Lith. of Ritchies & Dunnavant Richmond. Tab. 12 Book 3 Pag. 170Lith. of Ritchies & Dunnavant Richmond.Tab. 12 Book 3 Pag. 170
Tab.12. Represents the burial of the kings.
OF THE DISEASES AND CURES OF THE INDIANS.
§ 41. The Indians are not subject to many diseases; and such as they have, generally come from excessive heats and sudden colds, which they as suddenly get away by sweating. But if the humor happen to fix, and make a pain in any particular joint, or limb, their general cure then is by burning, if it be in any part that will bear it; their method of doing this is by little sticks of lightwood, the coal of which will burn like a hot iron; the sharp point of this they run into the flesh, and having made a sore, keep it running till the humor be drawn off; or else they take punk, (which is a sort of soft touchwood, cut out of the knots of oak or hickory trees, but the hickory affords the best,) this they shape like a cone, (as the Japanese do their moxa for the gout,) and apply the basis of it to the place affected. Then they set fire to it, letting it burn out upon the part, which makes a running sore effectually.
They use sucking in sores frequently, and scarifying, which, like the Mexicans, they perform with a rattlesnake's tooth. They seldom cut deeper than the epidermis, by which means they give passage to those sharp waterish humors that lie between the two skins, and cause inflammations. Sometimes they make use of reeds for cauterizing, which they heat over the fire, till they are ready to flame, and then apply them upon a piece of thin wet leather to the place aggrieved, which makes the heat more piercing.
Their priests are always physicians, and by the method of their education in the priesthood, are made very knowing in the hidden qualities of plants and other naturalthings, which they count a part of their religion to conceal from everybody, but from those that are to succeed them in their holy function. They tell us their god will be angry with them if they should discover that part of their knowledge; so they suffer only the rattlesnake root to be known, and such other antidotes, as must be immediately applied, because their doctors can't be always at hand to remedy those sudden misfortunes which generally happen in their hunting or traveling.
They call their physic wisoccan, not from the name of any particular root or plant, but as it signifies medicine in general. So that Heriot, De Bry, Smith, Purchase and De Laet, seem all to be mistaken in the meaning of this word wighsacan, which they make to be the name of a particular root; and so is Parkinson in the word woghsacan, which he will have to be the name of a plant. Nor do I think there is better authority for applying the word wisank to the plant vincetoxicum indianum germanicum, or winank to the sassafras tree.
The physic of the Indians consists for the most part in the roots and barks of trees, they very rarely using the leaves either of herbs or trees; what they give inwardly, they infuse in water, and what they apply outwardly, they stamp or bruise, adding water to it, if it has not moisture enough of itself; with the thin of this they bath the part affected, then lay on the thick, after the manner of a poultice, and commonly dress round, leaving the sore place bare.
§ 42. They take great delight in sweating, and therefore in every town they have a sweating house, and a doctor is paid by the public to attend it. They commonly use this to refresh themselves, after they have been fatigued with hunting, travel, or the like, or else when they are troubled with agues, aches, or pains in their limbs. Their method is thus: the doctor takes three or four large stones, which after having heated red hot, he places them in the middle of the stove, laying on them some of the inner barkof oak beaten in a mortar, to keep them from burning. This being done, they creep in six or eight at a time, or as many as the place will hold, and then close up the mouth of the stove, which is usually made like an oven, in some bank near the water side. In the meanwhile the doctor to raise a steam, after they have been stewing a little while, pours cold water on the stones, and now and then sprinkles the men to keep them from fainting. After they have sweat as long as they can well endure it, they sally out, and (though it be in the depth of winter) forthwith plunge themselves over head and ears in cold water, which instantly closes up the pores, and preserves them from taking cold. The heat being thus suddenly driven from the extreme parts to the heart, makes them a little feeble for the present, but their spirits rally again, and they instantly recover their strength, and find their joints as supple and vigorous as if they never had traveled, or been indisposed. So that I may say as Bellonius does in his observations on the Turkish bagnio's, all the crudities contracted in their bodies are by this means evaporated and carried off. The Muscovites and Finlanders are said to use this way of sweating also. "It is almost a miracle," says Olearius, "to see how their bodies, accustomed to and hardened by cold, can endure so intense a heat, and how that when they are not able to endure it longer, they come out of the stoves as naked as they were born, both men and women, and plunge into cold water, or cause it to be poured on them." Trav. into Musc., I, 3, page 67.
The Indians also pulverize the roots of a kind of anchusa, or yellow alkanet, which they call puccoon, and of a sort of wild angelica, and mixing them together with bear's oil, make a yellow ointment, with which, after they have bathed, they anoint themselves Capapee; this supples the skin, renders them nimble and active, and withal so closes up the pores, that they lose but few of their spirits by perspiration. Piso relates the same of the Brazilians; and my Lord Bacon asserts, that oil and fat things do no lessconserve the substance of the body, than oil-colors and varnish do that of the wood.
They have also a farther advantage of this ointment; for it keeps all lice, fleas, and other troublesome vermin from coming near them; which otherwise, by reason of the nastiness of their cabins, they would be very much infested with.
Smith talks of this puccoon, as if it only grew on the mountains, whereas it is common to all the plantations of the English, now on the land frontiers.
OF THE SPORTS AND PASTIMES OF THE INDIANS.
§ 43. Their sports and pastimes are singing, dancing, instrumental music, and some boisterous plays, which are performed by running, catching and leaping upon one another; they have also one great diversion, to the practicing of which are requisite whole handfuls of little sticks or hard straws, which they know how to count as fast as they can cast their eyes upon them, and can handle with a surprising dexterity.
Their singing is not the most charming that I have heard; it consists much in exalting the voice, and is full of slow melancholy accents. However, I must allow even this music to contain some wild notes that are agreeable.
Their dancing is performed either by few or a great company, but without much regard either to time or figure. The first of these is by one or two persons, or at most by three. In the meanwhile, the company sit about them in a ring upon the ground, singing outrageously and shaking their rattles. The dancers sometimes sing, and sometimes look menacing and terrible, beating their feet furiously against the ground, and shewing ten thousand grimaces and distortions. The other is performed by a great number of people, the dancers themselves forming a ring, and moving round a circle of carved posts, that are set up for that purpose; or else round a fire, made in a convenient part of the town; and then each has his rattle in his hand, or what other thing he fancies most, as his bow and arrows, or his tomahawk. They also dress themselves up with branches of trees, or some other strange accoutrements. Thus theyproceed, dancing and singing, with all the antic postures they can invent; and he's the bravest fellow that has the most prodigious gestures. Sometimes they place three young women in the middle of the circle, as you may see in the figure.
Lith. of Ritchies & Dunnavant Richmond, Va. Tab. 13 Book 3 Pag. 176Lith. of Ritchies & Dunnavant Richmond, Va.Tab. 13 Book 3 Pag. 176
Tab.13. Represents a solemn festival dance of the Indians round their carved posts.
Those which on each side are hopping upon their hams, take that way of coming up to the ring, and when they find an opportunity strike in among the rest.
Captain Smith relates the particulars of a dance made for his entertainment, by Pocahontas, daughter of the emperor Powhatan, to divert him till her father came, who happened not to be at home when Smith arrived at his town. Gen. Hist., p. 194.
"In a fair plain field they made a fire, before which he sat down upon a mat, when suddenly amongst the woods was heard such a hideous noise and shrieking, that the English betook themselves to their arms, and seized on two or three old men by them, supposing Powhatan with all his power was coming to surprise them. But presently Pocahontas came, willing him to kill her, if any hurt were intended; and the beholders, which were men, women and children, satisfied the captain that there was no such matter. Then presently they were presented with this antic; thirty young women came naked out of the woods, only covered behind and before with a few green leaves, their bodies all painted, some of one color, some of another, but all differing; their leader had a fair pair of buck's horns on her head, an otter's skin at her girdle, another at her arm, a quiver of arrows at her back, and a bow and arrows in her hand. The next had in her hand a sword, another a club, another a potstick; all of them being horned alike: the rest were all set out with their several devices. These fiends, with most hellish shouts and cries, rushing from among the trees, cast themselves in a ring about the fire, singing and dancing with most excellent ill variety, oftfalling into their infernal passions, and then solemnly betaking themselves again to sing and dance; having spent an hour in this mascarado, as they entered, in like manner they departed."
They have a fire made constantly every night, at a convenient place in the town, whither all that have a mind to be merry, at the public dance or music, resort in the evening.
Their musical instruments are chiefly drums and rattles: their drums are made of a skin, stretched over an earthen pot half full of water. Their rattles are the shell of a small gourd, or macock of the creeping kind, and not of those called callibaches, which grow upon trees; of which the Brazilians make their maraka, or tamaraka, a sort of rattle also, as Clusius seems to intimate.
OF THE LAWS, AND AUTHORITY OF THE INDIANS AMONG ONE ANOTHER.
§ 44. The Indians having no sort of letters among them, as has been before observed, they can have no written laws; nor did the constitution in which we found them seem to need many. Nature and their own convenience having taught them to obey one chief, who is arbiter of all things among them. They claim no property in lands, but they are in common to a whole nation. Every one hunts and fishes, and gathers fruits in all places. Their labor in tending corn, pompions, melons, &c., is not so great, that they need quarrel for room, where the land is so fertile, and where so much lies uncultivated.
They bred no sort of cattle, nor had anything that could be called riches. They valued skins and furs for use, and peak and roenoke for ornament.
They are very severe in punishing ill breeding, of which every Werowance is undisputed judge, who never fails to lay a rigorous penalty upon it: an example whereof I had from a gentleman that was an eye-witness; which was this:
In the time of Bacon's rebellion, one of these Werowances, attended by several others of his nation, was treating with the English in New Kent county about a peace; and during the time of his speech, one of his attendants presumed to interrupt him, which he resented as the most unpardonable affront that could be offered him; and therefore he instantly took his tomahawk from his girdle and split the fellow's head for his presumption. The poor fellow dying immediately upon the spot, he commanded some of his mento carry him out, and went on again with his speech where he left off, as unconcerned as if nothing had happened.
The Indians never forget nor forgive an injury, till satisfaction be given, be it national or personal: but it becomes the business of their whole lives; and even after that, the revenge is entailed upon their posterity, till full reparation be made.
§ 45. The titles of honor that I have observed among them peculiar to themselves, are only Cockarouse and Werowance, besides that of the king and queen; but of late they have borrowed some titles from us, which they bestow among themselves. A Cockarouse is one that has the honor to be of the king or queen's council, with relation to the affairs of the government, and has a great share in the administration. A Werowance is a military officer, who of course takes upon him the command of all parties, either of hunting, traveling, warring, or the like, and the word signifies a war-captain.
The priests and conjurers are also of great authority, the people having recourse to them for counsel and direction upon all occasions; by which means, and by help of the first fruits and frequent offerings, they riot in the fat of the land, and grow rich upon the spoils of their ignorant countrymen.
They have also people of a rank inferior to the commons, a sort of servants among them. These are called black boys, and are attendant upon the gentry, to do their servile offices, which, in their state of nature, are not many. For they live barely up to the present relief of their necessities, and make all things easy and comfortable to themselves, by the indulgence of a kind climate, without toiling and perplexing their minds for riches, which other people often trouble themselves to provide for uncertain and ungrateful heirs. In short, they seem as possessing nothing, and yet enjoying all things.
OF THE TREASURE OR RICHES OF THE INDIANS.
§ 46. The Indians had nothing which they reckoned riches, before the English went among them, except peak, roenoke, and such like trifles made out of the conch shell. These past with them instead of gold and silver, and served them both for money and ornament. It was the English alone that taught them first to put a value on their skins and furs, and to make a trade of them.
Peak is of two sorts, or rather of two colors, for both are made of one shell, though of different parts; one is a dark purple cylinder, and the other a white; they are both made in size and figure alike, and commonly much resembling the English bugles, but not so transparent nor so brittle. They are wrought as smooth as glass, being one third of an inch long, and about a quarter diameter, strung by a hole drilled through the centre. The dark color is the dearest, and distinguished by the name of wampom peak. The Englishmen that are called Indian traders, value the wampom peak at eighteen pence per yard, and the white peak at nine pence. The Indians also make pipes of this, two or three inches long, and thicker than ordinary, which are much more valuable. They also make runtees of the small shell, and grind them as smooth as peak. These are either large like an oval bead, and drilled the length of the oval, or else they are circular and flat, almost an inch over, and one third of an inch thick, and drilled edgeways. Of this shell they also make round tablets of about four inches diameter, which they polish as smooth as the other, and sometimes they etch or grave thereon circles, stars, a halfmoon, or any other figure suitable to their fancy. These they wear instead of medals before or behind their neck, and use the peak, runtees and pipes for coronets, bracelets, belts, or long strings hanging down before the breast, or else they lace their garments with them, and adorn their tomahawks, and every other thing that they value.
They have also another sort which is as current among them, but of far less value; and this is made of the cockle shell, broken into small bits with rough edges, drilled through in the same manner as beads, and this they call roenoke, and use it as the peak.
These sorts of money have their rates set upon them as unalterable, and current as the values of our money are.
The Indians have likewise some pearl amongst them, and formerly had many more, but where they got them is uncertain, except they found them in the oyster banks, which are frequent in this country.
OF THE HANDICRAFTS OF THE INDIANS.
§ 47. Before I finish my account of the Indians, it will not be amiss to inform you, that when the English went first among them, they had no sort of iron or steel instruments; but their knives were either sharpened reeds or shells, and their axes sharp stones, bound to the end of a stick, and glued in with turpentine. By the help of these, they made their bows of the locust tree, an excessive hard wood when it is dry, but much more easily cut when it is green, of which they always took the advantage. They made their arrows of reeds or small wands, which needed no other cutting, but in the length, being otherwise ready for notching, feathering and heading. They fledged their arrows with turkey feathers, which they fastened with glue made of the velvet horns of a deer; but it has not that quality it's said to have, of holding against all weathers; they arm'd the heads with a white transparent stone, like that of Mexico mentioned by Peter Martyr, of which they have many rocks; they also headed them with the spurs of the wild turkey cock.
They rubbed fire out of particular sorts of wood (as the ancients did out of the ivy and bays) by turning the end of a hard piece upon the side of a piece that is soft and dry, like a spindle on its inke, by which it heats, and at length burns; to this they put sometimes also rotten wood and dry leaves, to hasten the work.
§ 48. Under the disadvantage of such tools they made a shift to fell vast great trees, and clear the land of wood in places where they had occasion.
They bring down a great tree by making a small fireround the root, and keeping the flame from running upward, until they burn away so much of the basis, that the least puff of wind throws it down. When it is prostrate, they burn it off to what length they would have it, and with their stone tomahawks break off all the bark, which when the sap runs will easily strip, and at other times also, if it be well warmed with fire. When it is brought to a due length, they raise it upon a bed to a convenient height for their working, and then, begin by gentle fires to hollow it, and with scrapers rake the trunk, and turn away the fire from one place to another, till they have deepened the belly of it to their desire. Thus also they shape the ends, till they have made it a fit vessel for crossing the water, and this they call a canoe, one of which I have seen thirty feet long.
When they wanted any land to be cleared of the woods, they chopped a notch round the trees quite through the bark with their stone hatchets or tomahawks, and that deadened the trees, so that they sprouted no more, but in a few years fell down. However, the ground was plant-able, and would produce immediately upon the withering of the trees. But now for all these uses they employ axes and little hatchets, which they buy of the English. The occasions aforementioned, and the building of their cabins, are still the greatest use they have for these utensils, because they trouble not themselves with any other sort of handicraft, to which such tools are necessary. Their household utensils are baskets made of silk grass, gourds, which grow to the shapes they desire them, and earthen pots to boil victuals in, which they make of clay.
Lith. of Ritchies & Dunnavant Richmond, Va. Tab: 14. Book: 3 Pag: 183Lith. of Ritchies & Dunnavant Richmond, Va.Tab: 14. Book: 3 Pag: 183
Tab.14. Shows their manner of felling great trees (before they had iron instruments) by firing the root, and bringing them to fit lengths, and shaping them for use by fire alone.
The Indians of Virginia are almost wasted, but such towns or people as retain their names and live in bodies are hereunder set down, all which together can't raise fivehundred fighting men. They live poorly, and much in fear of the neighboring Indians. Each town, by the articles of peace, 1677, pays three Indian arrows for their land, and twenty beaver skins for protection every year.
In Accomac are eight towns, viz:
Metomkin is much decreased of late by the small pox, that was carried thither.Gingoteague. The few remains of this town are joined with a nation of the Maryland Indians.Kiequotank is reduced to very few men.Matchopungo has a small number yet living.Occahanock has a small number yet living.Pungoteague. Governed by a queen, but a small nation.Onancock has but four or five families.Chiconessex has very few, who just keep the name.Nanduye. A seat of the empress. Not above twenty families, but she hath all the nations of this shore under tribute.
Metomkin is much decreased of late by the small pox, that was carried thither.
Gingoteague. The few remains of this town are joined with a nation of the Maryland Indians.
Kiequotank is reduced to very few men.
Matchopungo has a small number yet living.
Occahanock has a small number yet living.
Pungoteague. Governed by a queen, but a small nation.
Onancock has but four or five families.
Chiconessex has very few, who just keep the name.
Nanduye. A seat of the empress. Not above twenty families, but she hath all the nations of this shore under tribute.
In Northampton, Gangascoe, which is almost as numerous as all the foregoing nations put together.
In Prince George Wyanoke is extinct.
In Charles City Appomattox is extinct.
In Surry. Nottawayes, which are about a hundred bowmen, of late a thriving and increasing people.
By Nansemond. Meherrin has about thirty bowmen, who keep at a stand.
Nansemond. About thirty bowmen. They have increased much of late.
In King William's county two. Pamunky has about forty bowmen, who decrease.
Chickahominy, which had about sixteen bowmen, but lately increased.
In Essex. Rappahannock extinct.
In Richmond. Port Tobacco extinct.
In Northumberland. Wiccomocca has but few men living, which yet keep up their kingdom and retain their fashion, yet live by themselves, separate from all other Indians, and from the English.
§ 49. Thus I have given a succinct account of the Indians; happy, I think, in their simple state of nature, and in their enjoyment of plenty, without the curse of labor. They have on several accounts reason to lament the arrival of the Europeans, by whose means they seem to have lost their felicity as well as their innocence. The English have taken away great part of their country, and consequently made everything less plentiful amongst them. They have introduced drunkenness and luxury amongst them, which have multiplied their wants, and put them upon desiring a thousand things they never dreamt of before. I have been the more concise in my account of this harmless people, because I have inserted several figures, which I hope have both supplied the defect of words, and rendered the descriptions more clear. I shall, in the next place, proceed to treat of Virginia as it is now improved, (I should rather say altered,) by the English, and of its present constitution and settlement.
AS THIS BOOK MUST CONSIST OF TWO PARTS, FIRST, THE POLITY OF THE GOVERNMENT; SECONDLY, THE HUSBANDRY AND IMPROVEMENTS OF THE COUNTRY; I SHALL HANDLE THEM SEPARATELY.
OF THE CIVIL POLITY AND GOVERNMENT OF VIRGINIA.
OF THE CONSTITUTION OF GOVERNMENT IN VIRGINIA.
§ 1. I have already hinted, that the first settlement of this country was under the direction of a company of merchants incorporated.
That the first constitution of government appointed by them was a president and council, which council was nominated by the corporation or company in London, and the president annually chosen by the people in Virginia.
That in the year 1610, this constitution was altered, and the company obtained a new grant of his majesty; wherebythey themselves had the nomination of the governor, who was obliged to act only by advice in council.
That in the year 1620, an assembly of burgesses was first called, from all the inhabited parts of the country, who sat in consultation with the governor and council, for settling the public affairs of the plantation.
That when the company was dissolved, the king continued the same method of government, by a governor, council and burgesses; which three being united were called the general assembly.
That this general assembly debated all the weighty affairs of the colony, and enacted laws for the better government of the people; and the governor and council were to put them in execution.
That the governor and council were appointed by the king, and the assembly chosen by the people.
Afterwards the governor had a more extensive power put into his hands, so that his assent in all affairs become absolutely necessary; yet was he still bound to act by advice of council in many things.
Until the rebellion 1676, the governor had no power to suspend the counsellors, nor to remove any of them from the council board.
Then a power was given him of suspending them, but with proviso, that he gave substantial reasons for so doing; and was answerable to his majesty for the truth of the accusation.
Then also this model of government by a governor, council and assembly, was confirmed to them with a farther clause, that if the governor should happen to die, or be removed, and no other person in the country nominated by the crown to supply his place, then the president, or eldest councillor, with the assistance of any five of the council, should take upon him the administration of the government, all which are authorized by commission and instructions to the governor.
Before the year 1680, the council sat in the same housewith the burgesses of assembly, much resembling the model of the Scotch parliament; and the Lord Colepepper, taking advantage of some disputes among them, procured the council to sit apart from the assembly; and so they became two distinct houses, in imitation of the two houses of parliament in England, the lords and commons; and so is the constitution at this day.
§ 2. The governor is appointed by the crown; his commission is under seal, and runs during pleasure.
He represents the king's person there in all things, and is subject to his instructions.
His assent is necessary to the laws, agreed upon by the council and assembly; without it no law can be made.
His test to all laws so assented to is also requisite.
He calls assemblies by advice of council, but prorogues or dissolves them without.
He calls and presides in all councils of State, and hath his negative there also.
He appoints commissioners of county courts for the administration of justice, by consent of council.
He grants commissions to all officers of the militia, under the degree of a lieutenant general, (which title he bears himself,) as he thinks fit.
He orders and disposes the militia for the defence of the country.
He tests proclamations.
He disposes of the unpatented land according to the charter, the laws of that country, and his instructions; for which end, and for other public occasions, the seal of the colony is committed to his keeping.
All issues of the public revenue must bear his test.
And by virtue of a commission from the admiralty he is made vice-admiral.
The governor's salary, till within these forty-five years last past, was no more than a thousand pounds a year; besides which, he had about five hundred more in perquisites. Indeed, the general assembly, by a public act, made anaddition of two hundred pounds a year to Sir William Berkeley in particular, out of the great respect and esteem they bore to that gentleman, who had been a long time a good and just governor; and who had laid out the greatest part of his revenue in experiments, for the advantage and improvement of the country; and who had, besides, suffered extremely in the time of the usurpation. But this addition was to determine with his government.
Sir William Berkeley, after the short interval of Jeffery's and Chicheley's being deputy-governors, was succeeded by the Lord Colepepper, who, under pretence of his being a peer of England, obtained of King Charles II. a salary of two thousand pounds, besides one hundred and sixty pounds a year for house rent, because there was no house appointed by the country for the governor's reception. This salary has continued ever since, to the succeeding governors.
If the administration of the government happen to fall into the hands of the president and council, there is then usually allowed to the president, the addition of five hundred pounds a year only; and to the council, no more than what is given them at other times.
§ 3. The gentlemen of the council are appointed by letter or instruction from his majesty, which says no more, but that they be sworn of the council.
The number of the counsellors when complete, is twelve; and if at anytime, by death or removal, there happen to be fewer than nine residing in the country, then the governor has power to appoint and swear into the council, such of the gentlemen of the country as he shall think fit to make up that number, without expecting any direction from England.
The business of the council, is to advise and assist the governor in all important matters of government, which he shall consult them in.
In the general assembly, the council make the upper house, and claim an entire negative voice to all laws, as the house of lords in England.
The salary of the council is in all but three hundred and fifty pounds per annum, to be proportioned among them according to their attendance on general courts and assemblies.
§ 4. The burgesses of assembly are elected, and returned from all parts of the country, viz: from each county, two; and from James City, one; and from the college, one; which make up in all sixty burgesses. They are convened by writs issued from the secretary's office, under the seal of the colony, and the test of the governor. These are directed to the sheriff of each county respectively, and ought to bear date at least forty days before the return. The freeholders are the only electors, and wherever they have a freehold (if they be not women, or under age, or aliens) they have a vote in the election. The method of summoning the freeholders, is by publication of the writ, together with the day appointed by the sheriff for election, at every church and chapel in the county, two several Sundays successively. The election is concluded by plurality of voices; and if either party be dissatisfied, or thinks he has not fair treatment, he may demand a copy of the poll, and upon application to the house of burgesses, shall have his complaint inquired into. But to prevent undue elections, many acts have been there made, agreeably to some lately enacted in England.
The first business of a convention, by the governor's direction, is to make choice of a speaker, and to present him in full house to the governor. Upon this occasion, the speaker, in the name of the house, petitions the governor to confirm the usual liberties and privileges of assembly, namely, access to his person whenever they shall have occasion; a freedom of speech and debate in the house, without being farther accountable; a protection of their persons, and their servants from arrest, &c. And these being granted by the governor, and the cause of their meeting declared by him, they proceed to do business, choosing committees, and in other things imitating as near as theycan the method of the honorable house of commons in England.
The laws having duly passed the house of burgesses, the council, and the governor's assent, they are transmitted to the king by the next shipping for his approbation, his majesty having another negative voice. But they immediately become laws, and are in force upon the governor's first passing them, and so remain if his majesty don't actually repeal them, although he be not pleased to declare his royal assent, one way or other.
There are no appointed times for their convention, but they are called together whenever the exigencies of the country make it necessary, or his majesty is pleased to order anything to be proposed to them.
OF THE SUBDIVISIONS OF VIRGINIA.
§ 5. The country is divided into twenty-nine counties, and the counties, as they are in bigness, into fewer or more parishes, as they are filled with inhabitants.
The method of bounding the counties is at this time with respect to the convenience of having each county limited to one single river, for its trade and shipping, so that any one whose concerns are altogether in one county, may not be obliged to seek his freight and shipping in more than one river. Whereas at first, they were bounded with respect to the circuit, and the propinquity of the extremes to one common centre, by which means one county reached then quite across a neck of land from river to river. But this way of bounding the counties being found more inconvenient than the other, it was changed by a law into what it is now.
Besides this division into counties and parishes, there are two other subdivisions, which are subject to the rules and alterations made by the county courts, namely: into precincts or burroughs, for the limits of constables; and into precincts or walks, for the surveyors of highways.
§ 6. There is another division of the country into necks of land, which are the boundaries of the escheators, viz:
1. The northern neck between Potomac and Rappahannock rivers. This is the proprietary in the Lord Colepepper's family.2. The neck between Rappahannock and York rivers, within which Pamunky neck is included.3. The neck between York and James rivers.4. The lands on the south side of James river.5. The land on the eastern shore; in all, five divisions. Each of which has its particular escheat-master.
1. The northern neck between Potomac and Rappahannock rivers. This is the proprietary in the Lord Colepepper's family.
2. The neck between Rappahannock and York rivers, within which Pamunky neck is included.
3. The neck between York and James rivers.
4. The lands on the south side of James river.
5. The land on the eastern shore; in all, five divisions. Each of which has its particular escheat-master.
In the northern neck are contained six counties. 1. Lancaster, viz: in which are two parishes, viz: Christ Church, and Saint Mary White Chapel. 2. Northumberland, two parishes, viz: Fairfield and Boutracy, andWiccocomoco. 3. Westmoreland, two parishes, viz: Copely and Washington. 4. Stafford, two parishes, viz: Saint Paul and Overworton. 5. Richmond, one parish, viz: North Farnham, and part of another, viz: Sittenburn. 6. King George county, one parish, viz: Hanover, the other part of Sittenburn.
In the neck between Rappahannock and York rivers, are contained six other counties, viz:
1. Gloucester, in which are four parishes, viz: Pesso, Abingdon, Ware and Kingston. 2. Middlesex, only one parish, viz: Christ Church. 3. King and Queen, two parishes, viz: Stratton Major, Saint Stephen. 4. King William, two parishes, viz: Saint John and Saint Margaret. 5. Essex, three parishes, viz: South Farnham, Saint Anne, Saint Mary. 6. Spottsylvania, one parish, viz: Saint George.
In the neck between York and James river, there are seven counties and part of an eighth. The seven entire counties are: 1. Elizabeth City, in which is only one parish, named also Elizabeth City parish. 2. The Warwick, in which are two parishes, viz: Denby, Mulberry Island. 3. York, in which are two parishes, viz: Charles and Yorkhampton, and part of a third called Braton. 4. James City, in which are three parishes and part of two others, viz: James City, part of Wilmington, Merchants' Hundred, and the other half of Braton. 5. New Kent, two parishes, viz: Blisland, and Saint Peter. 6. CharlesCity, two parishes, viz: Westover, and part of Wilmington. 7. Hanover, one parish, viz: Saint Paul. And 8. Part of Henrico county, on the north side of James river, by which river the parishes are also divided, there being two parishes in the whole county, viz: Henrico and Saint James, and part of a third called Bristol.
On the south side James river are seven counties, and the other part of Henrico. The seven counties, beginning at the bay as I have done in all the rest are, viz: 1. Princess Anne, in which is but one parish, viz: Lynhaven. 2. Norfolk, also one parish, called Elizabeth River. 3. Nansemond, in which are three parishes, viz: Lower Parish, Upper Parish, Chickaluck. 4. Isle of Wight, in which are two parishes, viz: Warwick Squeeke Bay, and Newport. 5. Surry, two parishes, viz: Lyon's Creek, Southwark. 6. Prince George, in which is one parish, viz: Martin Brandon, and the other part of Bristol Parish, in Henrico. 7. Brunswick, a new county constituted towards the southern pass of the mountains, on purpose that by extraordinary encouragements the settlements may send up that way first, as is given also to Spottsylvania county for the northern pass. It is made one parish, by the name of Saint Andrew.
On the eastern shore, that is, on the east side the great bay of Chesapeake, the place where Sir William Berkeley retired to in the rebellion, without withdrawing from his government, (as Mr. Oldmixon declares he did) are two counties. 1. Northampton, having one parish, named Hungers. 2. Accomac, having one parish, named also Accomac.
In all there are at present twenty-nine counties, and fifty-four parishes.
§ 7. There is yet another division of the country into districts, according to the rivers, with respect to the shipping and navigation. These are the bounds appointed for the naval officers, and collectors of the public duties, and are as follows:
1. The upper parts of James river, from Hog island upwards.2. The lower parts of James river, from Hog island downwards to the capes, and round Point Comfort to Back river.3. York, Poquoson, Mobjack bay, and Piankatank rivers.4. Rappahannock river.5. Potomac river.6. Pocomoke, and the other parts on the eastern, made formerly two districts, but they are now united into one.
1. The upper parts of James river, from Hog island upwards.
2. The lower parts of James river, from Hog island downwards to the capes, and round Point Comfort to Back river.
3. York, Poquoson, Mobjack bay, and Piankatank rivers.
4. Rappahannock river.
5. Potomac river.
6. Pocomoke, and the other parts on the eastern, made formerly two districts, but they are now united into one.
OF THE PUBLIC OFFICES OF GOVERNMENT.
§ 8. Besides the governor and council aforementioned, there are three other general officers in that colony bearing his majesty's immediate commission, viz: the auditor of the revenue, the receiver general of it, and the secretary of state.
The auditor's business is to audit the accounts of the public money of the government, and duly to transmit the state of them to England. Such as the quitrents, the money arising by the two shillings per hogshead, fort duties, the fines and forfeitures, and the profit of escheats and rights of land. His salary is six per cent of all the public money. The present auditor is John Grimes, esq.
The receiver general is to sell the public tobacco, collect and receive the money, make the account thereof, and pay it out again by the king's order. His salary is also six per cent. The present receiver general is James Roscow, esq.
The secretary's business is to keep the public records of the country, and to take care that they be regularly and fairly made up, viz: all judgments of the general court, as likewise all deeds, and other writings there proved; and farther, to issue all writs, both ministerial and judicial, relating thereto. To make out and record all patents for land, and to take the return of all inquests of escheats.
In his office is kept a register of all commissions of administration, and probates of wills granted throughout the colony; as also of all births, burials, marriages, and persons that go out of the country, of all houses of public entertainment, and of all public officers in the country, andof many other things proper to be kept in so general an office.
From this office are likewise issued all writs for choosing of burgesses, and in it are filed authentic copies of all proclamations.
The present secretary is Thomas Ficket, esq.
The secretary's income arises from fees for all business done in his office, which come (communibus annis) to about seventy thousand pounds tobacco per annum, out of which he pays twelve thousand five hundred, and cask, to the clerks. His other perquisites proceed out of the acknowledgments paid him annually by the county clerks, and are besides about forty thousand pounds of tobacco and cask.
§ 9. There are two other general officers in the country who do not receive their commission and authority immediately from the crown, and those are: 1. The ecclesiastical commissary, viz: the Rev. James Blair, authorized by the right reverend father in God, the lord bishop of London, ordinary of all the plantations. 2. The country's treasurer, viz: the Hon. Peter Beverley, esq., authorized by the general assembly.
The commissary's business is to make visitations of churches and have the inspection of the clergy. He is allowed one hundred pounds per annum out of the quitrents.
The treasurer's business is to receive the money from the several collectors, and to make up the accounts of the duties raised by some late acts of assembly for extraordinary occasions. His salary is six per cent. of all money passing through his hands.
These are all the general officers belonging to that government, except the court of admiralty, which has no standing officer. The present judge of the admiralty is John Clayton, esq.
§ 10. The other public commission officers in the government, (except those of the militia, for whom a chapter is reserved,) are escheators, naval officers, collectors, clerks of courts, sheriffs of counties, surveyors of land, and coroners.
The escheators have their precincts or bounds, according to the several necks of land; for their profits, they demand five pound for each inquest taken, being paid only as business happens.
The naval officers have their bounds according to the districts on the rivers, and so have the collectors. The profits of the first arise from large fees, upon the entering and clearing of all ships and vessels. The collectors have each a salary out of the treasury in England of forty pounds, sixty pounds, or an hundred pounds, according to their several districts, they being appointed by the honorable commissioners of the customs in England, pursuant to the statute made in the twenty-fifth year of King Charles the second; and have, moreover, salaries of twenty per cent. on all the duties they collect, by virtue of the same statute, and also large fees for every entry and clearing.
The naval officers' other profits, are ten per cent. for all moneys by them received; both on the two shillings per hogshead, port duties, skins and furs, and also on the new imposts on servants and liquors when such duty is in being.
The clerks of courts, sheriffs and surveyors, are limited according to the several counties. The clerks of courts receive their commissions from the secretary of State; the sheriffs theirs from the governor, and the surveyors of land theirs from the governors of the college, in whom the office of surveyor general is vested by their charter.
The clerks' profits proceed from stated fees, upon all law suits and business in their respective courts, except the clerk of the general court, who is paid a salary by the secretary, who takes the fees of that court to himself.
The sheriff's profit is likewise by fees on all business done in the county courts, to which he is the ministerial officer, and not judge of the county court, as Mr. Oldmixon styles him, page 298; but the best of his income is by a salary of all public tobacco, which is constantly put into the sheriff's hands, to be collected and put into hundreds, convenient for the market. He has likewiseseveral other advantages, which make his place very profitable.
The profits of the surveyors of land are according to the trouble they take. Their fees being proportioned to the surveys they make.
The coroner is a commissioner officer also, but his profits are not worth naming, though he has large fees allowed him when he does any business. There are two or more of them appointed in each parish, as occasion requires; but in the vacancy or absence of any, upon an exigency, the next justice of peace does the business and receives the fee, which is one hundred and thirty-three pounds of tobacco for an inquest on a dead corpse, any other business seldom falling in his way.
§ 11. There are other ministerial officers that have no commission; which are, surveyors of the highways, constables and headboroughs. These are appointed, relieved and altered annually by the county courts, as they see occasion; and such bounds are given them as those courts think most convenient.
OF THE STANDING REVENUES, OR PUBLIC FUNDS IN VIRGINIA.
§ 12. There are five sorts of standing public revenues in that country, viz: 1. A rent reserved by the crown upon all the lands granted by patent. 2. A revenue granted to his majesty by act of assembly, for the support and maintenance of the government. 3. A revenue raised by the assembly, and kept in their own disposal, for extraordinary occasions. 4. A revenue raised by the assembly, and granted to the college. And 5. A revenue raised by act of parliament in England upon the trade there.
§ 13. 1. The rent reserved upon their lands, is called his majesty's revenue of quit rents, and is two shillings for every hundred acres of land, patented by any person in that country, and two pence per acre for all lands found to escheat; this is paid into the treasury there by all, except the inhabitants of the Northern Neck, who pay nothing to the king; but the whole quit rent of that neck is paid to certain proprietors of the Lord Colepepper's family, who have the possession thereof to themselves, upon the pretensions before rehearsed in the first part of this book.
This revenue has been upwards of fifteen hundred pounds a year, since tobacco has held a good price. It is lodged in the receiver general's hands, to be disposed of by his majesty. This money is left in bank there, to be made use of upon any sudden and dangerous emergency, except when it is called home to England; and for want of such a bank, Sir William Berkeley was not able to make any stand against Bacon, whom otherwise he might easily havesubdued, and consequently have prevented above one hundred thousand pounds expense to the crown of England, to pacify those troubles.
§ 14. 2. The revenue granted 10 his majesty by act of assembly, for the support and maintenance of the government, arises first out of a duty of two shillings per hogshead, which is paid for every hogshead of tobacco exported out of that colony. 2. By a rate of fifteen pence per ton for every ship, upon each return of her voyage, whether she be empty or full. 3. By a duty of sixpence per poll for every passenger, bound or free, going into that country to remain. 4. By the fines and forfeitures imposed by several acts of assembly. There is also an addition, by wafts and strays having no owner, composition of two pence per acre for escheat land, chattels escheat, and the sale of land instead of rights, at five shillings per right; all which are paid into the hands of the receiver general, and disposed of by the governor and council, (with liberty for the assembly to inspect the accounts when they meet,) for defraying the public charges of the government.
The revenue,communibus annis, amounts to more than three thousand pounds a year.
§ 15. 3. The revenue arising by act of assembly, and reserved to their own disposal, is of two sorts, viz: a duty upon liquors imported from the neighboring plantations, and a duty upon all slaves and servants imported, except English.
The duty on liquors used to be 4d. per gallon on all wines, rum, and brandy; and 1d. per gallon on beer, cider and other liquors, discounting twenty per cent. upon the invoice, except oats.
The duty on servants and slaves used to be twenty shillings for each servant, not being a native of England or Wales, and five pounds for each slave or negro.
The former of these duties amountscommunibus annis, to six hundred pounds a year, and the latter to more or less, as the negro ships happen to arrive.
The charge of building and adorning the governor's house and capitol, was defrayed by these duties, and so was the erecting of the public prison.
These funds are gathered into the hands of the treasurer of the country, and are disposed of only by order of assembly.
§ 16. 4. The revenue raised by the assembly, and granted to the college, is a duty on all skins and furs exported. This fund raises about an hundred pounds a year, and is paid by the collectors, to the college treasurer.
§ 17. 5 and last. The fund raised by act of parliament in England upon the trade there, is a duty of one penny per pound, upon all tobacco exported to the plantations, and not carried directly to England. This duty was laid by Stat. 25, Car. 2, cap. 7, and granted to the king and his successors; and by their gracious majesties King William and Queen Mary, it was given to the college. This duty does not raise, both in Virginia and Maryland, above two hundred pounds a year, and is accounted for to the college treasurer.
OF THE LEVIES FOR PAYMENT OF THE PUBLIC COUNTY AND PARISH DEBTS.
§ 18. They have but two ways of raising money publicly in that country, viz: by duties upon trade, and a poll tax, which they call levies. Of the duties upon trade, I have spoken sufficiently in the preceding chapter. I come, therefore, now to speak of the levies, which are a certain rate or proportion of tobacco charged upon the head of every tithable person in the country, upon all alike, without distinction.
They call all negroes above sixteen years of age tithable, be they male or female, and all white men of the same age; but children and white women are exempted from all manner of duties.
That a true account of all these tithable persons may be had, they are annually listed in crop time, by the justices of each county respectively; and the masters of families are obliged, under great penalties, then to deliver to those justices a true list of all the tithable persons in their families.
Their levies are threefold, viz: public, county and parish levies.
§ 19. Public levies are such as are proportioned and laid equally, by the general assembly, upon every tithable person throughout the whole colony. These serve to defray several expenses appointed by law, to be so defrayed, such as the executing of a criminal slave, who must be made good to his owner. The taking up of runaways, and the paying of the militia, when they happen to be employed upon theservice. Out of these they likewise pay the several officers of the assembly, and some other public officers. They further defray the charge of the writs, for the meeting of the house of burgesses, public expresses, and such like.
The authority for levying this rate is given by a short act of assembly, constantly prepared for that purpose.
§ 20. The county levies are such as are peculiar to each county, and laid by the justices upon all tithable persons, for defraying the charge of their counties, such as the building and repairing their court houses, prisons, pillories, stocks, &c., and the payment of all services, rendered to the county in general.
§ 21. The parish levies are laid by the vestry, for the payment of all charges incident to the several parishes, such as the building, furnishing, and adorning their churches and chapels, buying glebes and building upon them, paying their ministers, readers, clerks, and sextons.
OF THE COURTS OF LAW IN VIRGINIA.
§ 22. I have already, in the chronology of the government, hinted what the constitution of their courts was in old time, and that appeals lay from the general court to the assembly; that the general court, from the beginning, took cognizance of all causes whatsoever, both ecclesiastical and civil, determining everything by the standard of equity and good conscience. They used to come to the merits of the cause as soon as they could without injustice, never admitting such impertinences of form and nicety as were not absolutely necessary; and when the substance of the case was sufficiently debated, they used directly to bring the suit to a decision. By this method, all fair actions were prosecuted with little attendance, all just debts were recovered with the least expense of money and time, and all the tricking and foppery of the law happily avoided.
The Lord Colepepper, who was a man of admirable sense, and well skilled in the laws of England, admired the construction of their courts, and kept them close to this plain method, retrenching some innovations that were then creeping into them, under the notion of form, although, at the same time, he was the occasion of taking away the liberty of appeals to the assembly.
But the Lord Howard, who succeeded him, endeavored to introduce as many of the English forms as he could, being directly opposite to the Lord Colepepper in that point.
And lastly, Governor Nicholson, a man the least acquainted with law of any of them, endeavored to introduceall the quirks of the English proceedings, by the help of some wretched pettifoggers, who had the direction both of his conscience and his understanding.
§ 23. They have two sorts of courts, that differ only in jurisdiction, namely: the general court, and the county courts.
§ 24. The general court is a court held by the governor and council, or any five of them, who by law are the judges of it, and take cognizance of all causes, criminal, penal, ecclesiastical and civil. From this court there is no appeal, except the thing in demand exceed the value of three hundred pounds sterling, in which case an appeal is allowed to the king and council, in England, and there determined by a committee of the privy council, called the lords of appeals; the like custom being used for all the other plantations. In criminal cases, I don't know that there's any appeal from the sentence of this court; but the governor is authorized, by his commission, to pardon persons found guilty of any crime whatsoever, except of treason and wilful murder; and even in those cases, he may reprieve the criminal, which reprieve stands good, and may be continued from time to time until his majesty's pleasure be signified therein.
§ 25. This court is held twice a year, beginning on the 15th of April, and on the 15th of October. Each time it continues eighteen days, excluding Sundays, if the business hold them so long, and these were formerly the only times of goal delivery; but now, by the governor's commission, he appoints two other courts of goal delivery, and the king allows one hundred pounds for each court to defray the charge thereof.
§ 26. The officers attending this general court, are the sheriff of the county wherein it sits, and his under officers. Their business is to call the litigants, and the evidences into court, and to empannel juries. But each sheriff, in his respective county, makes arrests, and returns the writs to this court.
§ 27. The way of empanneling juries to serve in this court, is thus: the sheriff and his deputies every morning that the court sits, goes about the town, summoning the best of the gentlemen, who resort thither from all parts of the country. The condition of this summons is, that they attend the court that day to serve upon the jury, (it not being known whether there will be occasion or no.) And if any cause happen to require a jury, they are then sworn to try the issue, otherwise, they are in the evening, of course, dismissed from all further attendance, though they be not formally discharged by the court. By this means are procured the best juries this country can afford; for if they should be summoned by writ of venire, from any particular county, that county cannot afford so many qualified persons as are here to be found, because of the great resort of gentlemen from all parts of the colony to these courts, as well to see fashions, as to dispatch their particular business. Nor is vicinage necessary there, to distinguish the several customs of particular places, the whole country being as one neighborhood, and having the same tenures of land, usages and customs.
The grand juries are empanneled much after the same manner; but because they require a greater number of men, and the court is always desirous to have some from all parts of the country, they give their sheriff order a day or two before, to provide this pannel.
§ 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 thepetty 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 practitioners 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 constituted 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 allcauses 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 quantity 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.