Common Law Orders - D - July 1848 - May 1856 - pgs. 1-400
Document Name
Common Law Orders - D - July 1848 - May 1856 - pgs. 1-400
Provenience
The Roanoke County Archives
Abstract
The Common Law Orders vary significantly in the records they hold, but they largely include records of court cases including trials of enslaved people and indictments, records of payments for those involved in these court proceedings, the petitions of free people of color proving to the court their free status, as well as other eclectic information such as correspondences between Roanoke County officials and officials of other jurisdictions. Wills and settlements of estates were occasionally also included in the Common Law books. Free people of color had to petition to the Roanoke County court to be able to live in the jurisdiction, have proof of their free status, and had to be examined before the court and their physical appearance recorded into record, including height, skin color, age, and any noticeable scars or disabilities. Court cases ranged from criminal indictments to tax exemptions. In some cases, an enslaver would not be taxed for an enslaved person who was ill, elderly, or disabled, and the record for this exemption would be included. Some court indictments include the charging of white people for selling enslaved people liquor or gathering in groups with enslaved people, which was illegal. In other rare but notable cases, enslaved people were charged with crimes including theft, arson, and assault. Witnesses may have been called, including other enslaved people. In such court cases, the bulk of the court, including both prosecutors and those assigned as defense counsel for the enslaved people, were enslavers themselves. In some cases, the convicted enslaved people would be punished with whippings or death by lynching, while in a few others cases, in place of punishment the enslaved person would be “transported outside the limits of the United States,” presumably to Liberia.
Katy was listed in the register as having a "yellow complexion" and a mole on her chin. She was 5 feet 2.75 inches tall. In Common Law Book D, her appearance was described in the same manner.
In Common Law Book D, John Wright is listed alongside Samuel Hannah and Wiley P. Wood as being an heir to the estate of William Lewis. They were ordered to "assess Andrew, Edmund, Mary, and William."
John Saunders was listed in the register as "bright mulatto" and 5 feet 6.5 inches tall. In Common Law Book B, he proved via witness that he was freeborn. In Common Law Book D, John was said to have a mole on his breast. Otherwise, his appearance was described in the same manner across documents. In Common Law Book E, John was tried for stealing "one cloth cap and two vests, the property of George Keen," and "one coat, one roundabout, one vest, and one pair pants" belonging to James Snead. He was found guilty and was sentenced to three years in the public jail.
In Common Law Book D, an examining court was held against Bill, who was charged with a felony. He was said to have "maliciously" struck and wounded James H. Dinguard. Bill was found guilty and was remanded to county jail to await his trial.
In Common Law Book C, there was a charge by James C. Huff, a jailor, for committing and releasing John, who was "charged with horse stealing." Huff also presented a charge for having transported John to the Rockbridge County Jail.
Jacob was listed in the register as having a black complexion, as well as scars on his forehead over his left eye and on the joint of his left wrist. He was 5 feet 8 inches tall. In Common Law Book D, Jacob's appearance was described in the same manner.
In Common Law Book D was an application of William Watts and Edward Saunders, who were the committee serving for Martha Watts, to have two enslaved people, Hector and Isabel, be exempted from taxation due to age and infirmity.
Hercules was listed in the register as having a "dark brown complexion," two scars on his right wrist, and a scar on his left hand near his wrist. In Common Law Book D, his appearance was described in the same manner. In Common Law Book E, his registration was renewed.
As stated in the Common Law book, it was ordered that the Overseers of the Poor bind out Henry Saunders. His father, Hercules Cuff, asked that Stephen Henry appear in court to prove why Henry's indenture should not be cancelled. The indenture was later cancelled and quashed.
In the settlement of estate of Henry E. Blair, it is recorded that he was the guardian of Andrew J. Mary, John T. Edward, Georgiana Barnes, William Bird Barnes, and all of Aaron Barnes' children. He left Elizabeth Barnes $239.67.
In Common Law Book D was an application of William Watts and Edward Saunders, who were the committee serving for Martha Watts, to have two enslaved people, Hector and Isabel, be exempted from taxation due to age and infirmity.
Griffin was listed in the register as having a yellow complexion and being 5 feet 5.5 inches tall. The forefinger on his right hand was cut off, and he had scars on his left wrist and left shoulder. In Common Law Book D, his appearance was described in the same manner. In Common Law Book E, his age was recorded as 33 years old. Griffin was also listed in the Requisition Records alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
In Common Law Book D, Ellen is listed as having been "assessed" by Bernard Pitzer, William C. Williams, P.H. Huff, and George Shanks. She was listed alongside Peggy Jane, Mary, Paulina, Edmund, Nancy, Simon, and Robert.
Elizabeth was listed in the register as being 5 feet 3.5 inches tall with a "dark brown complexion" and scars under her chin and on the joint of her left forefinger. She registered three times, and her age was recorded twice in 1849 and 1856 at 19 and 26 years old. In Common Law Book D, her appearance was described in the same manner at 19 years old. Common Law Book E contains these same descriptors at 26 and 33 years old. At 33 years old, she was said to have small pox scars on her face.
Eliza was listed in the register as having a copper complexion and scars on her right wrist and right thumb. She was 5 feet and 1 inch tall. In Common Law Book D, her appearance was listed in the same manner.