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Chapter 8 THE FIRST VICTORY FOR DISSENT

Word Count: 5946    |    Released on: 06/12/2017

er; but thou shalt fear thy God; for I a

their own church life too onerous. Consequently, they almost immediately began to agitate for a larger meas

as late as 1748, the Episcopalians of Reading were fined for reading the Prayer-book and for working on public fast-days. Still later, in 1762, there was occasional oppression, as in the case of the New Milford Episcopalians. They desired to build a church, but had to wait for the county court to approve the site chosen. The court was averse to the building of the church, and accordingly was a long time in complying with this technicality. Meanwhile, the Episcopalians could not build, neither would they at

oposed bishopric, and letters were exchanged between the leaders of the movement in England and the prominent Independent clergymen in the colonies, in order to sound the state of public opinion. A bill for the American expansion of the Church of England, as a branch to be severed from the jurisdiction of the Bishop of London and to be planted in the colonies under a bishop with full ecclesiastical powers, was prepared and was ready for presentation in Parliament when the Queen's death, August 1, 1714, caused its withdrawal, and

ciety could then do was to send a missionary priest, and to keep alive in England, among the powerful Church party there, so keen an interest that it would seize upon the first opportunity to use its great influence and to compel the English government to force the Connecticut authorities to comply with the demands of the colonial Churchmen for the unrestricted enjoyment of their religion. Such an interest was kept up by the regular, full reports which the Society required of all its missionaries. And these reports, be it remembered, were expected to contain news of a

f his associates proclaimed their dissatisfaction with Congregationalism, or, as they termed it, "the Presbyterianism" of the Connecticut established church. They

at work among the people there. Later, in 1719, Cutler, because of his abilities, was chosen President, or Rector, of Yale, as, in the early days, the head of the college was called. The seeds of doubt had entered his mind during his Stratford pastorate. He and his associates found many books in the college library that, instead of lessening, increased their doubts. After presiding for three years over the greatest institution of learning in the colony, which had for its object the preparation of men for service in civil office and, even more in those days, for service in religion, Rector Cutler, together with his associates, announced t

piscopal Church under a native born minister had penetrated every town, had effected lodgment in every Puritan stronghold, and had drawn into her membership large numbers of that sober-minded, self-contained, tenacious people who constitute the

"in order to contribute to the peace and honor of the government." This proposal was due, in part, to the scandalous reputation in New England which the southern settled clergy bore. Because of this reputation, the Society for the Propagation of the Gospel had from the first made a special point of the morals of their missionary priests. Indeed, these priests, themselves, had warned the Society that, if it expected any returns from its missions in New England, it would have to take great pains to send out a superior class of men. Governor Talcott replied to Bishop Gibson, under date of December 1, 1725,[c] "that there is but one Church of England minister in this colony, [d] and the church with him have the same protection as the rest of our Churches and are under no constraint to contribute to the support of any other minister." After reflecting upon the number and character of the

and from fines for neglecting its public worship. Under the lead of the wardens and vestry of Fairfield, they obtained favor with the General Court in 1727,[e] when an act was passed, "providing how taxes levied upon members of the Church of England fo

mself of y'e Church of England, that he can conveniently and doth attend y'e public worship there, then the collectors, having first indifferently levied y'e tax, as aforesaid, shall deliver y'e taxes collected of such persons declari

to support y'e incumbent there, then such Society may levy and collect of them who profess and

d, are hereby excused from paying any taxes for y'e building meetin

ne missionary to several stations or towns. They also did not always enforce upon the Presbyterian collectors strict accuracy in making out their lists, and when the Episcopalians sought redress for unreturned taxes or unjust fines, they found their lawsuits blocked in

-six male inhabitants of the colony. They asserted in their protest that they had a share in equity derived from the charter; that they bore their share of the expenses of the government; and that the teaching of the Church of England made just as good citizens as did that of the Presbyterian Church. The public lands, from the sale of which the school money was derived, were those along the Housatonic river. The money was appropriated according to a law enacted in 1732 which distributed it among the older towns as a reward for good schools. But, in 1738, the legislature passed a bill by which a majority vote of the town or parish could divert the money to the support of "the go

ty than that granted by the Toleration Act, the other dis

that a man, accused, must be guilty until proved innocent. In so oft-recurring a charge as that of being absent from public worship, it became lawful to exact fines unless the accused could prove before a magistrate that he had been present. But this first act did not dampen sufficiently the renewed zeal of the Rogerines, and for two years there was a continuance of sharp legislation to reduce their disorderliness. They were fined five shillings for leaving their houses on Sunday unless to attend the orthodox worship, and twenty shillings for gathering in meeting-houses without the consent of the ministers. They were given a month, or less, in the house of correction, and at their own expense for board, for each offense of unruly or noisy behavior on Sunday near any meeting-house; for unlawful travel or behavior on that day; and for refusal to pay fines assessed for breaking any of the colony's ecclesiastical laws. These laws [87] were enforced one Sunday in 1725 against a company of Rogerines who were going quietly on the

st the attempts to settle these disputed claims should weary, antagonize, or anger the King.[88] Many of the old charges were renewed, and Connecticut was no longer regarded as a "dutiful" colony, but rather as one altogether too independent, from whom it might be wise to wrest her charter, subjecting her to a royal governor. As early as 1715, her colonial agent had been advised to procure a peaceable surrender of the charter. To this proposal, Governor Saltonstall had returned a courteous and dignified refusal. But the danger was always cropping up. Governor T

the elder Winthrop to his son and daughter. The suit brought up the whole question of land entail in Connecticut, and, with it, the possibility of an economic and social revolution in the colony which would have been the death-blow to its prosperity. Winthrop, by appealing the case to England, brought Connect

e colony, Winthrop resolved to have all the property due him as eldest son and heir under English law. He appealed his case to England, taking it directly from the local probate court, and ignoring the Court of Assistants, where he might have obtained some redress. Moreover, to influence the decision in his favor he included in his list of grievances many of the old offenses charged against Connecticut. He did this, even while acknowledging that the colonial Intestate Act, framed in 1699,[90] was but the embodiment of custom that had existed from the beginning of the colony. While this case dragged on, it was again

a new and heavily wooded country, whose chief wealth was agriculture, the rental of lands would yield income barely sufficient to pay taxes and repair fences, and there could be no dowry for the daughters. A still further result would be, that the younger sons would be driven into manufacturing or forced to emigrate. In each case the Crown would suffer, either by the loss of a colonial market for its manufactured products, or by an impoverished colony, incapable of making satisfactory returns to the royal treasury. [91] Moreover, in the case of emigration, when Connecticut, lacking men to plow her fields, could no longer produce the foodstuffs the surplus of which she sold to the "trading parts of Massachusetts and Rhode Island" to supply the fisheries, the Crown would feel still another banefu

that her administration should accord with the civil, common, or statute law of England, she, at least, among the colonies was free to frame her own laws according to her own needs and desires. Holding to this opinion, which had never been corrected by the Crown, Connecticut maintained that "contrary to the laws of England" was limited in its intent to contrary to those laws expressly designed by Parliament to extend to the plantations. Moreover, Connecticut insisted that the colonies were not to be compared to English towns, because, unlike the towns, they had no representation in Parliament. The Connecticut Intestate Act was opposed to the English law according to the first two interpretations, but not according to the third. Further, the Connecticut authorities felt that if the conditions which had given rise to the law were fully realized in England, the apparent insubordination of the colony would disappear in

was equivalent to a recognition of Connecticut's Intestacy Law. It has been pointed out that, important as the Winthrop controversy was from the economic standpoint, it was equally important as fore-shadowing the legislation of the English government some thirty years later, and as defining the relation of

mplaints were brought against Connecticut,-it was in the midst of her perplexities and conflicting interests that the dissenters within her borders sought greater religious liberty. They sought it, not only through their own local efforts, but

mation for oath. The Quakers were determined to have the same freedom in the colonies as in England. Accordingly, they watched with interest the test case between the Quaker constables of Duxbury and Tiverton,-both, then, under the jurisdiction of Massachusetts,-and the authorities of that colony. Fines and persecutions were so much alike in Connecticut and Massachusetts that a dissenter's victory in one colony would go far towards obtaining exemption in the other. The Quaker constables had refused to collect the church rate, and for this refusal were thrown into prison. Thereupon a petition, with many citations from the colony law books, was sent to England, begging that the prisoners be released and excused from their fines, and that such unjust laws be annulled. The

eived some measure of freedom. To the neighborly interest of the Association of Baptist Churches of North Kingston, Rhode Island, and to the influence of leading Baptists in that colony, including among them its governor (who subjoined a pe

carcely more than an admission of the right to exemption. However, it was an admission that a century's progress had brought the knowledge that brethren of different religious opinions could dwell together in peace. It was an exemption by which the government admitted, as well as claimed, the right of choice in religious worship. It was a far cry to the acknowledgment that a man was free to think his own thoughts and follow his own convictions, provided they did not interfere with the rights of other men. The new laws were a concession by a strongly intrenched church to the natural rights of weaker ones, whose title to permanency it greatly doubted. They were a concession by a governm

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tlesey of Wallingford, and Jared Ellis of Killingwor

forty years, one tenth of those who crossed the sea for

sure to forbid the calling of a general synod of the New England churches which had been desired, and t

Stra

ng the jurisdiction which, as Bishop of London, he claimed over the Chu

an thirty new towns were organize

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