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.
Son of Edward Watts and Elizabeth Breckinridge Watts. Brother of Ann Watts Holcombe, Alice Watts Morris, Henrietta Carter Watts, Letitia Gamble Watts, James Breckinridge Watts, Mary Scott Watts, Edward Watts Jr., and Emma Gilmer Watts.
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 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 Inventory, Appraisements, and Sales Book 4, Virginia, who was enslaved by Edward Watts, was confined in the Roanoke County Jail. The authorities, namely Dr. G. B. Griffin and R. H. Holland, did not deem it appropriate to release her since she “once committed an act of violence” and was described as a lunatic. The five heirs of Edward Watts thus agreed to each pay one fifth of the expenses needed to support and clothe her ($300.00 per annum or $60.00 for each to pay). Further, she was charged with the murder of Martha in Common Law Book E, so it was ordered that she be transferred to a “lunatic asylum” as soon as an opening was found. In Common Law Book F, James Huff, the jailor, requested varying amounts of money for her care, and tried to institutionalize her immediately after she was jailed. However, the application was routinely rejected as the Western Asylum refused to admit people who were not White, and the Eastern Asylum could not admit her because they lacked room. Virginia would later be taken to the Freedmen’s Bureau Asylum in Richmond, VA on August 22, 1866.
In Common Law Book E, an examining court was held in the case of Tom Newman, who was charged with an attempt to rape Sarah C. Petty, a white girl. He was found guilty of the charge by the court after the examination, and it was ordered that he be remanded to jail to await trial. In Common Law Book 2, Tom was set to be imprisoned in the public jail for twelve years. He was eventually moved from the public jail to the court jail.
Stephen was listed in the register as having a "black complexion," a mark in the middle of his forehead, and a cut on his right hand. He was 5 feet 7.5 inches tall. In Common Law Book E, his appearance was described in the same manner.
Smith Perks, whose alias was Hary Perks, was listed in the register as being "dark mulatto" and having scars on his forehead and on the right of his nose. He was 5 feet 8.5 inches tall. Smith's appearance was described in Common Law Book E in the same manner.
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.
Samuel registered three times at 20 years old, 27 years old, and 31 years old. He was listed as having a black complexion, scars on his right knee and right temple, and he was 5 feet 8.5 inches tall. In Common Law Book D, his appearance was described in the same manner at 20 years old. The same occurred for Common Law Book E when he was 26 years old.
Samuel was listed in the register as "bright black" and 5 feet 3.5 inches tall. He had burn marks on each cheek, under his chin, and on his breast, and he had scars over his left eye and on his forehead. He previously registered in Botetourt County. Common Law Book E described his appearance in the same manner.
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.
It was ordered that the Overseer of the Poor bind out Rhoda's daughter, Kitty, until she turned 18 years old. Rhoda relinquished her claim to any payment she might have received. Rhoda also appeared before the court to prove why her son, Edward, should not have been bound out.
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 stabbing, cutting and wounding," Dr. L. Walton, a white man. Nim allegedly 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.
Nathaniel was listed in the register as having a "dark complexion" and a "large scar on his left hand between the thumb and forefinger." He was 5 feet 9 inches tall. In Common Law Book E, he was described in the same manner.
Nancy was listed in the register as having a "dark brown complexion" and being 5 feet 2.5 inches tall. Common Law Book E describes her in the same manner.
Nancy was listed in the register as having a "yellow complexion," a crooked finger on her left hand, and a scar on her left ankle. She was 5 feet 6 inches tall. In Common Law Book E, her appearance was listed in the same manner. She previously registered in Appomattox County in November 1854.
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 and the Free Black Register: “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."