Southampton County was formed from Isle of Wight County in 1749. A part of Nansemond County was added in 1785.

The County Court was the original colonial court of adjudication and recordation, and it was the principal tribunal for the administration of local justice. The individual justices could act on small claims matters as well as criminal matters where imminent bodily harm was a possibility, there being an appeal to the full County Court, which met monthly. This court ceased to exist in 1904 and the recordation function was transferred to the circuit court.

The District Courts were created by the General Assembly in 1788. They were designed to alleviate congestion in the General Court which had caused long delays in adjudication of common law cases. The District Courts were abolished in 1808 and were replaced by the superior courts of law.

The Superior Court of Law was created in 1808. It met twice a year in each county, presided over by a circuit-riding General Court judge. Records were filed with the County Court. It had civil and criminal jurisdiction. The court ceased to exist in 1831.

The Circuit Superior Courts of Law and Chancery, established in 1831, were the upper courts on the local level. Sessions were held twice a year in each county, presided over by a General Court judge. The counties were grouped into districts for the convenience of the judge. The court ceased to exist in 1851.

The Circuit Court was authorized by the Constitution of 1851 and established by an act of the General Assembly passed in May 1852. Courts were held twice yearly in each county, presided over by 21 judges who rode circuits in the area of their jurisdiction. The records were filed with County Court records. These courts were granted original jurisdiction concurrrent with that of the County Courts, as well as appellate jurisdiction in all civil cases of more than fifty dollars and criminal cases not "expressly cognizable in some other court," including those involving loss of life.