Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court February 1770
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Joy Fisher sdgenweb@yahoo.com March 26, 2007, 4:33 pm

Source: Annals Of Sw Virginia
Written: February 1770

MlNUTES OF THE COUNTY COURT

Botetourt County, To wit:

    Be it remembered that at the house of Mr. Robert Brackenridge, in the said
County of Botetourt, on Tuesday the thirteenth day of February, in the tenth
year of the Reign of our Sovereign Lord George the Third, by the Grace of God,
of Great Britain, France and Ireland, King Defender of the Faith & so forth and
in the year of our Lord Christ one thousand seven hundred & seventy. His
Majesty's Commission of the Peace bearing date at Williamsburg, under the seal
of the Colony & Dominion of Virginia, the twenty second day of December last
past directed to Andrew Lewis, Richard Woods, Robert Brackenridge, William
Preston, John Bowyer, Israel Christian, John Maxwell, James Trimble, Benjamin
Hawkins, David Robinson, William Fleming, George Skillern and Benjamin Estell,
Gentlemen, thereby constituting and assigning them and every of them jointly and
severally his Justices to keep his Peace in the County of Botetourt, thereby
requiring them and every of them to keep or cause to be kept all ordinances &
statutes of the Kingdom of Great Britain and Laws of the Colony & Dominion
aforesaid made for the Good of the Peace and for the conservation of the same &
for the quiet Rule & Government of his People in all & every the articles
thereof in the said County according to the Force, Form & Effect of the same and
to chastise & punish all persons offending against the Forms of the Ordinances
and Statutes of the Kingdom of Great Britain and Laws of the said Colony and
Dominion or any of them in the County aforesaid, and to cause to come before
them or any of them all those Persons who shall threaten any of his liege
People, either in their Bodies or burning their Houses to find sufficient
security for the Peace or for their good Behaviour towards him or his People,
and if they should refuse to find such security, (hen to cause them to be kept
safe in Prison until they find such security. Also thereby assigning thorn or
any four or more of them whereof any one of them, the said Andrew Lewis, Richard
Woods, Robert Brackenridge, William Preston, John Bowyer, Israel Christian, or
John Maxwell, should be one to meet at the usual place for holding Courts for
the County aforesaid according to law to hear and determine all suits,
controversies and Debates between Party and Party, doing therein what to Justice
should appertain according to the Laws aforesaid with power likewise to them and
every of them to take Depositions & examine upon oath for the better
Manifestation of the Truth in all such Matters & Causes as should come before
them, and to keep or cause to be kept all orders of Court Orders of Council and
Proclamations directed to them or coining to their Hands from his said Majesty
or his Governor and Commander in Chief for the time being, and all his orders of
State of his said Colony, and to punish the offenders and breakers thereof
according to the laws aforesaid, and also to keep or cause the Clerk of the
Court to keep Records of all Judgments, Rules or Orders decided or agreed upon
by them or any four or more of them whereof any one of them the last mentioned
Justices should be one and further commanding them and every of them that they
should diligently intend the keeping of the Peace the Laws aforementioned, and
all and singular other the premises and also thereby commanding the Sherif of
the County aforesaid that at those days & places as the Law does appoint ho
should cause to come before them or any four or more of them whereof any one of
them the sd. last mentioned Justices should be one such or so many good and
lawful Men of his Bailiwick by whom the Truth of the Matter might be the better
known or inquired of was openly read, as was in like manner his Majesty's
Dedimus Potestatem, for administering the oaths & so forth to the said Justices.

    By virtue whereof the said William Preston & James Trimble administered the
usual Oaths to his Majesty's Person and Government to the above named Andrew
Lewis, who took the same and repeated & subscribed the Test and also took the
Oaths of a Justice of the Peace & of a Justice of the County Court in Chancery
which were administered to him by the sd. William Preston and James Trimble, and
then the said Andrew Lewis administered the same Oaths to the said Richard
Woods, Robert Brackenridge, William Preston, Israel Christian & James Trimble,
who severally took the same and repeated & subscribed the Test.


At a Court held for Botetourt County, the aforesaid 13th of Febry., 1770.

    Present: The said Andrew Lewis, Robert Brackenridge, William Preston, Israel
Christian & James Trimble.

    John May produced a commission from under the Hand & Seal of Mr. Secretary
Nelson bearing date at Williamsburg, the twenty second day of December last
past, appointing him Clerk of this Court, and thereupon he took the usual oaths
to his Majesty's person and government and repeated & subscribed the Test and
also took the oaths of Clerk of this Court.

    Richard Woods, Gent., produced a commission from his Excellency the Governor
under the Seal of the Colony bearing date at Williamsburg the first day of this
instant February appointing him Sheriff of Botetourt County during pleasure, and
thereupon he took the usual oaths to his Majesty's person & government, &
repeated and subscribed the Test and also took the Oath of Sherif of the said
County; and then the said Richard, together with James McDowall, James McGavock
& John Bowyer, his securities, entered into & acknowledged two bonds to our
Sovereign Lord the King in the penalties prescribed by law and conditioned as
the law requires and also into one other bond to his Majesty in the penalty of
one thousand pounds for the due & faithful collection of the Publick Levy for
this County.

    James McDowall & James McGavock severally took the usual oaths to his
Majesty's person and government & repeated and subscribed the test & then took
the oath of under Sheriffs for this County.

    John Bowyer, Benjamin Hawkins, William Fleming and George Skillern, Gent.,
four of the Justices appointed by the Commission of the Peace for this County
severally took the usual oaths to his Majesty's person and government & repeated
& subscribed the Test and also each took the Oaths of a Justice of the Peace and
of a Justice of County Court in Chancery.

Present: The said William Fleming.

    Edmund Winston, John Aylett, Luke Bowyer & Thomas Madison, Gent., produced
each of them a license from the Examiners to practise the law in the County and
other inferior Courts in this Colony, and severally took the usual Oaths to his
Majesty's person & government & repeated and subscribed the Test and also took
each of them respectively the Oath of an Attorney.

Absent:  Wm. Preston & Robert Brackenridge, Gent.

    William Preston, Gent., produced a commission from the President and Masters
of William & Mary College under the seal of the College appointing him Surveyor
of this County during pleasure and took the usual oaths to his Majesty's person
& government, & repeated & subscribed the Test, and also took the Oath of
Surveyor. Whereupon the said William Preston, together with Francis Smith &
Robert Brackenridge, his securities, entered into & acknowledged their bond to
his Majesty in the penalty of five hundred pounds, conditioned as the law directs.

   William Preston & Andrew Lewis, Gent., produced eoch of them a commission
from his Excellency the Governor appointing them Coroners for this County, and
thereupon severally took the usual oaths to his Majesty's person & government, &
repeated & subscribed the test, and also took each of them the oath of Coroner.

   William Preston, Gent., produced a commission from his Excellency the
Governor under the seal of the Colony appointing him Escheator for this County &
thereupon took the usual oaths to his Majesty's person & government, repeated &
subscribed the test and also took the oath of Escheator.

    Indentures of lease & release from William Thompson to John Summers were
acknd. by the said William and ord. to be recorded.

   This court doth appoint James Lawrence to be Surveyor of the Road from Pealar
Ford, eight miles up the river on the north side thereof, in the room of George
Poage, who is discharged from that office.

    Ordered that the court be adjourned till tomorrow morning, nine o'clock.
The minutes of these proceedings were signed.
                                            Andr. Lewis


At a court held the 14th day of Febry., 1770.
Present.

    Andrew Lewis, Robert Breckenridge, Israel Christian, James Trimble and
William Fleming, Gentlemen.

   John Maxwell, Gent., one of the persons named in the Commission of the Peace
for this County, took the usual oaths to his Majesty's person & government
repented & subscribed the test and also took the oaths of a Justice of the Peace
and of a Justice of the County Court in Chancery.

    Ordered that it be certified to his Excellency the Governor that Joseph
Cloyd this day produced a certificate from Benjamin Hawkins, one of the Justices
of the Peace of this County of his having duly weighed for him four hundred and
ninety one pounds of winter rotted, dry, bright & clean hemp made on his
plantation in this County and made oath according to law.

   This court doth appoint Frederick Stern to be Constable for that Precinct
upon Holston's River where he lives.

   This court doth appoint Robert Davis to be Constable for that Precinct upon
Holston's River & the upper branches of Reed Creek.

    This court doth appoint the several persons to be Constables of the several
Precincts as followeth: John Sevens for the Precinct he lives in upon Reed
Creek, Abraham Bledsoe for that Precinct he lives in upon Reed Creek, Henry
Francis for the Precinct upon Cripple Creek, Jeremiah Pierce for the Precinct
upon New River, James Carr for that Precinct on Mack's Run, a branch of New
River, Henry Patton for that Precinct where he lives, Joseph Apperson for that
Precinct on Little River, Abraham Crisman for that Precinct on Crab & Toms
Creek, Samuel Wilson for the Precinct on the North Fork of Roanoke, James
Barnett for the Precinct on the South Fork of Roanoke, William Carlson for
Masons Creek Precinct, Archibald Campbell for the Lick Precinct, Michael Murphy
for the Stone House Precinct, John McRoberts for that Precinct where he lives on
Catawba Creek, Archibald Fisher for the other Precinct on Catawba, John Galloway
for the James River Precinct, Thomas Wright for the Precinct about the Bent of
Jacksons River, Andrew Hamilton for the other Precinct on Jacksons River, John
Leatherdale for that Precinct on Looney's Creek, William Hall for Cedar Creek
Precinct, James Bailey for Buffalo Creek Precinct, John Potts Junr. for Craigs
Creek Precinct, Joseph Davis for that Precinct, which lies on the waters of
Buffalo, & John Young in the room of John Summers, who is discharged from that
office.

    This court doth appoint the several persons to be Surveyors of the Roads as
followeth, towit: Arthur Campbell from Stalnackers to the Royal Oak, James Davis
from the Royal Oak to his house, Gaylor Kinder from Davis's to the South Fork of
Reed Creek, James Hollins from Reed Creek to Willy's place on the same, Robert
Montgomery from Willy's place to the Ford on Reed Creek, David Sayers from the
sd. Ford to Little Pine River, William Sayers from the said River to Peak Creek,
Joseph Montgomery from the said Creek to Sinking Spring, Roger Top from the said
spring to Ingles's Ferry, William Ingles and John Craig from the said Ferry to
the waters of Roanoke, Jacob Kent and Samuel Woods from the head waters of
Roanoke to Fort Lewis, James Barnett from Vane's to Stapleton's, William Bryan
from Fort Lewis to Peters Creek, Thomas Barns from the said Creek to Capt.
Fleming's, John Bowman & John Howard from Barnes' to Bedford line, Joseph
Robinson from Capt. Flemings to Grahams Clearing, John Neeley, Junr. from
Grahams Clearing to James Johnston's, Robert Finley from Johnstons to Halls Run,
Thomas McFarran from the said Run to the Biller Spring, John Crawford from the
said spring to Pedlar Ford, John Potts from the top of Montgomery's Gap to
McMurfey's Mill, Michael Woods from the said Gap to Millers Mill, Thomas Rowland
from the sd. Mill to Stephen Rentfro's, William Herbert from his Ferry to the
Forks of the Road, & from his house to the Pittsylvania line, Jeremiah Pierce
from Herberts Mill to the mouth of Big Reed Island Creek, James Montgomery from
John Robinson's on the North Fork through the Den to the Main Road, William
Robinsons from John Robinsons to the head waters of Catawba, James McAfee,
Junr., and James Glenn from the head waters of Catawba to the first Ford on the
same, Francis Smith from the sd. Ford to Col. Breckenridge's, Michael Price from
his house to William Robinson's, Michael Cloyd from the Fork of the Road by his
plantation to the Branch below James Moore's, Andrew Woods and John Mills from
the said Run to the Ferry, Robert Breckenridge & Israel Christian from Graham's
Clearing to the said Mill, Henry Cartmill to be Surveyor of the Road from the
Waggon Ford to Renock's Place, Audley, Paul & Hough Barcley from the Renock's to
James Gilmore's, James Simpson from the said Gilmore's to Buffalo Creek, John
Paxton from the said Creek to the North River, George Francisco from the Fork of
the Road below Barcley's to Buffalo Creek and James Templeton from the Ford of
Buffalo Creek to the North River.

   And it is ordered that the tithables belonging to the several Precincts do
attend their respective Surveyors accordingly.

   Ordered that Henry Paulin, Andrew Crawford and Samuel McFarran or any two of
them being first sworn before any one of the Justices of the Peace for this
County do view the way from Thomas McFarran's by Patterson's Creek to Henry
Paulin's on Craigs Creek and report the conveniences & inconveniences thereof to
the court.

   Ordered that Bryan Mc Daniel, James Snodgrass & John McRoberts do lay off a
road the nearest and best way from Millers Mill to the first Fork of Catawba and
make report thereof to the court.

   Ordered that John Taylor, William Thompson, Samuel Scott, Joseph Montgomery
do lay off the nearest and best way from Michael Price's plantation by Taylor's
Ford to the head waters of Peak Creek and from thence to Buchanan's Place on
Reed Creek and make report thereof to the court.

   This court doth appoint John McClure & Thomas Reed to be Surveyors of the
Road from Walter Stewart's to Lawrence's, and it is ordered that the tithables
belonging to those Precincts do attend the Surveyors accordingly and that Col.
Smith & George Skillern do proportion them between the said Surveyors.

   This court doth appoint Andrew Crawford to be Constable for that Precinct on
Craigs Creek and James Peary for that Precinct on Rennicks Creek.

   Ordered that the several rates following be observed by the ordinary keepers
in this County, towit: For West India Rum they may demand ten shillings per
gallon, for Rum made on this Continent two shillings & six pence per gallon,
Madeira Wine twelve shillings per gallon, for Claret sixteen shillings per
gallon, for Teneriff Wine ten shillings per gallon, for French Brandy five
shillings per gallon, for Peach Brandy five shillings per gallon, for Apple
Brandy four shillings per gallon, for Virginia Strong Malt Beer, bottled three
months, seven pence half penny for bottle, same not bottled three months one
shilling & three pence per gallon, for Bumbo with two gills of Rum to the quart
made with white sugar one shilling and three pence, for the same made with brown
sugar one shilling, per quart, for whiskey per gallon five shillings, for
whiskey Bumbo made with white sugar seven pence half penny per quart, for
Virginia cider per gallon one shilling and three pence, for Bristol Strong Beer
per bottle one shilling and three pence, for a warm diet with small Beer nine
pence, for cold diet with small Beer six pence, for lodging in clean sheets, one
in a bed, six pence; if two in a bed, three pence three farthings; if more than
two nothing, for corn per gallon six pence, for pasturage twenty four hours six
pence, for stablage with plenty of hay or fodder, one night, seven pence half
penny, for oats by the sheaf three pence for a good large one.

   William Christian, Gent., produced a commission from his Excellency the
Governor appointing him Major of the Militia and took the usual oaths to his
Majesty's person and government and repeated and subscribed the test.

    Ordered that Col. William Preston do procure weights & measures according to
law for the use of the County at the County's expense.

   Ordered that Mr. James Trimble be appointed Commissioner on behalf of this
County to treat with the Court of Augusta County about the dividing line to be
run between the two Counties and that he do endeavor to get the same run as soon
as possible as far as the western waters.

    The court taking into their consideration the situation of a point in order
to fix upon a proper place to recommend to his Excellency the Governor for
establishing the court house are of opinion that the most convenient place for
that purpose is eastward of a spring near Miller's Mill, to which opinion Mr.
John Bowyer directed his dissent to be entered.

   Ordered that the court be adjourned till tomorrow morning, eight o'clock.
The minutes of these proceedings were signed.

                                 And. Lewis


At a court held for Botetourt County, the 15th of Febry., 1770.

    Present: Andrew Lewis, Israel Christian, James Trimble, & John Bowyer, Gent.
William Preston, Gent., produced a commission from his Excellency the Governor
appointing him Colonel of the Militia of this County & thereupon took the usual
oaths to his Majesty's person & government and repeated and subscribed the test.

    Robert Breckenridge, Gent., produced a commission from his Excellency the
Governor appointing him Lieutenant Colonel of the Militia of this County and
thereupon he took the usual oaths to his Majesty's person & government &
repeated and subscribed the test.

   This court doth recommend William Ingles, John Howard, Philip Love, James
Robertson, William Christian, William Herbert, John Montgomery, Stephen Trigg,
Robert Dooge, Walter Crocket, James McGavock, Francis Smith, Andrew Woods,
William Matthews, John Bowman, William McKee & Anthony Bledsoe to his Excellency
the Governor as fit persons to execute the office of Justices of the Peace for
this County.

   The court taking into their further consideration the situation of the County
in order to fix upon a proper place for setting their court house do agree upon
and accordingly recommend to his Excellency the Governor as the fittist place
for that purpose a tract of land of Mr. Israel Christian's, containing eighty
one acres, lying at a spring near the road on the south east side of Miller's
Mill, whereupon the said Israel voluntarily gave up to the said court & offered
to convey to them and their successors for the use of the County forty acres
part *of the above tract reserving to himself thereout two half acre lotts, one
of them to be laid off as he shall direct, the other as the court for the time
being shall think fit. From which opinion the sd. John Bowyer dissented and
directed his dissent to be entered.

Ordered that if the Sheriff shall find it necessary, the Surveyor of this County
do lay off ten acres of land about the house the court now sits in for prison
rules and that if the Sheriff shall find it necessary he do summon a guard to
assist him in keeping his prisoners, at the expense of the County.

   Upon the petition of Robert Breckenridge, a license is granted him to keep an
ordinary at his house in this County for the term of one year from the date
hereof and from thence till the next court held for this County' and thereupon
he, together with William Preston, his security, entered into bond in the
penalty of fifty pounds to his Majesty conditioned as the law requires.

   Upon the petition of Hugh Barclay, a license is granted him to keep an
ordinary at his house in this County for the term of one year from the date
hereof and from thence to the next court held for this County whereupon he
together with William McClenachan his security entered into bond in the penalty
of fifty pounds to his Majesty conditioned as the law directs.

   Upon the petition of Stephen Rentfroe leave is given him to build a mill over
Looney's Mill Creek, it appearing to the court that his land extends so far on
both sides thereof as that the said mill will not prejudice the land of any
other person.

   Ordered that the court be adjourned till the court in course.

   The minutes of these proceedings were signed.
                                    And. Lewis 

   Botetourt, towit:

    Be it remembered that at the court house for the sd. County, on the seventh
day of March in the year of our Lord one thousand seven hundred & seventy a
Commissioner of Oyer and Terminer directed to Andrew Lewis, Richard Woods,
Robert Breckenridge, William Preston, John Bowyer, Israel Christian, John
Maxwell, James Trimble, Benjamin Hawkins, David Robinson, William Fleming,
George Skillern & Benjamin Estell, Gentlemen Justices, for the trial of any
slave or slaves committing capital crimes within the said County of Botetourt
being produced and read as was also a dedimus potestatem directed to the same
Justices empowering them or any two of them to administer the oaths whereupon
the said Robert Breckenridge & Israel Christian administered the usual oaths to
his Majesty's person & government and also the oath of a Justice of Oyer &
Terminer to the sd. William Preston who took the same repeated & subscribed the
test and then he the said William Preston administered the same oaths to the
said Robert Breckenridge, Israel Christian, Benjamin Hawkins & William Fleming
who severally took the same & repeated & subscribed the test.

   The court being thus constituted.


Additional Comments:
Annals of Southwest Virginia
1769-1800

BY LEWIS PRESTON SUMMERS

Member of American Historical Association, Virginia Historical Society; Alumnus
University of Virginia and Tulane University (Louisiana); Member American Bar
Association, Virginia State Bar Association

Author of

HISTORY OF SOUTHWEST VIRGINIA
1740-1786

WASHINGTON COUNTY VIRGINIA
1777-1870

PUBLISHED BY
LEWIS PRESTON SUMMERS
ABINGDON, VIRGINIA
1929

COPYRIGHT, 1929, BY
LEWIS PRESTON SUMMERS

MANUFACTURED COMPLETE BY THE
KINGSPORT PRESS
KINGSPORT, TENNESSEE
United States of America


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