Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court March 1770 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com March 26, 2007, 5:36 pm Source: Annals Of Sw Virginia Written: March 1770 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. Present: The said Robert Breckenridge, William Preston, Israel Christian, Benjamin Hawkins & William Fleming, Gent. The Attorney for our Lord the King who favour said Lord the King in this Part prosecutes comes into court the aforesd. seventh day March before the Justices aforesaid and gives the said Justices to understand and be informed that Will a negro man slave belonging to John Bowman not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the twenty sixth day of February, in the tenth year of the Reign of our said Lord the King at the Parish of Botetourt in the County of Botetourt with force and arms feloniously did make an assault in and upon one Elizabeth Gray wife of Walter Gray of the age of about thirty years, then and there being in the Peace of God, and our said Lord the King and then and there forceably & feloniously did ravish and carnally know the said Elizabeth Gray against the will and without the consent of her the said Elizabeth Gray, against the Peace of our said Lord the King his Crown & Dignity & contrary to the Form of the Statute in that Case made & provided. Whereupon the said Will being led to the Bar in Custody of the Sheriff of the said County & arraignod of the Premises pleads that he is not thereof guilty and for his Trial according to the Form of the Act of Assembly puts himself upon the Judgment of the Court and thereupon sundry witnesses were sworn & examined & the said Will heard in his Defence. On consideration whereof it is the opinion of the Court that he is not guilty as in pleading he hath alleged. And nothing further appearing or being alledged against him, it is considered that he be acquitted of the Felony aforesaid and discharged out of Custody. The minutes of these proceedings were signed. Robt. Breckenridge Be it remembered that at the House of Mr. Robert Breckenridge, on the thirteenth day of March, in the tenth year of the Reign of our Sovereign Lord King George the Third by the Grace of God &c, and in the year of our Lord Christ one thousand seven hundred & seventy a Commission of the Peace from his Excellency the Governor bearing Date at Williamsburg under the Seal of the Colony, the second day of March, in the year aforesaid, 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 Skilern, Benjamin Estell, William Ingles, John Howard, Philip Love, James Robertson, William Christian, William Herbert, John Montgomery, Stephen Trigg, Robert Doag, Walter Crocket, James McGavock, Francis Smith, Andrew Woods, William Matthews, John Bowman, William McKee & Anthony Bledsoe, Gent., thereby constituting and appointing them & every of them his Majesty's Justices of the Peace for the County of Botetourt to keep his Peace within the same and also empowering them or any four or more of them whereof any one of the said 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, William Ingles or John Howard should be one to meet at the usual Place for holding courts in the said County & to hear and determine all suits, controversies & debates whatsoever between Party and Party according to Law, being produced & read, as was also a Dedimus Protestatem for administering the oaths bearing date the same day & directed to the same Persons. Whereupon the said Andrew Lewis took the usual oaths to his Majesty's Person and Government, the oaths of a Justice of the Peace & of a Justice of the County Court in Chancery, which were administered to him by the said John Bowyer and Philip Love, and having also repeated & subscribed the test he the said Andrew Lewis then administered the same oaths to the above named Robert Breckenridge, William Preston, John Bowyer, Israel Christian, James Trimble, David Robinson, Benjamin Estell, William Ingles, John Howard, Philip Love, William Christian, John Montgomery, Stephen Trigg, Robert Doag, Walter Crocket, Francis Smith, John Bowman & Anthony Bledsoe and severally took the same & repeated and subscribed the test. A Commission of Oyer and Terminer directed to the same Justices as are named in the Commission of the Peace for this County bearing date the same day thereby appointing them or any four or more of them whereof any one of the said Justices last named in the Commission of the Peace aforesaid should be one of the Justices for the Trial of any Slave or Slaves committing capital crimes within the said County being produced & read, as was also a Dedimus Potestatem for administering the oaths, the said Andrew Lewis took the usual oaths to his Majesty's Person & Government & also the oath of a Justice of Oyer & Terminer, which was administered to him by the said John Bowyer & Philip Love, and having repeated and subscribed the Test he the said Andrew then administered the same oaths to Robert Breckenridge, William Preston, John Bowyer, Israel Christian, James Trimble, David Robinson, Benjamin Estell, William Ingles, John Howard, Philip Love, William Christian, John Montgomery, Stephen Trigg, Robert Dong, Walter Crocket, Francis Smith, Anthony Bledsoe & John Bowman, Gent., who severally took the same and repeated and subscribed the Test. At a Court held for Botetourt County, the aforesaid 13th of March, 1770. Present. Andrew Lewis, William Preston, Israel Christian, Philip Love, John Montgomery and Anthony Bledsoe, Gent. John Trimble produced a commission from the President and Masters of William and Mary College appointing him Deputy Surveyor of this County and thereupon he having taken the usual oaths to his Majesty's person & government & repeated & subscribed to the test entered into and acknowledged bond with James Trimble & James Gilmore his securities in the sum of five hundred pounds to his Majesty conditioned as the law directs & also took the oath of Deputy Surveyor. James Trimble proved a certificate according to law for one thousand pounds of winter rotted hemp made on his plantation in this County, which is certified to his Excellency the Governor. William McClure proved a certificate according to law for five hundred thirty pounds of winter rotted hemp made on his plantation in this County. John McClure proved certificates accdg. to law for two thousand eight hundred and seven pounds of hemp part winter rotted and part water rotted made on his plantation in this County. Andrew Lewis proved certificates accdg. to law for three thousand and ninety seven pounds of neu & eight hundred eighty six pounds of gross hemp made on his plantation in this County. Patrick Denny proved a certificate accdg. to law for one thousand & seventy eight pounds of hemp made on his plantation in this County. Thomas McAlister proved a certificate accdg. to law for one thousand seven hundred ninety pounds of hemp made on James McAlister's plantation in this County. Charles Kirkpatrick proved a certificate accdg. to law for one thousand nine hundred and ten pounds of winter rotted hemp made in this County. Robert Erwin proved a certif. accdg. to law for two thousand three hundred nineteen pounds made in this County. John Mills proved a certif. accdg. to law for four hundred twenty eight pounds of gross hemp made on the plantation of John Mills in this County. John Armstrong proved a certif. accdg. to law for four hundred nineteen pounds of winter rotted hemp made on his plantation in this County. Upon the petition of Thomas Barns a licence is granted him to keep an ordinary at his house in this County, whereupon the said Thomas together with William Christian his security entered into and acknd. bond accdg. to law. Upon the petition of William Christian a licence is granted him to keep an ordinary at his house in this County for the term of one year & from thence till the next Court held for this County, whereupon he together with Stephen Trigg his security entered into and acknd. bond accdg. to law. This court doth appoint Robert Breckenridge to be Constable for that Precinct on Reed Creek in the room of Abraham Bledsoe, who is discharged from that office. Margaret Kirkham, orphan of Henry Kirkham, decd., has leave of the court to choose Michael Kirkham her guardian upon his giving security accdg. to law. Elizabeth & Benjamin Kirkham, orphans of Henry Kirkham, decd., have leave of the court to choose Daniel Evans their guardian upon his giving security accdg. to law. Upon the petition of Arthur Campbell he hath leave to build a mill on the Royal Oak plantation on Holston's River. Ordered that Alexander Collier do lay off a road from James Gilmore, Junr.'s place into the Main Road passing Robert Young's, and that he together with the tithables on both sides thereof within two miles do open & keep the same in repair. Ordered that John Robinson, Abraham Crismon & Samuel Willson do view the road from William Robinson's to the head waters of Catawba and make report of the nearest & best way to the next court. Philip Love, Hugh Crocket & Jacob Kent to do the same from William Robinson's to the road leading from Han's Meadows to Vances's. Francis Smith, John Armstrong, Joseph Cloycl and Bryan McDonald to view and lay off the nearest & best way from the first ford on Catawba to the head waters thereof and make report thereof to the court. This court doth appoint James Caghee to be Surveyor of the Road leading to Captain Doggal's, & it is ordered that the tithables belonging to that Precinct do attend him accdgly. Samuel McClanachan proved a certif. accdg. to law for David McClanachan for four hundred & seven pounds of winter rotted hemp made on the sd. David's plantation in this County. Andrew Woods the same for eleven hundred and sixty four pounds winter rotted hemp made on his plantation in this County. Francis Smith the same for three thousand six hundred forty two pounds of hemp as above. Ordered that William Thompson, Joseph How, John Draper, Joseph Montgomery & Samuel Scott or any three of them to view the ground from Michael Price's by Taylors and the Buffaloe Pound ford by the head waters of Peck Creek to Buchanan's plow on Reed Creek and make report of the conveniences and inconveniences attending the same, especially of the fords to the next court. And the former order relating to the same set aside. Henry Paulin one of the persons appointed to view the way from Thomas McFarran's by Patterson's Creek to Henry Paulin's on Craig's Creek, having made report that a waggon road might easily be made there, it is ordered that upon one other of the viewers signing the said report before any one of the Justices of the Peace of this County Samuel McFarran with the tithables belonging to that Precinct do open & keep the same in repair from Craig's Creek waggon road to Patterson's Creek, and that Henry Paulin with the tithables belonging to his Precinct do open & keep the same in repair from Patterson's Creek to his own house and that John McFarran and John Potts do appoint the tithables to each Precinct. Ordered that Samuel Crocket, Samuel Woods and Charles Stapleton or any two of them being sworn do view the road from Vausses to Stapletons and report the conveniences & inconveniences to the next court, and that the former order relating hereto be set aside. Ordered that Thomas Acres, John McAdo and Daniel McNeill or any two of them being first sworn do view the way from the long Lick to the Bedford line to join the road leading to Pates settlement, and make report of the conveniences & inconveniences attending the same to the next court. Ordered that William Bryants shall make what alterations he shall think fit in the road between Jas. Nielly & James Brynns so as not to prejudice any person. This court doth appoint Francis Kincannon to be Surveyor of the Road from Stalnakers to the Eleven Mile Creek, Thomas Ramsay from the said Creek to Beaver Creek, & David Looney from Beaver Creek to Fall Creek, and it ordered that Anthony Bledsoe do appoint the tithables to each Precinct. This Court doth appoint James Brigham to be Constable for that Precinct below Beaver Creek, Stephen Jordon from Beaver Creek to Eleven Miles Creek, James Thompson on the waters of Buffaloe Creek in the room of Joseph Davis & James Johnston on Macks Rum in the room of Jas. Kerr, who are discharged therefrom. Ordered that Andw. Lewis, Robert Brackenridge, Is. Christian, John Howard, Francis Smith & Stephen Trigg or any five or more of them do agree with workmen to build a prison and court house accdg. to such plan as they shall think fit and on shuch plan at Millers Mill as they shall appoint. Ordered that the Sherif summon twenty four freeholders of this County qualified by law to serve on a Grand Jury at May Court next for this County. John Bowyer, David Robinson, James Cloyd, Francis Smith, Robert Doak, Philip Love, Matthew Aruikle, Anthony Bledsoe, Walter Crocket & Arthur Campbell produced commissions from his Excellency the Governor appointing them Captains in the Militia, whereupon they took the oaths &c. and subscribed the test respectively. Henry Paulin & James McAfee produced commissions from his Excellency the Governor appointing them Lieutenants in the Militia, and John May produced a commission from his Excellency the Governor appointing him Quartermaster in the Militia, and thereupon they severally took the usual oaths to his Majesty's Person & Government and repeated & subscribed the test. William Fleming, James Rowland, William Ingles, Bryan McDonald, John Bowyer, John Armstrong, John May, Thomas Barnes, Luke Bowyer, Anthony Bledsoe, Thomas Roland & Philip Love, Vestrymen for the Parish of Botetourt took the usual oaths to his Majesty's Person and Government and repeated and subscribed the test. Ordered that the court be adjd. till the court in course. The minutes of these proceedings were signed. Andw. Lewis 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 File at: http://files.usgwarchives.net/va/botetourt/court/minutes18gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 16.6 Kb