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Colonial
Act Creating Georgia Parishes
Georgia General Assembly
Act of Mar. 15, 1758
AN ACT for constituting and dividing the
several Districts and Divisions of this Province into Parishes,
and for establishing of Religious Worship therein according to
the Rites and Ceremonies of the Church of England; and also for
impowering the Church Wardens and Vestrymen of the Respective
Parishes to asses Rates for the Repair of Churches, the Relief
of the Poor, and other Parochial Services.
WHEREAS nothing can have a greater tendency
to promote the Honour of God, the propogation of the true Christian
Religion, and the Spiritual Welfare of your Majesty's Subjects,
inhabiting this Province, than the Regular performance of Divine
Service, according to the Rites and Ceremonies of the Church
of England on Sundays and other Days, in the the several Districts
thereof, by Ministers duly authorized and appointed thereto;
We therefore pray your most Sacred Majesty, That it may be Enacted
AND BE IT ENACTED by His Honour Henry Ellis Esquire Lieutenant
Governor and Commander in Chief in and over this His Majesty's
said Province of Georgia, by and with the Advice and Consent
of the Honourable Council, and the Commons House of Assembly
of the said Province, in General Assembly met, and by the Authority
of the same, THAT the several Districts and Divisions of the
said Province, shall from and after the Seventeenth Day of March
one thousand seven hundred and fifty eight, be divided and constituted
into Eight Parishes, That is to say, the Town and District of
Savannah, extending up the River Savannah, including the Islands
therein, as far as the South East boundary of Goshen, from thence
in a South West Line to the River Great Ogechee, and from the
Town of Savannah Eastward, as far as the Mouth of the River Savannah,
including the Sea Islands to the Mouth of the River Great Ogechee,
and all the Settlements on the North Side the said River, to
the Western boundaries thereof, shall be and for ever continue
a Parish, by the Name of the Parish of Christ Church; The District
of Abercorn and Goshen, and the District of Ebenezer, extending
from the North-West boundaries of the Parish of Christ Church,
up the River Savannah, as far as the Beaver Dam, and South West
as far as the Mouth of Horse Creek on the River Great Ogechee,
shall be and ever continue a Parish by the name of the Parish
of Saint Matthew--; The District of Halifax, extending from the
North West boundaries of the Parish of Saint Matthew, up the
River Savannah from the Mouth of Mackbeen's Swamp, to the Head
thereof; and from thence to the head of Lambol's Creek, to the
river Great Ogechee, shall be and forever continue a parish,
by the name of "The parish of St. George:" the district
of Augusta, extending from the northwest boundary of the parish
of St. George, and southwest as far as the river Ogechee, and
northwest up the river Savannah, as far as the Broad River, shall
be and forever continue a parish by the name of "The parish
of St. Paul:" the town of Hardwick and district of Ogechee,
on the south side of the river Great Ogechee, extending northwest
up the river as far as the Lower-Indian trading-path, leading
from Mount Pleasant, and southward from the town of Hardwick
as far as the swamp of James Dunham, including the settlements
on the north side of the north branches of the river Midway,
with the islands of Ossabaw, and from the head of the said Dunham's
Swamp in a northwest line, shall be and forever continue a parish,
by the name of "The parish of St. Philip:" from Sunbury
in the district of Midway and Newport from the southern bounds
of the parish of St. Philip, extending southward as far as the
north line of Samuel Hastings, and from thence southeast to the
south branch of Newport, including the islands of St. Katharine
and Bermuda, and from the north line of the said Samuel Hastings
northwest, shall be and forever continue a parish by the name
of "The parish of St. John:" the town and district
of Darien, extending from the south boundary of the parish of
St. John to the river Alatamaha, including the islands of Sapelo
and Eastwood, and the sea islands to the north of Egg Island,
northwest up the river Alatamaha to the forks of the said river,
shall be and forever continue a parish by the name of "The
parish of St. Andrew:" and the town and district of Frederica,
including the islands of Great and Little St. Simons, and the
adjacent islands shall be and forever continue a parish, by the
name of "The parish of St. James."
And be it further enacted, That from and after the said seventeenth day of March,
one thousand seven hundred and fifty-eight, the church already
erected in the town of Savannah, and the ground as now used for
a coemetery [sic] or burial place thereto, shall be the parish
and coemetery of Christ Church
AND BE IT FURTHER ENACTED that from and after
the said Seventeenth Day of March One thousand and Seven hundred
and fifty eight, Bartholomew Zouberbuhler Clerk, the Present
Minister of Savannah, shall be the Rector and Incumbent of the
said Church of Christ Church, and he is hereby incorporated and
made one Body Politic and Corporate, by the Name of the Rector
of Christ Church, in the Town of Savannah, and shall be and he
is hereby enabled to Sue and be sued by such Name, in all Courts
within this Province, and shall have the Cure of Souls within
the said Parish, and shall be in the Actual Possession of the
said church, with its Coemetery and Appurtenances, and shall
hold and enjoy the same to him and his Successors, together with
the Glebe Land, already granted to him, and the Messuage or Tenement
near to the said Church, with all and singular the Buildings
and Appurtenances thereunto belonging, and also all other Lands
Tenements and Hereditaments, as shall or may hereafter be given
and Granted to the said Church, or the Incumbent thereof. AND
BE IT FURTHER ENACTED That from and after the said Seventeenth
Day of March One Thousand Seven hundred and fifty eight, the
Church erected in the town of Augusta, with the Coemetery or
Burial Place thereto belonging, shall be the Parish Church and
Burial Place of Saint Paul; and the Rector or Minister that shall
or may at any time hereafter be nominated and appointed Rector
and Incumbent of the said Parish Church of Saint Paul, shall
be incorporated and made one Body Politic and Corporate, by the
Name of the Rector of Saint Paul, in the Town of Augusta, and
shall thereby be enabled to sue and be sued by that Name in all
Courts in this Province, and shall have hold and enjoy to him
and his Successors the said Church and Coemetery with the Appurtenances,
together with the Glebe Lands already granted, and all other
Lands Tenements and Hereditaments that shall or may at any time
hereafter be given and Granted to the said Church of Saint Paul
and the Incumbent thereof AND BE IT FURTHER ENACTED by the Authority
aforesaid, that the Commissioners here after named, or hereafter
to be appointed, as soon as they shall thereto be enabled, by
allowance of Parliament, Charitable Donations, or by provision
of the General Assembly of this Province, shall cause a Church
to be built and erected in each of the said Several Parishes
of Saint Matthew, Saint George, Saint Philip, Saint John, Saint
Andrew and Saint James; and shall also cause to be Erected in
each of said Parishes a Convenient Messuage or Tenemente with
Out Buildings for the habitation of a Rector hereafter be to
appointed therein, and the said Commissioners shall also lay
out and inclose a Coemetery or Burial Place to each of the said
Several Churches AND BE IT FURTHER ENACTED that the said Several
Churches, Messuages and Coemeterys, shall be erected, laid out,
and inclosed in such part of the Respective Parishes, as shall
hereafter be granted by His Majesty for this Purpose, on Application
to be made by the said Commissioners to the Governor and Council
of the said Province, And in such Manner as the Majority of the
said Commissioners, by and with the Advice and Consent of the
Governor and Council of said Province, for the time being, shall
think fit in Case the Money for this purpose shall be given by
His Majesty, or His Successors, otherwise by and with the Advice
and Consent of the Majority of the Inhabitants of each respective
Parish AND BE IT FURTHER ENACTED by the Authority aforesaid that
the said Commissioners shall and are hereby impowered to apply
for and take up by Grant from His Majesty Lands for the sites
of the said respective Churches, and the Coemeterys or burial
Places of the same and also for the Glebe Lands of the said Churches
AND BE IT FURTHER ENACTED THAT the Rectors or Ministers that
shall or may hereafter be respectively nominated and appointed
Rectors and Incumbents of the said several and respective Parishes
of Saint Matthew Saint George Saint Paul Saint Philip Saint John
Saint Andrew and Saint James, and their Successors Rectors of
the same, shall each of them be incorporated and made one Body
Politic and Corporate, by the name of the Rector of that Parish
of which he is the Minister and Incumbent, and shall be hereby
enabled to Sue and be sued by that Name in all Courts of this
Province and shall have the Cure of Souls within his Respective
Parish, and the Rectors and Incumbents of the said Several Parishes
shall when hereafter appointed respectively have hold and enjoy
to them and their Successors the several Churches and Coemeterys
hereafter to be erected and laid out, with the several Glebe
Lands hereafter to be obtained and Granted, pursuant to the intention
of this Act, and also the Several Messuages or Tenements and
Out buildings to be erected for their several Habitations AND
BE IT FURTHER ENACTED by the Authority aforesaid, that his Honor
Henry Ellis Esquire, Lieutenant Governor and Commander in Chief
of this Province, and the Honourable James Habersham, Francis
Harris, James Mackay, James Edward Powell, William Clifton, and
William Knox Esquires, and David Montaigut, James Deveaux, Noble
Wimberly Jones, and Thomas Rasberry William Russell William Spencer,
and Charles Watson Esquires shall be and they are hereby appointed
Commissioners for the purposes herein before mentioned and intended
by this Act, and that it shall and may be lawful to and for the
said Commissioners or any five of them from and after the Seventeenth
Day of March One thousand seven hundred and fifty eight to have
use and exercise all and every the Authorities and Powers given
them by this Act, and in Case of the death, absence, or Resignation
of any or either of them, the remaining Commissioners shall Assemble
and meet together at some convenient Place, to be appointed for
this Purpose, and so many of them as shall there be present,
provided there be not less than five, on Notice thereof for this
purpose to them given, Six Days at least before the time of such
meeting, shall and may chuse such other Person or Persons in
the Room of the Commissioner or Commissioners so dying, leaving
the Province, or resigning, as the said Commissioners then present,
or the Majority of them shall think fit; which Person and Persons
so chosen, shall and is, and are hereby declared to be Commissioners,
for the Execution of all and every the Powers herein as fully
and amply to all intents and purposes as those herein before
named and appointed AND BE IT FURTHER ENACTED by the Authority
aforesaid, that for the taking Care of the several Churches already
built, and those that shall hereafter be built, and for transacting
the Business of the respective Parishes, and the well ordering
and good Government thereof, Church Wardens and Vestry Men shall
be chosen and appointed, in the Manner herein after mentioned
AND BE IT FURTHER ENACTED That on the Monday in Easter Week next
after the said Seventeenth Day of March One thousand seven hundred
and fifty eight; and so yearly and every Year on that Date for
Ever, the Inhabitants of the said several Parishes respectively,
being Free Holders within the same, or Householders, and of Ability
to contribute to the Publick Taxes and Charges thereof, or so
many of them as shall think fit to attend, and shall assemble
and meet together at their respective Parish Churches and where
there is no Church at such Place as the Commissioners above Named
or the Majority of them shall appoint, for this purpose, and
shall then and there respectively elect and chuse in each of
the said Parishes, except the Parish of Christ Church, not less
than five, nor more than Ten, and in the Parish of Christ Church,
ten sober and discreet Persons, being Inhabitants of their several
Parishes respectively, to be Vestry Men thereof for One Year
then next ensuing, and in Case of the death, resignation, or
other legal discharge of any of the said Vestry-Men for any,
or either of the said Parishes so chosen as aforesaid, the rest
of them shall with all convenient speed appoint a general Meeting
of all the Inhabitants of the Parish where such vacancy shall
happen, qualified as aforesaid, Who or the Majority of them shall
elect and Chuse, one or more Discreet Person or Persons to be
a Vestry Man, or Vestry men in the Room of him or them, dying,
resigning, or being otherwise legally discharged AND BE IT FURTHER
ENACTED that all such Persons that shall be so elected and chosen,
shall take the following Oath Viz. "I, A B do swear, that
I will truly and faithfully execute the trust and Office of a
Vestry man of this Parish according to the best of my skill knowledge
and Power without prejudice favour or affection," which
Oath shall be Administered by any Justice of the Peace of the
same Parish -- Who is hereby required and impower'd to Administer
the same --, And every such Person being so elected and chosen
a Vestry Man as before by this Act is directed, and having taken
the Oath as required by this Act, and not before, shall be deemed
and taken as One of the Vestry to all intents and Purposes AND
BE IT FURTHER ENACTED that the said Inhabitants of the several
Parishes aforesaid, immediately after the electing of Vestry
Men as herein-before is directed, shall likewise elect and chuse
two other discreet Persons Inhabitants of each Parish, that are
free Holders with the same, to be Church Wardens for that Year,
which Church Wardens so elected shall take the following Oath,
before the Vestry, who are hereby respectively impowered to administer
the same -- "I; A B do swear that I will truly and faithfully
execute the Office of a Church Warden within this Parish According
to the best of my Skill and knowledge and until I shall be thereof
duly discharged;" and all and every such Person and Persons
so chosen Church Wardens that shall refuse to serve in the said
Office shall forfeit the Sum of forty Shillings Sterling for
the Use of the Poor of the Parish for which such Church Warden
shall be chosen, to be recovered before any Justice of the Peace
of the same Parish, and to be levied by distress and sale of
the Offenders Goods and Chattels; provided allways that no Person
shall be liable to such Fine for not taking upon him the said
Office oftener then [sic] once in Seven Years, in the Parish
of Christ Church, and once in five Years in either of the other
Parishes; and in Case any Person so chosen o the office of Church
Warden as before directed, shall happen to die before the Expiration
of the Year for which he is chosen, than then the Vestry of the
Parish where the Vacancy shall happen, or the Majority thereof,
shall without delay, appoint a Meeting of the Inhabitants of
the said Parish, qualified as before directed, to be Church Wardens
for the remainder of the Year, in the Room of such Church Warden
so deceased AND BE IT FURTHER ENACTED by the Authority aforesaid
that for repairing of the Several Churches already erected, or
that shall or may hereafter be erected, with their several Coemeterys,
Utensils and Ornaments, and also for providing Bread and Wine
for the Holy Eucharist, the payment of the Salaries of the Clerk
and Sexton, and the making provision for impotent Poor Persons
of the several Parishes respectively, what shall be requiste
over and above the several fines by this Act directed to be applied
for this purpose, and for other Necessary Parochial Charges,
it shall and may be lawful to and for the Rector, Church Wardens,
and Vestry Men of the said Several Parishes, respectively, and
the Majority of them that shall be present at any Meeting for
this Purpose, of which Publick Notice shall at all times be given
in the Church on the Sunday before, immediately after Divine
Service, and where there is no Church, at any other convenient
place they shall appoint to raise such Sum and sums of Money
in their respective Parishes as shall be requisite and Necessary
for all or any of the aforesaid Services, provided the same shall
not Yearly or in any One Year, exceed the Sum of Thirty Pounds
in the Parish of Christ Church, The Sum of Thirty Pounds in the
Parish of Saint Paul, or the Sum of Ten Pounds in either of those
Parishes where no Churches are yet erected, by an equal Tax to
be assessed on the Estate real and personal of all and every
the Inhabitants owners and Occupiers of Lands Tenements and Hereditaments
within each Parish respectively; which Assessments they are hereby
respectively impower'd to make and the same being allowed of
by two Justices of the Peace of each Parish, shall be signed
by the Church Wardens and Vestry Men present at each several
and respective Assessment, who shall and may by Warrant under
their Hands and Seals respectively appoint some fit person to
collect and receive the several Sums thereby rated and Assessed
from the several Inhabitants, Owners and Occupiers of Lands,
Tenements and Hereditaments in their respective Parishes; and
every such Collector or Person so appointed to receive and Collect
the said Tax in each Parish, shall pay the same to the Church
Wardens thereof, to be applied for the Purposes herein before
directed and intended, deducting thereout for his Trouble Six
pence in the Pound, And in Case any Person or Persons shall Neglect
or refuse to pay the Tax so to be respectively rated and Assessed,
and oath being made thereof before One of His Majesty's Justices
of the Peace of the Parish where such Neglect or refustal [sic]
shall happen, it shall and may be lawful to and for such Justices
of the Peace, by Warrant under his hand and Seal directed to
any Constable of the said Parish, to levy the Sum rated and Assessed
on such Person and Persons so Neglecting or refusing as aforesaid,
by distress and Sale of the Defaulters Goods and Chattels, returning
the overplus to the owner, after reasonable Charges deducted;
and the several Constables of this Province are hereby required
to Execute every such Warrant under the Penalty and forfeiture
of Twenty Shillings, to be recovered before any Justice of the
peace, and to be applied for the Use of the Poor of that Parish
where the same shall be incurred AND BE IT FURTHER ENACTED by
the Authority aforesaid, that it shall and may be lawful to and
for the Rectors Church Wardens, and Vestry Men of the said Several
Parishes respectively, being assembled for this Purpose, of the
Majority of them to Nominate and appoint a fit person to be Sexton
of each Parish, and such Person to remove as they shall see Occasion;
and also to appoint and settle the Salary and Fees of such Sexton,
and of the Clerks of the several Parishes respectively, who shall
and may from time to time be nominated and appointed by the Rectors
or Incumbents thereof -- AND BE IT FURTHER ENACTED that the Rector
or Minister of each Parish shall when appointed be one of the
Vestry, and that no Vestry shall make any Order without haveing
[sic] first given timely Notice to the said Rector to be there
AND BE IT FURTHER ENACTED by the Authority Aforesaid that the
Church Wardens of each respective Parish shall, at the charge
of the Parish, provide one fair, well bound paper, or parchment,
Book, wherein the Rector or Minister, and in Case there be no
Rector there resident, the respective Church Wardens, upon Notice
thereof given by the Masters or Heads of the several ffamalies
[sic] (who are hereby required to give such Notice within One
Month, under the penalty of five Shillings) shall Register or
Cause to be Registered by the Vestry Clerk of the Parish the
times of the Births, Christnings, Marriages and Burial of all
and every person and persons that shall from time be born Christened
Married, or Buried within the said Parish, under the Penalty
of five Pounds Sterling on failure thereof, And that the Vestry
Clerk or person that shall Register the same shall have and receive
as a fee for each Entry One Shilling Sterling the said Penalties
and forfeitures to be recovered and applied as herein before
provided, which Register or Book of Record shall be kept in a
Box for this Purpose to be provided by each Parish with two Locks
and Keys, awhereof One to remain with the Rector or Minister,
and the other with the Church Wardens or one of them AND BE IT
FURTHER ENACTED by the Authority aforesaid, that each of the
said Vestries respectively, shall appoint some fit person to
be Clerk to such Vestry, who shall from time to time duly enter
in a Book for this Purpose to be provided, the Minutes and proceedings
of the said Vestry, and shall have the care and custody of all
Books and Papers relative thereto PROVIDED allways [sic], and
it is the true intent and Meaning of this Act, that no Rector
or Minister, is or shall hereby be invested with any Power or
Authority to exercise any Eclesiastical Law or Jurisdiction whatsoever;
any thing in this Act contained to the contrary thereof, notwithstanding
--
By Order of the House
DAVD. MONTAIGUT Speaker
By Order of the upper House
PAT HOUSTOUN
In the Council Chamber the 15th day of March
1758 --
Assented to
HENRY ELLIS
Source: Allen D. Candler (ed.), Colonial
Records of the State of Georgia (Atlanta: State of Georgia,
1910), Vol. XVIII, pp. 258-272.
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