The History of Virginia Part 19

-- 28. In criminal matters this method is a little altered; because a knowledge of the life, and conversation of the party, may give light to the jury in their verdict. For this reason a writ of venire issues in such cases, to summon six of the nearest neighbors to the criminal, who must be of the same county wherein he lived; which writ of venire is returned by the sheriff of the respective county, to the secretary's office, and the names are taken from thence, by the sheriff attending the general court, and put in the front of the pannel, which is filled up with the names of the other gentlemen summoned in the town, to be of the petty jury for the trial of that criminal. If the prisoner have a mind to challenge the jurors, the same liberty is allowed him there as in England; and if the pannel fall short, by reason of such challenge, it must then be made up of the bystanders.

-- 29. All actions in that country are generally brought to a determination the third court, unless some special, extraordinary reason be shown why the party can't make his defence so soon. The course is thus: upon the defendant's nonappearance, order goes against the bail, (for a capias is generally their first process,) on condition, that unless the defendant appear, and plead at the next court, judgment shall then be awarded for the plaintiff. When the defendant comes to the next court he is held to plead. Thus, by common course, a year and a half ends a cause in the general court, and three or four months in the county court. If any one appeal from the judgment of the county court, the trial always comes on the succeeding general court; so that all business begun in the county court, tho' it runs to the utmost of the law, (without some extraordinary event,) ought to be finished in nine months.

-- 30. Every one that pleases, may plead his own cause, or else his friends for him, there being no restraint in that case, nor any licensed pract.i.tioners in the law. If any one be dissatisfied with the judgment of the county court, let it be for any sum, little or great, he may have an appeal to the next general court, giving security to answer, and abide the judgment of that court; but an action cannot originally be brought in the general court, under the value of ten pounds sterling, or of two thousand pounds of tobacco, except in some particular cases of penal laws.

-- 31. The county courts are const.i.tuted by law, and the justices thereof appointed by commission from the governor with advice of council. They consist of eight or more gentlemen of the county, called justices of the peace, the sheriff being only a ministerial officer to execute its process. This court is held monthly, and has jurisdiction of all causes within the county, cognizable by common law or chancery, and not touching life or member, and never was limited to any value in its jurisdiction, as Mr. Oldmixion would have it, pag. 298. But in the case of hog stealing, they may sentence the criminal to lose his ears; which is allowed by a particular act for that purpose, as the punishment of the second offence, the third is felony. In all things they proceed in the same manner as the general court.

-- 32. This monthly court hath the care of all orphans, and of their estates, and for the binding out and well ordering of such fatherless children, who are either without an estate, or have very little.

In September annually they are to enquire into the keeping and management of the orphan, as to his sustenance and education, to examine into his estate, and the securities thereof, viz: whether the sureties continue to be responsible, and his lands and plantations be kept improving, and in repair, &c. If the orphan be poor, and bound an apprentice to any trade, then their business is to enquire, how he is kept to his schooling and trade; and if the court find he is either misused or untaught, they take him from that master, and put him to another of the same trade, or of any other trade, which they judge best for the child. They cannot bind an orphan boy but to a trade, or the sea.

Another charitable method in favor of the poor orphans there, is this: that besides their trade and schooling, the masters are generally obliged to give them at their freedom, cattle, tools, or other things, to the value of five, six, or ten pounds, according to the age of the child when bound, over and above the usual quant.i.ty of corn and clothes.

The boys are bound till one and twenty years of age, and the girls till eighteen. At which time, they who have taken any care to improve themselves, generally get well married, and live in plenty, though they had not a farthing of paternal estate.

CHAPTER VII.

OF THE CHURCH AND CHURCH AFFAIRS.

-- 33. Their parishes are accounted large or small, in proportion to the number of t.i.thables contained in them, and not according to the extent of land.

-- 34. They have in each parish a convenient church, built either of timber, brick or stone, and decently adorned with everything necessary for the celebration of divine service.

If a parish be of greater extent than ordinary, it hath generally a chapel of ease; and some of the parishes have two such chapels, besides the church, for the greater convenience of the paris.h.i.+oners. In these chapels the minister preaches alternately, always leaving a reader to read prayers when he can't attend himself.

-- 35. The people are generally of the church of England, which is the religion established by law in that country, from which there are very few dissenters. Yet liberty of conscience is given to all other congregations pretending to Christianity, on condition they submit to all parish duties. They have but one set conventicle amongst them, viz: a meeting of Quakers in Nansemond county, others that have lately, been being now extinct; and 'tis observed by letting them alone they decrease daily.

-- 36. The maintenance for a minister there, is appointed by law at sixteen thousand pounds of tobacco per annum, (be the parish great or small;) as also a dwelling house and glebe, together with certain perquisites for marriages and funeral sermons. That which makes the difference in the benefices of the clergy is the value of the tobacco, according to the distinct species of it, or according to the place of its growth. Besides, in large and rich parishes, more marriages will probably happen, and more funeral sermons.

The fee by law for a funeral sermon is forty s.h.i.+llings, or four hundred pounds of tobacco; for a marriage by license twenty s.h.i.+llings, or two hundred pounds of tobacco, and where the banns are proclaimed, only five s.h.i.+llings, or fifty pounds of tobacco.

When these salaries were granted, the a.s.sembly valued tobacco at ten s.h.i.+llings per hundred; at which rate, the sixteen thousand pounds comes to fourscore pounds sterling; but in all parishes where the sweet-scented grows, since the law for appointing agents to view the tobacco was made, it has generally been sold for double that value, and never under.

In some parishes, likewise, there are by donation stocks of cattle and negroes on the glebes, which are also allowed to the minister for his use and encouragement, he only being accountable for the surrender of the same value when he leaves the parish.

-- 37. For the well governing of these, and all other parochial affairs, a vestry is appointed in each parish. These vestries consist of twelve gentlemen of the parish, and were at first chosen by the vote of the paris.h.i.+oners; but upon the death of any, have been continued by the survivors electing another in his place. These, in the name of the parish, make presentation of ministers, and have the sole power of all parish a.s.sessments. They are qualified for this employment by subscribing, to be conformable to the doctrine and discipline of the church of England. If there be a minister inc.u.mbent, he always presides in the vestry.

For the ease of the vestry in general, and for discharging the business of the parish, they choose two from among themselves to be church-wardens, which must be annually changed, that the burthen may lie equally upon all. The business of these church-wardens, is to see the orders and agreements of the vestry performed; to collect all the parish tobacco, and distribute it to the several claimers; to make up the accounts of the parish, and to present all profaneness and immorality to the county courts, and there prosecute it.

By these the tobacco of the minister is collected, and brought to him in hogsheads convenient for s.h.i.+pping, so that he is at no farther trouble but to receive it in that condition. This was ordained by the law of the country, for the ease of the ministers, that so they being delivered from the trouble of gathering in their dues, may have the more time to apply themselves to the exercises of their holy function, and live in a decency suitable to their order. It may here be observed, that the labor of a dozen negroes does but answer this salary, and seldom yields a greater crop of sweet scented tobacco than is allowed to each of their ministers.

-- 38. Probates of wills and administrations are, according to their law, pet.i.tioned for in the county courts; and by them security taken and certified to the governor, which, if he approves the commission, is then signed by them without fee. Marriage licenses are issued by the clerks of those courts, and signed by the justice in commission, or by any other person deputed by the governor, for which a fee of twenty s.h.i.+llings must be paid to the governor. The power of induction, upon presentation of ministers, is also in the governor.

In the year 1642, when the sectaries began to spread themselves so much in England, the a.s.sembly made a law against them, to prevent their preaching and propagating their doctrines in that colony. They admitted none to preach in their churches but ministers ordained by some reverend bishop of the church of England, and the governor, for the time being, as the most suitable public person among them, was left sole judge of the certificates of such ordination, and so he has continued ever since.

-- 39. The only thing I have heard the clergy complain of there, is what they call precariousness in their livings; that is, that they have not inductions generally, and therefore are not ent.i.tled to a freehold; but are liable, without trial or crime alledged, to be put out by the vestry. And though some have prevailed with their vestries, to present them for induction, yet the greater number of the ministers have no induction, but are entertained by agreement with their vestries, yet are they very rarely turned out without some great provocation, and then, if they have not been abominably scandalous, they immediately get other parishes, for there is no benefice whatsoever in that country that remains without a minister if they can get one, and no qualified minister ever yet returned from that country for want of preferment.

They have now several vacant parishes.

CHAPTER VIII.

CONCERNING THE COLLEGE.

-- 40. The college, as has been hinted, was founded by their late majesties, King William and Queen Mary, of happy memory, in the year 1692. Towards the founding of which, they gave one thousand nine hundred and eighty-five pounds, fourteen s.h.i.+llings and ten pence. They gave moreover, towards the endowment of it, twenty thousand acres of land; the revenue of one pence per pound on tobacco exported to the plantations from Virginia and Maryland; and the surveyor general's place, then avoid; and appointed them a burgess to represent them in the a.s.semblies. The land hitherto has yielded little or no profit; the duty of one pence per pound, brings in about two hundred pounds a year; and the surveyor general's place, about fifty pounds a year. To which the a.s.sembly had added a duty on skins and furs exported, worth about an hundred pounds a year.

-- 41. By the same charter, likewise, their majesties granted a power to certain gentlemen, and the survivors of them, as trustees, to build and establish the college, by the name of William and Mary college; to consist of a president and six masters, or professors, and an hundred scholars, more or less, graduates or non-graduates; enabling the said trustees, as a body corporate, to enjoy annuities, spiritual and temporal, of the value of two thousand pounds sterling per annum, with proviso to convert it to the building and adorning the college; and then to make over the remainder to the president and masters, and their successors, who are likewise to become a corporation, and be enabled to purchase and hold to the value of two thousand pounds a year, but no more.

-- 42. The persons named in the charter for trustees, are made governors and visitors of the college, and to have a perpetual succession, by the name of governors and visitors, with power to fill up their own vacancies, happening by the death or removal of any of them. Their complete number may be eighteen, but not to exceed twenty, of which one is to be rector, and annually chosen by themselves, on the first Monday after the 25th of March.

These have the nomination of the president and masters of the college, and all other officers belonging to it; and the power of making statutes and ordinances, for the better rule and government thereof.

-- 43. The building is to consist of a quadrangle, two sides of which are not yet carried up. In this part are contained all conveniencies of cooking, brewing, baking, &c., and convenient rooms for the reception of the president and masters, with many more scholars than are as yet come to it. In this part are also the hall and school room.

-- 44. The college was intended to be an intire square when finished. Two sides of this were finished in the latter end of Governor Nicholson's time, and the masters and scholars, with the necessary housekeepers and servants, were settled in it, and so continued till the first year of Governor Nott's time, in which it happened to be burnt (no body knows how) down to the ground, and very little saved that was in it, the fire breaking out about ten o'clock at night in a public time.

The governor, and all the gentlemen that were in town, came up to the lamentable spectacle, many getting out of their beds. But the fire had got such power before it was discovered, and was so fierce, that there was no hope of putting a stop to it, and therefore no attempts made to that end.

In this condition it lay till the arrival of Colonel Spotswood, their present governor, in whose time it was raised again the same bigness as before, and settled.

There had been a donation of large sums of money, by the Hon. Robert Boyle, esq., to this college, for the education of Indian children therein. In order to make use of this, they had formerly bought half a dozen captive Indian children slaves, and put them to the college. This method did not satisfy this governor, as not answering the intent of the donor. So to work he goes, among the tributary and other neighboring Indians, and in a short time brought them to send their children to be educated, and brought new nations, some of which lived four hundred miles off, taking their children for hostages and education equally, at the same time setting up a school in the frontiers convenient to the Indians, that they might often see their children under the first managements, where they learned to read, paying fifty pounds per annum out of his own pocket to the schoolmaster there; after which many were brought to the college, where they were taught till they grew big enough for their hunting and other exercises, at which time they were returned home, and smaller taken in their stead.

CHAPTER IX.

OF THE MILITIA IN VIRGINIA.

-- 45. The militia are the only standing forces in Virginia. They are happy in the enjoyment of an everlasting peace, which their poverty and want of towns secure to them. They have the Indians round about in subjection, and have no sort of apprehension from them: and for a foreign enemy, it can never be worth their while to carry troops sufficient to conquer the country; and the scattering method of their settlement will not answer the charge of an expedition to plunder them: so that they feel none but the distant effect of war, which, however, keeps 'em so poor, that they can boast of nothing but the security of their persons and habitations.

-- 46. The governor is lieutenant-general by his commission, and in each county does appoint the colonel, lieutenant-colonel and major, who have under them captains, and other commissioned and subaltern officers.

Every freeman, (by which denomination they call all, but indented, or bought servants,) from sixteen to sixty years of age, is listed in the militia; which by a law is to be mustered in a general muster for each county once a year; and in single troops and companies, four times more at the least: most people there are skilful in the use of fire-arms, being all their lives accustomed to shoot in the woods. This, together with a little exercising, would soon make the militia useful.

-- 47. The exact number of the militia is not now known, there not being any account of the number taken of late years, but I guess them at this time to be about eighteen thousand effective men in all.

And whereas by the practice of former times upon the militia law, several people were obliged to travel sometimes thirty or forty miles to a private muster of a troop or company, which was very burdensome to some, more than others, to answer only the same duty; this governor, just and regular in all his conduct, and experienced to put his desires in execution, so contrived, by dividing the counties into several cantons or military districts, forming the troops and companies to each canton, and appointing the musterfields in the centre of each, that now throughout the whole country, none are obliged to travel above ten miles to a private muster, and yet the law put in due execution.

-- 48. Instead of the soldiers they formerly kept constantly in forts, and of the others after them by the name of rangers, to scour the frontiers clear of the Indian enemy, they have by law appointed the militia to march out upon such occasions, under the command of the chief officer of the county, where any incursion shall be notified. And if they upon such expedition remain in arms three days and upwards, they are then ent.i.tled to the pay for the whole time; but if it prove a false alarm, and they have no occasion to continue out so long, they can demand nothing.

-- 49. The number of soldiers in each troop of light horse, are from thirty to sixty, as the convenience of the canton will admit; and in a company of foot about fifty or sixty. A troop or company may be got together at a day's warning.