1. Establishment
in Colonial Virginia
Church and State United
Jim Hill
California State University San Bernardino

2. JamesTown 1607

3. James Citty 1684

4. 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.
•
• 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.
•
• After landing, the Quakers found temporary lodging at a nice inn, as did Captain Davies and his 1 st 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.
•
• 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.
•
• 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 15 th. All were arrested and taken to jail.
•
• 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.
•

5. 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

6. 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.
•
• Second, all colonists were subjects of the Crown and were required to attend church services daily
and twice on Sundays.
•
• 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.

7. 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….”

8. 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}]

9. 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….”

10. 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….”
• `

11. `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.”

12. 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…or
against the Articles of the Christian Faith [Note: The 39 Articles of the
Church 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.”

13. 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….”

14. 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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