CHAPTER VIII

THE FIRST VICTORY FOR DISSENT

Ye shall not therefore oppress one another; but thou shalt fear

thy God; for I am the Lord your God.--Leviticus, xxv, 17.

The dissenters found the terms of the Toleration Act too narrow; the

conditions under which they could enjoy their own church life too

onerous. Consequently, they almost immediately began to agitate for a

larger measure of liberty, and persisted in their demands for almost

twenty years before obtaining any decided success.

Foremost among the dissenters pressing for greater liberty, for

exemption from taxes for the benefit of Congregational worship, and

for the same privileges in the support of their own churches as the

members of the Connecticut Establishment enjoyed, were the

Episcopalians. The year following the passage of the Toleration Act

witnessed the first persecution of these people beyond that of tongue

and pen. Fines and imprisonments began in earnest and were continued,

more or less frequently, for many years. Even 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 attend Congregational worship, and the magistrates,

refusing to recognize the services held in private houses, fined them

for absence from public worship. This treatment was abandoned as soon

as it became known that the rector had counseled his people to submit,

as he intended to send a copy of the court's proceedings to England to

be passed upon as to their legality. It was such petty, yet costly,

persecution as this that became frequent after 1709, and from which

the Episcopalians were determined to escape.

These Church-of-England men were increasing in numbers in the colony,

and, at the passage of the Toleration Act, were quite hopeful that the

Rev. John Talbot's mission to England to secure a bishop for America

would prove successful. Although he was not successful in obtaining

the episcopate, his mission received so much encouragement from those

in high places that, upon Talbot's return, a home for the prospective

bishop was purchased, in 1712, in Burlington, New Jersey. It was known

that Queen Anne was much interested in the proposed 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 felled the hopes of Churchmen. George

I had too many temporal affairs to occupy his mind to burden himself

with the intricate rights, powers, and privileges of a new episcopate,

sought by a few colonials scattered through the American

wilderness;--too many vexatious secular affairs in the colonies, and

too heavy war-clouds darkening his European horizon. The Society for

the Propagation of the Gospel, in 1715, made one futile attempt to

interest the king, and then gave up any hope of the immediate

appointment of an American bishop.

In the Connecticut colony, the Episcopalians had so increased that, in

1718, there was in Stratford a church of one hundred baptized persons,

thirty-six communicants, and a congregation that frequently numbered

between two and three hundred people. They were ministered to by

traveling missionaries of the Society for the Propagation of the

Gospel. When these Stratford people appealed to the Society for a

settled minister, they complained that "there is not any government in

America but has our settled Church and minister, but this of

Connecticut." [82] Still all the Society 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 any kind,

and of everything that happened in the colony of Connecticut, or

elsewhere, that could possibly be turned to advantage in influencing

the home authorities, in pushing the interests of the English

Establishment in America, and in strengthening its membership

there. Although, after the death of Queen Anne, the king's

indifference checked the movement for the American episcopate, its

friends did not abandon it, and a persistent effort for its success

was soon begun. One of its prime movers was the Rev. George Pigott,

missionary to Stratford, Connecticut, in 1722.

Under Mr. Pigott, the Church of England in Connecticut made a most

encouraging and important gain, when, in 1722, Timothy Cutler, Rector

of Yale College, and six of his associates proclaimed their

dissatisfaction with Congregationalism, or, as they termed it, "the

Presbyterianism" of the Connecticut established church. They asserted

that "some of us doubt the validity, and the rest are more fully

persuaded of the invalidity of the Presbyterian ordination in

opposition to the Episcopal."

Three of these men remained in "doubt," and continued within the

Congregational church.[a] Four of them, Rector Timothy Cutler, Tutor

Daniel Brown, Rev. James Wetmore of North Haven, and Rev. Samuel

Johnson of West Haven, went to England to receive Episcopal

ordination.[b] The story of their conversion is to Churchmen an

illustration of the scriptural command, "Cast your bread upon the

waters and it will return to you after many days." The Connecticut

authorities had chosen the Rev. Timothy Cutler because of his

eloquence, and had sent him to Stratford to counteract the early

successes of the Church-of-England missionary priests, who were 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 their change of faith. The colony was

taken by storm, and there spread throughout its length and breadth,

and throughout New England also, a great fear that Episcopacy had made

a _coup d'etat_ and was shortly to become the established church

of her colonies as well as of England herself. Naturally, among the

colonial Churchmen, it excited the largest hope "of a glorious

revolution among the ecclesiastics of the country, because the most

distinguished gentlemen among them are resolutely bent to promote her

(the Church's) welfare and embrace her baptism and discipline, and if

the leaders fall in there is no doubt to be made of the people." [83]

These hopes were in a degree confirmed by the conversion of one or two

more ministers, and by the Yale men that the classes of 1723, 1724,

1726, 1729, and 1733 gave to Episcopacy. By the impetus of these

conversions, within a generation, "the Episcopal 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 membership of New England to-day."[84] After the

conversions of 1722, the movement for the apostolic episcopate in

America became more determined, and never wholly ceased until the

consecration of Samuel Seabury as bishop of Connecticut in 1784.

A decided change took place in Connecticut's policy upon the death of

Governor Saltonstall in 1724, and under his successor in office,

former Lieutenant-Governor Joseph Talcott. The new governor was a

Hartford man, more liberal in his ecclesiastical opinions and opposed

to severe measures against dissenters. Hardly had Governor Talcott

taken office when Edmund Gibson, Bishop of London, wrote him, urging

in behalf of the Episcopalians a remittance of ecclesiastical

taxes. "If I ask anything," wrote the Bishop, "inconsistent with the

laws of the country, I beg pardon; but if not, I hope my request for

favors for the Church of England will not appear unreasonable." The

Bishop accompanied his letter with a paper, a copy of a circular

letter to the different colonial governors, in which, among other

matters relating to his clergy, he professed his readiness to

discipline them if necessary "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 few persons in another

town or two "who claim exemption from rates," Governor Talcott quotes

the colony law for the support of the ministry in every town, and adds

that, upon the death of an incumbent, the townspeople "are quickly

supplied by persons of our own communion, educated in our public

schools of Learning; which through divine blessing afforded us, we

have sufficiency of those who are both learned and exemplary in their

lives." This was a polite way of informing the bishop that Connecticut

preferred to do without his missionaries. It was one thing for the

tolerant governor to grant exemption from Congregational taxes in the

case of an influential church like that of Stratford, and quite

another to extend the same toleration to every scattered handful of

people who might claim to be members of the Church of England, and who

might welcome the coming of her missionary priests.

The Episcopalians, however, were not content to rest their privileges

upon their numerical power in each little town, or upon the personal

favor of the magistrates. They therefore continued their agitation for

exemption from support of Congregationalism 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 for the support of the Gospel should

be disposed of," and exempting said members from paying any taxes "for

the building of meeting houses for the present established Churches of

this government." The law further declared that if within the parish

bounds--

there be a Society of y'e Church of England, where there is a

person in orders, according to y'e Canons of y'e Church of

England, settled and abiding among them and performing divine

service so near to any person that hath declared himself 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 declaring themselves, and

attending as aforesaid, unto y'e minister of y'e Church of

England, living near unto such persons; which minister shall have

power to receive and recover y'e same, in order to his support in

y'e place assigned to him.

But if such proportion of any taxes be not sufficient in any

Society of y'e Church of England to support y'e incumbent there,

then such Society may levy and collect of them who profess and

attend as aforesaid, greater taxes, at their own discretion, to

y'e support of their ministers.

And the parishoners of y'e Church of England, attending as

aforesaid, are hereby excused from paying any taxes for y'e

building meeting houses for y'e present Established Churches of

this government.[85]

After the passing of this law, the magistrates contented themselves

with occasional unfair treatment of the weaker churches. They

sometimes haggled over the interpretation of the terms "near" and

"conveniently" as found in the law. They objected to the appointment

of one 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

the courts. The magistrates, also, showed almost exclusive preference

for Congregationalists as bondsmen for strangers settling in the

towns, while the courts continued to frequently refuse or to delay the

approval of sites chosen for the erection of Episcopal churches.

Finally, there was a certain amount of political and social ostracism

directed against Churchmen. A notable attempt to defraud the

Episcopalians of a due share of the school money, derived from the

sale of public lands and from the emission of public bills, was

defeated in 1738 by a spirited protest, setting forth the illegality

of the proceeding, the probable indignation of the King at such

treatment of his good subjects and brethren in the faith, and by

pointing to the fact, as recently shown by a test case in

Massachusetts, that the Connecticut Establishment itself could not

exist without the special consent of the King. [86] The petition was

signed by six hundred and thirty-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 gospel ministry

as by law in the colony established." Naturally this new law operated

against all dissenters, who, equally anxious with the

Congregationalists to have good schools, were an ignored minority

whenever the latter chose to vote the money to the support of their

church. As a result of this spirited protest of the Episcopalians, the

enactment of 1738 was repealed two years later "because of

misunderstanding." Notwithstanding such hardships as the Episcopalians

suffered in Connecticut, their own writers declare that, at this

period of colonial history, the Churchmen in Connecticut had less to

complain of than their co-religionists in New York and in the southern

colonies.

While the Episcopalians were agitating for a larger liberty than that

granted by the Toleration Act, the other dissenters, Rogerines,

Quakers, and Baptists, were not idle.

The efforts of the Rogerines were marked more by violence than by

success. They had become less fanatic, and persecution had died away

during the first ten years following the passage of the Toleration

Act. All might have gone smoothly had they not suddenly stirred

Governor Saltonstall to renewed dislike, the magistrates to fresh

alarm, and the people to great contempt and indignation. This they

accomplished by a sort of mortuary tribute to their leader, John

Rogers, who died in 1721. This tribute took the form of renewed zeal,

and was marked by a revival of some of their most obnoxious

practices. The Rogerines determined to break up the observance of the

Puritan Sabbath. Immediately, an "Act for the Better Detecting and

more effectual Punishment of Prophaneness and Immorality" was

passed. It was especially directed against the Rogerines. Its most

striking characteristic was that it changed the policy of the

government from the time-honored Anglo-Saxon theory that every man is

innocent until proved guilty, to the doctrine 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 their way

through Norwich to attend services in Lebanon. The outburst of

religious fervor spent itself in two or three years. Governor Talcott

did not believe in strong repressive measures, and it was soon

conceded that the ignoring of their eccentricities, if kept within

reasonable bounds, was the most efficient way to discourage the

Rogerines. Summarizing the influence of this sect, we find that they

contributed nothing definite to the slow development of religious

toleration in Connecticut. If anything, their fanaticism hindered its

growth, and they gained little for themselves and nothing for the

cause. As the years went on and their little sect were permitted to

indulge their peculiar notions, and the props of the State were not

weakened nor the purity of religion vitally assailed, the Rogerines

contributed their mite towards convincing mankind, and the Connecticut

people in particular, that brethren of different creeds and religious

practices might live together in security and harmony without danger

to the civil peace.

During the seventeen years that Governor Talcott held office, 1724-41,

the life of the colony was marked by its notable expansion through the

settlement of new towns, [f] and by the dexterity with which its

foreign affairs--its relations to England and its boundary disputes

with its neighbors--were conducted. The last dragged on for years,

calling for several expensive commissions and causing much

confusion. The Massachusetts line was determined in 1713; that of

Rhode Island in 1728; and that of New York in 1735. Connecticut, in

all these cases, had to be wary lest 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 Talcott's English official correspondence is full of

details concerning Connecticut's increasing anxiety concerning the

attitude and the decisions of the home government; over the dangers

consequent to her institutions or to her charter. It was repeatedly

suggested that that charter should be surrendered, modified in favor

of the King's supervision, or annulled. In the Governor's letters, one

follows the intricacies of the boundary disputes, of the complicated

Mohegan case, and sounds the dangers to the colony from the

disposition and decisions of the Crown.[89]

One case in particular demands a passing consideration because of its

far-reaching effects, and because it paralleled in time the

legislation in the colony which broadened the Toleration Act. This was

the famous case of John Winthrop against his brother-in-law, Thomas

Lechmere, to recover real estate left by 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

Connecticut into still greater disfavor, and risked the loss of the

charter, together with many special privileges in religion and

politics which the colony enjoyed through a liberal interpretation of

that instrument. In the course of the suit, the constitutional

relations of Crown and colony had to be threshed out.

John Winthrop's father died in 1717, when, according to Connecticut,

but not English, law of primogeniture, Winthrop received as eldest son

a double portion of his father's real estate, and his sister, Thomas

Lechmere's wife, the rest. Winthrop's brother-in-law was not a man

wholly to be trusted to deal justly with his wife's property; but

this, in itself, was a very small factor in the suit. Winthrop was at

variance with the Connecticut authorities, and was dissatisfied with

his share both of his father's property and of his uncle's, whose heir

he was. No matter how much his own personal interests might endanger

the 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 intimated to Connecticut that the surrender

of her charter, or at least the substitution of an explanatory

charter, might be an acceptable price for the royal confirmation of

her Intestate Law. Finally, Winthrop went to England, and was given a

private hearing, at which no representative of the colony was present.

As a result of this hearing, an order in Council was issued February

15, 1728, annulling the Connecticut Intestate Act as contrary to the

laws of England and as exceeding charter rights. Moreover, the

colonial authorities were ordered to measure off the lands, claimed by

Winthrop, and to restore them to him.

Of course, it would take some time to obey the order. Meanwhile, if

this restitution were made, if the decision were submitted to, it

would invalidate so many land titles as to threaten the very existence

of Connecticut's economic structure. The colony sought the best legal

talent obtainable. For seventeen years Connecticut continued this

expensive lawsuit, urging always her willingness to comply in the case

of Winthrop, if only the decision be made a special one and not a

precedent,--if only an order in Council, or an act of Parliament,

would reinstate the Connecticut Intestate Law. Her agents in England

were instructed to demonstrate how well the colonial division of

property had worked, and that under the English division, where all

real estate went to the eldest son, if it were practiced in 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 baneful effect from its

attempt to enforce the English law of entail. Again, there was another

aspect from which to view the annulment of the Connecticut Intestate

Law. Its annulment would render worthless many past and present

land-titles. Creditors who had accepted land for debt would

suffer. Titles to lands, held by towns, as well as individuals, would

become subject to litigation; the whole colony would be plunged into

lawsuits, and its economic framework would be rent in pieces. The

Intestate Law was in accordance with custom throughout New

England. When in 1737 a similar statute in Massachusetts was sustained

by the King in Council in the appeal of Phillips _vs._ Savage,

Connecticut, notwithstanding the renewed and repeated suggestions to

give up her charter, took courage to continue the contest.

During these years the question of the constitutional relation of

colony and Crown was frequently raised, and Connecticut was called

upon to show that her laws were not contrary to the laws of

England. She had to prove that they were not contrary to the common

law of England; nor to the statute law, existing at the founding of

the colony; nor to those acts of Parliament that had been expressly

extended to the colony. This was the most commonly held of the three

interpretations of "not contrary to the laws of England." The most

restricted interpretation was that all colonial laws higher than

by-laws, and "which even within that term touched upon matters already

provided for by English common or statute law, were illegal" or

"contrary." Under this interpretation, "the colonies were as towns

upon the royal demesne." Connecticut herself held to a third

construction, maintaining that, as her own charter nowhere stipulated

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 the light of the real

equity of the colonial statute. In Governor Talcott's letter, dated

November 3, 1729, under "The Case of Connecticut Stated," there is a

summary of the reasons why the colony hesitated to appeal directly to

Parliament for a confirmation of the Intestate Act. She was afraid of

exciting still greater disfavor by seeming to ask privileges in

addition to those already conferred upon her in her very liberal

charter. She was afraid of courting inquiry in regard to her

ecclesiastical laws, her laws relating to the collegiate school, and

also sundry civil laws. The colony feared that the result of such an

investigation would be that she would thereafter be rated, not as a

government or province, but as a corporation with a charter permitting

only the enactment of by-laws. Moreover, she dreaded to be ranked with

"rebellious Massachusetts," and thus further expose herself to a

probable loss of her charter.

After contesting the decision against her for many years, at last in

1746 she virtually won her case through a decision given in England in

the suit of Clarke _vs._ Tousey,[92]--a suit which had been

appealed from the colony, and which presented much the same claim as

Winthrop's. The decision in favor of Clarke 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 colony and Crown. Moreover, in 1765, as in 1730, "economic

causes and conditions," writes Professor Andrews in his discussion of

the Connecticut Intestacy Law, "drove the colonists into opposition to

England quite as much as did theories of political independence, or of

so-called self-evident rights of man."

It was during the continuance of this troublesome Winthrop suit, while

boundary lines were still unsettled, while as yet the Mohegan titles

remained in dispute, while the most grievous charge of encouraging

home manufactures, and many other complaints 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 through the strength of their friends in England, who

brought all their influence to bear upon the home government. With

such help Episcopalians had won exemption in 1727, and within two

years Quakers and Baptists were accorded similar freedom.

Connecticut Quakers, though few in numbers, were very determined to

have their rights. From 1706, the Newport Yearly Meeting had

encouraged the collecting and recording of all cases of "sufferance."

In 1714, at the close of Queen Anne's War (1702-13), the Newport

Yearly Meeting reported to that of London that "there is much

suffering on account of the Indians at the Eastward, yet not one (of

ours) had fallen during the last year, Travelling preachers having

frequently visited those parts without the least harm.... Friends in

several places have suffered deeply on account of not paying

presbyterian priests, and for the Refusing to bear Armes, an Account

of which we Doe herewith Send." In 1715, the English law had granted

them the perpetual privilege of substituting affirmation 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 Privy Council ordered the prisoners released and their fine

remitted. This decision was rendered in 1724, and, with the success of

the Episcopalians three years later, still further encouraged both

Quakers and Baptists to seek relief from ecclesiastical taxes and

fines. Two years later, in May, 1729, the Quakers appealed to the

Connecticut Court for such exemption, and were released from

contributing to the support of the established ministry and from

paying any tax levied for building its meeting-houses, provided they

could show a certificate from some society of their own (either within

the colony or without it, if so near its borders that they could

regularly attend its services) vouching for their support of its

worship and their presence at its regular meetings. [93]

Turning to the Baptists, the oppressive measures employed to make them

violate their conscience ceased on the inauguration of Governor

Talcott in 1724. Thereafter, those among them who conformed to the

requirements of the Toleration Act received 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

personal note to the Association's appeal to the Connecticut General

Court), was due the favor of the Court extended in October, 1729, [94]

to the Baptists, whereby they were granted exemption upon the same

terms as those offered the Quakers.

Thus in barely twenty years from the passage of the Toleration Act,

Episcopalian, Quaker, and Baptist had driven the thin edge of a

destroying wedge into the foundations of the Connecticut

Establishment. Each dissenting body was pitifully small in absolute

strength, and they had no inclination toward united action. Quakers

and Baptists were required to show certificates, a requirement soon to

be considered in itself humiliating. The new laws were negative, in

that they empowered the assessor to _omit_ to tax those entitled

to exemption, but they provided no penalty to be enforced against

assessors who failed to make such omission. Indeed, in individual

cases, the laws might seem to be scarcely 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 government whose best

members felt it to be the State's moral and religious obligation to

support one form of religion and to protect it at the cost, if

necessary, of all other forms,--a concession, by such a government, to

a very small minority of its subjects, holding the same appreciation

of their religious duty as that which had nerved the founders of the

colony. It was a concession by the community to a very few among their

number, who were divergent in church polity and practice, but who were

united in a Protestant creed and in the conviction, held then by every

respectable citizen, that every man should be made to attend and

support some accepted and organized form of Christian worship.

FOOTNOTES:

[a] The Rev. John Hart of East Guilford, Samuel Whittlesey of

Wallingford, and Jared Ellis of Killingworth. These men were always

friendly to the Churchmen.

[b] The Rev. Daniel Brown died in England. In the next forty years,

one tenth of those who crossed the sea for ordination perished from

dangers incident to the trip.

[c] This year the home influence of the Church of England had been

brought to bear with sufficient pressure to forbid the calling of a

general synod of the New England churches which had been desired, and

towards which Massachusetts had taken the initial step. See

A. L. Cross, _Anglican Episcopate_, pp. 67-70.

[d] Stratford.

[e] This same year, George I granted to Bishop Gibson a patent

confirming the jurisdiction which, as Bishop of London, he claimed

over the Church of England in the colonies. George II renewed the

patent in 1728-29.

[f] Between 1700 and 1741 more than thirty new towns were organized,

making twice as many as in 1700.

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