North Carolina Office of Archives & History Department of Cultural Resources
Historical Publications Section The Colonial Records Project
Jan-Michael Poff, Editor
Historical Publications Section
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     Acts     

Last Updated 12/31/00


AN ACT for authorising Presbyterian Ministers regularly called to any Congregation whithin this Province to Solemnize the Rites of Matrimony under the Ruglations therein mentioned.


Whereas some thousand Families of the Presbyterian Denomination Loyal and Faithful Subjects of His most Sacred Majesty George the Third have removed from the Mother Country and Northern Colonies and settled in the frontier Countys in this Province exposed to the Danger of Savage Indians and subject to all the hardships and difficulties of settling and Cultivating a desolate Wilderness under expectations of enjoying in the fullest Latitude the exercise of their religious Priviledges as a people attached by principle to the Doctrine Worship and Discipline of the Church of Scotland as summ’d up and contained in the Westminster Confession of faith; And Whereas by an Act of Assembly passed at New Bern in the Year of our Lord One thousand seven hundred and sixty five entituled an Act for establishing an Orthodox Clergy and also an other Act passed in the Year one thousand seven hundred and sixty Eight entituled an Act to amend and Explain an Act entituled an Act for establishing an Orthodox Clergy the Presbyterian Ministers are prohibited From Solemnizing the Rites of Marriage amongst their Congregations according to the said Confession of faith by Publication in their Religious Assemblies now allowed by Licence without paying a Tax or fee of Twenty shillings to the Eposcopal Clergymen the Incumbent of the Parish although the Service be performed by the Presbyterian and Between those of his own Perswation and Members of his own Congregation in restraint of a Practice obtained by all Ministers and Churches of their Denomination for sundry Generations past to the great discountenancing and discouragment of the Religious Zeal and Customs and to the great inconvenience and heavy Opression of such Presbyterians for remedy whereof We pray his Most Excellent Majesty that it may be Enacted. And be it Enacted by the Governor Council and Assembly and by the Authority of the same, That it shall and may be lawful for any Presbyterian Minister legally called and Ordained in any Congregation within this Province by Banns after thrice publication in their Meetings and Religious Assemblies for divine Worship or by Licence first had and Obtained under the Rules and directions by Law prescribed to Solemnize the rites of Marriage according to the mode Prescribed by the aid Westminster Confession of faith between such Men and Women as are of the Presbyterian Denomination and are Members of his the said Ministers Congregation performing such service which Marriage and Marriages when so Solomnized is and are hereby declared legal and Valid to all intents and Purposes and the Parties so married shall not be liable to but are hereby declared to be exempt and discharged from the payment of any Tax or fee for such service to the Incumbent of such Parish any thing contained in the aforementioned Acts to the Contrary Notwithstanding.

Provided always that this Act or any Article or clause thereof shall not take effect until his Majesty’s Approbation be had to the same.

CO 5/340, fs. 122-124
Disallowed by the Privy Council, April 22, 1772, upon a recommendation from the Board of Trade. The board objected to the act “as being calculated to deprive the Orthodox Clergy of a Fee or Perquisite settled and imposed by Act of Assembly, and in effect to operate as a Bounty to the tolerated Religion at the expense of the Established.” Acts of the Privy Council, 5:339-340.



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