account for what he Preached, and therefore would lay no Notes of his Sermons before this House, without he were advised by the learned in the Law, for that this House had no power over Ecclesiastical Affairs, and that he would stand by it."

The House then appointed James Smith and William Smith, to draw up the Reflections which Mr. Marston had cast upon the House. Mr. Marston attended the House, Oct. 18th. agreeably to order, and the Committee made the following Report:

"Mr. Edward Marston,

"You are charged by the House of Commons, for that you delivered to one of their members, a paper to be laid before them, wherein you most scandalously

C.34.

Reflect on the House, calling their Proceedings bold 82. and saucy attempts; you were also ordered to lay before the House two Sermons preached by you, wherein we are credibly informed, you did in particular Reflect against this House, but you have most contemptuously refused to obey the said Order, and to lay the minutes of the said Sermons before us, ascertaining [asserting] that you was no ways obliged to give an account of your Sermons to us; and the Sunday immediately before the meeting of the present Session, in a public Sermon, you charged us with calumniating and abusing you in an address formerly made to the Governor.

"And last Sunday you publicly declared in the Church, that whereas we had ordered you to lay your Sermons before us, you did not think yourself obliged to do it, and in your Sermon that day, did assert that you was no ways obliged to the Government for the bountiful Revenues they have allowed you, for that the same was due to you of Divine Right, and that you did not think yourself inferior to us, or obliged to give an account of your actions to the Government, for though they gave you a maintenance, yet you was their Superior, your authority being from, Christ, or

words to that effect, and in that Sermon continued reflecting, comparing us to Korah and his rebellious companions; you have been also meddling with the affairs of this House and Government, and reflecting on the proceedings of this House, saying that we proceed maliciously against you, because you visited Mr. Thomas Smith, and that this House had proceeded illegally and arbitrarily against the said Thomas Smith, and that we had done those things which we could not justify.*

"Which said Report was agreed to by the House. According to the Order of the House Mr. Marston

The charges alleged against Mr. Smith, were the following:

Extract from Governor Johnson's Speech, Oct. 5th, 1704.

"Landgrave Thomas Smith, having in several of his Letters under his hand vilified and abused this Government, and your House in particular, I lay the said Letters before you, that you may take such measures as may make him sensible of his fault, and may deter all other persons for the future from committing the like offences against the Government.

"Mr. Smith attended the House, Oct. 9th, and having acknowledged the Letters, was taken into the custody of the Messenger. The Letters alluded to are as follow:

"Worthy Sir,

Charles-Town, June 30th, 1703.

"If you had not got over the Bar as you did, I believe our famous Assembly would have contrived some irregular proceedings to have stopped you by force. The very day they met, their malice was so much, that they sent two cunning orders to me as I may call them, to bring in the public accounts.

"There is sent hence from our Assembly, a large letter containing several sheets of paper, with complaints, particularly against yourself, but in general against the protesting members and some others, as I hear. This Letter although it be sent hence from authority, yet they would not suffer it to be recorded in their Journals, although several of the members of your County urged that it ought to be entered; they also would have protested, but they would not allow any such thing, saying that it was not precedential in Parliament although you got that liberty, they were resolved it should not be precedent, for you very well know they are following the works of darkness.

Just at the breaking up of the Assembly, they passed a noble vote, and interpreted the Regulating Bill, so that all foreigners, as well as natural born subjects, had the liberty to vote, if they had been worth Ten Pounds, and had been here three months; and honest Ralph, who loves slavery better than liberty, moved your Honourable Assembly to bring in a Bill to naturalize all foreigners this next spring, which will be in 14 days time; so that unless we have a Regulating Bill, and some other Acts passed in England for the good government of this country, I cannot see how we can pretend to live happy here.

Worthy Sir,

July 25, 1703.

"Enclosed you will find another copy of the famous vote of our Assembly, for fear the last sent should not come to your hands; also a copy of their Act against Blasphemy and Profaneness, which they always made a great noise about, although they are some of the most profanest in the country themselves, yet you know great pretenders to religion and honesty, for a colour for their Roguery.*. Journals of the Commons House of Assembly.

The superscription of these Letters is not given in the Journals.

attended this House; and the Speaker informed him of what Reflections he had writ, spoke and preached against the Honour of this House. Mr. Marston requesting a copy of his charge, Ordered, that the Clerk of the House give him a copy of what the House lays against him; and ordered, that he give in his answer to-morrow morning.

"Oct. 19. 1704. According to Order, Mr. Edward Marston sent to the House his answer to the Articles charged against him by this House; which was (according to Order) read. [Not upon record.] Ordered, that the said answer be Rejected.

"The Question is, whether this House address the Governor to concur with us in Depriving the said Marston from his salary during the pleasure of this House. Carried in the Affirmative.

"Ordered, that James Smith and William Smith, be a committee to draw up the Censure of this House against the said Marston, and an address to the Governor and Council for the suspension of the said Marston from his salary during the pleasure of this House, and report the same to this House this day." The Committee Reported. The first part is the same as was reported to the House, Oct. 18th, to which the following was added:

"Now as for your Office and Ecclesiastical function, we do not pretend to meddle with it, although we think that by your Carriage of late you have deserved to be taken notice of, but we leave those matters to your Ecclesiastical Governors and Ordinary, to proceed against you, for this House doth not pretend to meddle with your Function. But for your imprudent carriage and behaviour above recited, its the Resolution of this House, and its ordered, that whereas £150 is to be paid yearly to the Minister or Incumbent of Charles-Town, by the Public Receiver, that you be deprived of the said Salary during the pleasure of this House, and that you continue so deprived until such

time as by an Order of this House, upon Amendment, better Behaviour and Submission you be restored to the same; And that this Ordinance be sent to the Governor and Council for their Concurrence.

"JOB HOWES, Speaker.

"Which was agreed to by the House, and the Speaker ordered to sign the same."

"Oct. 20th. The Governor and Council concurred in the Censure, and a joint Committee of both Houses were appointed "to draw a Letter to the Proprietaries and the Lord Bishop of London, to give an Account of the Reasons of the Proceedings against the said Mr. Marston."

"Oct. 23, 1704. Ordered, that the Messenger of this House, summons Mr. Edward Marston to attend this House immediately, to hear the Censure of this House against him." Mr. Marston attended, but he refused to hear the Censure, and withdrew. The House, out of regard to Mr. Marston's Function, "did not order him into the custody of the Messenger," but directed him to be served with a copy of the Censure.

To accomplish the views of Government, an Act was passed Nov. 4, 1704, entitled, "An Act for the establishment of Religious Worship in this Province according to the Church of England, and for the erecting of Churches for the public Worship of God, and also for the maintenance of Ministers, and the building convenient Houses for them."

This Act contained some very extraordinary and arbitrary regulations, by no means calculated to reconcile either Dissenters or Churchmen, to an established religion. The following are the most important sections:

I. For as much as in a well grounded Christian Commonwealth, matters concerning Religion and the Honor of God, ought in the first place to be taken into consideration, and honest endeavours to attain to such good ends countenanced and encouraged, as being not only most acceptable to God, but the best way and means to obtain his mercy, and a blessing upon a people and country.

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 upon 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