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
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-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
first purchase of such servants by some Christian although afterwards and before such their importation and bringing into this Country they shall be converted to the Christian Faith and all Indians which shall hereafter be sold by our Neighbouring Indians or any other Trafficquing with us and for as slaves are hereby adjudged deemed and taken and shall be adjudged deemed and taken to be slaves to all intents and purposes any Law Usage or Custome to the contrary notwithstanding II. An Act declaring Indian-Women-Servants Tythables WHereas it hath been doubted whether Indian-Women-Servants sold to the English above the age of sixteen years be Tythables Be it enacted and declared and it is hereby enacted and declared by the Governour Council and Burgesses of this General Assembly and the authority thereof That all Indian-Women are and shall be Tythables and ought to pay Levies in like manner as Negro Women brought into this Country do and ought to pay III. An Additional Act for the better preventing Insurrections by Negroes WHereas a certain Act of Assembly held at James City the eighth day of June in the year of our Lord 1680. Entituled An Act preventing Negroes Insurrections hath not had its intended effect for want of due notice thereof being taken It is enacted by the Governour Council and Burgesses of this Present General Assembly and by the authority thereof that for the better putting the said Act in due execution the Church-Wardens of each Parish in this Country at the charge of the Parish by the first day of January next provide True Copies of this and the aforesaid Act and make or cause entry thereof to be made in the Register Book of the said Parish The Act of the eighth of June 1680. for preventing Insurrections of the Indians shall be read publickly in all Churches and Chappels of Ease twice every year and that the Minister or Reader of each Parish shall twice every year viz. Some one Sunday or Lords-day in each of the Months of September and March in each Parish-Church or Chappel of Ease in each Parish in the time of Divine Service after the Reading of the Second Lesson Read and Publish both this present and the aforesaid recited Act under Pain such Church-Warden Minister or Reader making default to forfeit each of them six hundred pounds of Tobacco one half to the Informer and the other half to the use of the Poor of the said Parish And for the further better preventing of such Insurrections by Negroes or Slaves Be it likewise Enacted No person shall permit any Indian or Slave not belonging to him to continue on this Plantation above four hours without leave of the said Indians or slaves Master and it is hereby Enacted by the authority aforesaid that no Master or Overseer shall at any time after the twentieth day of January next knowingly permit or suffer without the leave or licence of his or their Master or Overseer any Negro or Slave not properly belonging to him or them to remain or be upon his or their Plantation above the space of four hours at any one time contrary to the intent of the before recited Act upon pain to forfeit being thereof lawfully convicted before some one Justice of the Peace within the County where the Fact shall be committed by the Oath of Two Witnesses at the least the Sum of two hundred pounds of Tobacco in Cask for each time so offending to him or them that will sue for the same for which the said Justice is hereby impowered to award Judgment and Execution IV. An Act Prohibiting the Exportation of any Iron Wool Wolfels Skins Hides or Leather VVHereas it is found by experience that Iron Wool Wolfels Skins and Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf are very necessary and profitable for the use and support of the Country and would be found profitable for the setting to work many men women and children in this Country which lye idle for want of Employment some naked for want of such Necessaries as might be wrought out of the same which they are kept from by Reason of the great quantities of them Yearly exported out of the Country to the great Impoverishment of the Inhabitants thereof for the better preventing and avoiding such Losses and Inconveniencies that have happened and do and may happen to this Dominion by and through the carrying and conveying away the Exportation and Transportation of Iron Wool Woolfs-Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf out of and from this Country and for the better setting on work the poorer and weaker sort of People of this Country and to the intent that the full and best use and benefit of such principal Native Commodities may come and redound and be unto and amongst the Inhabitants of the same the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the Authority of the same That no person or persons whatsoever from and after the first day of January next shall directly or indirectly export transport carry or convey or cause to be exported transported carryed or conveyed out of or from the Dominion or country of Virginia into any parts or places out of the same any Iron Wool Wolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf nor shall directly nor indirectly load or lay on board or cause to be loaden or laid on board in any Ship Sloop Boat or other Vessel in any place or port within this Dominion any such Iron Wool Woolfels Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf except only such Hides and Iron as shall appear by the Oath of the Owner to be directly transporting to some Tan-house or Smiths in this Country to be there wrought up And be it further enacted by the Authority aforesaid that all and every the Offender and Offenders Offence and Offences aforesaid shall be Subject and Lyable to the Respective Pains Penalties Forfeiture of Iron Wool Hides c. Tanned or Vntanned put on Board for Exportation and Forfeiture hereafter following that is to say the said Iron Wool Woolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf so put on board to be Exported Transported carryed conveyed or loaden contrary to this Act shall be forfeited and that every Offender and Offenders therein shall forfeit forty pounds of Tobacco for every pound of Wool and Woolfels and one hundred and fifty pounds of Tobacco for every Skin or Hide or any manner of Leather Tanned or Untanned of any Deer Ox Bull Cow or Calf and Ten Pounds of Tobacco for every pound of Iron and also the Owner or Owners of such Ship or Vessel knowing such Offence shall forfeit all their Interest in the said