Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court August 1771 ************************************************ 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 28, 2007, 12:51 am Source: Annals Of S W Virginia Written: August 1771 At a court held for Botetourt County the thirteenth of August, one thousand seven hundred and seventy one. Present: Robert Breckenridge, Andrew Lewis, Israel Christian & William Christian, Gentlemen John Daily prvd. a certif. for 6735 lbs, of hemp, which is ord. to be ccrtfd. LBS. William Grelee do. 451 do. David Humes do. 3448 do. William Maze, Jr do. 1186 do. Charles Ellison do. 370 do. Thomas Willson do. 3379 do. George Givens do. 1297 do. James Laurence do. 2658 do. Matthias Yocum do. 1200 do. Hugh Crocket do. 1010 do. John Poage do. 1700 do. John Henderson do. 986 do. John Tillery do. 2609 do. Wilfiam Lapsley do. 557 do. William Skellern do. 3138 do. Edward Gill do. 898 do. Andrew Caldreath do. 1402 do. Eley Paul do. 1095 do. Samuel Laurence do. 728 do. John Greenlee do. 1935 do. Robert Caldwell do. 3000 do. Adam Wallace do. 505 do. William McEllancy do. 295 do. Andrew Boyd do. 6050 do. Ordered that John Beard be apptd. Constable, in the room of Richard Maze, who is dischd. from that office. John Bowyer's Negro boy Paumby adjudged to be eight years old & ord. to be recorded. Ordered that the tithables from Isaac Taylor's including the said Taylor's to John Madison's be added to the gang that work under Jacob Kent, and that the sd. Kent clear the road from the sd. Madison's to the path that leads to the Devil's Don, and that the tithables that work under Majr. William Inglish and John Cray clear the road from thence to New River. John Robinson's list of the tithables returned and ordered to be recorded. Ord. that Jacob Persinger be apptd. Surveyor of the Road of the County line by the Cowpasture to the Red Hill, in the room of William Dougherty, who is dischd. from that office. Licence granted to Joseph Cloyd to keep an ordinary at the courthouse. Bond entered into with Joseph McGavock, his security, and ordered to be recorded. Ordered that John Craig, John Henderson, Samuel Robinson, Giles Jackson, Thomas Rafferty, David McGee, Swain Poison, John McCormack, Robert McGeehee, John Smith, Robert Ritchie, Abraham Fulder, David Robinson, John Vanlear, Samuel McGeehee, William Robinson, Joshua McCormack be summoned to the next court to shew cause why they refused to obey Robert Alexander, Sheriff, in retaking Joseph Alexander after breaking prison. Upon a petition exhibited by Samuel Pepper and sundrie and other people for a review of a road leading by his house across New River and the one called Taylor's road, it's the opinion of the court that the former order for establishing the road by John Taylor's stand good. The non cupative will of Alexander Walker, deceased, was produced in court, proved according to law, and ordered to be recorded. Ordered that Martin Stailey find two securities to be bound in the sum of twenty five pounds each and himself in the sum of fifty pounds that he shall be at good behaviour to all his Majesty's liege for twelve month and one day from this time. Martin Stailey and John Hill and Joseph Kettering, his securities, appeared in court and acknd. themselves to be held and firmly bound unto our Sovereign Lord the King, the said Stailey in the sum of fifty & his sd. securities in the sum of twenty five pounds each that he shall be of good behaviour for the term and time aforesaid. Elizabeth Robinson came into court and choosed David Robinson and Andrew Woods, Gentlemen, her guardians, who together with William Inglish and James Robinson, Gentlemen, entered into and acknd. bond conditioned as the law directs. Ordered that Matthew Arbuckle be apptd. Surveyor of the Road, in the room of William Gillispie, who is dischd. from that office. William Huggard, Robert Gillispie and William Gillispie to appoint the tithables equally to work under Matthew Arbuckle, Jacob Persinger and James Laurence. Ord. that this ct. be adjd. till tomorrow, 8 o'clock. Signed by Andrew Lewis At a court held for Botetourt the fourteenth of August, one thousand seven hundred and seventy one. Present: Robert Breckenridge, John Bowyer, James Trimble, John Bowman, James Robinson, William Christian, Walter Crocket and Stephen Trigg, Gentlemen. Ord. that leave be given to Robert Page to build a mill on his land on Back Creek. Ord. that John Maxwell, Samuel Walker and David Scott to value the improvement on two surveys of land on Buffalo Creek belonging to James Trimble and return account thereof to the next court. James Bainbridge prvd. a certif. for 459 lbs. of hemp, which is ord. to be certfd. James Robinson do. 636 do. Mal. Allen Plf. agst. Hugh Means Deft. This day came the parties by their attornies & thereupon came also a jury, towit: Joseph Walker, John Page, Samuel Walker, Joseph Davis, Nathaniel Evans, John Mitchell, Edward Tures, John Potts, James Davis, Hugh Hayes, Thomas Paxton and Hugh Barkley who rctd. verdt. for plff. for one penny damages. Judgt. accdgly. and costs. Upon a motion made by Joseph Cloyd agst. George Aston for a breach of the peace, parties heard and ordered that the said Aston find two securities for his good behaviour. Whereupon he with Capt. William Fleming and Ephraim Dunlop, his securities, came into court and acknd. themselves held and firmly bound unto our Sovereign Lord the King and the sd. Aston in the sum of twenty pounds and the sd. securities in the sum of ten pounds each of their respective goods & chattels, land and tenement, to be levied to our Lord the King rendered, but upon this condition: that he shall be of good behaviour to all his Majesty's liege people, particularly toward Joseph Cloyd, for the term and time of twelve months and a day from this time. James Trimble, Benjamin Hawkins, David Robinson, William Fleming, Benjamin Estell, William Inglish, Philip Love, James Robinson, William Christian, William Herbert, Stephen Trigg, Robert Drake, Walker Crocket, James McGavock, William McKee, this court doth recommend to his Honour the President as fit persons to execute the Office of Sheriff for this County, Israel Christian, John McDowell and James Trimble Memo, and Israel Christian and John Maxwell had equal number of votes. Ord. that this ct. be adjd. till court in course. Signed. Robert Breckenridge At a court held for Botecourt County the fifteenth of August, one thousand seven hundred and seventy one. Present: Robert Breckenridge, John Bowyer, James Trimble, William Christian and Robert Doake, Gentlemen. John Mitchell prved. certif. for 861 lbs. of hemp, which is ord. to be certfd. James Robinson, Hugh Crocket, John Robinson and James McCoun or any three of them are apptd. to lay off and allot to Mary Montgomery the dower in a tract of land on Roan Oak and that they report said allotment to the next court. Peter Wallace, Samuel Todd, James Hall view the nighest and best way from John Moore's house to Paxton's waggon ford by Arthur McClure's and Joseph Walker's & make report thereof to the next court. Philip Love proved a certif. for 459 lbs. of hemp, which is ord. to be certfd. Ord. that Andrew Colville, George Adams, George Feller, George Baker, David Ward and Alexander Wyley or any three of them being first sworn do view the way from the head of Holstein River to the Wolf Hill Creek, both the old way and the new way, and make report of the conveniences & inconveniences thereof to the next court. Ord. that George Baker be apptd. Constable in the room of William Huston, who is dischd. from that office. Upon a motion made by Robert Doake agst. Jacob Kettering for a breach of the peace, parties heard, ordered that the said Kettering find two securities for his good behaviour, whereupon he together with Philip Love and Walter Stewart came into court and acknd. themselves to be held & firmly bound unto our Sovereign Lord the King, his heirs & successors, the said Kettering the sum of one hundred pounds and his sd. securities in the sum of fifty pounds each of his respective goods & chattels, lands and tenements to be levied and to our Lord the King rendered. But upon this condition: that the said Kettering shall be of good behaviour to all his Majesty's liege people for the term and time of one year and a day from this time. Malcom Allen, Plff ) agst, ) In Debt Saml. Lindsey, Deft. ) This came the parties by their attornies & thereupon came also a jury, towit: George Ewing, John Neeley, William Neeley, Matthew Arbuckle, Daniel McNeill, Adam Wallace, George Patterson, Joseph Woods, James Hayes, William McClenachan, Abrnm McClelan and Moses Collier, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oath do say, went out of court to consider of their verdict (rest of this order is missing). On the motion of William Matthews it is ordered that licence be granted him to keep an ordinary at his house in this County. Bond entered into with Patrick Lockhart, his secretary, and conditioned as the law directs. On the motion of Robert Breckenridge, it is ordered that licence be granted him to keep an ordinary at his house in this County. Bond entered into with Thomas Madison, his security, & conditioned as the law directs. Ord. that this court be adjdg. till tomorrow, eight o'clock. John Bowyer At a court held for Botetourt County the sixteenth of August, one thousand seven hundred and seventy one. Present: Robert Breckenridge, John Bowyer, Israel Christian, Stephen Trigg and Robert Doake, Gentlemen. Ord. that William Skavenner be npptd. Surveyor of the Road, in the room of John Hill, who is dischd. from that office. The jury sworn yesterday to try the issue joined between Allen and Lindsey retd. into ct. By agreement of the parties & with the consent of the court the jurors were withdrawn and the cause was continued. Ord. that this court be adjd. till court in course. Robert Breckenridge At a court held for Botecourt County the thirtieth day of August, 1771, for the examination of Jacob Vardaman on supposition of felony. Present: Robert Breckenridge, William Preston, Israel Christian, Andrew Woods, David Robinson and David Robinson & Benjamin Hawkins. Tho prisoner being led to the bar and arraigned of sundry felonies and it being demanded of him whether he was guilty as assd. or not, he said in no wise guilty. Whereupon sundry witnesses wore summoned and examined agst. him touching the said felonies. And the prisoner being heard in his defence, on consideration whereof it is the opinion of the court at the prisoner's request that he have thirty-nine lashes on his bare back, well laid on, and nothing more appearing against him he is discharged and set at liberty. Ord. that this court be adjdg. Robert Breckenridge Additional Comments: Extracted from: 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/minutes30gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 12.6 Kb