A map showing a "survey according to order in the years 1736 and 1737 of the Northern Neck of Virginia, being the lands belonging to Lord Fairfax," is published in the report of the commissioners appointed to settle the boundaries between Maryland and Virginia in 1873. On it South River is called "Thornton," the Rapidan above the mouth of South River, is called "Staunton's River," and below the mouth is put down as "Rappahannock River, South Branch, called Rapidan," and the Rappahannock above the mouth of the Rapidan is called "Cannon", and, higher up, "Hedgeman's River."

CHAPTER III.

Organization of the County.

It must be borne in mind that "Old Style" was yet in effect in the Mother Country and her colonies when Orange was established: that is, that the New Year was reckoned from March 25, and not from January 1; and that the New Style did not become effective until 1752. Thus, though the first court was held in January 1734, there were yet two months to elapse before the year 1735 began: that is, that January, February, and March came after December of the same year. This will make plain the otherwise apparently curious date of the appointment of Col. Henry Willis, the first county clerk.

The first minute on the records of the County is in these words:

Orange County.—Be it remembered that on the twenty-first day of January, in the year 1734, a Commission of the Peace directed to Augustine Smith, Goodrich Lightfoot, John Taliaferro, Thomas Chew, Robert Slaughter, Abraham Field, Robert Green, James Barber, John Finlason, Richard Mauldin, Samuel Ball, Francis Slaughter, Zachary Taylor, John Lightfoot, James Pollard, Robert Eastham, Benjamin Cave, Charles Curtis, Joist Hite, Morgan Morgan, Benjamin Borden, John Smith and George Hobson, and a dedimus for administering the oaths etc., to the said Justices being read, the said John Finlason and Samuel Ball pursuant to the said dedimus administered the oaths appointed by Act of Parliament to be taken instead of the oaths of Allegiance and Supremacy the oath appointed to be taken by an act of Parliament made in

the first year of the Reign of his late Majesty King George the
First, entituled an Act for the further Security of his Majesties
Person and Government and the Sucession of the Crown in the
heirs of the late Princess Sophia, being Protestants and for extin-
guishing the hopes of the pretended Prince of Wales and his open
and secret Abettors, unto Augustine Smith and John Taliaferro who
severally subscribed the Test and then the said John Finlason and
Samuel Ball administered the oaths of a Justice of the Peace and of
a Justice of the County Court in Chancery unto the said Augustine
Smith and John Taliaferro. And afterwards the said Augustine
Smith and John Taliaferro pursuant to the said dedimus adminis-
tered all and every of the said oaths unto Thomas Chew, Robert
Slaughter, Abraham Field, Robert Green, James Barber, John
Finlason, Samuel Ball, Francis Slaughter, John Lightfoot, James
Pollard and Benjamin Cave who severally subscribed the Test.

At a Court held for the County of Orange on the twenty-first
day of January, 1734, Present Augustine Smith, John Taliaferro,
and the Justices to whom they had just administered the oaths:
A Commission to Henry Willis, Gent., under the hand and Seal
of office of the Honorable John Carter, Esq., Secretary of Virginia,
bearing date the thirtieth day of October, 1734, to be clerk of the
Court of this County being produced in Court and read, the said
Willis having taken the oaths, etc., and subscribed the Test, was
sworn Clerk of this County.

This Henry Willis was the same gentleman mentioned by Colonel Byrd as the "top man of Fredericksburg." Note the date of his commission. October was then really the eighth month and January was the eleventh month of the calendar year. He was the ancestor of Col. George Willis of Woodpark; of Mr. Henry Willis and of Mrs. Ambrose Madison, of Woodbury Forest. Why a person not a citizen of the County should have been made clerk does not appear, but he continued to be such until his death, in the summer of 1740. Jonathan Gibson, Gent., was appointed and qualified as clerk at the September term of that year.

Mr. William Robertson's house, on Black Walnut Run, was designated as the place where court should be held, by the Governor's order, till the court could agree upon a place and have the Governor's approbation.

Benjamin Cave qualified as sheriff, with Thomas Chew and James Barbour as his sureties, and William Henderson as under-sheriff.

James Wood, Gent., produced a commission from the president and masters of William and Mary College, dated November, 1734, to be surveyor for the county. Zachary Lewis and Robert Turner were sworn as attorneys to practise in the County. The court unanimously recommended John Mercer to the Governor for appointment to prosecute the King's causes in their court. James Coward and John Snow were named as overseers of the highway.

A number of the justices were desired to view the Rapidan above and below Germanna for a convenient place to keep a ferry, and to wait on Colonel Spotswood to know on what terms he would let such a place. Later he agreed that he would let his land for a ferry there for 630 pounds of tobacco, with sufficient land for two hands to work, but debarred the keeping of tippling houses and hogs running at large, and public notice was ordered of the letting of the ferry and plantation at a subsequent term, and that advertisements be set up at the churches.

The minutes were signed by Augustine Smith and attested by Henry Willis "CI. Cur.," a Latin abbreviation for clericus curiae, clerk of the court, which attestation was continued throughout his and his successor's

terms, and then abandoned. Similarly, they always endorsed indictments found, Vera Billa, a true bill.

At the next term many constables and surveyors of the highway were appointed, among the latter Christopher Zimmerman, "from the German Road to Potatoe Run;" John Howard, "from the Chappie Road to the Rapidan Cave's Ford;" John Garth, "from the fork of Elk Run to Staunton's River," as the north branch of the Rapidan was then called; Alexander Waugh, "from Germanna Road to Pine Stake;" Benjamin Porter, "from Todd's Branch to mouth of Robinson;" Edward Haley, "from Taliaferro Road to the Tombstone;" William Smith, "from the Tombstone to the Chappie;" and John Snow "from Todd's Path to Chew's Mill." It would be interesting to designate many of these localities to-day, especially the Tombstone, but the names have nearly all passed out of the public memory.

Three justices, who afterwards became famous in Frederick and Augusta, qualified at this term: Joist Hite, Morgan Morgan, and Benjamin Borden; and John Barnett, from whom no doubt comes our Barnett's Ford of to-day, was appointed surveyor of the highway from the Mountain Road along Mr. James Taylor's "rowling" road and thence to the Rapidan. A rowling road was one over which tobacco hogsheads were rolled to market.

At June term, John Mercer, Gent., produced in court a commission from Hon. William Gooch, his Majesty's lieutenant-governor, which was approved by the Court, and the said Mercer admitted accordingly.