This post continues the content of a letter written "14th March 1686/7" by William Fitzhugh (FI-1) to Nicholas Spencer (SPE-1). [See last post that begins this correspondence regarding our Cadwallader Jones (JO-1).]
"...that you would either to Mr. Spicer (SP-1), or some other knowing & interest person in that County to see the same duely executed, & fully & discreetly prosecuted. and I will deliver your Instructions & directions therein, with my own hand, to the person directed, & contribute what lies in my power to their assistance, I wish you may secure your own, but for my Lord Culpepper's (CU-1), I look upon it almost impossible to secure, I am sure improbable, nor can't advise in any measure to be taken therein, for by all that I can learn there's hardly Estate enough to answer your debt, which is not particularly & by name bound over, besides a great deal that is bound over in general terms..."
The remainder of the letter discusses other topics and events which have concerned the folks of the day. It would seem that Fitzhugh (FI-1) essentially suggest that there is little hope of receiving any debt from the estate of our Cadwallader (JO-1).
Showing posts with label debt. Show all posts
Showing posts with label debt. Show all posts
Wednesday, October 15, 2014
Thursday, August 21, 2014
CJ (#36) Clear Gone 1687
The letters of William Fitzhugh (FI-1) record a series of events in his personal dealing with our Cadwallader Jones (JO-1). A letter dated "February 18th. 1687" written "To the Honourable Nicholas Spencer" (SPE-1) is as follows:
"Honoured Sir
The first day of February I receiv'd your's dated 15th. January about Collo. Jones (JO-1) his affairs, I immediately upon the receipt thereof dispatched a Messenger away to him to come to my house, where I apprehended I should have the freer & fuller opportunity, to discourse him in it, & to persuade him to the payment of it, which letter her answer'd me with his company about five days after,"
[This would place this encounter around the 20th of January 1687.]
The letter continues: "which was as soon as he came home from Gloucester, where he had not only account of, but Dunns for several Sums of the like nature protested. I used both my Interest & persuasion, to get him to pay in Tobo. for the money, & agreed to allow him ten shilling (symbol) Cent, & remit the damages, which he seemed willingly to approve of, & would he said use his endeavor to procure that Tobo., & what Tobo. he owed me, which was about five thousand, for his own Crops were already disposed of, in paying Neighbouring Debts, & supplying his family's necessary, & with such intentions & some assurances he went from my house, & promised to be with me again within four days at fartherst, & did not question to bring me a satisfactory answer,"
[Neighboring debts and the need of the family was listed as priority.]
The letter continues: "he was punctual to his word as to his coming, but with tears in his eyes said, he could not possibly answer either yours or mine, for he said he had neither Tobo. nor effects to procure it. I offered to buy two or three Negroes of him, he assured me they were already made over to the Alderman & his Ship merchants to whom he hath not yet paid one penny, and therefore that way there was nothing to be expected."
[Lots of debt and no way to pay...by the end of 1686.]
"And I hear since, that night he went away from my house, he went into Maryland & so conclude he is clear gone."
[Wow..."clear gone" into Maryland. Cadwallader had prior connections and business
contacts here. There are other factors involved as well.]
The letter concludes: "Thus Sir I have stated the Case, & given you my Sentiments of the man; I refer to your self to take such measures therein, as may be to advantage his Estate is so shattered & incumber'd with Mortgages Conveyances &c. & his debts so many & great that without a very sudden Course taken it will be impossible ever to recover one penny. If I can be any ways serviceable to you therein, I shall most acceptably & willingly receive your Commands, & diligently therein manifest myself to be Your W.ff "
This letter would indicate that our Cadwallader was deeply in debt to a variety of folks, and it was around January 20, 1687 that he left Virginia and began his flight into Maryland. It also documents that a family was present. Much...much...more to come!
The Fitzhugh Letters and Other Documents can be found in "William Fitzhugh and His Chesapeake World 1676 - 1701, Ed. Richard Beale Davis, The University of North Carolina Press, 1963. This letter found on pp. 209-210.
"Honoured Sir
The first day of February I receiv'd your's dated 15th. January about Collo. Jones (JO-1) his affairs, I immediately upon the receipt thereof dispatched a Messenger away to him to come to my house, where I apprehended I should have the freer & fuller opportunity, to discourse him in it, & to persuade him to the payment of it, which letter her answer'd me with his company about five days after,"
[This would place this encounter around the 20th of January 1687.]
The letter continues: "which was as soon as he came home from Gloucester, where he had not only account of, but Dunns for several Sums of the like nature protested. I used both my Interest & persuasion, to get him to pay in Tobo. for the money, & agreed to allow him ten shilling (symbol) Cent, & remit the damages, which he seemed willingly to approve of, & would he said use his endeavor to procure that Tobo., & what Tobo. he owed me, which was about five thousand, for his own Crops were already disposed of, in paying Neighbouring Debts, & supplying his family's necessary, & with such intentions & some assurances he went from my house, & promised to be with me again within four days at fartherst, & did not question to bring me a satisfactory answer,"
[Neighboring debts and the need of the family was listed as priority.]
The letter continues: "he was punctual to his word as to his coming, but with tears in his eyes said, he could not possibly answer either yours or mine, for he said he had neither Tobo. nor effects to procure it. I offered to buy two or three Negroes of him, he assured me they were already made over to the Alderman & his Ship merchants to whom he hath not yet paid one penny, and therefore that way there was nothing to be expected."
[Lots of debt and no way to pay...by the end of 1686.]
"And I hear since, that night he went away from my house, he went into Maryland & so conclude he is clear gone."
[Wow..."clear gone" into Maryland. Cadwallader had prior connections and business
contacts here. There are other factors involved as well.]
The letter concludes: "Thus Sir I have stated the Case, & given you my Sentiments of the man; I refer to your self to take such measures therein, as may be to advantage his Estate is so shattered & incumber'd with Mortgages Conveyances &c. & his debts so many & great that without a very sudden Course taken it will be impossible ever to recover one penny. If I can be any ways serviceable to you therein, I shall most acceptably & willingly receive your Commands, & diligently therein manifest myself to be Your W.ff "
This letter would indicate that our Cadwallader was deeply in debt to a variety of folks, and it was around January 20, 1687 that he left Virginia and began his flight into Maryland. It also documents that a family was present. Much...much...more to come!
The Fitzhugh Letters and Other Documents can be found in "William Fitzhugh and His Chesapeake World 1676 - 1701, Ed. Richard Beale Davis, The University of North Carolina Press, 1963. This letter found on pp. 209-210.
Thursday, June 12, 2014
CJ (#33) The Straw (part 2)
The court case continues from March 4, 1685/6 (1686)... "but"...
"...but, the sd John Jeffries (JE-1) for want of Effects refusing to pass the sd Bills & Protest being had thereon, the Plantff. prayed this Court order with costs for the sd Sixteen pounds Sterling due upon aforesd. Bills of Exchange against the sd. Wm. Colston (COLS-1) as Assignee upon wch a serious debate being heard, the Court were of opinion & do accordingly give judgment that the sd Wm Coston (COLS-1) as assignee was not liable to the payment of the sd Bills of Exchange but that the same were recoverable & to be paid unto the sd. Wm Wraxlall (WR-1) by the sd Cadwallader Jones (JO-1) as Drawer; The Assignment being had & taken by this Court to be only a meanes to transfer the right of (blot)perties of the Deft. in the sd Bills unto the sd Wm. Wraxall (WR-1) & that the same was no further binding."
It would seem that old Cadwallader Jones (JO-1) had stepped over the line with John Jeffries (JE-1). They had a long history of contact [see CJ (#14) "Mannor of Ley", Wednesday, Oct. 3, 2012 ] Here, after "a serious debate being heard", Cadwallader was judged to be responsible for payment of the sixteen pounds Sterling to William Wraxall (WR-1).
A lot of genealogist state that our Cadwallader Jones (JO-1) went "bankrupt". Legally at this point in British history bankruptcy did not exist as an option. You were known as a "debtor" and if cause was placed in court, you were put in "debtor's prison". Perhaps this was the "straw" that broke the Camels back.
p.s. There were many additional factors involved in the life of our Cadwallader at this point in time. For the genealogist it is important to place in historical context the additional events of 1686. "But"...in the documents of time...this seems to be one of these factors leading to the next stage in the life of our Cadwallader Jones (JO-1).
"...but, the sd John Jeffries (JE-1) for want of Effects refusing to pass the sd Bills & Protest being had thereon, the Plantff. prayed this Court order with costs for the sd Sixteen pounds Sterling due upon aforesd. Bills of Exchange against the sd. Wm. Colston (COLS-1) as Assignee upon wch a serious debate being heard, the Court were of opinion & do accordingly give judgment that the sd Wm Coston (COLS-1) as assignee was not liable to the payment of the sd Bills of Exchange but that the same were recoverable & to be paid unto the sd. Wm Wraxlall (WR-1) by the sd Cadwallader Jones (JO-1) as Drawer; The Assignment being had & taken by this Court to be only a meanes to transfer the right of (blot)perties of the Deft. in the sd Bills unto the sd Wm. Wraxall (WR-1) & that the same was no further binding."
It would seem that old Cadwallader Jones (JO-1) had stepped over the line with John Jeffries (JE-1). They had a long history of contact [see CJ (#14) "Mannor of Ley", Wednesday, Oct. 3, 2012 ] Here, after "a serious debate being heard", Cadwallader was judged to be responsible for payment of the sixteen pounds Sterling to William Wraxall (WR-1).
A lot of genealogist state that our Cadwallader Jones (JO-1) went "bankrupt". Legally at this point in British history bankruptcy did not exist as an option. You were known as a "debtor" and if cause was placed in court, you were put in "debtor's prison". Perhaps this was the "straw" that broke the Camels back.
p.s. There were many additional factors involved in the life of our Cadwallader at this point in time. For the genealogist it is important to place in historical context the additional events of 1686. "But"...in the documents of time...this seems to be one of these factors leading to the next stage in the life of our Cadwallader Jones (JO-1).
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