[680] Hening, xii, 464-67. The preamble of the act recites that it is passed because under the existing law "justice is greatly delayed by the tedious forms of proceedings, suitors are therefore obliged to waste much time and expense to the impoverishment of themselves and the state, and decrees when obtained are with difficulty carried into execution." (Ib.)
[681] Ib., ix, 389-99.
[682] Ib., xi, 342-44.
[683] See Jefferson's letter to Mazzei, explaining the difference between law and equity and the necessity for courts of chancery as well as courts of law. This is one of the best examples of Jefferson's calm, clear, simple style when writing on non-political subjects. (Jefferson to Mazzei, Nov., 1785; Works: Ford, iv, 473-80.)
[684] For the best contemporaneous description of Virginia legislation during this period see Madison's letters to Jefferson when the latter was in Paris. (Writings: Hunt, i and ii.)
[685] For a thorough account of the religious struggle in Virginia from the beginning see Eckenrode: S. of C. and S. On the particular phase of this subject dealt with while Marshall was a member of the Virginia Legislature see ib., chap. v.
[686] Mason to Henry, May 6, 1783, as quoted in Rowland, ii, 44.
[687] Meade, i, footnote to 142. And see Atlantic Monthly, supra.
[688] Eckenrode: S. of C. and S., 75. On this general subject see Meade, i, chaps. i and ii. "Infidelity became rife, in Virginia, perhaps, beyond any other portion of land. The Clergy, for the most part, were a laughing stock or objects of disgust." (Ib., 52.) Even several years later Bishop Meade says that "I was then taking part in the labours of the field, which in Virginia was emphatically servile labour." (Ib., 27.)
"One sees not only a smaller number of houses of worship [in Virginia] than in other provinces, but what there are in a ruinous or ruined condition, and the clergy for the most part dead or driven away and their places unfilled." (Schoepf, ii, 62-63.)