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 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.
In Common Law Book E, it is stated that Julius was helped by George Kern to escape his enslaver. He was listed alongside Wilson and Joe, who were also helped by Kern to escape their enslavers.
In Common Law Book E, it is recorded that in a motion by John Barnett, an exemption was filed from the County Levy for William, an enslaved man, on count of "bodily infirmities."
In Common Law Book E, it is stated that Joe was helped by George Kern to escape his enslaver. He was listed alongside Wilson and Julius, who were also helped by Kern to escape their enslavers.
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 stated that J. H. Earnest left two enslaved people to M. J. Barnett. In the same entry, M. J. Barnett left one enslaved person to J. H. Earnest.
George Kern was accused of helping Joe, Wilson, and Julius escape their enslavers. He was accused of a felony, committed to jail, and he was refused application for bail.
George C. Burns was charged with attempting to carry off an enslaved person belonging to Samuel Lewis. Probable cause was found against him, and he was set to go to trial at the next term.
F. Johnston is listed as the administrator for Fleming James in the IAS Book 4. In the appraisement of Fleming James' property, two entries are listed mentioned enslaved people. One of these entries states, "To recd. of Mrs. A. James, balance of many in her hands at the time of F. James death, after deducting burial expenses + clothing for servants" with a value of $166.45. Another entry states, "Deduct this sum for Mrs. C. P. Jones, Richmond for interest of her children in land + negroes per decree of court" with a final value of $3,585.76. The original amount listed was $3,923.09 but was subtracted from to get the final amount listed.