The Earliest Court-House of Westmoreland County

From the Northern Neck News dated February 22, 1918.

Written by G.W. Beale(a noted local historian of this time).

"I am unable to say after much personal investigation and many trips and inquiries, precisely where this building was located. It was, according to their records six miles from the present county seat, and very near to the upper Cople Parish. A bridge path from Dickenson's Mill(afterwards Carter's Double Mills) passing over two beaver dams and the northern line of Edward Randall's plantation led to it. It was probably near to this landing on Currioman Creek, but not where an ancient chimney now stands, which is a relic of Chilton's warehouse of the 17th century. The massive and lone chimney of this ancient warehouse has been by many confounded with the chimney of the first court-house, but a letter, which I have crossed written as late as 1840 from decendent of the Chilton family satifies me that this is incorrect.

The earliest seat of justice in Westmoreland was a very modest affair, as a contract with Captain John Lee will testify. It reads as follows: "Whereas there is an order of court granted about a court-house to Captain John Lee for 16,200 pounds of tobacco caske and as payable to ye said Captain Lee out of ye next tax levy (provided the building hereinafter specidied be finished between this and ye next levy). The said Captain Lee doth from himself convenant to build for ye aforsaid consideration without any other charge whatsoever a court-house to be 35 feet long, 30 feet thereof to be made in one room, for ye Court to sit, five feet for a stair case to go up to have the length of the whole breadth, to be twenty feet wide and ten feet high. Ten feet of ye said house to be ballistered for ye Court to sit in within which shall be a long table, and convenient seats for the use of the justices and the chimneys to be within the bar, build of brick for the Court below and also for the chamber above; that the floor be laid with sawn planks and that ye floor above be in like manner throughout the whole length and breadth of the house.

And further, that it be sealed above and below with claw-board and hammer, made in ye house, with doors and partitions necessary to the house.

And lastly to build a prison 15 foot square, with a chamber in it. In witness whereof, I have hereunto set my hand this 20th October, 1678".

signed

John Lee

"This agreement was subscribed by Captain John Lee and recorded 20th October, 1678".

"It is a very sad reflection in the history of this court-house that within one-half a score of years, the county clerk made record as follows:

"At a court held for the county of Westmoreland on the 30th day of May, 1688, the justices being Colonel Allerton, Major Youell, William Hardidge, Captain Law Washington, Edward Franklin and Nehemiah Starke:"
"Whereas at a General Court held in James City April 26, 1688, present The Honorable Council of State. It appeared that 'Sam' negro servent to Richard Metcalf, hath several times, endevored to promote negro insurrection. It is therefore ordered to deter him and other from the like evil practice for time to come that he be by the sheriff of James City County or his deputy, severely whipped at a cart-tayle from the prison around the town to the gallows, and from there to the prison again, and be conveyed by the sheriff of Westmoreland to that county and he be ordered to whip him severely at the next court to be held for that county, and that he be held for that county, and that he have a halter about his neck during the time and afterwards he have a strong iron collar affixed to his neck with four spriggs, which collar to be never taken off, or get off, nor he go off his masters plantation during all the time that he shall live, and if he goes off his said master's plantation or get off his collar then he be hanged".

"In obedience to which order we command the Sheriff of this county, or his deputy, dedento curia, to give him 39 lashes on his bare back well laid, which we performed accordingly with a collar about his neck and the collar put on."

It seems quite certain that the sheriff of this county at this time was Francis Wright, of 'Cabin Point', the progenitor of the very worthy family of the Wright fame still extant here.

As to the location or site of the earliest court-house of Westmoreland county it may be said that the residents of lower Cople parish crossed Nomini creek by a ferry that was plied from Church Point near the present Mount Holly House to Deep Point, thence by the Ferry Level Field on the road to the Public Tobacco Warehouse that was situated on the plantation of the above mentioned Justice William Hardige.

In 1707 a commission decided that the court house that had been built by Captain John Lee in 1678 was in "ruinous condition" and it was agreed by the justices to erect a new court-house and the site where the county seat now stands was chosen. It was at Vailx's quarter on Rappahannock creek near Newton's Mill. John Gainer was one of the architects employed to build it. The house stood for over a hundred years when the present edifice was erected by an arrangement made by justices with Ethewald Sanford.

The proclamation relative to building a court-house in 1707 evoked opposition in the lower part of the county, sixteen of the freeholders having voted against it, but the measure prevailed and the site chosen was six miles above where it previously stood.

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