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XI. And Be it Further Enacted that all Forfeitures ariseing by Virtue of this Act shall be delivered by the Justice (before whom he shall be convicted) to the Church Warden of his parish wherein the Distress shall be made to be paid, one half to the Informer & the other to the Use of the poor, and the said Church Warden to be accountable to the Vestry for the same: Provided that nothing in this Act contained shall extend to the prohibiting of Dressing Meat in Families or Dressing or Sellng Meat in Publick Houses for such as cannot otherwise be provided for; And Provided also, that no person or persons shall be prosecuted or molested for any offence before mentioned in this Act, unless he or they be prosecuted for the same within Ten Days after the Offence committed.

XII. And be it Further Enacted by the Authority aforesaid, that every person who shall be convicted of fornication in the Precinct Court where he or she shall be so convicted, shall for every time so offending be fined the sum of Fifty Shillings, one half for the Informer & the other half to the Church Wardens for the use of that Parish or precinct or to receive Corporal punishment by being publickly whipped at the Discretion of the Court, not exceeding One and twenty lashes; And that every person that shall be convicted of Adultery shall be fined the sum of Five pounds to the uses aforesaid, or to receive corporal punishment as aforesaid. And for the preventing of Charges accruing to the parish or precinct wherein any Bastard Child or Children shall be born.

XIII. Be it Further Enacted that any two Justices of the Peace, upon their own knowledgement or Information made to them, that any single woman is bigg with child may cause such woman to be brought before them & examine her upon her Oath concerning the Father & to cause the man whom she shall accuse to be brought before them & to enter into Bond payable to the Justice of the Precinct Court, for the time being & to their Heirs & Successors, with condition that he shall discharge the precinct or parish of & from the said child & shall also observe & keep such further orders for the maintaining the said Child as the said Court shall see convenient & agreeable. But in case any woman shall obstinately refuse to confess who is the Father of such Bastard Child, or any man so accused shall deny to enter into Bond for discharging the precinct or parish, & for maintaining the said Child as aforesaid, then it shall & may be lawful for the said Justices before whom he or she are brought, to commit him or her to the safe Custody of the Marshall or his Deputy untill such time as he or she shall be discharged therefrom by the Precinct Court, the Justices whereof are hereby authorized & impowered to inflict such Corporal or other punishment as to them shall seem most reasonable for such contempt.

XIV. And Whereas to the Great Scandall of this Government, many persons from Foreign Parts have come & settled themselves here as man & wife, when by their Actions & Behaviour, or by some knowledge of others, they appear not only to be unmarried to each other, but too often are the husband & wife of others, Wherefore for the further prevention thereof,

XV. Be it Further Enacted that whatever man or woman shall hereafter come into this Government from Foreign Parts & shall here live together as Man & Wife & shall be accused by credible report or Common Fame that they are not lawfully married, such Man & Woman shall be convened before the next Magistrate & by him compelled, within twelve months after, to produce a sufficient Certificate of their marriage, or, at least, that they have been taken & reputed to be Man & Wife in the Government where

they last resided; otherwise, to be treated as Vagabonds & expelled the Government.

XVI. And It Is Also Enacted that this Act shall be read publickly by the Minister of every parish immediately after Divine Services at least twice every year, viz., on the first Sunday in the months of March & October, & for want of such Ministers by the Clerk of every Precinct Court, at the Courts holden in the months of April & October, yearly during the times of the Court sitting, under the penalty of paying Twenty Shillings for every Default & Neglect

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN'S FOSTER,
T. KNIGHT.

CHAPTER VIII.

(Repealed by Act 4 April, 1741.)

An Act for Establishing the Church & Appointing Select Vestrys. I. This Province of North Carolina being a Member of the Kingdom of Great Britain; & the Church of England being appointed by the Charter from the Crown to be the only Established church to have Publick encouragement in it; We, therefore to express our gratitude to the Rtt. Honble, the Society for promoting the Christian Religion in Foreign parts, and their Zeal for the promoting our Holy Religion by making such provisions for the building of Churches & Chappels & Maintainance of the Clergy as the Circumstances of this Government will admitt Do pray that it may be enacted, and

II. Be it Enacted by his Excellency the Palatine &c. It is hereby Enacted that this province of North Carolina be divided into parishes according to the Divisions & precincts hereafter mentioned that is to sayChowan precinct into two parishes, to be divided by Albemarle Sound & Chowan River & shall be distinguished by the names of the Eastern parish of Chowan & the South West parish: Pasquotank precinct into two parishes to be divided by Pasquotank River & shall be distinguished by the names of the North East parish of Pasquotank & the South West parish of Pasquotank. Perquimins, Carrituck & Hyde to be parishes & bounded by the Limits of the several precincts: the remaining part of Pamlico River and the Branches thereof, commonly called Beaufort precinct to be one parish by the name of St. Thomas Parish: And Neuse River & the Branches thereof by the name of Craven parish to which all the Southern settlements shall be accounted a part of the same parish until further Divisions be made.

III. And Be It Further Enacted by the Authority aforesaid that there shall be a Vestry in each & every of the aforesaid precincts & parishes consisting of the Minister of the parish, when any such shall be there resident, & Twelve men whose names are hereafter mentioned.

EASTERN PARISH OF CHOWAN PRECINCT.

The Hon. Chas. Eden, Esq.,

Col. Edw'd Moseley,

Capt. Fred'k Jones,

Mr. Jas. Tayloe,
Capt. Henry Bonner,
Mr. John Blount,

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IV. Which said Vestrymen are to be summoned by the Marshall or his Deputy in each precinct or parish to meet together at the Church, Chappel or Court-House in every precinct, or if there be none, then at such other place as the Marshal shall appoint within forty Days after the publication of this Act. Or if any person or persons appointed by this Act to be a Vestry. man shall fail to meet as aforesaid, upon such summons, he & they shall forfeit & pay the sum of Three pounds. And if the Marshal shall refuse or neglect to summons the Vestryman as is before mentioned & appointed he shall forfeit the sum of Twenty Shillings for every Vestryman not summoned.

V. And Be It Further Enacted, by the Authority aforesaid that all & every person or persons who by this Act are appointed Vestrymen within any parish or precinct within this Government shall on or before the Easter Monday next ensuing the Ratification of this Act; and all & every persons who at any time hereafter shall be elected a Vestryman or become a member of any Vestry within the Government, shall within one month after his becoming a Vestryman, or member of any Vestry, before some one or more Justice or Justices of the Peace within that parish or precinct besides taking the Oaths by Law enjoyned make & Subscribe the Declaration following, viz. I, A. B. do declare that it is not lawful upon any pretence whatever to take up Arms against the King & that I will not apugne the Liturgy of the Church of England as it is by Law established.

VI. And that all & every person who shall neglect & refuse to do the same within the respective times aforesaid shall be deprived of such his place of Vestryman & of being a member of such Vestry to all Intents & purposes, & such places shall be actually void; & if such person is not a known & publick dissenter from the Church of England, he shall also forfeit the sum of Three pounds.

VII. And that from & after such Neglect or refusal it shall be Lawfull for the remaining part of the Vestrymen to proceed to the election or nomination of some other discreet Freeholder of the respective parish, in the Room of such persons so neglecting or refusing as aforesaid. And if such person so to be elected in the Room of such person so neglecting or refusing, shall also neglect or refuse to Make & Subscribe the Declaration & Acknowl. edgement in Manner & Time aforesaid, In such Cases, if the Vestry shall Not proceed to Election within one month after such Vacancy, then it shall be Lawful to & for the Present Incumbent (if any) & for want thereof, the Commander in Chief of the Government for the time being, under his hand & seal to select & nominate a discreet Freeholder of the parish in such

vacant Room, which person so to be elected & nominated, after his making Subscription in manner & time aforesaid, shall be deemed & taken to be a Vestryman or member of such Vestry, as if he had been expressly nominated by the Act.

VIII. And Be It Further Enacted, by the Authority aforesaid that the Vestrymen of every Precinct or Parish, or the greatest part of them shall choose two persons who are Vestrymen to be Church Wardens, who shall continue in that Office one year & no longer unless he or they shall be willing, & then two other Vestrymen shall succeed in the same office for the next year & so, successively, until every Vestryman hath served in the Office aforesaid.

IX. And Be It Further Enacted by the Authority aforesaid that if any person who shall be chosen Church-Warden shall refuse to execute that Office without Lawfull cause, he shall forfeit & pay Thirty Shillings to be levied upon the Estate of the person refusing by Order of the Vestry or greater part of them, to be disposed of for the Use of the parish, upon which such person shall be excused untill his turn come again in course. And the Church-Wardens in each respective parish and their Successors shall have full power to call the Vestrymen together & to appoint the time of their meeting, & in case of their neglect so to do, when Occasion shall so require, it shall be Lawful for three or more of the Vestry to do the same. And if any Vestryman shall fail to give his Attendance at such time of meeting without Lawfull cause to be allowed & approved of by the Vestry or the greatest part of them, shall forfeit & pay Ten Shillings for every such Default to be levied & disposed of in manner aforesaid.

X. And Be It Further Enacted by the Authority aforesaid, that the Several Church-Wardens & Vesteries or the greatest part of them shall use their best & utmost endeavour to procure an able & Godly Minister qualified according to the Ecclesiastical Laws of England, & a person of a sober life & Conversation to be Clerk, & to raise for him or them, such Stipends yearly as they shall think convenient, so as such sum or stipend for the Minister be not less than Fifty Pounds yearly; & that in the raising thereof & all other parish charges, the whole do not exceed five shillings per Poll on all the Taxable persons in the parish. Provided allways that such Minister for whom such moneys are to be raised yearly be constantly resident in the parish & do not omit officiating at the Church or Chappel within the parish above One Sixth part of the Sundays in the Year, unless permitted by the Church-Wardens & the Vestry to officiate in the Neighboring vacant par

ishes.

XI. And Be It Further Enacted, by the Authority aforesaid that the Church Wardens & Vestrymen, or the greatest part of them, in each respective precinct or parish aforesaid & their Successors forever shall have full power & Authority to purchase Land for a Glebe to build one Church & one or more Chappels in every respective precinct or parish aforesaid, as they or the greatest part of them shall think necessary, & the same as often as need shall require to repair & also to provide & take care to satisfie & pay all Parochial Charges out of such Gifts, Goods, & Chattels as shall come to their hands for the Church or parishes Use; towards the payment of which parochial Charges all the Fines & Forfeitures of this Law incurred shall be Levied by the Church-Wardens in each respective precinct or parish & by them accordingly applied.

XII. And Be It Further Enacted by the Authority aforesaid that for the defraying or paying whatsoever charges shall or may from time to time

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