Monday, October 28, 2013

CJ (#26) Court Days Continue

The Rappahannock County court was a center of activity.  Our Cadwallader Jones (JO-1) was often involved during 1684 - 1685.  On February 5th, 1684/85 it is recorded:

"Judgment upon (nihil dicit) is granted against the Administrs. of Majr. Henry Smyth (SM-45) deced to Colnll. Cadwallader Jones (JO-1) for thirteen thousand pounds of tobb. & caske due by Accot: signed & put into the hands of the sd. Majr. Smyth (SM-45) to collect, being Leaveys & Clerk & Sheriff fees to be paid according to priority in Law with cost of suit als exec."

It would seem that Major Henry Smyth (SM-45) had been assigned the task to collect the taxes and fees that were under his jurisdiction.  The court seems to say that these were to be given (transferred) to our Cadwallader Jones (JO-1) from the estates of Major Henry Smyth (SM-45) who had died some time prior to this courts activities.   Henry Smyth (SM-45) seems to have had a very large estate, and there are a great number of court "suits" dealing with the administrators of his will.   The Smyth/Smith and Jones families share a number of connections.

(Old) Rappahannock County Orders 1683 - 1685, pp. 61-62.

Tuesday, October 8, 2013

CJ (#26) Court Orders 1684/5

The Rappahannock County Court 4th of February 1684/5 records the following:

"Whereas Colonll. Cadwaldr. Jones (JO-1) of this County by an Instrumt. of Writeing under his hand & seale bearing date the 7th day of Janry 1684/5 did constitute and appoint William Colston (COLS-1) and Mr. Arthur Spicer (SP-1) or either of them his Lawfull Attorney on behalf of him the sd. Colonll. Jones (JO-1) & in his name to confess Judgment upon a Bond of 400000 pds of tobb: & caske bearing date 4th day of May 1684 due unto Colonll. John Stone (ST-1), Mr. Samll Peachey (PE-1) & Mr. Wm. Fantleroy (FA-1) upon the breaches therein contained in pursuance whereof the sd Wm Colston (COLS-1) did this day in open Court confess Judgmt in the name of the said Colonll. Cadwaldr: Jones (JO-1) to the sd Colonll. John Stone (ST-1) Mr Samll Peachey (PE-1) and Mr. Wm. Fantleroy (FA-1) for the sd foure hundred thousand of tobb: & caske due upon the aforesd. Bond to be pd wth: costs of suite als exec"

Hum...400,000 pounds of tobacco and casks is a lot of tobacco.  The record reads that William Colston (COLS-1) [representing our Cadwallader Jones (JO-1)] confesses judgement upon a bond of 400,000 pounds of tobacco.  It would seem that the bond was "breached" and in open court "confess Judgmt" to the three fellows holding the bond.  This would date back to a court record of "8th of May 1684" when our Cadwallader Jones (JO-1) was sworn "High Sheriffe" of Rappahannock County.  See post of July 18, 2013 [CJ (#23)].  It is not clear to me if Cadwallader failed to meet his responsibilities as high sheriff or the bond was expected to be paid by the three fellows.  It is clear from future court records that our Cadwallader continued his role as high sheriff during the next period of time.  However, future documents would show the pot to be boiling that our Cadwallader was swimming around.

(Old) Rappahannock County Orders 1683 - 1685, p. 60.