USA > Virginia > Virginia colonial decisions : the reports by Sir John Randolph and by Edward Barradall, of decisions of the general court of Virginia, 1728-1741, v. I > Part 1
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REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02375 6569
Digitized by the Internet Archive in 2016
https://archive.org/details/virginiacolonial01 virg
490
VIRGINIA COLONIAL DECISIONS VOL. I V.1
THE REPORTS
BY
SIR JOHN RANDOLPH
AND BY -
EDWARD BARRADALL
OF. DECISIONS OF
THE GENERAL COURT OF VIRGINIA
1728-1741
EDITED, WITH HISTORICAL INTRODUCTION BY R. T. BARTON
BOSTON, MASS. THE BOSTON BOOK COMPANY 1909
21804311 HHT
HAJOGMAX WHOLA12
LJACIARNIA& CALAWCH
MOTHAN TA
2RAM. 4012021 77AT1409-2008-201208 -JAVI
1927718
SIR JOHN RANDOLPH
1
COPYRIGHT, 1909 BY THE BOSTON BOOK COMPANY
The Riverdale Press, Brookline, Mass., U. S. A.
-
PREFACE
This book presents in printed form to the public, as well as to the legal profession, the decided cases of the chief Court of Colonial Virginia from about 1729 to 1743, as they were written down by Sir John Ran- dolph and by Edward Barradall, Esq. Except a few cases of a later time, reported by Mr. Jefferson and a very few by Mr. William Hopkins, one of which is included in Jefferson's list, these are all the reported cases of the colonial period of one hundred and sixty- nine years.
It is not that the profession, which makes daily use of the vast multitude of cases decided in the one hundred and thirty-three years of the Statehood of Virginia, by her own courts, and by those of her sister states, and of the United States, cannot do without this addition to their sources of knowledge that this book is published now. Had this been so, the publication would have been made years ago. But it is believed, nevertheless, that the story of the life of the law in the American States will not be completely told so long as there are records of decisions of the highest court of the chief English Colony, preserved only in MS. form, inaccessible to
iv
PREFACE
the profession and to the intelligent general reader, and liable at any time to be destroyed by some mis- chance, and then, of course, beyond the possibility of publication.
These decisions now printed for the first time are not offered for their mere usefulness. To a large extent they will serve that purpose, as the fountains feed the streams; but the reason that they should be published and put in the hands of the general reader, and of students and practitioners of the law, is chiefly that they are the mirror of the events of by far the most interesting period of our American life. These are therefore not merely decided cases to be used as dull precedents with which to win causes. That is their minor function. Their chief use here is the picture they give of the colonial period in all its shades and aspects, and that they make the observer see what the more detailed narrative of history fails to tell, of those brooding times of the States.
Moreover, the publisher has not been content to reproduce simply a statement of the cases, the argu- ments of counsel, and the decisions of the courts, recorded in these manuscripts near one hundred and eighty years ago. Printed by themselves they do not seem to appeal sufficiently to the imagination to be pre- sented fully in the light in which they should be viewed. For that reason the rather unique, or possibly unconven-
.
V
PREFACE
tional, method is put on trial, of accompanying the report of these cases with a perspective sketch of the contem- poraneous conditions during the times of the decisions, with some account of the writers of them, and of the lawyers who practised at the bar of the General Court in that day, with the hope of carrying the reader back to colonial times and conditions, and of thereby exciting his greater interest, and enabling him the more easily to absorb what might otherwise perhaps be too dry for intellectual digestion.
So the reports of these cases are offered in this his- torical setting for the pleasure of the reader, the con- templation of the student and the use of that class of the profession which is not satisfied to let its investiga- tions stop with the newest and freshest cases that drop day by day from the revolving wheels of the appellate courts.
It is therefore modestly hoped that this introduc- tion, which is of greater length than is usual with such publications, will stimulate some appetite for the heavier repast of the reports themselves; and that the graver practitioners of the law will not exclude this book from the companionship of the calf-bound occupants of their shelves, because they may find between its lids such frivolous things as the portrait of a great lawyer, dead near two hundred years ago, and some historical sketches of people and events, in
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PREFACE
lighter vein than usually accompany such dry pro- ductions as reports of decided cases.
My acknowledgments are due to Mr. W. W. Scott, Librarian of the Virginia State Law Library, for much valuable aid, and to Mr. W. G. Stanard, Secretary of the Virginia Historical Society, the other officials of that Society, the officials of the Virginia State Library and the Library of Congress, and to Dr. L. G. Tyler, President of William and Mary College, and the Rev. W. A. R. Goodwin of Williamsburg, Virginia, for many acts of courtesy.
The copies for the printer, of the Randolph and Barradall MSS., were made in a beautiful hand by Mrs. Claudia Marshall Scott, with wonderful accuracy, de- ciphering the obscurities of the Randolph MS.
L
CONTENTS OF VOL. I
PORTRAIT OF SIR JOHN RANDOLPH Frontis piece
PREFACE. Pages
iii
GENERAL INDEX
xi
MANUSCRIPT PAGING OF CASES REPORTED :
By SIR JOHN RANDOLPH xxii
By EDWARD BARRADALL xxiii
TABLE OF NAMES IN INTRODUCTION XXV
INTRODUCTION 1-250
CHAPTER I. The Book 1-22
Time of reports and reporters-MSS. from which cases are taken- - Story of the MSS .- Search for the originals-Descriptions of the several copies-Jefferson's relations to the reports-Extracts from the MSS., made by him-Conway Robinson and Wm Green-Comparisons of hand writing-Condition of the MSS .- Motive for the Introduction.
CHAPTER II. The Land 23-42
Early voyages to the new continent -- The southward trend- Adventurers to the northward-Gilbert and Raleigh-Roanoke Island -- The lost colonists-The settlement on the James-John Smith, his enemies and friends-Smith in Massachusetts-Ex- plorers of the rivers-The beginning of Jamestown-The site as it is -- Charters and boundaries-The makers of maps-The Indian names of the rivers-The progress of settlements-The development of trade -- The early counties-Huts and man- sions-Across the mountains-Discoverers of the valley-The southwest and Trans-Alleghany-Races of the settlers-Mora- vian missionaries-Visitors to Jost Hite-Washington as a pioneer-The incident of the dead soldier-Speculation and litigation.
CHAPTER III. The People 43-56
Whites and others-The "poor gentlemen"-John Smith again- King James' folly-Indented servants-The first slaves-Free and slave population -- The cavaliers-Distinguished families -- Hugenots-Classes of people-Scotch-Irish-The mountaineers --- The "plain people"-Rev. Hugh Jones-Sketch of the colon- ists-Education-Social life-Religious antagonisms-Educa- tion and books -- The customs of the country -- Houses and furniture-Clothing and food -- Amusements -- The dresses of the ladies-Occupations of the people -- Agriculture and com- merce --. Tobacco and iron-Coinage -- The people at the capital.
viii
CONTENTS OF VOL. I
Pages 57-75
CHAPTER IV. The Government
Queen Bess and King James-A graphic description-James and the charter -- The early plan-The powers of the Council-The guaranty of freedom-End of the oligarchy-The advent of the governor -- The one man power-Changes for the better --- The first Assembly-The constitution of the legislature-New charters-The veto power-England the pattern-The London Company-The Assembly as a court-The Quarter Court-Trials before the Assembly-Appellate Jurisdiction-End of the Lon- don Company-The King and the Company-Rev. Nicholas Ferrar and the Company's books -- A copy of the books-The time of the Commonwealth-King Charles II-The loyalty of the people-Cromwell and the Burgesses-The governors of the eighteenth century -- Deputy Governors-The Governor and the Assembly-The Quarter and the General Court-The monthly and the county court-Commanders and commis- sioners-The passing of the county courts-Details as to the Assembly.
CHAPTER V. The Church 76-112
The Church of England-Early pastors -- The early churches- Improvements in them-The oldest tower-The church and social life-Gatherings at the country churches-The belles and the beaux-Fithian and his diary-The Carters of Nomini Hall-Sunday observances-A Sunday dinner-A contrast with New Jersey-The morals of the parsons-Dissent and the . church -- The Presbyterians -- The Scotch-Irish -- The tyranny of the church laws-Church and state-Mr. Fithian as a preacher -- His mission to the valley-Fithian's views of the people-Denominational differences-The preaching of Whit- field-The "New Lights" and the old-The passing of the old order ---- The church, at Williamsburg-The country churches- Removal of the capital to Williamsburg-A question of advow- sons-Governor Nicholson and the vestry -- An appeal to law- Commissary Blair-William and Mary College-The Governor's love affair-Commissary Blair as a fighter-The Quakers- Alexander Spotswood-Mrs. Spotswood-Her marriages and posterity-Spotswood crosses the mountain-Bishop Meade on the persecutions -- John Holloway-Just before the revolu- tion-The loyalty of the clergy -- Their morality-Several ac- counts-Varying standards.
CHAPTER VI. The City 113-136
Love for the country-Efforts to build cities-The influences against them-Jamestown as a city-Acts of Assembly to establish cities-Comparative populations of American towns Trade and commerce-Comparison of the colonies-Colonial cities -- Descriptions of Virginia towns-Industrial and commer- cial conditions-Rivers and roads-Manufactures-Tradesmen and mechanics-Iron making, wool and linen-Williamsburg
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---- .. ..
-------
ix
CONTENTS OF VOL. I
Pages
CHAPTER VI-Continued
the city -- the pale-The Middle Plantation -- The Capitol build- ing-The courts held there-Efforts to remove the capital -- The site of the Capitol-Raleigh Tavern-Social life at Williams- burg-George Washington-The vice-royal court-The theatre ---- Houses.
CHAPTER VII. Education 137-153
Sir Wm. Berkeley-Indians and servants-Tutors in families- Public schools-Old field schools-Law students-Educational conditions in Virginia and in New England-Private libraries --- The books read-Newspapers-The Virginia Gazette -- Marshall's and Jefferson's opinions of newspapers-William and Mary College -- Dr. Blair and the governors-Founding and growth of the College --- Burning and rebuilding-Distinguished students. CHAPTER VIII. The Law and the Lawyers 154-193
Despotic character of early laws-Concentration of functions in the General Assembly-Effect of the passing of the London Company-Gates, the first law-giver-Draco and Gates-The coming of Delaware-Severe penalties of the law-The reigns of Gates and Dale-Their justification-The judgment of Dale -- The Charter of 1619-The reign of law-The early courts-The laws and customs of England-Common law and equity-The effect of English statutes-Some legal opinions-Writ of habeas corpus-Forms of procedure-Entails and the law of descent- Forms of wills-Comparison of colonial and state legislation- Severity and intolerance-Subjects of legislation -- Publication of the laws-Abridgements for use-Revisals-Ecclesiasti- cal matters-Divorces-Churches and ministers-Vestries- "Quakers and other recusants."-Blue laws-Intolerance of dissent -- Church and state -- The early lawyers-Legislative prosecution -- Drastic laws-Character of the lawyers-Their unpopularity -- Prohibition and regulation of fees-Licenses- Vacillating character of the laws-Penalties and oaths-A con- servative conclusion-County court lawyers-The jurisdiction of the courts-Sketches of the reporters-Law students and their education-Examination for licenses-Pettifoggers and sharpers-Sketches of early lawyers-Randolph's sketches of Holloway and Hopkins-Contemporaries of Randolph and Barradall -- Attorney-Generals of Virginia-Barradall's kin- The Randolph lawyers-Gabriel Jones-Books used by the lawyers-The printing of the Acts-Collection of the laws- Text books and reports.
CHAPTER IX. The Courts 194-225 The monthly courts-Commanders and commissioners-Jus- tices of the Peace-Their appointment and election-History of the County Court-Its jurisdiction, practice, popularity and ending-Juries-Grand juries-Penalties for crime-Clerks of Courts and their elections-The old County Clerk-Character-
..
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x
CONTENTS OF VOL. I
Pages
CHAPTER IX .-- Continued.
istics of the County Court lawyers-A sketch by Dr. Page -- Character of Justices of the Peace-Sketch by Judge W. R. Staples -- Court day in Virginia-The end of the system-The general court-The councilors-Sessions of the court-Place of session-Number of members-Sketches of the councilors- Character of the councilors-Their appointment-Powers of the governor-Pay of the councilors-Procedure in the General Court-Pleadings-Loss of records of the court by fire-Entries preserved-Original and appellate jurisdiction-A criticism of the court-The effect of the absence of lawyers from the bench- Arguments of the lawyers-Hustings courts-Of Williamsburg and Norfolk-Jurisdiction-Courts of Oyer and Terminer-The case of Talbot-Court held on special commission-Regular terms-The council's jealousy-Conflict as to appointees to hold the court-Commissary Blair in the fight -- A compromise -- Court held by councilors-Juries and jurisdiction-Court of Vice-Admiralty-Holloway's resignation from-Trial of pirates -Date of this court -- The judges-Sessions-The pest of piracy. CHAPTER X. The Reporters and their Reports . 226-250 Dates of births and deaths of Randolph and Barradall-Early deaths -- Prevalence of such, and of frequent remarriages -- Ancestry of Randolph-Brothers and sisters-Father and mother -Father's distinguished posterity -- Sketch of Wm. Randolph of Turkey Island-Education of Sir John Randolph-Legal studies-Home-Marriage -- Children -- Offices held-Knighted- Ability as a lawyer-Obituary notice-Tablet and inscription --- Place of burial -- A sketch of his reports-His professional oppo- vents -- Comparison with Barradall-Some account of cases reported by him-Technical questions before the General Court-Barradall's parentage-Brothers and sisters-Tomb- stone-Inscription-A translation-Vestryman-Offices held by --- Marriage-Death of wife -- His arguments-Compared with Randolph -- Cases reported by-Precedents used by lawyers --- Motive for reporting.
REPORTS OF SIR JOHN RANDOLPH R1-R114 FORTY-ONE DECISIONS OF THE GENERAL COURT BETWEEN 1728 AND 1732.
TABLE OF CASES REPORTED BY SIR JOHN RANDOLPH R115
CONTENTS OF VOL. II
REPORTS OF EDWARD BARRADALL B1-B383
NINETY-NINE DECISIONS OF THE GENERAL COURT BETWEEN 1733 AND 1741.
TABLE OF CASES REPORTED BY EDWARD BARRADALL B385
GENERAL INDEX
ABBREVIATIONS: Figures with "R" stand for paging of Randolph's Reports; figures with "B" stand for paging of Barradall's Reports, Vol. II; figures without a letter stand for paging of the Introduction.
ABATEMENT: plea of infancy, R42.
ACCOUNT: action for, B37; bill for, B34; defendant married to executrix, against, B66; interest not allowed on running, B7, B9, B10, B17, B29; planter and factor, B5; referee appointed in action B37.
ACT OF ASSEMBLY: construction, R42.
ACTIONS: Time within which must be commenced, B372. See Pleadings.
ADVOWSON: right of presentation and induction, B2.
AGRICULTURE: chief business, 55; products of, 54; stock raised, 54; wheat exported, 54.
ALEXANDRIA: early description of, 118; tobacco warehouse at, 118. APPALACHIAN MOUNTAINS: Byrd's proposal to cross, 36; the crossing of, 36; description of, 35, 38; Smith seeks, 31, 35; Spots- wood crosses, 35.
APPEAL: County Court to, 177; general assembly to, 64; general court to, 177; jurisdiction for, B34; London Company to, 64; Privy council to, 64.
ARGUMENT: substance of cases reported, 193; rearguments refused, B43; reports of, in cases, 236, 237.
ASSAULT: compensation no defence, B39; indictment for, B39.
ASSUMPSIT: declaration in, R54; indebitaius assumpsit, B52; issue in, R54.
AUGUSTA COUNTY: Moravian Missionaries visit, 38; Scotch-Irish in, 36, 46; early account of Staunton, 38.
BACON, NATHANIEL: rebellion, 29.
BARRADALL, EDWARD: arguments, 248; arms, 245; birth, 2, 244; brothers, 244; cases reported, 1, 4, 12, 248; childless, 243; death, 2, 226; epitaph, 2, 245; family, 246; Fairfax's agent, 15; marriage, 247; mother, 244; offices held 124, 245, 247; opinion by, B31; parentage, 244; pew in church, 93, 247; Randolph, compared with, 248; reports of, 2, 5, 12, 248; sisters, 244, 249, sketch of, 2, 243; tomb, 244; vestryman, 92, 243, 247; wife, 244, 245. BERKELEY, ROBERT: library, 142.
BERKELEY. SIR WM .: education, on, 137; governor, 68; Green Spring home, 69; newspapers, 137; printing, 137; resigns as gov- ernor, 69.
BLAIR, REV. JAMES: burial, 153; character, 99; commissary, 99; controversies, 99; 150; councilor, 210; death, 153; immigration, 99; Nicholas, Govr., and, 151; pugnacity, 99, 150; Scotchman, 98; William and Mary College and, 98, 148, 149; Whitfield and, 88. BLAIR, JOHN: Judge, 187; sketch, 187; son of Commissary, 187. BOND: deputy sheriff's, action on, B87; penalty, on, B185.
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xii
GENERAL INDEX
BYRD, WM .: age, 210; death, 210; home, 210; library, 144; mines trip to, 103; mountains to cross, 15, 36; sketch, 210; Spotswood and, 103; writings, 36, 103.
CABOT, JOHN: expeditions, 24.
CARR, DABNEY: library, 141.
CARTER, JOHN: books, 141; will, 141.
CARTER, ROBERT, 1st: books, 2, 141; education, 141; "King," 210; sketch, 210.
CARTER, ROBERT, 2nd: councilor, 212; governor, 212; sketch, 212. CARTER, ROBERT, 3rd: councilor, 212; education, 140; family, 80; father, 212; Fithian's diary, 80; grandfather, 212; library, 140; Nomini Hall, 80; scholarship, 140; wife, 141.
CARTIER, JACQUES: expeditions, 24.
CASE: actionable words, R9; escape, for, B185; trespass, R70.
CASES: Barradall's, 1, 4, 13, 248, B1 to B383; councilors deciding, 210; dates, 1, 237; General Court and, 1; Hopkins', 1, 12; Jefferson's, 1; number of, 1, 10; numbers, 13; Randolph's, reported, 1, 12, 236, R1 to R114; samples, 238; synopses, 4, 236.
CHAMPLAIN, SAMUEL DE: voyages, 24, 28.
CHARTER: church provision, 76; crimes, 58; duration, 59; earlier, 28; governor provided, 59; James, King, 57; juries, 58; liberty under, 59; legislature under, 60; money, 58; provisions, 58; punish- ments, 58, 59; representative government, 62; religion, 58; super- vision, 59; taxation, 58.
CHATTEL: remainder interest in, R36, 87; limited use of, R22; slaves as, R39.
CHURCH: advowsons, 93; attendance, 79, 168; Bruton, 91; building, 78; commonwealth, during, 168; controlled by legislature, 167; condition after revolution, 111; charter provision, 76; clergymen, 76, 82; description, 80; disestablishment, 110; dissent, 83, 169.
CITY: act establishing, 114, 115; building act, 114; commerce, 117; conditions affecting, 117; early towns, 117; encouragement, 113; 114; failure of, 115; forced by law, 114; Jamestown, 114; King's wishes, 114; nature's opposition,' 116; planter's opposition, 114, 117; prices and penalties, 115; trade affecting, 117.
CLAYTON, JOHN: ancestry, 185; education, 185; offices, 185.
CLERGYMEN: advowsons, 93, B2; character, 82; commonwealth' during, 168; early ministers, 76, 82; education, 168; laws about, 168; loyalty, 105; morals, 10S; Nicholas, Govr., 100; Presbyterian, 106; salaries paid in tobacco, 39; salaries, to be levied for, B29; Whitfield, 89.
COCKE, WM .: sketch, 210.
COLUMBUS, CHRISTOPHER: birds, 23; discoveries, 23.
COMMANDERS OF PLANTATIONS: justices, 73; courts, 72.
COMMERCE: early, 54; imports and exports, 119, 120; products, 54; prior to 1800, 117; tradesmen, 119; wheat exported, 54.
COMMON LAW: formal adoption in Virginia, 162; previously pre- vailed, 162; principles of and of equity followed, 159.
CONDITIONS: estate on, R20, 65, 84, BS1; contingent fee, B195; distinctions as to future events, R104.
CORTES, HERNANDO: expedition, 24.
COUNCILORS: appointment, 212; commonwealth time, 213; court, 208; governors and, 212, 213; pay, 214; privileges, 214; sketches, 210.
xiii
GENERAL INDEX
COUNTIES: courts in, 71, 72; establishments, 72; Hundreds, 72; map, 34; named, 70; shires, 72.
COUNTY CLERKS: appointment, 200; character, 201; importance, 201.
COUNTY COURTS: abolition, 73; appeals, 177; charter, 73, 196; clerks, 200; common law, 198; constitution, 195; court-day, 205; crimes, 197; end of, 207; divorce, 168; established, 72; Eng- lish counterpart, 197; equity, 198; fiscal feature, 73, 197; infor- mality, 199; information against for not keeping sufficient prison, B37; juries, 109, 197, 199; jurisdiction, 197, 198; justices, 195, 196, 197, 205; lawyers, 176, 201, 202; members, 196; monthly, 71, 72, 194, 197; named, 72; origin, 194; penalties, 200; president, 199; popularity, 73; quarterly, 197; sessions, 197, subsidence, 207.
COUNTY SYSTEM: acts of assembly, 63; buildings, 125; commanders, 72, 194; county, 72, 194, 196; division, 159, 194; English laws, 159; general, 71, 125, 208; General Assembly, 13, 63; Hustings, 219, jurisdiction, 197, 208, 217, 219; justices, 159, 195; lawyers, 171, 218; martial law, 125; monthly, 71, 72; Oyer and Terminer, 125; 219; sessions, 125; Quarter, 71; Vice-Admiralty, 219.
COVENANT: action of, R57.
COVERTURE: savings of statute of limitations, R10.
COXE, BRINTON: MS. presented, 7.
CRIMES: charter, 58; courts to punish, 159, 200; jurisdiction of
General Assembly, 63; Oyer and Terminer court, 221; penalties, 58; 157, 200, 217; rape, 200; pardon, 59; pirates, 222, 223.
CUSTIS, JOHN: sketch, 211.
CUSTOMS: amusements, 49, 51, 53; currency, 53; duty on slaves sold, B38; duty on tobacco, B25; hospitality, 50; intolerance, 84; paternalism, 56; persecution, 84.
DAMAGES: indebitatus assumpsit, in, B52; writ of enquiry for, R78. DANDRIDGE, WM .: sketch, 212.
DARE, VIRGINIA: disappearance, 25; parentage, 25
DAVIES, REV. SAMUEL: cane and wig, 110; pastor "Timber Ridge' church, 110.
DEBT: action on bond, R56; arbitration bond, on, B129; another, action for, B39, 136; bond with condition on, B55; escape for, B64; personalty first liable, R83; personal representatives, B239; refusing an office for, B40; usurious interest, action for, B201.
DECLARATION: assumpsit, R54; consideration in, R76; deceit, in action for, R7.
DEED: acknowledgment, R51, 111; after acquired property, B78; infant by, R77; married woman, by, B93, 180; voluntary, R59; will compared with, R95.
DEMURRER: bill, to, B40.
DEMURRER TO EVIDENCE: joinder in, compelled, B43.
DESCENT and DISTRIBUTION: half bloods, between, B31; lands, 58; law of, B31: slaves and personalty, B31.
DE SOTO, JUAN: expedition, 24.
DETINUE: Chest of medicines, B43; increase of slaves, R35, B71; remainder in slaves, B52, B56.
DIGGS, COLE: sketch, 211.
DISABILITIES: infancy, R10; coverture, R10, 33.
.
xiv
GENERAL INDEX
DISCOVERERS: birds, 23; Columbus, 23; Cortes, 24; Cabot, 24; Cartier, 24; Champlain, 24; DeSoto, 24; Gilbert, 24; Grenville, 24; Hudson, 24; Ponce de Leon, 24; Vespucius, 24; early voyages, 24; northern voyages, 24; Pizarro, 24; southern track, 24.
DISSENTERS: churchmen and, 89; persecutions, 83; Presbyterians, 83; spread, 83, 89.
DIVORCE: absolute, none, 168; a mensa et thoro, 168; General and County Courts granted, 168; marriages annulled, 168.
DOWER: devise in lieu of, B67.
DRAKE, SIR FRANCIS: voyages, 25.
DUNMORE, LORD: dissolves the Burgesses, 129; governor, 129; Raleigh tavern protest, 129.
EDUCATION: apprentices, 138; books, 141, 144; Berkeley on, 137; negroes, 128; college, 137; field schools, 138; gifts made for, B363; Indians, 137; Jones' account, 49; lawyers, 139; libraries 140, 144; newspapers, 137; public schools, 138; tutors, 138; sons to England, 139.
EJECTMENT: accretions, for, B117; limitations to action, R10, 52; special verdict in R15; term expired, rights, B60; will construed in, R55.
ELIZABETH, QUEEN: death, 57; Gilbert and, 24; Virginia named, 25.
EQUITY: jurisdiction, R63; specific performance, R46; statute of limitations, R63; marriage bond in suit on, R58.
ESTATE: conditional, R20, 36, 65, 84; Contingent fee, B195, 320; entailed, R40, 49, 93; joint tenants, R30; life or fee, R17, 37, 42; limitations over, B251; remainder, R40, 69; repugnancy, R66; sur- vivorship, R32; tail, B111, B85, B150, 304, 310; tenants in common, R33, 34.
EVIDENCE: affidavit rejected, B81; bastardy rule as to, B161; in- competency of interested party, B51; seating of land, proof, B45. EXECUTOR: devastavit by, B239.
FAIRFAX, THOMAS LORD: Barradall agent, 15; books, 144; letter, 15; surveys, 39; Washington and, 39.
FAIRFAX, SIR WM .: Letter, 15.
FELONY: Estray stolen not, B92; indictment for, B90.
FITHIAN, PHILIP VICKERS: Tutor for Carters, 80, 140; Carter library, 140; diary, 80, 181; opinions of people, 87; Sunday ob- servance, 81; preaches in the valley, 87; social life described by, 80; visits Winchester, 87.
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