Creation of the Court
Prince William County was divided in 1742 to create a second county: Fairfax County.[1] When the county was created, they needed a governing body as well. In 1705, a law passed by the General Assembly of Virginia formally constructed the standard of the county courts and gave them their duties, powers, and obligations, until 1851.[2] This wasn’t a court of elected officials, but one the justices of the peace would be appointed to or would inherit their seat. What is important to remember is that the courts at this point in America’s history, especially in the pre-Revolutionary war era, didn’t only play the part of the judicial branch as they do today; they were also instrumental in enforcing and deciding laws, though less so at the state level and much more so at the local county level.
The city of Alexandria is separate from Fairfax County and as such has its own governing system. In 1779 the city of Alexandria was incorporated and got rid of its previous oligarchical trust system. Its mayor-council system was officially established in 1780. Until 1805, mayors of the city served one-year terms. Several of the members of Alexandria’s council or even Alexandria’s mayors were also members of the Fairfax County Court.
George Mason turned twenty-one years old on December eleventh, 1746, and thus took hold of his entire estate, on which he would soon build Gunston Hall. He inherited his position on the Fairfax County Court soon and joined soon after attaining his majority, on April 22nd, 1747. The County Court itself was barely even five years old yet at the time.
[1] William Waller Hening. “Fifth Volume” in Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature 13 v. & supp. (New York: R. & W. & G. Bartow, 1809-1823) 207-08.
[2] A. G. Roeber. Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810. Chapel Hill: University of North Carolina Press, 1981.
A page from A. G. Roeber's Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 showing a diagram of the legal system in Virginia from 1705 to 1810.
The court was required by law to meet once a month, adjourning into the next day when meetings lasted into candlelight. There were a minimum of four justices present: One being a member of the quorum (a senior judge with a more extensive knowledge of the law) and three additional judges. Most times there would be around six justices of the peace present while court was in session, though there are some days when up to eight, nine, or even ten justices arrive, though some might not stay for the entire session.[3] Many of the justices of the Fairfax County Court originally sat on the Prince William County Court.
The date when someone joined the Court was important, because it determined seniority. Seniority was important to the Fairfax County Court, as it decided which of the judges could hold the judge’s chair. The position of sheriff also rotated through the most senior justices by rank, serving one-year terms each time he held the position. It is important to know that seniority is determined from the earliest date of service.
[3] Hening, Statutes at Large.
