Courthouse Historical Report, Block 19 Building 3Originally entitled: "The Courthouse of 1770 Block 19 - Market Square"

Mary R. M. Goodwin

1954

Colonial Williamsburg Foundation Library Research Report Series - 1433
Colonial Williamsburg Foundation Library

Williamsburg, Virginia

1990

THE COURTHOUSE OF 1770
Block 19 - Market Square

Mary R. M. Goodwin

October, 1954

CONTENTS

The Building 1-23
Its Uses:County Courti-ix
Hustings Courtx-xiv
Common Hallxv
Other Activities in Courthousexvi-xxii
Notes on Building and Repairs of Yorktown Courthouse of 1733-1814xxiii-xxvi
Indexxxvii-xxxii
Plate showing Williamsburg, with 1769 dividing line between James City County and York County5-A

ILLUSTRATIONS

A.From watercolor by L. Cranston, ca. 1850-60 Frontispiece
B.From watercolor by D. Williams, ca. 1892Following above
C.From old photograph - ca. 1890" "
D.From old photograph - ca. 1895" "
E.From old photograph - ca. 1900-1910" "
F.From old photograph ca. 1910" "
G.From old photograph, showing Courthouse and building formerly District Courthouse and Special Court of Appeals" "
H.Interior of Courthouse - ca. 1875-85Opposite page 18
I.Exterior - showing columns added ca. 1911Opposite page 22
INTERIOR VIEWS OF COURTS IN VIRGINIA, NORTH CAROLINA, PENNSYLVANIA, AND ENGLAND:
I.Federal Court, Richmond, Virginia (Latrobe)Following page 23
I-A.Courthouse in Edenton, North CarolinaFollowing above
II.Courthouse in York, Pennsylvania, 1801" "
III.Court of Common Pleas, London" "
IV.Court of King's Bench, London" "
IV-A.Court of King's Bench, London" "
V.Court of Exchecquer, London" "
VI.Court of Chancery, London" "
VII.Court of Old Bailey, London" "
VIII.Guildhall, Court of King's Bench" "
IX.Crown Court, Hartford, England" "
PLANS OF VIRGINIA COURTHOUSE (ca. 1807)
IX-XII. Four plans considered by commissioners to build Courthouse in Nelson County, Virginia Following page ix (ix-a, -b, -c, -d)
A.

RR143302 COURTHOUSE OF 1770 - from watercolor by L. Cranston ca. 1850-60

B.

RR143303 COURTHOUSE OF 1770 - From watercolor by D. Williams, ca. 1892.

C.

RR143304 COURTHOUSE OF 1770 - from old photograph - ca. 1890.

D.

RR143305 COURTHOUSE OF 1770 - From old photograph - ca. 1895.

E.

RR143306 COURTHOUSE OF 1770 - From old photograph - ca. 1900-1910.

F.

RR143307 COURTHOUSE OF 1770 - From old photograph - ca. 1910.

G.

RR143308 COURTHOUSE OF 1770 - From old photograph, showing Courthouse and building formerly District Courthouse and Special Court of Appeals

THE COURTHOUSE OF 1770

In 1769 the justices of James City County and the mayor, recorder, aldermen, and Common Council of the City of Williamsburg agreed to erect a new Courthouse in Williamsburg, for their common use and at their joint expense.

At that time the James City County Courthouse - built in 1715 stood near the southwest corner of Francis and England Streets.1 The Hustings Court and Common Hall of Williamsburg, which at first met in the "Court House of James City County on Courtesie," had, since 1745, met in the old Playhouse on Palace Green, which had been altered and repaired for that purpose.2 We do not know what prompted the 2. decision to build the new courthouse in 1769 - probably the buildings were either inadequate or had deteriorated beyond the point of reasonable repair.1

It is indeed unfortunate that the early records for James City County and for the Hustings Court and Common Hall of Williamsburg have been destroyed.2 Lacking these most pertinent sources, there are many gaps in our information concerning the earlier buildings, as well as the Courthouse of 1770. We have no detailed information on this building or its furnishings.

In March, 1769, the following notice appeared in the two Virginia Gazettes then published in Williamsburg: 3.

"WILLIAMSBURG, March 16, 1769.

THE COMMON HALL having this day determined to build a commodious BRICK COURT-HOUSE, in this city, and having appointed us to agree with an undertaker to build the same; we do hereby give notice that we shall meet at Mr. Hay's [the Raleigh Tavern], on Tuesday the 4th day of April , to let the building thereof. We are also appointed to dispose of the present Court-House, and the ground on which the same stands.
JAMES COCKE,
JAMES CARTER,
JOHN CARTER,
JOHN TAZEWELL.

N.B. The Plan of the above Court-House, may be seen at Mr. Hay's at any time."1

We have no information as to this plan;2 nor do we know whether it was prepared before or after the decision to erect the building for the joint use of the County of James City and the City of Williamsburg. The first surviving record that the proposed building was to house both county and city appeared in the Journals of the House of Burgesses for May 22, 1770, after it was decided to erect the courthouse on a part of the Market Square which stood in York County. The city and the county petitioned the House of Burgesses to change the county lines to include the site selected for the courthouse in James City County as follows: 4.

"Tuesday, the 22d of May, 10 Geo. III. 1770.

...
A Petition of the Justices of the County of James City , was presented to the House, and read; setting forth that the Petitioners and Corporation of the City of Williamsburg had, for their mutual Convenience and Benefit, entered into a Contract to build a commodious Court-House at their joint Expence; but that there is no Situation fit for the Purpose, within the Line of the said County, as it is now established; and therefore praying that an Act may pass for adding to the said County so much of the Market Square, in the said City, as lies on the North Side of the Main Street, as far as Nicholson Street, and between Hugh Walker's Lot and the Paling where Mr Haldenby Dixon's Store stands, and for empowering the Petitioners to sell a Lot of Land, whereon their present Court-House stands, in the said City, and applying the proceeds of such Sale towards discharging their Proportion of the Expence of building a new Court-House.

And also
A Petition of the Mayor, Recorder, Alderman [sic], and Common Council, of the City of Williamsburg , was presented to the House, and read; setting forth their Agreement with the Court of the County of James City to join in building a Court-House on the Market Square of the said City; and therefore praying that Part of the said Market Square may be added to the said County of James City , and that the Petitioners may be permitted to use the Guard-House, in the said City, the Guard being discontinued, as and for a Market-House.

Ordered , That the said several Petitions be severally referred to the Committee of Propositions and Grievances; and that they do examine the Matter thereof, and report the same, with their Opinion thereupon, to the House."1

The matter was so referred, and a bill "for adding Part of the City of Williamsburg to James City County, and for other Purposes therein mentioned," was presented and read in the House the first time on June 7th. It was committed to "Mr Blair, Mr Treasurer [Robert Carter Nicholas], Mr Lewis Burwell , of James City ," on June 11th as amended and engrossed, and passed the House on June 23rd. 5. It received the assent of the Council on June 26th, and the governor, Lord Botetourt, approved it on June 28, 1770.1 The resulting act follows:

"An act to annex part of the county of York to the county of James City, and for other Purposes therein mentioned .2

I. WHEREAS it hath been represented to this general assembly that the justices of James City county have entered into an agreement with the mayor, recorder, aldermen and common council, of the city of Williamsburg to build a new court-house at their joint expence, and for their common use and benefit, but it so happens that no convenient place can be found, whereon to erect the said court-house, except on that part of the market square which lies on the north side of Duke of Gloucester street, in the said city, and which by the present dividing line between the said county of James City and the county of York.3 is contained in the said county of York; Be it therefore enacted, by the Governor, Council, and Burgesses of this present General Assembly … That so much of the said market-square as lies on the north side of the RR143309 PLAT OF WILLIAMSBURG-RED LINE SHOWING 1769 DIVIDING LINE BETWEEN JAMES CITY AND YORK COUNTIES. 6. said street, as far as Nicholson street, and between the line of Hugh Walker's lot, on the west, and the paling where Haldenby Dixon's store stands on the east, be, and the same is hereby added to and made part of the said county of James City; any thing, in any former law, contained to the contrary thereof, notwithstanding.

II. And be it further enacted, by the authority aforesaid , That the said justices of James City, be, and they are hereby impowered to sell, at public auction, for the best price that can be got for the same, the land whereon their present court-house and prison stand (being part of a lot in the said city) together with the court-house, and that they, the said justices, or any four of them shall and may convey the same to the purchaser or purchasers in fee simple, and shall apply the money arising from such sale towards discharging their proportion of the expenses of building the new court-house.

III. And be it further enacted, by the authority aforesaid , That the justices of the said county of James city, and the mayor, recorder, aldermen, and common council, of the said city of Williamsburg, shall, at all times hereafter, maintain and keep in repair the said court-house at their joint expence, and for their common use and benefit.

IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, other than the said justices of James city county, all such right, title, interest, claim, and demand, as they, every, or any of them, could or might have to the said parcel of land, and court-house, if this act had never been made."

We do not know just when the new Courthouse was completed. In July, 1770, notice was given that the old James City County Courthouse would be sold at the next court:

"At a Court held for JAMES CITY county , July 9, 1770.
ORDERED,
THAT the sheriff give notice twice in the Virginia Gazette that the courthouse of this county, and the lot whereon it stands, 7. will be sold, pursuant to law, at publick auction, to the highest bidder, at the next court, upon such terms as shall be then directed by the court.
BEN. WALLER, Cl. Cur."1

The Virginia Gazettes which are extant throw no further light on the terms of the sale or the purchaser. The courthouse property may have been purchased at this time by the Treasurer of the Colony, Robert Carter Nicholas; for seven years later he offered for sale the square of eight lots, including the courthouse lot, on which a large dwelling-house and outbuildings had been erected.2

In September, 1770, the City of Williamsburg conveyed the old Hustings Courthouse and the lot of ground whereon the old Playhouse stood, "with six feet of Ground adjoining the said Play House on every side," to John Tazewell for £50.3

It is probable that the new Courthouse was ready for use by the time the two buildings were sold.

Stone steps for the new Courthouse were ordered from England. We have found no copy of the order in surviving records, but on July 2, 1772, William Nelson, President of the Council, and merchant of Yorktown, wrote to Samuel Martin in London:

"…I am particularly, to thank you for procuring the Stone-steps for the Court-house in Williamsburg, which came in good Order, and 8. are to the entire Satisfaction of those concerned in the Building. Mr Nicholas I expect will acknowledge your Civility in sending them Freight free."1

Our next information concerning the building has to do with repairs and minor changes, made in 1777. In the ledger of Humphrey Harwood, a local brick mason and builder, charges were made for mending and whitewashing the Court Room; for plastering; for "Cuting away Chimney & Working in 2 New Grates"; for two "Iron Grates & barrs" weighing 137 pounds; and for whitewashing three jury rooms:

"EDMUND RANDOLPH Esqr (for Court House) Dr
1777
January 29thTo 12 bushs lime 9/- hair 9d Mendg plastering 2/- & labours work 2/6£ -:14: 3
To White washing Court Room 17/6 & 2-½ bushels of Whitewash 3/9 1: 1: 3
February 27.To 12 Bushs of lime 9/. 250 bricks 6/10-1/2, 3 Days labour 6/. 1: 1:10-½
To Cuting away Chimney & Working in 2 New Grates 17/6 & plasterg [illegible] 1:17: 6
To 2 Iron Grates & barrs wt 137 lbs @ 9d & 3 days labour @ 2/ 5: 8: 9
To 250 larths 2/6. 750 Nails 7/6 10.18.1-½ -:10: -
April 15To Whitewashing 3 Jurey Rooms @ 8/ 1: 4: -
£11:17: 7-½
PER CONTRACr
1777
Septemr 27thBy Cash Received of Colo Wm Finnie by Order of Colo Mason)£10:15: -"2

Harwood's account of repairs (1777) mentioned the Court Room and three jury rooms. There were doubtless two rooms in each wing of the building. In describing the building as he recalled it ca. 1860, 9. Mr. John S. Charles stated that there were originally two rooms in the eastern wing and two in the western wing. Although his recollections concerned the building nearly a century after its erection, Mr. Charles mentioned certain details which he believed to be original. Lacking contemporary information, we quote Mr. Charles' description here:

"The old 'Court House' has now much the appearance that it did when negroes were hired and sold in front of it. The porch in front had no columns as is seen today [ca. 1928]. The roof projected over the porch, as it does today; but was supported by big timbers that were fastened with iron straps to immense roof beams on the inside.

"There were four rooms, two in the eastern wing, and two in the western wing; but after the war the clerk's office, which stood on Francis Street, being burned, the two eastern jury rooms were thrown into one for the clerk's office as it is today. The original steps to the court house were made of red sand stone with moulding out on the front edge which made them attractive. These have been supplanted by the present cement steps. It is said that the old clock on Bruton Church steeple was removed from the court house to where it would receive better care."1

The steps described above may have been those which had arrived from England by 1772.2 The clock3 which was in the second Williamsburg Capitol is said to have been removed from that building to the Courthouse. We have found no record of this move; but there is record in the Bruton Parish Vestry Book on July 14, 1840, that 10. the "Town authorities have permission to have the Town clock removed to the church and fixed therein."1 This gives weight to Mr. Charles' statement. It is possible that the clock from the Capitol was moved to the Courthouse cupola at some period between 1780 and 1824;2 and that this was "the Town clock" which was removed to the church in 1840. Both the installation of the clock in the Courthouse cupola, and its removal, would have called for alterations in the cupola itself.

There were no columns on the Courthouse of 1770, although it has been thought that columns must have been intended when the building was planned, because of the size of the pediment.3 One architect, Benjamin Latrobe, who visited Williamsburg about twenty-six years after the Courthouse was erected, believed they had disappeared:

[April, 1796] "The Courthouse which stands on the North side of the Street, has lost all the columns of its Portico, and the Pediment sticks out like a Penthouse, carried only by timbers that bind into the roof. Many ruined and uninhabited houses disgrace the street."4

11.

Whether originally intended or not, we can be reasonably sure that the Courthouse had no columns during the eighteenth or nineteenth centuries. Although it is possible, it is hardly probable that columns would have disappeared in twenty-six years, when Latrobe noted their absence. All nineteenth century pictures of the building show it without columns.1

Apparently, the building was not considered particularly noteworthy by visitors to Williamsburg. Although eighteenth and nineteenth century visitors often praised or criticized the other public buildings, the Courthouse was only casually mentioned or entirely left out of descriptions of the town.

In 1781 a chaplain of the American Army described the Capitol and the Palace as "very grand buildings," and added "The court-house and the church are also good buildings."2

Johann David Schoepf visited Williamsburg in 1783, and wrote as follows of the Courthouse Green:

"Williamsburg. We arrived there in two days' journey from Richmond…
Midway of the chief thoroughfare on the south side, stands a little six-cornered building, surrounded by a wall, which was formerly an arsenal; and over against this is the Court-house. Both buildings stand a little back from the street so as to form a Square, from which one has a view of the most important buildings and the finest part of the town. The palace … also on the north side of the principal street, lies in ruins…"3

12.

In 1795 St. George Tucker, a citizen of Williamsburg, wrote:

"…The hospital for lunatics, a church, the town and county court house, and a magazine, now occupied as a market house, complete the list of public edifices: neither of them appears to have been constructed with any view to architectural fame."1

Other than the Harwood account of 1777 already quoted,2 and Mr. Charles' description of the Courthouse ca. 1860,3 we have little information as to the interior of the building. In a manuscript account book of Robert H. Waller,4 there is one account for work, some of which may have been done at the Courthouse of 1770 - certainly one or two items concern it:

"The Corpn of WilliamsburgDr
1799£ s d
Sep. 9thTo Cash paid Thos Sans for makg new window sash furnishg Glass & glazing2 4 9
1800
JuneTo lock for the front door & paid Middleton for putg it on0 8 0
OctoTo Cash pd William Dick for Funnel for Stove of Ct House one moiety1 17 6
To pd for mendg the Top of the Office findg Shingles & Nails &c- 8 -
1802
Mar 1stTo pd John Bowden for Repairs done to the Capitol1 0 0…"

Another account, in 1804, noted new handrailings and banisters for the James City Courthouse,5 as follows: 13.

"1804Mr John Bowden to R: H: WallerDr
10th Marchto 4 pieces of old Poplar scantling work'd you and wash'd up for the Hand railings and Bannisters for James City Court-house viz.
1 Piece 11 by 11 ½ Inches is 10 feet 2 Inches
1 do 8 by 9 ½ 6 - 5
1 do 13 by 99 - 10
1 do 13 by 99 - 10
36 F 3 Inches
at 4 d/2 pr foot
13/6
14.7
£ 1. 8.1"

If the interior of the Courthouse of 1770 is to be reconstructed, colonial precedent as to interior furnishings will have to be followed. And information as to colonial precedent on this subject is very scarce indeed.1

The most detailed description we have seen concerning the interior of a Virginia courthouse has been found in the records of Lancaster County, in the minutes of a "Court held for Lancaster County on Fryday the 8th day of August 1740". James Jones, for "forty nine thousand six hundred pounds of Tobacco together with 5 Pr Ct advance thereon to make the same convenient," agreed to undertake a brick courthouse and a brick prison for the county. The specifications for the courthouse follow:

"A BRICK COURT HOUSE

Thirty eight foot in Length and twenty five foot in bredth from out to out fourteen foot pitch within the house from floor to floor, one compas End The walls to be three bricks from the foundation to the surface of the Earth from thence to the 13a. Base two bricks & halfe from the Base to the Plate two bricks The bricks to be well burnt and laid with morter at least three fourths Lime Jams & returnes to be rubbed Brick Four sash windows in the body two at the ends of the house and two dorment windows in the Roof proportionable to the building the Windows to hoist with springs & pullys and to be glased with Crown Glass A folding door for entrance proportionable to the building with a substantiable Lock & hinges The floor to be flaged to the outer barr & planked within, the Justices bench to be neatly railed & ballastered and raised from the floor three foot and to be divided Wainscot fashion above & below into twelve seats besides the Chair A seat for the Jury under the Justices on the lower floor A Clark's Table & Chair also a Chair for the King's attorney A seat for the sherif and another for his deputy and two barrs at least benches to each of them and one Gate neatly railed A flat Ceiling and pair of Stairs to go into it handsomely made & neatly railed Floored with plank above stairs and a Table for the use of the Jurymen The house to be well lathed plaistered & whitewashed above & below The plaistering to be with very lime & hair [sic] The roof to be substantial sawed, stuf covered with Inch planck and good Dragon swamp shingles Eighteen Inches long and three quarters of an Inch thick clear of sap strongly framed with summers & Girders Principals &c All to be well tarred A neat Modillion Cornice all round the whole to be handsomely primed & painted The windows doors wainscot seats barrs &c to be neatly primed and painted within the building & without"1

13-b

Specifications for a county courthouse for Norfolk County were recorded in Norfolk County Wills & Orders, 1723-17341 in the minutes of "a Court held the 19th day of August 1726," which may also be of interest here:

"The dementions of a Courthouse to be built for this County as followeth (Vizt)
To be thirty two inside long and Twenty foot wide inside and Arched to ye westermost End all walled of Brick and morter of good Lime 13 foot high under the plate 2 Bricks to ye water Table and a brick and half above, with a plank flower 2-½ foot high from ye ground and Seats for ye Justices and 2 barrs - In the Same manner as in the General Court house 4 Sash Windows 6 foot high and 3 wide 2 on ye North and two on ye South and Suitable Dorman windows Sashed on ye South side and one Ovel window In the Arch with a pair of Stairs for ye Justices Seats to be Covered with Plank and Shingled upon that and ye flower to be laid with Inch and half plank and ye said floore to be full Silled of white Oak laid 2 foot distance to be Shingled wth ------ and Cyprus Shingles --- ye floors to be nailed wth 20d Nailes ye glass to be Common Square glass ye Arch Over the Court to be Sealed with plank and that primed and painted of a lead Couler and also the Banisters and barrs windows fraimes Staires and doors and door Cases and ye Eves to be finished In the Same manner of Majr Newtons house is on ye front and to hang the bell/ a folding door 4 wide with 7 high and Case Steps and Stairs to go into the _______2 and ye undertaker hereof to provide himself with all manner of Necessary and meterial for Ccmpleating the said Work and ye undertaker to Enter into bond with Security
And Mr Peter Malbone has agreed with the Court to build a house According to ye said Dementions for 35 M weight of Tobacco and 1-½ M to be levyed the next County levy And he to have ye o1d Courthouse after ye new one his [sin] finished on Motion of Coll Boush-
Its by the Court Requested that Capt Willis Wilson and Mr John C---- [?] agree with any good able undertaken to mend and Repair our part of ----[?] Bridge The Court adjourns till ye Court in Course Sa Boush."

13-c

The following details concerning the first Richmond County Courthouse, appeared in the Richmond County Court records of May 2, 1705:

"The Court takeing into Consideration the disorderly behaviour of the people Crowding upon the Lawyers att the barr when they are pleading their Clients Causes, have for Regulation thereof ordered that Thomas Bradley do fforthwith make a small Barr at the end of the Barr that is now wth Bannisters to Separate it from the Justices Bench and that he likewise sett up a Bench in it, and make a small table of the same dimensions of that in the Court house -two fourmes of Eight foot long and two Benches to be Sett up in the Jury Roome and that he Receive for the Same at the next Laying of the Levy the Summe of five hundred and fifty pounds of tobbo."1

The second Richmond County Courthouse was built in 1748-49,2 and the following court order of August 6, 1750, evidently had to do with this building:

"Order'd the Sherriff employ some person to rail in a yard [around the Courthouse] … And to sett up four Benches in each of the Piazzo's and one under each of the Windows in the body of the Courthouse of a Convenient hight and Breadth for people to set on…"3

14.

There is some information concerning the interior fittings of the York County Courthouse at Yorktown (built 1731-1733), having to do with repairs made ca. 1787, after the building was damaged during the Revolutionary War. This courthouse was a T-shaped building like others1 in Tidewater Virginia. Loose papers in the York County Records give details of repair work done, and mentioned paneled window shutters, 108 "sash lites," and thirty-six windows having "compass heads"; also dentil cornice, "A Circuling Seat for the Jury to Set on," a Balluster Rail in Circule," a "Righting Desk at the Bar 15 feet & half long," "Two boxes for the Sherifs to Sett in wainscoted with three Steps to Each," a lawyers' bench, and "the Chair wainscoted 7 feet High 4 feet wide two pilasters Dentle Cornish."2 This York County Courthouse was destroyed by fire in 1814.

In serving the County of James City, the Williamsburg Courthouse of 1770 had to provide accommodations for the eight justices (any four of whom could form a quorum and hear and determine all causes before the court), for the clerk of court, the attorneys, the sheriffs and constables, the witnesses, the litigants or the accused, and others who might attend the monthly sessions. The county court met each month on a day stipulated by act of the General Assembly, and continued as long as was necessary to hear the causes before the court.3

In addition, the Courthouse of 1770 was the Husting Courthouse for the City of Williamsburg. As such it had to accommodate the mayor, recorder and six aldermen 15. (any four of whom could hold a Court of Hustings each month), and all those involved in suits and litigation that came within the jurisdiction of the City.1

The Courthouse of 1770 also served as the meeting place of the Common Hall - the mayor, recorder, six aldermen, and twelve common councilmen, who appointed city officers, paid their salaries, and made the rules and regulations by which the City of Williamsburg was governed.2

Town meetings were also held at the Courthouse, the citizens gathering when events needed their especial attention. In 1772 the Common Hall took under consideration the "Expediency of opening a Communication between James and York Rivers, by a Canal to be dug from Archer's Hope Creek, which runs into James River, to Queen's Creek, running into York River," and citizens met at the Courthouse to subscribe to this project. In 1774 the citizens met at the Courthouse to elect Peyton Randolph as their representative in the House of Burgesses and also in the Virginia Convention of Delegates; as they did again in 1775. In 1774 and 1775 the citizens of Williamsburg, meeting at the Courthouse, subscribed to the relief of their "distressed Fellow Subjects at Boston, both in Cash and Provisions." In April, 1775, the Mayor, Recorder, Aldermen, and Common Councilmen - on hearing of Lord Dunmore's removal of the powder from the Magazine - gathered at the Courthouse to draw up a letter of protest to Dunmore, which they delivered to the Palace. In 16. July, 1776, the Declaration of Independence was proclaimed at the Capitol, the Courthouse, and the Palace. The Courthouse Green was the scene of a Feu de joy in October, 1777, when the news of "General Burgoyne and his army being prisoners of war" reached Williamsburg.1

In 1781 the "Town Courthouse" was "used as a Barrack," according to a letter written by Benjamin Waller to the Governor of Virginia concerning a meeting place for the Court of Admiralty.2

In 1832, after the remaining wing of the Capitol (which had been the meeting place of the Superior Court of Chancery) burned, Abel P. Upshur wrote the Governor of Virginia that the "Court House of James City County is at present the only suitable place" for the meetings of that court for the remainder of that session.3

In 1841 the Courthouse was the scene of a fair given by the ladies of Bruton Parish Church for the benefit of the church.4

During the War Between the States the Courthouse of 1770 was used first as a Barracks5 and then as a hospital.6

Mr. John S. Charles, writing of the damage done to buildings in Williamsburg during the War Between the States, said: 17.

"The old court house being also torn to pieces.. court, for some time after the War, was held in the basement of the Baptist church."1

Another citizen of Williamsburg (the late Frank Armistead, judge for many years of the circuit court of Williamsburg and James City County) stated that the Hustings Court also met in the basement of the Baptist Church during the War; and, between 1865-1867, at the home of Mr. Walter C. P. Waller.2

The existing court records throw no light on the places in which the courts met during and immediately after the War Between the States. The earliest minute book now extant is a volume of Circuit Court Minutes, 1866-1882. The first minutes recorded do not mention the place of meeting, but carry the following heading: "Minutes of the Circuit Court for the City of Williamsburg and County of James City. May term, 1866." The first reference to the Courthouse appears in the heading for the May term the following year: "At a Circuit Court held for the City of Williamsburg and County of James City, at the Courthouse in said City on Saturday the 25th day of May 1867."3 Subsequent heading's through the volume mention the Courthouse - although no reference to the building appears in the text. It would appear that by May, 1867, the Courthouse of 1770 was again in use. The Opp. p. 18. RR143310 H. PHOTOGRAPH - COURTHOUSE OF 1770 - Interior View. (Not dated - ca. 1875-1885.) From Coleman Collection of photographs in possession of Colonial Williamsburg, Incorporated. 18. building would undoubtedly have required extensive repairs after its use as barracks and hospital during the war. However, repairs are not mentioned in any of the surviving court records, and the clerk of court states that there are no "loose papers" extant covering this period.1

A picture of a portion of the interior of the Courthouse of 1770, made sometime in the latter part of the nineteenth century, was found in the Coleman Collection of photographs.

In April, 1911, the Courthouse of 1770 was burned. The records, except for a few papers in one of the jury rooms, had been stored in a fire-proof "office" built several years before, and were saved. The rest of the interior of the building was "a total loss," according to a newspaper account, which erroneously stated that the building had been designed "by Sir Christopher Wren." After some discussion, it was decided that the courthouse would be "restored on its present foundation and with its present walls, if such a thing is possible," although there was a strong appeal in favor of a new and more commodious courthouse. The following newspaper accounts (April 6 and April 27, 1911) of the fire, and the decision to rebuild are of interest:

"ANCIENT BUILDING IN RUINS.
OLD COTJRTHOUSE GUTTED BY FIRE, BUT ALL VALUABLE
RECORDS ARE SAFE.
Clerk Geddy, by direction of Judge Tyler secured the Williamsburg hotel building for a temporary courthouse. Court convenes Monday
Williamsburg's historic courthouse, one of the show places of the town, and which has stood for a century and a half, is in ruins this morning, but 19. the records, save some old papers in one of the jury rooms, are secure in the fire-proof office built several years ago.
The fire was first discovered by a Mr. English, a student, who was crossing the Green, shortly after 1 o'clock. It was burning fiercely in the basement under the jury box in the northwest wing.
Chief Person was quickly on the scene with the chemical engine, and emptied its contents into the seething flames. It controlled the fire for a few minutes, but before the fire engine could be gotten out the fire had gained such headway as to render it impossible to quench them and save the building.
The fire was a spectacular one, the dry wood-work burning like tinder. Millions of sparks floated over the Colonial Inn and surrounding buildings, but it was raining, and there was no danger from this source of a spread of the fire to other buildings.
A steady stream was kept pouring on the fire-proof office in the east wing. It seemed to stand the terrible heat well, and there is not a crack in its walls this morning. The only thing saved from the building was a small typewriter. Everything outside of the fire-proof vault was a total loss.
The fire alarm being the courthouse bell, practically no alarm was sounded, and there were many people in town who knew nothing of the fire until this morning. Not more than a hundred saw the ruin of the cherished old structure.
The building, which was designed by Sir Christopher Wren, the great English architect, was built in 1769. It belonged jointly to the city and county, and was valued at about $15,000. There was $5,000 insurance, carried by A. Brooks' agency in the Phoenix of London.
The origin of the fire is a mystery. Many are inclined to the incendiary idea; but what motive could anyone have for destroying this building? There had been no fire in the basement for a week. No one had been in the basement, near where the fire started, for many months.
No plans for rebuilding have been thought of yet. Some want to rebuild on the old site, others want a larger and more commodious structure, a replica of the old one, but built further back on the green. The ruins are being viewed by many people, and expressions of sorrow and regret are heard everywhere. Another landmark has gone!"1

20.
"TO RESTORE COURTHOUSE.
OLD BUILDING TO BE REBUILT.
The historic old courthouse will be restored on its present foundation and with its present walls, if such a thing is possible. That was settled by the unanimous vote of the City Council and Board of Supervisors at a joint meeting held here Monday morning.

Mr. Geddy made a statement regarding the destruction of the building on the morning of April 6th, and what steps he had taken in securing necessary furniture, &c., to enable him to take care of the public business until a new courthouse is provided. Mr. Geddy also said that the hotel building had been secured from its owner at a rental of $50 a month, which he referred to the meeting for their ratification, which was given later.

Mr. Spencer then offered the following resolutions which were finally adopted;
Resolved, That it is the sense of this body now in session to restore the old courthouse building as far as practicable to its former architecture, after consulting with a suitable architect or architects,
2. That the chairman of this meeting appoint a committee of three from the City Council and the like number of the Board of Supervisors, to be known as "Committee on Restoration and Repairs to the City and County Courthouse," with power to act, after receiving reports from said architects as referred to in resolution number one.
3. That the courthouse, as joint property owned by city of Williamsburg and county of James City, that the insurance money shall be used in restoring the said courthouse; and that, beginning July 1st, 1911, the expenses of the court shall be from that day borne one-half by city and one-half by county.
Mr. R. T. Armistead made a vigorous appeal to the meeting for a now and more commodious court-building. He suggested that the old building be given to the Association for the Preservation of Virginia Antiquities for then to restore and hold as a museum. He said that the present courthouse was too small for the public business, but that it should be restored as a landmark. He pointed out that the valuable old records of the High Court of Chancery had been lost, simply because there was no room in the fire proof vault for them. He advocated a building to cost about $12,000 to 21. be built back of the old building On Court Green, so that the county and city would have a structure adequate for all purposes. He thought it was our duty to improve on our public buildings and to leave to posterity something useful and convenient, which was not the case with the old building.
A committee of ladies, composed of Mrs. Lyon G. Tyler, Mrs. W. A. Montgomery, Mrs. L. W. Lane, Jr., and Misses Warburton and Coleman, was present from the Colonial Capital Branch of the A.P.V.A., and presented a petition signed by about 65 residents of Williamsburg, asking that the building be restored to its former style, and to be used as formerly. A letter from the Richmond chapter of the association, signed by Mrs. J. T. Ellyson, president, was also read, asking the authorities to restore the old structure.
Mr. B. D. Peachy, an attorney who has long practiced in the old courthouse, said the courtroom was ample for all purposes, and urged that the building be restored.
Mr. Wolfe thought that if the Antiquarian society would accept the old building and restore it, it would be well to make them a gift of it and to erect a new and modern courthouse building on the Court Green or on Palace Green. At this point Mrs. Tyler said the A.P.V.A. did not desire the ownership of the building, as it had all the museum needed here.
Architect J. W. Lee, of Norfolk, was present and was asked if he thought the old walls could be saved. It is his opinion that they can be saved by bracing with iron rods and anchors and that it could be made as safe and strong as ever. He thought it would cost from $5,000 to $6,000 to restore the building, but was not positive, as he had no figures or plans.
In accordance with the last resolution offered by W. Spencer, the chair appointed a committee to go ahead with the work of restoration. The committee has power to restore the building, without consulting the council and board of supervisors, but if it is found that the walls will have to come down, then another joint meeting must be held. The committee is composed of the following: From the board, William Lee, chairman, J. A. Barnes and Warren Marston; from the council, Capt. L. W. Lane, J. W. Jones and R. L. Spencer."1 [The Virginia Gazette, May 11, 1911 - article indicating opposition to restoration - larger building asked. The Virginia Gazette, May 25, 1911 - people to decide by petition.]
Opp. p. 22.

RR143311 I. PHOTOGRAPH - COURTHOUSE OF 1770. Photograph made in 1931, just before restoration of exterior building.

22.
"RESTORATION WINS OUT. COMMITTEE WILL REBUILD.

For restoration ………….298
For a new building…………27
For restoration and addition..10
Secretary advised to advertise for bids."1
"CONTRACT AWARDED. RESTORATION TO BE RUSHED.
The Building Committee for the restoration of the old courthouse met here Monday morning… The following were the bidders and the amount of their bids:
C. T. Holtzslaw, of Hampton, for building complete, including fire-proof vault, $6,732.00.
R. H. Richardson & Son, Hampton, for building complete, including fire-proof vault, $5,452.00.
M. W. Gayle, of Newport News for building, not including fire-proof vault, $4,950.00.
The contract was awarded to R. H. Richardson & Son and the work is to be completed October 1…."2

Columns, which were not on the building in the eighteenth and nineteenth centuries, were placed under its portico for support.

In December, 1931, the City of Williamsburg and County of James City conveyed the Courthouse Green and the Courthouse of 1770 to Colonial Williamsburg. A new courthouse was erected near the corner of Francis and England Streets for the county and city.

The Courthouse of 1770 was restored - insofar as its exterior was concerned - to its eighteenth century appearance. Archaeological and architectural studies of the building were made in 1932.3 The columns, added in 1911, were removed. In April, 1933, "The Court House of 1770, newly restored and containing a Display of excavated Material recovered 23. in the Course of archaeological Investigation in Williamsburg, was opened to the Public."1 The building still contains the archaeological display; but plans are now being made to move this material to another location, and restore and refurnish the interior as a courthouse.

Illustrations of courtroom interiors follow.

The only description we have found concerning Virginia justices' dress in the eighteenth century appears in the Marquis de Chastellux's account of his travels in Virginia in 1782, when he was at Cumberland Courthouse, Virginia:

"It was on the 23d, but the heat was already very troublesome… I had the curiosity to go to the court-house, to see how this affair was transacted, and saw it was performed with great order and simplicity. The Judges wore their common clothes, but were seated on an elevated tribunal, as "at London in the Court of King's Bench or Common Pleas . …"2

It is probable that the justices in the higher courts followed the English custom3 of wearing robes, as they do in many higher courts in this country today. Whether the custom was followed in the county courts in colonial days we cannot now say. This point will require further research.

Report by:
Mary R. M. Goodwin
September - October, 1954

PHOTOGRAPH [PHOTOGRAPH]

FLOORPLAN

ANOTHER EIGHTEENTH CENTURY COURTHOUSE WHICH DEMONSTRATES UNMISTAKABLY THE INFLUENCE OF THE CAPITOL ON THE SUBSEQUENT DESIGN OF STRUCTURES DEVOTED TO GOVERNMENTAL USES IS THE CHOWAN COUNTY COURTHOUSE IN EDENTON, NORTH CAROLINA. THE PHOTOGRAPH (FROM THE H.A.B.S. COLLECTION) IS AN INTERIOR VIEW OF THE APSIDAL TERMINATION OF TEH COURT ROOM SHOWN IN THE PLAN BELOW. THE LATTER WAS TAKEN FROM THE EARLY ARCHITECTURE OF NORTH CAROLINA BY FRANCES B. JOHNSTON AND THOMAS T. WATERMAN, CHAPEL HILL, 1941.

WE CAN DO NO BETTER, PROBABLY, THAN QUOTE WATERMAN ON THE SUBJECT OF THIS COURTHOUSE AND ITS DESIGN DERIVATION SINCE, HAVING WORKED ON THE PLANS FOR TEH RECONSTRUCTION OF THE CAPITOL, HE WAS INTIMATELY ACQUAINTED WITH THE LATTER. [illegible] COURTHOUSE HE SAYS: "IT WAS BUILT IN 1767, AND IS ATTRIBUTED TO GILBERT LEIGH, A RESIDENT OF EDENTON, SAID TO HAVE COME FROM WILLIAMSBURG, VIRGINIA. THE GENERAL PLAN, WITH CENTRAL COURT ROOM AND FLANKING OFFICES, IS TYPICAL OF TIDEWATER VIRGINIA. AN EXACT PARALLEL IN PLAN…IS THE FORMER ISLE OF WIGHT COURTHOUSE AT SMITHFIELD, VIRGINIA. … THE ORIGIN OF BOTH BUILDINGS CAN CERTAINLY BE FOUND IN THE CAPITOL AT WILLIAMSBURG, WITH ITS APSIDAL GENERAL COURT ROOM AND HOSUE OF BURGESSES. EVEN THE JUDGE'S CHAIR AND PANELED WAINSCOT AT EDENTON AND PARALLEL TO THESE FEATURES OF THE WILLIAMSBURG CAPITOL. … THIS WOULD MEAN THAT LEIGH KNEW THE CAPITOL BEFORE THE FIRE OF 1747, AS ALL [illegible] DETAIL PERISHED THEN." (From the Architectural Report on the Capitol, by H. Dearstyne, MG]

i.

THE COUNTY COURTS

In 1697, Henry Hartwell, James Blair, and Edward Chilton wrote their account of The Present State of Virginia and the College, and described the courts in the Virginia Colony as follows:

"The Courts of Justice are not distinct as in England, but Causes belonging to the Chancery, King's Bench, Common Pleas, Exchequer, Admiralty, and Spirituality, are decided altogether in one and the same Court: And if any one that apprehends himself to be injur'd at Common Law, would appeal to Chancery, he only desires an Injunction in Chancery, and has another Hearing, but before the same Men still.
For deciding of all Causes there are two Sorts of Courts in the Country, viz. the County Court, and the General Court.

There is a County Court in every County; which consists of eight or ten Gentlemen of the Inhabitants of that County, to whom the Governor gives a Commission during Pleasure to be the Justices of the Peace for that County; he renews that Commission commonly every Year, for that brings new Fees, and likewise gives him an Opportunity to admit into it new Favourites, and exclude others that have not been so zealous in his Service. These Justices take the Oath of a Judge, with the other Oaths of Allegiance, &c. They hold a Court once a Month, or if there be but little Business, once in two Months, and have a Power of deciding all Sorts of Causes in their several Counties above 20 s. or two hundred Pounds of Tobacco, Value, except such as reach to the Loss of Life or Limb, which are reserv'd to the General Court, to which also Appeals lye from these County Courts.

These County Courts having always been held by Country Gentlemen, who had no Education in the Law, it was no Wonder if both the Sense of the Law was mistaken, and the Form and Method of Proceedings was often very irregular; but of late the Insufficiency of these Courts has been much more perceiv'd and felt than in former Times, while the first Stock of Virginia Gentlemen lasted, who having had their Education in England, were a great deal better accomplish'd in the Law, and Knowledge of the World, than their Children and Grand-children, who have been born in Virginia…

The General Court so call'd because it trys the Causes of the whole Country, is held twice a Year by the Governor and Council, as Judges, at James Town, viz. in the Months of April and October. …

Any Cause may commence in the general Court, that exceeds the Value of 16 l. Sterl. or 16 Hundred Pounds of Tobacco, and by Appeal, any Cause whatsoever may be brought thither. This Court takes Cognizance of all Causes in Chancery, the King's Bench, the Common Pleas, the Exchecquer, the Admiralty and Spirituality.

ii.

There lies no Appeal from this Court at present … but to the King in Council, and that only where the Value exceeds 300 l. Sterl. and where good Security to pay the Principal with all Costs and Damages is given. …"

[The Present State of Virginia, H. D. Farish, ed., (Williamsburg: 1940), pp. 44-47.]

A few years later, in 1705, Robert Beverley thus described the courts in Virginia in his The History and Present State of Virginia:

"They have two sorts of Courts, that differ only in Jurisdiction; namely, the General Court, and the County Courts. …


This court [the General Court] is held twice a year, beginning on the 15th of April , and on the 15th of October : Each time it continues eighteen Days, excluding Sundays, if the business hold them so long: And these are the only times of Goal-Delivery.

The Officers attending this Court, are the Sheriff of the County, wherein it sits, and his Under-Officers. Their business is to call the Litigants, and the Evidences into Court, and to impanel Juries: But each Sheriff in his respective County, makes Arrests, and returns the Writs to this Court.

The way of impanneling Juries to serve in this Court, is thus: The Sheriff and his Deputies every Morning that the Court sits, goes about the Town, summoning the best of the Gentlemen, who resort thither, from all parts of the Country. The Condition of this Summons is, that they attend the Court that day, to serve upon the Jury, (it not being known whether there will be occasion or no:) And if any cause happen to require a Jury, they are then sworn to try the issue, otherwise they are in the Evening, of course, dismist from all further Attendance; though they be not formally discharged by the Court. By this means are procur'd the best Juries this Country can afford; for if they should be summon'd by Writ of Venire , from any particular County… that County cannot afford so many qualify'd Persons as are here to be found, because of the great resort of Gentlemen, from all parts of the Colony to these Courts as well to see Fashions, as to dispatch their particular Business. …

The Grand-Juries are-impanneled much after the same manner; but because they require a greater number of Men, and the Court is always desirous to have some from all parts of the Country, they give their Sheriff order the Morning before, to provide his Pannel.


All Actions are in that Country brought to a Determination the third Court at farthest, unless some special extraordinary iii. reason be shown why the Party can't make his Defence so soon. … Thus a year and a half ends a Cause in the General Court, and three Months in the County--Court. If any one Appeal from the Judgement of the County-Court, the Tryal always comes on, the succeeding General Court, so that all business begun in the County Court, tho' it runs to the utmost of the Law, (without some extraordinary event) is finished in nine Months.


The County-Courts are constituted by Commission from the Governor, with advice of Council. They consist of eight or more Gentlemen of the County, called Justices of the Peace, the Sheriff being only a Ministerial Officer. This Court is held Monthly, and has Jurisdiction of all Causes within the County, not touching Life or Member: But in the case of Hog-stealing, they may Sentence the Criminal to lose his Ears; which is allow'd by a particular Act for that purpose. In all things they proceed in the same manner as the General Court.

Besides this Monthly Court, there is a day appointed, to be kept annually by the Justices of the said Court, for the care of all Orphans and of their Estates; and for the binding out, and well ordering of such fatherless Children, who are either without any Estate, or have very little.

[The History and Present State of Virginia, Louis B. Wright, ed., (Chapel Hill: 1947), pp. 256-260.]

Concerning these County Courts, R. T. Barton, in his introduction to Virginia Colonial Decisions (the Reports of Sir John Randolph and Edward Barradall an decisions in the General Court 1728-1741). writes:

"After population had spread far enough away from James City to make it inconvenient for the people to attend court there, and in order that justice might, as nearly as possible, be brought to every man's door, it was by act [March, 1623-24. I. Hening, 125] of General Assembly provided, that courts should be 'kept once a month in the corporations of Charles City and Elizabeth City for the decyding of suits and controversies not exceeding the value of one hundred pounds of tobacco and for punishing of petty 'offences.'

This was the first step taken by law for the establishment of the Monthly Courts, which were afterwards given the English name of County Courts… In the first commission [I, Hening, 132] issued for holding the court, the appointees are styled 'Comissioners to hold the monthly courts,' and this title they kept until by the act of February, 1631-32 [I, Hening, 169], the commissioners were given the authority 'to doe and execute whatever a Justice of peace, or two or more Justices of peace, may doe.'

iv.

Henceforth they are called justices of the peace, and after the name of the court was changed [Act, March, 1642-43. I, Hening, 272.] from Monthly to County Courts, and additional counties had been created and courts organized for them, and the courts had correspondingly grown in dignity and importance, it was provided [March, 1661-62. II, Hening, 69], as seems already to have been the practice, that the court should consist of 'eight of the most able, honest and judicious persons of the County.' This number did not always so remain, varying at different times and in different counties, but usually ranged from about eight to eighteen.

[Justice in Colonial Virginia, p. 77.]

Nor did the method of choosing these justices continue the same. At first appointed by the Governor and council and then for a time elected by the House of Burgesses, it was at length provided that the justices of the County Courts were to be chosen by the Governor and council on the recommendation of the County Courts. This practically came to mean a self-perpetuating body, with less of democracy but much more of efficiency, and, for a court, perhaps the ideal method of perpetuating the best and most independent membership.

So this system continued in Virginia until many years after the Revolution, and until an overgrown suffrage demanded and secured the sacrifice of this wise plan of selection…


The County Court through most of its history was held monthly at the courthouse of the county, but after a while four of its terms were set aside for jury trials, and called quarterly terms.

The County Court was the counterpart of the quarter sessions in England… Its jurisdiction was not simply judicial, for it had legislative, and to some extent, executive functions. It was moreover the fiscal agent of the county, and levied and directed the disbursements of the local taxes. It superintended the construction and maintenance of roads, built and repaired bridges, and cared for the public buildings, the courthouses, jails, etc. It had the power of appointment of some of the minor officers, such as constables, and, at one time, of the sheriff. The justices could act as coroners, and small suits could be tried by a single justice.

Among the numerous duties of the court was the licensing of taverns and tippling places; the auditing, and allowance of the payment of claims against the county; and even dues against the colonial government were examined by it, and its conclusions certified to the General Assembly.

v.

These courts had, moreover, jurisdiction for the trial of both criminal and civil cases, the latter both at law and in equity. The act of March, 1623-24, which established the monthly courts, gave them the right to decide controversies not exceeding the value of one hundred pounds of tobacco, and to punish petty offenses, but with the right of appeal to the Governor and council. Within ten years the maximum was increased to five pounds sterling, then to ten, and then to sixteen pounds sterling; and in 1642-43, by the same act which changed the name from Monthly to County Courts, the maximum of jurisdiction was put at twenty pounds sterling or two hundred pounds of tobacco. Finally there ceased to be a maximum limit, and the courts had jurisdiction of any civil cause wherein the matter involved was of a value of as much as twenty shillings.

[III, Hening, 507.]

The Common Law procedure prevailed in the County Courts, and so of the forms of chancery pleadings, for in 1645 [I Hening, 3O3] it was 'thought fit and accordingly enacted, that all causes of what value soever between party and party shall be tryed in the countie court by verdict of a jurie, if either party shall desire it, which jurors shall be chosen of the most able men of the county who shall, of course, be empanneled by the Sheriff for that purpose; but if the defendant before the hearing of the cause shall desire releife in equity, and to be heard in way of chancery, then the proceedings by way of jury at common law shall be stayed until the other party have answered the particulars of his petition upon oath and the cause heard accordingly; upon which hearing, The Commissioners shall either proceed to make a final end or decree in the said cause, or else, finding no such cause of releife in equitie as was pretended, then to remit the cause back again to be tryed by a jury as aforesaid.'


The presiding justice announced the rulings and decisions of the court, which, was in the General Court, were reached by a majority vote of the justices present.

Petit juries were selected at one time from the by-standers, and arbitrarily without a panel, but later were regularly chosen from those qualified [III, Hening, 176, 370] and summoned by the sheriff. As has been noticed, the law of 1642 gave the right of trial by jury in criminal cases, and the same law required them 'to keep from food and releife till they have agreed upon their verdict.'

After some vacillation in the law, the grand jury became a fixed institution and was required to attend at two of the terms of court annually.

The criminal jurisdiction of the County Courts was, except for a short interval, limited to cases not involving life or limb; and the law required all cases 'that concern life or member' to be sent to the General Court. But this vi. still left to the County Court the exercise of much ingenuity in the selection of punishments. Fines, stripes, ducking, the stocks, the pillory, lying neck and heels together at the church door, doing penance by making confession while standing on stools in the church with white sheets over them, - these and like devices made up to the courts the power denied them over life and limb.

[Justice in Colonial Virginia, 89.]

In the very early times the Governor had the right to appoint the clerks of the County Courts [I, Hening, 305], but later [Ibid., 448] this power was given to the County Courts themselves, provided, however, they should not remove, 'without manifest cause proved against him,' any clerk holding office at the time of the act. It was an office of much importance and very considerable revenue was derived from it. [Justice in Colonial Virginia, 114.] The appointees were usually men of high character and standing in the community… Nor was this characteristic of the county clerk confined to the very early times and only while they were appointed to the office. The reputation of the old clerk gave character to the office long after it became the sport of popular elections, and such the same class of men were chosen for many years after the new system was adopted. …

Nor is it to be wondered that a combination of justices so selected from the best material among the people, although not learned in the law, of clerks whose ability and character gave tone and dignity to the court, and of lawyers of such zeal and unselfish devotion to the causes of their clients, made of the County Court the remarkable institution that it was. Its assemblage each month, and more especially at the quarterly sessions, when jury-trials were to be had, and at the one term set apart each year for a round up of the fiscal affairs of the county, when the whole bench of magistrates sat in council, was the sign for the gathering of the people from every part of the county. To that day the conclusions of bargains previously begun were set to be finished; sales of land, effected between the terms, were perfected by deed and payments… payments of debts long past due were made… horse trading was lively and interesting; public sales of land or personalty took place according to advertisements, 'in front of the Court House,' and the voice of the crier announced all the day, the amount of the last and highest bid.


In spite of some of the objectionable features of the County Court, both in the court and on the green, it is not to be wondered that when in the Constitutional Convention of 1829-30 an effort was made to abolish it, it was defeated by the influence of such men as Chief Justice Marshall, Benjamin Watkins Leigh, John Randolph of Roanoke, Philip B. Barbour, Chapman Johnson, and others of their class.

vii.

But a sickening blow was given the system by the Convention of 1849, when the justices who composed the court were required to be chosen by popular election, and as Judge Waller R. Staples says [Virginia Bar -Association R. Vol. IV, 147], 'it finally passed out of existence under the operation of the Constitution of 1869,' for although a court by the same name continued until the Convention of 1904, yet after 1869 it ceased to be held by justices of the peace and was in every one of the hundred counties of the state presided over by a poorly paid judge, 'learned in the law.'

The system died with the justices, and its resurrection, even if desirable under any system of popular election, is made impossible where that element of Virginia voters imposed upon the state by the mandates of the Fifteenth Amendment of the Federal Constitution, can take an Influential part.

[R. T. Barton, Virginia Colonial Decisions, Vol. I. (Boston: 1909), pp. 194-207.]

In 1748, the General Assembly passed an act "For the better and more expeditious determination of controversies," entitled "An Act for establishing county courts, and for regulating and settling the proceedings therein ."1 The act ordered that:

"…in every county of this dominion, a monthly court shall be held, by the justices thereof… Which courts shall be called county courts, and consist of eight or more justices of the peace, commissionated by the governor or commander in chief of this dominion, for the time being: Any four of them, one being of the quorum, shall be sufficient to hear and determine all causes depending in the said county courts."2

The act gave "The Oath of a Justice of the Peace," and "The Oath of a Justice of the county court in Chancery," and set specified days for the courts to be held in each county. In James City County the court was to be, held on "the second Monday" In each month; in York County "on the third Monday of every month." If the business of any court could not be determined on court day, the justices could "adjourn from day to day, until all causes and controversies, then depending before them shall be heard and determined, or otherwise continued in the manner herein after directed."3 The act gave the justices Jurisdiction viii. "to hear and determine all causes whatsoever, at causes whatsoever, at the common law or in chancery, within their respective counties, except such criminal causes where the judgment upon conviction, shall be for the loss of life or member, and except the prosecution of causes to outlawry against person or persons, and except also, all causes of less value than twenty five shillings current money or two hundred pounds of tobacco, which said causes…are hereby declared cognizable, and finally determinable by any one justice of the peace."1 The act also set rules in proceedings at common law, and in chancery.

As one of its final clauses, the act ordered that in every county there "be erected, and kept in good repair, or where the same shall be already built, shall maintain and keep in good repair … at the charge of such county, one good and convenient courthouse, of stone, brick, or timber, and one common goal, and county prison, well secured with iron bars, bolts, and locks, and also, one pillory, whipping-post, and stocks; and where land shall not be already provided and appropriated for that purpose, such court may purchase two acres, whereon to erect the said public buildings, for the use of their county, and for no other use whatsoever: And to every court-house already erected and established, two acres of the land built upon and adjacent thereto, not having any house, orchard, or other immediate conveniences thereon, shall be and remain appropriated to such court-house, and the fee simple thereof is hereby declared to be in the court of the same county, and their successors, to the use of such county, as aforesaid; but where a court-house is already built in any city, or town, the land now laid off for the same, and the other public buildings, shall be judged and held to be sufficient: And if the justices of any county court shall at any time hereafter fail to keep and maintain a good and sufficient prison, pillory, and stocks, every member of the court so filling shall forfeit and pay five hundred pounds of tobacco, one moiety to the king… for the better support of this government, … the other moiety to the informer…"2

As noted in the text of this report, the Courthouse for James City County was moved from Jamestown to Williamsburg in 1715, and the necessary buildings erected near the corner of Francis and England Streets.3 We have found no information as to where the prison, pillory, stocks whipping-post, etc. stood at that time; but assume that they must have been somewhere near the courthouse. We know that after the City of Williamsburg was incorporated in 1722, Williamsburg used the James City County courthouse and jail "on sufferance."4 In 1745, the old Playhouse on the Palace Green was fitted up for the Williamsburg Hustings Court-house, but we do not know whether a new fail was built for the city or whether they continued to use the James City County jail. There are ix. numerous notices in the Virginia Gazettes to prisoners in both the James City County jail, and the Williamsburg City jail. Whether the county and city shared one jail building, or whether they had separate buildings we do not know. Nor is there additional information on this point after the erection of the Courthouse of 1770. Both the records and jail buildings have disappeared. We do know that after 1780, when the seat of government moved from Williamsburg to Richmond and the Public Gaol near the Capitol was no longer needed by the State, it was used by the City of Williamsburg and, after June, 1784, by James City County also. The county justices petitioned the House of Delegates as follows;

The Petition of the Justices of the County of James City Humbly sheweth that the public Jail in the City of Williamsburg is at present not made use of by any but the Corporation of the said City and the Jail of the said County is out of repair & unfit for use. That it would save the expence of repairing the County Jail, to the said County) and do no injury to the public if the said public Gaol should jointly be us'd by the County of James City & the Corporation of the City of Williamsburg. [June 5. 1784. Endorsed and allowed by Act of Assembly.1]

The old Public Gaol continued in use by the city and county until after the Civil War, when a new jail was built. It was also used for a time, after 1791, by the District Court.

New stocks, pillory, whipping post, and gallows were erected by James City County in 1793, but we do not know where they were located. A recently discovered account of county expenditures for the year included:

"1793.James City CountyDr Dos. Cents
To Daniel Jones for John P. Shields Acct for erecting a Gallows, Whippg, Post, Pillory & Stocks30. --"2

We do not know where these were erected, but it would seem that the whipping-post, at least, was in some public place - probably on or near the Market Square. In 1859 an editorial appeared in a Williamsburg weekly complaining that the "whipping-post, located where it is, is a nuisance, and should be removed" to a "more private place - say the jail yard."3 The following year, the same paper complained that although the Common Hall had passed an order "relative to the removal of the antiquated and much exposed 'whipping-post,' and its transfer to the premises of the jail," this had not been done.4

RR143322 1. ONE OF FOUR COURTHOUSE PLANS CONSIDERED BY COMMISSIONERS TO BUILD COURTHOUSE AT NELSON COUNTY, VIRGINIA- ca. 1807. From Massie MS, Virginia Historical Society, Richmond. Not to be reproduced without permission.

RR143323 2. ONE OF FOUR COURTHOUSE PLANS CONSIDERED BY COMMISSIONERS TO BUILD COURTHOUSE AT NELSON COUNTY, VIRGINIA - ca. 1807. From Massie MS, Virginia Historical Society, Richmond. Not to be reproduced without permission.

RR143324 3. ONE OF FOUR COURTHOUSE PLANS CONSIDERED BY COMMISSIONERS TO BUILD COURTHOUSE AT NELSON COUNTY, VIRGINIA - ca. 1807. From Massie MS, Virginia Historical Society, Richmond. Not to be reproduced without permission.

RR143325 4. ONE OF FOUR COURTHOUSE PLANS CONSIDERED BY COMMISSIONERS TO BUILD COURTHOUSE AT NELSON COUNTY, VIRGINIA- ca. 1807. From Massie MS, Virginia Historical Society, Richmond. Not to be reproduced without permission. [Note: Mr. Lawrence A. Kocher found a photograph of this drawing in the Cook Collection of Photographs, where it was attributed to Benjamin Latrobe.]

x.

THE HUSTINGS COURT OF WILLIAMSBURG

The Oxford-English Dictionary defines the Husting - or Hustings - Court as "A court held in the Guildhall of London by the Lord Mayor, Recorder, and Sheriffs (or Aldermen), long the supreme court of the city." It notes that this court was "formerly a court of common pleas, of probate, of appeal against decisions of the sheriffs, a court of record for the formal conveyance of property, etc.; but it is now convoked only for the purpose of considering and registering fits made to the City." References to the Hustings Court are given as early as the year 1100; and a 1607 reference quoted states: "Other Cities and towns also have had a court of the same name, as Winchester, Lincolne, Yorke, and Sheppey, and others."1

The first Hustings Court in the Virginia Colony was in Williamsburg, and was established by the Charter for the City of Williamsburg in 1722.2

The "Act directing the Building of the Capitol and the City of Williasmburgh" at Middle Plantation, passed by the General Assembly of Virginia in 1699, stated that it would be lawful for the governor of Virginia "by Letters Patents under the Seale of this his Majestyes Colony and Dominion" to incorporate the said City, to "be one Body politick and corporall by the Name of the Mayor Alderman [sic] and Commonalty of the City of Williamsburgh and by that Name to have perpetuall Succession and a common Seale."3

It was not until 1722 that Williamsburg became an incorporated city - it having, especially under the administration of Lieutenant Governor Alexander Spotswood, by that time "greatly increased in the Number of Inhabitants and of public and private Buildings."4

The charter, which was signed by Alexander Spotswood an July 28, 1722, ordered that Williamsburg should "be a City Incorporate, consisting of a Mayor, one Person learned in the Law, stiled and bearing xi. the Office of Recorder of the said City, six Aldermen, and twelve other Persons to be Common Councilman of the said City: Which said Mayor, Recorder, Aldermen and Common Council-men, shall be a Body incorporate." They were to have a common seal, which they could break, change, or make anew when they deemed it expedient. The charter appointed the first mayor, recorder, and aldermen, and gave instructions for their succession, and for electing the councilmen. It set the Feast of St. Andrew, November 30th, in each year as the day for the Mayor, Recorder, Aldermen, and Common Councilmen to get together and elect a new mayor — from one of the aldermen — for the following year; and also as the day for re-electing the Councilmen. It gave the corporation power to "hold two Markets weekly in some convenient Place in the said City," and ordered that two fairs be held each year — on December 12th, and on April 23rd or St. George's Day. It established a Court of Pipowder "for the Hearing and Determining all Controversies, Suits and Quarrels that may arise and happen" during the fairs, "according to the usual and legal Course in the like Cases in England ."1

The charter also established the Court of Hustings for the City of Williamsburg, which was to meet once a month, have jurisdiction over actions "personal and Mixt" within the city and the two ports [Queen Mary's Port on Queen's Creek and Princess Anne Port on Archer's Hope Creek], and serve as a court of record for the city. Concerning the Court of Hustings the charger provided as follows:

"…AND FURTHER WE DO GRANT for us and our Successors, that the said Mayor, Recorder and Aldermen and their Successors or any four or more of them, of which the said Mayor, Recorder or the last preceeding Mayor shall be one, shall hold a Court of Hustings once in every Month within the said City, of which Court they are hereby impowered to appoint and make Clerks and other proper Officers ----- [ms. torn] the Fees now settled and allowed in the County Courts of the said Colony, and shall have Jurisdiction and hold Plea of Trespass and Ejectment and of all Writs of Dower for any Lands and Tenements within the said City, and of all other Actions personal and mixt arising within the said City and Ports thereof; and as a Court of Record give Judgment, and award Execution thereon, according to the Laws and Statutes of England and of the said Colony. PROVIDED the Demand in the said Action personal or mixt or not exceed twenty Pounds current Money, or four Thousand Pounds of Tobacco. AND PROVIDED nevertheless, that any Party or Parties, Plaintiff or Defendant shall be at Liberty to appeal from the Judgment of the said Court of Hustings to the General Court, or to obtain a Supercedeas to such Judgmt returnable to the said General Court, under xii. such limitations, Rules and Orders, as are already prescribed and sett down by the Acts of Assembly of the said Colony, for obtaining and prosecuting Appeals and Writs of Supercedeas from the Judgment of the County Court, to the General Court. PROVIDED ALWAYS that no Person hereafter elected Alderman shall take upon him to act as a Justice of the Peace or sit as such in the Court of Hustings, unless he be a Justice named in some Commission of the Peace within this Colony . …"1

As noted earlier in this report,2 the Williamsburg Court of Hustings first met in the Courthouse for James City County, which they were allowed to use "on Courtesie." This Courthouse then stood near the southwest corner of Francis and England Street. In 1745 the Mayor, Recorder, Aldermen and Common Council of Williamsburg petitioned the "Gentlemen Subscribers for the Play house" on the Palace Green, to be allowed to use that building. They were given a deed to the building, which they repaired and altered "by their own Subscription." The Hustings Court met in that building until the Courthouse of 1770 was erected for the joint use of the County of James City and the City of Williamsburg.

In 1723, the General Assembly of Virginia passed "An Act for enlarging the Jurisdiction of the Court of Hustings, in the City of Williamsburg, within the limits thereof ." This act recited the powers given the Court of Hustings in the Charter of 1722, and added the following:

"…And whereas, the peace and good government of the said city, do very such depend upon a due regulation of the ordinaries and public houses, and the well ordering of servants and apprentices, within the said city, whereof the said court hath not at present competent jurisdiction. …

II. And be it enacted, by his Majesty's Lieutenant Governor, Council, and Burgesses, of this present General Assembly … That from and after the passing this act, the said court of hustings shall have the same power over the ordinaries and public houses within the said city, as well in granting licences, as in any other matter or thing; and shall and may hear and determine all complaints of masters, servants, and apprentices, within the said city, in the same manner as the courts of the counties of York and James City, respectively, now have or do; any act heretofore made to the contrary notwithstanding.

III. And for the more easy and speedy proceeding in the examination and commitment of persons commiting capital crimes, or other offences, triable in the general court, xiii. within the said city, Be it further enacted, by the authority aforesaid , That it shall and may be lawful, to and for the maior, recorder, and aldermen of the said city, or any three of them, whereof the said maior, recorder, or last preceding maior, shall be one, to take the examination of any person or persons whatsoever, suspected of having committed any capital crime, or other offence, triable in the general court, or courts of oier and terminer; and upon such examination, if they see cause, by mittimus under their hands, to commit such offender or offenders to the public goal of the said city. And the keeper thereof is hereby required to receive the body of such offender so committed, or by recognizance, to bind such offender or offenders, personally to appear before the next general court, on the fourth day thereof, or the next court of oier and terminer, and not to depart thence without leave of the said courts respectively…"1

In 1736, the "Jurisdiction of the Court of Hustings in the City of Williamsburg" was again enlarged. The court was to "have jurisdiction, and hold plea of all actions, personal and mixt, and attachments, whereof any court within this colony, by law, have, or can take cognisance." And "the maior, or recorder, and aldermen, of the said city, respectively, shall have, use, and exercise all the powers, jurisdictions, and authorities, out of court, which any justice or justices of the peace of a county, now have, or can, or may use and exercise."2

In 1742, the General Assembly passed "An Act, for explaining the charter granted to the city of Williamsburg; and for enlarging the jurisdiction of the court of Hustings, within the said city ," it being stated in the act that some doubts and controversies had arisen concerning the construction of the charter, especially concerning the, qualifications of persons "entitled by the said charter, to vote at the election of a citizen for the said city." No one could vote who did not own "an estate of freehold in one whole lot of land within the said city"; no person could vote in the city unless he had "actually resided there twelve months, next before the time of giving his vote." The matter was clarified; and it was also ordered that the Court of Hustings have the sole "power of granting licences to ordinary keepers within the said city," and that the counties of York and James City not "exercise any jurisdiction in that matter, as hath been formerly done."3

xiv.

The General Assembly passed, in 1769, "An act to explain certain doubts touching the jurisdiction of the court of Hustings of the city of Williamsburg ," which stated:

"… That from and after the passing of this act the said court shall have jurisdiction, and hold plea of all transitory actions and suits at common law, and in chancery, which shall actually arise within the limits of the said city, in the same manner as county courts within this colony by law have or can take cognizance of such pleas; any law, custom, or usage, to the contrary thereof, notwithstanding.

II. And whereas the said court of Hustings hath heretofore exercised an unlimited jurisdiction, as well in chancery as common law, and it will introduce great confusion if the same should now be liable to be reversed for want of a proper jurisdiction: Be it enacted by the authority aforesaid , That all judgments, orders, and decrees, which have been heretofore made, given, or pronounced, by the said court of Hustings, shall hereafter be held, deemed, and taken to be as valid, as if the same had been made, given, or pronounced by any county court within this colony…"1

It is most unfortunate that the early Williamsburg Hustings Court records are not now extant. They were taken to Richmond, with other records and papers, during the War Between the States, and were there burned.

The Williamsburg Court of Hustings did not become a court of record until 1784, when, in an act of General Assembly "incorporating the town of Petersburg," the hustings courts of Williamsburg, and Norfolk, as well as of Petersburg, were thereby

"…constituted courts of record, and may receive probate of wills and deeds, and grant administrations, in the same manner and under the like restrictions as the court of hustings in the town of Petersburg can or may do by this act."

This gave the said hustings courts the same power as courts of record that the county courts had "…in as full and ample manner as the county courts by law can or may do."2

xv.

THE COMMON HALL

Although the charter which incorporated the City of Williamsburg in 17221 did not specify the times of meeting of the Mayor, Recorder, Aldermen, and Common Council of that City in Common Hall, it did appoint the first mayor, recorder, and six aldermen; and it gave rules for succession, and directions for the election of the twelve Common Councilmen. It declared the "Mayor, Recorder, Aldermen, and Common Council-men … a Body incorporate, and one Community, for ever"; to have "one common Seal, to be used for their Causes and Businesses," which they could break.. change, or make anew as they saw fit.

As a body Incorporate, the mayor, recorder, aldermen, and common council had full power to "erect Work Houses and Houses of Correction and Prisons within the said City, and to make, order, and appoint such By Laws, Rules and Ordinances for the Regulation and good Government of the Trade, and other Matters, Exigencies and Things within the said City and Precincts as to them or the major Part of them shall seem most to be consonant to Reason and Justice, and not contrary but as near as conveniently may be agreeable to the Laws, Acts of Assembly and Statutes now in force; which said By-Laws, Rules and Ordinances shall be observed, kept, and performed, by all Manner of Persons, trading or residing within the said city…"2

The mayor, recorder, and aldermen were also appointed "Justices of the Peace within the said City" and "Directors of the Buildings and Streets"; with power to appoint "Constables, Surveyors of the Highways, and other necessary Officers, and to rule, order, and govern the Inhabitants and Buildings and the Streets thereof, as Justices of the Peace and Directors are, or shall be authorized to do."3 They were also allowed to hold a Hustings Court once a mouth, which court had much the same jurisdiction as the county courts.4

The mayor recorder, aldermen and Common Council probably met in Common Hall as the business of the town required their attention. After the Courthouse of 1770 was erected, the meetings were held in that building, except during periods when the building was used for other purposes.5 Unfortunately, the records of the Common Hall were sent to Richmond, with other records, for safekeeping during the War Between the States, and were burned. Our only information as to their activities is found in notices in the Virginia Gazettes, and in a few manuscript accounts which have survived.

xvi.

ACTIVITIES - OTHER THAN COURTS - IN THE COURTHOUSE OF 1770

1772, January:

"WILLIAMSBURG, January 16. AT a Court of Common Hall yesterday, to take under Consideration the Expediency of opening a Communication between James and York Rivers, by a Canal to be dug from Archer's Hope Creek, which runs into James River, to Queen's Creek, running into York River, it was the unanimous Opinion that such a Measure would be attended with very great Benefit to the Trade of the said Rivers, as well as to the Inhabitants of this City; upon which a Subscription was immediately set on Foot for carrying this desirable Scheme into Execution, which already amounts to upwards of two Thousand Pounds his Excellency the Governour [Dunmore] giving five Hundred Pounds, the Honourable Peyton Randolph, Esquire, two Hundred Pounds, and a Number of other Gentlemen a Hundred Pounds each. And there will be another Hall next Saturday at which all the Inhabitants are desired to attend, when it is not doubted the Subscription will be considerably increased… It is thought the Whole may be completed for six or seven Thousand Pounds."1 [Virginia Gazette, Purdie & Dixon, January 16, 1772.]

1774, July:

"FRIDAY, July 8. This Day there was a general Meeting of the Citizens at the Courthouse, where the following Address to the Honourable PEYTON RANDOLPH, Esq; our late worthy Representative (which had been previously drawn up) was unanimously approved of, and presented to him by a Committee delegated for the Purpose:
SIR,
WE, the Citizens of Williamsburg, reflecting with Pleasure on the Assiduous Attention which you, as our Representative in General Assembly, have ever paid to our Interests, as well as those of the Community at large; greatly scandalized at the Practice which has too much prevailed throughout the Country of entertaining the Electors, a Practice which even its Antiquity xvii. cannot sanctify; and being desirous of setting a worthy Example to our Fellow Subjects, in general, for abolishing every Appearance of Venality … earnestly request that you will not think of incurring any Expense or Trouble at the approaching Election of a Citizen, but that you will do us the Honour to partake of an Entertainment which we shall direct to be provided for the Occasion." [Virginia Gazette, Purdie & Dixon, July 7, 1774.]

1774, July:

"July 14. … Yesterday the Freeholders and Citizens of Williamsburg met at the Courthouse to make Choice of a Gentleman to represent them in Assembly, when the Honourable PEYTON RANDOLPH, Esq; as usual, was unanimously elected; and it was likewise agreed upon, that he should be our Deputy at the general Meeting to be held here on the first Day of August next." [Virginia Gazette, Purdie & Dixon, July 14, 1774.]

1774, August:

"WILLIAMSBURG, August 11.
In Consequence of an Invitation from the Honourable PEYTON RANDOLPH, Esq; our worthy Representative [to the Virginia Convention of Delegates], there was yesterday a very full Meeting of the Inhabitants of this City at the Courthouse, where they generally approved the Association entered into by the Delegates from the several Counties of this Colony, and subscribed thereto; and, at this same Time, contributed most generously for the Relief of our distressed Follow Subjects at Boston, both in Cash and Provisions."1 [Virginia Gazette, Purdie & Dixon, August 11, 1774.]

1775, February:

"WILLIAMSBURG, Feb. 4. …
Yesterday, at a meting of the inhabitants of this city [at the courthouse - see Purdie Gazette for Feb. 3 - Supplement], the Hon. PEYTON RANDOLPH, Esq; was unanimously chosen their Delegate to attend the convention [of Delegates] at the town of Richmond, on the 20th of next month." [Virginia Gazette, Purdie & Dixon, February 4, 1775.]
xviii.

1775, April:

"WILLIAMSBURG, April 22.
LAST Wednesday the freeholders and citizens of Williamsburg unanimously elected PEYTON RANDOLPH, Esq; to represent them in Convention for one year, from the first day of May next.
They have also unanimously resolved to continue their contributions to the Bostonians; upon which a subscription was immediately opened. [See also Pinkney Virginia Gazette, April 20, 1775.]

Last Thursday night Capt. Collins, with a party of men, belonging to the Magdalen armed schooner, by command of Lord Dunmore, came to this city, from Burwell's ferry, and privately removed out of the magazine, and carried on board the said schooner, about 20 barrels of gunpowder belonging to this colony. The inhabitants were alarmed with the intelligence early yesterday morning, the Common Hall assembled, and the following address was presented to the Governor. …"
["The humble ADDRESS of the Mayor, Recorder, Aldermen, and Common Council of the city of Williamsburg ," requested that Governor Dunmore order the powder to be "immediately returned to the magazine."] "To which his EXCELLENCY returned this verbal answer:1 THAT, hearing of an insurrection, in a neighbouring county, he had removed the powder from the magazine, where he did not think it secure, to a place of perfect security, and that, upon his word of honour, whenever it was wanted on any insurrection, it should be delivered in half an hour, that he had removed it in the night time to prevent alarm, and that Captain Collins had his express commands to the part he had acted; he was surprised to hear the people were under arms on this occasion, and that he should not think it prudent to put powder into their hands in such a situation." [Virginia Gazette, Purdie & Dixon, April 22, 1775.]

1776, July:

"WILLIAMSBURG, July 26.
YESTERDAY afternoon, agreeable to an order of the Hon. Privy Council, the DECLARATION OF INDEPENDENCE was solemnly proclaimed at the Capitol, the Courthouse, and the Palace, amidst the acclamations of the people, accompanied by the firing of cannon and musketry, the several regiments of continental troops having been paraded on that solemnity." [Virginia Gazette, Alex. Purdie, July 26, 1776]
xix.

1777, June:

"Notice is hereby given to all persons interested to appear at town courthouse in this city on the 23d day of this instant, then and there to show cause, if any they can, why the Court of Admiralty to judgment upon and condemnation of one moiety of the sloop Catherine, her rigging, tackle, apparel, furniture and cargo, against which a libel hath been filed in the said court by James Barron and others, should not proceed. By order of the Court of Admiralty. WILLIAM RUSSELL, Cl. cur."
[Virginia Gazette, Alex. Purdie, June 12, 1777.]

1777, October:

"HEAD QUARTERS, Williamsburg, October 30, 1777
A FEU de joy this afternoon at three o'clock, on the confirmation of the glorious news of General Burgoyne and his army being prisoners of war, all the troops are to parade at the barracks, the artillery with thirteen discharges, the infantry with three rounds; from thence they will proceed, in marching order, near to Mr. Powell's, where they will be joined by the city militia, from thence the whole will march in platoons round the capitol up the main street, to the common behind the courthouse; there the battalion will be formed, and the firing begin; thirteen discharges of cannon will be made, under the command of Captain De la Porte of the artillery; and, after a short interval, three vollies will be fired by the infantry; the whole battalion will then give three cheers, in which the spectators will most joyfully join . … A gill of rum will be issued for every soldier, in evidence of the Governor's hearty congratulation with them on this occasion.
EDWARD CARRINGTON, L. C. A.
Agreeable to the above orders the troops in this garrison, together with the city militia, formed a battalion on the common at the courthouse, where they were reviewed by General Nelson, the Speakers of the upper and lower Houses of Assembly, and many of the members; after which there were 13 discharges of cannon, and 3 vollies from the infantry, together with 3 huzzas from all present; joy and satisfactions, upon the occasion, was evident in the countenance of every one; and the evening was celebrated with ringing of bells, illuminations, &c." [Virginia Gazette, Dixon and Hunter, October 31, 1777.]

1781, December:

[Letter from Benjamin Waller to Gov. Benjamin Harrison]
Wmsburg Decr 18th 1781.
"Sir:
By Law the Court of Admiralty is appointed to be held at the Capitol in this City… that House is, and for some Time xx. past has been, full of the sick French Soldiers; and the Town Courthouse is used as a Barrack: so that the Court, by Consent of the Parties, has been lately held in my Office, which, with much Intercession is left empty. You, Sir, and the Council have a Power to adjourn the Court from the Capitol… I must beg the Favor of you to send an Order for adjourning the Court to the place where it has been lately held: [Calendar of Virginia State Papers, Vol. II, p. 666. Checked in ms. in Executive Papers, Dec. 1 - Dec. 31, 1781, Virginia State Library Archives.]

1801, May:

[Letter of J. S. Watson, student at William and Mary College, to his brother, David Watson at Louisa Court House.]
Williamsburg, May 7, 1801.
"… I mentioned to you in my last letter that I was then engaged in the construction of a Balloon. Since that time the Spirit for Balloons has been in a rage amongst us …. We constructed one of a globular form and six feet in diameter. We attempted to raise it on the C. House green. The wind blowing rather fresh at the time, we thought to take advantage of it by going near the walls of the C. House where the current was somewhat broken. Here we set fire to our spirits turpentine, which was fixed to the mouth of the Balloon, held it, till sufficiently heated, and then let it go. It rose, but, unluckily, the C. House, which broke the current of wind, formed an eddy. This drew our balloon against the eaves of the house. It tilted, took fire, and our hopes were blasted. This, which happened in the presence of a pretty numerous concourse, was a little mortifying to young philosophers. [Virginia Magazine of History, XXIX (1921), 166-168.]

1805, April:

April 11, Williamsburg.
"At a meeting of the Mayor, Recorder, Aldermen, and Common Council, held at the Court-House in the city of Williamsburg, an ordinance passed requesting Ro. Greenhow, Mayor, to advise the Executive of the State of Virginia that a number of Iron 9 and 12 pound balls were lying in the Magazine yard in the city subject to the depredation of any that choose to carry them off, and that they have been for a long time Instruments in the hands of the mischievous to break down the walls thereof. …" [Calendar of Virginia State Papers, IX, 439.]
xxi.

1832, April:

[Letter of A. P. Upshur to the Governor, Williamsburg, April 10, 1832.]
"It is my unpleasant duty to inform you that the former capitol in this City was this day entirely consumed by fire. …
The term of the Superior Court of Law and Chancery commenced on Friday last, and will expire on Friday night next. In the meantime it is highly important that the Executive, … should designate some other place at which the future sessions of the Court may be held until provision shall be made therefor by the Legislature. The Court House of James City County is at present the only suitable place for this purpose. …" [Calendar of Virginia State Papers, X, 574-575.]

1832, June:

"At a Court of Common Council held for the City of Williamsburg at the Courthouse thereof on the 23rd day of June 1832.-
The State of the Levy of this City this day laid and assessed is as follows."
[There follows account of expenditures by the Corporation - for support of indigents; to overseer of the poor; to clerk; sergeant; jailor- barkeeper; etc. Debits $635.05 Credits $635.02] [Ms. CWI Archives.]

1833, September:

[The minutes of the Dover Baptist Association state that the Association met at the Court House in Williamsburg on September 24, 25, 26, 1833, at the time they convened to draw the line between the Baptist Church and the "Reformers," or followers of Alexander Campbell. (See "The Powder Magazine." compilation of source material on the Magazine prepared in 1934. Typescript copy, Research Department, P. 107.)]

1841, February 25-26:

"… The Church is much in debt - 'tis said to the Amount of $2000. This days sales will probably not discharge the 4th part. The fair was to have been held at the Raleigh, but the Faculty of our College prohibited their pupils attending it at a tavern, & on the responsibility of one of its members the Ladies have taken possession of the Court-House.
… 1841. Feby 26… Our fair at the Court House still continues. Your Sister Sally was occupied the whole of yesterday at Mrs Sheldon's table as clerk… They received at their table $100." [Galt Mss. Letter of A. D. Galt to his son, John M. Galt in Philadelphia, February 26, 1841.]
xxii.

1855, June:

"NEW COURT HOUSE. Mr. Johnson Sands, who contracted with the city to build the new Court House, for the District Court and Special Court of Appeals, has commenced operations. … This new edifice is to be constructed on the South side of Main Street, nearly opposite the old Court House, and, from the plan and specifications … promises to be quite an ornament to our city.
We understand that one of the rooms is to be fitted up for a Law Library." [Virginia Gazette, J. H. Ewing, Williamsburg, June 28, 1855.]

1862 ? :

[Ca. April-May, 1862, evidently before the battle of Williamsburg on May 5th, Miss Sallie M. Galt of Williamsburg wrote an undated letter to her cousin. Letter in Galt Mss. on deposit, CWI Archives.]
"… I write to let you know that Williamsburg is not yet in possession of the enemy who have not advanced farther than Newport News…
We have had the houses full of our officers & have taken the College & Courthouse for barracks. For the last few days many thousand soldiers have been in Wmsburg on their way to York Town & the region round about Hampton. …"

1862, May 12:

[Dr. Alfred Hitchcock, Federal surgeon, wrote another surgeon concerning the Federal occupation of Williamsburg(after the battle of Williamsburg an May 5), and about the hospital at William and Mary College, etc. He stated:] "… There were about 1000 Rebel wounded & perhaps half as many Union men when we arrived… about 30 special surgeons came with us- 4 churches - court House and many private houses in this old Aristocratic seat of learning have been occupied as Hospitals. …" [See William & Mary College Historical Notes (research report, 1954) for copy of this letter, p. 586.]

1862, n. d.:

[From "The Vest Mansion, Its Historical and Romantic Associations as Confederate and Union Headquarters, 1862-1865." Typescript in Research Department, CWI, by David Edward Cronin, who was Federal provost marshal of Williamsburg for a time after the battle of Williamsburg - p. 14.] "McClellan says he found the town 'filled with Confederate wounded.' The college buildings, the Court House, the spacious Baptist Church and many private dwellings, were converted into temporary hospitals."
xxiii

COURTHOUSE FOR YORK COUNTY 1733 - 1814

From: The Colonial Courthouses of York County, Virginia, by Edward M. Riley, in WILLIAM & MARY COLLEGE QUARTERLY HISTORICAL MAGAZINE, 2nd series, Vol. XXII (1942) pages 399-414.

p. 402:
"…Whatever the reason, the county court on December 21, 1730, appointed certain of its members to 'receive Proposals from proper workmen to undertake the erecting of a new Courthouse…'


The contractor, Robert Ballard, completed the building a short time before July 16, 1733. On that date, the court ordered the members of the building committee to examine the new courthouse and determine if the contractor had fulfilled the articles of agreement…


The cost of the new courthouse was defrayed by a series of annual levies beginning in 1728,and continuing through 1732.22 The total sum collected amounted to 122,657 ½ pounds of tobacco. This amount of tobacco, even at the low prices prevailing at that time, must have brought a very sizeable sum when sold by the sheriff. A building to cost that much must have been imposing. A British visitor to the town in 1736 seems to have been impressed by it, for he said that 'The Courthouse is the only considerable publick Building, and is no unhandsome structures.'23 That a building in the colonies could have been considered worthy of mention by an Englishman is indicative of some elegance.

One feature, a floor of imported stones, was added after the completion of the building. This must have enhanced the elegance of the courthouse. Presumably the floor was at first constructed of wood, which apparently rotted within six years. On July 18, 1739 the court ordered Thomas and William Nelson, the leading merchants of Yorktown, to 'send to England for Stone to lay the floor of the Court House and of the two offices and for one Yard and one Ell according to the Standard of England. …'24 Upon delivery of the stone, the county paid the Nelsons the sum of £ 40 sterling. That the county would go to the trouble and expense of importing stone from England for the floor was evidence of the great pride with which the local authorities regarded the courthouse.

xxiv

The sturdy construction of the courthouse is proven by the lack of any major repairs having been made to it until after the Revolution. In 1746 and again in 1776 minor repairs, such as the 'mending of broken windows, were made, but these were the only mention of repairs to the structure prior to the Siege of Yorktown in 1781.25

During the eighty-one years of existence of this courthouse (1733-1814), there were only brief periods during which it did not serve in its intended, capacity. Two of the great scourges of mankind, war and pestilence, forced the court to convene elsewhere on several occasions. Although there is evidence that smallpox forced the court to be held outside the town on a previous occasion,26 the inhabitants of the county thought it necessary to petition the General Assembly during the epidemic of 1758-59 to permit them to move the court. They probably deemed it necessary as the act of 1696 had established the town, as the only place for the convening of the county court. The General Assembly, therefore, was required to pass another act repealing this provision before the court could be legally moved. Upon due consideration of the petition before the Assembly repealed the act of 1696, and the inhabitants of York county could again hold court without fear of becoming infected with the dreaded small pox.27

The Revolutionary War did not require the evacuation of the courthouse by the court until the town had been actually occupied by the British forces under Lord Cornwallis in the summer of 1781. After a long period of care and protection by the county authorities, the courthouse was grossly maltreated by the British forces. To what use the building was put by the troops of Lord Cornwallis has not been ascertained, but inasmuch as they pulled down the American hospital to clear the way for their fortifications, it is possible that the courthouse was appropriated for hospital service. Whatever the use, the interior of the building and the windows were destroyed by the British. The extent of the damages was estimated by the county at £ 100.28 As the courthouse stood in an area in the town to which the shellfire of the allied batteries did little damage, the injuries to the building must be attributed to the British.

xxv

The capitulation of the British army did not end the indignities which the building had to endure. When the French troops entered into winter quarters in the town after the siege, the courthouse served as a hospital for their sick and wounded. Although apparently no extensive damage was done the building during this time, it was impossible to use it as a court. In January, 1782, the magistrates of the county attempted to hold court there, but 'the variety of disorders therein, and the disagreeable small of the House deter'd the Gentlemen from going in…'29

The General Assembly could not act to relieve this situation until its May, 1782 session. It acted at that time, however, by passing a law empowering the justices of the county court to meet at any other place in the county that they considered proper, as long as the courthouse was occupied by the French.30 The slowness of the assembly could be excused, but the court did not act in accordance with this measure until October 21, 1782, several months after the departure of the French. On that date the justices adjourned from the courthouse 'to the House of Mrs. Gibbons,' a leading ordinary of the town on the adjoining lot (lot 30).31

After the departure of the French army, the county court on; July 15, 1782 ordered William Goosley, William Reynolds and William Cary to engage workmen to repair the courthouse and the jail.32 Either the lack of funds or the slackening of interest prevented the work from being carried to completion for some time, as another committee was appointed by the court on April 16, 1787 'to treat with any Person or Persons to compleat the repairs of the Court house and prison…'33

Itemized accounts of the work done by various workmen on the courthouse reveal the extensive nature of the damage which had been done, as well as provide information about the appearance of the colonial building. A total of 108 'sash lites' were made, which proved the veracity of the justices in claiming the total destruction of the windows in the courthouse. Thirty-six of these windows were listed as having 'compass heads.' Other architectural information concerning its construction and furnishing can be gleaned form reference to paneled window shutters, dentil cornice, 'A circuling Seat for the Jury to Set on,' a 'Balluster Rail in Circule,' A 'Righting Desk at the Bar 15 feet & half Long,' 'Two boxes for the Sherifs to Sett in wainscoted with three steps to Each,' a lawyers' bench, and 'the Chair wainscoted 7 feet High 4 feet wide two pilasters Dentle Cornish.' A xxvi total of 22,000 shingles was needed to cover the building.34 While it is possible that certain articles of furniture were not exact duplicates of those destroyed in 1781, it is also possible that they were copied so as to return the building to its former elegance. There is no evidence to lead to a belief that the building was changed in any way during this work.

These repairs were completed by the end of the eighteenth century, and the courthouse resumed its normal functions. The only other change made in the building occurred in 1806, when the court ordered the 'Piazza' of the courthouse 'enclosed.'35 After this renovation, the courthouse stood in the town until the disastrous conflagration of March, 1814 destroyed it beyond hope of repair. The following newspaper account of the fire described its destructive power:

York, March 4
Yesterday about 3 p.m. Mrs. Gibbon's house in this place took fire, and together with the county Court-house, the Church, the spacious dwelling of the late President Nelson, and the whole of the town below the hill, except Charlton's and Grant's houses, were consumed…36

Footnotes

^1 In 1715, at the instance of the governor, Alexander Spotswood, and the majority of the justices of the county (although there was strong opposition to the part of some), the county seat for James City County was moved from Jamestown to Williamsburg. A courthouse was erected on lot #204, at the southwest corner of Francis and England Streets. [See research report on the James City County Courthouse Site - Block 4.]

Today a courthouse, built in 1931 for the joint use of the city and the county, stands on this approximate site. This was not a "restoration," but was built to house the present-day needs of the courts.

^2 Williamsburg became an incorporated city in 1722 - the charter establishing a Court of Hustings, and appointing a mayor, recorder, alderman, and Common Council. In 1745 that body petitioned the "Gentlemen Subscribers for the Play house in the City" for the use of that building, setting forth that they had "hitherto used the Court House of James City; County on Courtesie"; that the Playhouse had "not been put to any Use for several Years" and was "now going to Decay"; and that they intended "to repair and alter it by their own Subscription," if their request was granted. It was granted; and notice was given that the mayor would receive proposals for fitting up the Playhouse as a Courthouse: "…that is to say, to be new shingled, weatherboarded, painted, five large Sash Windows, Door, flooring, plaistering, and proper Workmanship within." [York County Records , Deeds V, pp. 153, 154; and The Virginia Gazette, December 12-19, 1745.]

After the Capitol burned in 1747, the General Court of the Colony met for a time in this Hustings Courthouse. [Gooch Papers. Mss. Vol. III, p. 844. Virginia Historical Society.]

^1 In 1764, the General Assembly of Virginia passed "An act to empower the corporation of the City of Williamsburg to assess taxes on the inhabitants thereof for the purposes therein mentioned," the act reading in part:
"II. Be it therefore enacted by the Lieutenant-Governour, Council, and Burgesses, of this present general Assembly… That it shall and may be lawful for the mayor, recorder aldermen, and common-council, of the said city of Williamsburg, for the time being, in common-hall assembled, to levy and assess by the poll, on the tithable persons inhabiting within the said city, all such sum and sums of money as shall be sufficient for defraying the charges and expenses of building a court-house, market house, and prison, for the said city, when those now in use shall happen to fall to decay, or be otherwise destroyed, and to keep the same in repair…" [William Waller Hening, The Statutes at Large, Vol. VIII (Richmond: 1821), p. 21.]

This tax was also to provide for purchasing or renting a house for a hospital for "contagious distempers," and providing doctors, nurses, etc., for purchasing fire engines, firemen, fixing pumps in wells, paying watchmen, and keeping streets in repair. There is no surviving record as to the amount of tax "settled and proportioned…in pursuance of this act on the inhabitants of the said city"; or of how it was spent.

^2 These records, with others, were moved to Richmond for safe-keeping during the Civil War, and were burned there. In the eighteenth century, part of Williamsburg was in James City County and part in York County. Fortunately, the York County Records have survived.
^1 The Virginia Gazette, William Rind, ed., March 23, 1769 (p. 3, col. 3) and March 30, 1769 (p. 4, col. 1).
^2 It has been suggested by Mr. Lawrence Kocher of the Architectural Department, CWI, that possibly Robert Smith, the Philadelphia architect (b. 1722 - d. 1777), had some thing to do with the plan of this Courthouse. Smith prepared plans for the Lunatic Hospital in Williamsburg ca. 1770. Benjamin Powell of Williamsburg was the "undertaker" for this hospital. [See Wyndham Blanton, Medicine in Virginia in the Eighteenth Century (Richmond: 1931), p. 292 for picture of Smith's elevation and floor plan of the hospital.] However, nothing has been found to substantiate Mr. Kocher's theory in the records here, nor in the surviving papers of Robert Smith in Philadelphia.

Four suggested plans, showing arrangements for interior of a court-house, were found in the Massie MS. at the Virginia Historical Society-evidently prepared ca. 1807 in connection with a courthouse for Nelson County, Virginia. The Director of the Society has granted permission to include these plans in this report (see photostats numbers IX - XII following page ix)-but they cannot be reproduced without permission of the Society. MG 11-25-57

^1 Journals of the House of Burgesses… 1770-1772 (Richmond: 1906), p. 9.
^1 Journals of the House of Burgesses…1770-1772 (Richmond: 1906), pp. 55, 62,73, 95, 98, 108.
^2 William Waller Hening, The Statutes at Large (Richmond: 1821), Vol. VIII, pp. 418-420.
^3
Ibid., pp. 405-406.

"An act for adding part of the county of Nansemond to the county of Isle of Wight, and for ascertaining part of the boundary between the counties of James City and York .

I. WHEREAS all that part of the parish of Suffolk…

II. And whereas it is represented, that the line dividing the counties of James City and York, so far as the same runs through the city of Williamsburg, is very uncertain, and that it is necessary for the direction of several sheriffs of the said counties, in executing their process, that the line should be fixed and ascertained: Be it enacted, by the authority aforesaid , That from and after passing this act the said line shall be established and continued from the main road, by the north end of the college, as it now runs down the middle of the main street to the eastern end of the market place, thence into the lane which divides the store-house of James Anderson, merchant, from the lots of the orphan of William Lightfoot, esq. deceased, as far as the middle of the paling of the said lots, thence through the middle of those lots, and all the other lots on the north side of Francis street, till it passes through the middle of the lots of the honourable William and Thomas Nelson; thence across the capitol square, in a straight line, through the middle of the lots of John Prentis, gentleman, and Catherine Davenport, till it falls into the street leading to the main York road."

[Note; The above act was drawn up and passed by the House of Burgesses, the Council and the Governor, who gave his assent in December, 1769. See Journals of the House of Burgesses…1766-1769 (Richmond: 1906), pages 333, 342, 345, 354.]

^1 The Virginia Gazette, Purdie & Dixon, eds., July 19, 1770. The following issues are incomplete or missing, and nothing further appears in the Gazettes on this sale.
^2 Ibid., Purdie, ed., October 17, 1777. John Carter purchased the house and lots "where Robert C. Nicholas, Esq; lately lived"; and offered them for sale the following year. Ibid., Purdie, ed., August 21, 1778. See research report on the James City County Courthouse Site - Block 4.
^3 York County Records, Deeds VIII, p. 107. September 27, 1770.
^1 William Nelson Letterbook, 1766-1775. Ms. in Virginia State Library,; p. 245. (Photostatic copy - Colonial National Historical Park, Yorktown.) See also information on following page concerning steps.
^2 Humphrey Harwood Ledger - B, folio 5. Ms. (and photostat) CWI Archives.
^1 John S. Charles, "Recollections of Williamsburg, Virginia, as it appeared at the Beginning of the Civil War, and just previous thereto"
^2 See pp. 7-8 of this report. Mr. Charles is right about their color; for in 1932, when archaeological investigation of the old step foundations was being made, fragments of reddish stone were found. These fragments were subsequently placed in drawers of the museum cases which were in the Courthouse of 1770, when the archaeological collection was placed there.
^3 A clock was intended in 1772. On July 9, 1772, John Norton wrote Robert Carter Nicholas from London: "Mr Allan who came this spring from Virginia via Liverpool, brought your Bill on me for £50.--, which was intended for the purchase of a Clock in the New Court house in Wmsburg, Mr Allan & I have made enquiry, and find that a Clock agreeable to the directions sent will cost considerably more than £100.-for which reason we are both of opinion 'tis best to lett the matter rest till further orders from Virga,…" [W. C. Nicholas Papers, Ac. #5533, University of Virginia MSS.]

On Sept. 23, 1772, Nicholas wrote John Norton: "…The Money sent to purchase a Clock for our Court House was raised by private Subscription, I will let those concern'd know of the Deficiency & if they chuse to open their Purses Wide enough to accomplish their Wishes, it is probable I may ask your Assistance here after." [Norton Papers, CWI Archives.] We find nothing further on the subject. MG

^1 Vestry Book of Bruton Parish Church, 1827-1889, Ms. vol. now on deposit in CWI vault for safekeeping, p. 49.
^2 In December, 1780, Governor Thomas Jefferson (having been informed that the Capitol cupola in Williamsburg had been stripped of its lead and the clock exposed to the weather) wrote Col. Muter that some means must be taken to protect the clock, which should "be made absolutely secure in some way or other." The Capitol was falling into ruins. In 1793 proceeds from the sale of the eastern wing were used to repair the western wing of the building. The Botetourt statue was still in the "piazza" between the two wings in 1796, when Benjamin Latrobe sketched it there. It was moved to the College in 1801. When the clock was removed is not now known; but the portion of the building which supported the Capitol cupola disappeared before 1824.
^3 See Architectural Report "The Old Court House, Block 19, Building 3" by Messrs. Kocher and Dearstyne, 1950.
^4 Benjamin Latrobe's Journals. April 5, 1796. Ms. in possession of Ferdinand Latrobe in 1930. (From typed excerpt made by Mr. Harold Shurtleff in 1930, when he examined the Ms.)
^1 See illustrations in this report. Columns were added for support of the pediment after the fire of 1911, and were removed during the restoration of the building in 1932. See p. 22 following.
^2 Massachusetts Historical Society Collections, Vol. IX, pp. 103-104. Journal of the Siege of York in Virginia by a Chaplain of the American Army. September 24, 1781.
^3 Johann David Schoepf, Travels in the Confederation, 1783-1784, (Philadelphia: 1911). Translated from the German, and edited by Alfred Morrison, pp. 78-80.
^1 A LETTER, To the Rev. JEDEDIAH MORSE A.M. … By a citizen of Williamsburg. [St. George Tucker.] Richmond: Thomas Nicolson, 1795, p. 14. Reprinted by the Institute of early American History and Culture, (Richmond: 1953).
^2 See page 8 of this report.
^3 See page 9 of this report.
^4 William and Mary College Archives. Jurgeson Collection. Mss. Papers of George Blow. Account Book of R. H. Waller, 1787 &c., p. 50. R. H. Waller was clerk of James City County Court.
^5 Jurgeson Collection (see above). Mss. Papers of George Blow. Box 29, Folder 4.
^1 Illustrations of courthouse interiors are included in this report, following page 23: (I) The Chowan County Courthouse at Edenton, N.C. (II) The Court of Quarter Sessions and Common Pleas at York, Pennsylvania (1801). (III) The Court of Common Pleas, Westminster Hall, London. (IV) The Court of King's Bench, Westminster Hall, London. (V) The Court of Exchequer, Westminster Hall, London. (VI) The court of Chancery, Lincoln's Inn Hall, London. (VII) Court at "Old Bailey," London.
^1 These detailed specifications were noted by Mr. Marcus Whiffen in the Northern Neck Historical Magazine for December 1951. When he informed us of their existence, I immediately ordered a photostat from the Lancaster County Records, Order Book VIII, page 287, as quoted above. They add most interesting material to this report, which was compiled in 1954. MG 6/8/56

A previous examination of the court records which had survived for nearby counties brought little information to light. Early records for several surrounding counties had not survived - notably James City, Charles City, New Kent, and Gloucester counties. The York County Records contained no details concerning the building of the courthouse in the order books, but there were scraps of information among loose papers concerning repairs made to the courthouse for York County ca. 1787 (see report following). The records for Surry and Isle of Wight counties contained only brief references to the letting of contracts for their courthouses, the acceptance of work when completed, and payments for it.

^1 Photostat of page from Norfolk County Wills & Orders, 1723-1732 in CWI Archives.
^2 Blank space left here in manuscript record. In other instances where ------ appears in above quotation, the work appears in record but is illegible. MG
^1 Richmond County Court Records, Orders 1704-08, p. 60. [At a Court held May 2, 1705.]
^2 Richmond County was formed in 1692, and a courthouse seems to have been erected prior to 1705. A new courthouse was built in 1748-49. The village was known as Richmond Courthouse until ca. 1846, when it was renamed Warsaw, out of sympathy with the Polish struggle for liberty. [Virginia State Historical Markers, page 180.]
^3 Richmond County Records, Orders 1739-1752, page 257. [At a court August 6, 1750.]
^1 The Williamsburg Courthouse of 1770 is T-shaped, as are the older courthouses in Charles City and King William Counties.
^2 See article "The Colonial Courthouses of York County, Virginia" by Edward M. Riley in the WILLIAM & MARY COLLEGE QUARTERLY, 2nd series, Vol. XXII (1942), pp. 399-414. See also Appendix of this report, p.xxiii.
^3 See brief notes on the County Courts, Appendix, p. i - ix.
^1 See Appendix, pp. x - xiv, for notes on the Hustings Court.
^2 See Appendix, p. xv, for brief notes on the Common Hall.
^1 For details of the activities mentioned in this paragraph, see chronology of activities in the Courthouse of 1770, Appendix, pp. xvi - xxii.
^2 See letter of B. Waller to Governor Harrison, December 18, 1781, Appendix, pp. xix - xx.
^3 See letter of A. P. Upshur to Governor, April 10, 1832, Appendix, p. xxi.
^4 See letter from A. D. Galt to son, February, 1841, Appendix, p. xxi.
^5 See letter from Miss Sallie M. Galt to cousin, n.d., Appendix, p. xxii.
^6 See letter from Dr. Alfred Hitchcock, May 12, 1862; also excerpt from David E. Cronin's manuscript "The Vest Mansion," Appendix, p. xxii.
^1 John S. Charles, "Recollections of Williamsburg, Virginia, as it appeared at the Beginning of the Civil War…" (Williamsburg: 1928), typescript copy, Research Department, CWI, pp. 39-40.

In 1854-1855 a large Baptist Church was erected on the south side of Duke of Gloucester Street, just to the east of the Magazine. It was torn down when the Market Square was restored in 1935.

^2 Judge Frank Armistead told Mr. Harold Shurtleff this in July, 1931. (See Research Department card file - under Courthouse - Williamsburg, for note on this conversation.)
^3 Minutes of Circuit Court, 1866-1882, p. 23. (Ms. volume in Clerk's Office, Courthouse for Williamsburg and James City County.)
^1 Conversation with Mrs. Virginia Blanchard (11/1/54). Only surviving records for period are minute book above noted (1866-1882); and Minutes of County and City Court, 1871-1875 and 1875-1882 (2 vols.). Also two fee books: 1865-1881 (James City County) and 1865-1875 (Circuit Court). These have been searched, and nothing of interest on the Courthouse appears in them.
^1 The Virginia Gazette, Williamsburg, W. C. Johnston, ed., April 6, 1911.
^1 The Virginia Gazette, Williamsburg, W. C. Johnston, ed., April 27, 1911.
^1 The Virginia Gazette, W. C. Johnston, ed., June 15, 1911.
^2 The Virginia Gazette, W. C. Johnston, ed., June 29, 1911.
^3 See progress pictures - Old Court House, Block 19. See also architectural report of Messrs. Kocher and Dearstyne, August 4, 1950, "The Old Court House, Block 19, Building 3".
^1 Rutherfoord Goodwin, A Brief & True Report Concerning Williamsburg in Virginia, third edition revised and enlarged (Williamsburg: 1940), p. 329.
^2 Marquis de Chastellux, Travels in North-America…1780, 1781, 1782. (London: 1787) Vol. II, pp. 121-123.
^3 See Illustrations III, IV, V, VI following.
^1 William Waller Hening, The Statutes at Large, Vol. V (Richmond: 1819), pp. 489-508.
^2 Ibid., V, 489.
^3 Ibid., V, 489-491.
^1 Hening, Statutes at Large, V, p. 491.
^2 Ibid., V, 507-508.
^3 See page 1 of this report.
^4 See page 1 of this report. Also see Southall Papers, Folder 124- [Notes on case - Commonwealth vs. Booker by Mr. Southall. "…Recites that Wmsburg had used Jail of James City by sufferance." See card from Southall papers - Wmsbg. Courts & Prisons.]
^1 Hening, Statutes at Large, Vol. XI, page 381.
^2 Tazewell Papers, Acc. 6151. Mss. Virginia State Library. (Photostat CWI)
^3 Weekly Gazette and Eastern Virginia Advertiser (Williamsburg: E. H. Lively) Sept. 14, 1859.
^4 Ibid., March 21, 1860.
^1 The Oxford-English Dictionary (Oxford: 1933), Vol. V, p. 476.
^2 Williamsburg was the first incorporated city in Virginia, its charter being signed on July 28, 1722. Other Virginia towns were incorporated later: Norfolk (1736); Alexandria (1779); Winchester (1779); Fredericksburg (1781); Richmond (1782); Petersburg (1784); Yorktown (1786).
^3 Rutherfoord Goodwin, A Brief & True Report Concerning Williamsburg in Virginia, third enlarged edition (Williamsburg: 1940), pp. 335-344, for Act of 1699.
^4 Ibid., pp. 350-357 for copy of Charter of Williamsburg. A copy of the charter, made by Joseph Davenport, the first town clerk, is preserved in the William and Mary College Library.
^1 Rutherfoord Goodwin, A Brief & True Report Concerning Williamsburg in Virginia, p. 356.
^1 Rutherfoord Goodwin, A Brief & True Report Concerning Williamsburg in Virginia, p. 356.
^2 See page 1 of this report. See also research report on Site of First Williamsburg Playhouse, Block 29, Lots 163, 164, 169.
^1 William Waller Hening, The Statutes at Large, Vol. IV (Richmond: 1820), pp. 138-141.
^2 Ibid., Vol. IV, pp. 541-542.
^3 Ibid., Vol. V, pp. 204-207.
^1 Hening, The Statutes at Large, Vol., VIII, pp. 401-402.
^2 Ibid., Vol. XI (Richmond: 1823), pages 382-387. (May, 1784).
^1 Rutherfoord Goodwin, A Brief & True Report Concerning Williamsburg in Virginia, third enlarged edition (Williamsburg: 1940), pp. 350-357 for copy of Charter of Williamsburg, signed by Alexander Spotswood, July 28, 1722. [A manuscript copy of the charter, made by Joseph Davenport, the first town clerk, is preserved in the William and Mary College Library.]
^2 Ibid., p. 354.
^3 Ibid., p. 353.
^4 Ibid, p. 356.
^5 See this report, pp. xvi - xxii for surviving items concerning the meetings of the Common Hall and other activities in the Courthouse of 1770.
^1 The meetings of the Common Hall and the citizens were held at the Courthouse. The Virginia Assembly passed "An act for cutting a navigable canal from Archer's Hope Creek, to Queen's Creek, through or near the City of Williamsburg," during its 1772 session. Hening, Statutes at Large, VIII, 556-563. At least five thousand pounds were collected towards the project (Virginia Gazette, February 20, 1772; April 23, 1772). However, the project was never completed.
^1 Peyton Randolph was elected burgess for Williamsburg and also representative from Williamsburg to the first Virginia Convention of Delegates, which met there August 1-6, 1774. The Association agreed to by the citizens at the Courthouse was the non-importation agreement drawn up by the convention. Aid was sent to Boston because of the sealing of the Port of Boston with an armed force.
^1 Lord Dunmore gave his own account of the reasons for removing the powder in a letter to Lord Dartmouth, British Secretary of State, May 1, 1775. He said the "Mayor and Corporation came to my house, leaving their armed force at a little distance, with an address in reality milder in terms, than I expected." [JHB 1773-1776, xviii]
^22 The annual levies for the courthouse raised the following sums: 1728-8,640 pounds of tobacco; 1730-23,460 pounds; 1731-55,737 1/2 pounds; and 1732-34,820 pounds. Apparently there was no levy in 1729. York county, ORDERS, WILLS, ETC. NO. 16 (1720-1729), pt. 2, p. 553; Ibid., No. 17 (1729-1732), 123, 243, and 335.
^23 "Observations in Several Voyages and Travels in America in the Year 1736," WILLIAM AND MARY COLLEGE QUARTERLY HISTORICAL MAGAZINE, XV (First series; April, 1907), 222.
^24 York county, WILLS AND INVENTORIES, No. 18 (1732-1740), 503.
^25 Ibid., No. 19 (1740-1746), 435; York county, ORDER BOOK No. 4 (1774-1784), 121, 123 and 132.
^26 In 1748 Francis Jerdone complained in a letter of the prevalence of smallpox, which had caused the shops of the town to be closed, and the court adjourned to a place twelve miles off. "Letterbook of Francis Jerdone," WILLIAM AND MARY COLLEGE QUARTERLY HISTORICAL MAGAZINE, XI (First series; January, 1903), 154. Presumably the court met at this time in the house of William Corridon, who was paid the sum of five hundred pounds of tobacco at the levy of 1750 "for the use of his House to hold Courts." York county, JUDGEMENTS AND ORDERS, No. 1 (1746-1752), 376. Corridon operated an ordinary in the county at this time.
^27 Hening, op. cit., VII, 320-21.
^28 "Public Losses in York County from the invasion of the Enemy in the year 1781" in York county, CLAIMS FOR LOSSES OF YORK COUNTY CITIZENS IN BRITISH INVASION OF 1781, claim no. 31.
^29 Letter of William Reynolds to Governor Harrison, January 23, 1782, in Wm. P. Palmer, et. al, editors, CALENDAR OF VIRGINIA STATE PAPERS AND OTHER MANUSCRIPTS, 1652-1869, PRESERVED IN THE CAPITOL AT RICHMOND, III, 44.
^30 Hening, op. cit. xi, 20.
^31 York county, ORDER BOOK No 4 (1774-1782), 308. Apparently the justices had been braving the 'disagreeable smell of the House' until this date.
^32 Ibid., 302. The French soldiers, with the exception of a small force under the command of Colonel Lafayette, left Yorktown on July 1, 1782.
^33 Ibid., No. 5 (1784-1787), 442. William Reynolds, William Goosley and Robert Sheilds formed this committee.
^34 York county, Loose Paper File.
^35 The Courthouse was whitewashed at this time. Both of these alterations were made at the cost of only thirty dollars. The work on the 'Piazza' could not have been very extensive. York county, JUDGMENTS AND ORDERS, No. 8 (1803-18140, 219.
^36 The RICHMOND ENQUIRER, March 9, 1814.
xxvii

INDEX

Attorneys,
13a, 13c, 14, xxv.
See also
Lawyers.
Baluster rails,
13-a, 14, xxv.
See also Bars;
Railings.
Banisters,
13, 13b.
Bars,
13a, 13b, 13c.
Bells,
13b, 19, xix.
Benches,
13a, 13c, 14, xxv.
for justices,
13a, 13c.
for lawyers,
14, xxv.
under windows,
13C.
See also
Chairs; Seats.
Boxes,
14, 19, xxv.
for juries,
19.
for sheriffs,
14, xxv.
Bruton Parish Church,
9-10 & n. 11, 12, 16, xxi.
Capitol,
1-n, 10 & n, 11, 16, xviii, xix-xx, xxi.
Chairs,
13a, 14, xxv.
for clerk of court,
13a.
for king's attorney,
13a.
for presiding justice,
13a, 14, xxv.
See also
Benches; Seats.
Chancery Court,
16, xxi.
Charles, John S., quoted,
9 & n, 17.
Chowan County Courthouse (N.C.), illus. I
(following p.23).
Clerks of Common Hall,
xxi.
Clerks of Court,
13a, 14, vi, xxv.
chairs for,
13a.
tables for,
13a.
Clerks' Office,
9.
Clocks,
9-10 & n.
Common Council,
1 & n, 2, 4, 5, 6, xv.
See also
Common Hall.
Common Hall,
2, 3, 15, xv, xvi, xx, xxi.
barkeeper of,
xxi.
clerk of,
xxi.
Duties of,
15, xv.
fees paid by,
xxi.
meetings of,
xv, xvi, xx, xxi.
members of,
15, xv.
sergeant for,
xxi.
Constables,
14, iv.
County Courts,
14, i-ix.
court days for,
14, i, iii, vii.
jurisdiction of,
i, ii, iii, iv-v, vii-viii.
members of,
i, iii, iv-vii.
See also
James City County Court; Justices.
Court of Admiralty,
xix-xx.
Court of Chancery,
xxi.
Court of Hustings,
see
Hustings Court.
xxviii
Courthouse of 1770:
act of Assembly concerning,
4.
advertisement concerning erection of,
3.
archaeological display in (1933 &C),
22-23.
banisters for,
13.
barracks in,
(1781)
16, xx;
(1862)
16, 18, xxii.
basement of,
19.
bell on,
19.
building of (1770),
1-8.
burning of (1911),
18-22.
chancery court in, (1832),
16, xxi.
chimney of altered,
8.
church fair in,
16, xxi.
clerk's office in,
9.
clock for,
9 & n - 10 & n.
columns, planned for,
10-11.
added (1911),
9, 22.
Common Hall meets in,
15, xv, xvi, xx, xxi.
See also
Common Hall.
completion of building,
6-7.
court room of,
8.
descriptions of,
(1783)
11;
(1795),
12;
(1796)
10;
(1861)
9 & n, 17.
expense of building mentioned,
4, 5.
furnishings of,
2, 13.
See also Courthouses,
Virginia.
grates in,
8.
handrails for,
13.
hospital in,
16, 18, xxii.
Hustings Court in,
14-15.
jurisdiction of,
x-xiv.
See also
Hustings Court.
illustrations of exterior,
A-G front of report; I following p.21.
of interior,
H Opp. page 18.
ironwork for,
8.
jail for,
ix.
James City County Court meets in,
3, 4, 15.
jurisdiction of
i-ix.
See also
County Courts.
jury box in,
19.
Jury rooms in,
8, 9, 18, 19.
land for,
3-6.
pediment of,
10.
plan for mentioned,
3 & n.
plastering in,
8.
records concerning mentioned,
2.
records in saved (1911),
18, 19.
repairs to,
8, 12-13,
after fire (1911),
20-21.
restoration of (1931-32),
22, 23.
rooms in,
8, 9, 18, 19.
steps for,
7-8, 9 & n.
stove for,
12.
town meetings in,
15, xvi-xix.
xxix
uses of,
14, 18, xvi-xxii.
during Civil war,
16-18, xxii.
whitewashing in,
8.
windows repaired,
12.
Courthouses, English, interiors of
See illustration III-IX
following page 23.
Courthouses, North Carolina
See illustration I-A
following page 23.
Courthouses, Pennsylvania
See illustration II
following page 23.
Courthouses, Virginia:
attorney's chair in,
13a.
balluster rails in,
13a, 14, xxv.
banisters of,
13, 13b, 13c.
bars in,
13a, 13b, 13c, 14, xxv.
bells of,
13b, 19.
benches in,
13a, 13c, 14, xxv.
See also
chairs in;
seats in.
for justices,
13a, 13c.
for lawyers,
14, xxv.
under windows,
13c.
boxes in,
14, 19, xxv.
for juries,
19.
for sheriffs,
14, xxv.
brickwork of,
13, 13a, 13b.
building materials for,
12, 13, 13a, 13b, 13c.
ceilings of,
13a, 13b.
arched,
13b.
chairs in,
13a, 14, xxv.
See also
benches in;
seats in.
clerk's table in,
13a.
cornices of,
13a, 14, xxv.
crown glass for,
13a.
desks in,
14, xxv.
dimensions of,
13, 13a, 13b.
doors in,
13a, 13b.
folding,
13a.
floors of,
13a, 13b, xxiii.
stone,
13a, xxiii.
furnishings of,
13a, 13b, 13c, 14, xxv.
See also
illustrations of interiors I-VIII,
following page 23;
and plans
following page ix.
gates in,
13a.
grates in,
8.
jails for,
viii-ix.
jury rooms in,
8, 9, 18, 19, 13c.
benches for,
13c.
jury seats in,
13a.
jury tables in,
13a.
justices benches, seats & chairs in,
13a, 13b, 13c, 14, xxv.
for presiding justice,
13a, 14, xxv.
lawyers' benches in,
13c, 14, xxv.
painting in,
13a, 13b
piazzas of,
13c, xxvi.
plans for (ca. 1807)
see illustrations IX-XII
following page ix.
xxx
plastering in,
8, 13a.
railings in,
13, 13a.
See also
Balusters; Banisters; Bars.
roofs of,
13a.
tarred,
13a.
See also
Shingles.
seats in,
for juries,
13a, 13b, 13c, 14, xxv.
for justices,
13a, 13b, 13c, 14, xxv.
See also
Benches; Chairs.
sheriffs' boxes in,
14, xxv.
sheriffs' seats in,
13a.
shingles for,
12, 13a, 13b, xxv.
shutters of,
14, xxv.
specifications for,
13, 13a, 13b, 13c.
stairs in,
13a, 13b.
steps for,
7-9, 9 & n.
tables in,
13a, 13c.
clerk's,
13a.
for jury,
13a.
wainscoting in,
13a, 14, xxv.
whitewashing of,
8, 13a.
windows of,
12, 13a, 13b, 14, xxiv, xxv.
compass,
14, xxv.
dormer,
13a, 13b.
oval,
13b.
sash,
13b.
yards of fenced,
13c.
Courtrooms, illustrations of:
See illus. H
op. page 18;
illus. I-IX
following p. 23.
Crown glass,
13a.
District courthouse,
xxii.
See also illus. G
in front of report.
Edenton, N.C., courthouse at
See illus. I
following p. 23.
English courtrooms,
23.
See illus. III-VIII
following p. 23.
Federal Court, Richmond, Va. (Latrobe) illus. I
following p. 23.
Flagstone,
13a.
Furnishings for courthouses,
13, 13a, 13b, 13c, 14, xxv.
See also illus. H
following p. 18;
illus. I-VIII
following p. 23.
General Court,
1-n, ii, iii, v.
General Courtroom (Capitol),
13b.
Glass window,
12, 13a, 13b, 14, xxv.
Harwood, Humphrey, accounts of,
8, 12.
Hustings Court,
14-15, 17.
duties & jurisdiction of,
x-xiv.
meeting place of,
1-2 & n, 3, 7, 17.
members of,
x-xi.
Jails, county,
iv, viii, ix.
James City County,
3-6, 5-n.
bounds of,
5-n.
land annexed to,
3-6.
James City County Court
court days of,
14, vii.
jurisdiction of
See County Courts,
i-ix.
justices of,
14, i, iii, iv.
records of,
2 & n, 17.
See also
Courthouse of 1770; James City County Courthouse.
xxxi
James City County Courthouse:
(1715-1770)
1 & n, 2 & n, 6-7, viii.
(1770-1930)
see
Courthouse of 1770.
Judges
see Justices.
Juries,
8, 9, 13a, 13c, 14, 18, 19, ii, iv, v, vi, xxv.
seats for,
13a, 13c, 19.
tables for,
13a.
Jury rooms,
8, 9, 18, 19, 13c.
Justices,
13a, 13b, 14, 23, i, iii, iv, v, vi, vii, xxv.
appointment of,
i, iii, iv.
bench for,
13a, 13c.
See also
seats for
chair for presiding justice,
13a, 14, xxv.
dress of,
23.
number of,
14, i, iii, vii.
seats for,
13b.
Lancaster County Courthouse, specifications for,
13-13a.
Latrobe, Benjamin, quoted,
10-11.
Lunatic hospital,
12.
Magazine,
11, 12, xx.
Norfolk County Courthouse, specifications for,
13b.
Palace,
11, xviii.
Pillories,
viii, ix.
Plans, for Courthouse of 1770, ment.,
3 & n.
of Virginia Courthouses,
3-n,
and illus. IX-XII
following p. ix.
Playhouse, hustings court in,
1 & n, 7, viii.
Railings,
13a, 14, xxv.
See also
Balusters; Banisters; Bars.
Raleigh Tavern,
3, xxi.
Richmond County Courthouse,
13c.
Schoepf, Johann David,
11.
Seats, for Juries,
13a, 14, xxv.
for Justices,
13a, 13b, 13c.
See also
Benches; Chairs.
for Sheriffs,
13a, 14, xxv.
Sheriffs,
13a, 14, ii, iii, iv, v.
boxes for,
14, xxv.
seats for,
13a.
Smith, Robert, mentioned,
3-n.
Stairs,
13a, 13b.
Steps, stone,
7-8, 9 & n.
Stocks,
viii, ix.
Stone floors,
xxii.
See also,
Flagstone.
Stone steps,
7-8, 9 & n.
Stoves,
12.
xxxii
Tables,
13a, 13c.
for clerks,
13a.
for jurymen,
13a.
Town meetings at Courthouse of 1770,
15, xvi, xvii, xviii.
Virginia courthouses
See
Courthouse of 1770; Courthouses, Virginia.
Wainscoting,
13a, 14, xxv.
Whipping posts,
viii, ix.
William & Mary College mentioned,
xx, xxi, xxii.
Williamsburg:
courthouses in
see
Courthouse of 1770; Hustings Courthouse; James City County Courthouse, etc.
See also
Court of Admiralty; District Court.
incorporation of
1-n.
Window glass,
12, 13a, 13b, 14, xxv.
Windows
see
Courthouses, Virginia
Wren, Sir Christopher, mentioned,
18, 19.
York County, Va.,
3-6, 14, xxiii-xxvi.
bounds of,
5-n.
land annexed from,
3-6.
York County Courthouse,
14, xxiii-xxvi.
York, Pennsylvania, courthouse in, illus. II
following p.23.
I.

RR143326 SKETCH MADE IN THE FEDERAL COURT, RICHMOND

II.

RR143314 COURTHOUSE IN YORK, PENNSYLVANIA.

III.

RR143315 COURT OF COMMON PLEAS.

IV.

RR143316 COURT OF KING'S BENCH.

IV-A.

RR143301 COURT OF KING'S BENCH, WESTMINSTER HALL, LONDON.

V.

RR143317 COURT OF EXCHECQUER.

VI.

RR143318 COURT OF CHANCERY.

VII.

RR143319 OLD BAILEY.

VIII.

RR143320 GUILDHALL.

IX.

RR143321 CROWN COURT, HARTFORD, ENGLAND.