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Frederick County Established

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compiled by Jim Moyer 1/30/2019

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Frederick County’s Original Officers of the Court

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On Tuesday, November 14th, 1743, eight persons took the  magistrates’ oath, and composed the court. Morgan Morgan and David Vance administered the oath to Marquis Calmes, Thomas  Rutherford, William M’Mahon, Meredith Helmes, George Hoge  and. John White.

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These, in turn, administered the oath to Morgan  Morgan and David Vance. James Wood was made Clerk of the  County, and Thomas Rutherford, Sheriff. James Porteus, John  Steerman, George Johnston, and John Newport, gentlemen, taking  the oath of attornies, were admitted to the Bar.

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Winchester was  the county seat. At the second meeting of the court, December  9th, 1743, the will of Benjamin Burden, who had been named as  magistrate, was proved.

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Barnet Lindsey received twenty lashes on  his bare back, at the common whipping-post, for stealing’ two pieces  of venison from the milk house of Thomas Hart, adjudged to be  worth two pence: Henry Howard, servant to James M’Crachan,  ‘was adjudged guilty of a misdemeanor, on charge of stealing a mare  from Samuel Glass, and received ten lashes on his bare back,  December 10th.

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In another case of horse stealing — or rather horse  riding — taking a man’s horse without leave, and riding off on a  visit for some days — the defendant had his choice of twenty lashes  or fifteen shillings fine : the same Henry Howard was complained  of by his master, James M’Crachan, that he had been absent eleven  days, and that in finding him and bringing him back, the expenses  had been twenty shillings, and one hundred and fifty pounds of  tobacco ; and the court ordered that he serve six months and four  days for his runaway time and expenses, after the expiration of his  time of servitude according to law, unless he could otherwise satisfy  his master.

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In March, 1744, ordered that James O’Neal keep the  Court House clean, and attend on court days to take care of the  Justices’ horses during a twelvemonth, for which he is to receive  from the county levy £23 15s. current money.

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The above is from:

Sketches of Virginia : historical and biographical  by Foote, William Henry, 1794-1869, Published 1856, pages 17-18

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FREDERICK COUNTY VA CREATED 1738

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Frederick County  and Augusta County, named for Frederick Louis, Prince of Wales, and his Wife, Augusta,  were created from western Orange County by the Virginia House of Burgesses.

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AUGUST 1, 1738 – Wrong

Virginia state history signs all say 1738. But the caption under these signs state August 1, 1738.  This is incorrect.

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http://www.markerhistory.com/tag/frederick-county/

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This might be a mixture of matching wrong date with year.

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Lt Gov William Gooch had called elections for a new assembly.  They were then elected and called to meet on August 1, 1735, but did not actually meet until August 5, 1736.

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Source:

https://babel.hathitrust.org/cgi/pt?id=uva.x001603225;view=1up;seq=31 

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DECEMBER 21, 1738 – Correct

This site states  December 21, 1738 instead.

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http://www.co.frederick.va.us/visit/history-of-frederick-county

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That date  of December 21, 1738 appears to be the closest to the actual day the law was passed if you use the last date of the Assembly’s 2nd session.

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The Assembly of 1736 to 1740 (Page xxvii) had 5 different sessions passing laws.

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The 2nd Session of 1 Nov 1738 to 21 Dec 1738 (Page xxix) shows Frederick County and Augusta County was created in this 2nd Session (Page xxxi).

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Henning also confirms the start of this 2nd session as 1 Nov 1738.

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For the law creating Frederick and Augusta Counties, see: November 1738, Volume V,  Chapter XXI, pages 78-80.  See Link 1   See Link 2, then CTRL F to find FREDERICK .  You will see the heading: LAWS OF VIRGINIA, NOVEMBER 1738−−12th GEORGE II.

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What this means is the 12th year of King George II reign, not November 12 as has been mistakenly inferred.

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October 23, 1743

James Wood appointed Clerk of Court for Frederick County, recorded in Orange County.

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FREDERICK COUNTY ESTABLISHED 1743

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Although created in 1738,

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“the said new counties and parishes shall remain part of the county of Orange, and parish of Saint Mark, until it shall be made appear to the governor and council, for the time being, that there is a sufficient number of inhabitants for appointing justices of the peace, and other officers, and erecting courts therein, for the due administration of justice;”

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Source: Page 79 Henings statutes

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And that didn’t happen until 1743 when Frederick County became independent of Orange and established a court with officers.

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The Court for Frederick County VA was held at Orange Court House from 1738 until 1743, when it was transferred to Winchester.

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“Mentioned in the Court Order books as Col. of horse and foot in the Colonial  Line, “and as County Surveyor in 1734;”  special order appears in the minutes  of 1742 in connection with Col. John Lewis, Major Morgan Morgan, Captains  Andrew Campbell, Thos. Rutherford, Lewis Neill, Lt. Jacob Hite, Thos.  Swearingcn, and many others who became prominent in Frederick County when the  first court was organized.”

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See link, then CTRL F to find JAMES WOOD

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Source: Shenandoah Valley Pioneers and Their Descendants, A History of Frederick County, Virginia (ILLUSTRATED)
From its Formation in 1738 to 1908 Compiled Mainly from Original Records of Old Frederick County, now Hampshire, Berkeley, Shenandoah, Jefferson, Hardy, Clarke, Warren, Morgan and Frederick…..by  T. K. Cartmell Clerk of the Old County Court

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