Court records on this page are in italics. The double page number at the beginning of records represent page numbers from abstracts by the Sparacios followed by (=) page numbers from the original records.

The formation of Middlesex County (with some corrections to traditional dating)
After December 1656, the county of Lancaster included today's Middlesex; the Rappahannock River split the county into two sections, with many records using "Northside" and "Southside" to distinguish them. Court was held on the Northside, meaning Southside representatives and residents had to cross the river to attend and do business. Separation would seem to be inevitable...eventually.

Unfortunately, the existing court records for Middlesex don't begin until 2 Feb 1673, but the very first record of that date shows the county and its court were clearly active before then. The exact date of the formation of Middlesex County can be narrowed in on just so far based on existing documents. C. G. Chamberlayne, in the introduction to his transcription of the Vestry Book does an excellent job using the vestry records, the Lancaster court records, the land grants, the Hening Statutes, and The Randolph Manuscript.
However, there are actually three more records in Lancaster Court that further help dating the start of official county activity, as shown later.

Chamberlayne finally arrived at the following (underlining mine):

"In view of the foregoing facts: (1) that Middlesex County is first mentioned by name in Hening under the date April 20, 1670; (2) that the records in the Virginia Land Office carry the county back no further than to Oct. 30, 1669 (or at earliest to Feb. 5, 1669); (3) that under the date July 10, 1667, the Lancaster County Order Book refers to the south side of the Rappahannock as being in Lancaster County; (4) that under the date Sept. 27, 1667, refers to the north side of the Dragon Swamp (now Middlesex County) as being in Lancaster County; and (5) finally that on Sept. 16, 1668, the vestry of Christ church agree that a petition for the rattification of a former act for the division of the County of Lancaster be forwarded to the Grand Assembly --- it can be taken as possible that Middlesex County was (at least provisionally or in some sense) established between Sept. 27 1667, and Sept. 1668; as highly probable that it was finally established some time between Sept. 27, 1667 and Feb. 5, 1669; and as certain that it was established between Sept. 27, 1667 and Oct. 30, 1669."

Lancaster court 10 Jul 1667
A Peticon beinge this day presented to this Cort. under the handes of some of the inhabitants of ye Southside of ye River in this County, desireing that every other Cort. might bee kept on the sde. southside. In answer to ye sde. Peticon, this Cort. doe declare that they conceave it very just & reasonable that the Cort. bee continued where it hath for many yeres past beene kept, & that if ye Southside of this County shalbe pleased to devide themselves & make a County on ye Southside they are lefte to their owne libtie when they think fitt. (Abst. Capt. Wormeley & Mr. Jo: Curtys)

Middlesex was for sure not separated until after the levy of 11 Nov 1668 for Lancaster, which is still split and labelled with "Northside" and "Southside" names. The next Lancaster levy of 10 Nov 1669 shows that the Southside names have all dropped out.

The next three records below were not noted by Chamberlayne in his calculations.
Lancaster court 18 Feb 1668[/69]
Justices Pr:sent Mr. Davyd Fox, Mr. Ra: Travers, Mr. Rich: Perrott, Mr. Will: Ball, Capt. Xpofer [sic] Wormley, Mr. Jo: Curtys, Mr. Abr: Weekes, Mr. Geo: Wale
Justices Richard Perrot, Christopher Wormley, John Curtis, and Abraham Weekes are all Southside residents, representing their part of the county.
The next entry in the Lancaster court book shows:
Lancaster special court 24 Mar1668[/69]
Justices Pr:sent Mr. Davyd Fox, Mr. Ra: Travers, Mr. Will: Ball, Capt. John Carter, [blank space in this col], Mr. Geo: Wale
In Obedience to ye Order of Assembly for the devideing of this county, It is ordered that Mr. Thomas Madestard, Mr. Thomas Haynes, Mr. Thomas Marshall & Mr. Bryant Stott bee p:sented to the Right Honble., ye Governr: for a supply to this Commicon.
This order is for replenishing the Justice of the Court of Lancaster, meaning they have lost the representatives of the Southside. And all the other common Southside names drop out of the Lancaster court records at this time, with the occasional exceptions of people finishing previous business. No matter what term one might use, pending, provisional, etc., the people of Southside had to take care of their county business and have justice administered, so it's at least highly probable that the active date of Middlesex County can be narrowed to sometime between 18 Feb 1668/69 and 24 Mar 1668/69.

Just two months later comes the first mention of Middlesex by name in the Lancaster court order books, further pushing Chamberlayne's "certain" dates back by another few months:
Lancaster court 12 May 1669 [underlining mine]
In a difference dependinge at this Cort. betweene Samuell Bevan & Xpofer Rogers in a matter of fact crimnall wch: was committed on the other side of the Riv; now Midd:, the matter remayneing yet undertermined [sic] is referred to that County together wth: the prisoner there to bee enquired into.

The early Courts and some records of interest
The first pages of the court orders contain regular court business of private citizens along with many interesting orders about the organizing of the court. Below are the latter type of orders from the first 20 or so pages. The page numbers in front of the orders indicate the page in Sparacio's transcriptions = original page.

1=1 The Names of ye Grand Jury 1673.
Mr. Willm. Gordon, Mr. Robt. Price, Mr. John Stamper, Wm. Willm. Cheynie, Mr. Thomas Hill, Mr. Petr. Mountague; Mr. Thomas Townsend; Mr. Tho. Williams; Mr. Tho. Dudley, Mr. Jno. Nicholls, Mr. Thomas Thompson, Mr. Tho. Lee; Mr. Christr. Kilbee; Mr. Henry Nicholls; Mr. David Branck; Mr. Andrew Williamson, Mr. Willm. Watson; Mr. Max. Pettis; Mr. David Allison

Att a Court held for County of Middx the Second day of February at the Court House Present Sr. Henry Chicheley Gent. Henry Corbyn Esqr., Mr. Henry Thacker, Mr. Richard Robinson, Mr. John Vause, Capt. Robert Beverley, Mr. Richard Perrott Gen, Sr. Wm. Skipwith Esqr. Major John Burnham, Mr. Abaham Weekes, Mr. Richard Perrott Junr.
It is the opinion & order of this Court that Joseph Chippe be Clerke of this Court p [pro] tempore, untill the opinion of the honble Berke Secretary be further....
These may certifie Yor: Worps that I am still in a Languishing declineing Condicon and therefore sent what papers relates to the sd Cort: with the Records, as for a Clerke you depute if you please I am not willing to be troubled with the imployment any longer, finding it not agreable with my present condicon; as for Leases other writings books & papers which belong to the Court I shall deliver to place appoint &...not else but.... I am yr faithfull Servant
John Lindsey
31 Jan 1673
for the Worshpfll their Matys Justices of peace of Middx. County
The above written letter is ordered to be recorded
p [per] Jos: Chipp Cl Cur

The first order dealing with a private citizen is a deed from Elizabeth Spurgis "of the Hamlett of Lyme in County of Middx." as widow and Administratrix of her late Husband Robert Spurgis, giving her PoA to Sammell [sic] Phillips "to recover of Roger Shackleford of Peancatanke in the parts beyond ye Seas within Collony of Virginia Territory" [details omitted here]. The PoA had been written 2 Nov 1672.

4=4 court 2 Mar 1673/4 att the Court House
Present: Sr. Henry Chicheley, Mr. Richard Perrott Senr., Capt. Robert Beverley, Mr. John Vause, Doctr. Walter Whittaker, Mr. Henry Thacker, Mr. Richard Perrott Junr., Justices

These are to begg & desire yor Worpps: (if you have not already done it) to permitt Mr. Chippe to be my Successr [sic] who I judge to be very capable thereof and no doubt but will be faithfull in soe doing Yor Worpps. Yr Faithfull Servant
John Lindsey
Febry 10th 1673/4
To the Right Worshipll: his Maties Justices of the Peace of Middlesex County
The above written letr so directed is by this Cort ordered to be recorded.

Christopher Kilby is this day discharged from being Constable & John Niccoll appointed Constable in his place for the next ensueing yeare & to be sworne by Mr. Richard. Perrott Junr.
Thomas Weatherby is this day discharged from being Constable & Erasmus Withers is apointed Constable in his place for the next ensueing yeare & to be sworn by Mr. Robinson.
Daniell Banbury is this day discharged from being Constable & Anthony Harlow appointed Constable in his place for the next ensueing yeare & to be sworne by Mr. Thacker.
John Nixson is this day discharged from being Constable & Jeremy Overy appointed Constable in his place for ye next ensueing yeare & to be sworn by Mr. Haslewood or Mr. Weekes.

5=5 As of this time the high Sheriffe is Christopher Wormeley as shown in an order on this page.

It is ordered this day by ye Court that ye whole Comission for said County do meet on Tuesday the Tenth day of said Instant Month att ye Court howse [sic] there to consult, consider & order severall affaires which must concerne ye Court & which they are hereunto required by a late Act of Assembly.

6/7=6/7
At a Court held (by espetiall order) for the County of Middx the Tenth day of March 1673 att the Court Howse there present Mr. Richard Perrott Senr., Dr. Walter Whittaker, Major John Burnham, Mr. Abraham Weekes, Capt. Robert Beverley; Mr. Henry Thacker; Mr. John Haslewood, Mr. Richard Robinson, Mr. John Vause, Mr. Henry Perrott Junr. - Justices
You shall sweare that with the best of your deplents [sic] & skill, you shall use or exercise and execute the Clerkes place of Office of this County Court duringe the tyme you shall continue & remaine therein, neither shall or will take of receive by any devise, or meanes whatsoever of ffee [sic] or rewards of any person or persons whatsoever for the altering of any Record nor consent to the same, neither shall you deferre any person or persons for expedicon money, but shall faithfully to the best of your understanding & knowledge draw upp all Orders of this Court & finally doe all other matters of things incident & apperteyneing to ye said place of Clerke for the tyme you shall continue herein So help you God
This Oath was this day taken by Joseph Chippe & by the Court ordered to be recorded verbatim

The Court taking into its Consideracon that besides the great trouble, that they or most of them have, in comeing a great way to serve the County, in spending their tyme and wasting their spirits about the same, they have hereunto all ben att great expences in mainteyning themselves & horses, in necessary diett & lodging, which they have found by experience not only to bbe a great charge to the, but also not att all either by Law of Custome equall in this Country. Therefore we doe hereby order that five hundred Weight of Tobacco p diem shall be allowed to every pticuler person of this Comission to be Levied in ye publique levy of this County, for and towards ye defraying of their severall charges which they must of necessity be compelled to expend, to begin from ye tyme of ye laying of the last levy, & to end att ye laying of ye next levy, and if it so happen that any one of ye Comission shall not expend ye full some so allowd yem when so much shere of as is not so by them expended, shall be cast into the whole to make upp the sull some of the five hundred pounds expence, so to be expendd. and so to continue for the future.

Whereas the Court this day meet in pursuance of a certain Act of Assembly, intituled an Act provideing Supply of Armes & Ammunicion and upon full consultacon of the matters herein expressed, they could find no one person or persons that would undertake to furnish such armes as are wanted in this Countrie att a reasonable rate & Act of a Levy of Tobacco upon this People should be laid, that Tobacco sent for England, for the provideing & aquiraseing [sic] this same, it might possibly amount to so high sumes as by ye people could not safely be borne, And Whereas Major John Burnham & Capt. Robert Beverley being present att this Court did offer & propose that in case the rest of the Militia Officers in sd County would agree & consent so to doe, that then they would with all possible conveniency send for & procure, so many such armes for their respective Companies & Troops as are wanted, upon condicon that each souldier wanting, may be constrained to take the same and to allow for every penny so disbursed (for the Cost of such Armes as they shall be found to want and therefore forced to take) one pound of Good sweet sented Tobacco & caske of their owne Croppe or One pound & halfe of good Merchantable Orronoaco Tobacco & Caske and for this county the honble Leiut. [sic] Govr. to judge betwixt Officers & souldiers whereof they shall be constryned or not, to take such armes by reason they are not provided as they ought. This Court hereof thought fitt to deferr further debate about the said matter untill the Honbl. Lieut: Genll. shall appoint another meeting about the same.

8/10=8/10 court 4 May 1674
By the Governor & Capt. Genll. of Virginia. Whereas the high Sherriffe place of Middlesex County doth this ensueing yeare properly belong to Coll. Cuthbert Potter and att the request of said Coll. Potter att his departure for England humbly desires it might be transferred to Mr. Richard Robinson, I doe therefore hereby nominate & appoint ye said Robinson as Sherriffe for said County of Middlesex for this ensueing year and that he be admitted & sworne accordingly att the usuall tyme. Given under my hand this thirtieth day of October 1673
William Berkeley
Mr. Richard Robinson in pursuance of the above written Mandate did take the Oath of Supremacy Allegiance & high Sherriffes Oath & was admitted high Sherriffe of this County. Capt. Robert Beverley and Mr. John Vause became Security for said Robinson in open Cort [sic] for the true management of his high Sherriffe place.
Sammell Partridge was this day sworne under Sherriffe to the said Mr. Robinson & tooke the Oath of Allegiance and Supremecy. Lt. Coll.
Christopher Wormeley & Capt. Robert Beverly became Security in open court to Mr. Richard Robinson High Sherriffe for said Sammell Partridge for the bearing him in all things harmless for any Act of the sd Partridge.
It is ordered this day by sd Court that all Books papers & writeings & other things whatsoever to belong to the Court and County in the hands of Mr. John Lindsey late Clarke of the sd County be forthwith delivered into the hands & Custody of Joseph Chippe present Clarke hereof.
Rich: Perrot

Next are notices "affixed att the Court Howse Door", regarding people leaving to England and notifying people who need to deal with them before going.

13=12 court 6 Jul 1674
Edward Thomas for misbehaving himself in Court is ordered to be putt into ye Stocks during the Corts pleasure.
No doubt, the stocks had already been long in use, but this is the first note of them in available records for Middlesex.
13=13
Mr. Abraham Weekes is this day by this Court appointed to receive the list of Titheables for the Upper Precinct of this county; Mr. Vause for the Middle Precincts & Mr. Richard Perrott Junr. for the Lower Precincts & all persons are hereby to take notice to bring their severall titheables to the said respective places betweene this & the last day of this Instant month of July.

Below is the first mention of whipping in the extant Middlesex records.
17=16 court 7 Sep 1674
Mary Simpson Servant to Mr. Richard Robinson is ordered for her runing away to serve fifty dayes & for her stealing her Ms. Cloathes she is to be whiped [sic] with one & twenty lashes.

22=21 court 2 Nov 1674
It is Ordered that Mr. Alexander Smith be Surveyour of the Highwayes in the place & stead of Mr. Richard Robinson to succeed in this the premises and forthwith to execute ye said place in clearing of ye said wayes especially in makeing & clearing a waye to ye New Bridge in ye Dragon Swamp.
23=22 ct 7 Nov 1674
To mending the Pillory & Stockes; [no amts given in this list]
The first mention of using the pillory is not until 1677.

The first Tithable count in the Middlesex records was 435. However, the population through the earlier years can be figured from the early Lancaster tax lists for the Southside. The Rutmans have done a great job at tracking the population.

House courts
The above records often refer to "the Court House". However, as in most early counties the court was actually held in a private home, often in a section that was especially prepared. The justices had to be lodged, so it needed to be a larger home. We can track where court was held in the county charges lists.
44=45 court of 1 Nov 1675
To Mr. Richard Robinson p Court Howse Rent & Candles

The first use of the pillory in the records, although they had obviously already been in use.
74=76 court 3 Sep 1677
The Honble Sr. Henry Chicheley Knt. yee Melitia Officers of this County make Complaint to this Courte that they haveing issued out a Warrt: thereby Comanding Robert Knight to appeare at ye Court Howse of this County to goe as a Soldier agst the Indians, and that he the said Robert Knight in high Contempt of his Maties [sic for Majties] Authority, noe way regarded the said Warrt. but wth Scoffes, and yealded noe obedience thereunto
It is therefore Ordered that ye Sheriff of this County doe take into his safe Custody the Body of the said Robert Knight and him convey to ye Pillory of this County, And that he cause him there to stand with his fault affixed on his fforehead, the space of Two Howres and that he Detayne him in safe Custody untill he enter into Bond wth sufficient Securaty that he shall beare himselfe Peaceably & Quietly towards ye Kings Maties & all his Leige People.

39=148a court 4 Nov 1678 [these pages are numbered page x and page xa]
To Mr: Richd. Robinson for Courte House Cr. -1200 [lbs tobacco]

The first mention of ducking in the records, but notice the husband's decision:
74=192a court 6 Oct 1679
John Allin & Barbara his Wife haveing brought their action to this Courte against Andrew Williamson & Sarah his Wife & ye matter being put to a Jury they returne ye following Verdict. (Vizt): Wee Jurors whose names are hereunder written in ye Difference between John Allin & Barbara his Wife Plaintiffe & Sarah Williams Defendant We award that ye said Andrew Williams in ye behalfe of Sarah his Wife pay ffifteen hundred pounds of Tobaccoe & Caske or that ye said Sarah Willms. be Ducked according unto Law for ye Slandering of ye said Barbara Allin;
[jurors] Willm. Daniell, Tho: Hasellwood, Wm. Dudley, James Parker, Wm. Stanard, Henry Belcher, Tho: Dudley, Wm. Cheyney, Geo: Goodlow, Tho: Tozley, Tho: Loe, Tho: Hill
which sd Verdict is by ye Courte Confirmed & ordered to be paid wth: costs ye sd Andrew Williams makeing choyce to pay ye sd Tobaccoe;

84=84 court 19 Nov 1679
To William Churchill for building a Howse off [sic] Office for ye Prison

90=209 court 2 Feb 1679/80
This Courte does Impower & appoynte Coll. Christopher Wormeley and Major Robert Beverley to make what Agreemt: they thinke fitt with: Mr. Richard Robinson for ye keepeing Courte at his Howse and for provideing Accomodation & Dyate for ye Justices, Sheriffes Clerke of this County;
[Pam get the pp#s] court 27 Apr 1680
Att a Court called at ye Howse of Mr. Richd. Perrot Senr. Aprill the 27th 1680....

The first attempts to build an official courthouse
At around the same time as the town (later Urbanna) was being planned and laid out, there was an intent to build a courthouse there.

21=50 court 7 Nov 1681
This Courte doe fully impower Majr. Robert Beverley & Christopher Robinson to agree wth: Workemen & provide timber & all other materialls to builde a Courte House in ye Towne appoynted by a late Act of Assembly for this County and that they cause ye same to bee built of such dimentions and wth: such convenienceys as in there discretions they shall think convenient

80=184 court 9 Nov 1684
To Richard Robinson for the Court House and Accommodacons 05000

Richard Robinson (cousin to Christopher Robinson of Hewick near Urbanna) had settled on the Dragon Swamp. He patented 200 acres on 26 Sep 1678 "adjoining to the run of the Great Swamp on two sides and in the woods, adjoining the land of Wm. Daniell, John Smith decd., and David Allison and Wm. Downing." This is very near the center of the county. Robinson is also noted as hosting the meetings of the Vestry on the following dates: 20 Nov 1677, 5 Oct 1680, 6 Nov 1683, 2 Jun 1684, 4 Nov 1684, 5 Jan 1685, 6 Dec 1686, 3 Oct 1687, 12 Nov 1688.
The records show that the Court continues renting from Richard Robinson through at least 22 Nov 1694 and probably to April of 1695. However, during this time there were various attempts at building a courthouse.

84=193 court 2 Jan 1684/85
The Honble Ralph Wormeley, Esqr., promises to give answer to this Courtes proposition of building a Courte Howse at ye next Courte held for this county and will then acquainte ye Courte what ye charge of building ye same will amount to
signed by Waltr: Whitaker

87/88=200/201 court 3 Feb 1684/85
This Courte takeing into consideration that ye County hath been and is at a greate yearely charge for ye Rent of a Courte Howse, and that it will be to the greate advantage & conveniency of all his Maties: Subjects ye Inhabitants of this County to have a Courte Howse built upon ye Land appoynted by a late Act of Assembly to build a Towne upon in this County; And that considering ye durableness thereof and conveniencyes attending ye same, it wilbe most profitable to build a good strong brick House of convenient dimentions [sic]. This courte doe therefore hereby desire appoynte and impower Capt. Walter Whitaker, Mr. Mathew Kempe and Mr. John Wortham, in ye behalfe of this Courte and all ye Inhabitants of this County to be partyes to & become oblidged in Articles of Agreemt. or other Wrightings to be drawne betweene them on behalfe of this Courte as aforesd., and Ralph Wormeley, Esqr. and Majr. Robert Beverley (who in Courte undertakes ye same) for ye building a good strong convenient and suffiecient Court Howse, the walls thereof to be of Brick wth: a good framed roofe to be covered wth: good Cypruss Shingles and to be at least of equall goodness and dimentions wth: ye Brick Court Howse lately built in Gloucester County, for which the said Gentlemen are impowered to promise and oblidge (wch: this Courte will see performed) thet there shalbe leavyed and paid upon & for each tythable person in this County ye summe of fifty five pounds of tobaccoe and caske ye first yeare after ye finishing ye said courte Howse and other fifty five pounds of tobaccoe and caske ye next yeare following, in full paymt. and satisfaction for building & compleat finishing ye same in all respects as well as Gloucester Courthouse aforesd., for ye greater certainety and confirmation of before written Ordr:, for building a Courte Howse, ye severall Justices have subscribed there [sic] names
Signed by
Walter Whitaker, Matt: Kempe, Jno: Wortham, Cuth: Potter, Oswald Carey, Will: Daniell

This courthouse would have been in the town (Urbanna) and it was begun, but problems developed in dealing with Ralph Wormeley, whose land had been taken for the town. Ultimately, this courthouse was abandoned. All through the building and the controversy, court continued at the house of Richard Robinson.

102=235 court 5 Jan 1685/86
To Mr. Richd. Robinson for ye Rent of ye Courte House 06155

40=328 court 2 Jan 1687/8
Mr. John Wortham and Capt. Oswald Carey are desired and impowered by this Court to agree wth: one and imploy a Carpenter or some other person to make a paire of Stocks & Pillowry [sic] and convenient Railes to Raile in the Court Table &c., at their discretion wch: shalbe paid for in this County Leavy

61=371 court 3 Sep 1688
Mr. Richard Robinson comes into Courte and does undertake imediately [sic] to mend & repaire the Prison of this County & make ye same a Lawfull Prison, for which this Courte doe order and appoynt ye sd. Robinson one thousand pounds of good tobaccoe and casketo [sic here] bee paid by this County in ye Levie this pr:sent yeare

63=375 court 12 Nov 1688
To Robert Gillham for Stocks, Pillerey & Railes 02000

75=403 court 1 Apr 1689
Mr. Alexander Smith, Mr. James Dudley, Mr. Thomas Dudley and Mr. Andrew Williamson are desired & ordered to view & carefully to inspect the quality & condition of this County Prisson [sic] & make repoarte to this Court whether they finde ye sd. Prisson to be lawfull or not according as by Act of Assembly is exprest, who accordingly have p:formed this Order & doe declare that they finde ye said Prisson to be a sufficitient [sic] Prisson & according to Law

88=432 court 11 Nov 1689
To Mr. Richard Robinson for ye Courte House, &c. 05000

102=459 court 7 Apr 1690
The Courte doe this day agree wth: Mr. Richard Robinson to have ye use and liberty of this Roome for houlding & keepeing Courtes for this County till November next as alsoe to have ye use & benefitt of ye Prisson as formerly; for wch: this Courte does hereby agree & promise to pay to ye sd. Mr. Richard Robinson ye sume of foure thousand pounds of good tobacco & cask to be paid out of the next Levie to be paid in this County.

4=474 court 2 Jun 1690
Mr. Matt: Kemp, Mr. William Churchhill & Mr. Robert Dudley, or any two of them are desiered & appoynted (they alsoe consenteing) to waite upon the Honble: Ralph Wormeley, Esqr., at his House upon the (blank) day of this Instant to discourse his Honor about the Land appoynted by a former Act of Assembly for to build a Town upon in this County; in order to build a Courte House for the sd. County and that the whole Courte doe meete at this place the last Monday in this moneth [sic] to consult further about the same, &c.
11=486 court 12 Nov 1690 [rent to Robinson]

"Sceralas Words" about the Court members!
18=501 court 6 Apr 1691
Ordered that Mrs. Christian Brisco doe in p:son appeare at ye next Courte to be held for this County to answer to severall sceralas words spooke [sic] by her degradeing all the Members of this Courte. And that Eliza: Conyar be likeways then pr:sent to justeifie [sic] what she now relates to this courte of ye same

Court delayed due to weather!
32=528 court 16 Nov 1691
Regardeing ye badness & illness of ye weather & severall of ye Gentlm. of ye Court not being present; It is ordered yt: notice be given to all ye Gents. of the Court that they meet at ye usuall Court House on Monday the 23d. Inst. at 10 of the Clock then & there to lay the County Levy

32=529 court 23 Nov 1691 [rent to Robinson]

The attempts for a courthouse on the town lands continued with a new order and agreements.
34=533 court 7 Dec 1691
It is ordered yt: Mr. Chr: Robinson, Captn. Wm: Daniel & Mr. John Wortham doe agree wth: Mr. James Curtis & Mr. John Piskins [probably Hipkins] for ye Building of a Court House thirty foot long & twenty foot wide & a Prison of ye same demencions of ye old one.
37=539 court 4 Jan 1691/92
This Court doth agree wth. & confirm ye agreemt. made wth. Mr. James Carter [probably Curtis] & Mr. Jno. Hipkins by Mr. Chr. Robinson, Captn. Wm. Daniel & Mr. Jno. Wortham, for twenty three thousand pds. tobo: & cask for ye Building a Court House & Prison according to ye Dementions as in ye hands of Mr. Chr. Robinson.
Deed Book 1687-1750, pp. 10-12
Articles of Agreemt: made & agreed Between Mr: James Curtis & Mr John Hipkings of ye County of Middlesex of one part & Mr. Christopher Robinson, Captn. Wm. Daniel & Mr. John Wortham By an Ordr: of Court bearing date ye 7th day of Decembr: 1691 appointed Trustees for ye sd County of ye other part. Withnesseth that ye sd James Curtice & Jno. Hipkins Doth hereby covenant & oblidge themselves to & for the following articles Vizt:
1st: To build on ye Land layed out & Surveyed for a Towne in Middlesex County one good strong Substantial Virga: Built House for a Court House
2dly. That ye sd House shall contain Thirty foot in length & twenty foot in Breadth
3dly. That ye sd House shall be Well Braced Above & below studded double Joynts & Coverd with four foot Board
4thly That the upper flloore [sic] shall be laid wth Inch plank, a partition made in ye Chamber. & a Window at each Side & a pair of Convenient stairs
5thly That there shall be four Windows Below where foot of the lower floor to be raised & betwixt one doore at ye End & another at ye side like Gloucester Courthouse
6thly To build a Preson to Contain Twenty foot in length & fifteen foot in breadth the postes & joystes to be within three inches ye one of ye other
7thly That the posts shall be set four foot in ye ground & to build an Inside Chimney & a place of Easmt.
8thly To find all necessarys thereunto belonging Glass & Locks only excepted In consideration whereof the above named Christopher Robinson, Captn. Wm. Daniel & Mr. Jno Wortham Justices as aforesd: doth hereby Covenant and Oblidge themselves to pay in Cash to be paid unto ye sd: James Curtis & John Hipkins the Sum of Three & Twenty thousand pounds of good Tobacco & Cask to be aqd. out of the Publique Tobacco Levied on ye County of Middlesex in sd year of our Lord 1692. In Witness whereof both parties have hereunto set their hands & seals the fouth day of Apr: 1692 in ye year of ye Reigne of our Sove. Lord & Lady Wm. & Mary King & Queen of England, ets.
James Curtis
John Hipkings
William Daniel
John Wortham
In presence of Will: Todd, CB: Whelling [CB for Caleb]
48=559 court 1 Aug 1692
Ordered that Capt. Mathew Kemp, Capt. Will. Daniell and Mr. John Cant doe meet at the House of the Honble. Christopher Robinson Esqr., upon Munday next ye 8th of this Instant August by ten of ye Clock in order to goe to the Honble. Ralph Wormeley, Esqr. & to know his reasons for hindering Mr. James Curtis & Mr. Jno. Hipkings from finishing ye Court House on ye Towne Land they haveing proceeded according to a former ordr. of this Court.
53=572 court 14 Nov 1692 [rent to Robinson]
54=573 court 14 Nov 1692
To Mr. James Curties & Mr. Jno: Hipkings for Building ye Court House & Prison 23000
Ordered that the Sherriff of this County fourthwith pay unto Mr. James Curties and Mr. John Hipkings the sume of tenn [sic] thousand pounds of tobacco, being part of the sume levied for them for ye Building and Erecting a Court House and Prison and ye residue to remaine in the said Sherriffs hands untell [sic] the said James Curties and John Hipkings have compelately finished the said Court House and Prison according to Agreemt., And it is further ordered that ye said James Curties & John Hipkings goe fourthwith and finish the same without delay &c.
69/70=608 court 7 Feb 1692/93
Ordered that the Sheriff of this county doe forthwith pay unto Jno: Hipkings two thousand pounds of tobacco & caske, part of pay for the worke done on the Court House. Ordered that Mr. Jno: Head, Lt. Jno: Smith & Mr. Richd: Parrott doe goe upon the Towne land in this County and vew [sic] and vallew the Carpenters worke done on the Court House & prison, there erected: And likewise vallew the Lumber there carried by Mr. James Curties, not haveing any regard to the Labour bestowed thereon nor he bring it in place but to vallew it as if it were growing. This Order to be performed on the 13th Instant & returned to ye next Court.

This courthouse was stopped in mid-process.
70=610/611 court 18 Feb 1692/3
Whereas Mr. James Curties and Mr. John Hipkings was by Trustees appoynted by the Court agreed with to build & erect a Court House & Prison on ye Land layd out for a Towne in this County, & ye said Curties & Hipkings being hindered & obstructed could not proceed to finish ye said Court House & Prison according to Agreemt., Therefore it is ordered by this Court that the Sheriff of this County do forthwth: pay to Mr. James Curties twelve thousand pounds of tobacco & caske being in full of ye Timber & Labour & all other charges pursuant to ye building & erecting ye Court House & Prison as aforesaid, being for that part of ye worke all reddy done, & it is further ordered that ye sd. Sheriff doe forthwth: pay to John Hipkings three thousand pds. of tobacco & caske according to ye Vewers returne in full for that part of ye Carpenters Worke done upon the said Court House & Prison, and all orders of Court for the paymt. of tobaccoes to either of ye above parties for or towards ye building & erecting of sd. Court House & Prison be voyde, And it is further ordered that Capt. William Daniell, Mr. Jno: Smith, together wth: the Sheriff of this County, or his Deputy, doe goe to Mr. James Curties & receive the Plancke sawed for the said Court House & ye remaining part of the nayles wch: is in his possession wch: hee is to give a true & just account of upon Oath, hee being fully sattisfied & paid for the same by ye County, & that the Sheriff secure the same for the Countys use, & to be allowed his reasonable charges therein.
Capt. Robert Dudley, High Sheriff of this County, is acquitted & discharged from seven thousand three hundred twenty saven [sic] pounds of tobacco & caske, being ye remaineing part of ye summe lavied [sic] for the building ye Court House & Prison more then was paid ye Workmen for yt: part of ye worke done, whc: is delivered unto ye ceare [sic] & charge of severall Gentl. in this County to looke after & secure for the Countys use.

77=627 court 8 May 1693
Ordered that Capt. Mathew Kemp, Capt. William Daniell, Mr. John Cant, Mr. Randolph Seager or any three of them doe goe to the House of Ralph Wormeley, Esqr., & agree with him for the building & erecting of a Court House in this County, on ye 22th of this Instent [sic].

95=672 court 1 Jan 1693/94
The Court requests Mr. William Churchhill to sent [sic] for what Weights he shall think convenient for the use of the County for repaireing and makeing good the Standard for which the Court doe promise to pay him money

13=1 court 22 Nov 1694 rent to Richard Robinson

There was another move toward building a courthouse in 1694, this time on Richard Robinson's land. The father Richard Robinson had died (his will probated 5 Feb 1693/4, so this was probably dealing with his son Richard:
17=10 court 7 Jan 1694/95
Ordered that Capt. William Daniell & Mr. John Smith, Senr., doe make an agreement with what workman they shall think fitt to build a Court House and Prison in Mr. Richd. Robinsons Old Feild [sic] and what agreement shall be by them made is ordered to be confirmed.

These courthouses weren't built, but a new house was found to serve as the home of the court.

The courthouse leased from George Wortham
27=32 court 4 Mar 1694/1695
The Court is adjorned to ye Court in Course to be held at the House of Mr. George Wortham.
49=76 court 2 Sep 1695
To George Wortham for Rent for Court House & Prison Rules 5000
To Wm. Anderson for building ye Prison 5000
To George Wortham for other charges in the same 2132
To William Anderson for ye Pillory & Stocks & Altering ye Court House 1550
To Mr. Richard Robinson for ye use of his House from Novr: to Aprill 2000
To Majr. Peter Beverley for ye Copy of the Laws 350
[N.B. Richard Robinson had actually died, will probated 5 Feb 1693 (prob 1693/94), this probably went to his son Richard].

The lease with George Wortham, Deed Book 2-76
This indenture made ye 11th of November 1695 Between George Wortham of the County of Middlesex Planter of one part and Mathew Kemp, William Churchhill, William Daniell, Robert Dudley, Henry Thacker, Maurice Cock, John Smith Senr, Gents. his Majesties Justices of the peace for the said County Wittnesseth that said George Wortham for the sume of Five thousand pounds of good sweet sented Tobacco and caske hath granted unto the said Justices for the said County of Middlesex and their Successors for the use of the said County one good Strong house in the said County which said Home [I read it as house in original] formerly belonged to John Wortham late of this County decd and was by him built which said house is now repaired and fitted for a Court house for the Countys use together with the Prison Now Built with forty acres of land adjacent to the Said Court House and prison to be layd out as convenient as may be for the uses for the full terme and time of tenn years from the date hereof and will keep ye said Court House tight and in good Repaire dureing all the aforesaid time makeing all and every act whatsoever for the more perfect and absolute surety the said Court House and Prison and forty acres of land for the Prison rules hereby granted and that said George Wortham shall acknowledge these presents at any Court held for the said county
George Wortham
In presence of us Richd Willis, Edwin Thacker ClCur Cour Middx
Deed Book 2-78
Att a Court held for the County of Middlesex the 11th day of November 1695 George Wortham in open Court acknowledged the above to be his actt [sic] and deed
Know all men by these presents that I George Wortham am bound unto to Mathew Kemp, William Churchhill, William Daniell, Robert Dudley, Henry Thacker, Maurice Cock, John Smith Senr, Gentlemen Justices of the peace for the said County in the sume of Thirty thousand pounds of good sweet sented Tobacco and Caske this Eleventh day of November 1695.
The Condition of this obliagation is such that if George Wortham shall keep all the covenants in Certaine Indenture concerning the sale of the Court House and Prison and Forty acres of land ye Preson Rules that then this obligation to be Voyd otherwise to remain in full power.
George Wortham
In presence of us Richd: Willis,
Edwin Thacker ClCur Middx
Att a Court held for the County of Middlesex the 11th of November 1695 George Wortham acknowledged the above bond to be his act and deed

George Wortham had inherited this land in 1692 from his father John.

93=154/155 court 10 Nov 1696
To Richd. Steevens p keeping ye Court House cleane frying canles [sic] & looking after Horses 300
Ordered and sett at a Rule that Richard Steevens be yearly paid the suceeding [sic] yeares the sume of one thousand pounds of tobacco & caske by ye County for his ceare [sic] trouble and charge in keeping ye Court House cleane, findeing of candles, keeping of good fyers, looking after Gentlemens horses in time of Court and doing other necessary businesse (and for his attendance) relateing to ye County service he duely performing ye same

During the years of the lease from George Wortham, he sold and repurchased the land. These deeds do not appear in language to be a mortgage or a land swap, but they do not have the full warranting language in them, and the time between the sale and repurchase is only 13 months, so I suspect they might represent something like a mortgage, or possibly that for this short time George Wortham was unable to maintain the courthouse as agreed in the lease and made these arrangements. While the deeds mention that they are the courthouse land, they do not mention the lease or passing on the responsibility for it.

Deed Book 2-248/252 This Indenture made the Twentieth day of May 1698 Between George Wortham off [sic] Parrish of Christ Church in County of Middlesex of one part and Richard Steevens [sic] of same wittnesseth that George Wortham for sum fifty pounds Sterling money of England doth grant unto sd Richard Steevens and his heires One hundred acres of land together with ye Manaor [sic] Plantation comonly known by ye name of Mr. Jno. Worthams Deceased now called The Court House being part of a greater devident granted to Jno. Wortham deceased
George Wortham
In presence of John Smith, Sarah Stevens (x)
Att a Court held for the County of Middlesex the 6th of June 1698
Then appeared George Wortham and acknowledged the above Deed to be his act and deed
Know all men by these presents that I George Wortham am bound unto Richard Steevens in the sume of one hundred pounds Sterl. money of England this 20th of May 1698
The Condition of this oblgiation [sic] is such that if said George Wortham doe truely keep all covenants contained in Indenture and shall execute of cause to be made and acknowledge such further lawfull acts for the better assurance then this obligation to be voyd otherwise to stand
George Wortham
[witnesses] John Smith, Sarah Steevens (x)
Deed Book 2-295/297
This Indenture made the third day of July 1699 Between Richard Steevens of the Parish of Christ Church in the County of Middlesex of one part and George Wortham of the Parrish and county aforesaid Wittnesseth that the said Richard Steevens for sume of Fifty two pounds Sterling money paid doth grant unto the said George Wortham One hundred acres of land togather [sic] with the manor Plantation formerly known by the name of John Worthams Deced in Parrish and County aforesaid and now is called the Court House it being part of a greater tract of land formerly granted to John Wortham by Pattent of the Seale of the Colony the said One hundred acres of land being conveyed by said George Wortham to the said Richard Steevens by Deed of Saile dated 28th day of May 1698 acknowledged in Middlesex Court the 6th day of Jun 1698
Richd. Steevens
In presence of us John Smith, Nicholas Smith, Wm. Roane
Att a Court held for the county of Middlesex the 3d of July 1699
Richd. Steevens in open Court acknowledged the within to be his act and deed which was admitted to record Sarah Steevens Wife of the above named richard Steevens being first examined freely relinquished her right of Dower and thirds to the within mentioned land.

Also during this time of the lease of the courthouse from George Wortham there was yet another attempt at building a new courthouse.
48=546 court 15 Mar 1703
Present John Smith, Harry Beverley, John Robinson, George Wortham, Richard Kemp, Gentlemen, Justices
Ordered that the Courthouse for this County be built and erected as convenient as may be in Capt. Smith's Old Field as near the Main Road as may be for the conveniency of a good Spring and that two acres of Land be by the Surveyor of this County laid out for that purpose in ye place where Capt. John Smith, Mr. Harry Beverley and Mr. John Robinson or any two of them Justices, shall appoint, the same is to be done on Munday [sic] next. Ordered that the Courthouse be thirty two feet long and twenty feet wide and to have a twelve foot square room on ye back side for a Jury Room, twelve foot between ye Sill and the Plates to be arched over head to be a good English frame to stand upon Locust of Ceder blocks, the frame to be all sawed to be double raftered and weather boarded with feather edged plank and shingled with Cyprus shingles upon sawed laths, to be wainscotted six foot high above the sills and the rest to be pastered [sic for plastered?] ; five large windows to ye Courthouse and to ye Jury Room, the plattform [sic] for the Justices to be twelve foot and plankt, to be raised two foot high above ye sills with convenient barrs and p laces for the Sheriff, Jury and the windows to be square glass which windows are to reach from within four foot of ye sill to ye (pl-------) two foulding doors one seven foot high, the Jury Room door six foot, the wainscott to be laid with oyl and to be done workman like, the windows to be four foot wide and a handsome penthouse over the entering door, Clerk's table, Benches, Jury table &c. the plank for the platform to be grooved.
For all which work it is ordered that workmen be agreed with upon the best termes as may be as soon as conveniency will permitt. The workmen now appearing defering time to consider of the work and ye compleating ye same and that the ten thousand pounds of tobacco already levyed towards the building be paid to the workmen that undertake the work as soon as they shall give security to perform ye work, &c.
Signed p John Smith
Recorded p C. C. Thacker p Edwin Thacker, Cl Cur

As the ten year lease from George Wortham was nearing its end, it was time finally to build a new courthouse, and money had again been levied for it. The question was where. It was ultimately rebuilt on George Wortham's land, but there had apparently been a new offer to build in town, which caused more bitter contest, described in letters to the assembly which were recorded after the orders to build on Wortham's land.

36=531 court 6 Sep 1703
The Proposition of George Wortham and John Hipkings concerning the building of a Courthouse refered to the next Court
40=536 court 4 Oct 1703
The Proposition of George Wortham and John Hipkings concerning the building of a Courthouse refered to the next Court &c.

66=569 court 5 Jun 1704
Ordered John Hipkins and John Finney do view the Goal [sic] of this County and see what is wanting to be done to it and make report the next Court
69=572 court 3 Jul 1704
John Hipkings and John Finney being appointed by the Order of the last Court to view the Goal [sic] of this County made their report in the following words; "In Obedience to an Order of the Worshipfull Court dated the 5th day of June 1704, wee the Subscribers have viewed the Goale [sic] and do find it wants new covering and severall posts wanting and most of them that are standing to be rotten so that wee believe there might be a new set of Posts all round." It is therefore ordered that it be referred till a fuller Court for further consideration

Deed Book 3-38
Know All Men by these presents that Wee [sic] Paul Thilman, Henry Parrett & Edmond Hammerton are bound unto Matthew Kemp, Wm. Churchhill & Gawin Corbin Gen Justices of the peace for this County in sume of twenty thousand pounds of good sweet sented Tobo: & Caske this 20th day of June 1704.
Whereas the above bound Paul Thilman hath by Order of County Court dated the 5th of June 1704 taken into his Custody & possession ten thousand pounds of good sweet sented Tobacco and caske that was levyed the past year for and towards the building of a Court House in this County (which Tobo: Mr. Henry Thacker late Sherrife according to the before executed order hath paid him) Now the Condition of the above obligation is such that if the abovesaid Paul Thilman according to the before recited order do fully pay the abovesaid Tobacco & Caske convenient in the County at ye Laying of the next Levey unto said Matthew Kemp, Wm. Churchhill and Gawin Corbin Gent. Justices for the use of said County of Middlesex then this obligation to be voyd or else to stand
Paul Thilman
Henry Parrett
Edmund Hammerton
In presence of us Joseph Hardee, Thomas Smith
Att a Court held for Middlesex County ye 3d day of July 1704
This Bond was read in Court and admitted to record

73/74=578 court 7 Aug 1704
Ordered that on Tuesday come sevenight [sic] Mr. William Churchhill, Lt. Colo. John Grymes and Capt. John Smith meet at the Courthouse of this County and lay out the land appointed to build the Courthosue [sic here] upon according to former Order this Court haveing agreed with John Hipkins to build it for twenty five thousand pounds of tobacco and caske and it is further ordered Lt. Colo. John Grymes and George Wortham, Gent. enter into Bond for the performance of the work also that they take Bond of the said Hipkins to performe his part

Deed Book 3-46/47
Articles of Agreement made and agreed upon this Fifteenth day of August 1704 Between John Hipkins for the one part and John Grymes and George Wortham for and in behalfe of the County of Middlesex for the other part Witnesseth that the abovesaid John Hipkins is to erect and build in George Worthams old field on a plott of ground laid out for the same a Court House the dementions whereof being upon record bearing date July the 3d 1704 according to the true dementions and every article therein exprest to be good strong Carpenders [sic in Sparacio] work and the said John Hipkins doth oblidge himselfe to begin the said house by the 20th of October next and to finish the same by the 20th of October next following which haveing well and truely performed without neglect fraud or deceat then the above saide John Grymes and George Wortham for and in behalfe of the County aforesaid doth agree to pay him twenty five thousand pounds of Tobacco and Caske to be raised in the County Levey fifteen thousand pounds of Tobacco and Caske of which is to be paid him this present year and the other Ten thousand to be paid him in the year 1705 and the said Hipkins to be at all manner of charge for the building the same all that is hereabove specifyed being by both parties agreed to they have hereto sett their hands and seales
John Hipkins, John Grymes, George Wortham
In presence of us Spencer Thack [sic, but is it Thacker?], Benjamine Davis (x) [sic on all]
At a Court held for Middlesex County the 4th of September 1704
The within agreement between John Grymes and George Wortham Gent of one part and John Hipkins Carpenter of the other part was this day admitted to record
Know All Men by these presents that I John Hipkins of County of Middlesex am bound unto John Grymes in behalfe of the Gentlement of the Court of County of Middlesex in the sume of fifty thousand pounds of Tobacco and Caske this 15th day of August 1704
The Condition of this obligacon is such that if above named Jno. Hipkings [sic] do keep all articles in a writeing of agreement made concerning the building of a Court House for Middlesex County then this present writing to be of noe effect otherwise to stand & remain in full force
John Hipkins
In presence of us Spencer Thack, Benjamine Davis (x)
Att a Court held for Middlesex County the 4th of September 1704
This Bond was acknowledged and admitted to record

Deed Book 3-70/72
May it please your Excellency The receipt of your Excys. commands to answer the matters complained of in the Petition presented by the Feoffees in Trust for the Townland in Middlesex county also to give our Reasons that made us alter our first Order of Court and to fixt [sic] the building the Court House in the same old feild [sic] where the Court House now stands and our Reason for rejecting Mr. Christopher Robinsons Proposition for fitting up a Court House for a much lesser charge For answer to the said Petitioners humbly say As it is the duty of all good Servants to follow the orders and lawfull commands of their Mastr: So it was the duty of those Gentlemen that made up the Court that placed the Court House in Mr. John Smiths old feild to follow the directions of the Orders of that Court that appointed their meeting and Limited their Power as by the Order more fully will appear by that Order they were only to agree with workmen which they had littld regard to as may be seen by their Order and instead of makeing an agrement [sic] with workmen for guilding the Court House they only Order the place for it to stand in for which they had no authority to do, that Order not being in any part performed was null and voyd of its selfe if no Statute law contradicts it custome prevailes. It has been in the power of the Court ever since the Countey had been seated to place the Court House where they thought most convenient the Court then as we conceived was no ways tyed by that Order but was at Liberty to place it where they thought most proper Therefore ordered the Court House to be built in the old feild where the Old one now stands which has been and Still is Esteemed to by ye Center of the County and Courts has been kept there these Ten years and within a small mile upon the same Lyne the Court has been kept every [sic] since the Division of the County without the least regrett or murmering and generally thought by the people of the County to be the most convenient place and nearest ye Center thereof which the people are well satisfyed and Laes into ye depth of their selfe Interest & Intreignes
2ndly As the Law tht gives the first and last Rise Towns are silent as to Roads it was not in ye power of the Court to Supply that defect and make Suppositions and Inferrances when their was not ye least Shaddow to take hold of the Law is the Defence of every Man. It is that maintaines us in our Just rights and previledges and if the Court who ought most strictly to observe them once breake the fences of the Law No Man can expect Security from them. This we thought was beyond our power to take away the Right which ye Crown had given without a Law to Justify us and a buisiness fitter for a higher jurisdiction
The presentation of Mr. Christopher Robinson proposition to the Court relating to ye fitting up a Court House in the Townland for a far less Sume then any other could be built for was so Strangly unreasonable and out of tune that ye Court had ordered the building of the Court House and laid out the land for that purpose before Mr. Christopher Robinsons proposition was presented besides the place very Inconvenient and Surrounded with many difficulties which would put ye County to as much charge in five years besides the Charge of fitting up a Court House as the building this new Court House will cost and would Entaile a charge forever after upon ye County for at least five or Ten thoudand pounds of Tobacco p annum wch would be very greivous & burthensom to the people ye house Mr. Robinson proposed to fitt up is an old Negro Quarter & is no better than a Virginia Common Built House the fitting yt: up and ye keeping it in repair five years would cost as much as the building a new court House besides the perpetual charge it will necessarily bring with it. Neither can we see any other Interest in his Proposition then his owne private gaine without the least thought of publick good.
The reflection cast on Mr. Wm. Churchhill & Collo. Corbin in the Petition presented to your Excellency by the feoffess in Trust for the Town Land, that they made it their business to invalidate the Counties title to the Town Land & that they now prepossessed & Interested in obstructing the same & that they sade in Court not withstanding tha many objections that had been made against them.
We humbly take leave to assure your Excellency that the Court nor any other persons to our knowledge ever objected or shewed any reasons against their fitting about placeing the Court House, unless the feoffees themselves, who we are well assured would have objected against every person in the Court that was not of their opinion had there bin anough [sic] of those to make a Court and as they very inconsideratley and (as we may say wthout [sic] offence) impudently asserted that they lost ye vote but by one, they mistook the looseing the vote but by one for haveing but one Vote besides Mr. Jno. Robinson & Mr. Harry Beverleys own Votes, who had as little or rather less right to fitt then those Gentlemen relfected [sic] on and instead of those Gentlemen being interestd We may without reflection say that self interest made those Gentlemen first offer themselves to the Court to be the Feoffees in Trust wch we hope in tyme to give you Excellcy. full satisfaction in, this we very well remember when Mr. Harry Beverleys petition for Feoffees to be appointed was presented to the Court Collo. Corbin one of the Executors to Esqr. Wormley and Mr. Wm. Churchhill as marrying ye Widdow of Esqr. Wormley both went from the bench to the barr & there offered such reasons against it as then occurred to them, this the County in generall will joyn with us in justification & also that those two Gentlemen have hitherto behaved themselves with all uprightness Impartiallity & Justice to the full Satisfaction & likeing of every man. We humble [sic] take care to say that the reflections upon them wch layes them with partiality & Injustice is false & fraudelous
W. Churchill, Matt Kemp, G. Corbin, Richd. Kemp
Francis Weekes, John Grymes, George Wortham

May it please your Excellency
The many proofs your Excellencey has given of your love to this County & unparrallelled Justice to every Inhabitant thereof give us good reasons to think that your Excellency has not bin truly informed how illegal ye Proceedings of the Feoffes in Trust has bin in gaining the subscriptions to their unjust Greivances & with false insinuations & misrepresentations to your Excellency caused the Order of your Excellcy & Councill to stop the building the Court House agreeable to the Petition of ye Feoffees in Trust for ye Town Land in ye County of Middlesex to your Excellencey praying that the building ye Court House might be Stopet till they could be heard before your Excellency or Genll. Assembly also their produceing a paper signed by a Majority of the Freeholders as a grievance that ye Court House is ordered to be built in ye old feild where ye old Court House now stands. We most humbly tke leave to acquaint your Excellency that ye present Court House being a hired house for a certain tyme, & yt: time wthin three months of bein expired the frame & Snigles of this new house being already gott our bonds to the workmen for payment for building the Court House & the necessity of building it before our tyme in this is expired forces us to continue the building, otherwise justice must be Delayd for want of a place to sitt in wch would be of great prejudice to ye County in generall our bonds will be forfeited the same the frame & shingles utterly lost.
The paper the Feoffees in Trust produced to your Excellency as a greivance from the County we humbly take leave to informe your Excellencey how the feoffees in Trust made it their business to send James Walker & Edmond Hammerton about the County to all Meetings Ordinaries & Feasts & to peoples houses both Day & night some they had forced to signe their paper others when they were Drunk they persuaded to signe it they put ye hands of others wthout their orders, and this we may possitively [sic] affirm that not five free holders in ye County voluntarily signed without persuations neither will five appear to justify it wthout some artifice, We humbly conceive that the nature of getting that paper signed is illegal & looks with a face more like the beginning of the plant setting year then a just greivance & indeed considering this Town is cheifly designed to be a Harbour for disaffected people would make men think the same Card or something worse was playing over again. This County has ever bin esteemed to be the most Vaired [sic for varied?] of any County in Virga. & never has any Differance in it self but in the plant cutting Year & this upset time wch is occasioned by Mr. Robert Beverleys letter to his Bror. Harry Beverley & John Robinson Intimating therein many Disatisfied or Disaffected people would come over and Settle in Virga. were there a Town for them to live in. This may it pleese your Excy. was the first Occasion of Setting the Towne on foot and the present Disturbance in the County ye peace of wch we are willing to preserve as far as it lyes in the power of yr. Excells. most humble and most Obedient Servants
John Grymes, Matt Kemp, George Wortham, Richd. Kemp
W: Churchhill, G. Corbin, Francis Weeks
Truely Exmind. p Bartho. Yates p Wil Stanard ClCur

At last, a new courthouse had been built!
23/24=10 court 7 Jan 1705
Present John Smith, Christopher Robinson, Harry Beverley, Richard Kemp Gentlemen Justices
Court adjourned to the new Courthouse [underlined in original] It is ordered that ye Court be adjourned to meet at ye new Courthouse and that the Sheriff publish the same at ye Court Door
Signed p John Smith
At the New Courthouse [underlined in original] Present John Smith, Christopher Robinson, Harry Beverley, Richard Kemp, Justices
Regular court business is recorded during this court.

The Fight at the Court House
Did this fight possibly have anything to do with the bitter controversy about the building of the new courthouse described above? The two men were on opposite sides of the controversy, so....

Deed Book 3-85/86
May It Please this Worshipful Court on Court day it being the Fourth of June your Worships Deponent being under the Mulberry Trees in the Court Yard did see Mr. Harry Beverley strike Colo. John Grymes on the head with a sticke Collo. Grymes rose up & held up his Cane Mr. Beverley bid him strike but Collo. Grymes said no he would not for he knew he was disabled then Mr. Beverley Stroake him one blow more & said he was a hipocrite & further saith not.
John Hipkings
At a Particular Court held for Middlesex County the 14th of July 1705 John Hipkings appeared in open court made oath to ye above written which at Mr. Attorney Generalls motion was admitted to record
[next item]
Middlesex County July ye 14th 1705. Jurat James Walker that on the 4th of June in the afternoon a contention of Quarrell ariseing between John Grymes and Harry Beverley, the words I know not, I saw the said Grymes and Beverley with their Canes or Sticks lifted up and afterwards I saw the said Grymes with his forehead bloody, and Further in relation to the Quarrell or any things thereabout I know not.
Ja: Walker
At a particular Court held for Middlesex County the 14th day of July 1705 James Wlker [sic] this day appeared in open Court & made oath to the above written which was admitted to record
[next item]
The Deposition of John Grymes aged forty five years or thereabouts Sheweth That this Deponent was at Middlesex on the Foarth day of June last Court day of that County and at ye Courthouse Mr. Harry Beverley of that County did come to this Depont. he was sitting down and said that he the said Jno. Grymes had tax him, ye said Beverley said you Lye then this Deponant said to him you lye with that Mr. Beverley struck this Deponent five strokes on the head and hand and said strike me again but this Depont told him that he knew I could not strike him because of his Infirmity and further saith not Jno. Grymes
At a particular Court held for Middlesex County the 14th day of July 1705
John Grymes appeared in Court and made oath to the above written which at Mr. Attorney Generalls motion was admitted to record

49=40 [OB4] court 1 Apr 1706
Hipkings v. Robinson, Order
Ordered Mr. John Robinson, Sheriff of Middlesex County pay unto John Hipkings or his order the sume of five thousand pounds of good sweet scented tobacco and caske out of the tobacco raised in the Levy this year for the County's use

ye County begins to lye in confuestion for want of a Court
But there are still problems to go! The Calendar of Virginia State Papers, vol. 1, pp. 105-106 shows the following letter a little over a year after the new courthouse was opened.

Midx 12 Oct 1706
May it please Yo'r Hono'rs---
I am sorry must acquaint yo'r Hono'rs That this County still remains without a Court; Though I received yr'l Commission for ye Peac [sic], Sunday 7'br, 1st; The next day being o're Court day, But did not appear of ye Gent. sufficient to make a Court; I then order'd my Und'r Sh'r to Sum'ds all ye Gent Nominated in ye Commission to meet at ye Court House Monday 7'br, 16th, In Ord'r to take ye Oath, &c. On that day mett at sd court hous [sic] Jno. Grimes, Capt. Jno. Smith, Geo. Wortham, Ricd Kemp, Robt Daniell, Roger Jones, Jno. Smith, Oliv'r Segar, Gent's, all being willing to serve as Justices except Capt. Jno. Smith, who was urg'd to give his rasons [sic] why he refused; he said for reasons best Known to himself. Upon his refusall there was not of ye Chorum enough to sware a Court, so yt day remain'd w'th'out any. The Gen't yt did not appear according to Sum'ds ware [sic] Mr Henry Thacker, Mr Xtop'r Robinson, Mr Harry Beverly, Mr Jno. Robinson, Do'r Jno. Hay & Mr Garret Minor, wch sd. Gent. I order'd to be fresh Sum'd to meet at ye Court hous [sic] Monday, October 7th, being Court day, according to Law. Mr Hen. Thacker & Do'r Jno. Hay did not appear on y [sic] day, all ye rest did, & all I understand willing to serve as Justices except Mr Xtop'r Robinson, Capt Jno. Smith, Mr Harry Beverly & Mr Jno. Robinson, who has refused to sware, & I suppose ym Gent't [sic] yt did not appear designes not to serve. As for Sr William Skipwith's part, he has had a long & sharp sicknesse for severall months, wch renders him unable to goe so far from home; so yt now ye stop of a Court is for want of one or two more Justices of ye Corum to sware a Court. I must make bold to acquaint yo'r Hono'rs yt ye County begins to lye in confuestion [sic] for want of a Court. Some actions has layn above a year, & cant be brought to tryall, & if a Court be not in time, ye Publick nor County C'r cannot be pd. I beg yo'r Hono'rs Pardon for this trouble, & make bold to subscrib my self,
Yo'r most humble & obedient Serv't,
Math. Kemp, Sh. M. C.

68=62 court 14 Nov 1706
To Mr. John Hipkins for building the Prison 4500

102=96 court 7 Apr 1707
Pillory &c. to be erected
George Wortham and John Smith, Senr., are hereby impowered to agree with some workman to erect a Pillory and Whipping Post for this County and also to get the Courthouse well tarred and to get one good Chest with lock and key to hold ye Court bookes &c., to be set in ye Jury Roome

The courthouse built on the land of George Wortham would serve the county for the next 43 years. The building no longer exists, but the location can be seen in a survey which was recorded on 5 Dec 1772, for a division of lands between James and Thomas Wortham. The original survey below is not oriented so that the words are easier to read. In the locating maps that follow the overlay has been oriented correctly.

Note: Route 641 is "Old Courthouse Road".

The court was again moved in 1852, back to the geographical center of Middlesex, on lands laid out for a new town which was called Saluda. The nearby Woodward Building, new home of the Court, was completed in 2007. These buildings have served the county ever since.

Return to the Courthouses Page

Return to the Tour Page

Return to my main genealogy page



6 Jun 2010

Wireless Plans