USA > Virginia > Bedford County > Bedford County > Historical sketch: Bedford County, Virginia, 1753-1907 > Part 1
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M. L.
GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02341 246 0
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Historical Sketch
Bedford County Virginia
1753
: : 1907
J.P.BELL CO INC
GESICHERT PRINTERS OOK FINDEAS STATIONE 18.59
USA
1281089 Historical Sketch of Bedford County
MAY 13, 1907
On this day, three hundred years ago, the first English settler set foot on Virginia soil at Jamestown. At this spot, appropriate ceremonies are now in process of execution by our Governor and other officials.
Virginia extends greetings to her sons and daughters wherever located, to her sister States, and to all foreign countries, who unite in celebrating this, her tercentennial year.
Though scarce of territory, depopulated by cruel wars, scorched by the torch of invading armies, and despoiled of accumulating values, she invites a careful scrutiny of what she was, what she is, and what she will be, under the developing hand of modern thrift, and the touch of that vitalizing force, which is character- istic of the American people of to-day.
Bedford County is no exception to this result: We now pro- pose to give an approximately accurate picture of its history, location, climate, altitude, soil, products, water, scenery, markets, and undeveloped water power, in order to convey a description of this part of Piedmont Virginia.
We desire to induce good citizens from all sections to settle in our midst, to become identified with our people, and to be in immediate touch with the traditions, attractions, and prosperity of this richly endowed region.
1
4
HISTORICAL SKETCH
OUR HISTORIC HERITAGE
· In 1652 Surry County, adjoining Isle of Wight, was formed, and from portions of these two, the County of Brunswick was set apart in 1720. Lunenburg County was formed from Brunswick in 1746, and seven years later, Bedford County was formed out of Lunenburg. Bedford County was named in honor of John Russell, the fourth Duke of Bedford, who was Secretary of State of Great Britain from February 13th, 1748, to June 26th, 1757. Bedford County was formed from Lunenburg County by act of the House of Burgesses November, 1753, to take effect the 10th of May, 1754. To pursue the landed relationship of Bedford in connection, Campbell County was formed from Bedford, and Franklin from Bedford and a part of Henry, in 1784. In October, 1782, the General Assembly of Virginia passed an act establishing the town of Liberty, which in 1890 was changed to Bedford City.
Bedford, like her mother, gave her territory to adjoining counties (embracing thousands of acres), her county seat, New London, and a location for Lynchburg, now one of the wealthiest cities in the Union. A site of one hundred acres, to be called "Liberty," was donated to form the county seat of Bedford; it was located in the center of the present Bedford City, and was more commonly called "The Court House." This land was thickly set in heavy oak timber; naturally the first public building was constructed of hewn logs. In illustration of the primitive con- dition of things, we are told of a man who was summoned to go security for a prisoner ; in spite of wifely opposition he went. On reaching the log jail at a late hour, he found his own cow on the second story luxuriously supping on the sheriff's oats. The jail had been used as a feed store in the absence of prisoners.
Bedford, in imitation of the county from which she was severed, gave of her rich and productive territory to make adjoining counties. Campbell County-which includes the wealthy and pro- , gressive City of Lynchburg with her 20,000 of population-was cut from that territory on the southeast by Act of the General Assembly in November, 1781; and subsequently-in 1784-the county of Franklin was cut from the county of Bedford on the south side and from Henry County on the north side. Indian relics of a very marked type have been found in different sections of this country, and are highly cherished by many of its oldest inhabitants.
5
BEDFORD COUNTY, VA.
HISTORY OF THE COUNTY COURT
At the request of a committee of the board of supervisors of Bedford County, Virginia, the following sketch, which consists in a great degree of copies, verbatim, of the proceedings of the county court of the said county, has been prepared :
The court was held monthly, at a stated period, and was com- posed of resident citizens of the county, and appointed justices of the peace for the county; usually five of them constituted a court. It had, originally, chancery, common-law and criminal jurisdiction. It was well nigh a self-perpetuating body. When- ever one of them resigned, died, or removed, the remaining mem- bers would meet at the courthouse, at a term of the court, and elect a successor, who, on being recommended by the court to the Governor, was commissioned by His Excellency, and then ap- peared in court, and, on taking the oaths required by law, took his seat on the bench. This court system was, in great measure, destroyed in its usefulness by the State Constitution in 1851, which, thereafter, made its members elective and required com- pensation for their services. It continued, however, in a measure, until the adoption of the Constitution of 1869, when it was abolished and a county judge substituted. By the subsequent Constitution of 1903 the county court system was obliterated.
The county court judges were as follows :
First, John Austin Wharton, 1870.
Second, Micajah Davis, 1880. Third, Calloway Brown, 1892.
The last day of the court was the 29th of January, 1904, when it ceased to exist.
After the adoption of the Federal Constitution in 1788 a high court of chancery was instituted and held at Richmond, one judge only, elected by the General Assembly, presiding. In 1802 the State was divided into three chancery districts and a judge elected by the General Assembly for each district, and courts were held by each judge at the several designated places in the districts. Subsequently the State was divided into four chancery districts, and a judge elected for each by the General Assembly to hold the courts at the places designated in the several districts. This
6
HISTORICAL SKETCH
system continued until 1831. At an early period District Courts of Law were also established and a judge elected by the General Assembly for each district, and the courts were held at certain places designated in each district; one of the places was New London, in Bedford County. This last mentioned system con- tinued until 1809, when it was changed, and superseded by what was called "Superior Court of Law," and the judge (elected by the General Assembly) of each district was thereafter required to hold a term twice a year in each county in his district. This system continued until 1831, when the two systems (chancery and law) were merged into one and called "Circuit Superior Courts of Law and Chancery." In 1851 the name was changed to "Cir- cuit Courts," and the judges were required to be elected by the people of the respective circuits; but the elective provision by the people was abolished by the Constitution of 1869 and the judges were made elective by the General Assembly, and that provision was incorporated in the Constitution of 1903.
Memorandum: That at the house of Mathew Talbot, Gent., in the County of Bedford, on Monday, the 27th day of May, in the twenty-seventh year of the Reign of our Sovereign Lord King George II, etc., Anno Dom. 1754, His Majesty's Commission of the Peace of this County, under the seal of this Colony and Dominion of Virginia, bearing date on the 12th day of May, Instant, directed to John Pane, Mathew Talbot, John Phelps, John Anthony, William Callaway, John Smith, Junr., Zachary Isbell, Robert Page, John Sutton, Thomas Pullin, Edmund Manion, and Richard Callaway, Gent., was openly read as was in like manner his Majesty's Dedimus Potestatem under the said seal and of the same date for administering the oaths, &c. And there- upon pursuant to the said Dedimus the said John Pane took the usual oaths to his Majesty's Person and Government and took and subscribed the Abjuration Oath and also subscribed the test and likewise took the oath of a Justice of the Peace, and of a Justice of the County Court in Chancery, all which oaths were admin- istered to him by Zachary Isbell and Robert Page. Then the said John Pane administered all the aforesaid oaths to the said William Callaway, John Smith, Junr., Zachary Isbell, Robert Page, Thomas Pullin, and Edmund Manion, who took the same and subscribed the said Abjuration Oath and Test.
7
BEDFORD COUNTY, VA.
.
At a Court held for Bedford County at the House of Mathew Talbot, Gent., May the 27th, 1754.
Present : John Pane, William Callaway, John Smith, Junr., Zachary Isbell, Robert Page, Thomas Pullin, and Edmund Manion, Gent., Justices.
Benja. Howard produced a Com. to be Clerk of this Court and took the oaths to his Majesty's Person and Government and the Abjuration Oath and subscribed the same and the Test and took the Oath of his office.
John Harvey, Clement Reade, and James Cary, Gent., severally took the Oaths to Government, &c., and subscribed the test, took the Oath of Attorneys and admitted to practice in this Court and the said Reade also sworn his Majesty's Atto. Genl. in this Court.
[No court held in June, 1754.]
At a Court held for the County of Bedford on the 22nd day of July, 1754.
Present : William Callaway, Zachariah Isbell, Thomas Pullin, and Edmond Manion, Gentl.
A commission of the Peace from the Honorable Robert Din- widdie, Esq., &c., directed to Mathew Talbot and others, Gent .. as also a Dedimus Potestatem for administering the oaths, &c., were severally read. Whereupon the said John Sutton and Thomas Pullin administered unto the said John Phelps the oaths of Government and who took the same and repeated and subscribed the test. And then the said John Phelps likewise took the oath of a Justice of the Peace and a Justice of the County Court in Chancery. And thereupon the said John Phelps administered the said oaths of Government, &c., unto the said William Calla- way, Zachary Isbell, John Sutton, Thomas Pullin, Edmond Manion, Richard Callaway, Robert Ewing, and Joseph Ray, who took the same and repeated and subscribed the Test. And also took the oath of Justices of the County Court in Chancery.
Present : John Phelps, William Callaway, Zachary Isbell, John Sutton, Thomas Pullin, Edmond Manion, Richard Calla- way, and Robert Ewing, Gent., Justices.
Joseph Ray produced a Commission from the Honorable the Governor, &c., to be Sheriff of this County, who took the usual
8
HISTORICAL SKETCH
oaths to his Majesty's Person and Government and repeated and subscribed the Teste, and took the oath of a Sheriff and oath appointed by Tobacco Law; the said Ray having first entered into bond according to law, together with Obadiah Woodson, Turner Hunt Christian, Richard Burks, John Partree Burks, Ed- ward Watts, Jr., James Walker, Thomas Walker, Benjamin Orrick, Joseph Mays and John Goad, his securities, and to be recorded.
Ordered that the Sheriff wait on the Printer for 14 complete Bodys of the Laws for the use of the Justices of this County and that he be allowed for his trouble in bringing them up at the laying of the Levy.
Ordered that application be made to the Governor by the Sheriff for a writ of Adjournment to adjourn this Court from the House of Mathew Talbot to the House of William Callaway on the main road on Buffalo Run near his mill.
Ordered that the rates of liquor for the ensuing year for the County be established as follows and observed by the several ordinary Keepers, viz. :
Rum by the gallon, ten shillens, if good Barbadoes,
Punch by the quart made with loaf sugar.
1
3
New England rum pr. the gallon
4
Whiskie pr. the gallon
5
Bristol Strong Beer pr. the bottle.
1
6
Peach Brandy pr. the gallon
6
Maderia wine pr. the gallon
5
French Brandy pr. the gallon
20
Arrack by the gallon.
40
Virginia cydar pr. gallon.
2
English cydar pr. the quart.
1 6
A cold diet.
A hot diet with small beer.
6
Corn or oats pr. the gallon.
6
Pasturage for a horse 24 hours
6
Stableage and fodder pr. night
6
Lodging with clean sheets
1 6
[Note: The liquor rates were fixed by the Court from year to year for many years and finally abolished.]
8 1/ 2 1
Diet for a servant.
10
Claret by the quart.
9
BEDFORD COUNTY, VA.
Court held August 26th, 1754.
William Callaway agrees with this Court to build a Prison imme- diately on his land near the main road twenty feet by twelve, with square timbers the sides and upper and under floors, and with a partition, seven feet and a half pitch upon his proper costs, if the Court of this County should after being held at that place be re- moved and part of Albemarle on the south side of James River be added to this County and in case the said Courthouse should be established on the said Callaway's Land he shall be paid by the County for building the said prison, and ordered that the Court- house be established on the said Callaway's Land, if that part of Albermarle be added to this County and the said Callaway agrees to give the County one hundred acres of land at the forks of the roads whereon the prison and Courthouse are to be built, fifty acres of which the said Callaway agrees to make a fee simple to the Court when required, and the other fifty when he shall obtain a patent for the same and the said Callaway doth agree to find a rough house to hold Court in until the same be established.
Ordered that the next Court for this County be held at the house of William Callaway on the road below his Mill Creek.
[Note: The houses of Messrs. Talbot and Callaway were in or near New London Town.]
Court held November 25th, 1754.
His Majesty's Writ of Adjournment and Precept for adjourning this Court from the said Talbot's House to the Courthouse lately erected in the said County were severally read and the Court adjourned according to the command thereof.
Ordered that the Court be adjourned until to-morrow 10 o'clock at the Courthouse at William Callaway's.
Court held November 27th, 1754.
1754. A state of the County Levy.
Bedford County, Dr. to Tobo.
To Mr. Secretary Nelson. 581
To the Clerk for Ex-officio Services 1248
To the Sheriff his acct. for Public services 2693
To Clk. his acct. for sundry services. 0699
To Ben Howard for Wm. Hunter for record Books. 1091
To Mat. Talbot his acct., for dieting sundry prisoners 1200
Forward. 7512
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10
HISTORICAL SKETCH
Brought forward. 7512
To James Wilson his acct. for a guard over Timothy Shaw 585 To George Thomas his do. for Do. over John McFall 260
To Daniel Rains his Do. for Do. over James Hancock. 450 To John Talbot his Do. for Do. over James Hancock. 200
To James Ray as Goaler his acct. for 20 days dieting E. Watts ... To Giles Williams for one old Wolfs Head 26 June 1753, Z. I .... 100
200
To Richard Callaway Ass. of Ambrose Bryant for 1 Do. 13 Nov. 1754, R. C. 100
To Mark Coles Ass. of Thos. Rentfro for one old Do. 10 Nov. 1754, M. C.
100
To Wm. Irwin Ass. of Wm. Going for 1 Do. 29 Aug. 1754, Z. I ... 100
To Do. Ass. of Henry Tealer, for 1 Do. 27 Aug. 1754, Z. I. 100
To Do. Ass. of Mathias Mounce July 3, 1754, Z. I. 6 young wolfs heads 300
To Do. Ass. of John Philip Weaver for 2 old Wolfs heads, Sepr 7, 1754, Z. I. 200
To Mat. Talbot Ass. of Jacob Hendrickson for 1 old Do. 25 Sept. 1754, I. P. 100
To the Sheriff for his Commission for collecting, a p. ct. 619
To deposit to be accounted for at the next laying of the Levy 2574
CR. 13500
1754 By 500 Tiths at 27 lb Tobo, pr. Poll. 13500
Ordered that the Sheriff of this County collect from each of the Tithable Persons 27 lb. Tobo. towards defraying the Levy for this County.
[Note: The county levy was subsequently made annually.]
George White's Ear mark, a swallow fork in the left ear and a half moon under it and a slit in the right ear, ordered to be- recorded.
[Note: Such entries appear often on the Minute Book.]
Court held March 24th, 1755.
William Callaway, John Phelps, Robert Baber, Henry Tate, Francis Callaway, Benjamin Horsley, Mathew Talbot, Jr., William Mead, Joseph Ray, Charles Talbot, Mark Cole, and Charles Ewing, Gent., Vestrymen, came into Court and took the usual oaths to his Majesty's Person and Government and repeated and subscribed the Teste.
We the subscribers do subscribe to be conformable to the doctrine ·
VYO VCOV COOL C C
11
BEDFORD COUNTY, VA.
and discipline of the Church of England as the same is by law established.
William Callaway,
Henry 'Tate,
John Phelps,
Francis Callaway,
Wm. Mead,
Benja. Horsley,
Mat. Talbot, Junr.,
Charles Talbot,
Jos. Ray,
Mark Cole,
Robt. Baber,
Charles Ewing.
Court held June 23rd, 1755.
1
Ordered that the Church Wardens of Russell Parish bind out Jos. Richardson's children according to law.
[Note: Such orders as the above were customary.] Court held November 25th, 1755.
The Grand Jury returned and presented James Robinson for swearing and not having any further presentments to make were . discharged.
[Note: Prosecutions for profane swearing were not unusual and fines with costs were by no means unusual.]
Richard Callaway, Zachary Isbell and Ben. Howard are ap- pointed Trustees in behalf of this County, for William Callaway to make a deed in fee simple for one hundred acres of land in trust to them to be sold for the benefit of the said County accord- ing to a former agreement by the said Callaway and they are also impowered by the Court to lay off and sell the one hundred acres of land in lots or otherwise as this Court shall direct or order upon application by the said Trustees for the use of the said County upon such terms as shall be prescribed by the said Court for each lot or parcel of land and to make conveyances for the same in fee simple upon the sale of any part or lot thereof, and Ben Howard is appointed Treasurer to receive the money for the sale of any of the said land or to take obligations for the same as the Court shall order, and it is ordered that he be accountable for such money as he shall from time to time receive for the sale of the said land to the Court and pay the same according to the order of the said Court. And it is further ordered that the said Ben Howard be allowed by the said Court for his trouble in Draw- ing the said deed of conveyance to the said Trustees and receiving
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HISTORICAL SKETCH
BEDFORD UPLAND PASTURE
13
BEDFORD COUNTY, VA.
and paying the money aforesaid; and it is ordered that in case of the death or removal of any or either of the said trustees that the Court shall have power to appoint other Trustee or Trustees in the room of his or their death or removal to make conveyances as aforesaid.
Court held March 22nd, 1756.
Michael Poor and Susannah Poor in order to prove their right to take up fifty acres of land each made oath that they were im- ported from Ireland about 20 years ago into this Colony and that this is the first time of their proving the same which is ordered to be Cer.
Court held May 24th, 1756.
Paul Carrington, Gent., produced a commission to be King's Attorney in this County and took the oaths to his Majesty's Government, &c., and the Abjuration Oath and subscribed the Test and then took the oath to his office.
[Note: Mr. Carrington became a distinguished man, was one of the committee of safety appointed July 17th, 1775, and Judge of the Virginia Court of Appeals.]
Memorandum : That at the Courthouse of Bedford County, on Monday, the twenty-fourth day of May, 1756, his Majesty's Com- mission under the seal of this Colony, bearing date the 16th instant, directed to Mathew Talbot, and others, or any four or more of them to hear and determine all treasons, petit treasons, and murders and other offences committed or done by Hampton & Sambo belonging to John Payne of Goochland County, Gent. was openly read, as was in like manner his Majesty's dedimus potestatem under the said seal and of the same date for administering the oaths, &c., to the said justices, by virtue of which said Richard Callaway and Robert Ewing administered oaths, appointed by Act of Parliament, &c., and Mathew Talbot, who took the said oaths and repeated and subscribed the Test and also took the oath of Justice of Oyer and Terminer and thereupon the said Mathew Talbot administered the said oaths &c. to John Phelps, Richard Callaway, Robert Ewing, Mark Cole and Samuel Harstone, who took the said oaths and re- peated and subscribed the test and then took the oaths of Justices of Oyer and Terminer.
The Court being thus constituted, the said Hampton and Sambo
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HISTORICAL SKETCH
were set to the bar under the custody of Charles Talbot, to whose custody before they were committed on suspicion of their being guilty of the felonious preparing and administering poisonous medicines to Ann Payne, and being arraigned of the premises plead- ed not guilty and for their trial put themselves upon the court. Whereupon, divers witnesses were charged and they heard in their defence on consideration whereof, it is the opinion of the Court that the said Hampton is guilty in manner and form as is the indict- ment, therefore, it is considered that the said Hampton be hanged by the neck till he be dead and that he be afterwards cut in quarters and his quarters hung up at the Cross roads. And it is the opinion of the Court that the said Sambo is guilty of a misdemeanor, there- fore, it is considered that the said Sambo be burnt in the left hand, and that he also receive thirty-one lashes on his bare back at the whipping post; and it is ordered that the Sheriff do immediate Exon thereof, and that he be then discharged.
Memorandum: That the said Hampton is adjudged to forty- five pounds, which is ordered to be cer. to the Assembly.
[Note: The above judgment has been copied simply because it shows the necessity of the day. It is not supposed to have been literally enforced further than that the prisoner, Hampton, was hung. At that day negroes were ignorant, and at times, perhaps, barbarous ; and apparent evidence of certain, terrible punishment was necessary to make and keep some of them yielding, submissive, obedient, and dutiful.]
Court held March 29, 1757.
Deed from William Callaway and wife to Trustees of Bedford County, ordered to be recorded.
The Court doth order that the Trustees for the County lay out the land belonging to the said County in lots of half acre each, as long again as wide, to be sold for £1.1.8 each lot to be paid on pur- chasing the lot to the Treasurer of the County and that the said Trustees make a deed in fee simple to the purchasers with proviso that they build a house framed, twenty by sixteen, on such lot with- in one year after purchasing the same, and a brick or stone chim- ney within four years; otherwise, the said lot of land to revert to the County from the person failing to improve the same according to the said conveyance. And that the subscribers for the said lots
15
BEDFORD COUNTY, VA.
after being numbered draw for their lots at May Court and that the said Town be called by the name of New London.
[Note: The Town was beautifully located on elevated table land and commanded superb views of the Blue Ridge range of Mountains and the long spurs stretching therefrom in various directions.]
Court held August 27th, 1759.
The King v. Bryant, Compt. for divulging false News.
On hearing both parties ordered that the defendant be fined one thousand pounds of Tobo. and costs, and that the Sheriff take him into custody until he pay the same and costs and give security for his good behavior according to law.
Court held June 23rd, 1761.
. Leave is granted the inhabitants of Bedford County to build a meeting house on Sherwood Waltons land on the wagon road from the Peaks of Otter to Warrick.
Court held November 27th, 1764.
Booker Smith, who was summoned to appear at this Court to answer such things as should be alleged against him for speaking disrespectfully of the Court, appeared and sundry witnesses being examined and the said Smith heard in his defence. On considera- tion whereof, it is the opinion of the Court that the said Smith has offered a contempt to the Court in speaking several disrespect- ful words against several of the members of the said Court, where- upon, it is the opinion of the Court that the said Booker Smith be fined in the sum of ten pounds and costs. It is further ordered that he give security for his good behavior in the sum of 100 pounds with two securities in the sum of fifty pounds each.
Gross Scruggs, Paul Carrington and Booker Smith severally undertook for Booker Smith's good behavior according to the above order.
Court held March 26th, 1765.
The rates of liquor for this year are as follows, viz. :
Barbadoes rum p. gallon. 10
Wine p. gallon. 10
Bumpo with white sugar and 3 gills of rum p. quart. I French brandy p. gallon 10
3
Virginia Brandy 8 Arrack 40
.
16
HISTORICAL SKETCH
Virginia cider p. gallon. 1 3 Virginia strong beer p. gallon. 2 A diet with small beer 1 Diet for a servant. 6
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