Common Law Orders - E - June 1856 - November 1864 - pgs. 354-749
Document Name
Common Law Orders - E - June 1856 - November 1864 - pgs. 354-749
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 E, it is stated that Wilson was helped by George Kern to escape his enslaver. He was listed alongside Joe and Julius, who were also helped by Kern to escape their enslavers.
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.
Sarah Ann Scott, whose alias was Sarah Ann Cooper, was listed in the register as 5 feet 10.5 inches tall and "bright mulatto," with two black moles on her right jaw and the left side of her nose. She previously registered at Lynchburg Hustings Court. This same information was recorded in Common Law Book E. Further, she derived her freedom from her female ancestors who were free prior to May 1, 1806.
In Common Law Book E, it is stated that Sarah was annually supported by B. T. Tinsley. In a separate entry, it is stated that Tinsley was to be released from the supply and maintenance of Sarah. After this, she was forced to go back to the county poorhouse.
Samuel Richardson was listed at 47 years old as being "dark mulatto" and 5 feet 7.5 inches tall, with a scar on his forehead above his right eye. He previously registered at Lynchburg Hustings Court on December 3, 1828. In Common Law Book E, at 61 years old, his appearance was described in the same manner. In Common Law Book 2, there was an indictment against Samuel for "public show."
Sam was listed in the register as being 5 feet 9 inches tall and "bright mulatto." He had scars on the left side of his left eye and on his right middle finger. In Common Law Book E, Sam's appearance was described in the same manner.
Robert was listed in the register as 5 feet 10 inches tall and "dark mulatto." He had a scar on the right side of forehead. In Common Law Book E, his appearance was described in the same manner.
Richmond was listed in the register as 5 feet 4.5 inches tall with a "black complexion." In Common Law Book E, his appearance was described in the same manner. Richmond was also listed in the Requisition Records alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
Peter Wilson, whose alias was Peter Winston, registered three times in Roanoke County, and his age was recorded twice in 1849 and 1859 at 39 and 49 years old. He previously registered in Botetourt County on July 8, 1839. He was listed as having a black complexion and being 5 feet 6 inches tall. The record states that the front teeth in his upper jaw were out. He appeared in Common Law Book E at 41 years old.
Ned was listed in the register as having a "mulatto" and "dark brown" complexion with a slight scar on his left hand. In Common Law Book E, his appearance was described in the same manner.
Moses Shoveley, whose alias was Moses Ross, was listed in the register as having a "black complexion" and being 5 feet 11 inches tall. In Common Law Book E, he was described in the same manner.
Matilda Mays, whose was formerly Matilda Williams, was born of parents who were free before May 1, 1806. She was listed in the register as 5 feet 1 inches tall and "bright mulatto." She was cross-eyed in her left eye and had burns on her right wrist and left arm. She was described in the same manner in Common Law Book E.
Mary Shoveley, whose alias was Mary Ross, was listed in the register as having a "black complexion" and being 5 feet 10.25 inches tall. In Common Law Book E, she was described in the same manner.
Martha was listed in the register as having a "black complexion" and being 5 feet 2 inches tall. She registered twice at 21 and 26 years old. In Common Law Book D, at age 21 years old, her appearance was described in the same manner. In Common Law Book E, it was recorded that she lost her free papers and had them renewed at 20 years old.
Maria Susan Nelson, whose alias was Mary Susan Mayhew, was listed in the register as 5 feet tall and "bright mulatto," with a small scar under her lower lip. These same descriptors were listed in Common Law Book E.
Lydia was listed in the register as 5 feet 9 inches tall and "bright mulatto" with a scar on her forehead over the left eye. In Common Law Book E, her appearance was described in the same manner.