CHAPTER VII.--Diamond Cut Diamond.

The purpose of the easy going settler of Virginia in coming to America

was not to find religious freedom, but to better his financial

condition. He parted from old England with regret; found the same church

in Virginia he had left at home; lived under the same laws and in many

ways under the same conditions. He venerated the laws of England and

contributed without grumbling towards the support of the Established

Church under a general taxation system for that purpose; but appeals by

his clergy to curtail privileges granted by acts of toleration aroused

no such zeal as was exhibited by his New England non-conformist brother

in his attitude towards Baptist and Quaker.

America was fallow soil for new thought; and the first seed sown was

that which led to the first constitutional amendment. Sowers of new

thought, argued: "You cannot by law control men in their attitude of

mind and heart toward God. Religious freedom must come. It is an

inalienable right and cannot be denied. It is useless for the state to

disturb itself by enacting rules of regulation." Finally they

threatened: "To obtain this right you will force us to support the new

issue of local self-government; and if the two, religious freedom and

self-government for the colony join forces, it means war."

So the dissenters, and particularly the Presbyterians, in the first

instance, contending for religious freedom only, were forced into the

newer controversy to procure the old; and to such an extent were the

issues assimilated, that the English correctly attributed the Revolution

to the Presbyterians. Walpole, addressing parliament made the statement:

"Cousin America has run away with a Presbyterian parson."

The first act of toleration was passed in 1699. The Act of 1705 provided

that if a person denied the existence of God or the Trinity or the

divine authority of the scriptures or asserted there are more gods than

one; upon conviction of the first offense was deprived of the right to

hold an office of trust or emolument; upon the second conviction he was

denied the right to sue or to inherit property or to act as trustee for

any person or estate and was subject to a sentence of three years'

imprisonment; his own children could be taken from him and placed in

more orthodox hands; upon the third conviction he was put to death,

though this statute was never invoked.

Before 1750 the spirit of the clergy of the English Church had subsided

into moderation; and the dissenter or non-conformist preacher had grown

more aggressive; though the laws against him were still oppressive.

Rev. Francis MaKemie established the first Presbyterian churches in the

Virginia colony. He was forced repeatedly to appear before the

magistrates and once before the Governor; and is accredited with having

obtained the first act of toleration in 1699; though Samuel Davies is

looked upon as the founder of the Presbyterian Church in Virginia; and

to him and Thomas Jefferson, more than to any other men, thanks are due

for services in behalf of religious liberty.

From 1732, dissenters, in the main Presbyterians, began to settle the

great Valley of Virginia. Within ten years from the establishment of the

first Presbyterian church there were Presbyterian churches in nine of

the then few counties; they had also obtained promises from the

authorities not to disturb them in their worship; though this was a

protection guaranteed by the Act of Toleration then in force.

The Presbyterian Synod meeting in Philadelphia in 1738, petitioned the

Governor of Virginia that Presbyterians of the valley might have "the

free enjoyment of their civil and religious liberties." They received a

favorable reply; which stimulated the emigration of Presbyterians into

the valley not only from the less liberal colonies but from the Old

Country.

Samuel Davies, protected by compliance with the Act of Tolerance, came

to Virginia when but twenty-three years of age and immediately went to

work establishing churches. He appeared before the Virginia committee

which under a show of compliance with the law, licensed as few

non-conformist ministers as was possible; and from that body procured

licenses for several ministers and permits to establish several churches

in new territory. In the General Court of Virginia, where he was forced

to appear; he argued that not only inherently but by the Act of

Toleration, applicants for the ministry must be granted the power and

place to preach. In this he was opposed by Peyton Randolph, then

attorney general for the colony, and though he lost the case was said to

have had the better of the argument. He procured from the attorney

general of the Mother Country an opinion to the effect that the English

law of Toleration, somewhat broader than the colonial, was applicable

to, and the law of, the colony. Eventually his fight procured for

Presbyterians a liberal interpretation of the Act.

He was always careful to declare that his opposition was not to the

Church of England but the clergy, expressing himself "as not against the

peculiar rights and ceremonies of the English Church, much less against

their excellent articles; but against the general strain of the doctrine

delivered from the pulpit, in which their articles were opposed or not

mentioned."

His was a fight, not only for religious liberty, but for the supremacy

of Christ in the church, the authenticity of the Bible, equal rights

under the law for all denominations and individual right to freedom of

conscience.

Because of his work, peace would have prevailed between all confessors

of the Trinity and laws curtailing religious freedom would have been

annulled; had not the Tidewater clergy bestirred themselves and fanned

to flame the last expiring embers of intolerance in Virginia.

He died in 1761; at the time head of what is now Princeton University,

having succeeded Jonathan Edwards as president.

After Davies' efforts ended, other influences at work ultimately brought

about the result.

The non-conformists through immigration, natural causes and religious

teachings, grew rapidly in strength and influence and became aggressive.

Presbyterian ministers no longer thought of applying in person at the

capital, Williamsburg, for license and location as required under the

Act, but preached the word of God "wherever duty and conscience inspired

them." This was particularly true in the remoter settlements west of the

Blue Ridge.

The French-Indian war was highly favorable to the growth of religious

liberty. The non-conformist frontier settlements stood as a barrier to

Indian invasion and bore the brunt of the struggle. Tidewater, Virginia,

felt grateful towards the Presbyterians and for that reason was inclined

to give a liberal construction to the Act.

In 1755, just when the colony was feeling most heavily the burden

incident to this war, the clergy of the English Church, who were paid

from the public treasury, made demand for increased salaries. Though

backed by the King, the demand was unpopular and the colonists were slow

in complying; whereupon the clergy instituted a test Suit, known as the

Parsons' case, to recover damages.

Patrick Henry was employed to represent certain citizens in opposition

to the parsons. At the time he was an unknown, ungainly and somewhat

dissipated young lawyer. It was his first big case. In the beginning he

was almost too embarrassed to speak, but as he talked he gained

confidence, until with great eloquence and passion he assailed the

clergy and finally the King; declaring that the Burgesses of Virginia

were "the only authority which could give force to the laws for the

government of the colony;" one of the first public utterances declaring

for self-government for the colony.

When the case was submitted the jury was peremptorily instructed to find

for the plaintiff; and they did so by awarding damages in the sum of one

penny. It was a great victory for Henry; the beginning of his greatness

and popularity.

The clergy, incensed by the verdict, instituted proceedings for

violations of the Act of Toleration. Under these persecutions and

counter attacks instituted by the non-conformists charging the

conformist clergy with habits of dissipation, Toryism and of laying upon

them increased burdens of taxation, the colony was greatly disturbed.

Conformist attacks were chiefly against the Baptists; the Presbyterians

had grown too strong. They charged the Baptists with being followers of

the German Anabaptists; and predicted horrors similar to those of

Munster.

Three Baptist preachers, James Chiles, John Waller and Lewis Craig, were

arrested; but were offered their release if they would discontinue

preaching. They declined. As they were being carried to prison through

the streets of Fredericksburg they sang: "Broad is the way that leads to

death;" and while confined, preached to the people who congregated

beneath the windows of the jail.

They were arraigned for "preaching the gospel contrary to law." Patrick

Henry, when he heard the charge arose and said: "What do I hear read?

Did I hear an expression that these men whom Your Worships are about to

try for misdemeanor are charged with preaching the Gospel of the Son of

God?"

The result of these persecutions made the conformist clergy yet more

unpopular; more of the people became non-conformists, until they

numerically exceeded the conformists. Then the non-conformists assumed

the role of aggressor; objected to the term dissenter, demanded the

repeal of all acts of toleration, religious freedom for all and that the

clergy of no sect be paid by general taxation.

Tory influence dominated the conformist clergy; the non-conformist

preachers, advocating religious liberty, quite naturally became the

first advocates of civil liberty and freedom for the colonies. Thus in

the issue that brought about the Revolution, one side of the religious

controversialists favored the colony, the other the king; and by the end

of the struggle the conformist or English Church was practically

non-existent.

Rev. Donald McDonald, going to Williamsburg in the spring of 1772 to

lobby against the Bill, "To Regulate His Majesty's Protestant Subjects,"

was forced to remain indefinitely. Of necessity he gave up his church in

the valley; and in order to make a living, accepted the call of a small

church in Williamsburg.

Here he made the acquaintance of and was vastly aided in his fight for

religious freedom by Patrick Henry, Thomas Jefferson, George Mason,

Richard Henry Lee and Edmund Pendleton; three of whom were members and

vestrymen of the English Church. Each being members of the Upper House

of Assembly bore the title of Esquire, which, though now used

indiscriminately, was then a title of great respect.

In the old Bruton Church of Williamsburg, a commemorative tablet is

inscribed: "To the glory of God and in memory of the members of the

committee which drafted the law establishing religious freedom in

Virginia; Thomas Jefferson, vestryman of St. Ann's Parish; Edmund

Pendleton, vestryman of Drysdale Parish; George Wyth, vestryman of

Bruton Parish; George Mason, vestryman of Truro Parish; Thomas Ludwell

Lee, vestryman of Overwharton Parish; being all members of the

committee."

It was George Mason of Gunston Hall, vestryman of Truro Parish, who

wrote the Virginia Bill of Rights; and it was copied by Jefferson in

preparing the Declaration of Independence.

In the Virginia Bill of Rights it is declared: "That religion is the

duty which we owe to our Creator and the manner of discharging it can be

directed only by reason and conviction, nor by force or violence; and

therefore that all men should enjoy the fullest toleration in the

exercise of religion according to the dictates of conscience, unpunished

and unrestrained by the magistrate."

Jefferson has come down as "The father of modern democracy and religious

toleration." It was his bill establishing religious freedom, beginning:

"Well aware that Almighty God hath created the mind free; that all

attempts to influence it by temporal punishment or burdens or by civil

incapacitations, tend only to beget habits of hypocrisy and meanness * *

*" that Virginia in territory, then an empire, established perfect

religious freedom.

The Bill of the Virginia General Assembly, of December 17, 1785,

slightly modified and pushed through by James Madison and Patrick Henry,

became the First Amendment to the Constitution of the United States.

Voices; Birth-Marks; The Man and the Elephant · 第 7 / 21 章