Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court November 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, 7:26 pm Source: Annals Of S W Virginia Written: November 1771 At a court held for Botetourt County the 12th day of November, 1771. Present: Israel Christian, Benjamin Hawkins, Robert Breckenridge, Wm. McKee, Wm. Christian and Philip Love, Gent. Justices. Henry Cartmill proved a certificate for 479 lbs. of hemp. John McCung do. 760 do. John Madison do. 976 do. John Bowyer do. three hundred three quarters & twelve pounds of hemp. On the petition of William Tury for leave to build a water grist mill on his own land on the west fork of Little River and at the mouth of the Middle Fork of the same, it appearing to the court that no person will be injured by the building of the .same, he having made appear the he owned the land on both sides of said fork of Little River, and the same is ordered accordingly. Israel Christian, Gentleman, proved a commission from his Excellency the Governor appointing him Sheriff of this County, and ho took the usual oaths to his Majesty's Person & Government, repeated & subscribed the test, and also took the oath of a Sheriff, after having entered into bond, as the law directs, with William Christian and Stephen Trigg, his securities. William McClenachan and Daniel Trigg took the oaths to his Majesty's Person, repeated & subscribed the test, as also took the oath of Deputy Sheriffs for the County of Botetourt. The Grand Jury summoned by the Sheriff appeared in court and were sworn, towit: John McFarran, John Potts, James Smith, Andrew Clark, John Robinson, James Robinson, Samuel Lindsay, James McCain, James Montgomery, James Allison, James McCain, Samuel McAfee, Joseph Looney, Thomas Martin and Patrick Sharkey, after having received their charge, were sent out of court to consider of their presentments. William Kyle prvd. a certif. for 878 lbs. of hemp for John May. Thomas Morgan, a servant of Thomas Madison, comes into court and with the assent of the court agrees to serve his said Master one year after the term of his indenture, on condition that his said Master shall not sell or dispose of him before the expiration of the said term. On the motion of Hugh Bartly against Margaret Dunan, his servant, for having mulatto bastard, it is ordered that she serve her said Master twelve months after the expiration of the term of her present indenture, and that the Church Wardens bind out said child to Hugh Bartly until he arrives to the ago of twenty-one years. A Commission of the Peace and Dedimus and also a Commission of Oyer and Terminer directed to Andrew Lewis, Richard Woods, Robert Breckenridge, William Preston, John Bowyer, Israel Christian, John Maxwell, James Triable, Benjamin Hawkins, Laird Robinson, William Fleming, George Skilren, Benjamin Estell, William Ingles, John Howard, Philip Love, James Robinson, William Christian, Wm. Herbert, John Montgomery, Stephen Trigg, Auburn Doake, Walter Crockett, James McGavock, Francis Smith, Andrew Woods, William Matthews, John Burman, Wm. McKce, Anthony Bledsoe, James Thompson, John Stuart, John Robinson, John Vanlear, and Mathew Arbuckle, whereupon the said William Fleming took the usual oaths to his Majesty's Person and Government, repeated and subscribed the test, took the oaths of a Justice of the Peace, of a Justice of the County Court in Chancery, and of a Justice of Oyer and Terminer, which were administered to him by Robert Breckenridge and Philip Love, and then the said Wm. Fleming administered said oaths to Robert Breckenridge, John Bowyer, John Maxwell, Benjamin Hawkins, William Christian, Philip Love, Stephen Trigg, Anthony Bledsoe, James Thompson and John Robinson, Gentlemen, who severally took the same oaths and repeated and subscribed the test &c. The Grand Jury returned into court and made the following presentments: The presentment of the Grand Jury against Rebecca Thompson for cohabiting with Frederick Daniel-Odaniel and having a bastard child. Also Arthur Galbreath for stopping the King Highway between the Royal Oak and the Seven Mile Ford on Holston River. Also Elizabeth Allen for being suffered to be with child and with her parents for destroying it as is supposed, contrary to law. Also the Overseer of the Road from Fort Lewis to Mr. Madison's and from the Big Lick to the Bedford line for not keeping the same in repair according to law. Ordered that process issue against the several persons this day presented and indicted by the Grand Jury to cause him to appear hero at the next court to answer the several presentments and indictments against them respectively. Bryant McDonald came into court and undertakes for Patrick Fitzpatrick to pay the prison fees which shall become due by his keeping Patrick in prison. Ord. that the court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt County the 13th of November, 1771. Present: Wm. Fleming, William Christian, Stephen Trigg, and John Robinson, Gentlemen Justices. John King is appointed Surveyor of the Road from the fork of Reed Creek to the south fork of the same in the room of Killings, who is discharged from that office, and it is ordered that the usual hands attend the said King where required to keep the said road in repair as the law directs. William Simpson Plff. ) agst. ) -In Case William Herbert Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Henry Pauling, William Currin, George Burdwell, Arthur Calbreath, Abraham Price, John Willey, James Walker, James Byrim, Jacob Lorton, Samuel Cloyd, Alexr. Cottier, and John Davies, who retd. verdt. in favor of deft. Judgt. accdgly. & costs. William Robinson proved a hemp certificate for 1360 lbs. On the petition of James Barnet, leave is granted him to keep an ordinary at his house in this County, he having entered into bond with James Montgomery, his security, as the law directs. Israel Christian Plff. ) agst. ) In Debt. Reese Bowen Deft, ) This day came the parties by their attornies & thereupon came also a jury, towit: Nathaniel Evans, Abraham Chrisman, John Hannah, John Collier, John Potts, Adam Beard, Arthur Woods, Edward McKenny, Robert McClenachan, Henry Smith, William Campbell and Samuel Laurence, who redt. a verdt. in favor of the deft. Judgt. accdgly. & costs. On the motion of the plaintiff's attorney, an appeal is granted the said plaintiff on his giving bond, with William Christian, his security, then he will prosecute the said appeal with effect. Israel Christian against Reese Bowen. On the motion of (he defendant's attorney, that the defendant should be admitted to prove his answer by his own oath, it was objected to by the plaintiff's attorney that it was contrary to the Act of Assembly, and it appeared by the oath of the defendant that all his claim except carrying of the last load of hemp was before the date of the bond and agreed with the plaintiff at the time of giving said bond, then all just credits should be allowed him upon a right settlement. Peter Lane, Assee. of Israel Christian, Plff. ) agst. ) In Debt George Poage, deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Abraham Christian, Jacob Lorten, Samuel Cloyd, Alexander Collier, John Willey, John Moore, James Ledderdale, Robert Bowen, William Ritchey, Thomas McFarran, Abraham Chrisman and Samuel McFarran, who redt. verdt. in favor of plff. Judgt. accdgly. for twelve pounds, two shillings, ten pence, three farthings, with int. thereon from the 24th day of Oclobor, 1770, till paid, and costs. Upon tho complaint of Abraham Chrisman against Robert Linsay for a breach of the peace, on hearing the parties it is ordered that the said Robert enter into a recognizance in the sum of fifty pounds and find two securities, to be bound in the sum of twenty five (missing word), that ho shall be of good behaviour to all his Majesty's liege subjects, and more especially towards Abraham Chrisman, for the term of twelve months and a day from this time, whereupon the said Robert with Charles Kannaugh and James Buines, his securities, acknd. themselves indebted to our Sovereign Lord King George the third by the Grace of God &c., the sd. Robert in the sum of fifty pounds and his sd. securities in the sum of twenty five pounds each, of their respective goods & chattels, lands & tenements, to be levied and to our Sovereign Lord the King rendered. But upon this condition: that the said Robert shall be of good behaviour to all his Majesty's liege people, and more especially towards Abraham Chrisman for and during the term of twelve months and a day from this time. William Lapsley is appointed Constable in the room of James Thompson, who is dischd. from that office, and the said Lapsley took the oath of a Constable and the oath appointed by the Act of Assembly in that case made and provided. Jonathan Smith Plff. ) agst. )Un Debt William Hutcheson Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Reese Bowen, Wm. Bowen, Robert Bowen, John Looney, John Potts, John Hannah, John Collier, Samuel Laurence, Wm. Anthony, Thomas Walsh, Abraham Price and David Laird, who retd. verdt. in favor of the plff. Judgt. accdgly., for eighteen pounds, with int. thereon from the first day of December, 1771 till paid & costs. Michael Kelley is appointed Constable on Jackson's River. and the sd. Michael took the oath of a Constable and the oath appointed by the Act of Assembly in these cases made and provided. A report of a road being made and returned by Peter Wright, Edward McMullin and John Robinson agreeable to the former order of this court, it is ordered that the same be established accdgly., and that the sd. Peter Wright be appointed surveyor of the same, and that John Robinson and Peter Wright be apptd. to lay off and allot the tithables to work on said road when required by the said surveyor to keep the same in repair accdg. to law. Alexander Willey is appointed Surveyor of the Highway in the room of James Lewis, who is dischd. from that office. And it is ordered that the usual hands attend the said Willey when required to keep the same in repair as the law directs. Ord. that the court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt County the 14th of November, 1771. Present: William Fleming, Stephen Trigg, Anthony Bledsoe and James Thompson, Gent. Justices. John Bowman, a Justice of the Peace for this County, took the usual oaths to his Majesty's Person & Govt., repeated and subscribed the test, took the oath of a Justice of the Peace, of a Justice of the County Court in Chancery, and a Justice of Oyer & Terminer, accdg. to law. Thomas Hamilton Plff. ) agst, ) In Case for Slander Arthur Galbreath Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Edmundson, James Buchannan, William Bryans, Uriah Humphries, John Collier, Alexander McDonald, Moses Collier, Alexander Collier, Moses Price, William Bowen and John Wiley, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oaths do say that deft, is guilty of speaking the slanders and defamatory words in the declaration mentioned, in manner & form, as the plaintiff against him hath complained, and they do assess the plaintiff's damages by occasion thereof to one penny, besides his costs by him about his suit in this behalf expended, and the sd. defendant in mercy &c. Richard Riley Plff. agst. Thomas Welsh Deft. This day came the parties by their attornies & thereupon came also a jury, towit: Malcom Allen, George Francisco, Stephen Jordon, Moses Whitley, Josiah East, Hugh Allen, Matthew Hair, John Caldwell, Samuel Cloyd, Edward Henry, Thomas McFarran, William Ritchey, who retd. verdt. in favor of the plff. for five pounds. Judgt. accdgly. & costs. Hugh Means Plff. ) agst. ) In Case Robert Bower Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Arthur Galbreath, Wm, Thompson, James Buchannan, James Cloyd, Uriah Humphries, Alexander McDonald, Samuel McRoberts, Moses Collier, John Willey, Alexr. Collier, Joseph Gray & William Bryants, who retd. a verdt. in favor of the plff. for five pounds. Judgt. accdgly. & costs. Memorandum, that at the trial of the cause, Means against Bower, the plaintiff moved that no witnesses should be examined to prove the plaintiff guilty with what he was said to be charged with by the defendant, the plea to the action (being not guilty with leave &), but the motion was overruled. Hugh Means Plff. ) agst. ) In Trespass-Assault & Battery Robert Bower Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Matthew Hair, John Caldwell, John Collier, Josiah East, Moses Price, Charles Ellison, John Hewitt, Abraham Price, Abrahum McClelan, John Stuart, John Potts and Samuel Hayes, who retd. a verdt. in favor of the plff. for two pounds and one penny damages. Judgt. accdgly. & costs. William Graham prvd. a certif. accdg. to law for 219 lbs. of hemp. Ord. that this court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued and held for Botetourt County the 15th of November, 1771. Present: John Bowyer, Stephen Trigg, Philip Love and James Thompson, Gent. Justices. Ordered that the trustees of the County Land lay off and convey to the Vestry of Botetourt Parish an acre of land for the use of the said Parish at such convenient place as they shall think fit. Ordered that John Bowyer and Thomas Madison do settle with the Court of Augusta County for all money due from that County to this by Act of Assembly or otherwise. Ordered that Robert Breckenridge, William Fleming and Benjamin Hawkins do on behalf of the County convey the lots sold by the County to the several purchasers. Anthony Bledsoe Plff. agst. ) In Case Chars. Leonard ) Ewd. Williams Defts. ) This day came the parties by their attornies & thereupon came also a jury, towit: Joseph Cloyd, Edward Kenny, Wm. Anderson, Martin Baker, Charles Allison, James McConnel, Wm. Bryants, Reese Bowen, Malcom Allen, Josiah East, Moses Price, and William Thompson, who retd. a verdt. in favor of the plff. Judgt. accdgly., for six pounds, six shillings and ten pence damages & costs. James McCoun Plff. ) agst. ) In Case Lanty Armstrong Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Mathew Hair, Uriah Humphries, John McNute, Andrew Harrison, Jacob Lorton, Abraham Price, Laird Galloway, James Berry, Thomas Welsh, Charles Ellison, Danl. Little, & Martin Baker, who retd, a verdt. in favor of the plff. for nine pounds, ten shillings k five pence. Judgt. accdgly. & costs. Ord., that the court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt County, the 16th of November, 1771. Present: John Bowyer, Anthony Bledsoe, Philip Love and James Thompson, Gentlemen Justices. Elizabeth Foulk to be summoned to next court to shew cause why her children should not be bound out. Ordered that the church wardens bind out Mary McGregory, bastard child, to Anthony Bledsoe, accdg. to law. (THE DEPUTY CLERK AT FINCASTLE STATES POSITIVELY THAT THE RECORD WHICH FOLLOWS BELOW IS THE ONE WHICH FOLLOWS IN ORDER THE ABOVE PRECEDING RECORD, YOU WILL NOTE THAT THE COURT RECORD DOES NOT SHOW ADJOURNMENT OF COURT, NOVEMBER 16, 1771, AND YOU WILL ALSO NOTE THAT THE NEXT COURT CONVENED ON SEPTEMBER 8, 1772, ACCORDING TO THE ORIGINAL COURT RECORD, NOTWITHSTANDING A LAPSE OF NEARLY A YEAR. BUT IN THE ORDER BOOK OF 1772-1776 THERE ARE STUBS OF FOUR LEAVES SHOWING SOME WRITING, AND IT IS POSSIBLE THAT THOSE LEAVES CONTAINED THE MISSING LINK. THE DEPUTY CLERK AT FINCASTLE STATES THAT THESE MISSING LEAVES ARE NOT ON FILE.) 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/minutes32gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 17.9 Kb