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.
Elijah registered three times: at 21 years old, 34 years old, and 35 years old. He was listed as being "bright mulatto," 5 feet 7 inches tall, and having a small scar on his left cheek and a dark spot on his right shoulder. In Common Law Book D, Elijah's appearance was described in the same manner at 21 years old. The same occurred in Common Law Book E when he was 31 years old.
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.
In Common Law Book D, Edmund is listed as having been "assessed" by Bernard Pitzer, William C. Williams, P.H. Huff, and George Shanks. He was listed alongside Peggy Jane, Mary, Paulina, Ellen, Simon, and Robert.
In Common Law Book D, Daniel is listed as having been charged with a felony for setting William C. Walton's tobacco house on fire on April 29, 1851. He pled not guilty, but the court unanimously found him guilty. He was not condemned to death, but it was decided that he should instead be transported outside the boundaries of the United States. He was "assessed in value," by the court to be worth $700.00. John Persinger, Daniel's enslaver, was ordered to pay W.M. Cook $25.00 for defending Daniel in court.
In Common Law Book D was a Court of Oyer against Aaron and Billy Brown, two enslaved men charged with larceny. Collin, Betsey, Charles, and Tom were all asked to appear in court.
In 1850, 1/5th of the hired enslaved people were divided between both John Thomas and Charles Lewis. In 1850, the sum was $141.00 and in 1851 the sum was $85.34.
In Common Law Book D was a Court of Oyer against Aaron and Billy Brown, two enslaved men charged with larceny. Collin, Betsey, Charles, and Tom were all asked to appear in court.
In 1849, Charles was charged with the assault of John Richardson. Charles was said to have beaten Richardson with the intent to kill, and he was remanded to jail. Charles pled not guilty but was found unanimously guilty by the court.
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.
Caswell was listed in the register as being "dark mulatto" and having a "brown complexion." He was 5 feet 9 inches tall with a scars over his right eye and on his right hand. He registered twice at ages 24, 29, and 30 years old. The record states, in the 1851 entry, that he lost his free papers.
Bowyer was listed in the register as having a "light brown complexion," a scar on the first joint of his left middle finger, and a scar on the inside of his left arm. He was 5 feet 10 inches tall. In Common Law Book D, his appearance was described in the same manner.
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, a white man. Bill was found guilty and was remanded to county jail to await his trial. However, in Common Law Book No. 1, the jury found Bill not guilty.
William R. Johnson enslaved a man named Charles, who was charged with the assault of John Richardson. Charles was said to have beaten Richardson with the intent to kill, and he was remanded to jail.
In Common Law Book D was the petition of William Peyton to place Albert in the county jail for safekeeping. Albert was described as being "of unsound mind."
Aaron Shovelly, whose alias was Aaron Ross, was listed in the register as having a "black complexion" and a stiff right forefinger. He registered twice at 15 and 20 years old, and he was 5 feet 4.5 inches tall and 5 feet 10.25 inches tall at those ages. In Common Law Book E, he was described in the same manner.
In Common Law Book D was a Court of Oyer against Aaron and Billy Brown, two enslaved men charged with larceny. Collin, Betsey, Charles, and Tom were all asked to appear in court.