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.
Elizabeth was listed in the register as being 5 feet 3.5 inches tall with a "dark brown complexion" and scars under her chin and on the joint of her left forefinger. She registered three times, and her age was recorded twice in 1849 and 1856 at 19 and 26 years old. In Common Law Book D, her appearance was described in the same manner at 19 years old. Common Law Book E contains these same descriptors at 26 and 33 years old. At 33 years old, she was said to have small pox scars on her face.
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.
In the partition of Elijah M. McClanahan's enslaved individuals, Billy Brown, Reuben, Little Billy, Anthony, Granville, Dick, Henry, Mariah and child Daniel, Marion, Evaline and child, Peggy, and Elijah. Each of these individuals was divided into seven "lots" to be divided equally between Betsy Cox, Mary Montague, Lucy Johnston, Aggy Ingles, Catherine Jones, Fanny Miller, and Jane Lewis that are valued at $1,092.85 each.
Elijah registered three times: at 21 years old, 34 years old, and 35 years old. He was listed as being "bright mulatto," 5 feet 7 inches tall, and having a small scar on his left cheek and a dark spot on his right shoulder. In Common Law Book D, Elijah's appearance was described in the same manner at 21 years old. The same occurred in Common Law Book E when he was 31 years old.
Husband of Elizabeth Breckinridge Watts. Father of William Watts, Ann W. Holcombe, Letitia W. Rives, Alice Watts Morris, Henrietta Carter Watts, James Breckinridge Watts, Mary Scott Watts, Edward Watts Jr., and Emma Gilmer Watts.
Caty registered three times, and her age was recorded twice in 1843 and 1857: at 38 years old and at 52 years old. She was listed as being "mulatto" and 5 feet 2 inches with a "thick set." In Common Law Book B, Caty proved via witness that she freeborn at 38 years old, and her appearance was described in the same manner.
Booker was listed in the register as having a "black complexion" and a scar on his left cheek. He was also 5 feet 8.75 inches tall. He registered twice at 21 and 28 years old. In Common Law Book E, his appearance was described in the same manner.
Betsy Ann was listed in the register as having a "dark brown complexion," burn marks on her left arm and left cheek, and a scar on the back of her right hand. She was 5 feet 3.5 inches tall. In Common Law Book E, her appearance was described in the same manner.
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.
Anthony was listed in the register as "bright mulatto" and 5 feet 7.75 inches tall. He had a scar on his left wrist, left thumb, and left forefinger, as well as "bushy hair." He previously registered in Rockingham County on October 31, 1853. Common Law Book E contains these same notes, and it also stated the following: "Freeborn in Campbell County, Virginia, but added five years to this, as it was from his prior register.
Ann was listed in the register as having a "yellow complexion" and two burn marks on her right arm. She was 5 feet 4.5 inches tall. In Common Law Book E, her appearance was described in the same manner.
Alexander registered two times. He was listed as being 5 feet 10 inches tall, having a yellow complexion, and as having a stiff knee. In Common Law Book B, at 47 years old, his appearance was described in the same manner, and he "was known by the court to be freeborn." In Common Law Book E, Alex was exempted from County and Parish Levy on account of age and infirmity.
Aggy was listed in the register as being "bright mulatto," 5 feet 4.25 inches tall, and as having a scar over her left eye. In Common Law Book B, her appearance was described in the same manner. In Common Law Book E, she renewed her registration at 50 years old.