Frederick County (Va.) Free and Enslaved Records, 1761, 1795, 1820-1861

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888
Restrictions:

The bulk of the Frederick County (Va.) Free and Enslaved Records, 1761, 1795, 1820-1861, are digitized and available through Virginia Untold: The African American Narrative Digital Collection on the Library of Virginia website. Please use digital images where possible.

Terms of access:

There are no restrictions.

Preferred citation:

Frederick County (Va.) Free and Enslaved Records, 1761, 1795, 1820-1861. Local government records collection, Frederick County Court Records. The Library of Virginia, Richmond, Virginia.

Summary

Creator:
Frederick County (Va.) Circuit Court.
Language:
English
Preferred citation:

Frederick County (Va.) Free and Enslaved Records, 1761, 1795, 1820-1861. Local government records collection, Frederick County Court Records. The Library of Virginia, Richmond, Virginia.

Background

Scope and content:

Frederick County (Va.) Free and Enslaved Records, 1761, 1795, 1820-1861, consist of "Free Negro" Tax Records, 1851-1861; Patrol Records, 1820-1860; Runaway Records, 1821-1845; and additional single items, 1761, 1795, 1821-1851, undated.

"Free Negro" Tax Records, 1851-1861, are comprised of five lists of "free Negroes" hired out for the non-payment of taxes, 1851-1855; six lists of "free negroes," or "free negroes" over 12 years of age, 1851-1861, compiled for tax purposes; and nine lists "free negroes" delinquent in the payment of their taxes, 1851-1860. To varying extents, the lists record each person's name, as well as their age, sex, residence, occupation, and the amount of tax owed.

Patrol Records, 1820-1860, undated, are comprised of patrol accounts, claims, and returns. The records, to varying extents, document the names of the patrollers, the dates/hours they patrolled, the compensation they received, and, in some instances, the area(s) to be patrolled. Generally, patrols were instructed to "visit within the bounds of the said County at least once a week all negro quarters and other places suspected of having therein unlawful assemblies." Additionally, these records include an order directing a patrol be established in Myers Mill.

Runaway Records, 1821-1845, are comprised of the following documents:

Affidavits, 1835, describing the self-emancipation of Nelly, Harriett, Juno, and Rozen from Notley C. Williams [see the two-part series written about Nelly, Harriet, and Juno on the UnCommonwealth blog]. Rozen was captured and jailed in Fairfax County, and was subsequently sold by Williams.

Certificate, 1821, which stated that Cyrus was a runaway. Filed alongside the certificate is a newspaper advertisement asking that Cyrus' enslaver "come forward," and a receipt for the cost of said advertisement.

Certificate, 1832, verifying that Harrison, suspected of self-emancipating from Thomas Castleman, was apprehended in Hampshire County [now Hampshire County, West Virginia].

Claim, 1844, stating that an unnamed "negro" had been hired out to pay for the court's advertisement of him as a runaway.

Orders, 1824-1834, to value William Lucus, Edward, Jane, John, Tom, Sam (2), Betsey, Thomas, and Jesse, who were confined to jail as runaways.

Order, 1834, to sell John Harris, who was confined to jail as a runaway and had yet to be claimed. The order is accompanied by a report of sale.

Report of jailer, [1827?] [1837?], related to John.

Report of sale, 1845, of Jerry Garrison, who was brought to Frederick County from Pennsylvania.

Report of valuation, 1825, for Bob, who was confined to jail as a runaway.

Additional single items relating to the documentation of free and enslaved Black and Multiracial individuals in and around Frederick County, Va., include:

Two agreements, 1821, in which Abraham Hiswander sold Christena and Aaron to George Ritenour. As part of the agreement, Hiswander required Ritenour to emancipate Aaron, as well as Christena and her descendants, "as they Respectively shall Arrive at the Age of Thirty."

Certificate, 1836, verifying that James fulfilled the terms of his apprenticeship indenture. It contains a brief physical description of James and states that he was born free.

Certificate, undated, which includes a description of James Baker.

Certificate, 1851, verifying that an unnamed man (presumably Joseph S. Canon, which is written on the back of the certificate) and Hannah, the woman he wished to marry, are free.

Certificate, undated, stating that William Spindall conveyed Rachel, Washington, and Milly Ann to Augustine Green in 1817. According to the certificate, they were to be emancipated by Green after they reached the age of 32.

Certificate, 1845, verifying that Joseph Miller had never received free papers from the court.

Certificate, 1833, in which Stephen M. Johnson stated that he knew Regin (or Benjamin), who was enslaved by Watty C. Williams, and claimed that he was an "an unproffitable [sic] hand."

Deposition, 1761, of George Harries (or Haires) regarding Catherine Smith, a woman enslaved by Benjamin Rutherford who had either self-emancipated or been taken by a solider.

List, 1829, of enslaved persons given to Mariah, Margaret, and Emily Funston, the wards of M. Taylor. The following enslaved persons are named: Israel, Cathrine, Washington, Emily, William, and Mary.

Relinquishment, 1846, wherein Harriet Hayne, Catherine Pery, John W. Bradley, and Mary W. Bradley relinquished their "title, right, and claim" to Caroline, an enslaved woman, to George S. Hayne.

Will, 1795, of Nathaniel Mabry of Greensville County, who instructed that all enslaved persons distributed amongst the family members named in his will were to eventually "be free and at their Liberty." The majority were to be emancipated when they reached the age of 25 or when the family member to whom they were given died. The following enslaved persons are named: Sam, little Cate, Rhoda, Moses, Aaron, Creasy, David, Cate Senr. [Senior], Doctor, Phebe, Fed (or Ted) (2), Ezabell, Grace, Aggy, Ephraim, Ruffin, Dick, Harry, Briton, Sarah, Pompey, Lucy, Squire, Betty, Jenny, Dinah, Amy, John, George, Sintha, Molley, Milley, Cloe, Jacob, Dorcas, Silvey, Fanny, and Andrew.

Biographical / historical:

Context for Record Type:

Free and Enslaved Records

The Free and Enslaved Records collection is comprised of miscellaneous records related to the regulation and policing of both enslaved and free Black and Multiracial people in Frederick County. The localities/local government authorities were largely responsible for enforcing laws that restricted the movement of enslaved and free Black and Multiracial people and the resulting documentation was often filed in the circuit courts. The ways in which local authorities enacted legal measures against or on behalf of enslaved and free Black and Multiracial people varied from locality to locality; therefore, records were not necessarily standardized or filed and retained in a consistent manner. This collection is topical and a means by which to compile miscellaneous documents related to free and enslaved people that are not established local government record types.

See: the Virginia Untold Record Types on the Library of Virginia website for additional context concerning "Free Negro" Tax Records and Runaway Records.

Locality History: Frederick County was named in honor of Frederick Louis, Prince of Wales and eldest son of King George II. It was formed from Orange County by a statute of 1738 that stipulated that when the population was large enough the new county government would begin to function. The county court first met on 11 November 1743. Part of Augusta County was added in 1754. The county seat is the city of Winchester.

Acquisition information:
These records came to the Library of Virginia in a transfer of court papers from Frederick County (Va.) as part of an undated accession.
Processing information:

Starting in 2023, Library of Virginia archival staff in partnership with the Virginia Untold Project Manager began efforts to describe records related to free and enslaved Black and Multiracial people in a manner that improved the historical context of the records. In doing so, in some cases material once described within the "Free and Enslaved" record group for a locality may no longer be described within this record. When this has occurred, please see the Processing Information and Related Materials section for records that have been described separately.

These records have been processed, indexed, and partially scanned by S. Nerney, L. Neuroth, and LVA staff for the purposes of digitizing them for the digital project Virginia Untold: The African American Narrative.

Apprenticeship Indentures were removed from this record in August 2026 and are now described in Frederick County (Va.) Apprenticeship Indentures, 1800-1875.

Certificates of Importation were removed from this record in July 2026 and are now described in Frederick County (Va.) Certificates of Importation, 1798-1822.

Deeds of Emancipation were removed from this record in July 2026 and are now described in Frederick County (Va.) Deeds of Emancipation, 1795-1843.

"Free Negro" Registrations were removed from this record in August 2026 and are now described in Frederick County (Va.) Records related to the Registration of Free Persons, 1803-1864.

Petitions for Re-Enslavement were removed from this record in July 2026 and are described in Frederick County (Va.) Petitions for Re-Enslavement, 1859.

Petitions to Remain were removed from this record in July 2026 and are now described in Frederick County (Va.) Petitions to Remain in the Commonwealth, 1816-1850.

Encoded by S. Nerney: November 2007; updated by C. Collins: August 2026.

Arrangement:

This collection is arranged

  • Series I: Free and Enslaved Records, 1761, 1795, 1820-1861, arranged loosely by record type then chronologically.

Physical location:
Library of Virginia
Physical description:
.225 cu. ft. (1 box)