Chronicles of the Scotch-Irish Settlement in Virginia Volume I AUGUSTA COUNTY COURT RECORDS. ORDER BOOK No. X. OCTOBER 14, 1765. (1) Examination of Judith Ryley for murder of her bastard child. Convicted and sent to General Court. OCTOBER 15, 1765. (2) Commission for examination of Rachel, wife of George Poage. (2) Charles Campbell and Charles Campbell appraisers. (2) Jane, wife of Moses McCown, decd., qualifies administratrix. (4) Thos. Woddell and 545 acres added to tithables. John Buchanan and two others and 513 acres added to tithables. Alexander and John Walker and 359 acres added to tithables. (5) John Eaken and 522 acres added to tithables. (6) Thomas Lorimer qualifies administrator of his deceased brother, John Lorimer. James Sayers refused to qualify executor of Samuel Wallace. (7) Mary, wife of Robert Buchanan, private examination commission. OCTOBER 16, 1765. (8) Catherine, wife of Jeremiah Harrison, priv. examination commission. (8) Jacob Harper, Alexr. Painter, John Seller, Augustine Price, Jacob Parsenger, Henry Lung and Michael Neese--Naturalized. { The order says they qualified justices! (8) Mary, wife of John Maxwell, private examination commission. (8) Mary, wife of Nathaniel Evans, private examination commission. (9) John McKnight, orphan, to be bound to James Campbell. (9) Margaret, wife of Alexr. Hamilton, priv. examination commission. (10) Action by David Sayers against Robert Sayers, an infant, son and devisee of Robert Sayers, deceased. (10) ---- ----, the wife of Peter Cockran, priv. exn. commission. (12) Handley vs. Thomas Kelley } Walter Cunningham, garnishee, states that if defendant's pay as a soldier comes into his hands he will have £8. (12) 220 acres of Hugh Lusk added to tithables. (14) Bowman vs. John Benson and Margaret } Dedimus to take deposition of Isaac Johnston a witness, about to remove to Carolina. Page 124 Page (15) George Skillern appointed guardian to John Wall, infant orphan of ---- Wall, deceased. (15) Francis Gardner's motion to be appointed guardian of the orphans of Thomas Gardner rejected. OCTOBER 17, 1765. (16) William McCamey and one other and 190 acres added to tithables. Thomas Kilpatrick and one other and 300 acres added to tithables. John Maxwell and one other and 200 acres added to tithables. James Campbell added to tithables. Wm. McElhenny and 400 acres added to tithables. Henry Bowen and 323 acres added to tithilbles. Audley Paul and one other and 350 acres added to tithables. Benj. Watson and 170 acres added to tithables. (17) Robert Lowrey and 208 acres added to tithables. (18) Bondy Estill--juror. (18) Cowdon vs. Robert Lynn.--Same order as page 12 above. (19) John Allford added to tithables. (21) John McClenachan and one other added to tithables. (21) Mary. wife of Saml. McDowell, privy exn. commission. (23) Thomas Barker convicted of larceny--39 lashes. (24) Andrew Hays vs. John Moore } Dedimus to take deposition of Jane Hays, about to remove to Carolina. (24) Margaret Looney, orphan of Daniel Looney--David Looney appd. guardian. (29) Samuel Peggs--juror. (32) Joel and John Crenshaw of Hanover--witnesses. (32) David Crenshaw of King William--witness. OCTOBER 19, 1765. (34) John Cramey--juror. (34) James Hill added to tithables. Wm. Bowyer and one other added to tithables. Andrew Johnston added to tithables. (37) Wilson vs. John Hutchison, Jr.--John Hutchison, Sr., witness. (40) John Greenlee appointed surveyor of highway from John Mathews, Jr., deceased, to Sinclair's Gap. Thomas McFarron appointed surveyor Catawlo to Pedlar's Ford. (44) Mary Clark vs. John Stewart and Thomas Fulton } Abates by marriage of plaintiff. (45) George Poage appointed surveyor of highway from the Pedlar Ford, on James River, eight miles up. William Gallespy appointed surveyor from eight miles above Pedlar Ford to Capt. Dickinson's. John Potts appointed surveyor from mouth of Pott's Creek. (46) The King vs. John Bowyer } On an indictment for beating and abusing Israel Christian, a magistrate in the execution of his office. The defendant waives his former plea because he will not contend with our Lord the King.--Convicted and fined. Page 125 Page (47) John Henderson added to tithables. OCTOBER 21, 1765. (55) Moses Hurt returned no inhabitant. Moses Evans returned no inhabitant. Henry Hendrix returned no inhabitant. (58) John Hays returned not found in bailiwick. (69) Richard Doghead returned lives in Bedford bailiwick. (72) William Wilson returned no inhabitant. (77) Mathew Emacks returned lives in Bedford. (78) Nicholas Seaborn, Jr. vs. John Ray } Abates by death of defendant. (88) George Anderson returned not found in bailiwick. (89) William and Thomas Crow and three others added to tithables. (90) £60, 9, 4, Penna. money = Same in Va. money. (94) Many suits versus Saml. Cowdon.--Did he fail? (101) John Blagg, gent., imprisoned for debt. (102) John Blagg--juror. OCTOBER 22, 1765. (104) Elizabeth Gray, servant of Rob. McClenachan. (111) Levy Smith--Sheriff returned could not find. (112) Wm. McNaught, returned not in this County. (112) Woods vs. Andrew Cowan, Jr. } "The Sheriff having returned that the second time it came to my hand, I tell as before, he is out of the County." (113) Martha Hassell, servant of Andrew Greer. (132) Findley vs. Moses Hamilton.--Abates by death of defendant. (133) John Nash, returned not found in bailiwick. (134) Findley vs. Jacob Dodson.--Sheriff returned he did not know the defendant. (134) Same vs. Ann Kelly --Same return. (135) James Findley, admr. of Robert Findley, vs. Shannon, admr. of Young. } John Stewart makes affidavit that the acct. is a true copy from plaintiff's books. (And the same in many suits.) (135) Same vs. ---- Carson.--Returned no inhabitant. (136) Same vs. Sarah Robinson.--Could not find defendant. (136) George Pearis, returned no inhabitant. (142) John Harmon to be bound to John Armstrong. (143) County levy. To Robert Campbell, for a screed for the use of the County, £3, 10, 0. (145) John Blagg, witness from Westmoreland County, 150 miles. (147) Road ordered changed around the hill at Fort Lewis Page 126 JANUARY 28, 1766. Page (148) Daniel McAnare misbehaved by appearing in Court drunk and giving Gabriel Jones, gent., Dcputy Attorney for the King, the lie, and likewise insulting the Court. MAY 8, 1766. (149) Called Court on John Thompson and Margaret, his wife, for larceny.--Convicted and sent to Grand Jury. MAY 20, 1766. (151) Margaret Clark qualified admx. of husband. Wm. Clark. (152) Charles Campbell (Borden's land) appointed Constable. (153) Stephen Arnold imprisoned for debt. (154) James Cloyd appointed surveyor from lower end of John Bowyer's plantation of James River by Cedar Bridge to Mathew's Road, to work these tithables: Of Christopher Vineyard, John and Wm. Hall, John Logan, James Skidmore, Geo. Wilson, John Berry, John Jones, James McClure, Mathew Hair, John Bowyer, George Skillern and Conrad Wall. (158) Erwin vs. John Henderson.--Abates by death of defendant. (161) Margaret Thompson (see page 149 above), discharged. MAY 21, 1766. (162) Four wooden noggins attached, also one iron candlestick, one Dutch blanket, one hand towel. (169) Wm. Winston, Jr., Israel Christian, gent., admr. of Alexr. Sayers and Walter Buchanan.--Abates by death of defendant (Buchanan?). (171) Andrew Erwin vs. John Burnsides.--Abates by death of plaintiff. (177) Attached--2 iron crooks, 6 spoons, 3 candlesticks, 2 funnels, 1washing tub, 1 cooler, 1 tin saucepan, 1 tea kettle. (184) Samuel Caldwell returned no inhabitant. (188) Christian, admr. Sayers, vs. Joseph Donaldson.--Abates by death of defendant. (190) James Wiley and Martha, to Alexr. Noble, partially proved and certified. (191) George Mathews qualified Captain of Militia. (191) Michael Valentine and Henry Trout, orphan of Nicholas Trout, to be bound out. (192) William Martin qualified admr. of father, Hugh Martin. Dawson Wade, appraiser. (194) Virginia ale, bottled, to be sold at 6 pence per quart. AUGUST 19, 1766. (194) Patrick Henry, Jr., qualified Attorney. (194) Mary Owler qualified admx. of husband. Wm. Owler. John Felts, Michael Cogar, Woolrick Horshman, and Jacob Shell, appraisers of Owler estate. Page 127 Page (196) Thomas Hicklin, Sr., exempted from levy by reason of great age and infirmity. (197) Stephen Trigg and Wm. Simpson, greatest creditors, qualified administrators of Henry Fields. William and Edward Cowen, appraisers. (200) David Harmon summoned for not bringing up his children in a Christianlike manner. (200) Thomas Wright, servant of John Hanna. AUGUST 20, 1766. (204) Robert Kinkead and Anna Helena, his wife. (204) Israel Christian and Andrew Miller qualified administrators of John Miller. (205) David Wilson, son of William Wilson, formerly bound to Andrew Erwin, deceased, to be bound to Francis Erwin, Jr., heir-at-law and executor of said Andrew, he teaching him the trade of a shoemaker. Elizabeth Wilson, daughter of Wm. Wilson, to be bound to Francis Erwin, Jr. (206) Saml. McClure, security for Mary McClure, admx. of husband, Nathaniel McClure, asks counter security. (206) Rosanna Marlen complains that Maurice O'Friel and Robert Wallace detain her children, viz: James, Sarah and Margaret Ralston. (207) Michael Riney exempted from levy--age and infirmity. Henry Hicks, same. (209) Audley Paul vs. Saml. Stalnaker } Judgment on a judgment obtained in Hampshire County. (213) Betty Smith, Nicholas Smith, Johnny Smith, John Yates and David Yates to be bound out. (213) Samuel Glass and 236 acres added to tithables. (214) Thomas Madison awarded certificate of probity, &c., for applying for license to practice law. AUGUST 21, 1766. (215) Andrew Hall, late of this County, deceased, possessed of a small estate, and Sheriff ordered to sell it. (215) Edward Faires vs. James Bryans. } A second James Bryans appeared and claimed the property, and it is adjudged his and not defendant's. (216) Christopher Best and Hugh Galbreath, witnesses. (216) A paper endorsed by Alexr. Boyd, deceased, as a true copy of his will, and is adjudged by the Court not to be the original, and Andrew Boyd qualifies administrator. (217) George Birdwell--juror. (221) Andrew Kline committed to debtor's prison. Many suits against him. Was it customary for prisoners for debt to act as jurors? See supra. (224) John Graham committed to the stocks for one-half hour for contempt and bound to peace towards James Lockhart. (224) Joseph McBride, aged 19, orphan of Thomas McBride, chose Wm. McBride his guardian. Page 128 Page (226) Ordered that Gabriel Jones prosecute John Graham on the recognizance this day entered into. AUGUST 22, 1766. (227) Above order (page 226) vacated. (227) Michael Harper vs. Robt. Duffield.--Abates by death of plaintiff. (228) Commission for deposition of Lovice Looney. (230) Joseph Donaldson, deceased, possessed of very small estate. Sheriff ordered to sell. (231) David Graham was arrested for contempt, but made his escape before judgment. Now rearrested and bound over. (232) Jacob Campbell, one other and 317 acres, added to tithables. (233) Davis Harrison appointed road surveyor. (Adjourned until tomorrow, but no heading follows, but records continue.) (234) Adam Dunlap, Ezekiel Evans--jurors. (237) David Cloyd vs. James Montgomery } Agreed case. Indians rifled plaintiff's house. Militia recovered property and divided it, &c. (239) Viewers for a road from Edward Erwin's to the Market Road that leads to Swift Run. (240) Michael Bornet, a mulatto, to be bound. AUGUST 25, 1766. (242) John Skelton vs. John Miller.--Abates by death of defendant. (245) John Forish impnsoned for debt. (249) Uriah Akers, returned could not find. (249) Alexr. Boyd's death abates suit. (275) James Campbell (Calf Pasture). (284) James Walker vs. David Via.--Abates by death of defendant. (290) Road to be viewed from North Branch of James, round the Poplar Hills to Buffalo Creek. (291) Francis Gardner and Thomas Bradshaw, securities for Rebecca Gardner, admx. of husband, Thomas Gardner, since intermarried with Robert Brown, demand counter security. (298) Nathaniel Dunlap, returned no inhabitant. John Leahe, returned "could not find." (302) George Buff, returned no inhabitant. AUGUST 26, 1766. (309) Thomas Smith, a witness from Amherst. (311) John Love, orphan of Joseph Love, decd., to be bound to Joseph Love, Fuller. (316) Joseph Goodbon, witness from Amherst, 27 miles. Page 129 Page (328) Phebe Moore, wife of Thomas Moore, late wife of Daniel Davidson, assigned dower. (328) Motion of Jacob Conrad and Hannah--John Westfall, admr. of Abraham Westfall, who was admr. of John Bogard. summoned. (329) Called Court on James Johnston far larceny.--Sent to Genl. Court. (330) Same on John Brown and Anthony Fewell for same. Being convict servants, they receive 39 lashes. SEPTEMBER 16, 1766. (331) John Fowler's still house, about a mile from Edward Shanklin's--David Nelson's--Jacob Nicholas's--road located. (332) Andrew Kline--adjudged bankrupt. NOVEMBER 3, 1766. (332) Called Court on George Watt and Edward Peyton--horse stealing.--Sent to General Court. NOVEMBER 18, 1766. (334) Thomas Madison qualified to practice law and admitted. John Madison, Jr., qualified Deputy Clerk. (336) Robert Brown appointed guardian to Francis and Samuel Gardner, orphans of Thomas Gardner. (336) George Kepels, servant of James McDowel. (337) These added to tithables--viz: Wm. Jordan, James Jordan, Anthony Johnston. (338) John Boyd and 115 acres added to tithables. Thomas Boyd and 248 acres added to tithables. David Williams and 348 acres added to tithables. (338) Wm. Robinson built by contract a causeway at Vanse's and died.--Money ordered paid to Margaret, his widow. NOVEMBER 19, 1766. (339) Road to be viewed from Wm. Elliott's to McCutcheon's Mill, thence thro' Buffalo Gap. (340) Joseph Carpenter, Sr., and Wm. Whooley appointed road surveyors from Fort Defiance to Handley's Mill, with these workers and their tithables: Peter Wright, Solomon, Thomas, Nathaniel Carpenter, John Umphries, Thos. Carpenter, Zopher Carpenter, Ezekiel Johnston, Edward and John McMullin, James Williams, Joseph Leeper, John Fieler, William Christian and Peter Whooley, Wm. McMurry, Thos. Wright, Rob. Galesby, Pat. Corrigan and Joseph Carpenter, Jr. (340) Wm. Herbert, gent., qualified administrator of Robert Andrew. George Forbes, appraiser. (341) Hannah Hoffman, a witness about to remove out of Colony. (342) Hook vs. John Ritchie.--Defendant delivered up to Sheriff. Page 130 Page (342) Martha Ryan summoned for not bringing up her children in a Christianlike manner. (342) Abraham Goodpasture, orphan of Jacob Goodpasture, to be bound to Danl. Pierce, to be taught to be a carpenter. (343) Danl. Pierce qualified administrator of Jacob Goodpasture. (344) Wm, McCutcheon appointed guardian of John Duncan, orphan of James Duncan. (345) David Moore, orphan of David Moore, aged 14 years, chose Henry Gay guardian. NOVEMBER 20, 1766. (348) One wig, two fiddles, one pottle noggin--attached. (349) John Murray, Deputy Sheriff, returned list of prisoners in jail, to wit: Edward Peyton, George Wall and James Shaw. Edward Shaw, son of James Shaw, to be bound to James Hill. (350) Deposition of John Smith, aged 65, and lives 60 miles from Court House. (351) William Wood, a witness from Bedford. (351) Wm. Chambers exempted from County levy. (352) Saml. Hull, exempted from County levy. (353) John Thompson, convicted of larceny--25 lathes. (354) James Robinson, Saml. Robinson and Martha McCormick, late Martha Robinson, executors of George Robinson. NOVEMBER 21, 1766. (356) David Cloyd vs. James Montgomery.--Judgment upon case agreed for plaintiff. (357) James Findley committed to jail for debt. (358) Saml. Briggs, witness. Wm. Joy, witness. John Sleet, witness from Orange County, 78 miles. (359) Richard Taylor, witness from Orange County, 70 miles. NOVEMBER 22, 1766. (364) Alexr. Moore vs. Wm. Fleming.--Abates by death of plaintiff. (365) Thomas Rhoades--juror. NOVEMBER 24, 1766. (373) George Woolridge, returned not found in bailiwick. (374) John Findley, son to William. (382) Mathew Peartree, not an inhabitant. Wm. Vowter, not found in bailiwick. (384) James Kenady, not found in bailiwick. (417) Sheriff ordered to repair the pillory and underpin the stocks two feet from the ground and place a gate at each side of the bar. (417) Ann O'Brien, servant of James Crow, agrees to serve him two years in consideration of his agreeing to her marrying Tiadey Flinn. Page 131 Page (424) Thomas Smith, witness from Amherst. Thomas Landrum, witness from Orange. NOVEMBER 25, 1766. (429) James Clark, returned not an inhabitant. (455) John Baskins, no inhabitant of this Colony. (456) North River, commonly known as Swift Run. (457) Alexander Kile. not an inhabitant of this Colony. (460) Two delph plates attached, also 5 delph bowls, also half dozen knives and forks, 1 pair brass candlesticks. (462) Judith Neal, servant of Wm. Walterson. MARCH 17, 1767. (463) Wm. McCutcheon (merchant) appointed road surveyor. (464) Jane Davis and Saml. Davis qualify administrators of James Davis. James David qualifies administrator of John Cryton. (465) Saml. Peffer, greatest creditor, qualifies administrator of James Carty. (466) Commission for priv. exandnation of Margaret, wife of Robert Miller. Commission for priv. examination of Jane, wife of Robert Gwinn, Jr. Commission for priv. examination of Mary, wife of Malcom Allen. (467) Margaret and Wm. Farris, orphans of James Farris, to be bound out. MARCH 18, 1767. (472) Robert Sayers, aged 15, orphan of Alexr. Sayers, chose Robert Breckinridge his guardian. (472) Many certificates for hemp recorded and certified. (474) John Jones, servant of Andrew Bird. (475) Robert Doby, exempted from levy. (475) Joseph Ray delivered up his security into custody of Sheriff. (476) Andrew Hays, Jr., qualified Captain of Militia. (477) On petition of Frederick Stern, Isaac Job, Thomas Grayson, John Bell, Henry Skaggs, Joseph Hix, John Draper, George Baker, Joseph Hord, Levy Smith, Erasmus Noble, Saml. Peffer, James Coudon, Edmund Vansell, Humphrey Baker, Anthony Bledsoe, James Newell and Alexr. Page, viewers appointed for a road from Vanse's, by Ingles's Ferry, to Peak Creek, on north side New River, viz: James Neeley, Philip Love, Wm. Christian, Wm. Bryans. (477) Abraham Goodpath to be bound to John Sutton. Children of George Watts to be bound. (478) James Cloyd qualified Captain of Militia. James Lapsley qualified Ensign. MARCH 19, 1767. (481) Joseph Blain exempted from levy--great age and infirmity. (482) Samuel Woods, Thomas Goodson, John Richards, Wm. Ward, Hugh Crockett, Jacob Kent, Robert Crockett, Philip Love and Joseph Page 132 Crockett petition for a road from Vanse's to Saml. Woods's.--Viewers appointed. (484) Alexr. and John Dale--jurors. (485) Road by William McBride's shop. MARCH 20, 1767. (493) Margaret Leeper, widow of James Leeper--dower assigned. MARCH 21, 1767. (495) The King vs. Joseph Bell } Indictment for forging the banns of matrimony between Ann Wallace and Edward Sampson, a little deformed tailor. (496) Wm. Grayson--witness from Albemarie. (498) Francis Dunn, orphan, heretofore bound to Robert Young, now to be bound to John Miller, to be taught trade of wheelwright. (500) Abraham Smith qualified Lieutenant Colonel of County. MARCH 23, 1767. (503) David Stewart's death abates suit. (514) John Long, returned not found in bailiwick. (516) James Kenady, returned moved out of the County. Wm. Means, returned not found in bailiwick. (527) Samuel Gist vs. Thomas Reed and George Brackenridge.--Alexr. Breckenridge, security. (530) David Bryan's death abates suit. Page 133 ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************