USA > Virginia > Old churches, ministers and families of Virginia, Vol. II > Part 47
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In testimony of the good faith with which we resolve to execute this association, we have this 27th day of February, 1766, in Virginia, put our hands and seals hereto.
Richard Henry Lee
William Sydnor
Will. Robinson
John Monroe
Lewis Willis
William Cocke
Thos. Lud. Lee
Willm. Grayson
Samuel Washington
Wm. Brockenbrough
Charles Washington
Saml. Selden
Moore Fauntleroy
Richd. Lee
Francis Lightfoot Lee
Daniel Tibbs
Thomas Jones
Francis Thornton, Junr.
Rodham Kenner
Peter Rust
Spencer M. Ball
John Lee, Jr.
Richard Mitchell
Francis Waring
John Upshaw
Joseph Murdock Richd. Parker
Meriwether Smith
Spence Monroe John Watts
Jas. Edmondson
Robt. Lovell
Jas. Webb, Junr.
John Blagge
John Edmondson
Charles Weeks
Jas. Banks
Willm. Booth
Smith Young
Geo. Turberville Alvin Moxley
Laur. Washington W. Roane
Wm. Flood
Rich. Hodges
Jas. Upshaw Jas. Booker
John Ballantine, Junr. William Lee
Thos. Roane
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Thos. Chilton
Richard Buckner
.
A. Montague Rich'd Jeffries
Jos. Pierce
John Suggett
John S. Woodcock
Robt. Wormeley Carter
John Beale, Junr.
John Newton
Wm. Bronaugh Wm. Peirce
John Berryman
John Dickson John Broone
Edwd. Sanford
Thompson Mason
Charles Chilton
Jona. Beckwith
Edwd. Sanford
Jas. Samford
Daniel McCarty Jer. Rush
John Belfield
Edwd. Ransdell
Townshend Dade John Ashton
Edgcomb Suggett
W. Brent
Henry Francks
Francis Foushee
John Bland, Junr.
John Smith, Jour. Wm. Ball Thos. Barnes
Jas. Emerson Thos. Logan
Jos. Blackwell
Ebenezer Fisher
Reuben Meriwether
Hancock Eustace
Edw. Mountjoy
John Richards
Wm. J. Mountjoy
Thos. Jett
Thos. Mountjoy
Thos. Douglas
John Mountjoy
Max. Robinson
Gilbt. Campbell Jos. Lane
John Orr.
No. VII.
SYNOPSIS OF ASSEMBLY ACTS RELATING TO THE PROTESTANT EPIS- COPAL CHURCH.
IT was my intention to have written an article on the last years of the Protestant Episcopal Church of Virginia, beginning with the Act of As- sembly in 1776, which suspended the salaries of the clergy, and ending
Will. Chilton John Williams
John Blackwell Winder S. Kenner
Will. Beale, Junr.
Chs. Mortimer
John Edmondson, Jr.
Charles Beale
Peter Grant
W. Smith John Augt. Washington
Thos. Belfield
Jo. Milliken
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with that which confiscated the glebes, in 1802. But I find the same so much better done in this and the two following numbers of this Appendix that I cannot hesitate between them. The summary of Acts and Memo- rials has been furnished me by my young friend, Mr. John Eston Cooke, of Richmond, Virginia, who, with great care, has examined all the docu- ments on the subject which are laid up in the archives of the State, and presented the following result, for which my readers, as well as myself, will owe him many thanks :-
1. The first Act aimed at the Established Church was passed at a Gene- ral Assembly begun and held at the Capitol, in Williamsburg, on the 7th October, 1776,-the first year of the Commonwealth. This Act is inte- resting in an historical point of view, as the first public exhibition of the dislike of a large class of the community for the English Establishment. After reciting that much doubt existed touching the application of the laws of Parliament upon religious matters to the Commonwealth of Virginia, the Act proceeds to declare that all such laws "which render criminal the maintaining any opinions in matters of religion, forbearing to repair to church, or the exercising any mode of worship whatsoever, or which pre- scribe punishments for the same, shall henceforth be of no force or validity in this Commonwealth." After the passage of the Act, "all dissenters, of whatever denomination, from the said Church, shall be totally free from all levies, taxes, and impositions whatever, toward supporting and main- taining the said Church, as it now is or hereafter may be established, or its ministers." It is nevertheless provided that the vestries of the different parishes shall levy and assess upon the tithables, including dissenters, as before, all the salaries and arrearages due the ministers up to the first of the ensuing January. These assessments are also directed where the ves- tries, counting upon them, have made engagements; and the former pro- visions for the poor are directed to be continued, conformist and dissenting tithables contributing.
The fourth section reserves to the Church her glebe lands held at the time, her churches and chapels built or then contracted for, and all books, ornaments, and decorations used in worship; also, all arrearages of money or tobacco then due, and the "perpetual benefit and enjoyment" of all private donations.
The Act winds up with directions for taking a list of tithables, and ends by declaring that the old law of 22 George II., for the payment and support of the clergy, should be "suspended" until the termination of the next General Assembly.
The Assembly contented itself thereafter for several years with affirming simply this "suspension" of the old law
2. But at the session commencing October, 1779, it distinctly erased the old statute, declaring that this and "all and every other Act or Acts providing salaries for the ministers, and authorizing the vestries to levy the
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same, shall be, and the same are hereby, repealed." The former provisions are made, however, for arrearages of salary, the performance of engage- ments, and the support of the poor. For these purposes all tithables, whether conformists or dissenters, are to be levied upon as before.
3. There was no new legislation then until the year 1784. In that year, in compliance with the petitions of the clergy, the Church was incorporated under the name of "The Minister and Vestry of the Protestant Episcopal Church"-in each parish. They were to hold and enjoy all which the old Act of 1776 permitted them to possess, and could sue or be sued like other corporations. An exception is made in the case of the glebe in the county of Augusta, where, until the Church was organized, the overseers of the poor were to receive and apply the proceeds for the repairing of the church, the grounds, &c., and the support of the poor.
The second clause directs that the vestries shall decide by vote,-the minister voting with the rest, and having no negative voice.
The third clause grants to the minister and vestry power to receive and hold every species of property, real and personal, for the Church, and to improve it as they think best; but the Church cannot derive from these tenements, in any case, more than eight hundred pounds income. They may use these proceeds in any manner they desire for the cause of religion and education.
The other clauses direct that the vestry shall consist of twelve "able and discreet men," to be elected by the members of the Church, "every third year forever;" that they shall, with the minister, present to the county court, triennially, a statement of all property held, real or personal, by the Church, verified by oath, failing to comply with which they shall forfeit to the Commonwealth one hundred pounds, and in case of further contumacy cease to be a body corporate. If the annual revenue exceeds eight hun- dred pounds, the subject shall be laid before the Assembly.
The Act ends by repealing all former laws touching the internal govern- ment of the Church, its liturgies, mode of worship, fasts, festivals, &c. All such are to be decided by Conventions, in which are vested all the powers of discipline, change, and general government.
At this same term of 1784, the vestry of South Farnham parish, in Essex, were declared "dissolved," having supplied vacancies in their body without consulting the freeholders. These latter were directed to meet and elect a vestry.
4. The foregoing is a summary of the Acts of the General Assembly touching the Established Church up to the time of the passage of the "Act for establishing Religious Freedom." This was passed December 16, 1785, and need not be recited.
5. In January, 1799, the Assembly declared that all the old legislation, above recited, in which the existence of a Governmental Church was di- rectly or indirectly recognised, should thenceforth be repealed; that no such Establishment had legally existed since the Commonwealth; and that
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the Act of "Religious Freedom" was the true exposition of the Bill of Rights and the Constitution.
6. The final legislation of the General Assembly was the Act "Con- cerning the glebe-lands and churches within the Commonwealth," passed January 12, 1802. The preamble declares that the Act of 1799, just referred to, "recognises the principle that all property formerly belonging to the said Church, of every description, devolved on the good people of this Commonwealth, on the dissolution of the British Government here, in the same degree in which the right and interest of the said Church was derived therein from them." The Assembly does not wish, however, to "disturb the possession of the present incumbents," though it has the "right of authorizing a sale of all such property indiscriminately." There- fore the overseers of the poor shall only sell such glebe-lands as are vacant or shall become so. Leases granted by the former officers of the Church shall be respected; but the overseers shall sue for and recover all moneys due from tenants, and shall receive all other moneys to which the Church is entitled. The proceeds of the sales, &c., shall be in all cases appropri- ated by the overseers for the benefit of the poor, or for any other purpose which a majority of the freeholders may elect: Provided, that these appropriations shall not be for "any religious purpose whatsoever."
Nothing in the Act, however, shall authorize a sale of the churches and their fixtures, furniture, or appliances, or the churchyards, nor affect any private donation prior to January 1, 1777, for Church or other purposes, where there is any person in being entitled to take the same, or affect the property of any kind "acquired by private donations or subscriptions by the said Church since the date last mentioned."
From the Manuscript Journal of the House of Delegates, 1773-74, and Manuscript Archives.
Thursday, the 12th of May, 14 George III., 1774 .- " A petition of sundry persons of the community of Christians called Baptists, and other Protestant dissenters, whose names are thereunto subscribed, was presented to the House and read, setting forth that the toleration proposed by the bill, ordered at the last session of the General Assembly to be printed and published, not admitting public worship except in the daytime, is incon- sistent with the laws of England, as well as the practice and usage of the primitive Churches, and even of the English Church itself; that the night season may sometimes be better spared by the petitioners from the neces- sary duties of their callings, and that they wish for no indulgences which may disturb the peace of Government," &c.
The action of the House not discoverable.
On the 17th May, 1774 .- "A petition of several members of the Pres- byterian Church, in the county of Bedford, setting forth that many well- disposed persons of their community had made contributions, to which
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others are willing to add, for supporting their clergy in a method more convenient than the ordinary one by subscription, but that the pious in- tentions of such benefactors cannot be effectually carried into execution, the elders of the Church not being incorporated so as to be capable of taking and holding land and slaves for the use of the ministers, and there- fore praying that the said elders may be enabled to take and hold land and slaves to such uses, under proper regulations."
No action, owing to political matters.
May 14, 1774 .- " The vestry of the parish of Frederick ask leave to levy on the tithables, for the minister's salary, "one hundred and fifty pounds of current money of Virginia, in lieu of the tobacco and cask and the legal allowance for shrinkage."
The petition is granted,-Mr. Wood, Mr. Edward Pendleton, and Mr. Zane being directed to prepare the bill
On May 23, 1774 .- The petitions of sundry inhabitants of the county and parish of Augusta, representing that "the parish is upward of ninety miles long and near eighty miles wide, and that there are between three and four thousand tithables in it, and but one church; therefore praying it may be divided."
On May 24, 1774 .- "Ordered, That the members of this House do attend in their places at the hour of ten in the forenoon, on the first day of June next, in order to proceed with the Speaker and the mace to the church in this city, and that the Rev. Mr. Price be appointed to read prayers and the Rev. Mr. Gwatkin to preach a sermon suitable to the occasion."
Richard Henry Lee is to request Mr. G. to comply. Mr. G. has "a disorder in his breast," and Mr. Price preached. This was the day ap- pointed by Parliament for the closing of Boston Harbour.
Many petitions ask the dissolution of vestries for malfeasance of various sorts,-that parishes may be altered, &c.
The first great Act aimed at the perpetuity of the Established Church was passed at the session commencing in October, 1776. I find a very striking paper among the archives, which seems to have had a large share in the passage of the subsequent Act. It is labelled "Dissenters' Pet'n, 1776, Oct. 24. Ref'd to Com. of Religion."
The petition is as follows :-
"TO THE HONOURABLE THE GENERAL ASSEMBLY OF VIRGINIA :-
"The memorial of the Presbytery of' Hanover humbly represents, That your memorialists are governed by the same sentiments which inspire the United States of America, and are determined that nothing in our power
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and influence shall be wanting to give success to their common cause. We would also represent that the dissenters from the Church of England in this country have ever been desirous to conduct themselves as peaceable members of the civil government, for which reason they have hitherto sub- mitted to several ecclesiastic burdens and restrictions that are inconsistent with equal liberty. But now, when the many and grievous oppressions of our mother-country have laid this continent under the necessity of casting off the yoke of tyranny and of forming independent governments upon equitable and liberal foundations, we flatter ourselves that we shall be freed from all the encumbrances which a spirit of domination, prejudice, or bigotry hath interwoven with most other political systems. This we are the more strongly encouraged to expect by the Declaration of Rights, so universally applauded for that dignity, firmness, and precision with which it delineates and asserts the privileges of society and the prerogatives of human nature, and which we embrace as the magna charta of our Com- monwealth, that can never be violated without endangering the grand super- structure it was destined to sustain. Therefore we rely upon this Declara- tion, as well as the justice of our honourable Legislature, to secure us the free exercise of religion according to the dictates of our consciences ; and we should fall short in our duty to ourselves and the many and numerous con- gregations under our care were we upon this occasion to neglect laying before you a statement of the religious grievances under which we have hitherto laboured, that they no longer may be continued in our present form of government.
"It is well known that in the frontier-counties-which are justly sup- posed to contain a fifth part of the inhabitants of Virginia-the Dissenters have borne the heavy burdens of purchasing glebes, building churches, and supporting the Established clergy, where there are very few Episcopa- lians, either to assist in bearing the expense or to reap the advantage; and that throughout the other parts of the country there are also many thou- sands of zealous friends and defenders of our State who, besides the invidious and disadvantageous restrictions to which they have been subjected, annually pay large taxes to support an Establishment from which their consciences and principles oblige them to dissent,-all which are confessedly so many violations of their natural rights, and in their consequences a restraint upon freedom of inquiry and private judgment.
"In this enlightened age, and in a land where all of every denomination are united in the most strenuous efforts to be free, we hope and expect that our representatives will cheerfully concur in removing every species of re- ligious as well as civil bondage. Certain it is, that every argument for civil liberty gains additional strength when applied to liberty in the con- cerns of religion; and there is no argument in favour of establishing the Christian religion but what may be pleaded with equal propriety for establishing the tenets of Mahomed by those who believe the Alkoran; or if this be not true, it is at least impossible for the magistrate to adjudge
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the right of preference among the various sects that profess the Christian faith, without erecting a chair of infallibility, which would lead us back to the Church of Rome.
"We beg leave further to represent that religious establishments are highly injurious to the temporal interests of any community. Without insisting upon the ambition and the arbitrary practices of those who are favoured by Government, or the intriguing, seditious spirit which is com- monly excited by this as well as every other kind of oppression, such esta- blishments greatly retard population, and, consequently, the progress of arts, sciences, and manufactures. Witness the rapid growth and improve- ment of the Northern Provinces compared with this. No one can deny that the more early settlement and the many superior advantages of our country would have invited multitudes of artificers, mechanics, and all other useful members of society to fix their habitation among us, who have either remained in the place of their nativity, or preferred worse civil government and a more barren soil where they might enjoy the rights of conscience more fully than they had a prospect of doing it in this. From which we infer that Virginia might have now been the capital of America and a match for the British arms, without depending upon either for the neces- saries of war, had it not been prevented by her religious Establishment.
"Neither can it be made appear that the Gospel needs any such civil aid. We rather conceive that when our blessed Saviour declares his king- dom is not of this world he renounces all dependence upon State power; and, as his weapons were spiritual, and were only designed to have influence upon the judgment and heart of men, we are persuaded that if mankind were left in the quiet possession of their unalienable religious privileges, Christianity, as in the days of the apostles, would continue to prevail and flourish in the greatest purity, by its own native excellence and under the all-disposing providence of God.
"We would also humbly represent that the only proper objects of civil government are the happiness and protection of men in their present state of existence, the security of the life, liberty, and property of the citizens, and to restrain the vicious and encourage the virtuous, by wholesome laws equally extending to every individual; but that the duty which we owe our Creator, and the manner of discharging it, can only be directed by reason and conviction, and is nowhere cognizable but at the tribunal of the Universal Judge.
"Therefore we ask no ecclesiastical establishment for ourselves, neither can we approve of them when granted to others : this, indeed, would be giving exclusive or separate emoluments or privileges to one set (or sect) of men, without any special public services, to the common reproach or injury of every other denomination. And, for the reasons recited, we are induced earnestly to entreat that all laws now in force in this Commonwealth which countenance religious domination may be speedily repealed,-that all of every religious sect may be protected in the full exercise of their
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several modes of worship, and exempted from all taxes for the support of any Church whatsoever, further than what may be agrecable to their own private choice or voluntary obligation. This being done, all partial and invidious distinctions will be abolished, to the great honour and interest of the State, and every one be left to stand or fall according to merit, which can never be the case so long as any one denomination is established in preference to others.
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"That the Great Sovereign of the universe may inspire you with unani- mity, wisdom, and resolution, and bring you to a just determination on all the important concerns before you, is the fervent prayer of your memorialists. " Signed by order of the Presbytery.
"JOHN TODD, Moderator. "CALEB WALLACE, P. Clerk."
On June 3, 1777, the Presbytery of Hanover petitioned the Assembly again. Thanking it for the late Act, (of 1776,) they proceed to remonstrate against "a general assessment" which was left to be decided by the next Assembly. If the Legislature have any power over religion and its mi- nisters, it has all power, and might oppress and enslave. The memorialists declare that these consequences are " so entirely subversive of religious liberty, that, if they should take place in Virginia, we should be reduced to the melancholy necessity of saying, with the apostles in like cases, 'Judge ye whether it be best to obey God or man,' and also of acting as they acted."
Nov. 28, 1777 .- The petition of the inhabitants of Christ Church parish, in the county of Lancaster, says that in 1759, by an Act of As- sembly, a new vestry was elected in the parish, but death has now reduced them to four. These four have "elected into that office a person whom we think not friendly to the glorious cause we are now engaged in; and, as we are now declared a free and independent people, we think we have a right to the choice of a new set of rulers." They therefore pray a disso- lution of the tory vestry and power to elect a new one. This petition is signed by one hundred and twenty-eight persons, apparently the principal men of the county. A counter-petition is filed, signed by seven persons, declaring that the vestryman in question-Mr. William Montague-is not a tory, though he had been so considered, and praying a refusal of the petition to dissolve the body. But the vestry was dissolved."
On the 26th November, 1778, various inhabitants of King William county (Protestant Episcopal) petition and say that the Act suspending the salaries of clergymen was regarded as temporary : they hope some provision will be made. They do not wish conscientious Dissenters to contribute to the support of the Church; "that men of such principles and persuasions should be exonerated from the support of a clergy so different
.
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in point of worship from them, must be confessed by all to be just and reasonable." The clergy are, however, men of real merit and fine educa- tion, and deserve some assistance from the Legislature. The Dissenters are declared to be, often, men of " disorderly and dissipated lives," who seduce the poor from their labour and negroes from their duties.
This memorial was " deferred" to the next Assembly.
Petitions from Amherst, Culpepper, Caroline, &c. for a general assess- ment. This last-Caroline-memorial, (Episcopal,) of date December 5, 1777, states that the memorialists "have seen an Act of the last session of Assembly, by which dissenters from the Church of England are ex- empted from all levies for the support of the said Church or its ministers, and highly approve thereof, as founded on principles of justice and pro- priety, and favourable to religious liberty : at the same time they beg leave to suggest that as, in their opinion, public worship is a duty we owe the Creator and Preserver of mankind, and productive of effects the most beneficial to society, it ought to be enjoined and regulated by the Legis- lature, so as to preserve public peace, order, and decency, without pre- scribing a mode or form of worship to any." It then declares that the voluntary-contribution system will cause difficulties between the clergy and people and discourage men of genius and injure religion. A general assessment is then prayed.
December 2, 1778, referred to next session.
November 6, 1778 .-- Sundry (Episcopal) inhabitants of the county of Cumberland declare that the Dissenters are seducing the ignorant and sowing "discontent between husbands and their wives." They have " seen meetings in the night of our slaves, without our consent, which could produce nothing but deeds of darkness," and the Dissenters had produced "disobedience and insolence to masters." They "wish to see a well-regulated toleration established," that men "may be permitted to serve God in their own way, without molestation. . .. But we wish also that these nightly meetings may be prohibited under severe penalties." Lastly, they pray that " some regulation may be adopted to make the clergy of the Established Church accountable for their conduct, and be removed for their misbehaviour."
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