large
enough to maintain two churches. In some cases two churches
were very desirable for convenience and other reasons. Ex
ceptions now had to be made to the law associating the town
and church. Boston was made one of the exceptions in 1693.
By 1700 there were four Congregational churches there. The
church was practically divorced from the town. The church
members in full standing chose the pastor, and the entire con
gregation contributed towards his support. The town-church
system was broken by the Congregationalists themselves.
There was now chance for other churches to build up in Bos
ton. The Baptists improved the opportunity, and before
1720 they had two churches there. Nor was the feeling
between them and the Congregational churches any more
bitter than it often was between two Congregational churches.
The Half-way covenant divided the First Church. The sece
ders organized the Third. There is evidence that the First
' Backus, p. 139.

153] Development of Religious Liberty in the 18th Century. 71
Church pastor was better disposed to the Baptists than to his
brethren of the Third. Churches were now as ready to wel
come dissenters as to fellowship with some congregations of
their own denominations. That this prepared the way to a
better treatment of those of other denominations, there can
be little doubt.
In Connecticut the town of Windsor was divided over the
selection of a minister. The minority party was allowed by
the General Court to organize a church and levy taxes for its
support. In 1669 the church of Hartford was divided by the Half
way covenant. The party for the strict Congregational way,
led by Mr. Whiting, asked the General Court for permission
to organize a church. Under a law passed in the same year,
as we have seen, any body of persons sound and orthodox in
the fundamentals of religion were to be allowed to unite in
church fellowship. Mr. Whiting received the permission and
organized the second church of Hartford. The next step was
to obtain perraission for those who attended the church to pay
their taxes for its support. This, too, was granted. So early
were steps taken in Connecticut toward allowing its citizens to
support the church of their choice.
In the first quarter of the eighteenth century the breaks
between town and church became more numerous. Questions
of church government, doctrine, matters of convenience divided
churches. The church of Andover was divided over a ques
tion concerning the location of a new church edifice.' The
dispute between the two factions continued for several years.
The General Court decided it by dividing the town into two
precincts or parishes. Each supported a minister by levying
taxes. The town of Gloucester was divided in a similar
manner for the purpose of sustaining two churches. In order
to comprehend how general was the breaking up of the old
town-church system, turn to the index of Volume VII of
' See S. L. Bailey's Historical Sketches of Andover, pp. 427-429.

72 Church and Staie in New Englam.d. [154
the Records of Connecticut. Under the item Ecclesiastical
Affairs, three-fourths of the references are to divisions of
towns into two or more parishes, because of the need of addi
tional churches.
The General Court would not consent to make these
divisions unless a strong case was presented. Many petitions
for permission to build a second church were denied. In
1712 the people of Newbury, Massachusetts, decided to move
their meeting house two miles further westward. Those who
were at the time living near the old church opposed the plan.
They were, however, compelled to submit to the wish of the
majority. The minority now petitioned the General Court for
permission to organize a second church in the vicinity of the
old one. Their petition was denied. They were, therefore,
obliged to attend and support the town church. There
was, however, a way out of the difficulty. The dissatisfied
minority became members of the Church of England, and
under the law of 1708 organized an Episcopal church. As
Episcopalians they were compelled to support the church
established by law. But exemption laws were not far distant.
Fifteen years after the Newbury Episcopal church was organ
ized, all Episcopalians were exempted from contributing to
the support of the state church. The break between church
and toM'n in Newbury as in many other towns was now com
plete. This gave opportunity to bring in all denominations
on a nearly equal footing.
In addition to these petitions from parts of a town, there
were often applications from individuals requesting privilege
to attend the church of their favorite minister and contribute
their taxes to his support. These requests, too, were often
granted. Thus the Congregationalists themselves found their
laws unsatisfactory. They petitioned for relief. They were
continually requesting the General Court for permission to
attend and support the church of their choice. Is it a wonder,
then, that the Baptists and Episcopalians follow their example?
The way was open. As soon as dissenters were able to .bring

155] Development of Religious Liberty in the 18th Century. 73
sufficient pressure to bear upon the General Court, the same
privileges would be granted to them.
The colonization of New England was not to be left entirely
to the Puritan Congregationalists. Baptists, Quakers and
Episcopalians were early upon the territory aud were not to be
rooted out by hostile legislation. They continued to increase
because of persecution and in spite of it. Their numbers,
however, were not so large that they could command the in
dulgence of an unfriendly state church. But at a time when
that church had lost much of its religion, wheu its character
was weakened, when commerce and trade were enlarging men's
intellectual horizon, when the old system had begun to break
up, at such a time the dissenters, with strong men as leaders,
were able to win a few favors.
By the year 1700 there were nine Baptist churches in New
England.' One century later this little band of Baptists had
grown to three hundred and twelve churches and twenty-three
thousand six hundred members. They were comparatively
few but their vigorous blows struck at the state church, made
them a power for religious liberty.
The Episcopalians were for a long time unable to get a foot
hold in New England. During the time of Andros, efforts
had been made to impose the church by force upon the people.
This did not succeed. A few individuals in Western Connecti
cut, still fewer in Massachusetts were strengthened in the faith,
and kept it alive during the latter part of the seventeenth
century. It was not until the organization of the Society for
the Propagation of the Gospel in 1701, that the Episcopal
church took root and became firmly established in JNew
England. Under the auspices of this society missionaries
were sent to America, and wherever a little band of Episco
palians could be gathered, there a minister would go to baptize
and encourage the people to hold fast and hope for better things.
Here and there, there were enough Episcopalians to petition
'Backus, p. 237,

74 Church and State in New England. [156
the society to send over a minister. " The want of a minister
is the greatest of our afflictions," wrote the Episcopalians of
Stratford in 1711 to Queen Anne.' By 1708 Connecticut had
passed her Toleration Act, granting liberty of conscience to all
dissenters. By 1722 a society was firmly established and pro
vision made for employing a regular pastor. In 1724 the first
Episcopal church edifice in Connecticut was built .^
In the eighteenth century Quakers, Baptists, Episcopalians
were no longer regarded as social outlaws as in former years.
Their cause had been dignified by the men of high character
among their number. Dtinster, a Baptist, was for some time
President of Harvard College. Rector Cutler of Yale College
had identified himself with the Episcopalians. A Quaker had
several times been governor of Rhode Island.
What shows the changed sentiment towards dissenters, par
ticularly the Baptists, is the ordination at Boston in 1717.
Dr. Mather, his son and Mr. John Webb were invited to
assist in the ordination of Mr. Ellis Callender as pastor of the
Baptist church in Boston.' In his account of this ordination
Mr. Backus says : " Dr. Increase Mather wrote a preface to the
ordination sermon, in which he said, ' It was a grateful sur
prise to me when several brethren of the Antipaedobaptist
persuasion came to me, desiring that I would give them the
right hand of fellowship in ordaining one whom they had
chosen to be their pastor.' Dr. Cotton Mather preached the
ordination sermon, in which he spake much against cruelties
which had often been exercised against dissenters from the
ruling powers, both in this and other countries, and then said,
' If the brethren in whose house we are now convened, met
with anything too unbrotherly, they with satisfaction hear us
expressing our dislike of everything that looked like persecu
tion in the days that have passed over us.' "

'Beardsley's History ofthe Episcopal Church in Connecticut, Vol. I, p. 26.
" Beardsley, Vol, I. p. 52.
' Backus, New England Church History, p. 187.

1 57] Development of Religious Liberty in the 18th Century. 75
The crowning triumph of the dissenters was the victory at
Yale College in 1722, when Rector Cutler and several of his
associates becoming convinced " of the invalidity of the Presby
terian ordination, in opposition to the Episcopal," resigned
their positions to take up work in the interests of the Episcopal
church. It gave prestige to the Episcopalians and humiliated
the Congregationalists. In a letter to Cotton Mather, Joseph
Webb, of Fairfield, said of this event : " They are, the most
of thera, reputed men of considerable learning, and all of
them of a virtuous and blameless conversation. I appre
hend the axe is hereby laid to the root of our civil and sacred
enjoyments, and a doleful gap opened for trouble and confusion
in our churches. The churchmen among us are wonderfully
encouraged and lifted up by the appearance of these gentlemen
on their side ; and how many more will, by their example, be
encouraged to go off from us to them, God only knows. It is
a very dark day with us ; and we need pity, prayers, and
counsel."' President Woolsey said of the same event, "I
suppose that greater alarm would scarcely be awakened now,
if the theological faculty of the college were to declare for the
Church of Rome, avow their belief in Transubstantiation, and
pray to the Virgin Mary." ^
The minor sects were just beginning to manifest their
strength early in the eighteenth century. They grew rapidly,
and at the close of the century their opposition is the strongest
force operating against the Standing Order in behalf of religious
liberty. The condition of religion in New England at the beginning
ofthe eighteenth century favored the development of freedom.
The pioneer Puritans were fresh from the struggles of the great
Reformation in Europe. Provisions for religion were the im
portant features of their legislation. It was asked, in all
seriousness, of the candidate for citizenship, is he orthodox
and sound in the fundamentals of Christian religion. That
> Beardsley, Vol. I, p. 39. ^ Beardsley, Vol. I, p. 29.

76 Church and State in New England. [158
question is not asked in the eighteenth century; and when
asked of candidates for church membership, it is a mere form.
The state church had become degenerate. It was brought
about largely by the Half-way covenant.
One of the chief arguments advanced by the opposers of the
Half-way covenant, was that its adoption would bring into the
church a large number of unregenerate persons; that the
moral standing of the members would be lowered and the
church would be secularized. Exactly such were its results.
Those who had been baptized in infancy, and were not " scan
dalous in life," could come into the church by owning the
covenant. Church membership became very common. It was
difficult to say just what was meant "by scandalous in life."
Some ministers put a very liberal construction upon the words.
The line of demarcation between the worthy and unworthy
was very indistinct. It was not long before there were found
among church members some whose moral character was
questionable, and others who were known to be guilty of serious
crimes. The Half-way covenant was a compromise on the part of
the church. It was intended to bring the people into the
church though not in full communion. It was designed to be
merely the initial step to church membership. But one com
promise prepared the way for another and deviations from the
original intent of the covenant became common. For a few
years the distinction between the members in full communion
and those in the Half-way relation was kept up. The former
only were permitted the privileges of the communion table.
In the beginning of the eighteenth century, however, Stoddard
began to preach the doctrine that the communion table was a
means of regeneration, and that the unregenerate were specially
invited to come to it. This doctrine spread through New
England. It practically gave full membership to all who had
come in, in the Half-way relation, and thus secularized the
church. Its history is briefly summed up by the Rev. Isaac
Backus, in the following words : " The first fathers of New

159] Development of Religious Liberty in the 18th Century. 77
England held, that each believer stands in the same relation to
his children as Abraham did to his in the covenant of circum
cision ; and therefore that each believer had a right to bring
his children to baptism, which no others had. But forty years
after, a door was opened for those who had been baptized in
infancy, and were not scandalous, to bring their infants to
baptism, though none were to come to the ordinance of the
supper without a profession of saving grace. Yet in forty
years more, an open plea was published, before described, for
all baptized persons who were not openly scandalous, to come
to the Lord's supper, as well as to bring their children to bap
tism. And in a third forty years, these things had turned the
world into the church, and the church into the world, in such
a manner as to leave very little difference between them." '
The religion ofthe old Puritan church had declined. The
Half-way covenant was not the whole cause of it. The
tendency of state churchism from the beginning had been
towards secularization. Massachusetts and New Haven put
a distinct premium on church membership. Can it be doubted
that men were drawn into the church for the purpose of get
ting civil privileges? The Half-way covenant, too, was
hailed for the political advantages it would bring. The door
of the church was opened wide. A throng pushed in ; no
selection was made or could be made. The town was formerly
merged in the church, now the church was merged in the
town. The condition of religion in New England at the beginning
of the eighteenth century may be gathered from the writings
of that day. In the election sermon at Boston, May 1 6, 1683,
the Rev. Samuel Torry, of Weymouth, said : " There is
already a great death upon religion, little more left than a
name to live ; the things which remain are ready to die, and
we are in great danger of dying together with it. This is
one of the most awakening and humbling considerations of
' Backus, New Ekgland Church History, p. 150.

78 Church and State in New England. [160
our present state and condition. Oh ! the many deadly
symptoms of death that are upon our religion ! Consider
we, then, how much it is dying respecting the very being of
it, by the general failure of the work of conversion; whereby
only it is that religion is propagated, continued aud upheld,
in being among any people. As conversion work doth cease,
so religion doth die away ; though more insensibly, yet most
irrecoverably." ' In 1697 Dr. Increase Mather wrote : " Dr.
Owen has evinced, that the letting go this principle, that par
ticular churches ought to consist of regenerate persons, brought
in the great apostasy of the Christian church. The way to
prevent the like apostasy in these churches is to require an
account of those who offer themselves to communion therein
concerning the work of God on their souls, as well as con
cerning their knowledge and belief." ^ Three years later he
wrote : " If the begun apostasy should proceed as fast the
next thirty years, as it has done these last, surely it will come
to that in New England, (except the Gospel itself depart with
the order of it), that the most conscientious people therein
will think themselves concerned to gather churches out of
churches." Mr. Backus quotes the following from a book
published in 1700 by Mr. Willard : " It hath been a frequent
observation, that if one generation begins to decline, the next
that follows usually grows worse, and so on, until God pours
out His spirit again upon them. The decays which we
already languish under are sad ; and whqt tokens are on our
children, that it is like to be better hereafter? God be
thanked that there are so many among them who promise
well ; but, alas ! how doth vanity, and a fondness after new
things abound among them ? How do young professors grow
weary of the strict profession of their fathers, and become
strong disputants for those things which their progenitors
forsook a pleasant land for the avoidance of ! " '

' Backus, p. 128. » Backus, p. 129. ' Backus, p. 129.

161] Development of Religious Liberty in the 18th Century. 79
With so great a departure from the piety of the early New
England church, there was not likely to be that jealousy of dis
senters which formerly existed. The Puritans were no longer
to be charged with ecclesiastical exelusiveness. They were
not sufficiently interested in their religion to guard it so care
fully. The dissenting sects, still few in number but growing
rapidly, took advantage of these conditions, and petitioned for
privileges which they soon obtained. They were not strong
in any of the colonies when they began to petition for exemp
tion from contributing to the support of the ministers of the
Standing Order. In Massachusetts the Baptists were the
leading sect, but, as said, they had only nine churches in all
New England in 1700. In Connecticut the Episcopalians
were the strongest, but they did not begin to exhibit any
strength until long after the colony had passed its toleration
law of 1708. In New Hampshire there were no churches of
the minor sects in the early part of the eighteenth century.
Backus says that there was no Baptist church in this colony
in 1740. Rhode Island's population was a mixture of
Quakers, Baptists and Episcopalians. The Episcopalians
claimed to have been the leading sect and to have been the
pioneers of church order. Whitfield erroneously speaks of
the Episcopalian as the established church of Rhode Island.
It is probable, however, that the larger part of Rhode Island's
population was Ba])tist.
Though the dissenters were not numerous, yet so favorable
were the conditions that religious liberty was destined to
advance early in the eighteenth century. This was the period
of exemption laws. The descendants of the Puritans were
ready to admit the right, at least, of dissenters to contribute
their taxes for the support of their own churches. They
passed laws exempting them from supporting the state church.
But the laws were purposely made impracticable. Neither
Baptists, Quakers nor Episcopalians found much relief in
them. They required the dissenter to furnish a certificate
from the church with which he was identified. They empow-

80 Church and State in New England. [162
ered the assessor to omit to tax those who were known to have
furnished the necessary certificates and to be entitled to exemp
tion. In this respect the laws were carelessly carried out.
The assessor would often fail to omit Baptists, Quakers or
Episcopalians from his list, and consequently they were taxed.
Objection could be made ; appeals to the courts could be
taken, but in such cases the poor dissenter had little prospect
of gaining his point. And in order to preserve the few
benefits that the exemption laws did confer, petitions for their
renewal had to be sent in to the General Court every time the
laws expired. In spite of all these difficulties, the exemption
laws must be regarded as a long step toward freedom. They
were an admission of the right of exemption claimed by dis
senters. And, although petitions had to be gotten up for their
renewal, yet, after the laws had once been made, their renewal
was never desired, and latterly was given unsolicited. Diffi
culties with certificates and tax lists were mere matters of
administrative detail, and their defects could easily be cor
rected. The progress of religious liberty in Massachusetts was very
gradual. The Episcopalians were the first to be favored. In
1627 it was found that the laws taxing all for the state church
were working hardship to certain members of the Church of
England ; it was, therefore, enacted, that in the future they be
permitted to pay their taxes to their own minister, provided
there is one in the town.' This law was limited to five years.
It was re-enacted in 1735 and continued for five years more.^
In 1742 it was again renewed, and no time limit put upon it.^
The next to be favored were the Baptists and Quakers. In
1728 the polls of Baptists and Quakers were exempted for
five years. In the following year the polls and estates of
members of these two sects were exempted. In 1737 the law
in behalf of the Quakers was re-enacted and continued for ten

' Province Laws, 1727-8, Chap. VII.
''Laws, 1735-6, Chap. XV. ^Laios, 1742-3, Chap. VIII

163] Development of Religious Liberty in the 18th Centicry. 8 1
years. For the Baptists the law was renewed in 1740 and
continued for ten years. The period of the great awakening
is marked by no important changes in the exemption laws.
They are continued as before. The law of 1747, exempting
both Baptists and Quakers, was taken up, and passed without
any petition requesting its renewal. Had this not been done,
the Baptists would have brought their grievances before the
King. They were on the point of doing so because of the
difficulties placed in their way in taking advantage of the
laws. It certainly was difficult for the dissenters to conform
to the details required of them. There were, doubtless, many
cases of persecution under the laws. Hovey, in his Life and
Times of Isaac Backus, cites numerous instances. He says
that dissenters were forced to pay rates, their property was
seized, and their persons were cast into prison. The laws
were fair enough, but they were too often maliciously executed.
The irregularities, however, were not all on one side.
During the years of the great awakening, the Separate churches
that were organized, petitioned for the privileges enjoyed by
other dissenters. These privileges the court did not choo.se to
give. In order to cut loose from the Standing Order and to
maintain their own churches, without contributing to the
support of both, these Separatists organized nominal Baptist
churches and claimed exemption. To protect itself from, this
irregularity, the colony had to make the laws for the exemption
of Baptists more rigorous. Accordingly the Act of 1752
provided : " That no person for the future should be esteemed
to be an Anabaptist," " but such whose names are contained
in the lists taken by the assessors, or such as shall produce a
certificate, under the hands of the minister and of two principal
members of such church, setting forth that they conscientiously
believe such person or persons to be of their persuasion," ' etc.
It was also provided " that no minister nor the members of
any Anabaptist church, as aforesaid, shall be esteemed quali-
' Acts and Sesolves of the Province of Massachusetts Bay, 1752-3, Chapter 15.
6

82 Church and State in New England. [164
fied to give such certificates, as aforesaid, other than such as
shall have obtained from three other churches, commonly
called Anabaptists, in this or the neighboring provinces, a
certificate from each respectively, that they esteem such church
to be one of their denomination, and that they conscien
tiously believe them to be Anabaptists," etc. This law pressed
hard upon the Baptists, and they made a vigorous remonstrance
against it. It is the only law made in Massachusetts, that
owes its origin directly to the great awakening. In 1757 an
exemption law similar to those of preceding years was enacted;
it continued for thirteen years.' There were the'same objections
to this law. Dissenters could not obtain justice because of
the administrative difficulties placed in their way. "No
tongue or pen," says Mr. Backus, " can fully describe all the
evils that were practiced under the last law.'"'^ In 1770 ex
emption laws were again passed in favor of dissenters. The
certificate system, so objectionable to all sects, was still retained.
The law differed otherwise but little from the old laws; the
slight changes were in favor of the dissenters.
During the early period of our struggle with Great Britain
efforts were made to enlist the sympathy of the Continental
Congress in behalf of the dissenters of Massachusetts. Very
little was accomplished. A resolution of sympathy was passed
by the Provincial Congress that met in Cambridge in Decem
ber 1774. Further than this, nothing was gained ; and it is a
question whether the cause of the Baptists was not injured as
sinister designs were said to have prompted their appeal to
Congress.' There can be no doubt that the dissenters had a
great amount of trouble to avail themselves of the exemption
laws enforced, as they were, in many cases, by prejudiced
officers. At a later period when Massachusetts permitted
ministers of dissenting sects to recover from the town treasurer

^Acls and Sesolves, 1757-8, Chapter 19.
'Hovey, Life and Times of Isaao Backus, p. 172.
' Hovey, Life and Times of Backus, p. 214.

165] Development of Religious Liberty in the 18th Century. 83
the taxes paid by dissenters for the support of the church, the
execution ofthe law rendered it practically useless. Buck men
tions an instance in which "it required fourteen suits at law
before a town treasurer yielded the taxes," and also another in
which it required " an expense of one hundred dollars and four
years time to get four dollars out of his hands for the use of a
Baptist minister."' There were, therefore, very substantial
reasons for amending the laws.
It is interesting to see just what arguments were used against
the certificate system. They are all based on the theory that
church and state should be independent of each other. They
are clearly stated in an appeal to the public for religious liberty.
As given by Hovey they are :
" (1) Because to give certificates implies an acknowledgment
that civil rulers have a right to set up one religious sect above
another ; which they have not.
" (2) Because civil rulers are not representatives in religious
matters, and therefore have no right to impose religious taxes.
" (3) Because such practice emboldens the actors therein to
assume God's prerogative; and to judge the hearts of those
who do not put into their mouths.
" (4) Because the church is to be presented as a chaste virgin
to Christ ; and to place her trust and love upon any other for
temporal support is playing the harlot, and so the way to de
stroy all religion.
" (5) Because the practice tends to envy, hypocrisy and con
fusion, and so to the ruin of civil society." ^
After the Declaration of Independence Massachusetts pro
ceeded to adopt a new constitution. It was framed by the
General Court in 1777, and referred to the next court for
adoption. One of its articles provided for the restoration of
many of the old eccleisastical laws. Powerful opposition to
this article was made by the Baptists and others. The whole
' Buck's Massachusetts Ecclesiastical Law, p. 43.
^ Hovey, Life and Times of Isaac Backus, p. 195.

84 Church and State in New England. [166
constitution was, however, rejected. In 1779 a convention
called to frame a constitution, prepared the one that was
adopted. It contained the following article in its Bill of
Rights :
"As the happiness of a people, and the good order and
preservation of civil government, essentially depend upon
piety, religion and morality ; and as these cannot be
generally diffused through a- community but by the institu
tion of the public worship of God, and of public instructions
in piety, religion and morality ; therefore, to promote their
happiness, and to secure the good order and preservation of
their government, the people of this Commonwealth have a
right to invest their Legislature with power to authorize and
require, and the Legislature shall, from time to time, authorize
and require the several towns, parishes, precincts, and other
bodies politic or religious societies, to make suitable provision,
at their own expense, for the institution of the public worship of
God, and for the support and maintenance of public Protestant
teachers of piety, religion and morality, in all cases where such
provision shall not be made voluntarily.
"And the people of this Commonwealth have also a right
to, and do, invest their Legislature with authority to enjoin
upon all the subjects an attendance upon the instructions of the
public teachers aforesaid, at stated times and seasons, if there
be any on whose instructions they can conscientiously and
conveniently attend.
" Provided, notwithstanding, that the several towns, par
ishes, precincts, and other bodies politic, or religious societies,
shall, at all times, have the exclusive right of electing their
public teachers, and of contracting, with them for their sup
port and maintenance.
"And all moneys paid by the subject to the support of
public worship, and of the public teachers aforesaid, shall, if
he require it, be uniformly applied to the support of the public
teacher or teachers of his own religious sect or denomination :
Provided, there be any on whose instructions he attends;

167] Development of Religious Liberty in the 18th Century. 85
otherwise it may be paid toward the support of the teacher or
teachers of the parish or precinct in which the said moneys
are raised.
"And every denomination of Christians, demeaning them
selves peaceably and as good subjects of the Commonwealth,
shall be equally under the protection of the law ; and no
subordination of any one sect or denomination to another
shall ever be established by law." '
This article met with great opposition, but it embodied the
opinion of the majority of the convention, and hence was
adopted. The old state church still stood and triumphed.
Another half century was to roll over its head before Massa
chusetts could entertain entire religious freedom.
Turning to Connecticut, we find the history of religious
liberty similar to its history in Massachusetts. The early
part of the eighteenth century is characterized by exemption
laws. In 1708 Connecticut passed its Act of Toleration. It
provided that all persons who soberly dissented from the
worship and ministry established by law, were to be allowed
liberty of conscience. This law, however, did not exempt
any one from contributing toward the support ofthe Standing
Order, the Congregational church. The first exemption law
was enacted, as in Massachusetts, in 1727. It was in favor ot
the Episcopalians. It was five years after Rector Cutler and
his associates had declared for the Church of England and
only four years after the first Episcopal church was organized
in Connecticut. The law was enacted in response to a petition
from the Episcopalians of Fairfield. The records of this
year say : ^
" Upon the prayer of Moses Ward, of Fairfield, church
warden, and the rest of the church-wardens, vestrymen and
brethren, representing themselves under obligation by the
Honorable Society and Bishop of London to pay to the sup-

' Hough's American Constitutions, Vol. I, p. 622.
" Colonial Secords of Connecticut, May, 1727.

86 Church and State in New England. [168
port of the Established Church, praying this Assembly, by
some act or otherwise, to free them frora paying to dissenting
ministers and for the building dissenting meeting-houses, etc.
" Be it enacted by the Governor, Council and Representa
tives in General Court assembled, and by the authority of the
same, That all persons who are of the Church of England, and
those who are of the churches established by the laws of this
Government, that live in the bounds of any parish allowed by
this assembly, shall be taxed by the parishioners of the said
parish by the same rule and in the same proportion, for the
support of the ministry in such parish ; but if it so happen
that there be a society of the Church of England, where there
is a person in orders according to the canons of the Church
of England, settled and abiding amongst them, and perform
ing Divine service, so near to any person that hath declared
himself of the Church of England that he can conveniently
and doth attend the public worship there, then the collectors,
having first indifferently levied the tax as above said, shall
deliver the taxes collected of such persons declaring themselves
and attending as aforesaid, unto the minister of the Church of
England living near unto such persons ; which minister shall
have full power to receive and recover the same, in order to
his support in the place assigned to him. But if such pro
portion of taxes be not sufficient in any society ofthe Church
of England, to support the incumbent there, then such society
may levy and collect of them who profess and attend as afore
said, greater taxes at their own discretion, for the support of
their minister. Aud the parishioners of the Church of Eng
land, attending as aforesaid, are hereby excused from paying
any taxes for building meeting houses for the present estab
lished churches of this Government."
The law seems to be unusually liberal, for in response to
the petition for Fairfield's exemption, a general law was
enacted. But Connecticut was not ahead of her time in reli
gious liberty. Her great liberality may be partially explained
by the fact that she was in great danger of losing her charter

169] Development of Religious Lib erty in the 18th Century . 8 7
at this time. In the execution of the law she made up for her
liberality. The law said that the Episcopal ministers must
be established so near to the one that "hath declared himself
of the Church of England that he can conveniently and doth
attend the public worship." The officers claimed that by
" near " meant about two miles. According to this interpre
tation the law applied to few ; those who came from neighbor
ing towns to attend the Episcopal Church, did not enjoy
exemption under the law. Laws similar to this one were
enacted in 1729 in behalf of the Quakers and Baptists, and
these, too, were rigidly enforced.
The period of the great awakening was a time of general
agitation throughout this colony. The Saybrook Platform,
which had been adopted in 1708, established a semi-Presby
terian rather than a strictly Congregational government.
The ecclesiastical power that it conferred was brought into
exercise to correct the disorders incident to the awakening.
' In 1641 a " Grand Council " of ministers and laymen, at the
suggestion ofthe General Court, met at Guilford, and resolved :
^' That, for a minister to enter another minister's parish, and
preach or administer the seals of the covenant, without the
consent of, or in opposition to the settled minister of the
parish, is disorderly," etc' In the following year the legisla
ture enforced the decision of the Council by "An Act for
regulating abuses and correcting disorders in ecclesiastical
affairs." It provided (1) that any minister that should enter,
without invitation by the settled minister or his congregation,
the parish of another to preach or exhort, should be denied of
the benefit of any law enacted for the support and encourage
ment of the ministry. (2) Every member of an association
of ministers that undertook to license a candidate for the
ministry, or to decide ecclesiastical disputes, contrary to the
provisions of the Saybrook platform, should suffer the same
penalty. (.3) The offender was to be punished without trial ;
' Tracy, The Great Awakening, p. 303.

88 Church and State in New England. [170
the information given by the regular parish minister or any
two members of the parish committee was to be sufficient
evidence. (4) Exhorters were to be punished as vagrants.'
This is one of the laws that Connecticut saw fit to make during
the period of the great awakening. It was enacted because many
ministers of the Standing Order were opposed to the revival,
and many others not opposed to it recognized the disorders to
which it gave rise. As a church the Congregationalists opposed
the revival. Those members who were in sympathy with it
withdrew from the church to organize new Congregational
churches. They became Separates. They at once claimed
exemption from paying to the support of the church which
they had left. This exemption was denied. The Separates,
thereupon, as in Massachusetts, organized nominal Baptist
churches, and then claimed the exemption of Baptists. In
1743 the General Court repealed the "Act for the relief of
sober consciences," of 1708. Dissenters had now to obtain
mere toleration by special act of the legislature ; and, of course,
special acts were difficult to obtain. Many of the Separates
refused to pay taxes for the old church. In consequence, their
property was levied upon and sold. If satisfaction could not
thus be obtained, they were arrested and committed to jail.
They were now looked upon as martyrs, and won the sym
pathy of their fellows.
The differences, too, between the Separate churches and the
state churches gradually vanished.- The Separates insisted
upon regeneration as a qualification for church membership.
After the preaching of Jonathan Edwards had caused the Half
way covenant to be laid aside, the state churches came back
to their earlier standard. This left no practical differences
between them and the Separate churches. The former now
proved unfaithful to the state. With slight provocation
church after church repudiated the Saybrook platform and

'Abstract of the law given iu The Great Awakening, p. 305.

171] Development of Religious Liberty in the 18th Century. 89
identified itself with the Separates. The struggle of the state
with these churches had now to come to an end.
In 1784 the Saybrook Platform was abrogated, and a lawK
containing the following provisions enacted :
(1) No person soberly and conscientiously dissenting shall
incur any penalty for not attending the worship and ministry
established by law.
(2) All persons who belong to the denominations known as
Episcopal, Congregational (Separates), Baptist or Quaker,
and those who usually worship with societies of any o£ these
sects, shall be exempted from supporting the state church.
(3) Societies of dissenting sects may have the same privi
leges of supporting their ministers, repairing their meeting
houses, etc., as those of the church established by law.
(4) All who do not attend and help to support a society of
one of the dissenting sects shall be ta,xed for the support of
the ministry of the society wherein they dwell.
This law was generous. But it still retained the old Stand
ing Order ; it required certificates of dissenters ; it taxed every
citizen for the support of religion. These were objections
to the law, and they must be removed before the battle for
religious liberty in Connecticut would cease.
In New Hampshire the law of 1714' made the church an
institution of the town. This law was "not at all to interfere
with her Majesty's grace and favor in allowing her subjects
liberty of conscience ;" " all such as conscientiously dissented
from the worship established by law," and "attended the
public worship of God on the Lord's Day according to their
own persuasion," were to be " excused from paying towards
the support of the ministry of the town." It looks very fair,
and would have been fair, had a liberal construction been put
upon it. This was not done; everybody was taxed, and
whenever a dissenter claimed exemption he was asked to
furnish proof that he was a dissenter. At every point his
' Quoted in the Second Chapter.

90 Church and State in New England. [172
evidence was contested by the state. One of the dissenters,
to prove that he was a Baptist, was required to prove that he
had been immersed. It was not until the nineteenth century
that Baptists and others were recognized as distinct sects. Up
to this time it was assumed that all were to be taxed; each
individual had to fight for his exemption.
In 1784, at the recommendation of the Continental Con
gress, New Hampshire reorganized its government. In the
Bill of Rights of the Constitution adopted was an article that
bade fair to furnish sufficient protection to dissenters. It was
similar to the article on religous liberty in the constitution of
Massachusetts. Each closed with the provision that " no sub
ordination of any sect or denomination to another shall ever
be established by law."
In spite of this article, however, the law of 1714 was
allowed to prevail. In 1791 it was slightly altered. The
power of settling the minister and taxing for his support was
put into the hands of the .selectmen of each town. The
change made no difference to the dissenters ; they gained
nothing from it. Not until the nineteenth century were they
to get the religious liberty they so ardently desired.
The ecclesiastical history of Vermont begins, as we have
seen in Chapter II, with the adoption of its constitution.
The third article ofthe Bill of Rights declared "that no man
ought, or of right can be compelled, to attend any religious
worship, or erect or support any place of worship, or main
tain any minister contrary to the dictates of his conscience."
Honorable Daniel Chipman, says in his Memoir of Thomas
Chittenden :
" The framers of our Constitution, having, as suggested,
founded it on the equal rights of the citizens, and having
pretty correct notions of religious liberty, had no idea of
authorizing the Legislature to tax the minor sects for the
benefit of the Standing Order, yet they considered that as all
classes of the community had a common interest in the sup
port of public worship, as they had in the support of common

173] Development of Religious Liberty in the 18th Century. 91
schools, they ought to contribute in like manner for its
support. And they authorized the Legislature to pass laws
to enforce the observation of the Sabbath, and to tax the
people for the support of public worship, trusting that they
would do it in such manner as to afford no just ground of
complaint." '
In 1781 the Legislature authorized towns to levy taxes on
lands within their limits for the purpose of building meeting
houses, school-houses and bridges. In 1783 provision was
made for the support of ministers. The law, in part, is as
follows :
" Whereas, it is of greatest importance to the community
at large, as well as to individuals, that the precepts of Chris
tianity and rules of morality be publicly and statedly inculca
ted on the minds of the inhabitants ;
" Therefore, be it enacted, etc.. That whenever any town or
parish shall think themselves sufficiently able to build a
meeting-house, or settle a minister, it shall be the duty of the
town or parish clerk, on application of seven freeholders of
such town or parish, to warn a town or society meeting, men
tioning the time, place and matter to be debated, giving twelve
days' notice, by posting the same at the most public place, or
places, in said town or parish ; and that two-thirds of the
inhabitants of such town or parish, who shall meet agreeable
to such warrant, being legal voters, and of similar sentiments
with respect to the mode of worship, shall be hereby author
ized to appoint a place or places for the public worship of
God, and fix on a place, or places, for building a house or
houses of worship, and vote a tax, or taxes, sufficient to defray
the expense of such building, or buildings ; and also to hire,
or otherwise agree with, a minister, or ministers, to preach in
such town or parish, either to supply such town or parish with
preaching, or on probation for settlement; and, further, to
vote such minister, or rainisters, such settlement or settlements
- - __
' Secords of Governor and Council of Vermont, Vol. I, Appendix E.

92 Church and State in New England. [174
in money, or otherwise, as to them shall seem equal ; and to
vote such minister, or ministers, such annual support in money,
or otherwise (to be agreed on between such minister, or min
ister and people), as shall be found necessary ; to be assessed
on the polls and rateable estates of persons living or estates
lying within the limits of such town or parish."
By the same law provision was made for dissenters. It
said : " Whereas, there are in many towns and parishes
within this state, men of different sentiments in religious
duties, which lead peaceable and moral lives, the rights of
whose conscience is not to control ; and likewise some, perhaps,
who pretend to differ from the majority with a design to
escape taxation ;
" Therefore, Be it enacted, that every person, or persons,
being of adult age, shall be considered as being of opinion
with the major part of the inhabitants within such town or
parish where he, she or they shall dwell, until he, she or they
shall bring a certificate, signed by some minister of the Gospel,
deacon or elder, or the moderator in the church or congrega
tion to which he, she or they pretend to belong, being of a
different persuasion ; which certificate shall set forth the party
to be of their persuasion ; and until such certificate shall be
shewn to the clerk of such town or parish (who shall record
the same), such party shall be subject to pay all such charges
with the major part as by law shall be assessed on his, her or
their polls or rateable estate." '
As in the other New England states, the certificate system
for dissenters was adopted, and it met with the same opposi
tion. For, iu many of the towns the proportion of dissenters
was large. The objection was not so much to certificate as to
the principle it involved. Backus declared, in Massachusetts,
that to give a certificate was an acknowledgment that the State
did of right control in church matters. The same view pre
vailed in Vermont ; for, after the apparently objectionable
 , 
' Secords of the Governor and Council of Vermont, Appendix E, p. 401.

175] Development of Religious Liberty in the 18th Century. 93
features of the certificate law were removed the opposition
continued as great as ever. Complete separation of church
and state was what was wanted.
Rhode Island never had a state church. The charter of
1663 made religious liberty a part of its fundamental law.
It would not tolerate levying taxes for the support of religion.
In 1716 there were rumors that movements were on foot to
set up the Episcopal church. A law was at once made that
" what maintenance or salary may be thought needful or
necessary by any churches, congregations, or societies of people
now inhabiting, or that may hereafter inhabit, within any part
of this government, for the support of their or either of their
minister or ministers, may be raised by free contribution and
no other ways." '
Rhode Island's laws are said to have disfranchised Catholics
for many years. "All men (professing Christianity) and of
competent estates, and of civil conversation, who acknowledge
and are obedient to the civil magistrate, though of different
judgment in religious affairs (Roman Catholics excepted),
shall be admitted as freemen." These are the words that
appear in one of the laws of the colony. There is much dis
pute about the words in parenthesis, "Roman Catholics
excepted." Arnold claims that they are an interpolation raade
when the laws were compiled.^
In the period from 1691 to 1787 we have noticed four main
forces operating to bring about the separation of church and
state: (1) The enlarged commercial and industrial life of
New England withdrew the colonists' attention from religion.
Material prosperity was sought for at the expense ofthe higher
spiritual prosperity. In the early period the preservation and
maintenance and extension of the church was their chief con
cern. In the eighteenth century less attention was given to

' Palfrey, History of New England, Vol. Ill, p. 435.
" For a, discussion of the phrase, see Arnold's History of Shade Island,
Vol. II, pp. 491-6.

94 Chitrch and State in New England. [176
the church and religion and more to the state and commerce.
Keeping out dissenters was not so important as driving a good
bargain with them. A more liberal and a more modern sen
timent, too, was brought about by the commercial prosperity
of New England in this period. (2) The breaking up ofthe
old town-church system prepared the way for each citizen to
support the church of his choice. Baptists and Episcopalians
had now only to ask for privileges already granted to many
of the Congregationalists. (3) The dissenters strengthened
in numbers, guided by wise leaders, were a power for religious
liberty. The state with its church had to make one concession
after another to them. (4) The decline in religion and the
secularization of the church weakened the cause ofthe Standing
Order, an event of which the more vigorous dissenting sects
were not slow to take advantage.

CHAPTER V.
Development op Religious Liberty in the Nine
teenth Century. — Dis-establishment.
During the period of the Revolution the dissenters, par
ticularly, the Baptists, tried to make it appear that in ecclesi
astical matters they were suffering what the Americans were
in political. It was claimed that they were taxed without
representation. But the colonists did not dispute the prin
ciple " no taxation without representation." They admitted
that dissenters should not be taxed for the established church.
Exemption laws involving the principle had been enacted.
It is true that difficulties were put in the way so that a dis
senter could not easily take advantage of the laws. But the
right of exemption was admitted ; that was not in question ;
the trouble was in the execution of the laws. Nothing, there
fore, was accomplished by appropriating the political argument
for ecclesiastical purposes.
After the colonies become a nation, the position that the
United States took upon the question was important. It did
much to settle the question in the states. Religious liberty
was much discussed in the state conventions called to ratify
the constitution. The constitution itself did not contain a
guaranty of religious freedom. "No religious test shall ever
be required as a qualification to any office or public trust
under the United States " was all that it provided for. But
this was a decided improvement upon the laws of the colonies.
In all of them, with the exception of Rhode Island, religious
tests were required. 95

96 Church and State in New England. [178
This clause of the constitution provoked great discussion in
the state conventions. In the North Carolina convention a dele
gate said, " Even the Pope of Rome might become President
of the United States." Nowhere was the opposition stronger
than in the enlightened state of Massachusetts, where a dele
gate said, he "shuddered at the idea that Romanists and
pagans might be introduced into office, and that Popery and
the Inquisition may be established in America.'" What is
of importance to us in this article is, that it brought the old
question of religious liberty, in another form, prominently
before all the people, and that at the end of the discussion,
the article as given, became one of the fundamental laws of
the country. So much was the gain for religious liberty.
But this is not all. So enlightened had the people become
that exemption from religious tests was not sufficient. It was
good as far as it went, but some of the states wanted to go
farther. Six of them suggested amendments bearing upon
religion. One of these was a New England state. New
Hampshire recommended that " Congress shall make no laws
touching religion, or to infringe the rights of conscience."
The amendment suggested by Virginia is better. It says :
" That religion, or the duty which we owe to our Creator, and
the manner of discharging it, can be directed only by reason
and conviction, not by force or violence ; and, therefore, all
men have an equal, natural and unalienable right to the free
exercise of religion, according to the dictates of conscience ;
and that no particular religious sect or society ought to be
forced or established by law in preference to others." The
complete separation of church and state is here advocated as a
principle. The result of these amendments suggested by the states was
the first amendment to the Federal Constitution. As to

' Quoted from Elliot's Debates, by Dr. Philip SchafF, in Church and State
in the United States, Papers of the American Historical Association, Vol. II,
p. 408.

179] Development of Religious Liberty in the 19th Century. 97
religion, this amendment provides, that " Congress shall make
no law respecting an establishment of religion, or prohibiting
the free exercise thereof"
This was the only course the Federal government could
take. The reasons for it are plainly pointed out by Dr.
Schaff. He says : " The Constitution did not create a nation,
nor its religion and institutions. It found them already exist
ing, and was framed for the purpose of protecting them under
a republican form of government, in a rule of the people, by
the people, and for the people. Nearly all the branches of
the Christian Church were then represented in America. New
England was settled by Congregationalists; Virginia, the
Carolinas and Georgia by Episcopalians; New York by
Dutch Reformed, followed by Episcopalians ; Rhode Island
by Baptists ; Pennsylvania by Quakers ; Maryland by Roman
Catholics; while Presbyterians, Methodists, Lutherans, Ger
man Reformed, French Huguenots, Moravians, Mennonites,
etc., were scattered through several colonies. In some states
there was an established church ; in others the mixed system
of toleration prevailed. The Baptists and Quakers, who were
victims of persecution and nurslings of adversity, professed
full religious freedom as an article of their creed. All colo
nies, with the effectual aid of the churches and clergy, had
taken part in the achievement of national independence, and
had an equal claim to the protection of their rights and insti
tutions by the national government."'
" Thus Congress was led by Providence to establish a new
system, which differed from that of Europe and the colonies,
and set an example to the several states for imitation."^
By the time the Constitution went into effect the dissenting
sects had grown strong in New England. With all the influ
ence they could command, they kept appealing for religious

' Church and State in the United States, in Papers of the American His
torical Association, Vol. II, pp. 405-6.
'Idem, p. 406.
7

98 Church and State in New England. [180
liberty. Exemption laws had been raade and, of late, fairly
enforced. They were now made more liberal and more liberally
enforced. The cry for religious freedom kept up. The nine
teenth century was too late to modify exemption laws and
correct abuses. Laws governing in religious matters must be
swept away all together. The states gradually recognized it,
and submitted ; Massachusetts would not submit until under
her own laws her favorite church was torn asunder, and the
greater part turned over to another denomination. But a
new system was to be inaugurated, Rhode Island, New York,
Virginia and the Federal government had taken the lead.
The other states must fall in line and follow. The forces
driving to this course were no longer resistible.
The youngest of the New England statfes was to lead all
the rest in the dis-establishment of the church.
In the law of 1783 that enabled towns to erect meeting
houses and support ministers by taxes, provision was made
for dissenters as has been pointed out. The certificate system
was adopted. In many of the towns the large number belong
ing to the minor sects, made no little opposition to this system.
The legislature was at length prevailed upon to modify the
law. In 1801 the following law was passed: That every
person of adult age, being a legal voter in any town or parish,
shall be considered as of the religious opinion, and sentiment
of such society, as is mentioned in said act, and be liable to be
taxed for the purpose mentioned in said act, unless he shall,
previous to any vote, authorized in and by said act, deliver
to the clerk of said town or parish, a declaration in writing,
with his name thereto subscribed, in the following words, to
wit : I do not agree in religious opinion, with a majority of the
inhabitants of this town.'
This was certainly a very liberal law, but it did not satisfy
the opposers of the certificate system. For it was not the
' Secords of the Governor and Council af the State of Vermont. Appendix
E, p. 402.

181] Development of Religious Liberty in the 19th Century. 9 9
system that was so offensive; it was the principle it involved.
The opposition grew stronger every year. Every subsequent
legislature for six years was labored with to repeal the law.
In 1807 the legislature yielded. Towns were deprived ofthe
power of supporting ministers or building meeting-houses by
levying taxes. Religion was placed upon a voluntary basis ;
it was left entirely to the individual ; each to support the gos
pel and to worship as he chose.
Connecticut was the next state to declare for religious lib
erty. She, at first, approached the voluntary system as nearly
as it was possible without adopting it. Individuals were
given entire freedom to attend any church and to support the
church of their choice. Any one not satisfied with the Stand
ing Order was at liberty to leave and attend church with any
other denomination. The following is the law of 1791 :
" Be it enacted by the Governor and Council, etc., That in
future, whenever any person shall differ in sentiments from
the worship and ministry, in the ecclesiastical societies in this
state, constituted by law within certain local bounds, and
shall choose, to join himself to any other denomination of
christians, which shall have formed themselves into distinct
churches or congregations, for the maintenance and support of
the public worship of God, and shall manifest such his choice,
by a certificate thereof, under his hand lodged in the office of
the clerk of the society to which he belongs — such persons
shall thereupon, and so long as he shall continue ordinarily, to
attend on the worship and ministry in the church or congre
gation, to which he has chosen to belong as aforesaid, be
exempted from being taxed for the future support of the
worship, and ministry in such society."
This law was fair to dissenters. The state, however, still
required every citizen to contribute to the support of the gos
pel. The taxes of all unconnected with any church were
turned over to the Standing Order, and the struggle continued.
With the coming in of the nineteenth century a new order
of things was destined to appear. The old charter that had

100 Church and State in New England. [182
served as the fundamental law for a century and half, was to
be laid aside. There was a conviction among the citizens,
that it had outlived its day. The old Federal party sup
ported by the Congregational clergy defended the charter
against all attacks. The Republicans were rising and
claimed that under the current order they were not treated
fairly. It was claimed that a Republican did not have an
equal chance with a Federalist in the court room before Feder
alist judges. Efforts were made in 1804 to call a convention
to frame a constitution. These efforts failed as did those made
in 1806. The old question of religions liberty became one of
the issues. The dissenters to a good extent allied themselves
with the Republicans. " The old Congregational clergy consti
tuted the nucleus of the dominant party." They exercised a
controlling influence in politics. "The ambitious minority"
says Dr. Lyman Beecher, " early began to make use of the
minor sects on the ground of invidious distinctions ; thus,
making them restive. So the democracy, as it rose, included
nearly all the minor sects, besides the Sabbath-breakers, rum-
selling tippling folks, infidels, and ruff-scuff generally and
made a dead set at us of the Standing Order. It was a long
tirae, however, before they could accomplish anything, so
small were the sects and so united the Federal phalanx." '
The " long-time " came to an end ; the " Federal phalanx" was
obliged to make some concession to some of the " minor sects "
in order to get their support. When the Phoenix Bank was
chartered, the state was to receive a bonus of fifty thousand
dollars. It was suggested that the money be divided between
Yale College and the Bishops' Fund. In this way the Epis
copalians were to be conciliated. For some reason or other,
when the money was divided the Episcopalians failed to get
the amount intended for them. They thought that they
were deceived by the party in power and now allied them
selves, to a man, with the opposition. This made the opposing
' Autobiography and Correspondence of Lyman Beecher, Vol. I, p. 342.

183] Devdopmentof Religious Liberty in the 19th Century. 101
minority a majority. The dissenting sects coalescing with
the Republicans formed the Toleration party and, in 1817
captured the state. The old charter was abandoned. In 1818
a new constitution was adopted. In its Bill of Rights were
incorporated the following clauses :
"The exercise and enjoyment of religious profession and
worship, without discrimination, shall forever be free to all
persons in this state, etc.
" No preference shall be given by any law to any Christian
sect or mode of worship."
All religious denominations were now upon an equality,
and religion was to be supported by voluntary contributions.
In 1792 New Harapshire amended her constitution, but the
article on religion in the Bill of Rights was left unchanged.
Towns were still permitted to make provision for public wor
ship and to support it by taxes. Up to this time the Episco
palians were the only ones recognized as a distinct sect. All
others were assumed to belong to the state church, and all were
taxed, unless they could establish their right to exemption.
Not until the first decade of the nineteenth century did New
Hampshire relax her Puritan rigor. In 1804 she consented
to recognize the Baptists as a sect. In this year the Legisla
ture passed the resolution "that the people of this state,
commonly known by the name of Free-will Anti-pedo Bap
tists' church and society, shall be considered as a distinct
religious sect or denomination, with all the privileges as such,
agreeable to the constitution."
In 1805 a similar resolution in favor of the Universalists
was passed ; and in 1807 one in favor of the Methodists.
After the passage of the acts exemption under the laws became
practicable. The dissenters were no longer molested. But
the struggle against the state's controlling the church had
begun. Concessions on the part of New Hampshire came too
late. Not religious toleration but religious freedom was to
characterize the nineteenth century. In 1819 the Toleration
Act was brought before the Legislature. It met with strenu-

102 Church and State in New England. [184
ous opposition. The advocates of freedom, however, could
point to the example and experience of other states. Rhode
Island, Vermont, Connecticut and the Federal government
were on the side of freedom. Although it was argued that
the Toleration Act meant " a repeal of the Christian religion,"
and "the abolition of the Bible," it was passed, and, as
Sanborn says, " was productive of little evil and the highest
positive good."
In the year following the dis-establishment in New Hamp
shire came the separation of Maine from Massachusetts. The
battle for religious freedom had already been fought in many
places, and now all the New England states, except Massa
chusetts, had surrendered the right of controlling the church.
Maine could not go back to the old practice ; the opposition
was too great. She consequently incorporated the following
article in her Bill of Rights :
"All men have a natural and unalienable right to worship
Almighty God according to the dictates of their own con
sciences ; and no one shall be hurt, molested or restrained in
his person, liberty or estate, for worshipping God in the
manner and season mo,st agreeable to the dictates of his own
conscience, nor for his religious professions or sentiments;
provided, he does not disturb the public peace, nor obstruct
others in their religious worship ; and all persons demeaning
themselves peaceably, as good members of the state, shall be
equally under the protection of the laws, and no subordina
tion nor preference, of any one sect or denomination to another,
shall ever be established by law ; nor shall any religious test
be required as a qualification for any office or trust under this
state ; and all religious societies in this state, whether incor
porate or unincorporate, shall at all times have the exclusive
right of electing their public teachers, and contracting with
them for their support and maintenance." '

' Hough, Amencan Constitution, Vol. I, p. 509.

185] Development of Religious Liberty in the 19th Century. 103
The .Bill of Rights of the Massachusetts constitution de
clared that " no subordination of one sect or denomination to
another shall ever be established by law."
The dissenters were bent upon making the most of this
clause. They claimed that to require certificates of them, for
exemption from supporting the Congregational church, was
subordinating them to that church. They, therefore, proposed
to test the law.
In 1781 several dissenters in the parish of East Attleboro'
were taxed as usually. A Mr. Balkom, who had refused to
pay, was seized for his tax. He, therefore, brought suit for
damages against the assessors, before a justice of the peace.
The decision was given in favor of the assessors. The case
was brought upon appeal to the County Court, where the de
cision of the justice was reversed and a judgment rendered in
favor of Mr. Balkom. This judgment ought to have settled
the certificate matter ; but it did not. It was kept up through
out the state. Buck says the decision in Balkoiu's case
" seeras to have been local in its influence." ' Backus says,
however, that it settled the controversy in Attleboro', and was
extensively used elsewhere.^
Other efforts were made by the dis.senters to secure justice
under the Bill of Rights. According to the statutes enacted
under it individuals might direct their taxes to be paid to any
public Protestant teacher of piety, religion and morality, of
their own sect, provided there was one in the town, on whose
instructions they attended. A Universalist minister, Mr.
Murray, brought suit under this law to recover the taxes
which his parishioners had paid into the town treasury. The
state's attorney in the case aimed to prove that a minister
" who denied the eternal punishment of the wicked was not a
teacher of ' piety, religion and morality.' " ' The decision of
the Court, however, was in Mr. Murray's favor.

' Buck's Massachusetts Ecclesiastical Law, p. 41.
* Hovey's Life amd Times of Isaac Backus, p. 246. ^ Buck, p. 40.

104 Church and State in New England. [186
In 1799 a law was enacted allowing the minister of a dis
senting sect to recover from the town treasurer the taxes that
had been paid for the support of religion by merabers of his
congregation.' A Methodist minister tried to recover his share
of the taxes under this law, but he failed because he was not
" settled." He had preached in various places, from Pittsfleld
to Springfield, and consequently the law did not touch his
case. A few years later a peculiar construction was put upon the
law that allowed individuals to support any public teacher of
piety, religion and morality. The Supreme Court decided that
ministers of unincorporated societies were not public teachers.
The decision affected a large number of dissenting societies
but few of which had beeu incorporated.
All these difficulties placed in the way of religious liberty,
served only to make the dissenters more zealous in their oppo
sition to any state interference in religious matters. They were
now strong and well organized and it was only a question of
a short time when the church establishment would be over
thrown. In 1811 the "religious freedom" act was passed. It was
like the act passed in Connecticut twenty years before. Under
this act any one could leave the Congregational church and
attend a Baptist, Episcopal or any other church. His taxes
went to the minister whose instructions he attended. He,
however, had to file a certificate with the town clerk that he
had joined a new society.
In 1820 an effort was made to amend the Bill of Rights so
as to include the provisions of the religious freedom act of
1811. An amendment to this effect was prepared but was
rejected by a large majority.
The Unitarian ascendency is the last chapter in the history
of the struggle between the churches and state in Massachu
setts. The Bill of Rights gave to the parish or town not to
'Buck, p. 41.

187] Devehpmentof Religious Liberty inthe 19th Century. 105
the church the exclusive right of electing the minister and
contracting with hira for his support. "This well-meant
provision was the cockatrice's egg out of which those great
judges, Parker and Shaw, successively sitting thereon, after
wards hatched dire mischief to the churches.'" The Con
gregational church of Massachusetts now rested on popular
suffrage. Any change, therefore, in the beliefs and opinions
of the voters, was sure to manifest itself in the church, and,
particularly, in the selection of a pastor. In 1818 it happened,
in the little town of Dedham, that the pastor of the First
church resigned to accept the presidency of a college. The
orthodox Congregationalists had for a long tirae been in the
majority here, and the town was supplied with a Congrega
tional minister. But public opinion had been changing, and
it was here first learned that the Standing Order, built on
popular suffrage, must change as the sentiment of the people
changes. The citizens of the town, -as distinct from the church,
decided to exercise the rights guaranteed to them under the
Bill of Rights of 1780, and accordingly chose a minister for
the town. They elected a Unitarian. The majority of the
church true to Congregational orthodoxy, refused to accept
the new minister. The raatter was brought to the Supreme
Court where the case was decided in favor of the parish.
" Whatever, said Chief Justice Parker, the usage in settling
a minister, the Bill of Rights of 1780 secures to towns, not to
churches, the right to elect the minister in the last resort." ^
The Unitarian minister was given charge of the parish. Here
was a Congregational church, the state church, under laws
made by Congregationalists themselves, turned over to a sect
with which the early Puritan would have had no sympathy.
To the Unitarians, professing a doctrine that they hardly
dared bring to the light, this orthodox church with all its
funds was transferred. In this way many other churches of
the Standing Order, with all their property, were turned over
' Chas. E. Stevens, Essay on Church and Parish. " Buck, p. 52.

106 Church and State in New England. [188
to the Unitarians. The first church of old Plymouth itself
was in this way made Unitarian. Bishop Burgess has said
that in 1843 there were one hundred and thirty Unitarian
Congregational churches in Massachusetts hardly twenty of
which were Unitarian in their origin.'
The old Calvinistic state church that had withstood all
attacks so long, was now superseded in many places. The
reaction of the laws intended to make it secure had brought
on its ruin. Massachusetts was now willing to give up the
struggle it had carried on so long. In 1834 the Bill of Rights
was amended, and " the ancient policy of the Commonwealth,
derived from the mother country, steadily maintained for two
hundred years, was entirely abandoned." ^
During the last period there have appeared two forces to aid
in the dis-establishment of the chureh. (1) The examples set
by the Federal government, and by many of the states, doubt
less had great weight in determining the future policy of New
England. (2) In Massachusetts the change in the belief of
the citizens manifested itself in the church. Congregationalism
began to give way to Unitarianism. The unfavorable turn of
events which the state experienced in the execution of its laws
was all that was needed. Massachusetts was now ready to
join with her sister states in her attitude toward the church.
While many forces contributed to bring about the separation
of church and state in New England, there is none so promi
nent as the work of those who were once dissenters. The
Baptists, Episcopalians, Quakers and others, fought a good
fight in behalf of freedom. Their labors never ceased until
the victory was won. New England was now ready to
"render unto Csesar the things that are Caesar's and unto God
the things that are God's."

¦ Burgess' Pages from the Ecclesiastical History of New England, pp. 121-2.
' Buck's Massachusetts Ecclesiastical Law, p. 64.

YALE UNIVERSITY

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