"Justice Accessible to All." County Divisions Begin
Scarcely had the eight original counties begun to function before the expansion of population forced the erection of a new one. In 1636 that part of Elizabeth City County lying on the south side of Hampton Roads became a separate entity under the name of New Norfolk, a name probably derived from the English shire. No court records of this year survive. The next year 1637, New Norfolk itself was divided into Lower Norfolk and Upper Norfolk counties.
Also in 1637, Warrosquyoake County lost its Indian name, becoming Isle of Wight. By Act of Assembly passed in January 1639/40, the bounds between these three counties were set as follows: Isle of Wight to begin at Lawne's Creek, thence down the main river to Richard Hays's, formerly John Seaward's, including the said plantation and families and from thence from the main river into the woods southerly to the plantation of William Nowell and Mr. Robert Pitt, with the said plantation and families, and thence south as aforesaid. The Upper County of New Norfolk to begin at the aforesaid plantation of Richard Hays, from thence southerly into the woods as aforesaid, and by the main river, from thence to extend down by the main river unto the creek near the plantation of Francis Bullock being the first creek to the westward of Crany Point including the plantation of the said Francis Bullock and no ways intrenching upon the Western Branch of Elizabeth River nor the creek thereof which do belong to the county of Lower Norfolk. The parishes in these counties were ordered to be coterminous with the bounds of the counties. Upper Norfolk County kept its name only a few years; in March 1645/46, the Assembly directed it should "be from henceforth nominated and called county of Nansemun."
Indian District Chickacoan Becomes Northumberland
Whether because of the Puritan element in Nansemond or because of Quakers resident there, who on account of their aversion to war were of no aid against the Indians, settlement for the first time turned away from Tidewater to the area lying between the Rappahannock and the Potomac Rivers. Because of its fertile soil, easy transportation and healthful climate, the colonists patented land in this favored region in increasing numbers. By 1645 the county of Northumberland had been formed and organized. Although we have no Act of Assembly to establish the date of its formation, an item from a volume of Maryland Archives under date of 1645 referring to Lieutenant Colonel John Trussell of the county of Northumberland shows the county was then functioning.
The area from which Northumberland was formed had borne the Indian name of Chickacoan. It was a border settlement with no stable government and in need of law and order. Northumberland extended from the Potomac to and across the Rappahannock River and from the tip of "Northern Neck," as the territory lying between the two rivers was called, indefinitely westward. The name derives from the English shire, Northumberland.
Population of the colony is estimated to have been about 15,000 in 1649, 500 of whom were negroes, and in 1654, 21,600 persons. This rapid growth was due largely to the Civil War in England which made Virginia a haven of refuge for many.
Northumberland Divided
In 1651, that portion of Northumberland lying on both sides of the Rappahannock River was divided and a new county, called Lancaster from the English shire of that name, was formed.
Colonists were moving westward in Northumberland and the distance to its courthouse made attendance at court difficult. In 1653, the new county of Westmoreland was set up from the western end of Northumberland to take care of these new residents. Its boundaries were "from Machoatoke River where Mr. Cole lives and so upwards to the falls of the great river of Potomac above the Necostins Town." It did not extend across the Rappahannock River. The "Mr. Cole" referred to is probably the Richard Cole, who in his will, directed that an elaborate tombstone be ordered for him carrying the following inscription: