II. Be it therefore enacted, &c. 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 Public Worship, according to the usage of the Church of England within this Province, for the Maintenance of whose Ministers, and of 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.

III. Be it enacted, &c. That Charles-Town and the Neck between Cooper and Ashley River, 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 be from henceforth for ever a distinct Parish of itself, and be called by the name of the Parish of St. Philip's, in Charles-Town.

IV. And be it further enacted, &c. That the Church situate in Charles-Town aforesaid, and the ground thereunto adjoining, enclosed and, used for a cemetery or church yard, shall be the Parish Church and church yard of St. Philip's Charles-Town. And the same is hereby Enacted and declared to be for ever separated and dedicated to the service of God, and to be applied therein to the use and behalf of the Inhabitants from time to time Inhabiting and to inhabit there, that are of the Religion and Profession of the Church of England, and conform to the same, and that there shall be a Rector," &c.

VI. Berkley County divided into six Parishes: "One in CharlesTown; one upon the South-East of Wando River; one upon that neck of Land lying on the North-West of Wando, and South-East of Cooper river; one on the Western branch of Cooper River; one apon Goose-Creek, and one upon Ashley River."

;

VII. "Six Churches to be built for the Public Worship of God, according to the Church of England: one S. E. of Wando River one N. W. of Wando and S. E. of Cooper River; one on the Western Branch of Cooper River; one on Goose-Creek; one on Ashley River, and one on the South side of Stono River, in Colleton County, &c.

VIII. Lands to be taken up from the Lords Proprietors or purchased for Glebes to each of these Churches, and Dwelling Houses for the Rectors to be built thereon.

IX. The expense of building the Churches, Parsonage Houses, &c. to be defrayed out of any subscriptions made for that purpose, and if not sufficient, the balance to be paid out of the Public Trea

sury.

X. And be it further enacted, &c. That the several Supervisors for the building the several Churches, houses and other works, re

quired by this Act, shall have full power to Press Bricks, or Lime, or any other Materials, and shall have Power to compel Bricklayers, Carpenters, Joiners, and all other Workmen and Labourers to work on the said works as fully and amply to all intents and purposes, and under the same penalties upon the neglecters and offen ders, and the recovering the penalties imposed as is given to Lieut Col. William Rhett, for the building the front Wall and other the Intrenchments and Fortifications about Charles-Town, by one Act of Assembly, entitled, &c.

XI. And be it further enacted, &c. That the Supervisors of the several Churches, Houses and Works required in this Act, shall have power to press any Slave or Slaves from any person inhabiting within his respective Parish and Division, to be employed upon he aforesaid works and buildings, allowing two Royals a day for every such Slave to be employed as aforesaid.

XIII. In addition to the Glebe, Parsonage-House, Negroes, &c. as should appertain to the Incumbent of each Parish Church, he should draw a Salary of £50 Cur. Money per Ann. from the Public Treasury.

XVI. And whereas it may often happen that a Rector or Minister may be chosen pursuant to this Act, and also to one other Act of Assembly, Entitled, " An Act to settle a Maintenance on a Minister of the Church of England in Charles-Town," [passed Oct. 8, 1698.] of whose qualifications or dispositions the Inhabitants may have but small acquaintance, or may be otherwise mistaken in the person who may act contrary to what was expected of him at his election, so that it is highly necessary to have a power lodged in some persons for the removing all or any of the several Rectors or Ministers of the several Parishes, or to translate them from one Parish to another, as to then shall seem convenient, otherwise in case any immoral or Imprudent Clergyman should happen to be appointed Rector or Minister of any Parish, the people would be without any remedy against him, or in case there should arise such Incurable Prejudices, Dissentions, Animosities and Implacable offences between such Rector or Minister and his people, that all reverence for, and benefit by his Ministry is utterly to be dispaired of (although he is not guilty of more grosser and scandalous crimes) yet it may be very convenient to have him removed from being Rector or Minister of that Parish to which he did belong, and where such Dissentions and Offences are arisen, otherwise great evils and inconveniences may ensue upon the same; for the Prevention of which Evils and Inconveniences, Be it Enacted by the Authority aforesaid, that the Commissioners hereafter named, or the major part of them, shall have power, when they think it convenient (upon the Request and at the desire of any nine of the Parishioners, that do conform to and are of the Religion of the Church of England, and are persons of Credit and Reputation, together with the Request of the major part of the Vestry of the Parish, signified under their hand, and requesting the removal of the Rector or Minister of such Parish) to cite such Minister before them, and to

hear the complaints against such Rector or Minister, allowing him reasonable time to make his defence, and upon a hearing of the same, if the said Commissioners, or the major part of them, shalt think it convenient to remove such Rector or Minister, they are hereby authorized and empowered to do the same, whether it be the Rector or Minister of Charles-Town, or any other Parish, and that is already elected and appointed, or that shall be elected and appointed Rector or Minister of any Parish or Parishes within this Province. And in case the said Commissioners, or the major part of them, shall by writing under their several hands and seals, delivered to such Rector, or Minister, or left at his Place of abode, or house appointed, or to be appointed for such Rector, or Minister, for his habitation, or by fixing the same on the Church Doors, signify that such Rector or Minister shall cease to be Rector or Minister of that Parish, and that he be removed from the same : Then, and in such case, such person shall cease to be Rector or Minister of the said Parish, and shall cease to have any Use, Possession, or Benefit, or Advantage of the Church, or of any Lands, Messuages or Tenements, or any Negroes, or any Revenues, Fees, Profits, Perquisites, Privileges, Benefits or Advantages whatsoever, belonging to the Rector or Minister of that Parish, as fully and amply to all Intents and Purposes, as if he had never been chosen Rector or Minister thereof. And upon such removal of any Rector or Minister of any Parish, the Parishioners may proceed to a new choice, according as it is directed by this Act, in case of the death of a Minister.

XVII. And be it further Enacted by the authority aforesaid, That the Right Hon. Sir Nathaniel Johnson, Knt. the Hon. Thomas Broughton, Esq. Col. James Moore, Nicholas Trott, Esq. Col. Robert Gibbes, Job Howes, Esq. Ralph Izard, Esq. Col. James Risbee, Col. George Logan, Lieut. Col. William Rhett, William Smith, Esq. Mr. John Stroud, Mr. Thomas Hubbard, Richard Berresford, Esq. Mr. Robert Seabrook, Mr. Hugh Hicks, John Ashby, Esq. Capt. John Godfrey, James Serurier, alias Smith, Esq. and Mr. Thomas Barton, or the major part of them who shall meet upon public summons, as is 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," &c.

XXXVI. And be it further Enacted by the authority aforesaid, That notwithstanding the powers in this Act given to the Commissioners, or the major part of them, to turn out any Minister as aforesaid expressed, that in case the said Commissioners, or the major part of them, that shall meet upon public summons as above

* The names given by Ramsay, were the twenty-four Commissioners appointby the 23d Sect. of the Church Act, of Nov. 30, 1706, and not the Board of twenty Lay-Commissioners appointed by the foregoing Act. See Ramsay's So : Ca. ii. 9.

directed, shall in pursuance of such power turn out or remove such Minister, that in case the said Sir Nathaniel Johnson shall at any time within six days after notice of such order of the said Commissioners, or the major part of them thereof, signifying his Dissent by a writing or instrument under his hand and seal, that then such order of the said Commissioners for that time to be of no force or effect. And that this power and trust reposed in the said Sir Nathaniel Johnson, shall continue during his being Governor of this Province and no longer."

When this Act passed in the Commons House of Assembly, a motion was made, "that any member may have liberty to enter his Dissent against a vote or proceedings made in this House." Upon which it was "Resolved, that no member shall have leave to enter his Dissent."

senters.

Considerable irritation was produced by these extraordinary measures.* All parties complained of the. arbitrary tone of the Acts. Those who dissented from the Church of England justly complained, that their exclusion from the rights enjoyed by their fellow subjects, was an infringement of the 18th art. of the Royal Charter granting liberty of conscience to DisAnd Churchmen, while they doubted whether a difference in religious opinions justified a difference in political privileges, complained of the appointment of a Lay Commission, for the trial of ecclesiastical causes. They declared it to be an invasion of the Bishop's spiritual jurisdiction, and an interference with matters over which the Assembly had no legal control. The American Colonies formed a part of the Diocess of the Bishop of London, and the courts for the trial of ecclesiastical causes could be legally held only in his name, and by his officials. But these Lay-Commissioners were authorized to sit in the judgement-seat of spiritual Officers, and thus to wrest the ecclesiastical authority out of the hands of the Bishop of London.

It does not appear that the proceedings of the General Assembly had much influence on Mr. Marston's

*Hewatt's Hist. So. Ca. i. 169–178. Ramsay's So. Ca. ii. 3. 4.

conduct. He was again arraigned before the House of Commons Feb. 5th, 1704-5, for having spoken falsely to the prejudice of Major Charles Colleton, a member of the House; and it was Resolved, that he had been guilty of a high breach of privilege, and that his assertions were false and malicious. A motion was made, Feb. 8th, to bring in a Bill to displace him "for his imprudent behaviour in general, and his reflection on the Honor and Justice of this House, since his last censure by the General Assembly." This motion was lost, and a vote of Censure passed. In 1705, he was arraigned before the Board of LayCommissioners, and removed from his Living.

In a Letter to Dean Stanhope, Mr. Marston says that, the Assembly "made some very odd and unjustifiable laws, which have occasioned great feuds and animosities here." And in his representation to the Lords Proprietors, he says, "most of the late members of the Assembly have been constant absenters from the Holy Sacrament; so it is no wonder they have inserted an absurd Oath in a late Act." &c. And again he says, "I cannot think it will be much for the credit and service of the Church of England here, that such Provisions should be made for admitting the most loose and profligate Persons to sit and vote in the making of our laws, who will but take the Oath appointed by the late Act." Remarking upon the appointment of the Lay-Commissioners he says, "Eleven of the twenty were never known to receive the Sacrament of the Lord's Supper."*

It is evident from Mr. Marston's conduct that, although he was removed from Office, by a Power having no canonical control over ecclesiastical affairs, yet he owed it more to his imprudent and litigious disposition than to his having visited Landgrave Smith, a Dissenter, while he was in custody of the Messenger

Anon. Hist. British Empire in America, i. 484.