Courthouse (2012) by David M. Doody The Colonial Williamsburg Foundation
Built in 1770, the Courthouse in Williamsburg not only served the legal needs of Virginia’s capital city and surrounding area, but it was also a social hub. Here, people from all walks of life shaped evolving ideas on power, self-government, and the law.
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Local government’s hub
In colonial America, most people came into contact with the local government at county courthouses. The court handled most bureaucratic tasks, including trials, petitions, business licenses, and more.
The Courthouse’s many faces
The Courthouse served several functions as a government building.
Courthouse (2013) by Barbara T. Lombardi The Colonial Williamsburg Foundation
Court days
Court was held at set times throughout the year, generally on a monthly or quarterly basis. These court days were public affairs that extended beyond legal business, with merchants selling goods, people trading wares, and sometimes lively entertainment.
A source of information
At the center of Williamsburg, the courthouse was a convenient location for public notices such as the sale of land or proposed marriages...
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Slave courts
The courthouse also operated as a Court of Oyer and Terminer, a separate criminal court for enslaved people who had less rights or legal protections during trials. With no right to a jury, enslaved peoples' fates were up to a panel of judges who were also enslavers.
Inside the court
The court's interior helped court days function smoothly and reinforced the government's power.
Court room
Colonial court was an open affair, so anyone could spectate. People congregated in the courthouse's main room. Some people would come just to hear the cases, while those who had business in the court would wait for the sheriff to call them to the bar at the front of the room.
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
In the 18th century, spectators would have stood. Visitors to the courthouse today will find wooden benches for audiences attending programs.
Colonial officials, local residents appointed to a position by the crown, administered justice in colonial Virginia. The court room’s layout and features allowed officials to smoothly run court sessions.
Justices' Bench (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Justices’ bench
Justices of the Peace decided matters brought before the court, from petitions to criminal cases. Often, they deliberated openly on the bench. The royal governor appointed each county’s justices, choosing men of the elite gentry class.
Clerk's Desk (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Clerk’s desk
The county clerk was one of the most important positions in the court. Unlike justices, clerks were required to have formal legal training. Clerks kept the court running as smoothly as possible, from handling documents to keeping track of business before the court.
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Jury bench
The jury sat on this bench, behind the clerk and in front of the justices. The men seated here were selected from among “the most able men in the county” to act as jurors. Juries did not always hear cases, as most matters were decided by the justices.
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Sheriff’s box
The sheriff enforced the law, both in and out of the court. Before court even began, the sheriff would have been responsible for selecting twelve “respectful men” to serve as jurors.
Here he would receive orders from the court, such as to arrest an individual or collect debts.
The sheriff also organized and conducted the election of burgesses to represent the county in the colonial legislature. When ordered by the Royal Governor, sheriffs set the date of the election, distributed notices to the freeholders, and oversaw the election itself at the courthouse.
Deputy’s box
Across from the sheriff, the deputy would call plaintiffs and defendants before the court. Acting as an extension of the sheriff, the deputy was also often responsible for taking actions on the sheriff’s behalf.
Courthouse Interior (2023) by The Colonial Williamsburg Foundation The Colonial Williamsburg Foundation
Lawyer seating
Law in the colonies became increasingly complex through the 18th century, making lawyers a more common sight in the courthouse. Representing both colonial and overseas clients, lawyers would have been seated on the benches here, in front of the clerk’s desk, until their cases were called.
Courtroom (2023) by Wayne Reynolds The Colonial Williamsburg Foundation
The bar
The bar was a physical barrier at the front of the court room. Those who had business at the court were called up to the bar to state their case and plead their cause. A simple feature, it underpinned the court's legitimacy by separating those who made the decisions and those who were subject to them.
Administering justice
While the courthouse's largest and busiest room was the court room, the building also housed a few additional spaces for other court purposes.
Magistrate’s room
While set aside for the justices to deliberate on the matters before them, this room was usually only used for an occasional break. Most of the time the justices simply openly discussed and debated cases on the bench.
Jury room
Not all cases involved juries. For those that did, deliberation was encouraged to be swift: jurors were sequestered without food, drink, or even a fire for heat in the winter. A single chamber pot was provided for the 12 men. The conditions encouraged swift decisions by jurors.
Clerk’s room
Utilitarian in nature, the room had small desks where deputy clerks worked, as well as records, law books, and statutes for quick reference. As more business came before the court, this room became more like an office for the clerks' use.
Pillory (2001) by David M. Doody The Colonial Williamsburg Foundation
Stocks and pillory
Each county in colonial Virginia was mandated to have stocks and pillory in some public place. They would bind people by the legs, hands, or neck. This public punishment was meant both to shame the person being punished and deter others from committing similar crimes.
Courthouse (2023) by Brian Newson The Colonial Williamsburg Foundation
More than a simple building, it was here where Virginia’s inhabitants gathered in the 18th century to carry out routine local government business and the administration of justice. The Courthouse connected everyday people to the government.
The Courthouse is a historic site operated by the Colonial Williamsburg Foundation . To visit in person or learn more about the building and its history, click here .
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