5 - Law and a City Upon a Hill in Colonial Massachusetts

Summary

The first part of this chapter explores the Pilgrims of Plymouth Colony’s conception of law on matters of religion. For the Pilgrims, law was both the memorialization of their commitment to the Word of God and an instrument for sustaining a sanctified society. The second part of the chapter details how the legislature and the courts of Massachusetts Bay Colony enacted many statutes and issued scores of judicial decisions to help ensure the success of their Puritan “Citty vpon a Hill.” In 1691 Massachusetts Bay was issued a new charter as a royal colony. The 1691 provincial charter required that “liberty of Conscience” be allowed “in the Worshipp of God to all Christians (Except Papists).” The third part of the chapter focuses on the laws enacted and adjudicated during the provincial period to determine whether Massachusetts Bay complied with the new charter’s requirement about religious toleration. Massachusetts Bay’s Puritan Standing Order—the unofficial alliance between Congregational ministers and godly magistrates—would not abandon the animating principle of Puritan Congregationalism without a fight, and that fight was waged in large part through statutes and court cases. It was not until 1833 that Massachusetts disestablished church and state.