
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. Anne Orthwood's Bastard was the winner of the 2003 Prize in Atlantic History, American Historical Association.
This book investigates how a series of legal disputes concerning an indentured servant's illegitimate children in 17th-century Virginia reflects the evolution of colonial law and social values. John Ruston Pagan, a legal historian, utilizes court records from Northampton County to analyze how early American colonists adapted English common law to address local economic and social pressures. By examining the specific case of Anne Orthwood and her surviving son, Jasper, the author argues that these legal proceedings were essential mechanisms for maintaining social order, protecting property, and defining personal liberty in a frontier society.
What You Will Find
Historians and legal scholars frequently cite this work as a significant contribution to the study of early American jurisprudence and social structures. Experts highlight the author's ability to transform narrow local court records into a broader commentary on the formation of colonial identity and legal culture.
Page Count:
234
Publication Date:
2002-01-01
Publisher:
Oxford University Press
ISBN-10:
0199881774
ISBN-13:
9780199881772
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