Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 5

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607

USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 5

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We find in the minutes of this Term, evidence of settlements on Capon River,-this one entry being sufficient : "On petition of Noah Hamp- ton and others for a road from Noah Hamp- ton's mill into a road on Great Ca-Capon near James Coddy's Ftt, ordered that Jonathan Co- burn, Isaac Thomas, Peter Kuykendall and James Delheryea, or any two of them, view, mark and lay off the road petitioned for by the said Hampton &c., and make return of their proceedings to this court." When we consider in this day of rush and bustle, the brief period since Governor Spottswood proclaimed to the world what he had discovered beyond the Great Mountains,-we must be impressed with the quick attention people gave to his glowing de- scription of the wonderful land, abounding with game, studded with virgin forests, and watered with mountain streams. They seemed to be settling everywhere. On the Great Ca-Capon- we find they had a mill, and needed roads for a growing settlements, and mention Coddy's Fort, standing to this day-a suitable fortress-Na- ture's own formation-which answered well their purposes as a place of safety in defending the settlements from frequent attacks of roving tribes of Indians. This historical Rock, known to-day as "Coddy's Castle," offered nothing as a place

of safety from other hands during the Civil War. At same term, James Wood presented a bill for plank he bought of Isaac Perkins for use of the court.

We also have in evidence the first appearance of a "Pedlar," in Frederick County; and it might be well to give a copy of the order: "John Dooues on his motion is permitted to Trade as Pedlar in this Colony, he having paid the Gov- ernor's fee and together with Thomas Ruther- ford Gent, his security entered into Bond ac- cording to law and acknowledged the same, the said Bond is admitted to record." The Pedlar in that day was a much needed trader in the Colony-and most likely, as he sold his wares, he proved very often an interesting visitor; for he travelled from settlement to settlement; and no doubt his news of the distant neighbors, as he imparted it, was of much interest to his will- ing listeners. At the same court, License was granted for the first Ordinary-or House of En- tertainment, in the county. "On the petition of William Hoge, Jun. for leave to keep Ordinary at his House in the County, License is granted him for one year, he having paid the Governor's fees, together with James Wood Gent, his se- curity, entered Bond according to law." Where this first "Ordinary" afterwards called "Tav- ern" was located, we only have to find he was located and is shown in his deed, as being about where Kernstown now stands, and very near the old Opeckon Church.

Second day of same term, January, 1744, Pat- rick Riley, was granted a similar license, also Tomas Hart, Lewis Neil, Andrew Campbell, and Morgan Morgan were granted licenses to keep Ordinaries at their respective houses, all located in the county, and were required to "fur- nish lodgings and food and Liquors at prices fixed by the court."

We have more attorneys appearing at this term, offering their services, viz .: William Rus- sell, John Quinn and Gabriel Jones,-having taken the oaths, took their places at the Bar. On another day of the same term, William Jol- liffe and Michael Ryan appeared and having tak- en the oaths, took their places at the bar; one Constable was appointed for each Justice-Ben- jamin and Robert Rutherford qualified as Deputy Sheriffs. Business for Lawyers and Constables came very fast ;- many petty depredations com- plained and actions to recover from some fleeing debtor,-all small amounts, however. No crime of any importance. When these cases were ex- amined by the court "and evidence being suffi- cient," the defendants were committed to Jaoil until they could furnish security for their ap-

CARTMELL'S HISTORY

pearance "before His Magestys Court holden at Wms Burgh." No trial of felony by the new court. The first Coroner for the new County was qualified, he having produced his Commis- sion from the Governor, dated Oct., 1743. At this Term, we have this about the first Ferry- the County Court takes interest in. Such grants may have been made by the Court at Orange: "John Kersey by his Petition set forth that by an order of Orange county Court he had leave to keep Ferry over Sherandoe river near the wagon Road where he liveth, and Prayed leave to continue the said Ferry; Its ordered that same be continued accordingly." Upon enquiry, we are led to believe that this Ferry was below Front Royal. However, we will let some des- cendant of the enterprising Mr. Kersey follow this out. Another road is requiring attention of the Court,-thus showing that the settlements were desirous of opening communication with each other,-bringing about much intercourse and trade; and to locate these sections for the reader of to-day, we give a few orders of Court, which show in some cases a little light that may do much to answer inquiries from so many per- sons to know. "If the old Plantation still stands on the old wagon Road from Winchester to other parts; that their ancestors had often told them of such old places they left behind them when they sought new homes in the West."

"On petition of John Wood, it is ordered that John Hardin, Samuel Timmons, and Edward Rogers, or any two of them, view the Road from Blue Ball to Ashbies bent branch and make Report." "On petition of Patrick Riely, its or- dered that the Road be cleared from the head of the spring by The Chappel to Johns Evans, as it has been formerly laid off by order of Orange Court," where this Chappel was in 1743, (We will treat this under the head of Churches, etc.)

"On petition of Thomas Province and others for a Road from John Frost's mill to the main road between John Littlers plantation and John Millburns"-Ordered John Littler, William Dil- lon, and Joseph Burchham-lay off the same &c."

An order was made at this term requiring Ordinary keepers to sell "Liquors" at same rating granted by the Orange court-to continue until a rating is fixed at the next Mch ct. Richard Morgan moved the court to "discharge him from the bond as surety for Elizabeth Perkins, as she was squandering away the estate of her Father," the bond having been given in the Orange court-The case was continued to next term,-when we find the Court repremanding Mr. Morgan for having made statements to the

court without first ascertaining what the Orange Court would show, and confronted him with a copy of a satisfactory accounting by said Eliza- beth-of her administrators estate, and that he be adjudged to pay all costs of this enquiry. At the next term, Feb., 1744, we find another road is needed. The minute is copied to show the locality, "Ordered that George Bowman, An- drew Falkenborough and Robert Mckay Junr- view and lay off the road from John Funk's mill across Cedar run Creek ford, to the said Robert Mckay's junr and to Branston's Gap, according to the petition of Jacob Teeters." At the next term we are informed of the localities through which this road passes. This minute is entered; George Bowman and Robert Mckay, jur .- made their report for viewing and laying off the road from John Funks mill,-"have laid off the road from John Funks mill back of George Helm's, and from thence to Cedar Creek ford and Rob- ert Mckays, thence Gregories' ford upon the River." "George Dellener, (Dellinger) Robert Mckay, and George Bowman, appointed Over- seers." In the report of commissioners to open the road from Funks Mill to Chester's Ferry, to where the road takes off to Manassas Run,- Jacob Funk, overseer, seems to be another road, heading from Cedar Creek Settlements towards the Manassas Settlements, than the road petition- ed for in the first minute given. At the Febru- ary term we find a long order, directing John Littler-the Yorkshireman and Wm. Dillon to lay out the road from John Frosts Mill to the main road between Littlers and Millburns, in these words :- "We have laid off the road from Captain Frosts mill thence to Buffler-lick, thence to the Backside of John Bossers' field, thence to David Shringers, thence to the usual ford, thence on east side of Wm. Frosts' Plantation, thence along a good Ridge by a course of marked trees to Matthias Elmores, thence along said Elmores creek to the head-the best conveniensts way that can be had by widow Dillons, by the said marked trees to the main road leading to Rap- pahannock-between John Littlers and Mill- burns." This road started from the settlements along Red Bud and that part of Opecquon Creek, passing them, and now found on the two streams in that section, crossed the Opecquon at Dix's Ford, at the farm now owned by Lucien Carr, of Win- chester, and thence along the main road leading to one of the gaps in Blue Ridge. We think it well to take some space along the line of opening roads,-because in this simple way we locate many families, giving their names in the petitions and orders; and may thus awaken en- quiry and such investigation along such lines,

OLD FREDERICK COUNTY

that will tend to unravel many mysteries sur- other Jurymen named) who being Tryed and rounding the old ancestors regarding their homes, sworn to try, &c., &c., one of the Indictments for a Felony, etc." At this term occurs an incident that will be of interest to many, as it meant much to the whole "Population," as we have occasion to treat more fully under head of Churches, etc. etc. The road asked for at a former term,- to run through the Ca-Capon country, is heard from again at this term. The Report, which was confirmed,-says "that a road from the north Branch of Ca-Capon to James Cody's is needed."

Here is authority shown by the Court in the matter of handling Liquors. It seemed to be much needed in that day so that the retailer of the beverage should be regulated to suit the re- sources of those who cared to indulge in a so- cial glass; the long order will be abbreviated. The court fixed a price on every class of drinks; and a very important rule was made: the bever- ages must be pure, and were to be inspected regularly. We may infer that the honorable Justices placed this burden on themselves; for they failed to name the inspector, possibly one of the at- torneys relieved them; for it will be seen later on that Gabriel Jones and his lusty friend of the Emerald Isle were concerned about the wel- fare of those who handled the spirrits; Heavy bonds were required for a full compliance with the law.

February 11, 1744, Gabriel Jones was recom- mended as Kings Attorney, and proceeded to prosecute-Dooues for assault and battery on one Samuel Isaacs; the first trial in the new court. March Court, 1744-Henry Munday was admitted to practice law. The Clerk was directed to pro- cure from England setts of standard weights and measures. One of the new attorneys, Mich- ael Ryan, was debarred the practice of law for two months, for "drunkenness." At this term, March 10, Gabriel Jones presented his commis- sion as Kings attorney for this court; and having taken the oaths of office-which were very bind- ing and impressive-we soon find him busy pros- ecuting every offender of the law, and became such a successful prosecutor,-that page after page of the old minute books for a long time are taken up in recording who the offenders were, nature of the offense, and ultimate results of many interesting trials. The efficient Kings Attorney not only changed the order of the trans- gressors living, but had the court adopt the new style for computing time-or at least the change was made, and from that time courts began the year on the first day of January in- stead of the first day of April. At the April term, 1744, we have the first mention of a Jury, which was called to actually try a "charge" of Commonwealth versus Michael Ryan, for assault and battery. The minute reads thus : "This day came the parties by their attorneys, and a Jury also came, to wit: James Hoge, foreman, (no

"Ordered that the Clerk of this court write to his Hon., the Governor, for a power to Choose a Vestry for the Parish of Frederick, in this County."

The Court having in their first experience found the Jury system some relief in deciding questions of facts,-the Hon. Justices to pass upon the law points-we find them ever ready to call a Jury. At another day of this term we have for the first time the names of a Jury, and give them here as a matter that may be of interest to some ; Edward Rogers, Robert Allan, Thomas Cherry, Thos. Berwick, Morgan Bryan, John Bruce, Peter Woolfe, John Olford, George Hobson, Colbert Anderson, Gerge Martin, James Bruce, James Hoge, Robt. Smith, John Linzey, John Hite, Francis Ross, Samuel Isaacs,

Robert Willson, William Davis, Jno. Frost, and John Richardson; they were all land owners. This gives the reader the names of families then resident of the county, and he may get a clue to his old ancestor.

"At the May term (11) 1744, a Commission from Governor Gooch-was presented to the court by the Clerk. This was the appointment of the Justices for ensuing year, the old Jus- tices being reappointed and others newly com- missioned. We give the names of the new Jus- tices : Thomas Little, John Linzy, Jacob Hyte, Thomas Swearingen, Israel Robinson, Solomon Hedges. The first Grand Jury for the county was summoned for this term. Their names and their findings, are given in full and show many new names coming to the front to make history for the county :- John Hardin, foreman; Robt. Allan, George Hobson, James Vance, John Wil- cox, Peter Woolfe, Isaac Pennington, David Logan, Robert Worth, Joshua Hedges, Robt. Willson, Samuel Norris, Hugh Parrell, James Hoge, Jacob Niswanger, Charles McDowell.

The following persons were indicted "for sell- ing liquors without License : Robert Craft, James Findley, Shinn, and Cuthbert Harrison, and James Burns, a Constable, for swearing oaths and otherwise disturbing the peace and dignity of the Community; Jonathan Curtis, for plow- ing on Sunday;" the old Justices seemed deter- mined to maintain a rigid observance of the Sabbath. Noah Hampton, who succeeded at a former term in having a road opened from his mill on Great Capon, was presented for taking

CARTMELL'S HISTORY

more toll from his customers than the law al- To James Wood, Clerk, extra services

lowed. One other deserves special mention, and the minute is copied: "We present Coll. James Wood for getting drunk and swearing two oaths within six months." It is surmised, the Clerk was then reformed, as in his long service after, he was noted for his dignity and decorum.

"June term-8,-" Duncan Oguillion was grant- ed a license to keep an Ordinary, and since he was awarded the contract for building the jail, we may assume he was a resident of the village. It appears later on that Duncan partook too freely of his refreshments; for we find him imprisoned in the jail he had recently built. At this term we find the Sabbath-breaker, Jonathan Curtis, in deep trouble. He was indicted for writing and publishing several articles against the Es- tablished Church. Evidently this Quaker was not willing to be governed in his new field of freedom. At the same court we have this inci- dent: Rev. Wm. Williams was fined 4 pounds and costs, to pay for "joyning in the holy bonds of matrimony, several persons, he being no or- thodox minister," the minute shows that he re- sented the unjust action of the court, and he was fined 26 shillings for "behaving indecently be- fore the court." Doubtless he was a visiting Presbyterian minister, and joined in wedlock some of the Scotch-Irish in the vicinity of "Old Opeckon" meeting house. The Church of England at that time recognized no Ministers other than those ordained by that Church; as by reference to chapter on churches is more fully explained. On the same day, two Attorneys in- curred the displeasure of the justices,-the court fined James Porteous and John Quinn for "indecently behaving and swearing before the court;" caused by disagreement of the at- torneys over the trial of a case. At this term, the first naturalization papers were granted; Peter Mauk, a German, being the first. He was one of the Adam Mueller Settlement in the "Massanuttin" region, fully treated elsewhere. Not long after this act of the old settler, quite a number of Protestants appeared and sub- scribed to the oaths prescribed by Acts of Par- liament. Some of their names are given; Philip and Michael Boucher (afterwards written Boogher) ; Henry and George Lough Miller, Valentine and Christopher Windle, John Har- man, George Dellinor, John Frederick, V. Helm. One of the minutes of this term must be given by reason of the significant allusion to where the first Courts were held: The court laid the first Levy at this term and specified how the same should be distributed :

tobacco 1248 1b

as per account . 2015 "

" same for four record books and one law book from Wm-burgh 8 shill- ings or 128 “

" James Wood, 6 Webbs Justices for use of county £3, 5s. or 1040 "

" Mr. Secretary Nelson 670 '

" James Wood, for use of Court house, £4, or . 1280 “

" Thomas Rutherford, Sheriff-extra services I248 " as per account 20923 "

" Isaac Perkins for 526 feet of plank for use of court house. 315

" Gabriel Jones as Kings attorney .. 2000 "

" John Bruce, for building the Stocks & Pillory 1840 "

" John Harrow, for iron work on Stocks & Pillory 320'

" James Porteous, for public services

" Andrew Campbell, pay for three men going to South Branch concern- ing Indians 960 “

" John Jones, constable 211

" James Wood, for standard weights and measures 5440 "

" George Home, for running dividing line 24416 By 1283 tithables at 59 lbs, Tobacco per poll 75697

1000 "

This minute is a valuable record, showing the number of persons who had been found by dili- gent officers and required to pay the poll tax. The number 1283 shows the county to be sparse- ly settled; for it must be borne in mind, the old County had not yet been subdivided, then again that Tobacco was a staple crop, and also a legal tender. The minutes will repay careful reading and study. The minutes of court for several subsequent terms contain many interesting in- cidents. We will add this minute, "Mr. James Wood produced his commission as Surveyor, signed by the President and Masters of William and Mary College." At this term George Home surveyor of the county, made return of his report. "That he had run the county line ac- cording to an order of this court, marking the Augusta line, same is admitted to record." The writer has been unable to find this record. The original was returned to Williamsburgh and later destroyed by fire in Richmond. This court for the first time made an order for having person- al property "Listed for Taxation;" and certain of the Justices to take these "Lists." Later on, the office "of Comr. of the Revenue" was created,

OLD FREDERICK COUNTY

-but we find Justices continued to perform this service-of course they were not required by Statute to perform it. They seemed to treat the office as one of the emoluments of the Hon. Court. This was the case in the office of High Sheriff; the senior Justice always being named by the Governor for this office after the Justices had formally recommended one of their number for appointment. This gave the court the right to pass upon the fitness of their President. We find the court asking the High Sheriff to re- commend several persons for Deputies; the court would then appoint one of the Justices who seemed willing to help along, for many were needed to serve processes in the sparsely settled country :

At the October Term, 1745, we have this minute to show how work on the public build- ings is progressing :

"Levied to James Bruce for mending the seats in the Court house to be paid in Tobacco 64 pounds

To John Littler for plank for prison .. 8901/2

" Marquis Calmes for iron work on the Prisons 3200 "

" Duncan O'Guillon for work on Goal, tobacco 6400

" Hugh Campbell for digging the Dun- geon of the Prison II20

We are unable to account for the distinction between the Prison and Goal, doubtless the one building embraced both. From the next item, we infer the Justices were fortifying their judi- cial positions ;

"Levied to Giles Chapman for bringing to the court 13 Acts of Assembly." The foregoing min- utes clearly indicate a completion of the Jail or prison just prior to this term. Norris in his History, gives the date of completion Septem- ber 8th 1748, (an error;)

The Court held Monthly terms; and from this period each term indicated new settlements springing up, to receive attention from the courts. The tide of immigration had turned towards the famed country lying South of the "Cohon- guruta," where families were seeking homes West of the Blue Ridge. As has already been said, petitions for opening roads were pouring in at every term; and the ten years succeeding this term from which the last minutes were gathered, witnessed enormous development, A full list of roads opened prior to 1753, is given in chapters on the topography and physical fea- tures of the County. The court was also grant- ing mill rights on the various streams. A num- ber of superior mill sites were soon appropriated; and rude, but useful structures sprang up in

all sections. We will try to locate the more prominent as this study progresses. The nucleus for villages being formed will be located- Churches or Meeting Houses were going up which will be found in Chapters on Churches. The Field notes of Washington show many sur- veys for tracts of land which were returned to Court, and ordered to be recorded or filed. Deeds were then made to many settlers at vari- ous places, extending from the Shenandoah to Great Capon, and along South Branch, Some were located in what is called, "Washington's Pattersons Creek Survey," embracing many thousand acres. Many found homes in what was known as "South Branch Manor," the old sur- veys are very instructive. They locate the tracts, names of grantees, and dates of entry. As it may serve to show who many of the arrivals were, brief notices of the names and regions where they settled about 1749-50, will be given, though some doubtless had erected the squatters cabin several years previously, and waited for some Lord of the Manor to come and give them title. Some names appear with surveys, who had other tracts and resided on such as the very earliest settlers. Andrew Campbell, one of the Justices, lived in the vicinity of the Baths northwest of Winchester; George Wm. Fairfax, survey for land on Long Marsh, John Anderson on same, -- Captain Thos. Ashby on Shen. River above Bur- rells Island, Henry and Robt. Ashby on the Fair- fax Road, Jas. Blackburn lived on his land on Long Marsh, Capt. George Neavill had survey on Long Marsh, Thos. Colston's survey on same, John Cozen's on same, Richard Carter for sev- eral large tracts on same, Isabella Jump, survey on same, John Vane and John Madden at Joe's Hole on Long Marsh, Saml. Isaacs and Isaac Pen- nington on Long Marsh, Thos. Johnston owned land on same, adjoining Col. Blackstone; George Smith, on the same; Jeremiah Wood, Patrick Rice, Nathaniel Daugherty, John Loftin, Hannah Southerd, Maj. L. Washington, had surveys on Long Marsh made by Washington and his chain carriers. Long Marsh has ever been noted for its fertile soil and Colonial Homesteads, and is to- day the name of one of the Magisterial Districts in Clarke County. The Bullskin Creek offered attractions for the following named persons, who were settling in that section, and the Washing- ton surveys, embraced them. Henry Bradshaw, Lawrence Washington, Marquis Calmes, the Jus- tice; Richard Stephenson, Wm. Davis; G. W. Fairfax; Joshua Haynes, George Johnston (in another tract he is mentioned as Capt. George Johnston) Thos. Lofton, & Dr. James McCor- mick are mentioned as "abutting owners" to

CARTMELL'S HISTORY

Capt. Johnston's tract. Johnston sold his tract to George Washington. Patrick Mathews was on the South side the Bullskin; Capt. Isaac Pen- nington, mentioned as a resident, on the Bull- skin :- Washington in his notes says, "I lodged there, the first night in first survey cam- paign," and Anderson Pitts had been pre- viously on his patent, also Capt. Thos. Ruther- ford "was seated and desired no survey," like- wise Nathaniel Thomas, also Saml. Walker (written in notes Waker,) Robt. Worthington was on a large grant. The following surveys were along the Shenandoah River; Robt. Fox, Edward Musgrove, George Neavill, adjoining Wm. Vestal who owned the Vestal Iron Works at base of Blue Ridge; Saml. Knisman, Henry Enoch, John Newton; Henry Harris's survey near the "Manor Line," "John Vestall, previous- ly seated on Pattent." The following named persons had surveys made them on the South Branch. Washington, says John Collins had . settled in the Manor-near the Indian Village (North of site of Moorefield,) and that he and Mr. George Wm. Fairfax spent the night with Collins. This note also appears "James Rutledge was settled about seventy miles above mouth of South Branch, where they spent a night. Mich- ael Stump, Henry Venable, need surveys, for lands settled on prior to 1748. This note is dated April, 1758. The young surveyor evident- ly made one mistake in his life; for at that date, Col. Washington was in the Fort Duquesne cam- paign, and also interested in his election cam- paign on his return in June. This survey must have been made in 1753, while on his surveying expedition. In same note book this appears: "surveyed a tract of land-acres for William Baker on Lost River, November 10, 1749, which adjoins Barnaby McHandry," John Kinson had his survey on Lost River, several surveys are mentioned. Jonathan Arnold and David Woods

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Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 5

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920 Publication date: 1909 Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.] Number of Pages: 607

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607