Common Law Orders - E - June 1856 - November 1864 - pgs. 1-353
Document Name
Common Law Orders - E - June 1856 - November 1864 - pgs. 1-353
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 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 E, it states that William Boutt left a "family of negroes" to George Taylor. On the same page of Common Law Book E, it states that Boutt left a "negro woman and child" to William Watts.
In Common Law Book E, it states that Jeremiah K. Pitzer obtained an attachment against the estate of Alcoon, as they had "tried to move property, including slaves, cross the state borders to avoid paying a claim made by Pitzer." A group of enslaved people, including a man named Sam, a woman named Eliza, and all of their children were to be "sold off" by the sheriff to pay the claims.
In IAS Book 4, Virginia is listed as having been "confined" in the Roanoke County jail for being "insane." The document says that, "having once committed an act of violence, it is not thought safe to let her go at large." The document also reads that one of the five heirs of Edward Watts would pay the executor one fifth part of the expense of Virginia's clothing and "maintenance" while she remained in jail. This totaled up to "$300 per annum or $60 for each to pay." This incident was covered in Common Law Book E, which documented that "Virgin" was charged with the murder of Martha, a woman enslaved by Edward Watts. She was also deemed to be a "lunatic," and it was ordered that she be kept in one of the "lunatic asylums" as soon as an opening was found.
In Common Law Book E, it is stated that Sarah was living in a poorhouse, "without a master," and when the court was notified, they ordered that Benjamin T. Tinsley "take charge of her for $40.00 a year."
In Common Law Book E, it is stated that Sarah was "old and infirm." The overseer of William Peyton's estate was ordered to take charge of Sarah and "to provide for her maintenance and support."
It is mentioned in the record that Samuel G. Woods had a "bond for hire" of a "negro man" associated with Thomas C. Read. The value put on this bond was $140.00.
In Common Law Book E, it states that Sam, Eliza, and all of their children were taken across state lines by Jeremiah K. Pitzer and William Alcoon to avoid paying a claim made by Pitzer. Eventually, they were to be "sold off" by the sheriff to pay the claims.
In Common Law Book E, it is recorded that, in a court of Oyer and Terminer, Nim was charged with a felony for "feloniously and maliciously stab, cut and wound," Dr. L. Walton, a white man. Nim intended to kill him and was unanimously found guilty by the court, and it was deemed a premeditated crime. He was ordered to be transported beyond Virginia borders for the offense. A value of $450.00 was placed upon Nim by the court.
Note Moses Shovely is listed as a free man in the cohabitation records. Further, he is described as the following in Common Law Book E: “23 years old, black complexion, 5 feet 7 ½ inches high, with a scar on the back and little finger of his right hand and a scar on the forefinger of his left hand."
Joseph Campbell willed that the enslaved individuals be "hired out," along with their "future increases," and be allowed to pick their "masters." It is also stated in the will that the enslaved individuals be divided among Joseph Campbell's children. There is no further mention of names or the number of enslaved individuals in the will.
J. K. Pitzer is listed in Settlement of Estates as the administrator for Madison Pitzer after Madison's death. J. K. Pitzer is also listed alongside Frederick Johnston as an administrator for Madison's estate. It is also listed on March 13, 1865 that, "To cash in for hire of servants at fortifications." That cash would have been $89.00. In the same entry, an enslaved man, Anderson is listed as having died in service of Confederate States Government. It is said in the entry that, "To cash received for negro man Anderson who died in service of Confederate States Government." $4,700.00 would have gone to J.K. Pitzer, Frederick Johnston, and Madison Pitzer.
In Common Law Book E, it is recorded that the enslaved people and other property of H. Reed (dec.) were being disputed, and here ordered to be sold and the profits split between the parties involved. There were no names of enslaved people listed. In a later entry in Common Law Book E, there is a report of continued conflict of the people enslaved by Reed.
In Common Law Book E, it states that Eliza, Sam, and all of their children were taken across state lines by Jeremiah K. Pitzer and William Alcoon to avoid paying a claim made by Pitzer. Eventually, they were to be "sold off" by the sheriff to pay the claims.