The first Act, known as the "Establishment Act," barely passed on November 4, 1704 in the South Carolina General Assembly, and as soon as it was ratified by Governor Nathaniel Johnson, the "dissenters" began their campaign to get this Act annulled. When the leaders back in England learned of this, the House of Lords and Queen Anne agreed with the dissenters and the original Act was declared null and void.

This Act, commonly referred to as the "Church Act," was re-introduced without the objectionable clauses that so irritated the dissenters. Upon its ratification on November 30, 1706, the Church of England (aka Anglican Church) became the official religion in the province of South Carolina.

FORASMUCH as in a well grounded Christian commonwealth matters concerning religion and the honour of God ought in the first place to be taken into consideration, and honest endeavours to attain to such good ends countenanced and encouraged, as being not only most acceptable to God, but the best way and means to obtain his mercy and a blessing upon a people and country;

I. Be it therefore enacted, by his Excellency John Lord Granville, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the south-west part of this Province, and by the authority of the same, That the Book of Common Prayer, and administration of the Sacraments, and other rites and ceremonies of the Church, according to the use of the Church of England, the Psalter or Psalms of David, and Morning and Evening Prayer therein contained, be solemnly read by all and every Minister or Reader in every Church which now is or hereafter shall be settled and by law established within this Province; and that all congregations and places for the publick worship, according to the usage of the Church of England, within this Province, for the maintenance of whose ministers and the persons officiating therein, any certain income or revenue is, or shall by the laws of this Province be established and enjoined to be raised or paid, shall be deemed Settled and Established Churches.

II. And, whereas, it is necessary and for the better accommodation and conveniency of the inhabitants of this Province that the same be divided into parishes, and the bounds of the several parishes ascertained, Be it therefore enacted by the authority aforesaid, That Charlestown, and the Neck between Cooper and Ashley rivers, as far up the Neck as the plantation of John Bird, Gent., on Cooper River, inclusive, and the plantation of Christopher Smith, Esq. on Ashley River, inclusive, is and shall forever be a distinct parish of itself, and be called by the name of the Parish of St. Philip's, in Charlestown.

III. And be it further enacted by the authority aforesaid, That Berkeley County shall be divided into six more parishes besides Charlestown, that is to say, one upon the South-east of Wandoe River, which shall be called by the name of the parish of Christ Church; one upon that neck of land lying on the North-west of Wandoe, and South-east of Cooper River, which shall be called by the name of St. Thomas; one upon the Western branch of Cooper River, which shall be called by the name of St. John's; one upon Groose creek, which shall be called by the name of St. James Goose Creek; one upon Ashley River, which shall be called by the name of St. Andrews; and one in the Orange quarter for the tise of the French Settlement there, which shall be called by the name of the parish of St. Dennis.

IV. And be it further enacted by the authority aforesaid, That Colleton County shall be divided into two parishes, that is to say, one on the South side of Stono River, to extend to the North side of South Edisto, which shall be called by the name of St. Paul's; and the other on the North of St. Helens, which shall be called by the name of St. Bartholomew.

V. And be it further enacted by the authoiity aforesaid, That one parish shall be erected in Craven County, in that part of it which is commonly known by the name of the French Settlement on Santee River; and the Church which is now built in Jamestown, in the said settlement, or any new church hereafter to be built or erected in the said place instead thereof, is hereby made, erected and declared to be the parish church of St. James on Santee River, and shall be and so continue forever, in all things as the other parishes erected in this Province are or ought to be.

VI. And whereas, it was thought necessary that six churches should be built for the publick worship of God, according to the Church of England; that is to say, one upon the South-east of Wandoe River, one upon that neck of land lying on the North-west of Wandoe, and South of Cooper River, one upon the Western branch of Cooper River, one upon Goose Creek, one upon Ashley River, and one on the South side of Stono River in Colleton County, and six several messuages or tenements to be built upon the several parcels of land allotted for a glebe for the said parishes; And whereas, in order to defray the charges of the building of the said six churches, and the said six messuages or tenements, and also for the purchasing of lands for the several sites of the several churches, and the coemetaries or church-yards for the burial of Christian people, and also the glebe lands for the several places above mentioned, for the use of the rectors or ministers of the several parishes, by one act of Assembly in this Province, intituled an Act to continue an Act entituled an Act for laying an Imposition on Skins and Furs, and for appropriating the same, ratified in open Assembly the fourth day of November, seventeen hundred and four, amongst other things it was enacted, that two thousand pounds of the money which by the said Act should be raised after the ninth day of May next ensuing the ratification thereof, should be equally divided to the building the said six churches, and convenient tenements and out-houses for the several rectors or ministers, as before mentioned; Be it therefore enacted by the authority aforesaid, That if any part of the said sum of two thousand pounds is behind and unpaid, that the same shall be paid to the Commissioners hereafter named, or to such supervisors as they shall appoint, in order to defray the charges of the building of such churches and tenements, as are not already finished, or not begun to be built.

VII. And be it further enacted by the authority aforesaid, That in case any church or churches, or tenement or tenements, which are for the several rectors or ministers of the said several parishes, be not already begun to be finished, that then, and in such case, it shall be lawful for the Commissioners hereafter named, to appoint one or more persons, inhabitants of the parishes, in the several places where the church or churches, or house or houses for the several rectors or ministers are to be built, to be supervisors for the building of the said several churches, and the inclosing the several coemetaries or church-yards, and the several buildings to be built on the said glebe or glebes; the place or places in the parishes aforesaid, where the church or churches, or the buildings on the glebe or glebes, is not begun or fixed upon, the same shall be in such place or places, in the precinct or parishes aforesaid, as shall be agreed upon by the majority of the Commissioners hereafter named, and by and with the advice and consent of the major part of the inhabitants of the said precincts or parishes, who are of the profession of the Church of England.

VIII. And be it furtlier enacted by the authority aforesaid, That the Commissioners hereafter named shall have power to take up by grant from the Lords Proprietors, or purchase the same from them, or any other person, and have, take and receive so much land as they shall think necessary for the several sites of the said several churches, and the coemetaries or church yards, for the burial of Christian people there, in the several places above mentioned, and shall also direct and appoint the building of the said several churches, not already built, according to such dimensions, and of such materials as they shall think fitting, and also the pulpit, desk and pews in the said several churches, and also the inclosing the several coemetaries or church-yards.

IX. And be it further enacted by the authority aforesaid, That the Commissioners hereafter named shall have power to take up by grant from the Lord Proprietors, or purchase, have, take or receive the same from them or any other person, so much land as they shall think fitting for the several glebes above mentioned, and in such places as they shall think convenient; and upon each of the said glebes shall order and appoint the building (where not already built) of one messuage or tenement for a dwelling house for the rector or minister, together with convenient out-houses, according to such dimensions, and of such materials as they shall think fitting.

X. And. whereas, by this Act it is appointed, that one parish be constituted in Colleton County, on the north side of St. Helens, called St. Bartholomew; And, vhereas, it is necessary that one church should be built for the publick worship of God, acccording to the Church of England, that is to say, at the north side of St. Helens, the said church to be built in such place in the precinct or parish above named, as shall be agreed on by the majority of the Commissioners hereafter named, by and with the advice and consent of the major part of the inhabitants of the said precinct or parish, who are of the profession of the Church of England. Be it therefore enacted by the authority aforesaid, that the Commissioners hereafter named shall have power to take up by grant from the Lords Proprietors, or purchase the same from them or any other person, and have, take and receive so much land as they shall think necessary for the site of the said church, and the coemetary or church-yard for the burial of Christian people there, in the place above mentioned, and shall also direct and appoint the building of the said church according to such dimensions and of such materials as they shall think fitting, and also the pulpit, desk and pews in the said church, and also the inclosing the said coemetary or church-yard.

XI. And whereas, it is necessary that there be one messuage or tenement built, and one parcel of land allotted for a glebe for the said rector or minister of the said parish or precinct last mentioned; Be it therefore enacted by the authority aforesaid, That the Commissioners hereafter named, shall have power to take up by grant from the Lords Proprietors of this Province, or purchase, have, take and receive the same from them or any other person, so much land as they shall think fit for the said glebe, and in such place as they shall think convenient, and upon the said glebe shall order and appoint the building of one messuage or tenement for a dwelling house for the said rector or minister, together with convenient out-houses, according to such dimensions and of such materials as they shall
think fitting.

XII. And in order to defray the charges of the said tract of land, and the building the said church, and inclosing the said coemetary or church-yard, and the said tract of land for the glebe, and the building the said messuage or tenement and convenient out-houses on the same for the use of the rector or minister of the said parish, Be it enacted by the authority aforesaid, That the Commissioners hereafter named, or the major part of them, shall be enabled to have, take and receive all such sum and sums of money as any charitable and well disposed Christians shall freely and voluntarily give towards the building the said church and inclosing the said coemetary or church-yard; and shall also have power to nominate and appoint one or more persons, inhabitants of the said parish, in the place where the said church is to be built, to be supervisors for the building of the said church, and the incloseing the said coemetary or church-yard, and the buildings that are to be upon the said glebe; and in order to defray the charges thereof, the said Commissioners shall have power to draw out of the publick Treasury of this Province, which the publick Receiver thereof is hereby required to pay unto them, the full and just sum of three hundred thirty-three pounds six shillings and eight pence, current money of this Province.

XIII. And be it further enacted by the authority aforesaid, That the church situate in Charlestown aforesaid, and the ground thereunto adjoining, inclosed and used for a coemetary or church yard, shall be the church and church-yard of St. Philip's in Charlestown; and the several churches already built, or to be built in the several parishes of this Province, mentioned in this Act, together with the coemetaries or church yards already inclosed, or to be inclosed, shall be the church and church yards for the several parishes mentioned in this Act; and the said several churches and church yards are hereby enacted and declared to be forever separated and dedicated to the service of God, and to be appointed therein to the use of the inhabitants from time to time inhabiting and to inhabit in the several parishes that are of the religion and profession of the Church of England, and conforme to the same.

XIV. And for the encouragement of faithful ministers labouring in the work of the gospel, to come and reside in this Province, Be it enacted by the authority aforesaid, that there shall be a rector or minister for each of the several parishes mentioned in this Act, to have care of the souls of the inhabitants of the several parishes, and a perpetual succession of rectors there, to be elected, nominated and appointed, as hereafter is directed in this Act.

XV. And be it further enacted by the authority aforesaid, That the rectors or ministers of the several parishes of this Province, mentioned in this Act, that at any time after the ratification of this Act, shall, according to the direction of this Act, be elected, nominated and appointed rectors or ministers of the several parishes, and their successors, rectors of the said several parishes, shall be incorporate, and each of them shall have capacity and succession, by the name of the rector of that parish of which he is the minister, and shall be hereby enabled to sue and be sued by that name, in all Courts and places in this Province, and shall have the care of the souls of the inhabitants within the parish committed to his charge; and the rectors and ministers of the several parishes shall have and enjoy, to them and their successors, the several glebe lands already obtained or appointed, or to be hereafter obtained and appointed pursuant to this Act, and the several messuages or tenements for their several habitations, together with all the out-houses and buildings already erected, or to be erected, on the said several glebe lands, excepting one room in Charlestown parsonage house, reserved for the Provincial Library, and which is hereby appropriated for that use; and the rectors or ministers of the several parishes shall have and enjoy to them and their successors, all such negroes and their increase as have been already purchased, given and allotted, or that shall be hereafter purchased, given and allotted to any of the several parishes by the Society founded by Royal Charter in the Kingdom of England, by the name of the Society for the Propagation of the Gospel in Foreign Parts, or by any other charitable disposed persons; and shall also enjoy all such cattle and their increase, as hath been already purchased, given and allotted, or shall be hereafter purchased, given and allotted to any of the several parishes.

XVI. And be it further enacted by the authority aforesaid, That the rector or minister of the parish of St. Philip's in Charlestown, that at any time after the ratification of this Act, shall, according to the direction of this Act, be elected, nominated and appointed rector or minister ol the said parish, and his successors, shall have and receive from the publick Receiver, for the time being, who is hereby required to pay the same, the full and just sum of one hundred and fifty pounds per annum, current money of this Province, to be paid him half yearly.

XVII. And be it further enacted, by the authority aforesaid, That the several rectors or ministers of the other parishes mentioned in this Act, that at any time after the ratification of this Act, shall, according to the direction of this Act, be elected, nominated and appointed rectors or ministers of the said several parishes, and their succcessors, shall each of them have and receive from the publick Receiver, for the time being, who is hereby required to pay the same, the full and just sum of fifty pounds per annum, current money of this Province, to be paid to them half yearly, for and during the term of three years after the ratification of this Act.

XVIII. And be it further enacted by the authority aforesaid, That three years after the ratification of this Act, as aforesaid, the said several rectors or ministers of the said several parishes, and their successors, shall each of them have and receive from the publick Receiver, for the time being, who is hereby required to pay the same, the full and just sum of one hundred pounds per annum, current money of this Province, to be paid to them half yearly, excepting the parish of St. Dennis for the French Settlement in Orange Quarter, the rector or minister of which parish shall be allowed but fifty pounds per annum, which shall be paid to him and his successors forever.

XIX. And be it further enacted by the authority aforesaid, That if it shall happen, that for any urgent and necessitous reason, all the money in the public treasury should be disposed of for other uses, so as that there should not be left sufficient in the publick Receiver's hands, to pay the said sum of one hundred and fifty pounds to the rector or minister of the parish of St. Philip's, Charlestown, and the several sums to the several rectors or ministers of the other parishes, according to the times before appointed, then, and in such case, the commissioners hereafter named, or the major part of them, that shall meet upon publick notice, as hereafter in this Act is directed, shall order the publick Receiver to pay the same, as soon and as often as any publick moneys shall come into his hands. But if the commissioners, or the major part of them, as aforesaid, shall have reason to believe that money will not come into the Receiver's hands in such time as the same ought to be paid in, that then and in such case, the commissioners hereafter named, or the major part of them, so met as aforesaid, shall have power, and they are hereby impowered, to cause the said sum of one hundred and fifty pounds, for the rector or minister of the parish of St. Philip's in Charlestown, and also the several sums for all or any the rectors or ministers in the other parishes of this Province, mentioned in this Act, to be assessed and levied by any two or more freeholders of the several parishes; which freeholders, so ordered and appointed by them, are hereby required and commanded, upon their oaths, to assess and levy any the aforesaid sums, of one hundred and fifty pounds, upon all and singular the inhabitants of Charlestown and the adjacent parts, within the limits aforesaid, and also the several sums, as by this Act directed, upon all and singular the inhabitants of the other parishes, equally and indifferently, according to the several estates, stocks and abilities of the several inhabitants. And the said commissioners, hereafter named, or any three or more of them, by their warrant, under their several hands and seals, directed unto any of the constables belonging to any of the particular parishes aforesaid, shall order the sum or sums of money so assessed, to be collected from the said several inhabitants; and in case of refusal to pay, the same to be levied by distress and sale of the offender's goods, returning the overplus, after reasonable charges deducted. And the several constables of this Province are hereby required to execute such warrants from the said commissioners, upon the penalty of the forfeiture of fifty pounds for every neglect, to be recovered and disposed of as hereafter is directed in this Act.

XX. And be it further enacted by the authority aforesaid, That the several rectors or ministers of the several parishes mentioned in this Act, shall have and receive all such fees and perquisites arising within their several parishes, as are of right due to any rectors or ministers by the laws and customs of this Province.

XXI. And be it further enacted by the authority aforesaid, That the rectors or ministers of the several parishes, that shall be qualified and have right to receive tlie publick moneys, required to be paid to them by this Act, shall, after the ratification of this Act, be chosen by the major part of the inhabitants of the severall parishes, that are of the religion of the Church of England and do conform to the same, and that are either freeholders withm the said several parishes, or that contribute to the publick taxes and charges thereof; or such of them as shall think fit to attend and repair to their respective parish churches, or other publick place appointed, upon a meeting ordered by the commissioners hereafter named, or the major part of them, of which publick notice shall be given, at least ten days before the time of such meeting appointed as aforesaid.

XXII. Whereas, the far greater part, if not all, of the inhabitants belonging to the parish of St. Dennis, in Orange Quarter, and also the inhabitants belonging to the parish of St. James, on Santee River, were born in the kingdom of France, and have not the advantage to understand the English tongue, so as to receive any benefit or edification if the divine service, prayers and sermons were performed in the English tongue; Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the rectors or ministers of the said parishes, during such time and as long as the major part of the inhabitants of the said parishes shall think fit and convenient, to perform and read the common prayers, and to administer the sacraments, and to use all the other rites and ceremonies according to the use of the Church of England, as also all other proper prayers and sermons in the French tongue, and no longer. Provided always, that they use the translation of the said book of common prayers, &c. which was translated into the said French tongue by Dr. John Durrell, by the express command and order of his late Majesty King Charles Second, for the use of his Majesty's Chapel of the Savoy and his Islands of Jersey and Guernsey, and such other parts of his said Majesty's dominions as should want the same; which translation was, with the approbation of the Lord Bishop of London, by his said Majesty's order, ordered to be set forth, and no other.

XXIII. And be it further enacted hy the authority aforesaid, That the Right Honourable Sir Nathaniel Johnson, Knt., the Honourable Thomas Broughton, Esq., Nicholas Trott, Esq., Col. Robert Gibbes, Henry Noble, Esq., Ralph Izard, Esq., Col. James Risbee, Lieut. Col. William Rhett, Lieut. Col. George Logan, Mr. Arthur Middleton, Capt. David Davis, Mr. Thomas Barton, Mr. John Abraham Motte, Capt. Robert Seabrook, Mr. Hugh Hicks, Mr. John Woodward, Mr. Joseph Page, John Ashby, Esq., Richard Beresford, Esq., Mr. Thomas Wilkinson, Capt. Jonathan Fitch, Mr. William Bull, Mr. Rene Ravenel, and Mr. Philip Gendron, or the major part of them, who shall meet upon publick summons, as is hereafter directed by this Act—provided the persons that meet are not less than eleven—be and are hereby nominated and appointed to be the Commissioners mentioned in this Act, and to exercise all the authorities and powers given them as commissioners by this Act, in the several parts thereof. And in case of the death, absence or resignation of the said commissioners, the remaining commissioners, or so many of them as will meet, (provided they exceed the number of ten,) being summoned at least six days before they meet, at some convenient place appointed for that purpose, such commissioners as shall so meet upon such summons, or the major part of them, shall and may choose a person or persons, of the profession of the church of England, to be commissioner or commissioners in the room of such person or persons dead, gone off, or resigning, as to them shall seem meet; which persons so choosen shall and are hereby declared to be commissioners for this Act, as fully and amply as if they had by name been mentioned in this Act.

XXIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the commissioners of this Act to meet to transact the business of this Act twice in the year, that is to say, on the second Tuesday in January and on the second Tuesday in July, at the church at Charlestown, without any notice or warning to be given thereof, and oftener if occasion shall require it, upon publick notice thereof, or summons signed by the Governour, six days before such meeting, appointing a convenient time and place; or in case the Governour shall refuse to issue out such summons upon the application of any three commissioners to him for the same, that then it may be lawful for the said three commissioners, or any other three commissioners of this Act, to issue out their summons, appointing the time and place of the meeting of the commissioners; and so many of them as shall meet by virtue of such summons, provided they are not less than eleven, and the majority of them eleven consenting, may put in force and execution any of the powers granted to the commissioners by this Act.

XXV. And be it further enacted by the authority aforesaid, That the commissioners before named, or the major part of them, shall, and hereby are authorized and Impowered, by an order under their hands, to draw out of the public treasury such sum or sums of money as shall by them, or the major part of them, be estimated a convenient salary to their clerk, the same to be continued to him untlll all the churches and houses, and all other the buildings mentioned in this Act, shall be finished, and to make him convenient allowance for pen, ink and paper and other necessary expenses to be made in and about the execution of this Act.

XXVI. And to prevent all illegal and unlawful marriages, not allowed by the Church of England, but forbidden by the table of marriage, Be it enacted by the authority aforesaid, That no minister in this Province, knowing the same, shall presume to join together in marriage any persons whatsoever contrary to the table of marriages, by this Act appointed to be set up in every parish church within this Province, under the penalty of one hundred pounds; nor shall any person forbidden to marry by such table of marriage, presume to be joined in marriage, under the penalty of fifty pounds, or twelve months imprisonment.

XXVII. And be it further enacted by the authority aforesaid, That no justice or magistrate, being a layman, shall presume to join any persons in marriage, under the penalty of one hundred pounds currant money of this Province, to be recovered and disposed of as hereafter in this Act is directed.

XXVIII. And the better to promote the execution of the good laws of this Province so far as concerns the respective parishes, and for the more easy dispatch of parish business. Be it further enacted, by the authority
aforesaid, That there be vestries in each parish of this Province; and in every parish where any rector, minister or incumbent shall lawfully be according to the laws and usage of this Province appointed, and in possession of any living, and residing therein, he shall, during the continuance aforesaid and no longer, be one of the vestry of each parish.

XXIX. And be it further enacted by the authority aforesaid, That there shall be seven more vestrymen in each parish, who shall be inhabitants in each respective parish for which they are chosen, and shall conform to and be of the religion of the church of England, and shall be chosen by the inhabitants of each parish, as hereafter in this Act is directed.

XXX. And be it further enacted by the authority aforesaid, That on Easter Monday, which shall be in the year of our Lord one thousand seven hundred and seven, the inhabitants of each parish, that are of the religion of the Church of England and that do conform to the same, and that are either freeholders within the same parish or that contribute to the publick taxes and charges thereof, or so many of them as shall think fit to attend, shall meet at their parish church, or for want of a parish church, at such place as the commissioners above named in this Act, or the major part of them that shall meet upon publick summons shall appoint, and shall there elect seven sober and discreet persons, inhabitants of the parish, that are of the religion of the church of England and do conform to the same, and that are either freeholders within the same parish or that do contribute to the publick taxes and charges thereof, to be vestrymen for the said parish for the space of one year. And so on Easter Monday yearly for ever, the inhabitants of each parish, qualified as aforesaid, shall choose seven persons, qualified also as aforesaid, to be vestrymen for that pansh for which they are elected; and in case of the death or resignation or other legal discharge of any of the seven of the vestrymen of any of the parishes chosen as aforesaid, the remaining part of such vestries shall with all convenient speed summon and appoint a general meeting of all the inhabitants of the said parish, who are of the religion of the Church of England and conform to the same, and that are either freeholders within the same parish and that do contribute to the publick taxes and charges thereof, who by majority of voices shall choose one or more sober and discreet person or persons, that are also inhabitants of the said parish, and of the religion of the Church of England and conform to the same, and that are either freeholders within the said parish and that do contribute to the publick taxes and charges thereof, to supply such vacancies.

XXXI. And be it further enacted, by the authority aforesaid, That all such persons that shall be so elected and chosen, shall take the usual oaths appointed by Act of Parliament instead of the oaths of allegiance and supremacy, and likewise subscribe the test, and shall also take the following oath, viz. I, A. B. do solemnly swear and declare that I will justly and truely execute the trust or office of a vestryman of this parish, according to the best of my skill, knowledge and power, without prejudice, favour or affection. Which said oaths, at the election of any vestrymen as aforesaid, are to be administered by any Justice of the Peace of the County where such vestry is, who are hereby required and impowered to administer the same; and every person being so elected and chosen a vestryman as before by this Act is directed, having taken the oaths and subscribed the test, as required by this Act, and not before, shall be deemed and taken as one of the vestry to all intents and purposes.

XXXII. And for the keeping a fair register of all such vestry's proceedings and for registering of all births, christenings, marriages and burials in each respective parish, Be it further enacted by the authority aforesaid, That each vestry shall, and is hereby obliged to provide a fit person for a Register, who shall at all times keep a true and fair register of the several proceedings of such vestry from time to time in executing their trust and authority, and make just and true entries thereof; which person so to be appointed for keeping such register, shall take the oaths appointed by Act of Parliament, instead of the oaths of Allegiance and Supremacy, and subscribe the test, and also an oath for the true and faithful execution of his office, which said oath shall be taken before the said vestry, who are hereby impowered and required to administer the same accordingly; and having so done, and not before, the said Register shall then be admitted into the said office, and shall make true entry of all vestry proceedings, and of all births, christenings, marriages and burials, (negroes, molatoes and Indian slaves excepted,) that is to say, the Christian and sir-name, with the day and month and year of every such births, christenings, maniages and burials; to which purpose all and every the inhabitants of each parish, that, are either parents, guardians, overseers, masters, mistresses, or executors or administrators of any persons born, christened, married or buried within this Province, (except such before excepted,) are hereby enjoined and required to give notice to the Register of such parish, within two months after such birth, christening, marriage or burial, and pay him one royal for entering it at the time of giving notice aforesaid, under the penalty of five shillings, to be forfeited by such inhabitant aforesaid refusing or neglecting as aforesaid, and under the penalty of five pounds to be forfeited by such Register refusing or neglecting to enter it, having received his fee for the same. And such Register is hereby obliged to shew any person or persons, reasonably desiring it, any such register, or give a certificate of any register of any births, christenings, marriages or burials, that shall be reasonably required of him, and shall have for his fees from such persons one royal for any search and two royals for any copy or certificate given as aforesaid, and no more; hereby ratifying and confirming as valid all registers and entries of births, christenings, marriages or burials, heretofore made in this Province by any person lawfully authorized, commissioned and impowered to do the same, by any law or custom in this Province, before the making of this Act.

XXXIII. And that the Register of each parish may be enabled to perform the charge hereby required of him, Be it further enacted by the authority aforesaid, That the church wardens of each parish within twelve months after the ratification of this Act shall, at the parish charge, provide good and substantial writing books, well bound, sufficient for registering such proceedings in, according to the directions of this Act, under the penalty of five pounds for each church warden's neglecting the same.

XXXIV. And be it further enacted by the authority aforesaid, That the respective vestries of each parish, with all convenient speed, and within twelve months at the most after the ratification of this Act, shall procure a fair table of marriages, transcribed and set up in their respective churches, and the same keep continually in the said churches, that persons being thereby informed what marriages are forbidden, may avoid the contracting of any such unlawful marriages.

XXXV. And ve it further enacted by the authority aforesaid, That on Easter Monday in the year one thousand seven hundred and seven, and so yearly on every Easter Monday for ever, the inhabitants of each parish that are qualified by this Act to choose vestrymen, shall meet at their parish church, or for want of a parish church, at such place as the commissioners above named in this Act, or the major part of them that shall meet upon publick summons shall appoint, and shall there make choice of and appoint two sober and discreet persons, inhabitants of the parish, that are of the religion of the Church of England and do conform to the same, and that are either freeholders within the same parish or that do contribute to the publick taxes and charges thereof, to be church-wardens for that year; which church-wardens so chosen shall take the usual oaths appointed to be taken instead of the oaths of allegiance and supremacy, and likewise subscribe the test, and likewise declare on his oath, to be administered unto him by the vestry, to whom power is hereby given to administer the same accordingly, well and faithfully to execute the office, for the ensuing year, according to the laws and usages of the said Province, to the best of his skill and power, and until he shall be thereof duly discharged. And any such person or persons so chosen church-wardens and that shall wilfully refuse to serve in the said office and take the oaths aforesaid shall forfeit the sum of ten pounds, to be recovered as hereafter by this Act is directed. And in case any person chosen for church-warden, as above prescribed, shall happen to dye before the expiration of the year for which he is chosen, that then the major part of the vestry of the parish, with all convenient speed, shall summon and appoint a meeting of all the inhabitants of the parish, qualified as before directed, to choose a person qualified also as is before directed, to be church-warden the remaining part of the year, in the room of such church-warden so deceased.

XXXVI. And be it further enacted by the authority aforesaid, That the clerk of each parish church and the sexton shall be chosen by the major part of the vestry of each parish, which said clerk and sexton shall continue in their offices during their lives, if they shall so long inhabit in the parish, excepting the vestry for the time being shall think fitting to remove either of them, which they are hereby impowered to do, and upon such removal the said vestry, or the major part of them, may appoint another in the room of the person so removed.

XXXVII. And be it further enacted, by the authority aforesaid, That the church-wardens of each parish for the time being shall and are hereby required, from time to time, to pay yearly, at the charge of the parish, any sum not exceeding ten pounds current money of this Province, to the clerk of each parish to be appointed as aforesaid; and any sum not exceeding five pounds, like current money, to the sexton of each parish.

XXXVIII. And that there may be no neglect in the several vestries or those employed under them, in the lawful and conscionable performance of their several charges, and also for the preventing of delay and other inconveniencies which might happen if there were a necessity for the expecting the attendance and presence of all the said vestry-men, and at the same time to prevent the doing any thing of consequence by surprise, by a small number of them; Be it hereby enacted by the authority aforesaid, That the first Tuesday in January, in April, in July and in October, shall be and is hereby fixed and ascertained for the holding of a vestry at eleven of the clock in the forenoon, in the usual place for that purpose, without any notice or warning to be given thereof; at which time and place, the major part of the vestry-men then present (so as such majority be not under the number of five persons) shall be esteemed as a vestry, and shall have full power to order, direct and act in all things by this Act appointed to be done, according to this Act, as a vestry; and the said several vestries are not only obliged to meet once in every of the said months, as before by this Act is directed, but also as often as need shall require, upon publick notice given either by the rector or minister of each parish or by any three of the vestry men of the parish, to consult of the methods and ways of performing the several authorities reposed in them; and from which vestry so appointed, no vestry-man, being personally summoned, shall, without a reasonable and lawful excuse, absent himself, under the penalty of such fine or mulct as the residue of the said vestry meeting shall lay upon him, so as the same never exceed ten shillings. And that in case any vestryman shall remove or withdraw himself from the parish, or voluntarily frequently neglect to give his attendance and absent himself from the vestry, or otherwise become unfit or uncapable to continue to execute such office or trust, that in any such case the residue of the said vestry or the majority of them (so as such majority be not under five persons) shall and may have power, (after personal notice given to such party, if it conveniently may be, or the affixing of a publick notice upon the great door of the church for three several Sundays successively, if publick notice cannot be given without great difficulty, charge or delay, of their intentions to proceed in such manner,) to remove such person from being a vestryman, and to declare his office void, and to summon a meeting of the parishioners, qualified as is above directed, for the electing of another in the place of such person, and shall (after allowing a reasonable time to such person to make his complaint, if he apprehend himself injured, not exceeding a fortnight) proceed to a new election accordingly.

XXXIX. And be it further enacted hy the authority aforesaid, That the church-wardens and vestry of each parish be authorized and required to take constant care to satisfie and pay the parochial charges, and all necessary repairs and amendments of their respective churches, chappels or church yards, and cause the same at all times to be repaired and amended as need shall require, out of such gifts, goods or chattels as shall come to their hands, for the church or parish use, and also out of such fines, forfeitures and mulcts by this law incurred, and afterwards by the same given to the church wardens to be applied to the said uses; and in case they shall not have sufficient effiects to pay parochial charges as aforesaid, or to make such necessary repairs as are required, then, and not otherwise, it shall be lawful for the respective vestry of each parish to order three sober and discreet persons to assess such sum as shall be necessary to repay the parish charges aforesaid, (provided the same exceed not one hundred pounds,) by an equal assessment of the estate, real and personal, of all and every the inhabitants, owners and occupiers of lands, tenements and hereditaments, or any personal estate, within the several parishes; which assessment being returned, to the said vestry upon oath, who are hereby impowered to administer an oath accordingly, and being by them approved in open vestry, it shall then be lawful for any Justice of the Peace of the county, by a warrant under his hand and seal, directed to any of the constables of the several parishes, to levy the sum assessed upon each person by distress and sale of such person's goods as shall refuse the same, returning the overplus after reasonable charges deducted; and for want of such sufficient distress to commit the person to prison till payment be made; and the several constables of this Province are hereby required to execute such warrants under the penalty of the forfeiture of ten pounds for every neglect.

XL. And that there may not be any oppression or misapplication of the publick revenue of such vestries, or just cause of complaint against them without redress, Be it enacted by the authority aforesaid, That all and every parishioner or parishioners whatsoever, who contribute to the publick taxes and charges of the parish, shall and may require the Register herein before mentioned, at any reasonable and convenient time or times, to give them an inspection of the vestry books and accounts of all and every their orders and proceedings, and shall and may take copies thereof, (paying a reasonable fee for the same, according to the length thereof and the trouble of attendance;) and that all and every person or persons whatsoever, who shall find or apprehend him, her or themselves grieved or injured, or that the body of the said parish is injured or oppressed by any acts, orders, rules, accounts or other proceedings of any such vestry, the parties so injured, or any others in their behalf, or in the right of the whole body, may from time to time appeal for redress against all and every such orders, accounts and other proceedings, to the Commissioners above named, which Commissioners, or the major part of them that shall meet as aforesaid upon publick summons, are hereby required and impowered to examine, hear and determine all and every such appeals and complaints for redress, and to give redress as they in their judgments shall think agreeable to justice and equity; and such their order, judgment and decree shall be final, and bind all parties.

XLI. And be it further enacted by the authority aforesaid, That all the fines and forfeitures mentioned in this Act, that do not exceed the sum of forty shillings, shall be recovered, prosecuted, adjudged, levied and distrained by any one Justice of the Peace in this Province, as in the Act for the Tryall of Small and Mean Causes is directed, and the same being so recovered, shall be paid to the church wardens of that parish where the person inhabits, against whom the forfeiture is recovered, to be disposed of towards the defraying the public charges of the said parish. And all the fines and forfeitures mentioned in this Act, exceeding the sum of forty shillings, the half of such fines and forfeitures shall be paid into the hands of the church wardens of the parish where the person inhabits, against whom the forfeiture is recovered, to be disposed of towards the defraying the publick charges of the said parish, as the Commissioners above named, or the major part of them, that shall meet upon publick summons, shall order and direct; and the other half to him or them that will sue for the same, by action of debt, suit, bill, plaint or information, in any Court of Record in this Province, wherein no essoign, protection, privilege, injunction, or wager of law, or stay of prosecution by non vult ulterins prosequi, or otherwise, shall be admitted or allowed.

XLII. And be it further enacted by the authority aforesaid, That if any action, plaint, suit or information shall be commenced or prosecuted against any person or persons, for what he or they shall do in pursuance or execution of this Act, such person or persons, so sued, may plead the general issue of not guilty, and upon issue joined, give this Act and the special matter in evidence; and if the plaintiff or prosecutor shall become non-suit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recover his or their treble costs, for which they shall have the like remedy as in any case where costs by law are given to the defendants.

Read three times and ratified in open Assembly, this 30th of November, 1706.

N. JOHNSON,
THOMAS BROUGHTON,
NICHOLAS TROTT,
HENRY NOBLE.