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Law in American Meetinghouses - Church Discipline and Civil Authority in Kentucky, 1780-1845 (Hardcover)
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Law in American Meetinghouses - Church Discipline and Civil Authority in Kentucky, 1780-1845 (Hardcover)
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A revealing look at the changing role of churches in the decades
after the American Revolution. Most Americans today would not think
of their local church as a site for arbitration and would probably
be hesitant to bring their property disputes, moral failings, or
personal squabbles to their kin and neighbors for judgment. But
from the Revolutionary Era through the mid-nineteenth century, many
Protestants imbued local churches with immense authority. Through
their ritual practice of discipline, churches insisted that
brethren refrain from suing each other before "infidels" at local
courts and claimed jurisdiction over a range of disputes: not only
moral issues such as swearing, drunkenness, and adultery but also
matters more typically considered to be under the purview of common
law and courts of equity, including disputes over trespass, land,
probate, slave warranty, and theft. In Law in American
Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary
Americans-Black and white, enslaved and free-understood and created
law in their local communities, uncovering a vibrant marketplace of
authority in which church meetinghouses played a central role in
maintaining their neighborhoods' social peace. Churches were once
prominent sites for the creation of local law and in this period
were a primary arena in which civil and religious authority
collided and shaped one another. When church discipline failed, the
wronged parties often pushed back, and their responses highlight
the various forces that ultimately hindered that venue's ability to
effectively arbitrate disputes between members. Relying primarily
on a deep reading of church records and civil case files, Perry
examines how legal transformations, an expanding market economy,
and religious controversy led churchgoers to reimagine their
congregations' authority. By the 1830s, unable to resolve doctrinal
quibbles within the fellowship, church factions turned to state
courts to secure control over their meetinghouses, often demanding
that judges wade into messy ecclesiastical disputes. Tracking
changes in disciplinary rigor in Kentucky Baptist churches from
that state's frontier period through 1845, and looking beyond
statutes and court decrees, Law in American Meetinghouses is a
fresh take on church-state relations. Ultimately, it highlights an
oft-forgotten way that Americans subtly repositioned religious
institutions alongside state authority.
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