Common Law Orders - D - July 1848 - May 1856 - pgs. 401-810
Document Name
Common Law Orders - D - July 1848 - May 1856 - pgs. 401-810
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.
In Common Law Book D, William was reported as having been on trial for "committing a rape," against Sarah Collins, "a white woman." He was found not guilty.
An overseer for the estate of William Ferguson, Sally's enslaver, reported that a sale bill for "a negro woman named Sally," to Polly Hartman should be brought out in court. This is to say that Sally was "bought" by Polly Hartman.
Patterson Hannah bequeathed Henry Clay, Edward, and Stephen to Ivin P. Henry, who would obtain them when he became 21 years old. Until that time, Matthew Harvey was to "have the services" of those three enslaved people.
In Common Law Book D, it is reported that Nelson was charged with "threatening injury to the person and property of William Pettit." Nelson was ultimately found guilty of the charge and ordered to "receive 39 strikes, administered immediately by the county jailer." He was reported to have been so "lutulent and vicious," that he was ordered to either be removed from the state of Virginia, or his enslaver had to enter into a bond to ensure his future good behavior.
In Common Law Book D, it is reported that Mary's enslaver, James Smith, applied to have her exempt from taxes on account of her being "very old and infirm."
Johnathan Tosh bequeathed Lewis to the heirs of Jonathan Tosh Jr (likely James T. Tosh), bequeathed Mat to Jane Lewis, and bequeathed Dick and Fanny to Thomas Tosh.
John Lewis received $1120.00 in the settlement of the accounts of John Thomas and Charles Lewis, by Frederick Johnston, to "equalize with division of negroes." This intent of this was likely to equalize the monetary value of an inheritance.
In Common Law Book D, it is reported that James Bruce set into motion for an "aged and infirm slave named Billy," to be exempt from taxation. In the same book, it is reported that James Bruce left "55 acres of land and 44 negroes" to Alex Bruce.
In Common Law Book D, it is reported that Isaac Duckwiler put into motion to stop paying taxes on "a negro woman named Hannah, on account of age and infirmity."
In Common Law Book D, it is reported that Charles Coleman enslaved a man named Nelson. Nelson was charged with "threatening injury to the person and property of William Pettit." Nelson was ultimately found guilty of the charge and ordered to "receive 39 strikes, administered immediately by the county jailer." He was reported to have been so "lutulent and vicious," that he was ordered to either be removed from the state of Virginia, or his enslaver had to enter into a bond to ensure his future good behavior.
In Common Law Book D, it is reported that Billy was enslaved by James Bruce. There was a motion for Billy, an "aged and infirm slave," to be exempt from taxation.
Benjamin Hawley is listed in an indenture agreement: “unto the said Benjamin Hawley a girl of colour by the name of Magdeline Saunders until she arrives to the age of 21 years…the 22nd day of June 1858…”
In the IAS Book 4, F. Johnston is listed as the administrator for William M. Richards. One entry in the appraisement states, "To cash recd. in A. Bruce for hire of Lucy 1856" with a value of $41.20.