Chronicles of the Scotch-Irish Settlement in Virginia

Volume I

AUGUSTA COUNTY COURT RECORDS.

ORDER BOOK No. I. (cont.)

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  (69) Law books provided for each justice, Webb's Justices and Mercer's Abridgements.
  (70) James and John McCune brought before the Court for speaking treasonable words--evidence heard--both took the oaths and gave bond for good behavior.
  (70) John Maxwell and William Thompson to make road from the Co. Ho. to Tinkling Spring.
  (70) Robert McMahon and Samuel Lockhard being bound over to this Court for misbehaving themselves towards William Thomson in killing his hogs, horses, etc., and William saying he feared further damage--they gave bond for good behavior, George Anderson and Wm. Pierce for Lockard, James Givens and Geo. Cathey for McMahon
  (71) John Buchanan qualified Coroner.
         Peter Scholl qualified Coroner.
         John Buchanan qualified Under Sheriff.
  (71) Road ordered from Co. Ho. to Clerk's Office, and tithables of John Madison, William Nut, James McCorkle, Robert McClenachan and James Armstrong clear it.

August 20, 1746

  (72) Petition of Henry Downs--Road to be marked from the road that leads off the mountain near Alexr. Thompson's to the lower Meeting House and Wm. Thompson, Jr., Saml. Givens and John Campbell mark and lay off the same.
  (72) Valentine Sevear--Ordinary license Edward Hughes surety.
  (72) James Porteus qualified Attorney.
  (72) Licenced by Peyton Randolph, St. Lawrence Burford, Esqrs., and Wm. Nimmo and Stephen Dewey, gentlemen.
  (72) Report as to road from top North Mountain to Wm. King's and thence to C. H.--Robert Davis appointed overseer. The following tithables to work it: George Kill Patrick, James Young, James Young, James Mills, Robert McClellan, Andrew Pickens, Jacob Lockart, John Trishell, Hugh Young, Samuel Kinkead, William Mills, William McFeeters, James Clark, Henry Cristwell
  (73) John Brown to be overseer of same road from King's to C. H. with following tithables: Hugh Spears, John McKenney, Thomas Peary, John Bartley, Patrick Martin, James Phillips, James Bell, George Vance, James Montgomery, Thomas Kill Patrick, John Spears, Saml. Wallace, Wm. McClintock, John Davis.
  (73) William Thompson to be overseer from Court Ho. to Tinkling Spring, already viewed, with these tithables John Lynn and his three sons, John Henderson, John Ramsey, John Preston, Wm. Palmer, David Stuart, James Coile, Joseph McClelhill, Alexr. Thompson, John Mitchell, John Hutchison, Andrew Russell, Geo. Caldwell and his two sons.
  (73) James Montgomerie and George Robinson--a comn. to notify Lunenburg Court that a road had been built in Augusta from the part of Roanoke in this Co. to the top of the Ridge adjoining Lunenburg and ask to have it continued in Lunenburg.

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  (73) John Buchanan, Patrick Cook, Alexr. Walker--to mark and lay off a road from said Buchanan's to Co. Ho.
  (74) John Graham to be overseer from James Carter's mill to the Co. Ho. as far as the first ford above Bell's land--and all tithables from head of the river to John Miller's work it.
  (74) Cap. Daniel McAnaire to be overseer of above road with following tithables: Samuel Wallis, Alexr. Crawford, John Elliott, David Trimble, John Hogshead, Alexr. Gardner, Sampson Archer, Alexr. Gibson, Robt. Davis, Thomas Gardner, Walter Trimble, John Sixby, David Stuart, Ro. Renix, Francis Gardner, John Trimble, Thomas Beard, Ro. Gilkason, John Archer, James Bell, James Mills, James Dyer, Charles Clendening, Wm. Hogshead, Ro. Ralstone, John Moffet, Saml. Lusk, James Phillips, Danl. Brealey, Mathew Edmonston, James Trimble, John Ferguson, Wm. Anderson, John Spears, John McKenney, Wm. Brady, Ro. Armstrong, James Miller.
  (74) James McCune to be overseer vice Francis McCune.
  (75) John Elswick charged with murdering Wm. Cape. Not guilty of murder, but killed by chance.

August 21, 1746.

  (75) Sheriff to provide weights and measures.
  (75) Order for Sheriff for securing prisoners--continued.
  (76) James Allison, assignee of Hugh Boil vs. David and Alexander Gibson} Pl. not an inhabitant of this country.
  (76) James Patton qualified Coroner.
  (77) John Quin qualified as Attorney--having been licensed under former law.
  (77) Henry Downs, Jr., qualified Captain of Foot.
  (77) Wm. Thompson qualified Lieutt. of Foot.
  (79) John Hammond, garnishee-- 28, 10 sh. Penna. Cury.==21, 7, 6 Current money.
  (80) Thomas Chew, Att'y, made to pay all costs because of his neglect in not summoning the witnesses on his side.
  (81) Jury--John Moffet, William Bates, Thomas Stinson, Edward Hughes, etc.
  (81) John Bartley and Lofty Pullin ordered immediately before the Court for disturbing it while sitting.
  (82) James Finla was removed out of the Colony.
  (83) Petition of John Holmes vs. Thomas Chew for neglectg. his business as an attorney is dismissed.
  (83) Gabriel Jones adjudged guilty of a misdemeanor in interrupting Richard Wainscut in giving his evidence.

August 22, 1746.

  (84) 4 Penna. Money==3 Current Money.
  (84) Moffet vs. Graham. Jury--John McMasters, Alexr. Duglas, etc. No appeal to be granted on a general verdict without errors being filed first.

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  (84) John Trimble to be overseer vice Robt. Young.
  (85) Daniel Deniston, Jr., to be Constable vice Thos. McCullock.
  (86) Robert Patrick to be overseer vice Cap. Gay.
  (88) Ewell vs. Briant--Verdict, "we find for defendant." Atty. filed errors in arrest of judgment--referred to next Court.
      William Pickins, witness in above suit.
  (89) Edward Hughes, witness in above suit.
      Richard Wanscot, witness in above suit.
      Margaret Sherrill, witness in above suit.

August 23, 1746.

  (95) 3 Penna. Money==2, 5 Cur. Money of Va.
          5 Penna. Money 3, 15 Cur. Money of Va.
  (98) Rob. Cunningham, Gent., in action, ejectment by Beverley, insisted on his privilege as Burgess, setting forth that he was served with the Declaration within the privileged time.
  (102) Philip Lung--garnishee.
  (102) James Patton et als. made their return on the order for viewing and receiving the Co. H. lot--
          We, subscribers, being appointed 16 July, 1746, to view and receive the 25 acres laid out by Beverley according to an order of Council, having viewed the land as laid out by Thos. Lewis, etc., etc., find the land entirely ill convenient and useless, being most part of it on a barren hill or mountain where the County cannot pretend to sell one lot if the said land be received nor fall into any way or method to raise the quitrents, it affording neither firewood nor water, no spring being included in the whole 25 acres, though several are nigh and adjacent.--Advise non-acceptance unless it be so laid off that the Co. Ho. be in the center, and when so laid off 2/3 will be barren hills without timber and of little or no use to the County.
          A Copy ordered to be certified to Beverley.

SEPTEMBER 17, 1746.

  (105) Hart vs. Thompson. Jury--George Cathey, John Stinson.
  (106) Roger Keys bound to peace towards James Greenlee.

SEPTEMBER 18, 1746.

  (107) John George Bonsley, same towards his father Jacob.
  (108) Jurymen--Daniel Holdman, John Hood, James Armstrong, John Rutledge, Adam Dickerson, James Armstrong, Ro. Gibson, Thos. Cotner.
  (108) Pet. Robert Foile vs. Edward Erwin is rejected.
  (110) John Hite of Frederick--a witness.
          Robert Warf of Frederick--a witness.
  (111) Watkin Vaughan Ellis qual. Att'y.
  (111) Mary Cafferty, indented servant, vs. her master, Robert Young.
  (111) Motion James Greenlee--added to list of tithables.
  (111) Motion Silas Hart--added to list of tithables.
  (112) John Lynn, Jr.--witness for John Lynn.

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  (112) Thomas Coleman, juror.
  (112) Alexr. Thompson bound to peace.
  (112) Uriah Chadwick--witness.

SEPTEMBER 19, 1746.

  (113) Clerk to transmit a copy of the answer to Col. Beverly. Letter to this Court to him and require a positive answer against Nov. Court.
  (113) Complt. of James Patton that James, Ezekiel, Wm. and Patrick Colhoon were divulgers of false news to the great detriment of the Inhabitants of this Colony--to be committed for Nov. Court.
  (113) Benj. Borden, Samuel Woods, added to tithables.
  (118) Judgt. vs. John Mayfis of Co. Salem, wheelwright, for 4, 4, 2 money of New Jersey==3, 3, 1 1/2 Cur. Money.
  (126) Jane Robinson no inhabitant of this Colony.
  (127) 2 Penna. Money==30 sh.
  (129) Jacob Dye vs. John Homan} Deft. moved the suit be dismissed because he had not been aiding and helping Sigismund Henley away, who was present in Court--Court adjudged that as the principal debtor is in Court and ready to stand suit, and the deft. was only sued as one aiding and abetting him to run away, that it be dismissed.

November 19, 1746.

  (129) John Preston--Ordinary license.
  (129) Grand Jury--Nathan Patterson, Ro. Dunlap, John Holmes, and others--grand jurors.
  (130) John Wilson, late a servant to Francis Beatey, received a discharge setting forth his honesty, etc.
  (130) Joseph Lapsley qualified Cap. of Foot.
  (130) Road ordered from North Fork of James to Looney's Ford on So. Fork James--with all tithables except John Boyr, Jos. Long and Jno. Peter Sallings's families.
  (130) Road ordered from Reed Creek to Eagle Bottom and thence to top of Ridge that parts waters of New River and those of So. Fork of Roanoke, and these are to work it: George, Ezekiel, William and Patrick Colhoon, Bryant White, Wm. Handlow, Peter Rentfro and his two sons, George the Tinker, Jacob Woolman and two sons, John Black, Simon Hart, Michael Claine, John Stroud, Saml. Starknecker and all the Dunkers that are able to work on the same and all other persons in that precinct. James Colhoon and Charles Hart to be overseers.
  (130) Road ordered from Adam Harmon's to the River and No. Branch of Roan Oak--Adam Harmon, overseer, with these workers: Geo. Draper, Israel Lorton and son, George Hermon, Thos. Looney, Jacob Hermon and three sons, Jacob Castle, John Lane, Valentine Harmon, Adren Moser, Humberston Lyon, James Shaggs, Humphrey Baker, John Davis, Fredk. Stering and two sons and all other persons settling in the precincts.
  (131) Road ordered from the Ridge above Tobias Bright's that parts the waters of New River from the branches of Roan Oak to the lower ford of

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Catabo Creek. Tobias Bright, overseer. Wm. English and two sons, Thos. English and son, Jacob Brown, George Bright, Benj. Oyle, Paul Garrison, Elisha Isaac, John Donahu, Philip Smith, Mathew English and the rest of the tithables as nominated by George Robinson and James Montgomery.
  (131) Road ordered from Ridge dividing waters of New River from waters of So. Br. Roanoak to end in a road that leads over the Blue Ridge--James Cambell and Mark Evans, overseers. Old Mr. Robinson and his sons, Thos. Wilson and his two sons, Wm. Beus and his brother, all the Ledfords, Saml. Brown, Henry Brown, Saml. Niely, James Burk, James Bean, Francis Estham, Ephraim Voss and servants, Francis Summerfield, John Mason, Tasker and Thomas Tosh, John and Peter Dill, Uriah Evans's sons, Mathuselah Griffiths and sons, John Thomas, Peter Kender.
  (131) Wm. Long to build water grist mill.
  (131) Saml. Earley Complains of his master, Saml. Bly.

NOVEMBER 20, 1746.

  (132) County Levy:--To Ro. McClenahan to find small beer, candles, to keep Court House in order and to find stableage for Justices', Attorneys' and Officers' horses, 1,600 lbs. tobacco, 961 tithables at 34 lbs. tobacco each, or 2 sh. 1 d.--Current Money.
  (132) Prison to be secured by guard until finished.
  (133) Hugh Thompson and Thos. Stinson appd. overseers from Wm. Thompson's to the Meeting House.
          Wm. McGill appointed Constable.
  (133) Court House to be repaired.
  (133) John Brown, charged with failing to return his list of tithables, says he neglected to set up advertisements before the 10th of June or to take the list--ordered to be prosecuted.
  (134) James Clark allowed to build a water grist mill.
  (134) Surveyor to lay off 10 acres with Co. Ho. in center as prison bounds and set a stake at each corner.
  (134) Grand Jury presentments.
          James Bourk--common swearer.
  (134) David Bryans, Israel Robinson, James Bullock and James Houston--being vagrants, hunting and burning the woods.
  (134) John Hays and John Hawkins--swearing.
  (134) Humberston Lyon and Susan, wife of Wm. Mires--for Adultery.

NOVEMBER 21, 1746.

  (135) John Peter Sailing qualified Captain of Foot.
  (135) Adam Miller and Ludwick Francisco appointed overseers from Alexr. Thompson's to Swift Run Gap and all tithables from Jacob Cober's to Saml. Scot's at upper end of Peaked Mountain clear it.
  (136) Jurymen--Wm. Hall, John Macom.
  (138) John Francis--witness.
  (140) John Hutchison to build a water grist mill.
  (141) Cresap vs. Johnson.
          13, 6 Maryland Money==7, 4, C. Money, Va.
          Attacht. on 3 wooden bowles, 6 pewter spoons.

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