Jefferson’s Legacy to the Supreme Court: Freedom of Religion BARBARA A. PERRY Religion in Colonial Virginia Except for Rhode Island, each ofthethirteenAmerican colonies created some form ofestablished religion. The English venturists who undertook settlements in New England and Virginia simply assumed that religion would be inextricably tied to their colonial enterprises.1 The 1606 charter creating the Virginia colony required that all ministers preach Christianity that followed the “doctrine, rights, and religion now professed and established within the realme ofEngland”—in other words, the Church of England.2 To bolster the struggling Jamestown settlement, in 1610— 11, Sir Thomas Dale promulgated “Articles, Lawes, and Orders, Divine, Politic, and Martiall for the Colony in Virginia.” Clergymen were to read “Dale’s Laws,” as they were labeled, to assemblies every Sabbath. The thirty-seven rules included eight that specifically referred to God and prohibited impiety, blasphemy, sacrilege, and irreverence towardpreachers or ministers. The sixth law was particularly notable for its strict religious requirements and harsh penalties for violations: “Every man and woman duly twice a day... shall... repair unto the Church to divine service upon pain of losing his or her days allowance for the first omission, for the second to be whipped, and for the third to be condemned to the Gallies for six months. Likewise no man or woman shall dare to violate or break the Sabbath by any gaming... but duly sanctify and observe the same, both himself and his family, by preparing themselves at home with private prayer, that they may be better fitted for the public according to the commandments of God and the orders of our Church... .”3 Colonists faced the death penalty after the third offense of missing morning and afternoon Sunday devotional services. Over the next century, English mission aries, assisted by the Church of England’s Society for the Propagation of the Gospel and Society for the Promoting of Christian Knowledge, spread Anglicanism throughout the Chesapeake region and founded more than 75 parishes in Virginia and Maryland, which constituted over half of the 150 parishes in America, by Jefferson’s birth in 1743. Yet Vir ginia parishes hardly resembled those found 182 JOURNAL OF SUPREME COURT HISTORY English missionaries had founded more than seventy-five parishes in Virginia and Maryland by the time of Jefferson's birth in 1743, including this church in King William County, Virginia. Clerics complained about the small salaries and the long distances they had to travel to visit their small congregations. in the mother country. The population was so dispersed that Anglican clerics complained about the long distances they had to cover in visiting their small congregations, in addi tion to legislative indifference to their salaries. Moreover, the England-based church hierar chy failed to assign a bishop to Virginia, which resulted in a lack of discipline, ordi nation, and clerical authority. Into this ec clesiastical power vacuum stepped Anglican parish vestries, which the clergy thought were too powerful. In turn, parishioners saw too many priests as escapees from England, leav ing financial and family burdens behind for “retirement” in Virginia. Life in early colonial Virginia was hardly one of leisure, however. English criminals who were offered the op tions ofhanging for their crimes or deportation to Virginia reportedly chose the gallows!4 The Anglicans’ monopoly had profound ramifications for those colonists who were not members of the Church of England. In the chapteron religion from his Notes on the State of Virginia, Jefferson addressed the sad his tory of intolerance by the Anglican church in his native colony, especially against “the poor Quakers.” Jefferson noted that Quakers had fled from English persecution in hopes of finding “asylums of civil and religious free dom; but they found them only for the reigning sect.”5 In 1659, 1662, and 1693 the Virginia legislature criminalized Quakers’ refusal to baptize their children, “prohibited the unlaw ful assembly ofQuakers,” forbid ship captains from bringing Quakers to Virginia, required those already in the Old Dominion or those who arrived later “to be imprisoned till they should abjure the country,” established the JEFFERSON AND FREEDOM OF RELIGION 183 death penalty for Quakers who had accumu lated three offenses ofcoming to the state, and...
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