NOTES FOR CHAPTER III
[43] See generally, Martha Hiden, How Justice Grew: Virginia Counties: An Abstract of Their Formation, (Williamsburg: Virginia 350th Anniversary Celebration, 1957). Also, because time-honored tradition as well as law influenced the organization of Virginia counties, the description of English local government in J. B. Black, The Reign of Elizabeth, 1558–1603, (Oxford: Oxford University, 1936), pp. 174–177, applies to Virginia's county government in the colonial and early federal periods.
[44] The first statute on this subject, in 1628, used the term "commissioners" (I Hening, Statutes, 133). In 1662, this term was replaced by "justices". P. A. Bruce, Institutional History of Virginia in the Seventeenth Century, (New York: Putnam, 1910), I, 488. However, Porter, County Government, p. 170, states that "justice of the peace" was the full title during most of the seventeenth and eighteenth centuries.
[45] Porter, County Government, p. 168.
[46] In 1657, for example, the House of Burgesses enacted legislation requiring that appointments be recommended by the county court and approved by the Assembly. (I Hening, Statutes, 402, 480) But this requirement appears to have been repealed after the restoration of Charles II.
[47] Porter, County Government, p. 49, cites the Calendar of State Papers, I, 261, listing the numbers of justices in nearby counties as follows: Fauquier, 18; Prince William, 18; Loudoun, 17.
[48] Charles Sydnor, American Revolutionaries In The Making, (New York: Collier, 1962), p. 64.
[49] Hening, Statutes, I, 117.
[50] Hening, Statutes, I, 305.
[51] Hening, Statutes, II, 28, 280.