Cobb, Rise of Religious Liberty in America. Detailed Contents

TABLE OF CONTENTS

Its unique character — American law — Church and State — Definition of the principle — Strictly an American idea — Growth — Roger Williams — Contents of liberty — Not simply freedom of conscience — Dr. Francis Lieber — Spinoza — Liberty not toleration — Lord Stanhope — Paine — Relation to civil law — Heresy — Interferences of civil law — In Russia — In England — Mutual limitations of Church and State in America — Independence of each other — Williams quoted William Penn — Fostering environment of colonial life — Points of distinction — Lieber — Kent — Rawle — Cooley

Church and State in Europe — A problem of western Christendom — A Christian problem — The Hebrew theocracy — Pagan conditions — At first Christianity religio illicita — Spread of the Church — Persecution by Diocletian — Toleration of Galerius — Constantine — Edict of Milan — Proclamation to the peoples of the East — A full Religious Liberty — Repression of heathenism by sons of Constantine — Christianity established by law — Ambrose — Augustine — His maxim — Episcopal power — The Church saves society — Rome — Epochs of development — Claims of the Church — Gregory the Great — Charlemagne — Subjection of the Church to the empire — Hildebrand — Henry IV. — Canossa — Investitures — Innocent III. — Church supremacy — Frederic II — Rise of nationalism — Boniface VIII. — Edward I. — Philip the Fair — No freedom of conscience in nationalism — Protestantism — Lutheran and Reformed — Power of princes — Cujus regio, ejus religio — Conceded by Protestants — Peace of Augsburg — Luther — Confession of Augsburg — Calvin — Helvetic Confessions — French Confession — Zwinglius — Belgic Confession — Arminius — Church of England — Church of Scotland — Westminster Confession — Erastus — Grotius — Spinoza — Cartwright — Hooker — Exceptions to supremacy of State few — Cromwell — Vane — Quakers — John Locke — English Toleration Act — Burke — Anabaptists

Most of the colonies begun under dominance of the European principle — Persecution wrong or right according to the character of the doctrine — Pilgrim tolerance — Massachusetts intolerance — John Cotton — Virginia conformity — Three systems — Four groups of colonies — Origin of colonial establishments — Influence of English government

Established by charter or legislation and remaining until the Revolution

Religious motive in foundation of colony — Sir Walter Raleigh — Church established — Robert Hunt — Whitaker — Governor Dale — “Lawes Divine, Moral and Martial” — Argal — Wyatt — Virginia becomes a royal province — Care for the Church — Religious legislation — Ministers — Lord Baltimore expelled from Virginia — Early toleration — Puritans in Virginia — Severer measures — Romanists — Sir William Berkeley — Boston ministers driven away — Vestries and patronage — The period of the commonwealth — Quakers — The Restoration — Stringent laws against dissent — Scattered settlement “Virginia’s Cure” — Clerical morals — Schools and printing — Francis Mackemie — Toleration Act — Huguenots — Persecutions — Baptists — Other sects — Methodists — Scotch Presbyterians — Whitefield — Samuel Morris — Irregular religious services — Governor Gooch — Presbytery of Newcastle — Acts of repression — Samuel Davies — John Rodgers — Forbidden to preach — Davies’s triumphant defence — Growing disaffection to the establishment — Causes of it — “Disarming Papists” — Two-Penny Act — “Parsons’ Cause” — Patrick Henry — Persecution of Baptists — Fall of the establishment

Charter — Anglican Church established — Toleration — Religious control — Dissenters — “Fundamental Constitutions” — Atheists excluded — Church of England — Rules for dissenting churches — Irreligion outlawed — Religious destitution — Anglican immigration — Plot against dissenters — First clergyman in colony — Governor Archdale — Act of 1704 — Dissenters disfranchised — A lay ecclesiastical court — The people of the colony — Quakers — Act of 1704 annulled — Letters of the clergy — Morals of the clergy — Few churches — Charter abrogated and province divided — Establishment only nominal in North Carolina — South Carolina church laws — Chapels of ease — Three-fourths of the population averse to the establishment

All New England outside of Rhode Island — congregationalism — Established by colonial legislation — Distinctions among the colonies.

From Scrooby to Holland — Attempts to emigrate to America — Lord Bacon — Plymouth Company — Emigration as a church — Mayflower Compact — Freedom of conscience — Freeman’s law — Tolerant spirit — Religious legislation — “Presbyterian Cabal” — Criticism by Massachusetts — Quakers — Hubbard — Chauncy — Lechford — Oldham — Doughty — Thomas Morton — Governor Bradford — Comparative isolation of Plymouth — United with Massachusetts

First settlers on the Bay — Coming of Endicott — Salem — Charter to “Governor and Company of Massachusetts Bay” — Religious attitude of the Puritans — Endicott’s administration — Religious aim — “The Planters’ Plea” — “Scottow’s Narrative” — Company’s instructions — Organization of Church at Salem — Civil power over religion — Expulsion of the Brownes — “New England’s Plantation” — Emigration of 1630 — John Winthrop — Dudley — Cotton’s “Abstract of Laws” — Tax for support of Church — Voluntary support in Boston — Morton of Merry-Mount — Freemen — Franchise made dependent on membership in State-Church — Reasons for exclusiveness — Act of 1635 completing the establishment — Inquisitorial power — No right of presentation — Origin of the establishment — Domicile — Heresy — Contempt — Non-attendance at church — Romanists — New England Confederacy — Power of the ministers — Civil Code — Roger Williams — Process against him — His flight — Reasons for the persecution — Mrs. Hutchinson — Antinomian controversy — Sir Harry Vane — Wheelwright — Synod of 1637 — Action of general court — Remonstrance — Banishment of Mrs. Hutchinson — Church trial and censure — Harvard College — Samuel Gorton — “Presbyterian Cabal” — “New England’s Jonas Cast-up at London” — Cambridge Synod — Civil interferences — William Pynchon — Clarke and Holmes at Lynn — Saltonstall’s letter — Cotton’s reply — “Simple Cobler of Aggawam” — The English commonwealth — More repression — Popery and Christmas — Moral laxity — Non-church members — Half-Way Covenant — Synod of Boston, 1662 — Widening of franchise — Quakers — Their offensive conduct — Frantic legislation — Executions — Disapproval of the people — Reproof of the king — Judgment on the persecution — Its effect on the theocracy — Suffrage and Episcopacy — Royal commissioners to the colonies — New law of franchise — Baptists persecuted — Popular disapproval — The charter revoked — Governor Andros — Struggle for Episcopal services — Proclamation of religious liberty by James II. — Boston regards it suspiciously — Accession of William III. — New Massachusetts charter absorbs Plymouth — All religious restriction on suffrage removed — Church support — The Five-Mile Act — The Great Awakening — Futile efforts to obtain a synod in 1726 — Loss of ministerial power

Foundation a protest against ecclesiasticism of the Bay — The younger Winthrop and Hooker — Saybrook — Character and attitude of Hooker — Settlement on the Connecticut in 1638 — Civil power in the Church — Church polity — Liberality — The franchise — Legislative care of the churches — high moral and non-political purpose of magistrates — No persecutions — Organization of churches — Maintenance of the ministry — Beginnings of voluntary system — Meeting-houses — — The legislature an Ecclesiastical Court — Legislative interest in Spiritual Affairs — Half-Way Covenant — Religious life — Report on state of religion by the general association of ministers to the legislature — Saybrook Synod and Platform — By the legislature made law — Dissent — Quakers — Charter of 1662 — Royal commissioners — Acknowledgment of liberty of opinion — Report of Governor Leete, 1680 — Under James II. and William III. — First movements towards organized dissent — Episcopal Church at Stratford — Act of 1708 — Defection of Cutler and Johnson — Disorders — Church rates — “Act for ease of such as soberly dissent,” 1727 — The Great Awakening — Disturbances — New law for dissenters, 1743 — Distinction against Romanists — The Moravians at Sharon and Kent — Silenced and driven away — Protest of Zinzendorf — The “Separates,” or “New Lights” — Absence of theocratic ideal

More strict than Massachusetts — Eaton and Davenport — Settlement on the Quinnipac — “Civil Government according to God” — Constitution — Seven Pillars — Religious function of government — Unity of Church and State — “Blue Laws” — Franchise — New England Confederacy — “Jurisdiction” — Milford — Quakers — Drastic laws against them — Discontent with limited franchise — Union with Connecticut — Regicides — Davenport removes to Boston — Pierson founds Newark in New Jersey

Founded by exiles for conscience — “Agreement” for government — Wheelwright — Franchise — Religious establishment — Support of the Church — Union with Massachusetts — Quakers — Union dissolved, 1679 — New Hampshire becomes a royal province — Franchise given to “all Englishmen-Protestants” — Church support again — Governor Cranfield — Attempt to establish the Church of England — Persecution of Rev. Joshua Moody — Church a town establishment Not much legislation on religious matters — Method of choosing ministers — Religious tests — Legislature considers propriety of publishing a religious treatise

Modifications during the colonial period of the relations between Church and State

The Dutch West India Company — Settlement on Manhattan — Care of religion — Reformed Church established — Patroons — Quarrel on appointment of minister — Company exercise authority over churches and minister — Megapolensis — Bogardus — Stuyvesant — Toleration — Ann Hutchinson — Ministerial support — Stuyvesant dictates to ministers — Action against Lutherans — Baptism — Religious powers of a commercial company — Jews — Baptists — Act against “conventicles” — Persecution at Flushing — Harsh treatment of Quakers — John Bowne — English conquest, 1664 — Return of Dutch power in 1673-1674 — Evertsen and Colve — Their action in religious affairs — Fall of Reformed Establishment — Dutch privileges secured by treaty — The “Duke’s Laws” — Freedom and establishment — Proclamation of religious liberty by James II. — Andros — Right of presentation Struggle with the Dutch Church at Albany — Ordination of Tesschenmacker — “Charter of Liberties” — Beginning of effort to establish the Church of England — Dongan — Leisler — Romanists — Accession of William and Mary — Royal instructions to governors concerning churches — Oath of supremacy — Fletcher’s struggle with the legislature to obtain an act establishing the Anglican Church — Act of 1693 — Does not establish the Church of England — Fletcher’s anger — The act construed by the legislature — Collegiate Reformed Church charter — Incorporation refused to Lutherans and Presbyterians — Charter of Trinity Church — Lord Cornbury — His attempt to induct a minister in the Reformed Church at Kingston — Dictates to the Church of Kinderhook — Denounces heresy — The Jamaica Church — Patronage — Antonides and Freeman — Resistance of the former — Mackemie — His trial — Governor Hunter — King’s Farm — Hunter’s letters — Quakers — Moravians — Act against them — Governor Clinton — Waning power — The nondescript establishment — Its fall

Calvert — Maryland patent — Religious freedom — Power of proprietary — Intent of charter and of Baltimore — Character of Baltimore — Objections to the charter — Settlement — Clayborne — First assembly — Exclusion of clergy — “Body of Laws” — Church liberties — Clergy subjected to civil law — Protestant majority — Bennett — Romanist officials — Discontent — Act of Toleration — Non-Trinitarians excepted — Oath of fidelity — Puritan ingratitude — English commonwealth — Cromwell rebukes the Puritans — Quakers — Treachery of James II. — Writ against the charter — William III. — Puritan plot — Coode’s assembly — Charter revoked by William — Church of England established — Proscription of Roman Catholics — Non-conformity — Act of 1700 — Commissary Bray — His troubles — The clergy — Induction by the governor — No effective discipline — Restoration of Baltimore — Offer of a suffragan — Stipends — “Proclamation and Vestry Act” — Non-conformists — Quakers — Romanists — Act of 1704 — Not very effective

Settlement of Newark — The proprietaries — The “Concessions” — Quaker purchase of West Jersey — “The Jerseys” — West Jersey — Freedom of conscience — Civil rights — East Jersey — Limitations — Political turmoil — Government of the Crown — Romanists — Queen Anne — Instructions to Cornbury — Assumption of ecclesiastical power — Church of England never established in New Jersey — Quaker party — Quakers in office — Refuse to defend the colony — Colonel Quary — Lewis Morris — Governor Hunter — Act for relief of Quakers — The fiction of an establishment — Presbyterian Society — Charter granted

Oglethorpe — Charter — Religious freedom for all “except Papists” — No establishment — Care for religion — Charter voided in 1752 — Province assumed by the Crown — Church of England established

No State-Church at any time in fact or pretence — The Rhode Island conception of liberty broader than that of Pennsylvania — In both colonies the liberty of the individual complete

The fugitive Williams — Beginning — Letter to Mason — Providence Plantation — Design of foundation — Williams’s principle — His character — Rhode Island Settlement — Warwick charter — Code of laws — Dangers — Entrance to Confederacy denied — Hostility — Effort for new charter — Charles II. — Charter of 1663 — The “lively experiment” — Full liberty — Quakers — Pseudo-legislation against Romanists — Disorders

William Penn — Charter — Penn’s “Address” — The “holy experiment” — Frame of government — Religious restrictions — Faith in Jesus Christ necessary to the franchise — Assembly of 1682 — The “Great Law” — Enfranchisement of Romanists — Soon cut off by Test Oath of William — Penn in England — Legislature adopts the test — Naturalization — Pennsylvania narrower than other colonies — No persecution — Disarming Romanists — Absurdity of laws against Romanists

Delaware, a part of Pennsylvania, shared in her spirit and law — One instance of discrimination

The demand for an American Episcopate — Need of bishops — For discipline and ordination — Reformed Church dependent on Classis of Amsterdam — Differing relations to government — Civil status of the Church of England — Early demands for appointment of bishops — Episcopal supervision — Commissary — Clerical morals — Governor Hart of Maryland — Dean Swift — Church rates — Letters from the colonies — English sentiment — Johnson of Stratford — Dr. Mayhew against the Society for the Propagation of the Gospel — Archbishop Secker’s reply — Chandler’s “Appeal” — Answer by Dr. Chauncey — Newspapers — Reasons for opposition to bishops — Ulterior designs — The weak point in the plea — “Dissenters” — Southern colonies — Sympathy with both parties — Strange indifference of the authorities in England — Toryism — Prayers for the king — English cupidity and jealousy — Mingling of the question with that of political independence — Cessation of all opposition after the Revolution

Ready for complete severance — Contrasts — Rhode Island — Pennsylvania — Massachusetts — Virginia — Jonathan Edwards — His influence and character — The City of God — The Half-Way Covenant — The call of Grace — Overture of Colonial Congress to Quebec — Action of Virginia — Convention of 1776 — Bill of Rights — Legislation — Jefferson — Madison — Ministers’ salaries — Disestablishment — Effects — Support of religion — Appeal to the people — Madison’s “Memorial and Remonstrance” — “Declaratory Act” — Slander on Jefferson — Ordinance of 1787 — Action in New Hampshire — In Massachusetts — In Connecticut and Rhode Island — In New York — Romanists — New Jersey — Pennsylvania — Restrictions — Franklin — Delaware — Maryland — North Carolina — South Carolina — Christianity established — Remarkable provisions for the purity of religion — Georgia — Insists on Protestantism — The Constitution of the United States Debates thereon in state conventions — The first article of amendments

Limitations of the general government — Power of the separate states on the question — Action of the states after the adoption of the Federal Constitution — Virginia — The glebe lands — Connecticut — Political aspect of the question — Disestablishment — Protracted struggle in Massachusetts — Suits for recovery of tithes — Unitarianism — The Dedham case — Disestablishment — Pennsylvania — Religious tests abolished — New Hampshire — “Protestant Christians” — Delaware — South Carolina — Vermont

Author:	Cobb, Sanford H.
Title:	The Rise of Religious Liberty in America: A History
Citation:	New York: MacMillan, 1902
Subdivision:	Detailed Table of Contents (see also brief Table of Contents)
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