State

They Were Strict in the Old Days Gelling «trunk. using profanity and fishing 4iu Sundays were some of llie tilings which were sternly for¬ bidden «luring the eolonial period of North Carolina's history. By LOUIS T. MOORE IN these days of religious free¬ dom and multiplicity of beliefs in worship, it is interesting to note legal regulations and restric¬ tions during the regime of the Lords Proprietors in North Caro¬ lina in the period from 1665 to 1729. Both the patents of King Charles to the Proprietors while proceed¬ ing under the assumption that the Church of England was to be the accepted form, nevertheless al¬ lowed liberal tolerance to all set¬ tlers, who because of conscientious beliefs, did not wish to follow the prescribed course. It was stipu¬ lated though that such dissenters should neither insult the church, nor disturb the government. Soon, therefore, after the establishment of a Legislature, religion was the subject of one of its regulations. A Restful Sabbath Sunday was ordered to be ob¬ served as a day of rest and religious observance. In addition another day was set aside by statute as one of humiliation, fasting and prayer. This was the 30th of January, in commemoration of the “martyr¬ dom" of King Charles I. Later, it was ordered that May 29. the an¬ niversary of the birth and restora¬ tion of King Charles II was to be observed as a holy day. Then sub¬ sequently the 22 of September was set aside as a day of fasting and prayer. This was to record proper¬ ly the massacre of the whites at Bath, by the Tuscarora and Core Indians in 1711. Relative to Sunday, the law re¬ quired that all people should apply themselves, "to the holy observa¬ tion thereof, by exercising them¬ selves publicly and privately in the required duties of piety and true religion." All worldly labor by mechanics, artisans and others was to be suspended on that day. It was specified that there should be no hunting or fishing on Sunday. Those who offended against these enactments, if of the age of four¬ teen years or older, were ordered fined ten shillings for each offense. Neither gambling nor drinking were to be countenanced under a penalty of five shillings. If the master or mistress of a slave or bound person permitted anyone under their charge to violate these enactments, they were required to pay a similar penalty. Neither planters, merchants nor their ser¬ vants were to use any boat on Sun¬ day except in case of necessity or for the purpose of attending divine worship. Neither was any tavern or ordinary keeper to sell any in¬ toxicating drinks on Sunday or any of the other days noted above. And, "whereas the odious and loathsome sin of drunkenness." the law said, had "of late grown into common use within this province, and being the root and foundation of many sins." it was decreed that every person who should become intoxi¬ cated should pay five shillings for each offense, and that when com¬ mitted on Sunday or any of the holy days enumerated, the penalty should be doubled. Profane swearing and cursing by a private person was to be pun¬ ished by a fine for each oath. If the offender chanced to be a public officer the penalty was to be doubled. If one should swear pro¬ fanely before any sitting court the offender was to be subject to im¬ mediate payment of a fine of five shillings for each count of pro¬ fanity. If there should be failure to pay the fine the offender was to be placed by order of the court in the stocks for three hours for each separate offense. All of the enumerated penalties might be levied by order under the warrant of a single magistrate. When there was inability to pay, the invariable confinement in the stocks was the alternate punish¬ ment. It is interesting to know that all of the cash penalties enumerated under the law were to be paid to the church wardens — one-half for the use of the poor and the re¬ mainder to the informer. The lat¬ ter provision has been retained to the present day in the case of vio¬ lators of internal revenue laws, such as smuggling, etc. There were two general provisos under the en¬ actments of Colonial days. The first was that dressing and pre¬ paring necessary food in private or public houses on the days named, were not to be considered a dese¬ cration and subject to punishment. The second was that all prosecu¬ tions under the existing laws were required to be started within ten days after each alleged offense. The acts on the subject of re¬ ligion also carried with them a glance into the morals of the com¬ munity. It was enacted that every man and woman coming from for¬ eign parts into the colony, as man and wife, if accused by belief or report of not being so. were to be carried before a magistrate, who was permitted (if the circumstances seemed to justify), to allow the couple twelve months to produce the record or other proof of their lawful marriage. If such were not brought forward within the allot¬ ted time, then the parties were to be "treated as vagabonds and ex¬ pelled the government." Rules for the Ministry Every minister in the Province was required to read publicly all the general provisions under the general subject of religion twice a year. If there should be no minister within a precinct, then the clerk of the jurisdictional court was re¬ quired publicly to read them dur¬ ing the sessions of the court in the spring and autumn of each year. Another later law declared the Church of England to be the only established Church in Carolina, and divided the Province into nine parishes. It was stipulated that for each of these parishes there should be a vestry, composed of the min¬ ister, if there were one and twelve vestrymen. The act declared by name who the vestrymen in each parish should be. Within forty days the marshal was to summon these vestrymen to meet. They ( Continued on page 20) THE STATE. December 1. 1945 12