Half way up the driveway leading to the Avoca Estate in Altavista stands ancient black walnut tree that ranks as one of Virginia's most misconstrued Revolutionary War landmarks.

Under this tree in 1780, Col. Charles Lynch, a self-appointed magistrate, administered his "rude justice" upon Tory conspirators and patriot turncoats.  The corporal punishment consisted of 39 lashes with a whip or until the malefactors cried the patriots' motto, "Liberty," and pledged their fidelity to the Republic. 

From these floggings, "Lynch's Law" was added to the legal vernacular.

Much to the consternation of Lynch's descendants, Lynch Law was erroneously linked by some historians to the modern "lynchings," or vigilante justice by hanging.

That error would later cast an unsavory light on the city, 22 miles to the north, named after Lynch's brother, John Lynch.

Lynchburg business men were so concerned about their city's image during the Civil Right era that the Chamber of Commerce commissioned historian Alfred Perry to set the record straight.

Although local historians have offered various account of what happened under the walnut tree in the summer of 1780, they all agree on one point - a noose never hung from its boughs.

The origin of the Lynch Law, 1780 was a response to a Tory conspiracy to bring Virginia under British rule. (Tories were loyal to the crown.)

With Gen. Cornwallis' troops advancing through the Carolinas to Virginia, Tory loyalists hatched a plan designed to dislodge the patriots from the "old Dominion."  The insurrection was to include the capture of a large arsenal at New London and the freeing of 4,000 British and German troops imprisoned at Charlottesville.

Col. Lynch, the commander of the Bedford County militia, along with Cols. James Callaway and William Preston and Capt. Bob Adams, imposed martial law after word of the Tory conspiracy leaked out.

The four set up a court to try suspected conspirators and many of the trials were held under the walnut tree at Lynch's Avoca Estate.

The accused were allowed to call witnesses, and some were acquitted.  But those who were found guilty were given 39 lashes - "40 save one" in the biblical tradition - or until they cried "Liberty."

Lynch's efforts were encouraged by Thomas Jefferson who wrote a letter to the colonel that the "most vigorous decisive measures, should be continued for seizing every one on who probable proof of guilt shall appear.