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Court Records History
Pre-1914 court papers located in the Circuit
Court for the City of Fredericksburg, Virginia, are being processed
for archival storage. As part of this on-going project,
a database containing the names of primary parties (plaintiffs, defendants,
deponents, petitioners, etc) has been created. Also included in the database are names and
places contained in remarkable contents of records containing documents of historical
or genealogical significance.
All words have been entered in the database spelled as they were found
in the original documents (typos excepted). Consequently, several variations
of a word may be found.
Court Papers
Court papers in the Circuit Court for the City of Fredericksburg are from
the following courts:
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Courts in the Commonwealth of Virginia
Hustings / Corporation Court
The Hustings Court, also known as the Corporation Court in jurisdictions
incorporated as independent cities, was the town/city equivalent of the
County Court. It was presided over by Justices under the Mayor of the town/city
and heard civil and criminal matters. Civil actions on appeal and criminal
matters resulting in conviction were sent to the next higher court (Hustings
Court to District Court / Superior Court and Corporation Court to Circuit
Court) for further action.
District Court
District Courts, created in order to relieve the General Court of the congestion
of common law cases, were established in eighteen Virginia localities and
the district of Kentucky in 1789. Each district was comprised of several
counties and court was held twice a year in each district. General Court
judges presided over the District Courts. The court for the District of
Spotsylvania included the Town of Fredericksburg, and the counties of Spotsylvania, Caroline, King George, Stafford, Orange, and
Culpeper. District Courts were abolished in 1808, being replaced
by Superior Courts of Law.
Citation :
THE VIRGINIA STATE COURT SYSTEM, 1776-
by
Thomas Jefferson Headlee, Jr.
Virginia State Library
1969
Notes:
Madison County was also part of the District for Spotsylvania as evidenced
by the court records.
The records for the Spotsylvania District Court are located in Fredericksburg
because the District Court sat in the Fredericksburg courthouse, not in
the Spotsylvania County courthouse. Consequently, this Court is often referred
to as the Fredericksburg District Court.
Among the records in Fredericksburg are a number of cases which were
instituted in the General Court and moved later to the newly created District
Court.
Superior Court of Law
Superior Courts of Law were created in 1808, superceding the District Courts
and maintaining the same district structure for criminal and civil cases.
The courts, established in each county, met twice a year, presided over
by a General Court judge riding a circuit from county to county. Consequently,
these courts are often referred to as "Circuit Courts", "Circuit Courts
of Law" or "Circuit Superior Courts".
Citation :
THE VIRGINIA STATE COURT SYSTEM, 1776-
by
Thomas Jefferson Headlee, Jr.
Virginia State Library
1969
Note:
The records for Spotsylvania Superior Court of Law are located in Fredericksburg
because the court sat in the Fredericksburg courthouse, not in the Spotsylvania
County courthouse. Consequently, this Court is often referred to as the
Fredericksburg Superior Court of Law.
Superior Court of Chancery
Superior Courts of Chancery were created in 1802 in order to expedite the
hearing of chancery cases, which had previously been heard in the High
Court of Chancery. Superior Courts were established in three districts
and are sometimes referred to as "District Courts of Chancery". The number
of Superior Court districts was increased to six in 1812, to eight in 1813/1814
and to nine late in 1814. The Spotsylvania District for the Superior Court
of Chancery, established in 1814, included Caroline, Culpeper, Fauquier,
Fairfax, Lancaster, Northumberland, Madison, King George, Orange, Prince
William, Richmond, Spotsylvania, Stafford, Essex and Westmoreland Counties
and the Town of Fredericksburg.
Citation :
THE VIRGINIA STATE COURT SYSTEM, 1776-
by
Thomas Jefferson Headlee, Jr.
Virginia State Library
1969
Note:
The records for Spotsylvania Superior Court of Law are located in Fredericksburg
because the court sat in the Fredericksburg courthouse, not in the Spotsylvania
County courthouse. Consequently, this Court is often referred to as the
Fredericksburg Superior Court of Chancery.
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Circuit Superior Court of Law and Chancery
Circuit Superior Courts of Law and Chancery were created in 1831, superceding
the Superior Courts of Law and the Superior Courts of Chancery. The courts,
held in each county twice a year and presided over by a General Court judge
riding a circuit from county to county, were abolished in 1852 when the
Virginia Constitution of 1851 became effective.
Citation :
THE VIRGINIA STATE COURT SYSTEM, 1776-
by
Thomas Jefferson Headlee, Jr.
Virginia State Library
1969
Note:
The records for Spotsylvania Superior Court of Law and Chancery are
located in Fredericksburg because the court sat in the Fredericksburg courthouse,
not in the Spotsylvania County courthouse. Consequently, this Court is
often referred to as the Fredericksburg Superior Court of Law and Chancery.
The Court Order Book for the period shows the last reference to Law and
Chancery appearing in the May 1850 court term.
Circuit Court
Circuit Courts, established in 1852, were held twice a year in each county
and were presided over by a judge riding a circuit from county to county.
Citation :
THE VIRGINIA STATE COURT SYSTEM, 1776-
by
Thomas Jefferson Headlee, Jr.
Virginia State Library
1969
Notes:
The records for Spotsylvania Circuit Court through 1889 are located
in Fredericksburg because the court sat in the Fredericksburg courthouse,
not in the Spotsylvania County courthouse, until Fredericksburg was incorporated
as an independent city at which time this court was convened at the Spotsylvania
County courthouse and the Fredericksburg Circuit Court was established
in the City of Fredericksburg. The Court Order Book for the period shows
the first reference to Circuit Court appearing in 16 August 1850 proceedings.
Disclaimer: Data provided by Historic Court Records is not official and is
provided by the Historic Court Records site for genealogical
and historical research purposes only.
All data contained herein should be verified by obtaining a copy of the original record.
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© 2002-2008 Barry L. McGhee
All rights reserved.
Last modified:
Wednesday June 23 2004
URL: http://www.historiccourtrecords.org/courthistory.stm
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