Law – charters, statutes, judicial decisions, and traditions – mattered in colonial America, and laws about religion mattered a lot. The legal history of colonial America reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. Indeed, the two colonies originally most opposed to religious liberty for anyone who did not share their views, Connecticut and Massachusetts, eventually became bastions of it. By focusing on law, Scott Douglas Gerber offers new insights about each of the five English American colonies founded for religious reasons – Maryland, Rhode Island, Pennsylvania, Connecticut, and Massachusetts – and challenges the conventional view that colonial America had a unified religious history.

This is a sweeping history of the relationship between law and religion in America from the colonial era to the present day.

Many people believe that the piety of the Pilgrims typified early American religion. However, by the 1730s Catholics, Jews, and Africans had joined Native Americans, Puritans, and numerous other Protestants in the colonies. Jon Butler launches his narrative with a description of the state of religious affairs in both the Old and New Worlds. He explores the failure of John Winthrop's goal to achieve Puritan perfection, the controversy over Anne Hutchinson's tenacious faith, the evangelizing stamina of ex-slave and Methodist preacher Absalom Jones, and the spiritual resilience of the Catawba Indians. The meeting of these diverse groups and their varied use of music, dance, and ritual produced an unprecedented evolution of religious practice, including the birth of revivals. And through their daily interactions, these Americans created a living foundation for the First Amendment. After Independence their active diversity of faiths led Americans to the groundbreaking idea that government should abandon the use of law to support any religious group and should instead guarantee free exercise of religion for everyone.

Religion was a driving force in the founding of the United States. Learn how it affected each of the states and the development of the country.

William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.

In this pathbreaking study, Patricia Bonomi argues that religion was as instrumental as either politics or the economy in shaping early American life and values. Looking at the middle and southern colonies as well as at Puritan New England, Bonomi finds an abundance of religious vitality through the colonial years among clergy and churchgoers of diverse religious background. The book also explores the tightening relationship between religion and politics and illuminates the vital role religion played in the American Revolution. A perennial backlist title first published in 1986, this updated edition includes a new preface on research in the field on African Americans, Indians, women, the Great Awakening, and Atlantic history and how these impact her interpretations.