This post continues the business contract between Cadwallader JONES (JO-1) and Henry Benson (BE-1). It would appear that item "eight" is accounted in item "seven" because the record continues as written listing the next item as "Ninth". The record continues:
"Ninth: CAD:JONES (JO-1) doe oblige myself my heirs due unto Henry Benson (BE-1)for the one moiety of land and further I CAD:JONES (JO-1) doe agree to be understood that by reason we are Copartners that he the said Benson (BE-1) shall occasion for allwayes the prmises bonafide be paid in Goods as they cost wheresoever purchased by me or my Order on money of England as he the said Benson (BE-1) shall think fit.
Tenth: Now Know yee that I HENRY BENSON (BE-1) doe bind myelf to sell unto CAD JONES (JO-1) during our lives all the pduce of my share of my crops of tobacco from yeare to yeare at the rate of fourteene shillings a hundred to be paid me here in goods running no Adventure as they cost in England or in money in England wch I will and withall I do oblige myselfe to ordere my Tobacco as I shall have instructions from the said JONES (JO-1) or his Attorney and also I do oblige myself to plant no other Tobacco upon the said land but sweet scented and I HENRY BENSON (BE-1) doe yet agree to give Mr. JONES (JO-1) or his Attorney an Envry every year of what particular good I shall have occasion for and the over plus to lye still in my partner JONES (JO-1) or his Attorney for that crops produce but to stay till the next and then to be paid for both together.
Eleventh: The said JONES (JO-1) doe agree to pay the said BENSON (BE-1) Fourteene shillings a hundred for is part of the Crop pvided the particulars in the Fourth article be performed.
Twelvth: It is agreed by me HENRY BENSON (BE-1) that what hoggs horses or mares cattle shall make sale of I doe give a just account of the whole to Mr. JONES (JO-1) or his Attorney and the pduce to be equally divided between us."
Wow! Such a detailed document written so long ago. Still more to come!
Transcribed in Rappahannock Co. deed book 1672-1676, by Ruth and Sam Sparacio, The Antient Press, McLean, VA, pp. 49-51. Original document recorded in the Rappahannock Co. deed book 1672-1676, p. 263.
Thursday, January 26, 2012
Friday, January 20, 2012
CJ (6) : Articles of Agreement 1674 (Part 1)
The following article presents the record of Cadwallader Jones (JO-1) and Henry Benson (BE-1) as they formed a partnership in 1674. It is recorded on pages 261-262 of the Deed Book for Rappahannock Co. 1672-1676, Part II. It will be given in several post since it a very detail account of this partnership.
"Article of Agreement between Mr. Cadwallader Jones (JO-1) on the one part and Henry Benson(BE-1) having a tract of land lying being about the Falls of Rappa River doe by these presents agree that Mr. Cadwallader Jones (JO-1) shall have the one moiety of it for him and his heirs forever as being agreed Copartner in the seating of the abovesaid land
Impr.: it is agreed that what Servants the sd. JONES (JO-1) shall from time to time send to the abovesaid land their first purchase wheter it be in England or here in the Country shall be by the said JONES (JO-1) declared and that Henry Benson (BE-1) doe agree to pay the one halfe of the purchase unto Cadwallader Jones (JO-1) or his order.
Secondly it is agreed that what Hoggs the said JONES (JO-1) shall send that I Henry Benson (BE-1) to be accountable unto the said JONES (JO-1) for the one halfe part of the Hoggs as are actually sold.
Thirdly what Cattle the said JONES (JO-1) alsoe shall send if Henry Benson (BE-1) have not so many of my own already that then I do Covenant to pay Mr. JONES (JO-1) for the one halfe as abovesd.
Forth: I Henry Benson (BE-1) doe agree that if Mr. JONES (JO-1) sent two Mares up that then I pay for one of them as abovesd.
Fifth: It is agreed between I Henry Benson (BE-1) and I Cadwallader Jones (JO-1) that the whole stock shall run upon the abovesaid land on Mr. JONES (JO-1) marke Vizt. two corps an overkeele in the right Ears and an underkeele in the left and it is agreed the increase of the Mares be branded on the said JONES (JO-1) his brand appropriated only to that Plantation.
Sixth: It is agreed that what Nails and all Utensils whatsoever shall be at an equall charge between us and alsoe all building of Tobacco Houses and a convenient Dwelling House.
Seventh: that all Servants Coaths or other necessarys belonging to them and if it happen at any time the said Plantation shall want Corne that then the said Benson (BE-1) and the said Jones (JO-1) supply in every particular as avovesaid at an equal charge in form it is agreed that all moveable as well as the land upon the said land be equally and absolutely the Estate of Henry Benson (BE-1) and Cadwallader Jones (JO-1) that the Copartnership upon the abovesaid Plantation be Irrevokabley continued between us during our Lives but with this provios it shall be Lawfull either for Henry Benson (BE-1) or Cad. Jones (JO-1) to devise by Will his equall part of the land only but also the Estate between us or either of us shall think good and that till then there be no other division of our land by our heirs but that our heirs shall keep equall Servants upon it by reason we were both at the charge of building"...
...to be continued!
"Article of Agreement between Mr. Cadwallader Jones (JO-1) on the one part and Henry Benson(BE-1) having a tract of land lying being about the Falls of Rappa River doe by these presents agree that Mr. Cadwallader Jones (JO-1) shall have the one moiety of it for him and his heirs forever as being agreed Copartner in the seating of the abovesaid land
Impr.: it is agreed that what Servants the sd. JONES (JO-1) shall from time to time send to the abovesaid land their first purchase wheter it be in England or here in the Country shall be by the said JONES (JO-1) declared and that Henry Benson (BE-1) doe agree to pay the one halfe of the purchase unto Cadwallader Jones (JO-1) or his order.
Secondly it is agreed that what Hoggs the said JONES (JO-1) shall send that I Henry Benson (BE-1) to be accountable unto the said JONES (JO-1) for the one halfe part of the Hoggs as are actually sold.
Thirdly what Cattle the said JONES (JO-1) alsoe shall send if Henry Benson (BE-1) have not so many of my own already that then I do Covenant to pay Mr. JONES (JO-1) for the one halfe as abovesd.
Forth: I Henry Benson (BE-1) doe agree that if Mr. JONES (JO-1) sent two Mares up that then I pay for one of them as abovesd.
Fifth: It is agreed between I Henry Benson (BE-1) and I Cadwallader Jones (JO-1) that the whole stock shall run upon the abovesaid land on Mr. JONES (JO-1) marke Vizt. two corps an overkeele in the right Ears and an underkeele in the left and it is agreed the increase of the Mares be branded on the said JONES (JO-1) his brand appropriated only to that Plantation.
Sixth: It is agreed that what Nails and all Utensils whatsoever shall be at an equall charge between us and alsoe all building of Tobacco Houses and a convenient Dwelling House.
Seventh: that all Servants Coaths or other necessarys belonging to them and if it happen at any time the said Plantation shall want Corne that then the said Benson (BE-1) and the said Jones (JO-1) supply in every particular as avovesaid at an equal charge in form it is agreed that all moveable as well as the land upon the said land be equally and absolutely the Estate of Henry Benson (BE-1) and Cadwallader Jones (JO-1) that the Copartnership upon the abovesaid Plantation be Irrevokabley continued between us during our Lives but with this provios it shall be Lawfull either for Henry Benson (BE-1) or Cad. Jones (JO-1) to devise by Will his equall part of the land only but also the Estate between us or either of us shall think good and that till then there be no other division of our land by our heirs but that our heirs shall keep equall Servants upon it by reason we were both at the charge of building"...
...to be continued!
Sunday, January 8, 2012
CJ(5): "Gentlemen" in 1673
The earliest listing of the term "gentlemen (gentieux hommes)" I could find in the Calendar of Patent Rolls is 16 August, 1302. It is recorded at London involving "Assignment, sealed with the great seal, and with the seals of Edward, prince of Wales, the king's son, Richard,...." addressed to "the king's gentlemen". I would suspect that the concept of gentlemen had existed for a very long time among the social conscience. Webster gives one definition as "a man of independent means who does not engage in any occupation or profession for gain" [or a man who does not engage in a menial occupation or in manual labor for gain] In the context of 1302, these gentlemen "...who have served in the war Gascony against the King of France..." are given this title along with clerks and other "stipendiaries" (soldiers). [Calender of Patent Rolls, Edward I, vol. 4, 1302, p. 56.]
It would appear that this term had expanded its meaning and broadened its use, since in 1673, Cadwallader Jones (JO-1) was listed as a "Gent". [2 July 1673, see CJ(2)] The yearly income per head of household for the year 1688 was 35 pounds sterling for those classified as "gentlemen". Cadwallader spent "forty ponds sterling" for his land upon "the main run of Penmansind".
It would appear that this term had expanded its meaning and broadened its use, since in 1673, Cadwallader Jones (JO-1) was listed as a "Gent". [2 July 1673, see CJ(2)] The yearly income per head of household for the year 1688 was 35 pounds sterling for those classified as "gentlemen". Cadwallader spent "forty ponds sterling" for his land upon "the main run of Penmansind".
Monday, January 2, 2012
CJ(5): "27th day of fber 1673"
On the "27 day of fber 1673" [Would be February 1674], Cadwallader Jones (JO-1) appears as a witness on a deed of William Thornton (TH-1). It is recorded on p. 181 of the deed books, and transcribed on p. 4 of (Old) Rappahannock County Deed Book 1672-1676, Part II, by the Sparacios. It reads:
"Know All Men by these presents that I WILLIAM THORNTON(TH-1) of the County of Gloster doe hereby appoint and make my well beloved Friend James Kay (KA-1) of the County of Rappa my true and lawfull Attorney for me to my use to receive an acknowledgement of a sale of Two thousand acres of land sold to me by Mr. JOHN(MO-1) and GEORGE MOTT(MO-2) and I do hereby declare and hold whatsoever my Attorney shall doe in the same premises to be valid in Law as if I myselfe had bin personally present & done the same. Witness my hand & seale the 27th day of fber 1673. Test. CADWALADER JONES (JO-1), ABRA. HUNTER.(HU-1)
Recognitr in Cu Com Rappa 7 die March 1673/4"
John Mott (MO-1) and George Mott (MO-2) were brothers who had a number of contacts with Cadwallader Jones (JO-1). The THORNTON family plays a significant role in the life of Cadwallader. William Thornton (TH-1) is identified as being from "Gloster" [Gloucester] County. This county also plays a significant role in the life and family of our Cadwallader. The Mott brothers had land above Cadwallader in what would become Spotsylvania.
"Know All Men by these presents that I WILLIAM THORNTON(TH-1) of the County of Gloster doe hereby appoint and make my well beloved Friend James Kay (KA-1) of the County of Rappa my true and lawfull Attorney for me to my use to receive an acknowledgement of a sale of Two thousand acres of land sold to me by Mr. JOHN(MO-1) and GEORGE MOTT(MO-2) and I do hereby declare and hold whatsoever my Attorney shall doe in the same premises to be valid in Law as if I myselfe had bin personally present & done the same. Witness my hand & seale the 27th day of fber 1673. Test. CADWALADER JONES (JO-1), ABRA. HUNTER.(HU-1)
Recognitr in Cu Com Rappa 7 die March 1673/4"
John Mott (MO-1) and George Mott (MO-2) were brothers who had a number of contacts with Cadwallader Jones (JO-1). The THORNTON family plays a significant role in the life of Cadwallader. William Thornton (TH-1) is identified as being from "Gloster" [Gloucester] County. This county also plays a significant role in the life and family of our Cadwallader. The Mott brothers had land above Cadwallader in what would become Spotsylvania.
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