After contesting the decision against her for many years, at last in 1746 she virtually won her case through a decision given in England in the suit of Clarke _vs._ Tousey,[92]--a suit which had been appealed from the colony, and which presented much the same claim as Winthrop's. The decision in favor of Clarke was equivalent to a recognition of Connecticut's Intestacy Law. It has been pointed out that, important as the Winthrop controversy was from the economic standpoint, it was equally important as fore-shadowing the legislation of the English government some thirty years later, and as defining the relation of colony and Crown. Moreover, in 1765, as in 1730, "economic causes and conditions," writes Professor Andrews in his discussion of the Connecticut Intestacy Law, "drove the colonists into opposition to England quite as much as did theories of political independence, or of so-called self-evident rights of man."
It was during the continuance of this troublesome Winthrop suit, while boundary lines were still unsettled, while as yet the Mohegan titles remained in dispute, while the most grievous charge of encouraging home manufactures, and many other complaints were brought against Connecticut,--it was in the midst of her perplexities and conflicting interests that the dissenters within her borders sought greater religious liberty. They sought it, not only through their own local efforts, but through the strength of their friends in England, who brought all their influence to bear upon the home government. With such help Episcopalians had won exemption in 1727, and within two years Quakers and Baptists were accorded similar freedom.
Connecticut Quakers, though few in numbers, were very determined to have their rights. From 1706, the Newport Yearly Meeting had encouraged the collecting and recording of all cases of "sufferance." In 1714, at the close of Queen Anne's War (1702-13), the Newport Yearly Meeting reported to that of London that "there is much suffering on account of the Indians at the Eastward, yet not one (of ours) had fallen during the last year, Travelling preachers having frequently visited those parts without the least harm.... Friends in several places have suffered deeply on account of not paying presbyterian priests, and for the Refusing to bear Armes, an Account of which we Doe herewith Send." In 1715, the English law had granted them the perpetual privilege of substituting affirmation for oath. The Quakers were determined to have the same freedom in the colonies as in England. Accordingly, they watched with interest the test case between the Quaker constables of Duxbury and Tiverton,--both, then, under the jurisdiction of Massachusetts,--and the authorities of that colony. Fines and persecutions were so much alike in Connecticut and Massachusetts that a dissenter's victory in one colony would go far towards obtaining exemption in the other. The Quaker constables had refused to collect the church rate, and for this refusal were thrown into prison. Thereupon a petition, with many citations from the colony law books, was sent to England, begging that the prisoners be released and excused from their fines, and that such unjust laws be annulled. The Privy Council ordered the prisoners released and their fine remitted. This decision was rendered in 1724, and, with the success of the Episcopalians three years later, still further encouraged both Quakers and Baptists to seek relief from ecclesiastical taxes and fines. Two years later, in May, 1729, the Quakers appealed to the Connecticut Court for such exemption, and were released from contributing to the support of the established ministry and from paying any tax levied for building its meeting-houses, provided they could show a certificate from some society of their own (either within the colony or without it, if so near its borders that they could regularly attend its services) vouching for their support of its worship and their presence at its regular meetings. [93]