The colony of Virginia, after the protective and guiding influence
of the Virginia Company was taken away, found itself
in an almost impossible situation so far as religious organization
was concerned. The leaders of colonial life realized all the more
clearly as time passed that King Charles I, who succeeded his
father King James I in 1625, was not the least interested in the
religious welfare of the colony. America was entirely outside the
bounds of any diocese or province in England, and consequently
there was no bishop of a diocese, or archbishop of a province
with any personal responsibility for the guidance or help of the
parishes which were being organized in the colony. The Church
in Virginia was left to itself to live or to die. It believed, according
to the teachings of the Church, that bishops were necessary
for the ordination of men to the ministry and for the performance
of the spiritual rite of confirmation, whereby alone under the
law of the Church of England baptized Christians could be admitted
to the sacrament of the Holy Communion. A bishop was
also necessary for the organization and leadership of a diocese,
which was the governing body to which every parish and congregation
must belong. But no bishop was ever sent by the
Church of England to Virginia or to any other part of America
throughout the entire colonial period.
The lack of a bishop left the Anglican Church, which was
the Established Church of the whole colony, unable to organize
for the enactment of its own laws or the management of its own
affairs. There being no diocesan organization the clergymen in
charge of parishes had no ecclesiastical authority over them. That
fact tended to have the effect of making each incumbent clergyman
a virtually free lance with no responsibility to an ecclesiastical
superior nor community of fellowship with other clergymen
in the colony. This condition continued until near the end of
the century.
The General Assembly of Virginia followed the example of
the Parliament of England and asserted legislative authority by
laws for the temporal government of the Church. It divided the
occupied territory of the colony into parishes and it established
new parishes as settlement extended steadily to the westward.
Because of this fact there was never any section which was not
part of a parish, and the usual rule when a new county was to
be created was to establish a new parish covering the territory
of the proposed county before the county was created. Church
buildings might be far apart in new parishes, but no section of
Virginia in which English people were settling was without the
established forms of religious worship.
The General Assembly enacted laws directing the election of
laymen in every parish as the governing body of the parish in
temporal affairs. That group was called the "Vestry." It had authority
to buy land for churches, churchyards and glebe farms,
to erect church buildings and to build glebe-houses as residences
for ministers. It was also charged with the care of the poor and
the destitute sick, and orphaned children within the parish,
with the duty of providing new homes for these children in responsible
families. The money to pay for the land, the buildings,
the care of the sick and needy, the salary of the minister, and
other parish needs was collected from the parishioners through
an annual "tithe" of so many pounds of tobacco per poll. The
vestry upon occasion also had certain civil duties not within the
scope of religious organization.
The setting up of a vestry of laymen as temporal head of the
Church in a parish or congregation was first developed in Virginia.
It was extended later to other colonies as the Anglican
Church spread through them all, and it came over into the life
of the Protestant Episcopal Church in the United States. Great
as the value of the vestry has been to the whole Episcopal Church,
the vestry in Virginia was of still greater value, for by its extension
to other colonies and states it has given one of its most distinctive
features to the Church of today.
In England, with the exception of some few parishes formed
within the past century or so, no parish has the right to elect
its own rector. The rector is usually appointed by some institution
or individual vested with that authority which is called
"the advowson of a parish."
Moreover, no diocese in the Established Church of England
has the power to select its own bishop. The King as temporal
head of the Church appoints the bishops of all dioceses, and that
power is exercised for the King by his prime minister. And during
the colonial period in America the Governor of every colony
other than Virginia and Pennsylvania appointed the rector of
every Anglican parish and inducted him into office.
In Virginia the vestries of the parishes fought Governor after
Governor until they won the right for the vestry itself to choose
the minister to serve in its parish. That right has extended
throughout the Episcopal Church today and has gone further
so that today the laity of the Church have the right to representation
in all diocesan conventions and councils, and in the general
convention of the Church. Thus the laity have their part
in every election of a clergyman to become the bishop of a
diocese.
In the seventeenth century the General Assembly also put
into effect in Virginia the constitutions and canons of the province
of Canterbury "as far as they can be put into effect in this
country." The General Assembly thereby made the "doctrine,
discipline and worship" of the Anglican Church of England that
of the Church in Virginia as far as it could be done without a
bishop.
That was as far as the General Assembly could go. Throughout
all the seventeenth century the Established Church of Virginia
consisted of a group of parishes without connection with each
other and without central spiritual authority. There was therefore
no actual power of discipline, either of clergymen or laymen.
The situation was made all the more difficult because there
was no sure way to secure ministers. When a parish became
vacant some layman in the parish would have to write to his
business agent in England, or to some friend or relative there
and ask that he find a clergyman who would come to Virginia.
Parishes, when they became vacant, remained vacant as a rule
for a year or more; sometimes very much more. The vestries early
adopted the custom of appointing godly laymen as readers whose
duty it was to assist the minister by leading the congregation
in the responses in the Church service, and in raising tunes for
the singing of metrical version of the Psalms. Later, when it
was found desirable to erect chapels of ease in populous parishes,
enough readers were appointed in every parish to permit one
of them to hold morning service each Sunday in each place of
worship throughout the parish, while the minister went his
usual round of service in each church or chapel upon regular
schedule. Except in remote chapels the custom was to have service
each Sunday in every church or chapel.
The reader was authorized to conduct morning and evening
prayer and to read a printed sermon, or a "homily." He could not
celebrate the sacrament of Holy Communion. Rather frequently,
and especially during the era of the Commonwealth and the
reign of Charles II, several adjoining parishes would be vacant
at the same time; and at one time about the end of the Commonwealth
period the statement was made that there were only
some ten clergymen in Virginia to serve fifty parishes. Under
such circumstances the reader was called upon to perform many
duties. He might baptize a dying child, conduct a funeral, or
perform a marriage ceremony.
There was also in those early days no way of screening out
unworthy men who appeared occasionally as clergymen in the
colony; men who perhaps had been forced out of parishes in
England because of immorality or drunkenness; and occasionally
men with forged credentials. Such men were occasionally appointed
to parishes by vestries who had no way of learning their
true status; and if the man was thenceforth morally decent and
had no great fault except occasional drunkenness, he would be
allowed to stay on because of the need of a priest to celebrate the
sacraments.
The vestries protected their parishes from unworthy clergymen
by the uncanonical appointment of a minister as incumbent
of a parish for a year at a time, rather than present him canonically
to the Governor of the colony for induction into the rectorship
of the parish. Under the law of England, and under the law of
the Church of England, no rector could be forced out of a parish
after induction except after an ecclesiastical trial by the bishop
or his commissary.
In 1656 John Hammond published a pamphlet entitled Leah
and Rachel, extolling the attractiveness of Virginia and Maryland
as places of residence at that time. He described vividly
the difficulties which the older colony had suffered in the earlier
years of Charles I. He wrote:
They then began to provide and send home for Gospel ministers,
and largely contributed for their maintenance. But Virginia savouring
not handsomely in England, very few of good conversation would adventure
thither, (as thinking it a place wherein surely the fear of
God was not), yet many came, such as wore black coats, and could
babble in a pulpet, roare in a tavern, exact from their parishioners,
and rather by their dissolutenesse destroy than feed their flocks.
Loath was the country to be wholly without teachers, and therefore
rather retain these than to be destitute; yet still endeavours for better
in their places, which were obtained, and these wolves in sheeps
cloathing, by their Assemblies questioned, silenced, and some forced
to depart the country.
Another problem which the Church faced in Virginia resulted
from the character of the immigrants who came to the colony.
It is a well established fact that the men who came in three
ships to Jamestown in 1607 were from various strata of society
in England. They all entered James River on equality of opportunity
and of danger. Some at least had come from the higher
classes of society; younger sons, perhaps, or relatives of stockholders
in the London Company, attracted to Virginia because
of the newness of the adventure and the spice of danger; sons
of professional men and men of business, intrigued by a new
business life and opportunity; men from the laboring classes
and the peasantry of rural sections. But it is extremely doubtful
that the Jamestown settlement, after its tragic first years, continued
very long to be attractive to young men seeking adventure
only. Many of the families of today who boast of their generations
of ancestry in Virginia descend from or married into the
families of the men and women who came to the colony in these
earliest years of settlement, and have ancestors buried among
the unknown dead of the Jamestown cemetery and churchyard.
There were three sources from which the settlers came; and
these sources were more or less in effect throughout the whole
of Virginia's first century. First and foremost in numbers and
importance were the sons of small farmers and tenant farmers,
and younger sons of the laboring classes and small merchants.
No matter how large the population may be, always there are
positions of employment with a normal wage; but when the
younger sons of a mechanic or other working man grow to maturity
where there is only one wage-producing employment available
to the family, the younger sons must seek a living from other
sources. Farms cannot be reduced below the number of acres
required to support one family. When that has been done and
there are several sons, one of them must inherit the farm and
the others must seek a living elsewhere.
The broad acres of Virginia and its equable climate attracted
thousands of such younger sons, and also others who had not
been successful and sought opportunity in a new land. The
settlers came from every section of England, and from the bleak
hills of Scotland; from Wales and also from Ireland. The English
were mostly from the Anglican parishes of the Established
Church. The Scottish new-comers were accustomed to membership
in the Established Church of Scotland and they found little
difficulty in living within the Established Church of Virginia.
Indeed there is no recorded effort to establish a Presbyterian
congregation in Virginia until the last quarter of the seventeenth
century. So friendly was the feeling between the Anglicans and
the Scottish Presbyterians in the Norfolk section that Rev. James
Porter of Presbyterian ordination was the incumbent minister
of the Anglican Lynnhaven Parish prior to 1676 and until his
death in 1683.
A second source, certainly in the early years, was the rapidly
increasing population of the cities and towns of England. It
is of record that in the days of the London Company one town
appropriated funds sufficient to pay the expenses to Virginia of
a large number of its unemployed, and probably the same thing
was done by other towns for their unemployed. Doubtless a little
"pressure" was applied in the case of young men who had no occupation
and no visible means of support. And shanghaiing, to
use a modern term, was not unknown.
A third source from which settlers came developed from the
custom which grew up in England of sending to Virginia, and
later to all the colonies, persons who had been convicted of law-breaking.
At that time there were some hundred felonies in the
English code of jurisprudence for which the sentence of death
by hanging could be imposed. These felonies included such offenses
as stealing a pig or anything of greater value than a shilling.
The ruling classes of England had long realized that punishments
were too severe for offenses which today would be misdemeanors;
and in the fifteenth century an effort had been made
to mitigate the severity of punishment by an amendment of the
law of "benefit of clergy." This law was a law of Parliament
which had come down from earlier ages of the Church. Under
that law an ecclesiastical person, either priest or monk, who
was charged with a felony could not be tried by a civil court
but was delivered up to the bishop of his diocese for trial in an
ecclesiastical court.
By the end of the sixteenth century Parliament had amended
the benefit of clergy law so that every free male who could read
and write, upon conviction of a first offense of felony might
plead "benefit of clergy", and upon showing that he could read
a verse of Scripture, have the penalty remitted. He was then
burned in the hand with a hot iron so that the scar thereby made
would be evidence against him if he should plead benefit of
clergy a second time.
The benefit of clergy law was early written into the Virginia
code and continued in that code until after the Revolution. Harsh
as was the law it showed a real effort to ameliorate still harsher
laws, and it saved the lives in England and America of many
thousands of first offenders. The first verse of the fifty-first Psalm
was so frequently presented to be read by some convicted man
or boy that it became known as the "neck verse" because it saved
a life; and many a kindly official taught a 'teen-age boy that
verse so that he could "read" it when it was presented to him.
One of the earliest records of the General Court of Virginia
contains the following entry under date January 4, 1628/29:
William Reade, aged thirteen or fourteen years, convicted of manslaughter,
when the verdict was read, and William Reade asked what
he had to say for himself, that he ought not to die, demanded his
clergy, whereupon he was delivered to the Ordinary.
There were many such instances. In Virginia the Governor
was the Ordinary and as such had authority to accept the boy's
plea, have him read the "neck verse," and thereby permit him
to go free "after the burning."
The severity of the laws influenced the courts in many parts
of England to permit or sentence an offender to escape death
by going to one of the American colonies, and it became the
custom to sentence convicted criminals to serve for a period of
years in an American colony as an indentured servant. A great
number of such "convicts" were sent to Virginia because of the
constant demand there for indentured servants to cultivate the
fields and for other duties.
Many of the convicts became useful citizens of the colony
after their terms of servitude ended; but many did not reform
and in time became such a menace that for a period after 1670
the General Assembly forbade that any more convicts be brought
into the colony.
It can be seen therefore that from the beginning the population
of Virginia grew by immigration from various sources and
that not all who came to the colony were of the best type. The
New England colonies had the advantage that their immigrants
came in large part from dissenters from the Established Church
of England. They came for "conscience sake," however, and
with their concept of theocratic government the New England
colonists could make it difficult indeed for immigrants they
did not welcome. After Roger Williams had been exiled to
Rhode Island and a few Quakers had been hanged on Boston
Common, it was made clear to Baptists and Quakers, to Anglicans
and to witches that Virginia was a more favorable climate for
them than Massachusetts.
In contrast to New England, Virginia was founded and developed
as a cross-section of the whole life of the British Isles,
with its evil as well as its good; with ideals of freedom of thought
which made no attempt to control a man's conscience; and with
an ever growing concept of self-government and human freedom
as already developed during nearly a thousand years and set out
by the common law and the statute law of the race. Virginia
was not founded upon any theocratic concept of government
under the influence of a priestly class.
The life and community consciousness that developed in Virginia
into the distinctive customs and ways of a well organized
and firmly established commonwealth were necessarily different
from those of the colonies in New England because of the differing
conditions under which men lived. In the township system
of New England a village normally became the township center
and the people lived near enough to each other to enable them
to meet frequently; to work and play together; to transact business;
and to gossip of neighborhood affairs. In Virginia it was
otherwise. In Virginia families lived on separate farms and each
farm was of necessity a community within itself. Life was geared
to the basic fact that tobacco was the money crop, and also was
the real source of the financial strength and stability of the colony.
Each family required a farm of sufficient acreage to raise tobacco
as well as food-stuff and cattle; and throughout the whole colonial
period the genius of Virginian life opposed the development of
towns of greater population than was required for a shipping
point and a warehouse, for the storing and grading of tobacco,
and for a few agents of English and Scottish merchants.