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1715 TO 1791.

1715

(2 GEORGE I.)

("The Six Confirmed Laws.")

CHAPTER I.

An Act concerning Marriages.

I. For as much as there may be divers people that are minded to be joined together in the Holy Estate of Wedlock & for that there is yet no Minister in this Country by whom the said persons may be joined in Wedlock, according to the Rites & Customs of our natural Country, the Kingdom of England; that none may be hindered from so necessary a work for the preservation of Mankind & settlement of this country.

II. It is enacted, & Be it Enacted by the Palatin & Lords Proprietors of Carolina, by & with the consent and Advice of the present Grand Assembly & the authority thereof, that any two persons desirous to be joined together in the Holy Estate of Matrimony, taking three or four of the neighbours along with them & repairing to the Governor or any one of the Council, be fore him declaring that they do join together in the Holy Estate of Wedlock & do accept one the other for Man & Wife, and the said Governor or Councellor before whom such Act is performed, giving certificate thereof & the said certificate being registered in the Secretary's office, or by the Register of the Precinct or in such office as shall hereafter be appointed for that use, It shall be deemed a Lawful Marriage & the persons violating that marriage shall be punished as if they had been married by a Minister according to the Rites and Customs of England.

CHAPTER II.

An Act for Transferring of Rights.

I. There being divers persons who resort into this Country & perhaps ir a short time leave it again; Yet, nevertheless, while they are here they make sale of their Rights & Lands, which thing may prove very prejudicial to our Lords Proprietors and to the speedy settlement of this Government.

II. Be it therefore Enacted by the Palatin & Lords Proprietors by & with the consent of this present Grand Assembly and the authority thereof, that no person or persons whatsoever shall make sale of their Rights until they have been two compleat years at least and Inhabitants in the Country.

CHAPTER III.

An Act concerning the Defraying the Charge of the Government & Council. I. Whereas there hath never been any course taken for the defraying the necessary Charge of the Government & Council in time of Court, And forasmuch as the Grand Assembly do think it unreasonable that they should spend their time in the service of the Country & not have their charges borne. II. Be it therefore Enacted by the Palatin & Proprietors by & with the advice & consent of the present Grand Assembly and the Authority thereof that there be Thirty pounds of Tobacco levied upon every Action that comes into Court from him that is Cast & that it be levied & collected by the Sheriff with his Fees & disposed of by the Order of the Governor and Council for defraying their ordinary charge.

I.

CHAPTER IV.

An Act prohibiting Strangers Trading with the Indians.

Forasmuch as there is often recourse of strangers from other parts into this Country to truck & trade with the Indians which is conceived may prove prejudicial, wherefore,

II. Be it Enacted by the Palatin & Lords Proprietors by & with the advice & consent of the present Grand Assembly & the Authority thereof, that if any person or persons of what Quality or Condition soever they be, shall presume to come into this Country to Truck & Trade with any of our Neighbour Indians belonging to the Country, or shall be found to have any Indian Trade purchased from them, or being found or appearing that they come to trade with any Indians as aforesaid whether in their Town or Elsewhere within the Country, which is hereby left for the Majistrate to judge, It shall be lawful for any person or persons to apprehend any such person or Foreigner that shall be found amongst the Indians or elsewhere within the limits of the Country and him or them bring before the Governor or any one of the Council, who shall hereby have power to commit them to prison there to abide until they have paid Ten thousand pounds of Tobacco & Cask; otherwise to stand to the censure of the Governor.

III. And it is further declared that whatsoever Trade is found with the person apprehended one half thereof & one half of the Fine shall belong to the Apprehender & the other half to the Lords Proprietors.

CHAPTER V.

An Act for the Speedy Settlement of Lands.

I. Whereas there are several of the Inhabitants within this Country that formerly did clear some small quantity of Land & built some Houses thereon which they have forsaken; especially on the South Lancaster side & the West side of Chowan, and other parts of the Country. And forasmuch as the Land lyeth void & unplanted; which proves an hindrance of the settlement of the Country:

II. Be it therefore Enacted by the Palatin & Lords Proprietors by & with

the consent & advice of the present Grand Assembly and the Authority thereof, that any person or persons that have.

(The rest is lost.)

CHAPTER VI.

An Act exempting New-Comers from Paying Levies for one Year. (Missing.)

NOTE. The above six acts were enacted prior to 1715 and confirmed anew at that session.-EDITOR.

CHAPTER VII.

(Repealed by Act 4 April 1741.)

An Act for the better observing the Lord's Day called Sunday, the 30th of January, the 29th of May & the 22nd of September; And also, for the suppressing Prophaneness, Immorality, & divers other vicious & Enormous Crimes.

I. Forasmuch as by the great neglect in keeping Holy the Lord's Day & the little regard had to all other days & times appointed to be kept religiously, Impiety is likely to grow to a very great height, if not timely prevented, to the great Dishonour of the Almighty and scandal of this Province, Wherefore for the Speedy & Effectual Redressing thereof,

II. Be it Enacted by his Excellency the Palatine and the rest of the True & Absolute Lords Proprietors, by & with the advice & consent of the General Assembly now met at Little River for the North-East of the Province

of Carolina,

III. And It is hereby Enacted by the Authority aforesaid, that from & after the Ratification of this Act, all & every person and persons whatsoever shall on every Lord's Day apply themselves to the holy Observation thereof by exercising themselves publickly & privately in the required duties of Piety & true Religion & that no Tradesman, Artificer, Workman, Labourer, or any other person or persons whatsoever shall do or exercise any Worldly Labour, Business or work of their Ordinary Callings, or shall employ themselves either by Hunting or Fishing on that Day or any part thereof (Works of Necessity & Charity only excepted,) and that every person being of the Age of fourteen years or upwards, Offending in the Premises, shall for every such offence forfeit & pay the sum of Tenn

Shillings.

IV. And Be it Further Enacted by the Authority aforesaid, that the 30th of January, being the Day whereon the late Royall Martyr & sovereign King Charles I. was barberously murthered; And 22nd of September being the Anniversary of the late barbarous massacre committed by the Indians on the Inhabitants of Bath County in the year 1711, are & shall be hereby appointed to be kept & solemnized, annually, as Days of Humiliation, with Fasting & Prayer; And the 29th of May being the Day of the Birth & happy Restoration of the late King, Charles II of Blessed Memory shall be yearly celebrated as an Holy Day & that if any person or persons shall be found Gameing, Drinking or Working or otherwise Using and doing any Act or Deed on the said 30th of January, 22nd of September, or not celebrating the said 29th Day of May as an Holy Day, contrary to the true Intent & Meaning of this Act (Works of Necessity & Charity only excepted) he, she, or they, so offending shall be fined the sum of Five Shillings.

V. And Be It Further Enacted that no Planter, Merchant, their Servants shall cause or encourage or permit any Servant, or Servants, Slave or Slaves to work on the Lord's Day or any of the other Days appointed by this Act to be kept Holy every such Master, Mistress or Overseer shall for every Servant or Slave forfeit & pay the sum of Five Shillings for every such offence.

VI. And be it Further Enacted that no Planter, Merchant, their Servants cr Slaves, nor any other person or persons whatsoever shall Use, Employ, or Trade with any Boat, Cannoe, or Periauguer, on the Lord's Day (except in cases of Necessity or to attend the Publick Worship) upon Pain that every person so offending shall forfeit & pay for every offence the sum of Ten Shillings.

And if any Ordinary or Punch-House Keeper shall sell any Wine, Beer, Punch or other Liquors on the Lord's Day, the 30th of January, or the 22nd of September aforesaid (except it be for necessary occasions, for Lodgers or Sojourners) every person so offending shall for every such offence forfeit & pay the sum of Ten Shillings.

VII.

And Forasmuch as Prophane Swearing & Cursing is forbidden by the Word of God, Be it therefore Enacted by the Authority aforesaid that no person or persons shall prophanely Swear or Curse, upon pain of forfeiting & paying the sum of Two Shillings & six pence for every Oath or Curse if a private person; But if any person in Office, shall prophanely swear or curse, then such person shall forfeit & pay the sum of Five Shillings. And further, in case any person or persons shall prophanely swear or curse in any Court-House Sitting the Court, He or She shall upon Conviction, Immediately pay the sum of Five Shillings or be set in the Stocks for the space of three Hours by order of the Court before which the Offence was committed.

VIII. And whereas the odious & loathsome Sin of Drunkenness is of late grown into common Use within this Province & being the Root & Foundation cf many Enormous Sins,

IX. Be it therefore Enacted that all & every Person & persons that shall after the Ratification hereof be drunk upon the Sabbath Day, the 30th of January, the 22nd of September, shall forfeit & pay the sum of Ten Shillings, if on any other day the sum of Five shillings for every such offence.

X. And be it further Enacted that if any person or persons shall offend in any of the aforesaid premises in the presence of any Justice of the Peace of the Precinct where the Crime shall be committed & shall thereof be convicted by him or by his own confession or by the proof of any one or more witnesses, upon Oath before any other Justice of the Peace for the said Precinct, or before any Justice of the Peace of the Precinct where the party so offending had or hath at the time of conviction, his usual Residence & Aboard, then the said Justice, who is hereby impowered to give & administer the said Oath before whom such person or persons shall be convicted, shall give & issue out a Warrant under his Hand & Seal to the Marshall or Constable of the Precinct where the Offender shall be convicted, thereby commanding him (upon non-payment of the Fines & Forfeitures aforementioned) to Levy the same by way of Distress & Sale of the Goods of every such Offender-rendering to the Offender (after the Charges of Makeing Distress as aforesaid are first deducted) the overplus of the money raised thereby & in default of such Distress or in case of Insufficiency or Inability of the said Offender to pay the said Forfeitures & Penalties, Then set him, her, or them publickly in the Stocks by the Space of Three Hours.

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