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.
Malinda was listed in the register as having a "light brown complexion" and "a white pimple on the right side of her neck." She was also 4 feet 11.75 inches tall. Malinda registered twice at ages 25 years old and 32 years old. In Common Law Book D, her appearance was listed in the same manner at 25 years old.
Mahala was 5 feet 2.75 inches tall with a "dark brown complexion" and a scar on her forehead. She registered twice at ages 22 years old and 29 years old. Mahala was recorded in Common Law Book D at 22 years old, and her appearance was described in the same manner.
Lucy was listed in the register as 5 feet 3 inches tall and "bright mulatto." She had a scar over her left eye and near the left side of her nose. In Common Law Book E, her appearance was described in the same manner.
Lucinda was listed in the register as 5 feet 7.5 inches and "bright mulatto." She had a burn mark on the back of her neck. In Common Law Book E, her appearance was described in the same manner.
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.
John was listed in the register as having a "black complexion" and scars under his right eye and on his left wrist. He was 5 feet 8.5 inches tall. Common Law Book E describes him in the same manner.
John was listed in the register as having a "yellow complexion" and scars on his forefingers and forehead. He was 5 feet 11.5 inches tall. In Common Law Book E, his appearance was described in the same manner. Additionally, John was listed in the Requisition Records alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
John was listed in the register as having a "black complexion" and a scar on his breast. He was 5 feet 6 inches tall. In Common Law Book E, 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.
June was listed in the register as "bright mulatto" and 5 feet 7 inches tall. The little fingers of each of her hands were crooked and crippled. In Common Law Book E, her appearance was described in the same manner.
James was listed alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge. In Common Law Book E, the Overseer of the Poor was authorized to bind him out.
James Henry Allen was listed in Common Law Book E as having a "dark brown color, short curly hair, 5 feet 8 inches height, a scar on the corner of his right eye, and a mark on left side of the face below the eye." His age was recorded twice at 39 and 44 years old. He was registered in Botetourt and Roanoke Counties, and he was emancipated by the will of David Templeton of Rockbridge County.
James was listed in the register as having a "yellow complexion" and being 5 feet 5.25 inches tall. He previously registered in the "Corporation of Danville" on July 14, 1853. In Common Law Book E, James filed a petition to be registered with these same descriptors.
James was listed in the register as being 5 feet 8 inches tall, having a brown complexion, and having a scar on his forehead above his right eye. In Common Law Books B and E, his appearance was described in the same manner, and he was "proven by the oath of William M. Durned to be freeborn." He appeared in Common Law Book E at 40 years old.
Jacob was listed in the register as having a "dark complexion" and scars on his left eye and right wrist. He was 5 feet 8.75 inches tall. In Common Law Book E, his appearance was described in the same manner.
Hercules was listed in the register as having a "dark brown complexion," two scars on his right wrist, and a scar on his left hand near his wrist. In Common Law Book D, his appearance was described in the same manner. In Common Law Book E, his registration was renewed.
Henry was listed in the register as having a "black complexion" and being 5 feet 6 inches tall. His appearance was described in the same manner in Common Law Book E. He was listed in the Requisition Records as one of many free black men who were requisitioned for labor by Major General Breckinridge.
Hannah was listed in the Free Black Register as having a "dark complexion" and being 5 feet 5 inches tall. She registered as a free woman twice at 41 and 48 years old. Hannah was listed in Common Law Book E at 41 years old.
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.