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 3
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Ivey v. Fitzgerald 176
Jameson v. Vawter 49
Jennings & ux v. Willis 40
Brock v. Lyne 104
xxiv
MANUSCRIPT PAGING OF CASES
Page
Page
Scarburg & ux v. Barbor's Exor.274
Tazewell & ux v. Harmanson 136
Senior v. Morris 120
Timson v. Robertson 79
Slaughter v. Whitlocke 358,237
Timson v. Scarbury & ux 130
Smith v. Smith 297
Tucker &c. v. Tuckers Exors. 94
Smither v. Smither
121
Tute v. Freeman
50
Spicer, admx. of Stone v. Pope & al 216
Vass v. Phillips
Stith v. Soane & al
35
Stretton v. Martin
53
Waddil v. Chamberlayne 43
Webb v. Elligood 76
Taylor v. Graves
55
Winston & ux v. Henry & ux 199
-
TABLE OF NAMES IN INTRODUCTION
Page
Page
Addison, Joseph
140
Amblers, The 246
Anne, Queen
95
Carter, Anne Hill 227
Carter, Ben.
80, 81
Carter, John
141, 210
Carter, Robert, 80, 81, 88, 110, 140,
141, 210, 212
Barnes, Joseph
33
Barradall, Edward, 1, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 17, 18, 19,
20, 41, 92, 93, 98, 99, 124, 142,
177, 178, 179, 180, 184, 187, 192,
193, 210, 211, 212, 226, 229, 236, 243, 244, 246, 247, 248
Barradall, Mrs. Edward 180, 247
Barradall, Blumfield 244
Barradall, Catherine B. 244
Barradall, Elizabeth 244
Charles, King
45, 67, 68
Barradall, Frances 244
Barradall, Henry 186, 244, 246
Bassett, John Spencer 36, 103, 210
Benger, Elliott 103
Berkeley, Sir Wm. 47, 68, 69, 83, 137, 138, 210
Bertrands, The 45
228, 235
Beverly, Susanna 228, 235
Beverly, Wm. 191
Blair, James Rev. 89, 98, 99, 100,
101, 103, 104, 148, 149, 150, 151, 152, 153, 210, 213, 218, 222
Bland, Richard
Botetourt, Norbourne Berkeley,
Dabnys, The 45
Dale, Sir Thomas, 78, 113, 157, 158
Dandridge, John 212
Dandridge, Wm. 212
Dare, Virginia 25
Davies, Samuel Rev. 110
Dawson, Prof. 229
Dean, Charles 26
Delaware, Sir Thomas West, 77, 155, 156, 157
24
Diggs, Edward 211
Diggs, Cole 211
Dinwiddie, Robert, Gov'r 70
Drake, Sir Francis
25
Dryden, John
140
Burwell, Lewis
100
Burwell, Martha
100
70, 152, 210
Byrd, Wm. 15, 36, 66, 103, 113, 144. 210, 211, 212, 218, 222
3
Bruce, P. A. 44, 72
Brvant Wm. Cullen
26
Bryant, J Stewart 167
Bucke, Rev. Mr. 76
Burnet. Gilbert
142
Drysdale, Hugh, Gov'r,
Dunmore, John Murray, Earle, 70, 129, 1SS
185
Clayton, John
182, 185, 211, 247
Conrad, Holmes 197
Corbin, Alice 211
Corbin, Ann 211
Crittenden, John J. 153
Cromwell, Oliver 67,69
Cromwell, Richard 69
Cunningham, Mr. 81
Curry, J. I .. M. 117
Custis, John 211
Blair, John
127, 128, 187, 212
227
Gov'r. 70, 71, 109, 142
Bowdoins, The 45
Bowyer, Sir Wm. 185
Braddock, Edward, Gen'l. 132
Brayne Ann Butler 102
Brayne, Richard 102
Brayne "Thecky" 103
Brock, R. A. 6, 67, 102
Brown, Alexander 50
Brown, Edward S.
Cabot, John 24
Carr, Dabney -129,141
Andros, Edmund Gov'r 224
Bacon, Nathaniel 29, 68, 78, 122,
246
Carter, Mrs. Robert, 81, 88, 110,141 Carter, Robert ("King"), 210, 211, 218
Carter, Robert (Son of "King"), 212
Carter, Nancy 80
Carter, Prissy 80
Cartier, Jacques 24
Carys, The 45
Chamberlayne, C. G.
46
Champlain, Samuel de 24, 28
Chitwood, Oliver P.
171, 212, 217
Clark, Sterling 186
Clayton, Sir Jasper 185
Clayton, Sir John
Beverly, Peter
De Soto, Juan
xxvi
TABLE OF NAMES
Elizabeth, Queen
Page 24,57
Fairfax, Thomas, Lord, 15, 144
Fairfax, Sir Wm. 15
Fauntleroy, Mr. 110
Fauntleroy, Mrs. 110
Fauquier, Francis, Gov'r
70
Ferrar, Sir Nicholas 66
Fiske, John, 46, 66, 84, 113, 138,
139, 143, 144, 170, 221, 224
Fithian, Philip Vickers, 80, 82, 86, 88, 118, 138, 140, 210, 212
Fitzhugh, Wm., 141, 142, 160, 179, 186, 245, 246, 248
Fitzhugh, Henry 180
Fitzhugh, Sarah 247
Fitzwilliams, Richard 212
Fontaines, The 45
Fuance, Rev. Mr. 100
Fuller, Rev. Thomas 27
Gates, Sir Thomas
155, 156, 157
George III, King 71, 109
Gilbert, Sir Humphrey 24, 25
Gooch, Sir Wm. 70, 152, 210 Goodwin, Rev. W. A. R., 15, 91, 105 Gosnold, Bartholomew 26
Grace, Rev. Isaac 93, 94, 95
Graham, Rev. J. R. 36, 85, 106
Green, Wm., 3, 4, 5, 7, 8, 17, 19, 20 Green, Rev. Enoch 140
Grenville, Sir Richard 25
Grigsby, Hugh Blair
189
Grymes, John 212
Grymes, Lucy
211, 227
Grymes, Mary Randolph
228
Grymes, Philip 228
Gwyn, David 211
Harrison, Benjamin 211
Harrison, Edward 211
Harrison, Nathaniel
211, 218 57
Henry VIII, King
Henry, John 142
Henry, Patrick 128, 129, 187
Henry, Wm. Wirt 26, 27
Hite, Jost
38, 39, 40, 41
Holloway, John, 104, 180, 181, 182, 183, 184, 211, 223
Hoole, Wm.
33
Hopkins, Wm., 1, 8, 12, 17, 19, 20 180, 182, 183, 184, 242
Houghton, John 188
Howard, Henry Sydney 26
Howe, Henry 48
Hudson, Henry 24
Hunt, Rev. Robert 76, 77
Hunter, Wm. 146
Isham, Henry Isham, Mary 227, 234
Jackson, Stonewall 85
James, King, 28, 44, 57, 67, 68, 160, 214
Jeffreys, Herbert
122
Jefferson, Peter 227
Jefferson, Thomas, 1, 4, 6, 8, 9, 12, 14, 15, 16, 19, 66, 86, 128, 130, 131, 146, 147, 153, 184, 189, 190 227
Jefferson, Mary
187
Jefferson, Martha 187
Jennings, Mr. 81
Joetts, The 45
Johnson, Chapman 20
Jones, Gabriel
132, 139, 188
Jones, Rev. Hugh, 41, 47, 50, 124, 125, 126, 133, 135, 138
Jones, Sir Wm.
160, 185
Keith, Rev. James
227
Keith, Mary Isham Randolph, 227
Lane, Mr. 81
Lederer, John
36
Lees, The 45
Lee, George 81
Lee, Henry 227
Lee Henry, Gen'l 227, 246
Lee, Philip Lightfoot 211
Lee, Richard Henry 211
Lee, Robert E., Gen'1, 45, 85, 211,
227
Lee, Mrs. Robert E. 180
Lee, Thomas 211
Leigh, Benjamin Watkins 207
Lewis, John 210
Lightfoot Philip 211
Locke, John
140, 141
Lodge, Henry Cabot, 26, 106, 107.
113, 139, 179
Loudoun John Campbell Farle, 70 Ludwell, Philip, 93, 95, 97, 165, 210, 211, 218
Lundsfords, The
45
Madison, James
45
Marshall, John, 45, 111, 130, 147, 153, 207, 227
Marshall, Mary Isham Randolph,
227
Marshall Thomas
227
Maryes, The
45
Mary, Queen
57
Page
227
TABLE OF NAMES
xxvii
Page
Mason, George
9,45
Maurys, The
45
McGuire, F. H.
209
Meade, Rt. Rev. Wm., 99, 107, 112,
243, 244, 245, 246
Miller, Elmer J.
34, 74
Minor, John B.
171
Moncures, The
45
Monroe, James
45, 153
Montezuma
24
Morris, Edward 148
Muhlenberg, John Peter Gabriel, Gen'1 109
Myers, H. H. B.
10
Needler, Benjamin
186, 187
Neile, Edward D. 26
Nelson, Thomas 129
Newport, Christopher, 26, 28, 30, 44
Nicholas, Philip Cary 3,6
Nicholson, Francis, Gov'r, 70, 93,
99. 103, 122, 149, 151, 199, 210
Northey, Sir Edward 94, 185
Nott, Edward, Gov'r 70, 133
Sandys, Sir Edwin 60
Scott, W. W.
2, 4, 103
Scott, Winfield, Gen'1 153
Seldon, John 143
Shakespeare, Wm. 141
187
Smith, Arthur 143
Smith, John (Councilor) 210
Smith, John, Capt., 26, 27, 28, 30, 31, 32, 33, 43, 44, 72, 77
Southampton, Earle of
66
Spotswood, Alexander, Gov'r, 35, 36, 37, 39, 70, 101, 103, 104, 134, 153, 182, 210, 221, 222, 223 Spotswood, Mrs. Alexander, 35, 36, 37, 39, 70, 101
Stanard, W. G.
244
Staples, W. R. 72, 201, 204
Sterne, Lawrence 141
Stith, Rev. Wm. 66, 229
Tayloe, John
211
Thomas, R. S.
30, 78, 107, 108
Thompson, Rev. John 39, 102, 103
Thompson, S. 180
Turberville, George 81
Tyler, Lyon Gardner, 29, 34, 130, 135, 149, 153
Randolph, Elizabeth 227
Randolph, George 5
Randolph, Henry
227
Randolph, Isham 227
Randolph, Jane
Randolph, John (of Roanoke), 207, 226
Page Randolph, John, 8, 9, 184, 188, 190, 228
Randolph, Sir John, 1, 2, 4, 5, 7, 8, 9, 13, 14, 15, 16, 17, 18, 19, 20, 41, 92, 93, 98, 99, 124, 139, 177, 178, 179, 180, 181, 182, 184, 187, 190, 192, 193, 210, 211, 212, 223, 226, 228, 229, 230 233, 234, 235, 236, 237; 243, 248
Randolph, Mary
227
Randolph, Peyton, 9, 66, 139, 188, 190, 228
Randolph, Thomas
186, 227
Randolph, Sir Thomas 220
Randolph, Wm. 212, 227, 234
Reeve, Thomas 186
Rind, Wm. 146
Robinson, Conway, 2, 5, 6, 12, 14, 19, 24, 66, 216
Robinson, Wm.
212
Rochfoucauld 118
Royle, Joseph 146
Orkney, Earle of
101
Page, John 95, 180, 190, 211
Page, Judith Carter 211
Page, Mann 211
Page, Mathew 190, 211
Page, Thomas Nelson
202
Palmer, John
186
Parke, Daniel 211
Parks, Wm. 145, 146
Pendleton, Edmund
9, 129, 187
Pinkney, John 147
Pizarro, José Alfonso 20
Pocahontas 26, 27
Pole, Godfrey
189
Ponce de Leon, Joan
24
Porteus, Robert 211
Powhatan, King
33
Raleigh, Sir Walter, 24, 25, 131
Randolphs, The 9, 45, 226
Randolph, Beverly 228
Randolph, Edward 227
Randolph, Edmund 153
Vespucius, Americus
24
Waddel, Rev. James
110
Waddell, J. A.
38
Skelton, Bathurst
1
xxviii
TABLE OF NAMES
Page
Page
Washington, Geo., Gen'1, 40, 41,
131, 138, 246
Washington, Mrs. Geo., 132, 211, 212
Wayland, J. A. 36
Wayles, John 187
Wheatley, Rev. Solomon, 93, 94,
95, 96, 97, 152
White, John 25
Whitacker, Rev. Alexander 76, 78
Whitfield, Rev. George 88
Wickham, Rev. Mr. 76
William, King 123
Wise, Henry A. 29
Wren, Sir Christopher 150
Wythe, Geo., Chancellor, 5, 9, 111, 130, 153, 180, 187
Yeardeley, Sir George 60, 63, 158 Yeo, George 143
Young, Edward 140
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INTRODUCTION
CHAPTER I THE BOOK
The cases printed in this book were reported by Sir John Randolph and Edward Barradall, and were all decided by the General Court of the Colony of Virginia between 1728 and 1743; this Court, after the General Assembly ceased to exercise judicial functions, being the highest court in the Colony.
Although all the cases reported were decided between 1728 and 1743, there are prefixed to those reported by Barradall, some opinions of the Attorney Generals of the Colony and of other persons, which are of a much earlier date, and one opinion of Barradall him- self, dated as late as March 29, 1741. With these opinions, which preface the decisions reported by Barradall, is also an opinion by Sir John Randolph.
The cases reported by Edward Barradall are of dates between April, 1733, and October, 1741. Those reported by Sir John Randolph are between the dates of October, 1728, and October, 1732.
Formerly, there was also a manuscript report of cases by William Hopkins, between the dates of October, 1731, and April, 1733, but, as will be seen later, all of this original manuscript except a fragment, 1 four pages of one case, has disappeared, although one case - that of Custis :. Fitzhugh, of less than four printed lines - has been preserved in the reports of Jefferson.
'This fragment is said but is not known to be in Mr. Hopkins' handwriting the Barradall-Randolph manuscripts, owned by the Library of Congress, 're are also " abridgments," a few lines each of seventeen cases, said to have
: " taken from a notebook of William Hopkins. They were not regarded as of scient interest to be included in this publication.
2
VIRGINIA COLONIAL DECISIONS
In the tenth chapter of this introduction some further reference will be made to these reported cases and brief sketches - although I believe all that is known of them - given of the reporters themselves. Of these it is only necessary to say here, as fixing the period of colonial life with which they are associated, that Sir John Randolph was born in 1693 and died March 9, 1737, in his forty-fourth year; and that Edward Barradall was born in 1704 and died on the 19th day of June, 1743,1 aged thirty-nine years.
Barradall's work as a reporter was done between his twenty-ninth and thirty-ninth years, and that of Randolph between the thirty-fifth and forty-fourth years of his age.
All of the cases of Barradall here printed are taken from a manuscript once owned by Mr. Conway Robin- son, and now the property of and preserved in the State Law Library at Richmond, Virginia. All of the cases here printed, as reported by Randolph, are copied from a manuscript in the possession and ownership of the Vir- ginia Historical Society. The copies for the printer were under the direction and supervision of Mr. W. W. Scott, Librarian of the Virginia State Law Library, and their accuracy and completeness, except in a few instances of illegible obscurity, and the obliteration of the ink marks by the time-worn condition of the paper, are certified to by him.2
The manuscript from which the Barradall cases were copied is in several handwritings, but none of it is in that of Barradall. This copy was presented to the State Law Library by Mr. Conway Robinson, the eminent lawyer and author. At the time of its
'The date was translated from the epitaph on his tombstone according to the. present method of reckoning time.
"Some entirely illegible portions, as appear by notes to the cases in this book, were supplied from the reports of the same cases in the manuscript of the Library of Congress.
3
THE BOOK
presentation, however, it did not contain all the cases which are now in the copy. While Mr. Philip Cary Nicholas was the Librarian, copies were made by him of such cases of Barradall's as were lacking, from the manuscript copy owned by Mr. William Green.
We are told1 that when Mr. Nicholas made these copies, the pages inserted by him were slightly stained so as to make them conform to the age-colored tints of the other pages. There was no concealment or deceit intended by this, but merely the attainment of uniformity in the appearance of the pages, and the whole manuscript, which up to that time seems to have been in loose sheets, was securely bound in sheep, the pages being of folio size,
This manuscript copy is thus quite well preserved, but the copyist from the original did not always write out the cases on continuous pages, and some mistakes were made, for which, evidently, Barradall was not to blame. These pages, thus out of place, have been inserted in proper and continuous order in the book, but no other changes have been made, and the original manuscript paging has been preserved.2 But the pages, which would have been properly numbered 233, 234, 235, and 236, if the reported cases had been originally properly copied in their sequence and order, do not now exist, and manuscript pages 357, 358, 359, and 360, which do give reports of the cases according to their correct context, have been inserted in their places.
These errors were not the fault of one copyist alone, for from the differences of handwriting it is evident that there were several scribes who toiled over this dull work. The copy, however, furnished to the printer is beautiful and legible
'By the reliable and efficient colored assistant to the librarian, Edward S. Brown, who for so many years has been connected with the State Law Library. "Shown in brackets in this publication.
4
VIRGINIA COLONIAL DECISIONS
enough to have suggested the desire for its being lithographed instead of merely put in type, had such a plan been at all practicable.
Throughout this Robinson copy of the manuscript Mr. William Green has, in his characteristic hand- writing, made many marginal notes, and these have been preserved and printed with the text, being, however, plainly indicated so as not to be confused with the work of Barradall. The same is true of the few explanatory notes made by Mr. Scott. And all that is said here in this respect about the Barradall cases, is true, also, of the notes to the cases reported by Sir John Randolph.
The cases reported by Randolph, and printed here, are copied from a manuscript owned by the Virginia Historical Society, and supposed to be the original manuscript of either Barradall or Randolph, but of which one, or if even of either, it is hard to speak with certainty, as will presently be explained.
Twenty-six of these cases as reported by Barradall and four of those reported by Randolph were copied by Mr. Jefferson from the originals, and, as first printed, are contained in a little pasteboard bound book, the cases having no synopses or notes. Synopses and notes have been added in later editions, and while useful and desirable, are not the work of Randolph, of Barradall or of Jefferson.
Both the editor and the publisher of this printed edition of these reports think they would be objects of greater interest and serve an equally useful purpose if printed just as they are in manuscript; but to lessen the labors of the student or reader an in- dex and table of names are given which furnish the name and a brief statement of the subject of each of the cases.
---
1
5
THE BOOK
It was, of course, most desirable to know the history of this Robinson copy of the original manuscript, from which copy this edition is printed, as this might have led to the identity of the original, but, beyond the certainty that it was owned and presented to the State Law Library by Mr. Robinson, nothing is known of its origin.
Mr. Green's notes and references to this manuscript in his own copy, and the contemporaneous recogni- tion and use of it by such men as Conway Robinson and William Green are, to all who knew them, certi- ficates enough of their authenticity; and the genuine- ness of the cases here contained is further verified by comparison with the same cases contained in the other manuscripts presently to be described.
A letter addressed by Mr. Robinson to this writer, and written for insertion in the preface of a work1 of which he is the author, in giving a list of the then existing Virginia Reports gives " Barradall Reports " as the earliest.2
In his preface to " Robinson's Practice," published in 1832, the author says: " All the judicial decisions of the State which have been published, or which exist in manuscript to which I could have access, have been carefully perused, and notes taken of such matters as illustrate the practice of our courts.
The publisher3 of the edition of 1852 of Wythe's Reports, in the forepart, speaks of " Barradall's Reports, now in manuscript, but which the publisher hopes ere long to lay in type before the public."+ This was never done, however, and this writer does not recall any other reference to the Barradall or Randolph
'Barton's Law Practice, 1st edition.
2He does not mention Randolph's manuscript.
3George Randolph. Richmond, Virginia.
4Neither does he refer to the Randolph manuscript.
6
VIRGINIA COLONIAL DECISIONS
manuscript cases in any Virginia or other law book, except where some of the same cases are reported by Mr. Jefferson and are referred to as " Jeff R." Be- sides the Robinson copy of Barradall cases there is in existence another copy with no more claim than the Robinson manuscript to being an original. That copy was owned by Mr. William Green, and, while its former history is as obscure as that of the Robinson copy, its authenticity is equally as well established.
It was by a comparison with and copying from Mr. Green's copy that Mr. Nicholas, the librarian, com- pleted the Robinson copy and made the two sub- stantially identical.
After the death of Mr. William Green, a catalogue of his valuable library was prepared by Dr. R. A. Brock, who was not only well acquainted with most books of every sort, but was especially familiar with those owned by Mr. Green. This catalogue was issued as an advertisement of the sale of this library, and in it this is said of the Barradall manuscript:1
" No. 2322-3/4.
Manuscript Reports of the General Court of Virginia from April, 1733, to October, 1741, taken by Edward Barradall, Esquire, late Attorney-General there. Anno- tated by Judge William Green. Folio. Newly bound in calf."
Then comes this note by Dr. Brock: " It may be of interest to remark that another manuscript copy of Barradall's Reports, differing somewhat as to the cases reported in them, and supplementing it, is in the possession of Conway Robinson, Esquire, Washington, D. C. There is also among the collections of the
1Green Catalogue, page 199.
٠:
7
THE BOOK
Virginia Historical Society, a manuscript copy of the cases decided in the General Court of Virginia from the period October, 1728, to October, 1741, reported by and in the autograph of Sir John Randolph, Attorney- General for the Colony, which is not only additional as to the cases, but also in their details."
At the sale of Mr. Green's library his manuscript was bought by some person, whose name was not taken, for the sum of twenty-five dollars. For some months after this scheme of publishing these reports had been determined upon, diligent search was made for the owners of this manuscript, and it was at last found in the possession of Harvard College Law Library. It was a gift from the purchaser, Brinton Coxe of Phila- delphia.
The manuscript is described as a very handsomely written folio, bound and inscribed " Barradall's Re- ports." It begins page 1 with this announcement:
" Cases Adjudged in the General Court of Virginia from April, 1733, to October, 1741, taken by Edward Barradall, Esquire."
There are two hundred and sixty-three folio pages, containing three hundred and thirty-three starred pages, which prove the copy to be from some original or other copy; with many notes and comments by Mr. William Green, in his own handwriting. There is also a final note by Mr. Green, of two pages, which reads as follows:
" Finis (of Barradall's Reports) in C. R's1 copy as well as in this later2 one.
"In that (C. R's) copy, which is at present
me,3 there follow pp. 334-352 filled with other - matter, certainly no way connected with Barradall.
'Conway Robinson, the copy here printed from.
2 William Green's, now owned by Harvard University.
3Word or words left blank.
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8
VIRGINIA COLONIAL DECISIONS
And on pp. 1-301 thereof are copies of opinions of eminent counsel in England and in Virginia, whereof only one was given by Barradall himself. This so connects with the last article here preceding, that I shall take the trouble to subjoin a copy thereof."
Here follows the copy as made by Mr. Green, but as it is printed in its place in this book2 it will not be inserted again here. The note of Mr. Green con- cludes as follows: " The last preceding article is also copied (by me) in another volume, where I have likewise copied all the other articles described (by me) ante 262. So that I now possess copies of all matters in Mr. Robinson's volume and am ready to turn it over to the State."
The complete copies of Barradall's reports are there- fore in the Robinson and Green manuscripts, and only there, because the only other two known manu- script copies of these reports, as will presently be seen, are far from being complete in this respect. What is, or was, the original from which all these copies were made becomes an interesting question.
In a preface to his reports, Thomas Jefferson3 says: " When I was at the bar of the General Court, there were in the possession of John Randolph, Attorney- General, three volumes of manuscript reports of cases determined in that Court; the one taken by his father, Sir John Randolph, a second by Mr. Barradall, and a third by Hopkins. These were the most eminent of the counsel at that bar, and give us the measure of its talent at that day. All, I believe, had studied law at the 'Temple ' in England, and had taken the de- gree of Barrister there. The volumes comprehended decisions of the General Court from 1730 to 1740, as
'As printed here.
2Manuscript page 29. 3Jefferson's Virginia Reports.
9
THE BOOK
well on cases of English law as on those peculiar to our own country. The former were of little value, because the Judges of that Court, consisting of the King's Privy Counsellors only, chosen from among the gentlemen of the country for their wealth and standing without any regard to legal knowledge, their decisions could never be quoted, either as adding to or detracting from the weight of those of the Eng- lish courts on the same points. Whereas, on our peculiar laws, their judgments, whether founded on correct principles of law or not, were of conclusive authority. As precedents, they established authori- tatively the construction of our own enactments, and gave them the shape and meaning under which our property has been ever since transmitted and is regulated and held to this day. These decisions, there- fore, were worthy of preservation. With this im- pression, I undertook to extract from these volumes every case of domestic character. They constitute the earlier part of this volume.1
" During the subsequent period, which may be called that of Wythe, Pendleton, the Randolphs, Peyton and John (sons of Sir John) Mason, etc., until 1768, an interval of twenty-eight years, no reports, I think, were ever taken. At the later date, I began to commit to writing some leading cases of the day, confining myself still to those arising under our peculiar laws, and I continued to do so until the year 1772, when the Revolution dissolved our courts of justice and called those attached to them to far other occupations. Those cases I have added to the former series."
The "extracting" of the cases from the Randolph and Barradall manuscripts probably did not long
1Mr. Jefferson copied four cases from the Randolph manuscript, one from Hopkins, and twenty-six from Barradall.
.
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10
VIRGINIA COLONIAL DECISIONS
precede the reporting some of the leading cases on Colonial law, which Mr. Jefferson says he took up in 1768. At that time Barradall had been dead about twenty-five years, and Sir John Randolph thirty-one. Hopkins had been dead thirty-four years. The three volumes of manuscripts of Barradall, Randolph, and Hopkins were at that time in the possession, which is supposed to mean the ownership, of John Randolph, the son of Sir John Randolph. He had naturally come into possession of the Randolph manuscript by inheritance, and of the other two probably by purchase, after the deaths of those authors. But as there is nowhere any suggestion of collaboration be- tween these authors, it must be that Mr. Jefferson in calling the manuscripts " three volumes " meant three separate books of manuscript.
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