The Development of Religious Liberty in ConnecticutGreene, M. Louise (Maria Louise)
History
The Development of Religious Liberty in Connecticut
Greene, M. Louise (Maria Louise)
Connecticut -- Church history
[o] John Liveen of New London in 1689 left property to the "ministry
of the town." Major Fitz-John Winthrop and his brother-in-law Edward
Palmes were executors. Major Winthrop was absent with the army on the
northern frontier, but made no objection to the probating of the will
at a special court in New London in 1689. This probating Major Palmes,
a former friend of Andros, declared void, since Andros had ruled that
all wills should be probated at Boston. Upon special application of
Mrs. Liveen, in 1690, the county court probated a copy of the will,
since Palmes held the original. To this probating the latter also
objected on the ground that, though the court had been again
legalized, the "ministry" referred to must be that recognized by the
English law and not the Congregational ministry of the town,--the only
one then existing. The colonial courts decided against him, and John
and Nicholas Hallam, the widow's sons by a former marriage, virtually
accepted the terms of the will and the court's decision by being
parties to the sale of a portion of the Liveen estate, the ship
"Liveen." The estate could not be wholly settled; so the town
continued to receive a regular dividend until after the widow's death
in 1698. Then the sons attempted to contest the will. The Court of
Assistants confirmed the proceedings of the lower courts. Not
satisfied with this decision, Nicholas Hallam went to England in
1700-1702, and was allowed to plead his case before the Privy
Council. Sir Henry Ashurst held that the charter gave the right of
final decision, but the Lords Commissioners of Trade and Plantations
thought otherwise, and it looked as if Hallam was to win his case,
when he was ordered to return to America and, because of
technicalities, to retake all the testimony. In 1704, because of his
acknowledged signature in the sale of the "Liveen," the suit was
decided in favor of the colony.--F. M. Caulkins, _Hist. of New
London_, pp. 222-228.
CHAPTER VIII
THE FIRST VICTORY FOR DISSENT
Ye shall not therefore oppress one another; but thou shalt fear
thy God; for I am the Lord your God.--Leviticus, xxv, 17.
The dissenters found the terms of the Toleration Act too narrow; the
conditions under which they could enjoy their own church life too
onerous. Consequently, they almost immediately began to agitate for a
larger measure of liberty, and persisted in their demands for almost
twenty years before obtaining any decided success.
Public-domain text, read in full here on John Shaqi.
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