perhaps for the difference of our and their Condition varying in small things but far from the presumption of contradicting any thing therein contained And because it is impossible to honour the King as we should unless we serve and fear God as we ought And that they might shew their equal care they have set down certain Rules to be observed in the Government of the Church until God shall please to turn His Majesties Pious Thoughts towards us and provide a better supply of Ministers among us BE it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly That all the following Laws continued or made by this Assembly shall be hereafter reputed the Laws of this Countrey by which all Courts of Judicature are to proceed in giving of Sentence and to which all persons are strictly required to yield all due obedience And that all other Acts not in this Collection mentioned to be to all intents and purposes utterly abrogated and repealed unless Suit be commenced for any thing done in the time when a Law now repealed was in force in which Case the producing that Law shall excuse any Person for doing any thing acording to the Tenor thereof I. Church to be built or Chappel of Ease BE it Enacted for the Advancement of Gods Glory and the more decent Celebration of his Divine Ordinances A Church to be built in each Parish there be a Church decently built in each Parish of the Countrey unless any Parish as now settled by reason of the fewness or poverty of the Inhabitants be incapable of sustaining so great a Charge in which Case it is Enacted that such Parishes shall be joyned to the great Parish of the same County Small Parishes to have Chappels of Ease and that a Chappel of Ease be built in such places at the particular Charge of that place II. Vestries appointed THat for the making and proportioning of the Levies and Assessments for building and repairing the Churches and Chappels Provision for the Poor Maintainance of the Minister and such other necessary Uses A Vestry in each Parish consisting of Twelve Men to be chose by the Major part of the Parishioners and for the more orderly Managing all Parochial Affairs Be it Enacted that Twelve of the most able Men of each Parish be by the Major part of the said Parish chose to be a Vestry out of which number the Minister and Vestry to make Choice of two Church-wardens yearly as at so in Case of the Death of any Vestry-man or his departure out of the Parish that the said Minister and Vestry make Choice of another to supply his Room None to be admitted of the Vestry without taking the Oaths of Allegiance and Supremacy And be it further Enacted that none shall be admitted to be of the Vestry that doth not take the Oaths of Allegiance and Supremacy to his Majesty and subscribe to be conformable to the Doctrine and Discipline of the Church of England III. Glebes to be laid out Provision for the Minister THat for the better encouragement and accommodation of the Ministry there be Glebes laid out in every Parish and a convenient House built for the reception and abode of the Minister according to his Majesties Instructions His Maintainance to be worth 80 l per Annum besides his Perquisites and Glebe And that such Provision be made for his Maintainance in the valuable and currant Commodities of the Countrey as may be really worth Fourscore Pounds per Annum besides his Perquisites and the Glebe Viz. If in Tobacco at the rate of Twelve Shillings the Hundred in Corn at Ten Shillings the Barrel if in Money by Bills of Exchange Security to be given for the certain Payment and in Case of protest to be recovered here with Fifty per Cent. for Damages IV. Ministers to be Inducted 1642. No Minister to Officiate without producing Testimonials of his having received his Ordination of some Bishop of England THat for the preservation of Purity and Unity of Doctrine and Discipline in the Church and the right Administration of the Sacraments no Minister be admitted to officiate in this Countrey but such as shall produce to the Governour a Testimonial that he hath received his Ordination from some Bishop in England and shall then subscribe to be conformable to the Orders and Constitutions of the Church of England and the Laws there established upon which the Governour is hereby requested to induct the said Minister into any Parish that shall make presentation of him And if any other Person pretending himself a Minister shall contrary to this Act presume to Teach or Preach publickly or privately the Governour and Council are hereby desired and impowered to suspend and silence the Person so offending And upon his obstinate persistence to compel him to depart the Countrey with the first Convenience as it hath been formerly provided by the 77 Act made at James City the 2 of March 1642. V. Ministers to provide Readers 1661. THat every Parish not having a Minister to Officiate every Sunday Divine Service to be read each other Sunday to make Choice of a grave and sober Person of good Life and Conversation to read Divine Service every intervening Sunday at the Parish Church when the Minister preacheth at any other place VI. Liturgy to be Read THat the Canons set down in the Liturgy of the Church of England for celebrating Divine Service and Administration of the Sacraments Canons and Liturgies of the Church of England to be observed be duly observed and kept And that the whole Liturgy according to the said Injunctions be by the Minister or Reader at Church and Chappel every Sunday throughly read VII Church Catechism No other Catechisme but that in the common-Common-Prayer to be used THat neither Minister nor Reader teach any other Catechism then that by the Canons appointed and inserted in the Book of Common Prayer And that the Minister expound no other then that That our Fundamentals at least may be well laid and that no Reader upon presumption of his own abilities do attempt the expounding that or any other Catechism or the Scriptures VIII Ministers to Preach Weekly Ministers to preach Weekly Sacraments to be Administred at least twice in the year THat the Minister of every Parish preach constantly every Sunday Viz. One Sunday in a Month at each Chappel of Ease in his Parish if there be any and the other in his Parish Church and that twice a year at least he administer the Sacrament of the Lords Supper there IX Sundays not to be prophaned The Lords day to be kept Holy THat the Lords day be kept Holy and that no Journeys be made on that day except in Case of emergent Necessity And that no other thing be used or done that may tend to the Prophanation of that day Divine Service and Preaching to be diligently attended But that all and every person
and persons inhabiting in this Countrey having no lawful excuse to absent shall upon every Sunday and the four Holy Days hereafter mentioned diligently resort to their Parish Church or Chappel accustomed then and there to abide orderly and soberly during the time of Common-Prayer Preaching or other Service of God upon penalty of being Fined Fifty pounds of Tobacco by the County Court upon presentment made by the Church-Wardens who are to Collect the same with the Parish Levies Provided always That this Act conclude not Quakers or other Recusants who out of Non-conformity to the Church totally absent themselves but that they shall be liable to such Fines and Punishments as by the Statute of 23 of Eliz. are Imposed on them being for every Months absence Twenty pounds Sterling and if they forbear a Twelve-month then to give good security for their Behaviour besides their payment for their Monthly absence according to the Tenor of the said Statute Quakers to be presented as by 23 Eliz. Presentments of Defaulters to be made by the Church-wardens And that all Quakers for Assembling in unlawful Assemblies and Conventicles be fined and pay each of them there taken 200 l. of Tobacco for each time they shall be for such unlawful Meetings presented by the Church-wardens to the County Courts X. January the 30th to be kept a Fast WHereas our late Surrender and Submission to that execrable power that so bloodily massacred the late King Charles the First of ever blessed Memory hath made us by acknowledging them guilty of their Crimes to shew our serious and hearty repentance and detestation of that Barbarous Act Be it Enacted A yearly Fast on the 30th of January That the Thirtieth of January the day the said King was Beheaded be annually solemnized with Fasting and Prayers that our Sorrows may expiate our Crime and our Tears wash away our Guilt XI May 29th to be kept holy SInce God of his Mercy hath been pleased to Restore our late distracted Kingdoms to Peace and Unity And his late distressed Majesty to the Throne of his Royal Ancestors The 29th of May to be Celebrated as an Holy day Be it Enacted That in Testimony of our Thankfulness and Joy the Twenty-Ninth of May the day of his Majesties Birth and happy Restitution be annually Celebrated as an Holy day XII None to be Married but by Ministers nor by them but by Licence or publishing the Banes Marriage to be performed by Ministers only and according to the Laws of England THat no Marriage be solemnized or reputed valid in Law but such as is made by the Minister according to the Laws of England And that no Minister Marry any person without Licence from the Governour of his Deputy or thrice publication of Banes according to the prescription of the Rubrick in the Common-Prayer Book which enjoyns That if the persons to be Married dwell in several Parishes None to be Married without Licence or publication of Banes the Banes must be asked in both Parishes and that the Curate of the one Parish shall not solemnize the Matrimony until he have a Certificate from the Curate of the other Parish that the Banes have been there thrice published and no objection made against the Parties joyning together And if any Minister shall contrary to this Act Marry any persons he shall be Fined Ten thousand pounds of Tobacco The Penalty And any pretended Marriage made by any other then a Minister be reputed Null and the Children born out of such Marriage of the Parents esteemed illegitimate And the Parents suffer such punishment as by the Law prohibiting Fornication ought to be Inflicted XIII Church-wardens to make Presentment THat the Church-wardens shall twice every year Church-wardens shall make Presentments of all Misdemeanors twice in the year viz. In December Court and April Court deliver a true Presentment in Writing of such Misdemeanors as by their Knowledge or by common Fame have been commmitted whilst they have been Church-wardens namely Swearing Prophaning Gods holy Name or Sabbath abusing or contemning his holy Word and Sacraments or absenting themselves from the Exercise thereof Presentments for what As also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all Malicious and Envious Slandering and Backbiting for the better manifestation whereof the said Church-wardens are Impowered to Cause all such Persons upon whose reports they ground their Presentments to appear at the respective County Courts to which the Presentments are made to give in their Evidences concerning the same XIV Burying of Servants or others privately prohibited WHereas the private Burial of Servants and others Private Burials prohibited give occasion of much Scandal against divers Persons and sometimes not undeservedly of being guilty of their Deaths from which if the person suspected be Innocent there can be no Vindication nor if Guilty no Punishment by reason they are for the most part Buried without the Knowledg or View of any others then such of the Family as by nearness of Relation as being Husband Wife or Child are unwilling or as Servants are fearful to make discovery if Murther were Committed for Remedy whereof as also for taking away that Barbarous Custom of exposing the Corps of the Dead by making their Graves in Common and Unfenced Places to the prey of Hogs and other Vermine Places to be set a-part for Publick Burial Be it Enacted That there be in every Parish Three or Four or more Places appointed according to the greatness or littleness of the same to be set a-part and fenced in for Places of Publick Burial for that Precinct And further That before the Corps be Buried there be at least three or four of the Neighbours called who may in case of Suspicion view the Corps and if none yet according to the decent Custom of all Christendom they may accompany it to the Grave And be it further Enacted That no persons whether Free or Servants shall be Buried in any other place than those so appointed unless such who by their own Appointments in their life time have signified their desire of being interred in any particular place else where XV. Church-wardens to keep the Church in repair and provide Ornaments Churches to be Repaired ANd it is further Enacted That the said Church-wardens take care and be impowered during their Church-wardenship A Great Bible two common-prayer-Common-Prayer-Books a Communion Cloth and other Ornaments to be provided to keep the Church in Repair provide Books and decent Ornaments Viz. a Great Bible two Comon Prayer Books a Communion Cloth and Napkins a Pulpit and Cushion this present year and after annually something towards Communion Plate Pulpit Cloth and Bell as the Ability of the Parish will permit And that they the said Church-wardens do faithfully Collect the Ministers Dues Church-wardens to Collect the Ministers Dues Cause them to be brought to Convenient places and honestly pay them and that of all their
Act for Presentation and Delivery of Grievances FOr as much as it hath been the frequent practice of ill disposed and seditious persons to deliver to their Burgesses and they to the Assembly scandalous and seditious Papers and to intitle or call them the Grievances of such Countie or Counties wherein they dwell neither giveing or presenting the same in lawfull manner nor in truth being known to any other of his Majesties good Subjects of such County whose Title they bear Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly Sberiffs of each County shall before every Sessions of Assembly appoint a time and place for receiving Presentments of Grievances Such Presentments shall be signed and it is hereby enacted by the Authority aforesaid that the Sheriffs of each County shall before every Session of Assembly appoint a time and place for presenting giving and receiving all County-Grievances which shall be signed by the Parties giving the same and attested by the Clerk of the County-Court or Chief Magistrate so to be and all other private Propositions or particular Ag-grievance shall be signed by the Party delivering the same or not to be received into the Assembly XII An Act prohibiting the exportation of Raw-Hides and Deer-Skins BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that from and after Publication of this Act it shall not be lawful for any person or persons whatsoever to export out of this his Majesties Colony of Virginia any Untainted-Hides or Deer-Skins upon the Penalty of paying for every Raw-Hide or Deer-Skin one hundred Pounds of Tobacco and Cask that shall be found on Board any Ship Boat Sloop or other Vessel in order to such Exportation over and besides the forfeiture of all such Raw-Hides or Deer-Skins so found in exportation the one half to his Majesty his Heirs and Successors and the other half to him that shall make Information thereof And all Collectors of the two shillings per Hogshead and penny per Pound Customes are hereby required and enjoyned on every Information and Suspition of such exportation to make diligent search and seizure accordingly XIII An Act Prohibiting Vnlawful Disturbances of Divine Service BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid That whosoever from and after the publication of this Act Any Person that shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 for every such Offence after shall appear in any Church or Chappel within this his Majesties Colony whilst the Minister is exercising his Ministerial Function and shall disturb him by Words or any other manner of means whatsoever or shall there appear in any unseemly or undecent Gesture any Justice Sheriff or other Officers then present shall put such person or persons so offending under Restraint during Divine Service who shall also for the first Offence be fined two hundred pounds of Tobacco and Cask And for every such Offence as shall be by them or any of them committed after in the like Quallity shall be fined five hundred pounds of like Tobacco and Cask for every such Offence which Fines shall be Levyed by the Sheriff upon the Estate of the person or persons so offending by vertue of a Warrant from a Justice of the peace and such Justice of the peace that shall refuse or neglect to put this Law into severe Execution shall be fined five hundred pounds of Tobacco and Cask to the use of the Parish for every such neglect XIV An Act Reviving and Reinforcing an Act made at JAMES-CITY the 20 th of October 1665. and putting the same in Due Execution BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that the eighth Act of Assembly made at JAMES-CITY the 20th of October 1665. Intituled An Act concerning Indians Be and hereby is Revived and Re-inforced to the end the same be put in due and Effectual Execution XV. An Act for the well clearing the Heads of the Rivers and Creeks from Loggs and Trees for the more safe Passage of Sloops and Boats VVHereas the Neglect of clearing the Heads and others parts of Rivers and Creeks from Loggs Trees Roots of Trees and other Rubbish hath occasioned and endangered the loss of several Sloopes Boats Tobaccoes and Merchandizing Goods in Carriage thereof to and from the Ships for the better prevention thereof for the future Justices of the Country Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from all trees Loggs Rubbish c. Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid That from and after the Publication of this Law the Respective Justices of the several County-Courts do annually in June or July-Courts appoint and order the Surveyors for the Rivers to clear all and all manner of Loggs Trees Roots of Trees and other Rubbish as may any ways hurt and endanger any Sloop Boat or other Vessel from out of the Respective Rivers or Creeks heads or parts of any River or Rivers Creek or Creeks within their County and limited bounds as Surveyors which said clearing and Removeal of all Loggs Trees Roots of Trees and other Rubbish shall be as aforesaid annually performed according to the true intent and meaning of this Act under such pains and penalties for every Delinquent and Offender as are set down in 97th Act of Assembly in the Printed Book Intituled Such as shall fall Trees into the Rivers and not clear away the same fined 500 l. of Tobacco Surveyors for High-ways And if any shall presume to fall Trees into the Rivers or Creeks and not clear the same the Offendor shall be fined five hundred pounds of Tobacco the first Offence to the use of the County And for the second one Thousand pounds of Tobacco to the use aforesaid XVI Additional Fees Ascertained to County-Court Clerks BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that Those Additional Fees hereafter set down over and besides the fees nominated in the Printed Book be demanded and taken by County-court Clerks as just fees and none other viz. Â l. Tobacco pounds of tobacco For writing a pair of Indentures if amongst the parties as they can agree if bound by the Court. 40. For a Bond. 10. For a Retraxit 4. For siling endorsing Bill Accompt Petition or such like 3. For all Answers to Petitions if writ by themselves 10. If not writ by them and so for a Petition 5. For a Warrant