Establishment

in Colonial Virginia

Church and State United

Jim Hill

California State University San Bernardino

JamesTown 1607

James Citty 1684

Scenario• The case(s) before the court: Ship’s Captain George Davies landed his ship Mary & John at James Citty (Jamestown) on

Wednesday, June 11, 1684. Bound for the newly established (1682) colony of Pennsylvania, Davies’s ship carried 16 Quakers (10 adults, 4 children, 2 infants) with their personal goods along with a cargo of iron nails to be used in construction in the new town of Philadelphia. Once there, Davies intended to load foodstuffs for Charles Towne (South Carolina), and return from Charles Towne to Plymouth, England, with timber and indigo as cargo.

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• Caught briefly in a hurricane, the ship was blown off course and lost two of three masts and made landfall near the James River, arriving at Jamestown.

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• After landing, the Quakers found temporary lodging at a nice inn, as did Captain Davies and his 1st officer. The ship’s crew found lodging in a less desirable part of the town. Captain Davies engaged several fellow lodgers in conversation after dinner, in the course of which he casually asked if a Puritan minister were in residence in the colony, as the Captain, a Scot Presbyterian, would prefer to attend that church service. This request of the Captain was reported by his fellow lodgers to the town constables, who arrested him.

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• On Saturday, June 14th, some ship’s crew members went to a ‘public house’ or tavern to celebrate their safe landing. After downing considerable amounts of ale, the sailors angered some of the local residents at the tavern and a large fight ensued. Town constables arrived to break up the fight, and in the process, several of the ship’s crew were heard to shout and curse and use profanity. Three crew members were arrested and taken to jail.

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• On Sunday June 15th, members of the crew who had been at the tavern but had not been arrested the night before slept in late, and missed the Sunday morning church services held at the several churches of England located in the city. Three more crew members were discovered working on ship repairs on Sunday June 15th. All were arrested and taken to jail.

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• At the same time the crew was missing church, the Quakers had gathered in the dining room of the inn at which they were staying to hold a Quaker devotional meeting. The inn owner reported this illegal meeting immediately to the town constables. The Quakers were arrested and taken to jail.

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Trial: Short Version

1) Three tables get one set of laws. Other tables are Governor’s Council and House of Burgesses

2) Each of first three tables gets one or one set of characters to charge (ship captain, Quakers, ship’s crew)

3) Each table determines what laws were broken by its characters

4) Each table reviews for the Governor and Council the punishments and fines for its character(s)

5) House and Council vote on punishments

1) De Brief

Jamestown and 17th Century Virginia Legislation Regarding Religion

(Summarized and translated into 21st century English; some spellings left in original)

• Directives from King James and the first royal governors were later reinforced and expanded by legislation passed by the Virginia House of Burgesses beginning in the year of its establishment, 1619.

• Four categories of legislation are summarized here: •

• First, the Church of England, the established church in England, was to be the established (state supported) and only church in Virginia. As years went on, legislation specifically excluded and required the removal of Puritans, Quakers, other Protestant groups, and (of course) Catholics, who had moved into sections of Virginia.

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• Second, all colonists were subjects of the Crown and were required to attend church services daily and twice on Sundays.

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• Third, criticism of church or state was forbidden. •

• Fourth, proper behavior as defined by the church was to be enforced by the officers of the Crown and all local magistrates and officials.

Group One: The Church of England is ‘established’ as the Church in Virginia

Directive from King James: …. November 20, 1606: “We…require the said presidents and councils…of the several colonies…that the true work, and service of god and Christian faith be preached…according to the doctrine, rights, and religion now professed and established within our realm of England….

Orders from the Royal Governors (1610 and 1611):

“All preachers shall…duly preach every Sabbath day in the forenoon, teach in the afternoon, and weekly say the divine service, twice every day and preach every Wednesday…,”

“All preachers shall every Sabboth day read all these laws and ordinances…”

{Every man or woman now present or who will arrive} shall give up an account of his and their faith, and religion…to the minister

{who shall decide if the person needs more instruction}; if they refuse…they will be whipped each day until they agree to

instruction by the minister….”

Legislation from the Virginia House of Burgesses (founded 1619)

1619: “All ministers shall read divine service…according to the Ecclesiastical laws and orders of the Church of England….”

1624: “That there be uniformity in our church as near as may be to the canons in England, but in substance and circumstance, and all persons yield ready obedience to them….”

1632: “It is ordered, that there by uniformity throughout this colony…to the canons and constitution of the Church of England….”

1643: “…No popish recusants *Catholics+ should at any time…,assemble- in any public place… and…any popish priest that shall arrive shall ,not be allowed- to remain above five days…”

“…All ministers…are to ,conform- to the orders…of the Church of England…and not…teach or preach…and ,those who do not- be compelled to depart the colony….”

[Note: This was aimed at Puritans in particular, who were Church of England in name but did follow church practice}]

Legislation, continued

1647: “…All ministers…read such prayers as are appointed and prescribed unto them by the Book of Common Prayer….”

1660: “…An unreasonable and turbulent sort of people, commonly called Quakers…teaching…lies, false visions, prophicies and doctrines…attempting thereby to destroy religion, law, communites…disturbing the public peace…it is enacted that no ,ship captain-…bring…into this colony any person called Quakers, under the penalty of one hundred pounds sterling…That all such Quakers…shall be imprisoned without bail…till they…depart the colony ,any such returning a third time- shall be felons *meaning the death penalty+…..No person …shall…permit in or near his house any assembly of Quakers in the like penalty of one hundred pounds sterling….”

Group Two: Virginians required to attend church services

Orders from the Royal Governors (1610-11)

“Every man and woman twice a day shall…,go to- the church to hear

divine service…upon pain of losing the day’s pay for the first {offense}, whipping for the second, and to be condemned to

the galleys , ships - for the six months”

“Every man and woman on the Sabbath day shall ,attend- sermons as well as afternoon divine service. Upon pain…of losing a week’s pay for the first offense, for the second also to be whipped, for the third to suffer death.”

Legislation from the Virginia House of Burgesses

1619: “ All persons…upon the Saboth day shall {attend} divine service

and sermons both forenoon and afternoon….”

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`1624: “ whoever misses a divine service shall forfit a pound of tobacco, and whoever ,misses- for a month…shall forfit 50 pounds

of tobacco.

1629: *Adding to the 1624 law above, that+ “the Saboth day be not be profaned working in any employments or by journeying from place to place.”

1661/2: [Adding to the 1629 law above, that in addition to the fines for non attendance+, “…Quakers or other recusants who out of nonconformity to the Church absent themselves…shall pay for every month’s absence twenty pounds

sterling…and for unlawful assemblies be fined 200 pounds of tobacco for each time they attend such…one half of the fine being paid to any informer.”

Group Three: No criticism of church beliefs or church or state officials is allowed

Orders from the Royal governors (1610-11)

“No man shall speak impiously or maliciously against the holy trinity…oragainst the Articles of the Christian Faith [Note: The 39 Articles of theChurch of England, established by King Henry VIII] upon pain of death.”

“No man blasphene god’s holy name upon pain of death, or…curse….”

“No man shall use any traitorous words again his Majesty, or royal

authority upon pain of death.”

“No man shall speak.derision of God’s holy word upon pain of

death, nor…demean…any Minister….”

“No person…shall…detract…or utter unfitting speech against

…{royal governors and councils or officers, or their pronouncements,

said authority having been placed in their positions by God};

to be whipped three times for the first offense, sent to the galley for three

years for the second, and sentenced to death for the third.”

Group Four: Proper behavior as defined by the church is required by the state (legislation)

1661: “That the Lords day be kept holy, and no journeys be made on that day….”

1675/6: “If any shall blaspheme the name of God…shall run the gauntlet [Note: Running between two parallel columns of soldiers, about 50 in each, while the soldiers try to hit the runner with clubs and whips+, they that persist…shall be bored through the tongue with a hot iron….”

Simulation De-Brief

Upon completion of the trial, students need to reflect and discuss what they have learned about the nature of establishment in early colonial Virginia, understanding that most colonies (except for Rhode Island and Pennsylvania) had similar legislation.

• Possible discussion and/or short essay topics:

• What was the most important new thing did you learn about the meaning of established church in colonial Virginia?

• Who among the various people in the simulation did you most sympathize with? Most disagree with? Why, in each case?

• In the Constitutional Convention of 1787, the delegates decided to have the new government as defined in the Constitution avoid the topic of religion altogether and decided the new United States would not have any established church. What actions and decisions in the course of this trial simulation might have influenced their thinking in that direction?

• The British colonies were quite religiously diverse. What has changed in the United States over the years regarding religious diversity?

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