Westmoreland County (Va.) Circuit Court

Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case.

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653.

From the guide to the Westmoreland County (Va.) Chancery Causes, 1753-1902 (bulk 1788-1873), (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Records, 1693-1832, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653. Part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Appointments of trustees for churches and other organizations, 1852-1914, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653. Part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Judgments, 1739-1914, (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

The 1902 voter registration books were created following the passage of the 1902 Virginia state constitution. The purpose of the 1902 state constitution was to maintain white suffrage while eliminating African-American voters by means of literacy tests as well as property and poll tax requirements.

From the guide to the Westmoreland County (Va.) General Voter Registration Book, 1902-1903, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653, and part of King George County was exchanged with Westmoreland in 1778. The county was named for the English county.

The sheriff was "the most powerful and the best paid of any court official in colonial times." Among his many duties, he collected the taxes, which were paid in tobacco, took custody of it and paid the county expenses as directed by the court. By doing so, he acted as a combination of both the commissioner of revenue and the county treasurer. The sheriff was also responsible for services rendered in the prosecution of court cases (law enforcement.) He was appointed by the governor from a list of three names submitted by the county court. His term of office was for one year until 1731, after which it was two years. His two deputies, also known as sub (under) sheriffs, did most of the work.

In 1782, the General Assembly of Virginia enacted a major revision of the tax laws of the Commonwealth. The act provided for the statewide enumeration on the county level of land and certain personal property. The act created a permanent source of revenue for the operation of government in Virginia.

The original records, from which this volume was compiled, were created by the County Court.

From the guide to the Westmoreland County (Va.) Sheriff's Tax and Fee Book, 1794-1795, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653. Part of King George County was added in 1777.

In seventeenth- and eighteenth-century Virginia, the term "tithable" referred to a person who paid (or for whom someone else paid) one of the taxes imposed by the General Assembly for the support of civil government in the colony. In colonial Virginia, a poll tax or capitation tax was assessed on free white males, African American slaves, and Native American servants (both male and female), all age sixteen or older. Owners and masters paid the taxes levied on their slaves and servants. For a more detailed history of tithables, consult "Colonial tithables" found on the Library of Virginia's web site.

From the guide to the Westmoreland County (Va.) List of Tithables, 1729., (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Public Buildings and Grounds, 1855-1866 and undated, (The Library of Virginia)

Westmoreland County was formed in 1653 from Northumberland County. Part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Deed of Bargain and Sale and Dedimus, James Dodd and Wife to John Rieusset, 1794 July 29, (The Library of Virginia)

The Virginia legislature passed an act on 27 February 1866 to legalize the marriages of former slaves and provided for the legitimization of children of couples no longer cohabiting as long as the father recognized the children to be his. See Virginia Acts of Assembly, 1866-1867, Chapter 18, An act to amend and re-enact the 14th section of chapter 108 of the Code of Virginia for 1860, in regard to registers of marriage; and to legalize the marriages of colored persons now cohabiting as husband and wife.

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653. The county seat is Montross.

Many loose papers were burned during both the Revolutionary War and the Civil War. Volumes that record deeds, court orders (except for an order book for the period 1764-1776), and wills exist.

From the guide to the Westmoreland County (Va.) Writs of Habeas Corpus, 1867, 1870, (Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

The separate office of coroner appeared in Virginia about 1660. The judicial duty of the office is to hold inquisitions in cases when persons meet sudden, violent, unnatural or suspicious death, or death without medical attendance. The coroner would summon a jury to assist him in determining cause of death. Prior to November 1877, the jurors numbered twelve. Between November 1877 and March 1926, the jurors numbered six. The jury viewed the body of the deceased and heard the testimony of witnesses. The coroner was required to write down witness testimony. After seeing and hearing the evidence, the jury delivered in writing to the coroner their conclusion concerning cause of death referred to as the inquisition. After March 1926, only the coroner determined cause of death. He could require physicians to assist him with determing cause of death. If a criminal act was determined to be the cause of death, the coroner was to deliver the guilty person to the sheriff and the coroners' inquests would be used as evidence in the criminal trial.

From the guide to the Westmoreland County (Va.) Coroners' Inquisitions, 1802-1939, (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653. The county seat is Montross.

Many loose papers were burned during both the Revolutionary War and the Civil War. Volumes that record deeds, court orders (except for an order book for the period 1764-1776), and wills exist.

From the guide to the Westmoreland County (Va.) Judgment John Norwood versus Administrator of Elizabeth Brinnon, 1808 Oct, (Library of Virginia)

Slaves sued for emancipation in freedom suits based on the following: they were descendant(s) of a free female ancestor, typically a Native American (Hening Statutes, volume 2, p.170); failure of slaveowner(s) to abide by the 1778 slave nonimportation act (Henings Statutes, volume 9, pp. 471-472); or claimed to have been freed by slaveowner(s) by deed of emancipation or last will and testament (Henings Statutes volume 11, pp. 39-40)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653. The county seat is Montross.

From the guide to the Westmoreland County (Va.) Judgments (Freedom Suits), 1810-1858, (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added later.

From the guide to the Westmoreland County (Va.) Inventory of the Estate of Solomon Redman, 1783 Mar. 25, (The Library of Virginia)

Westmoreland County was formed in 1653 from Northumberland County. Part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Deed, Lewis and Park, Commissioners, to Washington, Oct. 1835, (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

Throughout the Civil War, the principal responsibility for Virginia's indigent soldiers' families lay with the locality. The Virginia State Convention in 1861 gave the responsibility entirely to counties and incorporated towns and authorized whatever actions had already been taken. Acts of Assembly in 1862 and 1863 expanded the localities' powers to provide for their needy, and in 1863 some minimal state assistance was added in. At first relief was provided as money, but as the monetary system collapsed, relief was distributed in kind. Agents of the court maintained lists of eligible families, gathered goods for distribution and paid for them, and impressed supplies if necessary. Virginia was unique amongst the southern states in that it assigned the provisioning of needy families almost solely to the locality.

From the guide to the Westmoreland County (Va.) Reports of Indigent Soldiers' Families, 1861-1865, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653. Part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Free Negro and Slave Records, 1780-1870, (The Library of Virginia)

Westmoreland County was formed from Northumberland County in 1653, and part of King George County was exchanged with Westmoreland in 1778. The county was named for the English county.

Prior to 1853, when the Commonwealth began recording vital statistics, Virginia marriages were recorded at the county or city level. Beginning in 1661, in order to be married by license, the groom was required to go before the county clerk and give bond with security that there was no lawful reason to prevent the marriage. The license, issued then by the clerk, was given to the minister who performed the service. Written consent from a parent or guardian was needed for individuals younger than twenty-one years.

Until 1780, marriages could be performed only by ministers of the Established Church, who were required by law to record marriages in the parish register. In 1780, dissenting ministers (only four per county from each sect) were first permitted to perform marriage ceremonies. In order to have a record of all marriages, ministers were required to sign a certificate to be filed with the county clerk. The signed document certified that a minister had performed the actual marriage ceremony between the named individuals on a certain date. Intially, ministers sent marriage certificates to the clerk every three months. Some ministers adopted a custom of making collected returns - a list of marriages performed within a period of time such as a year or several years. Beginning in 1784, marriage certificates were returned annually. The law was rarely enforced, and ministers' returns were sometimes late, incorrect, incomplete, and in many instances, not made at all. County clerks compiled a register of marriages based, in part, on ministers' returns.

The original ministers' returns, marriage licenses and marriage certificates, from which these volumes were compiled, were created by the County Court until 1904. After this date, marriages were recorded in the Circuit Court.

Many loose papers were burned during both the Revolutionary War and the Civil War. Volumes that record deeds, court orders except for an order book for the period 1764-1776, and wills exist.

From the guide to the Westmoreland County (Va.) Record of Ministers' Returns and Register of Marriage Licenses with Marriage Certificates, 1826-1920, (The Library of Virginia)

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653, and part of King George County was added in 1777.

From the guide to the Westmoreland County (Va.) Commonwealth Causes, 1776-1914, (The Library of Virginia)