Laws and Documents relating to religion in early Virginia, 1606-1660

November 20, 1606

And wee doe especially ordaine, charge, and require, the said presidents and councells, and the ministers of the said several colonies respectively, within their several limits and precincts, that they, with all diligence, care, and respect, doe provide, that the true word, and service of God and Christian faith be preached, planted, and used, not only within every of the said several colonies, and plantations, but alsoe as much as they may amongst the salvage people which doe or shall adjoine unto them, or border upon them, according to the doctrine, rights, and religion now professed and established within our realme of England…. Hening, I, 68-69.

August 4, 1619

All ministers shall duely read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche of Englande, and every Sunday in the afternoon shall Catechize suche as are not yet ripe to come to t he Com[munion]. And whosoever of them shalbe found negligent or faulty in this kinde shalbe subject to the censure of the Governor and Counsell of Estate.

The Ministers and Churchwardens shall seeke to present all ungodly disorders, the comitters wherofe if, upon goode amontions and milde reprooff, they will not forbeare the said skandalous offenses, as suspicions of whordomes, dishonest company keeping with weomen and suche like, they are to be presented and punished accordingly.

If any person after two warnings, doe not amende his or her life in point of evident suspicion of Incontincy or of the commision of any other enormous sinnes, that then he or shee be presented by the Churchwardens and suspended for a time from the churche by the minister. In which Interim if the same person doe not amende and humbly submit him or herself to the churche, he is then fully to be excommunicate and soon after a writt or warrant to be sent from the Governor for the apprehending of his person ande seizing on all his goods….

All persons whatsoever upon the Sabaoth daye shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare armes shall bring their pieces, swordes, poulder and shotte. And every one that shall transgresse this lawe shall forfaicte three shillings a time to the use of the churche, all lawful and necessary impediments excepted. But if a servante in this case shall wilfully neglecte his Mr’s commande he shall suffer bodily punishmente. Tyler, Narratives of Ear ly Virginia, 271-272, 273.

March 5, 1624

  1. That there shall be in every plantation, where the people use to meete for the worship of God, a house or room sequestred for that purpose, and not to be for any temporal use whatsoever, and a place empaled in, sequestred only to the buryal of the dead.
  2. That whosover shall absent himselfe from divine service any Sunday without an allowable excuse shall forfeite a pound of tobacco, and he that absenteth himselfe a month shall forfeit 50lb. of tobacco.
  3. That there be an uniformity in our church as neere as may be to the canons in England; both in substance and circumstance, and that all persons yeild readie obedience unto them under paine of censure.
  4. That the 22d of March [in commemoration of the Anglo-Indian conflict of 1622] be yeerly solemnized as holliday, and all other hollidays (except when they fall two together) betwixt the feast of the annuntiation of the blessed virgin and St. Michael the archangell, then only the first to be observed by reason of our necessities.
  5. That no minister be absent from his church above two months in all the yeare upon penalty of forfeiting halfe his means, and whosoever shall absent above fowre months in the year shall forfeit his whole means and cure.
  6. That whosoever shall disparage a minister without bringing sufficient proofe to justify his reports whereby the mindes of his parishioners may be alienated from him, and his ministry prove less effectual by their prejudication, shall not only pay 500l b. waight of tobacco but also aske the minister so wronged forgiveness publickly in the congregation.
  7. That no man dispose of any of his tobacco before the minister be satisfied, upon paine of forfeiture double his part of the minister’s means, and one man of every plantation to collect his means out of the first and best tobacco and corn. Hening, I, 122-124.

February 24, 1632

It is ordered, That theire bee a uniformitie throughout this colony both in substance and circumstance to the cannons and constitution of the church of England as neere as may bee and that every person yeald readie obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted.

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Noe man shall disparage a mynister whereby the myndes of his parishioners may be alienated from him and his mynistrie prove less effectuall upon payne of sever censure of the governor and councell. Hening, I, 155-156.

 

It is also thought fit, That upon every Sunday the mynister shall halfe an hower or more before evenenge prayer examine, catechise, and instruct the youth and ignorant persons of his parrish, in the ten commandments the articles of the beliefe and in t he Lord’s prayer; and shall diligentlie heere, instruct and teach the catechisme, sett forth in booke of common prayer And all fathers, mothers, maysters and mistrisses shall cause theire children, servants or appretizes which have not learned the catechi sme to come to the church at the time appoynted , obedientlie to heare, and to be ordered by the minister until they have learned the same: And yf any of the sayd ffathers, mothers, maysters and mistrisses, children, servants or apprentises, shall neglect theire duties as the one sorte in not causinge them to come and the other in refusinge to learne as aforesayd, they shall be censured by the corts in those places holden. And this act to take beginninge at Easter next. Hening, I, 157.

Mynisters shall not give themselves to excesse in drinkinge, or riott, spending theire tyme idellye by day or night, playinge at dice, cards, or any other unlawfull game; but at all tymes convenient they shall heare or reade somewhat of the holy script ures, or shall occupie themselves with some other honest study or exercise, alwayes doinge the thinges which shall appertayne to honesty, and endeavour to profitt the church of God, alwayes haveinge in mynd that they ought to excell all others in puritie of life, and should be examples to the people to live well and christianlie. Hening, I, 158.

 

March 2, 1643

Whereas it was enacted at an Asembly in January 1641, that according to a statute made in the third year of the reigne of our sovereign Lord King James of blessed memory, and that no popish recusants should at any time hereafter exercize the place or p laces of secret councellors, register or comiss: surveyors or sheriffe, or any other publique place, but be vtterly disabled for the same….And it is further enacted by the authoritie aforesaid that the statute in force against the popish recusants be duel y executed in this government, And that it should not be lawfull vnder the penaltie aforesaid for any popish priest that shall hereafter arrive to remaine above five days after warning given for his departure by the Governour or comander of the place where he or they shall bee, if wind and weather hinder not his departure….

 

November 3, 1647

Upon divers informations presented to this Assembly against severall ministers for theire neglects and refractory refuseinge after warning given them to read common prayer or divine service upon the Sabboth dayes contrary to the cannons of the church and acts of parliament therein established, for future remedie hereof: Be it enacted by the Gov’r. Council and Burgesses of this Grand Assembly, That all ministers…upon every Sabboth day read such prayers as are appointed and prescribed unto them by the saide booke of common prayer, And be it further enacted as a penaltie to such as have neglected or shall neglect their duty herein, That no parishioner shall be compelled either by distresse or otherwise to pay any manner of tythes or dutyes to any unconfor mist as aforesaid. Hening, I, 341-342.

December 1, 1656

WHEREAS many congregations in this collony are destitute of ministers whereby religion and devotion cannot but suffer much impairment and decay, which want of the destitute congregations ought to be supplied by all meanes possible to be vsed, As also t o invite and encourage ministers to repaire hither and merchants to bring them in, Bee it therefore hereby enacted for the reasons aforesaid, that what person or persons soever shall at his or their proper cost and charge transport a sufficient minister i nto this collony without agreement made with him shall receive for satisfaction of his or their said charges of him the said minister or that they shall entertaine him for their minister, twenty pound sterling by bill of exchange or two thousand pounds of tobacco, and also for what money shall be disbursed for them besides their transportation to be allowed for. Hening, I, 418.

 

March 13, 1660

WHEREAS there is an vnreasonable and turbulent sort of people, commonly called Quakers, who contrary to the law do dayly gather vnto them vnlaw’ll Assemblies and congregations of people teaching and publishing, lies, miracles, false visions, prophecies and doctrines, which have influence vpon the comunities of men both ecclesiasticall and civil endeavoring and attempting thereby to destroy religion, lawes, comunities and all bonds of civil societie, leaving it arbitrarie to everie vaine and vitious per son whether men shall be safe, lawes established, offenders punished, and Governours rule, hereby disturbing the publique peace and just interest, to prevent and restraine which mischiefe, It is enacted, That no master or comander of any shipp or other ve ssell do bring into this collonie any person or persons called Quakers, vnder the penalty of one hundred pounds sterling to be leavied vpon him and his estate by order from the Governour and Council or the comissioners in the several counties where such s hips shall arrive, That all such Quakers as have been questioned or shall hereafter arrive shall be apprehended wheresoever thay shall be found and they be imprisoned without baile or mainprize till they do adjure this country or putt in security with all speed to depart the collonie and not to return again : And if any should dare to presume to returne hither after such departure to be proceeded against as contemners of the lawes and magistracy and punished accordingly, and caused again to depart the cou ntry, And if they should the third time be so audacious and impudent as to returne hither to be proceeded against as ffelons. That noe person shall enter[t]ain any of the Quakers that have heretofore been questioned by the Governour and Council, or which shall hereafter be questioned, nor permit in or near his house any Assemblies of Quakers in the like penalty of one hundred pound sterling, That comissioners and officers are hereby required and authorized as they will answer the contrary at their perill to take notice of this act to see it fully effected and executed, And that no person do presume on their peril to dispose or publish their bookes, pamphlets or libells bearing the title of their tenents and opinions. Hening, I, 532-533.

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1998