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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.
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John Ruston Pagan is a Professor in the School of Law at the University of Richmond, Virginia.
"Pagan's Anne Orthwood's Bastard: Sex and Law in Early Virginia . . spin[s] engaging yarns that tie together the best of recent scholarship ont eh colonial Chesapeake while also interweaving fresh historical questions and issues. the kind of work tailor-made to grip and hold the imaginations of undergraduates in early American survey courses everywhere. Pagan deliberately couches his case study as a narrative and sets forth his story in taut and elegant prose that has a ll the analytic precision of a tightly argued legal brief."-- Reviews in American History
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