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held in Virginia, was called by George Yeardley, then Governor, in June, 1619. Counties not being then laid off, the representatives of the people were elected by townships; the boroughs of James Town, Henrico, Bermuda Hundred and others, sending their members to the Assembly, from which circumstance, the lower house was first called the House of Burgesses.' The body known as the " Governor and Council" on its judicial side was the first Civil Court established in America. It had original jurisdiction in all cases and its judg ments seem to have been final. The Gov ernor and Council also exercised the power of establishing Inferior Courts, as witness the following quaint commission :

that they take into their care, the conservation of the peace, the quiet government and safety of the people there residing or being, and that all orders and proclamations bee kepte and ob served, and according to the same to inflict a punishment upon all delinquents either by fine or otherwise ( such offences only excepted as concerne the taking away of life or member). Provided alwaise, that it shall be lawful for the plaintiff or defendant in any suit before the said Commissioners depending to appeal to the Cort at James City, there holden by the Governor and ordes. Councill,. and . . they are required to keepe réc Given at James Citty, the zoth day of March. Anno Dom. 1628-9, and in the reign of our sovereign lord Charles, by the grace of God of England, Scotland, France and Ireland, De fender of the Faith, &c., and in the two and twentieth year of this plantation.

To whom all these presents shall come. I, John Pott, Esq., Governor and Captaine GenerA like commission was issued the same nll. send greeting in our Lord God everlasting. Whereas for the greater case of the inhabitants day, to sundry other commissioners, for of dyverse parts of this Colony, and for the bet holding monthly courts, " in the upper ter Conservation of the peace, and due execu partes," referring evidently to the section of tion of such laws and orders, as are, or shall be country west and remote from James City. established for the government of the people According to Hening, "it was early a and the inhabitants in the same, the Governor leading principle, to carry justice to tke doors and the Councell have thought fitt, and accord of the inhabitants." For this object these ingly appointed by an order of the Cort made courts in some of the distant counties had the yth daie of March, last past, that there shall final jurisdiction as far as three thousand be monthly corts held and kepte in some of the pounds of tobacco, and in sparsely settled more remote plantations thereof : now know ye plantations, single individuals were invested that according to said order, these persons whose with the full powers of a County Court. names are here inserted are for the tyme being These monthly courts were therefore the assigned and appointed to be the present com missioners of and for the holding and keeping first lower Courts of Record, and the Gov monthly corts within the Corporation of Eliza ernor and Council the first Court of Appeals beth Citty and the parts near adjoining, viz : known in the history of the colony. Capt. Thomas Purfury. Capt. Edward Waters. There was no appeal from the Courts of Lieutenant Thomas Willoughby, Lieutenant the colony to any higher tribunal in England. George Thompson, Mr. Adam Thoroughgoocl, On the other hand, the acts of the Colonial Mr. Lyonel Coulston, Mr. William Kemp and Mr. John T)ownman; which said Commissioners Assembly were subject to ratification of a or any three of them, whereof Capt. Thomas Council of the chartered company in Eng Purfury and Lieut. Edward Waters always to be land before they became operative, and the one, shall have power & authority to heere and Governor and officers of the Assembly were determine all such suits and controversies be appointed by the King. While there is mention of the trial by jury tween party and party as exceed not the value of one hundred pounds of tobacco: especially at the very inception of the colony, and trial by jury was guaranteed in the ancient char 1 Note in Hening's Statutes, Vol. I, p. 121.