In case Corn receives dammage by a Neighbours Cattle.They have a custom in the Land Ouvah, which is a great breeder of Cattle, and hath but very little Wood, so that they have not where with to make hedges; It is that when they sow their Lands, they drive their Cattle thence, and watch them all day that they break not into the Corn; and at night they tie their Cattle to secure them from straying into the Corn-Lands: otherwise if one Neighbours Cattle eats another neighbours Corn, he must pay the dammage.
Those that are lazy and loath to Plow, or that are Poor and want Corn to sow, the Custom is, to let out their ground to others to Till at Ande, that is at halves; but fees and accustomable dues taken, out by the Husbandman that tills it, the Owner of the Land receives not much above a third part.
The loss of leting out land to Till.For the Husband hath divers considerable payments besides his half share of the Corn. As namely, first he hath Cotoumaun, that is, so much Corn as they scratch off from the whole heap of trodden Corn by drawing a bundle of Thorns over it. Secondly, Waracool, that is a consideration for the expences they are at in Tilling and Sowing; for which there is a Rate according to the bigness of the field. Thirdly, Warrapoll, that is the Corn they leave at the bottom of the heap after they have done fanning. Which is the Womans fee for their pains in weeding the Corn, and in pulling it it up where it is too thick, and planting it where it is thin, &c. Fourthly, Bolerud which is the Chaff and sweepings of the Pit. This sometimes comes to a considerable value according to the quantity of Corn that is trodden. Fifthly, Peldorah, which is a piece of Corn they leave standing before the watch house, which is set up in their Corn grounds to watch their Corn from the wild beasts. And this left standing is the fee for watching. There is yet another due Ockyaul which belongs to their Gods, and is an offering sometimes carried away by the Priest; and sometimes they bestow it upon the beggar, and sometimes they will take it and hang it up in their houses, and at convenient time sacrifice it Page 102themselves. It is one of their measures, which is about half a Peck.
The great consideration for Corn borrowed.And in the mean time until this Corn is ripe, the Owner is fain to go a borrowing Corn to sustain himself and Family. Which he pays consideration for; which is, when his own Corn is ripe, a bushel and an half for a bushel that is, at the rate of Fifty per Cent. Which manner of lending Corn is a means that doth maintain many strangers and others. For they who have got a small stock of Corn by that Profit may competently live upon it. Which was the means that Almighty God prepared for my relief and maintenance.
Corn thus lent is somewhat difficult to receive again. For the Debtor being Poor, all the Creditors will come into the field, when the Corn is a shareing, that being the place of payment: and as soon as it is divided each one will scramble to get what he can. And having taken possession of it, from thence the Creditor must carry it home himself, be it far or near.
The debt becomes double in two years.If the Debt remains in the Debtors hands two years, it becomes doubled: and from thence forward be it never so long, no more use is to be paid by the Law of the Land, which Act was established by the King in favour of the Poor, there having been some whole Families made Slaves for a bushel of Corn.
If the debtor pay not his debt he is lyable to be a slave for it.But yet it is lawful for the Creditor, missing Corn, to lay hands on any of his goods: or if the sum be somewhat considerable on his Cattle or Children, first taking out a License from the Magistrate so to do, or if he have none, on himself or his wife, if she came with him to fetch the debt, if not, she is clear from this violence; but his Children are not.
Divers other Laws and Customes.If a woman goes away from her Husband without his consent, no Man may marry her, until he first be married. In lending of mony by the use of it in one years time, it becomes double. And if the Creditor receive not his mony at the expiration of the year, but lets it lie in the Debtors hands never so long after, no more than double is to be paid, the encrease never runs up higher as it is in lending Corn. If a Bond-woman has Children by a Free-man, the Children all are Slaves to her Master: but if a Bond-man has Children by a Free-woman, the Children are free: For the Children are always as the Mother, whether Bond or Free. No man may cut down a Coker-nut-Tree. If any man to a bargain or promise gives a stone in the Kings name, it is as firm as hand and seal. And if any after this go back of his word, it will bear an Action. If any man be taken stealing, he must restore seven for one, or else be made a Slave, if he be not able to pay it.
It is lawful and customary for a man in necessity to sell or pawn his Children, or himself. No man building an house either in his own or another mans ground, if he be afterwards minded to leave his Land, where his house stood, may pull it down again: But must let it stand for the benefit of whosoever comes after him.
For deciding controversies.For the deciding of matters in controversie especially of more abstruse cognizance, the parties do both swear before their Gods, sometimes in their Temples, and sometimes upon more extraordinary occasions in hot Oyl. Page 103