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.
Wilson was listed in the register as having a black complexion and a large scar on his left wrist. He was 5 feet 6.5 inches tall, and the record stated that he "lost his free papers." In Common Law Book D, his appearance was described in the same manner.
William was listed in the register as having a black complexion, scars on his left arm and left wrist, and as being 5 feet 9 inches tall. In Common Law Books D and E, his appearance was described in the same manner. In Common Law Book E, William was said to have a burn on his right wrist and renewed his registration after losing his papers. He was listed as 33 years old in that book. Further, he was ordered to be hired out by the sheriff of the county after not paying his taxes.
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."
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.
Thomas was listed in the register as being "bright mulatto" and 5 feet 6.75 inches tall. He also had a burn mark on the right side of his mouth and a scar on the inside of his left hand near his thumb. He registered twice, and his age was recorded in 1851 at 24 years old. This same information is listed in Common Law Book D. In the Requisition Records, Thomas was listed alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
Sarah was listed in the register as having a "brown complexion" and a mark or burn on her left wrist. She was 5 feet 1.5 inches tall. In Common Law Book D, her appearance was described in the same manner.
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.
Rosanna was listed in the register as "bright mulatto" and 5 feet 7 inches tall. She previously registered in Botetourt County. In Common Law Book D, her appearance was listed in the same manner, and she was said to have had a small scar on her forehead.
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.
Moses was listed in the register as having a "black complexion" and "two scars on his right thumb." He was 5 feet 11.25 inches tall. In Common Law Book D, his appearance was listed in the same manner.
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."
Martha was listed in the register as having a "black complexion" and being 5 feet 2 inches tall. She registered twice at 21 and 26 years old. In Common Law Book D, at age 21 years old, her appearance was described in the same manner. In Common Law Book E, it was recorded that she lost her free papers and had them renewed at 20 years old.
Lewis was an enslaved man who was previously owned by Johnathan Tosh. A value of $500.00 was placed on Lewis, who was then bequeathed to Johnathan Tosh Jr's heirs. James T. Tosh was likely the son of Johnathan Tosh Jr. Johnathan Tosh Sr bequeathed the enslaved man Lewis to Johnathan Tosh Jr.'s heirs; while which heirs was not specified, under Thomas Tosh's guardianship of James, the sale bill of Lewis is listed, in which Thomas purchased Lewis.
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.
In Common Law Book D, it was ordered that the Overseers of the Poor bind out John to Moses G. Lee. He was to be bound to Lee until he turned 21 years old and paid $20.00 a year every year after he turned 16 years old.
John was listed in the register as having a black complexion and a mark under his left arm near his elbow. He was 6 feet tall. In Common Law Book D, his appearance was described in the same manner. Further, he was ordered to be hired out by the sheriff of the county for at least 10 cents a day to repay his unpaid taxes of $1.90.