Various matters in the settlement of estates, etc., were transacted. The minutes are signed by Abraham Smith, but apparently written by someone else.

The court resumed its session the next day, April 28, 1778. At the opening six of the justices were present, namely; Daniel Smith, Abraham Smith, John Thomas, John Gratten, Isaac Hinckle, and John Fitzwater; an hour or two later Thomas Hewitt and James Dyer came in, and later still Josiah Davidson. A great deal of important business was transacted this day, in addition to the formal provisions for the settling of several estates.

The sheriff was ordered to summon 24 freeholders as a grand jury for the county;

William Bush, Jeremiah Beasly, Henry Brewster, George Huston, William Magill son of John, Elliot Rutherford, John Fulton, Jr., John Bryan, Jr., Reuben More, Mathias Leas, Jr., Joseph Custard, William Dever, Beerton Blizard, Samuel Skidmore, and Jacob Ellsworth were appointed constables in their respective districts;

Abraham Smith was recommended to the governor and council as a fit man for the office of county lieutenant; Daniel Smith was in like manner recommended for colonel, Benjamin Harrison for lieutenant colonel, and John Skidmore for major;

John Gratten, John Thomas, and Daniel Smith were appointed coroners for the county;

It was ordered that Gawen Hamilton, being first sworn, should run the division line between Rockingham and Augusta; also the "Length of the County from the said Line to Lord Farifax's Line, or run any other Line by the Direction of Mr. Lewis the Surveyor to enable him to make out a plan of the County";

Gawen Hamilton was recommended as a proper man to serve as deputy surveyor under Mr. Lewis, "if he is pleased to appoint him to that office";

Gawen Hamilton was appointed a captain of the militia in the county; Joseph Smith, 1st lieutenant; John Rice, 2d lieutenant; and Wm. Smith (3d lieutenant?); Wm. Herring was appointed 2d lieutenant, and Joseph Dictam, ensign, in Capt. Robert Craven's company; Richard Reagen ws appointed 2d lieutenant, and Joseph Smith ensign, in Capt. Daniel Smith's company;

It was ordered that Daniel Smith draw from the treasurer of the Commonwealth 12 pounds, and "lay it out for the Support of Bridget Fowler the distressd Wife of John Fowler a Soldier in the continental Army from this County."

Although Silas Hart had been sworn in as sheriff, under the governor's commission, he was not long permitted to enjoy the office; for in the record of the second day's session of the court we find a minute to the effect that Josiah Davidson, John Skidmore, and George Boswell were recommended to the governor as candidates fit for appointment to the position. This procedure is explained in the same minute. It appears that Silas Hart and Daniel Smith, having been senior justices in Augusta, and having thereby held the office of sheriff before the division of the county, had agreed to relinquish their claim to the office when they should fall within the new county of Rockingham. Accordingly, they now agreed, or were required, to allow the office to be handed down the line of seniority. Josiah Davidson, one of the three nominees, was commissioned by the governor, and was sworn in as sheriff at the next monthly session of the court.

The court, on the second day of the first session, having taken into consideration the "properest place" for the holding of courts until public buildings could be erected, unanimously resolved to hold court at the house of Daniel Smith, Gent., until the said public buildings were completed. The court at the time of this resolution was doubtless sitting at the home of Mr. Smith; for the Act establishing the county had designated his house as the place for holding the first court.

"Smithland," now the residence of Geo. W. Liskey, stands on the southeast side of the Valley Pike, just a mile or two below Harrisonburg. It is one of the finest old country homesteads in many a mile. Situated near the brow of a lofty eminence, it commands a splendid view of vales, hills, and distant mountains. At the sharp turn of the pike just below the house, on the high bank at the left-hand side, the site of an old building may still be discerned; there, tradition says, the first justices of the county sat in their initial sessions.

At the same time that Smithland was selected as the temporary seat of justice, it was ordered that Daniel Smith and Josiah Davidson be empowered to contract with some person for building a "square Log Jayl or prison 12 feet square, laid with square Logs above & below, 8 inches thick at the least, with one Window & a Door made of Iron barrs so as to suit the public Jayl when built, with a good Lock & a Cabin roof over the upper flour, (sic) to be fixed on the most convenient spott of the sd. Daniel Smith's plantation, and in the meantime that the Sheriff be empowered to hire a Guard to watch such prisoners as are taken into his Custody."

After this action the court was adjourned to the next monthly session.

The minutes of the second day are signed by Daniel Smith. It is likely that he or Peter Hog made the entries on the pages that are now yellow with age and worn with much handling.

The second court for Rockingham County was held on Monday, the 25th of May, 1778.

Among other transactions, Josiah Davidson was sworn in as sheriff, under a commission from the governor dated May 7th 1778; Gabriel Jones was appointed deputy attorney for the commonwealth for Rockingham County, with a salary of L40 a year.

Under commissions from the governor, Abram Smith took an oath as County Lieutenant; Daniel Smith, as Colonel; Benjamin Harrison, as Lieut.-Colonel; William Nalle, as Major.

Anthony Ryder, Gawin Hamilton, Thomas Hewitt, Thomas Boggs (?), Reuben Harrison, and Daniel Smith,Jr., were appointed captains of militia, and took oath according to law.

Felix Gilbert was bound to the governor in the sum of L1000, with two sureties in the sum of L500 each, for a year and a day, to perform his good behavior towards the State and all the good people thereof, he having been charged by Andrew Skidmore with having uttered "words inimical to the State" - words that tended to "sow sedition among the settlers on the western waters." Gilbert was the wealthy store keeper, east of Harrisonburg, with whom we became familiar in the preceding chapter.

The next day a large part of the business consisted in the appointing of road masters for the new roads that were being marked out in various courses. A more particular account of these proceedings is given in Chapter XII. The sum of L20 was voted for the aid of Elizabeth Pennirey, wife of Thomas Pennirey, a soldier in the army of the United States.

At the court held June 22, 1778, it was ordered that William Nalle, Gent., take the list of tithables (Footnote: The tithables were those persons upon whom the poll tax was levied.) in the companies of Capt. Coger and Capt. Frazier; George Boswell, Gent., in those of Capt. Hewit and Capt. Pence; Henry Ewing, Gent., in those of Capt. Cravens, Capt. Hamilton, and Capt. Hopkins; John Fitzwater, Gent., in those of Capt. Lincoln and Capt. Boggs; Anthony Rader, Gent., in those of himself and Capt. Harrison; Daniel Smith, Gent., in that of Capt. Smith; Isaac Hinckle, on the North Fork and South Branch; and James Dyer, Gent., on the South Fork.

In following thus the official proceedings in the organization of the new county, one should keep in mind the cotemporary events that were marking the initial steps in the life of the new nation. It was a great and stirring time. Just a little over a year before the General Assembly of Virginia passed the Act creating Rockingham County, Jefferson, a son of Virginia, had written the Declaration of Independence, upon which thirteen young states rose up before the world in a challenge of hope that was a daring as it was splendid and courageous. The very same year and month (October, 1777) that the said Act was passed, the new nation scored a triumph at a crisis in the surrender of Burgoyne at Saratoga. In February following, just two months before the first court of Rockingham met at Smithland, France recognized the independence of the United States, and thus made a telling contribution to their success in the long struggle for freedom. Through all the first years of the county's history this struggle went on, with Fortune wavering near the point of balance, until finally the political independence of the young states was acknowledged by the mother country in 1783. At that time Rockingham County was six years old; the new nation, counting from 1776, was just two years older.

From the records of the county court, a number of which are reproduced either in form or in substance in the following pages, it will clearly and repeatedly appear that Rockingham contributed in generous measure to the cause of American independence. Her soldiers fought on fields at home and abroad. Her citizens furnished supplies of varied kind and enormous quantity for military use. Her magistrates were liberal in providing for the wives and children of patriot soldiers, and alert in suppressing tories. In these records the student of government will read efficiency and equity; the industrial economist will observe many statistics of kind, measure, and value; the soldier will discern military organization and activity; the sociologist will find a people simple and frugal; and the genealogist will recognize many an ancestor in honorable service.

August 24, 1778, George Rootes, Gent., took the oath of an attorney at law, which was ordered certified by the court. On the same day the court appointed John Hinton to draw L20 and lay it out for Bridget Fowler, wife of John Fowler, a soldier in the U.S. service, and her children.

September 28, 1778, George Boswell and John Thomas were appointed to examine and receive the Jayl house built on Danl. Smith's plantation agreeable to a former order of court; whereupon the said gentlemen reported that they had viewed the said Jayl and found it sufficient, &c., except the iron door and window, which could not be procured.

November 23, 1778, the court ordered L25 to be paid Mary Rupe, wife of Nicolas Rupe, a soldier in the continental army, to relieve the distress of herself and seven children.

At a court held on Monday, March 22, 1779, a "Deed from Robt. Hill to the presbyterian Congregation was proved by the Witnesses & O to be recorded Tho. Brewster to pay fees."

Mary Sybert, widow of Chas. Fred. Sybert, a soldier who died in the service of the Commonwealth, being in indigent circumstances, with one helpless child, was allowed L30.

Elizabeth Shulenberger, widow of Geo. Shulenberger, deceased, late a soldier in the Continental service from this State, being in distressed circumstances, was allowed L30.

George Ruddle and George Baxter, having produced commissions from the governor, were sworn in as captains of militia.

John Herdman was sworn in as 1st lieut. and Thos. Gordon as 2d lieut.

Upon information lodged by Jacob Plumb, Nicolas Weatherholt as bound in the sum of L2000, with Martin Witsell as surety in the sum of L1000, for the said Weatherholt to appear before the grand jury in May to answer the charge of "conspiring & consulting the Destruction of the Commonwealth."

At the court continued March 23, 1779:

Rachel Cash, wife of Jno. Cash, a soldier in the service of the United States from this Commonwealth, being in distressed circumstances with two small children, was allowed L30.

Henry Peninger was bound in the sum of L5000, with Sebastian Hover and Henry Stone securities, each in the sum L2500, to appear before the grand jury in May to answer to the charge of throwing disgraceful reflections upon the Congress, and of speaking words tending to depreciate the Continental currency; and also to be of good behavior for a year and a day. Thomas Hicks and Nicholas Sybert were at the same time bound, each in the sum of L500, to appear personally before the said grand jury, to give evidence against the said Peninger.

Robt. Davis, Robt. Cravens, Andrew Johnston, and John Rush, having produced commissions as captains of militia, were sworn in.

Joseph Dictums was sworn in as ensign.

The court proceeded to lay the ordinary [tavern] rates as follows, to wit:

Monday, April 26, 1779.

"On the complaint of Henry Brewster agt. Gabl. Jones Gent for threatening to shoot him for taking his Horse by Virtue of Authority of Capt. Rush without showing his warrant on hearing the Complaint & the answer of sd Jones the Court are of Opinion that the sd Brewster acted illegaly & therefore dismiss the Complaint."

April 27, 1779.

"Francis Stevins produced a Certificate of his Freedom from his master James Mcvey who acknowledged the same it is ordered to be certified."

May 24, 1779.

Andrew Bird took the oath "of a Captain of the militia in this County."

Michael Bowyer produced a license from the governor, and took the oath of an attorney.

May 25, 1779.

Michl. Coger was appointed to take the list of tithables in his own company; William Nalle, in Capt. Frazer's company; George Boswell, in Capt. Rush's company; Wm. Herring, in Capt. Hewitt's and Capt. Cravens' companies; Gawen Hamilton, in his own company; Henry Ewing, in Capt. Baxter's company; John Thomas, in Lincoln's company; John Fitzwater, in Capt. Bogg's company; Anto. Reader, in Capt. Ruddle's company; William McDowell, in Capt. Bird's company; Daniel Smith, in Capt. Smith's company; James Dyer, in Capt. Davis' company; and Isaac Hinckle, in Capt. Johnston's company.

"On a majority of the Justices being present & conformable to a resolution of the Court in March last, for fixing a place for the Court house, the several members having proposed three different places a majority were for fixing it on the plantation of Thomas Harrison near the head of the Spring."

"John Davis, William McDowell, Jno. Fitzwater & Benj. Harrison Gent are appointed Commissioners to let out the building of a Court house of Stone 26 feet Long by 26 in Breadth one Story of 12 feet in higth with a partition at one End twelve feet wide to be divided into two Jury rooms with two angle fire places in each of the Jury rooms as also a prison built with Square Logs 12 Ins. thick in inside, 18 feet Square in the Clear & walled with stone 2 feet thick in the lower Story & the wall 18 Inches thick in the upper Story."

June 28, 1779.

Josiah Davidson, sheriff, being called on to undertake the collection of the taxes for the year, and having refused, was deprived of his office; and Abraham Smith, John Gratten, and George Boswell were recommended to the governor for consideration in filling the office. An express was to be hired to carry the recommendation to the governor, the expense to be paid by the sheriff out of the "Depositum" in his hands.

The commissioners appointed to arrange for the building of the court house and jail were empowered to choose a site of not less than two acres for the public buildings, and take deeds for the same in the name of the justices and their successors from Thomas Harrison, the proprietor, together with the liberty of stone and timber from the said Harrison's plantation for the said buildings.

On August 5, 1779, Thomas Harrison, Sr., and Sarah Harrison, his wife, in consideration of the sum of Five Shillings current money of Virginia, conveyed to Silas Hart, Gentleman, first justice "in the Commission of the peace" for Rockingham County, his associate justices, and thier successors, a tract of land containing Two Acres and a Half, for the sole use and behoof of the said county of Rockingham, upon which to build the Court House and other public buildings necessary for the said county. The tract of land in question had lately been surveyed by Mr. Gawin Hamilton, one of the deputy surveyors of the county, and was set and bounded as follows:

Beginning at a Cedar Stump near a Small Cedar thence North ten Degrees East twenty poles to a Stake thence South Eighty degrees East twenty poles to two Spanish Oak Saplins thence South ten degrees West Twenty poles to a post thence North Eighty degrees West Twenty Poles to the Beginning.

At a court held for Rockingham the 23d day of August, 1779, Thomas Harrison acknowledged the deed of bargain and sale for the lot in question, and the deed was ordered to be recorded. Teste Peter Hog, C.R.C. The record was made in Deed Book No. 0, page 291 - one of the volumes that were partly burned in 1864. (Footnote: For a copy of the original deed made by Thomas Harrison to Silas Hart and others for the county lot, I am indebted to Capt. Geo. G. Grattan, formerly judge of the Rockingham County Court.)

July 26, 1779.

Abraham Smith was sworn in as sheriff of the county, with John Gratten, Henry Ewing, John Henton, David Ralstone, George Chrisman, Francis Kirtly, and Jesse Harrison as securities. Gawen Hamilton and William Smith were sworn in as deputy sheriffs.

Francis Mcbride was bound in the sum of L1000, with James Calhoon and George Chrisman, securities, each in the sum of L500, to appear before the grand jury in November to answer the charge of speaking "words disrespectful to the Government & present Constitution." John Brown, James Floyd, and John Hinton were bound, each in the sum of L100, to appear in person to testify in the case of the said McBride. The bond of John Hinton was to secure the evidence of his wife, Estor Hinton.

The sheriff was ordered to pay the sum of L90 to James Butcher for going to Williamsburg and returning therefrom as express for the sheriff's commission - the said sum to be paid from the "Depositum" in the sheriff's hands.

August 23, 1779.

Upon information of Henry Peninger, Gerard Erwine was bound in the sum of L1000, with John Brown and Thomas Campbell, securities, each in the sum of L500, to appear before the grand jury in November to answer the charge of having "propagated some news tending to raise Tumult and Sedition in the State." The said Peninger was also bound in the sum of L500 to appear as a witness in the examination of Erwine.

"Abraham Smith Gent Sheriff protested against the Sufficiency of the Jayl."

Thomas Harrison acknowledged his deed of bargain and sale to Silas Hart and others, justices, on behalf of the county.

The sum of L50 was placed in the hands of David Harnet for the relief of Bridget Fowler, wife of John Fowler, a soldier from this county "on the Continental Establishment," the said Bridget Fowler, with three small children, being in distressed circumstances.

The sum of L20 was appropriated for Barbara Woolridge, and a like sum for Mary Rylie, wives respectively of George Woolridge and John Rylie, soldiers in the continental army.

H. Dever and John Dever were fined "according to law" for breach of the Sabbath.

August 24, 1779.

William Nalle, with Gabriel Jones and Daniel Smith as securities, gave bond for the due execution of the office of escheator for the county.

The sum of L30 was appropriated for Elizabeth Spikeard, whose husband, Julius Spikeard, and son George Spykeard, were soldiers in the U.S. army.

Vali. Sevier (Footnote: This was either  the father or the brother of Gen. John Sevier.) acknowledged deeds of lease and release to Robt. Rutherford.

The sheriff was ordered to pay to Wm. McDowell L93 15s. for the county seal.

The sum of L40 was appropriated for Ann Gum, the wife of Claypole Gum, a soldier.

The court proceeded to lay the levy: