Part 19 (1/2)

-- 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.