A Publication of Separation of Church and State Law Ministry.
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Copyright © March 2, 2018
Virginia “was founded by members of the Church of England and none others were tolerated in its jurisdiction.” The Episcopal church, the Church of England, in Virginia was established from the founding of Jamestown in 1607.
- “It was known, also, as the ‘Established Church,’ because it was made, by legal enactment, the church of the State and was supported by taxation. Not only so, but it was designed to be the established church, to the exclusion of all others. Rigid laws, with severe penalties affixed, were passed, having for their object the exclusion of all Dissenters from the colony, and the compelling of conformity to the established, or State, religion. Even after the Revolution of 1688, which placed William and Mary upon the throne of England and secured the passage of the ‘Act of Toleration’ the following year, the ‘General Court of the Colony’ of Virginia construed that act to suit themselves, and withheld its benefits from Dissenters … until they were compelled to yield to the force of circumstances.”
The Church of England was stronger in Virginia than in any colony.
In Virginia, the established Anglican church was controlled by the state, unlike in New England where the established church controlled the state. From the beginning of the colony, the “company knew not how to control the members composing the colony but by religion and law.” The original “Lawes Divine, Moral and Martial” which were decreed in 1612, were severe. Speaking impiously of the Trinity or of God the Father, Son, or Holy Spirit, blaspheming God, incorrigibly cursing, a third failure to attend religious services, and a third “Sabbath-breaking,” were punishable by death. Other spiritual offenses were punished by whipping and other penalties.
Upon appeal to England, these laws were repealed. The laws enacted in support of the Anglican establishment were less severe. Still, the Anglican church was established (and this establishment continued until the revolution with one short interruption), nonattendance at church services was the subject of fines, the payment of tithes were mandatory, every parson was entitled to the glebe—a piece of land—parish churches were built by taxes, and ministers were required to “conform themselves in all things according to the canons of the Church of England.”
“Puritan clergy were banished for failing to conform to Anglican services; Quakers [and Baptists] were fined, imprisoned, and banished. Catholics were disqualified from public office, and any priest who ventured to enter the colony was subject to instant expulsion. Penalties were imposed on those who having scruples against infant baptism, neglected to present their children for that purpose.”
A 1643 law forbade anyone to teach or preach religion, publicly or privately, who was not a minister of the Church of England, and instructed governor and council to expel all nonconformists from the colony. In 1643, three Congregationalist ministers from Boston were forced to leave the colony. Also in 1643, “Sir William Berkeley, Royal Governor of Virginia, strove, by whippings and brandings, to make the inhabitants of that colony conform to the Established church, and thus drove out the Baptists and Quakers, who found a refuge in … North Carolina.” Quakers first came to Virginia in “1659-60, and … the utmost degree of persecution was exercised towards them.” “During the period of the Commonwealth in England, there had been a kind of interregnum as to both Church and State in Virginia; but in 1661, the supremacy of the Church of England was again fully established.” Only ministers of the Church of England were permitted to preach, and only ministers of that church could “celebrate the rites of matrimony,” and only “according to the ceremony prescribed in the Book of Common Prayer.”
 John T. Christian, A History of the Baptists, Volume I, (Texarkana, Ark.-Tex.: Bogard Press, 1922), p, 381.
 Charles F. James, Documentary History of the Struggle for Religious Liberty in Virginia (Harrisonburg, VA.: Sprinkle Publications, 2007; First Published Lynchburg, VA.: J. P. Bell Company, 1900), pp. 10-11.
 Ibid., p. 17.
 See Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 69 for the text of this law.
 Ibid.; see also James, pp. 17-20 for a more comprehensive overview of the laws of Virginia which provided for religious persecution and the established church.
 William L. Lumpkin, Baptist Foundations in the South (Eugene, Oregon: Wipf & Stock Publishers, 2006), p. 105.
 James, pp. 17-20.