How Justice Grew: Virginia Counties, An Abstract of Their FormationHiden, Martha W. (Martha Woodroof)
History
How Justice Grew: Virginia Counties, An Abstract of Their Formation
Hiden, Martha W. (Martha Woodroof)
Counties -- Virginia -- History; Virginia -- History; Virginia -- History, Local
Each of the incorporations mentioned above and the Eastern Shore
contained one or more boroughs or settlements. Eleven of the settlements
in the four incorporations were represented by two Burgesses each, in
the first General Assembly. This, the first legislative assembly of
English speaking people in the Western hemisphere, convened on 30 July
1619 in the church at Jamestown. Itself based on the English Parliament
as a model, it became the model followed by all succeeding British
colonies including Australia. The colonial assembly next in age to
Virginia's is that of Bermuda established in 1620. In the _Journals of
the House of Burgesses_, the names of the Burgesses for the 1619
Assembly are arranged by the cities and plantations they represented. In
the Journal of the second Assembly that is extant, 1623/24, for the
first and only time, the plantations are grouped under the corporations
of which they were a part, except Eastern Shore, which, as has been
noted, was a separate entity.
In 1621, a charter from the Company confirmed former grants and provided
"that the Governor should call the General Assembly once a year, and
initiate the policy of the form of government, laws, customs, manner of
trial and other administration of justice used in England." Governor
Wyatt at the same time was ordered to make arrangements for "dividing
the colony into cities, boroughs, etc., ... and to appoint proper times
for administration ... and law suits." William Stith in his _History of
Virginia_ states: "Inferior courts were therefore in the beginning of
the year 1621 appointed in convenient places to relieve the Governor and
Council of the vast burthen of business and to render justice more cheap
and accessible. This was the original and foundation of our County
Courts, although the country was not yet laid off in counties."
The General Assembly of 1623/24 provided "that there shall be courts
kept once a month in the corporations of Charles City and Elizabeth City
for the deciding of suits and controversies not exceeding the value of
one hundred pounds of tobacco and for punishing of petty offenses." As a
consequence of this act, the question of the metes and bounds of these
corporations, Charles City, Henrico, Elizabeth City and James City,
became important, since suits must perforce be instituted in the court
having jurisdiction over that particular area. Mr. Nathaniel C. Hale,
in his interesting book on William Claiborne called _Virginia Venturer_,
shows that William Claiborne in 1621, was appointed a surveyor for the
colony and comments that heretofore boundaries of land had been located
with ungraduated mariners' compasses and described by careless
references to natural limits.
Public-domain text, read in full here on John Shaqi.
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