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.
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.
Jim was listed in the register as having a "brown complexion," a mark on the right corner of his right eye, and a mark on the second finger of his left hand. He was 5 feet 8 inches tall. In Common Law Book D, his appearance was described in the same manner.
J. K. Pitzer and Frederick Johnston were listed in Settlement of Estates Book 1 as the administrators of Madison Pitzer’s estate. It was also listed on March 13, 1865 that enslaved people were hired to work at fortifications for $89.00. In the same entry, an enslaved man, Anderson, was listed as having died in service of Confederate States Government: "To cash received for negro man Anderson who died in service of Confederate States Government." $4,700.00 went to J. K. Pitzer, Frederick Johnston, and Madison Pitzer. Later in this same record, $41.33 was received by the estate of Madison Pitzer on January 6, 1864 for the hire of enslaved people who worked on Richmond Defenses.
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."
George was listed in the register as having brown complexion, a scar on the inside of his right middle finger, and his right eye was said to be smaller than the left. He was 5 feet 11 inches tall. He registered twice at 21 and 29 years old. George was recorded in Common Law Book D at 21 years old and Book E at 29 years old, and his appearance was described in the same manner.
Field Cousins was listed in the register as having a "yellow complexion" and scars on his forehead and near the joint of his left forefinger. He was 5 feet 10 inches tall, and he previously registered in Goochland County on October 21, 1851. This same information was recorded in Common Law Book D.
Joseph Woods' will and testament stated that 13 enslaved people would be divided equally between John Ballard, Harrison M. Ballard, Martha Ansnian, Susan Brown, Elizabeth Wood, Jane Campbell, Polly Ballard.
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.
Catherine was listed in the register as being 5 feet 3.75 inches tall and "bright mulatto." She had a mark of a cupping instrument on the back of her neck. In Common Law Book D, her appearance was described in the same manner.
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…”