Common Law Orders - C - August 1843 - June 1848 - pgs. 1-226
Document Name
Common Law Orders - C - August 1843 - June 1848 - pgs. 1-226
Provenience
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.
Susan was listed in the register as "bright mulatto" and 5 feet 8.5 inches tall, with a scar on her left thumb. In Common Law Book C, her appearance is described in the same manner.
Jonathan and Mahala Sue were charged with taking, stealing, carrying away, and concealing an enslaved woman named Rody, who was enslaved by John Smith. The Counsel ruled that they were not guilty of the offense, and they were discharged.
Richard was listed in the register as being 5 feet 11.5 inches tall and "dark colored." In Common Law Book C, his appearance was described in the same manner.
Mary was listed in the register as being 5 feet 1.75 inches tall and "dark colored" with a scar on her right hand above her thumb. She registered twice at 21 and 25 years old. Common Law Book C records her registration at 21 years old. Mary's appearance is described the same manner, with the exception of her height being listed as 5 feet 0.75 inches tall.
Mary was listed in the register as "dark colored" and 5 feet 3.5 inches tall, with a burn on her left hand. In Common Law Book C, her appearance was described in the same manner. Additionally, her age was listed as "27 years, 2 months, and 27 days."
Malinda was listed in the register as being 4 feet 2 inches tall and "dark colored." In Common Law Book C, her appearance was listed in the same manner.
Jonathan and Mahala Sue were charged with taking, stealing, carrying away, and concealing an enslaved woman named Rody, who was enslaved by John Smith. The Counsel ruled that they were not guilty of the offense, and they were discharged.
Jonathan and Mahala Sue were charged with taking, stealing, carrying away, and concealing an enslaved woman named Rody, who was enslaved by John Smith. The Counsel ruled that they were not guilty of the offense, and they were discharged.
Other enslaved individuals are mentioned in John Smith's settlement of estate entry, stating that "other slaves having been also delivered to those entitled to them."
In Common Law Book C, John proved to the Court that he was freeborn, and he was registered as such. He was listed as 5 feet 7 inches tall and "bright mulatto," with a large mole on his breast.
In Common Law Book C, James proved to the Court that he was freeborn, and he was registered as such. He was listed as 5 feet 9.5 inches tall and "bright mulatto," with a scar on his left forefinger.
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.
Caleb registered twice in Roanoke County, and his age was recorded once in 1845 at 41 years old. He previously registered in Montgomery County, VA. His physical appearance was listed as having a black complexion and scars on his right arm, over his right eye, and on his right wrist. He was lame in his left leg which was produced by white swelling in his foot, and he was "somewhat bald." In Common Law Book C, Caleb's appearance was described in the same manner. He appeared in Common Law Book E at 60 years old.
Betsey was listed in the register as being "bright mulatto," 5 feet 5 inches tall, and having a scar on her left wrist caused by a burn. She registered three times at ages 22, 26, and 37.
In Common Law Book C, Abner proved to the Court that he was freeborn, and he was registered as such. He was listed as having a dark complexion and scars on his left hand and upper lip. He was 5 feet 7 inches tall.