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Upon the suggestion of the Hon. M. E. Bristow, of Gloucester, and through the generous co-operation of the Hon. W. W. Woodward, we are able to offer the following letter in regard to the escape of the records of Middlesex County:

"Mr. Morgan P. Robinson,

Virginia State Library,

Dear Sir:

Richmond, Va.

Hampton, Va.,
Feb. 10th, 1916.

Your letter of the 9th inst., is received, relative to the court records in Middlesex County, Va. My father, P. T. Woodward, was the Clerk of Middlesex County for forty years, beginning in 1852. During a portion of this time I was his deputy.

The records of Middlesex County are intact and date back for more than two hundred years. These records were not destroyed during the War between the States.

My father had securely packed and removed the valuable books and papers during the war and concealed them, in an out of the way place upon what is called and known as the Dragon Swamp, which is the head waters of the Piankatank River. The Yankee troops broke in the office, and finding no valuable records pulled down many old worthless papers, cut the strings and scattered them a foot deep on the brick floor. These papers were afterwards burned by order of the Court. Hon. H. R. Pollard, City Attorney of Richmond, can give you information on the subject.

Yours very truly,

W. W. Woodward."

50 Williams's "Index to the Enrolled Bills of the General Assembly of Virginia, 1776-1910" (1911), p. 294, 1. 47, under the caption "Monroe County", carries the entry "Establishing Taylor county from part of, -1843-4, 9",-this entry obviously having been typographically transposed from its proper place amongst the data under "Marion County", as see A (1843-4), p. 34. See also note 17.

The "Journal of the House of Delegates", 1798-9, p. 77, gives this date as January 15, 1799, while S. ii, p. 168, gives the date as January 14, 1799,the former, of course, being the correct one.

52 Upper Norfolk was formed in 1637 (see note 55), but the name was changed to Nansemond in 1642. For full-text of the Act of Assembly establishing this new early date for Nansemond, see Part VI, chap. ii, below.

53 The "Journal of the House of Delegates", 1807-'08, p. 34, gives this date as December 23, 1807, while S. iii, p. 378, gives the date as December 25, 1807 (Christmas Day), the former, of course, being the correct one. The assembly sat regularly on Christmas Day as late as 1801.

See note 30.

55 We are indebted to Col. B. O. James, Secretary of the Commonwealth, for the following extract from a letter concerning the records of Norfolk County, written under date of Portsmouth, Va., October 21, 1913, by the Hon. Alvah H. Martin, Clerk of that county:

"You will find that what was known as New Norfolk County was formed in 1636, and embraced the territory [of Elizabeth City County] south of the James River. In 1637 New Norfolk County was divided into Upper and Lower Norfolk County. Upper Norfolk County was then changed to Nansemond County (see First Hening's Statutes, page 321). In 1691 Lower Norfolk County was divided into Princess Anne and Norfolk Counties; but Norfolk County proper retained all the record books to 1636, so that our records here embrace the records of Nansemond and Princess Anne Counties, as well as Norfolk County itself, from 1636. It also embraces the records of Norfolk City up to the time of its incorporation. You can see the proof of the last statement in Third Hening, p. 95." For full text of the Act giving the bounds of Lower Norfolk and Upper Norfolk, see Part VI, chap. 1, below.

50 New Norfolk County was formed from Elizabeth City County in 1636 (see note 55), but it became extinct in 1637, when its territory was divided into Upper Norfolk and Lower Norfolk Counties (see note 55; H. i, pp. 228, 247).

57 "That [1691] is the date of the formation of Princess Anne. But the act declares that the other county mentioned at that time should 'retain' the name of Norfolk County. The act divided 'Lower Norfolk County' into two, but Norfolk County was nothing more than 'Lower Norfolk' reduced by Princess Anne. There had once been an Upper Norfolk County', but that had long been known by the name of Nansemond, and it was felt in 1691 that it was useless to retain the adjective 'Lower'. The books in the clerk's office at Portsmouth begin in 1637." "Virginia Magazine of History and Biography", iii, p. 84. (See note 55.)

58 The name of Accomack County was changed to Northampton in 1642/3 (H. i, p. 249); see also Green's "Genesis of Counties" in Slaughter's "Brief Sketch of William Green, LL. D.", p. 101.

59 We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Northumberland County:

"Northumberland was the Indian name given to the Indian district Chickacoan in February, 1645 (H. i, p. 294). It was doubtless then created a county by the governor and council. In October, 1648, this action was formally confirmed by the General Assembly. (H. i, p. 352; see also account of Northumberland in "William and Mary Quarterly", xxiii, p. 182)". See also "Virginia Magazine of History and Biography", xxiii, pp. 249, 250.

60 Northumberland and Westmoreland were united for "civill and millitary" purposes, by an Act of March 1661/2 (H. ii, p. 151).

The "Journal of the House of Delegates", October, 1788, 117, gives this date as December 23, 1788, while Hening (xii, p. 723) gives the date as December 22, 1788,-the former, of course, being the correct one.

62 The "Act for Dividing Charles City County" appears in Hening (iii, p. 223) by title only; but reference to Part VI, chapter iii, below, will show the full text of this Act, a copy of which was recently secured by the Library from the Public Record Office in London, for use in this connection. It will be noted that Prince George County,-although authorized by an Act passed in 1702,came into actual existence in 1703,-the former date being the general and more popular interpretation of the earliest actual existence of this county. but is is certain that in addition to the present County of Prince George, the Counties of Dinwiddie, Amelia, Nottoway and Prince Edward were included." ("Virginia Magazine of History and Biography", iv, p. 272). See also Part IV, chart 2, below.

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63 See note 55.

64 The enrolled bills (1839, '58), and the Acts (1839, p. 30) give this order as "Montgomery and Wythe", while a typographical error makes Williams's "Index to Enrolled Bills" (p. 367, l. 31), under the caption "Pulaski County", give the order as "Wythe and Montgomery".

65 We are indebted to Doctor Lyon G Tyler, of Williamsburg, Va., for the following data concerning the early history of old Rappahannock County: "Rappahannock County was formed, as shown by the county records, by Act of Assembly, December 11, 1656".

See also "Virginia Magazine of History and Biography", ii, pp. 72 and 235, where this date is given as December 13, 1656.

68 Rappahannock County was formed in 1656 (see note 65), but became extinct in 1692, when it was divided into Essex and Richmond Counties (H. iii, p. 104).

The "Journal of the House of Delegates", 1832-3, p. 190, gives this date as February 18, 1833, but A (1832-3), p. 44, gives the date as February 8, 1833,-the former, of course, being the correct one.

68 See note 39.

See note 17.

70 The Acts of Assembly, 1814-5, p. 85, give this date as November 24, 1815, and the Acts of the same session, p. 87,-in referring to this act,-says "passed the twenty fourth day of November eighteen hundred and fourteen" (the date written out in full), which latter date is confirmed by the "Journal of the House of Delegates" of that session, p. 88.

71 The "Act for dividing the County of Isle of Wight into two distinct Counties and for other purposes therein mentioned" does not appear in Hening (1748, vols 5 and 6) either by title or in full text; but reference to Part VI, chapter x, below, will show the full text of this Act, a copy of which was recently secured by the Library from the Public Record Office in London, for use in this connection. It will be noted that Southampton County,although authorized by an Act passed in 1748,-came into actual existence in 1749, the former date being the general and more popular interpretation of the earliest actual existence of this county.

72 Upon a suggestion of Mr. William G. Stanard, Secretary of the Virginia Historical Society, and through the generous co-operation of the Hon. George W. Herring, Clerk of the Circuit Court of Stafford County, we are enabled to quote in full the record of the proceedings of the first court of that county, which are to be found in "Stafford Co. Va. Court Book", p. 1, under date of 1664, and thus prove that Stafford was in actual existence at least two years prior to the generally accepted date of 1666:

"At a Court held for the County of Stafford, the 27, May, 1664, Present: Lt. Colo. Robert Williams, Capt. John Alexander, Mr. Richard Heabeard, Mr. Richard Perfitt, Mr. Richard Fassaker, Justices;

Colo. John Dodman was sworne Sheriff, for this County, for this year as Mr. Secretary Ludwell, signified by his letter to the Court, that it was the Governors pleasure, the said Colonel Dodman having entered into Bond to perform the said Office.

Attorney Bridges was this day sworne Clerk of this County Court by grant of the Honorable Secretary of Virginia.

John Samwaies was this day sworne under Sheriff of this County. The Court doth order that Capt. John Alexander shall forthwith cresse six men and horse & goe to the Manfattero Indians to see if he can Discover what Indians they were that had Lately committed that Murther above Potomeck.

Let noe will be proved (if any made) nor administcon granted of the Estate of Jacob Porter Deceased unless John Whitston Principal Creditor of the said Deceased be first called

14th, June 1664 this Coveat was entered:"

73 We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Surry County:

"Lands in Surry are shown by the Land Grants to have been in James City County previous to December 6, 1651. Its first justices were appointed in April, as shown by the county records. (See "William and Mary Quarterly", viii, 165). So it was certainly formed at the assembly which met at this time, April, 1652."

74 Seз note 50.

The "Journal of the House of Delegates", 1799-1800, p. 32, gives this date as December 20, 1799, while S. ii, p. 217, gives the date as December 19, 1799,the former, of course, being the correct one.

78 The "Journal of the House of Delegates", 1814-5, p. 105, gives this date as December 3, 1814, while A (1814-5), p. 87, gives this date as December 6, 1814,— the former, of course, being the correct one.

78, a For full text of this act, see Part VI, chap. i, below.

"Upper Norfolk County was formed in 1637 (see note 55), but the name was changed to Nanesmond in 1642 (see note 52).

78 The "Journal of the House of Delegates", 1850-1, p. 449, gives this date as March 27, 1851, while A (1850-1), p. 23, gives the date as March 26, 1651,the former, of course, being the correct one.

79 Warrosquyoake County was formed in 1634 (H. i, p. 224), but the name was changed to Isle of Wight in 1637 (see note 34; H. i, p. 228).

80 The name of Warwick River was changed to Warwick in 1642/3 (H. 1, p. 249).

81 Warwick River County was formed in 1634 (H. i, p. 224), but the name was changed to Warwick in 1642/3 (H. i, p. 249).

82 We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Westmoreland County:

"Westmoreland County was formed from Northumberland in July, 1653 (H. i, p. 381)".

83 See note 60.

84 The "Journal of the House of Delegates", 1845-6, pp. 52, 82, as well as the title and the entire text of the enrolled bill itself carry the spelling "Whetsell"; the index to the House Journal for this session carries the spelling "Whetzel", while the A (1845-6), p. 51, and Williams's "Enrolled Bills of the General Assembly of Virginia, 1776-1910" (1911), p. 488, carry the spelling "Wetzel".

85 The "Journal of the House of Delegates", 1798-9, p. 35, gives this date as December 22, 1798, while S. ii, p. 170, gives the date as December 21, 1798, the former, of course, being the correct one.

86 Yohogania County was formed in 1776 (H. ix, p. 262), but was abolished in 1786 (J. Jan. 6, 1786), by legislation resulting from the fact that "by the extension of the western boundary between the State of Pennsylvania and this commonwealth, the greater part of the County of Yohogania has fallen within the limits of the former, whereby the remainder of the said county is rendered too small and inconsiderable for a separate county", and this small remaining portion was "hereby added to the County of Ohio" (H. xii, p. 114).

Yohogania County was formed in 1776 (H. ix, p. 262), but became extinct in 1786 (H. xii, 114).

88 The name of Charles River County was changed to York in 1642/3 (H. i, p. 249).

PART II.

CHRONOLOGICAL ARRANGEMENT

The Notes are assembled in series at the end of Part I, Alphabetical Arrangement.

In the Chronological Arrangement, the date of the operation of the Act of Assembly has, of course, been the guide, but when several Acts became operative in the same year, the dates of the final passage of these Acts decide the chronology; while resort has been had to alphabetizing the names when two or more counties came into actual existence in the same year as the result of Acts finally passed on the same date. Striking illustrations of this appear under the years 1777, 1778 and 1786. Kentucky, Montgomery and Washington came into actual existence in 1777 as the result of an Act passed Dec. 7, 1776. Hence these counties appear under this date in the order named. Fluvanna and Powhatan came into actual existence in 1777 as the result of two Acts finally passed on June 3, 1777, and therefore appear in alphabetical order under the latter date. Henry, however, is the first of those listed under 1777, because it came into actual existence that year, and the Act forming it was passed earlier than any of the other three. The following abbreviations are used in this Part:

A.: Acts of the General Assembly of Virginia, for the session indicated. E. (superior): resulted from Virginia legislation, but now extinct, as shown by accompanying limiting dates.

H.: Hening's "Statutes at Large".

H. B.: "Journals of the House of Burgesses", 1619-1776 (Virginia
State Library: 1905-1915).

J.: "Journal of the House" (Burgesses or Delegates, as the case may
be), as interpreted in the note on the subject under the "General"
section of the Preface.

K. (superior): resulted from Virginia legislation, but now in Kentucky.
S.:
Shepherd's "Statutes at Large" (continuation of Hening).

U. S. Stats.: United States Statutes.

W. (superior): resulted from Virginia legislation, but now in West
Virginia.

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