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In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia. Orthwood died soon after giving birth; one of the twins, Jasper, survived. Orthwood's illegitimate pregnancy sparked four related cases that came before the Northampton
magistrates -- who coincidentally held court in the same tavern -- between 1664 and 1686. These interrelated cases and the decisions rendered in them are notable for the ways in which the Virginia colonists modified English common law traditions and began to create their own, as well as what they
reveal about cultural and economic values in an Eastern shore community. Through these cases, the very reasons legal systems are created are revealed, namely, the maintenance of social order, the protection of property interests, the protection of personal reputation, and personal liberty. Through
Jasper Orthwood's life, the treatment of the poor in small communities is set in sharp relief.
About the author
John Ruston Pagan is a Professor in the School of Law at the University of Richmond, Virginia.
Summary
In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia. Orthwood died soon after giving birth; one of the twins, Jasper, survived. Orthwood's illegitimate pregnancy sparked four related cases that came before the Northampton magistrates - who coincidentally held court in the same tavern - between 1664 and 1686. These interrelated cases and the decisions rendered in them are notable for the ways in which the Virginia colonists modified English common law traditions and began to create their own, as well as what they reveal about cultural and economic values in an Eastern shore community. Through these cases, the very reasons legal systems are created are revealed, namely, the maintenance of social order, the protection of property interests, the protection of personal reputation, and personal liberty. Through Jasper Orthwood's life, the treatment of the poor in small communities is set in sharp relief.
Additional text
John Pagan's subtle and sophisticated research and analysis and his lucid and evocative writing bring to life these Virginians of 350 years ago. The character sketches of the servants, justices of the peace, planters, jurors, and of Anne Orthwood and her lover are gems of historical writing. Through the experiences of those people, Pagan teaches us how they lived and how they created and solved problems.
