Law in American Meetinghouses: Church Discipline and Civil Authority in Kentucky, 1780-1845

Churches had immense authority from the Revolutionary Era through the mid-nineteenth century, claiming jurisdiction over moral issues and disputes such as trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores how ordinary Americans understood and created law in their local communities, uncovering a vibrant marketplace of authority in which church meetinghouses played a central role.

Format: Hardback
Length: 224 pages
Publication date: 05 April 2022
Publisher: Johns Hopkins University Press

The role of churches in the decades following the American Revolution has undergone a significant transformation. While most Americans today view their local church as a place of worship and spiritual guidance, it was once a hub of immense authority. During the Revolutionary Era and until the mid-nineteenth century, many Protestants imbued local churches with immense power. 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 wide range of disputes. These disputes included moral issues such as swearing, drunkenness, and adultery, as well as matters typically considered to be under the purview of common law and courts of equity, such as trespass, land, probate, slave warranty, and theft.

In his book, "Law in American Meetinghouses," Jeffrey Thomas Perry delves into the ways that ordinary Americans, both Black and white, enslaved and free, understood and created law in their local communities. He uncovers a vibrant marketplace of authority in which church meetinghouses played a central role in maintaining social peace. Churches were once prominent sites for the creation of local law, and in this period, they 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 the venue's ability to effectively arbitrate disputes between members.

Perry's research relies primarily on a deep reading of church records and civil case files, providing a detailed account of the legal transformations, expanding market economy, and religious controversy that shaped the role of churches in the arbitration of disputes. He demonstrates how these factors contributed to the decline of church authority.

In conclusion, the role of churches in the decades following the American Revolution has undergone a profound transformation. While they once held immense authority, their role in the arbitration of disputes has declined due to legal transformations, an expanding market economy, and religious controversy. Perry's book "Law in American Meetinghouses" provides a valuable insight into the ways that ordinary Americans understood and created law in their local communities, highlighting the central role that church meetinghouses played in maintaining social peace.

Weight: 454g
Dimension: 229 x 152 x 21 (mm)
ISBN-13: 9781421443072