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).

CJ (#33) The Straw (part 1)

Life was certainly not easy for old Cadwallader Jones (JO-1) during the years 1985 - 1986.  It was on the 3rd of March 1685/6 (1686) that the following was recorded in the court order book of (Old) Rappahannock County.

"Mr. John Taverner (TAV-1) appeared Attorney for Mr. Tho. Glascock, (GL-1), Attorney Capt. Wm. Wraxall (WR-1).

     - Whereas upon issue joyned between William Wraxall (WR-1) of the Citty of Bristoll in the Kingdom of England, Mariner, and William Colston (COLS-1) of Rappa: County in his Maties Colony of Virginia, the Plt. by his Attorney, Thomas Glascock (GL-1), shewed that whereas Cadwallader Jones (JO-1) of the sd County & Colony Gent. did draw Bills of Exchange for Sixteen pounds Sterling money of England upon John Jeffries Esqr. (JE-1) Merchant in London, payable unto the sd William Colston (COLS-1) which sd Bills of Exchange for a consideracon received the Defent. assigned to the sd Wm. Wraxall (WR-1), but..."

This record becomes a bit confusing with similar names and the way it is written.  I will try to separate the document into sections calling this "part 1" which establishes the issue.  Our Cadwallader Jones (JO-1) gave a "Bills of Exchange" for sixteen pounds Sterling (English Money) payable to William Colston (COLS-1) [was clerk of court 1683 ].  This was based upon John Jeffries Esqr. (JE-1), merchant in London [He has long standing relationship to many in the colony of VA and the Jeffery family comes through the same line as our Cadwallader!]  William Colston (COLS-1) then makes "a consideration" with William Wraxall (WR-1) Mariner from the City of Bristol... "but"... more to come.

From: (Old) Rappahannock County Orders 1685 - 1687, pp. 32 - 33.

CJ (#14) True and Lawfull Attorney

Immediately following the indenture of Cadwallader Jones (JO-1) and John Jefferies (JE-1) in the (Old) Rappahannock Co. Deed Book 1682-1686, is the following record.  It reads:

"TO ALL XPIAN People to whom these prsents shall come Cadwallader Jones (JO-1) of the Collony of Virginia send Greeting in or:Lord God Everlasting.  Whereas he the said Cadwallader Jones (JO-1) aforesaid, Son and Heire of Richard Jones (JO-5) of London, Merchant, and John Jefferies (JE-1) of London aforesaid by their certain Deed made over unto Sr:Robert Jefferyes (JE-3), Knight Alderman of the City of London, a certain Lordship or Mannor of LEY with all the rights within the Parish of Beerferis in County of Devon and Kingdom of England and all the capetail of said Mannor called by the name of LEY with all the lands commonly called by ye severall names of Wallers Great, Hawcombe, Little Hawcombe, Beeralbeiston and Baselace being within the prcincts of LEY in the said Parish of BEER FERIS and all thos two Bargages with apptnences in HAWCOMBE in ye County of DEVON and all that Copice of Copice Wood containing Fifteen acres be it more or less being in the BEERFERIS and also the houses buildings (&c) belonging as by the aforesd Deed of bargain and Sale may appear  Now Know yee that he the said Cadwalader Jones (JO-1) by occasion aforesaid hath made and constitued in his place and stead his true and well beloved ffriend John Jefferyes (JE-1) of London aforesaid Esqr. his true and lawfull Attorney to act and doe everything on the part of Cadwalader Jones (JO-1) ought to be done concering the aforesaid mentionaed Instrument and the said Cadwalader Jones (JO-1) hath hereby further authorised the aforesaid John Jefferyes (JE-1) Esquire in his name and place to make acknowledgemt. as Attorney of said JONES (JO-1) in any Court or otherwise confirming wtsoever his said Attorney or his Substitute shall lawfully act and doe to be as authentique as he the said Cadwalader Jones (JO-1) could do if psonable prsent In Witness whereof the said Cadwalader Jones (JO-1) hath sett his hand and affixed his Seale this seaventh day of Febry 1682.  Signed Sealed and delivered in prsence of

  Thos: Hasted (HAST-1)                                                            Cadwalader Jones (JO-1)
   John Haslewood (HAS-1)  Georg Purvis (PU-1)

                                                                                        Teste Edmd. Craske (CR-1)"

This document would suggest that John Jeffereys (JE-1) was a "well beloved friend".  This phrase was often used to describe a relationship with family members as well, but would seem to imply that there was no direct family ties, i.e., half-brother, 1st cousin, etc.?  It may be that John Jefferys (JO-1) was a business partner to Richard Jones (JO-5) in London.   A John Jeffereys was connected as a merchant to a number of folks in the colonies, which is yet to be shown.

CJ (#14) Manor of Ley (III)

The indenture continues:

"And Further that he the said Sr. Robert Jeffereys (JO-3) his heirs may at all times forever hereafter have and enjoy the said Mannor Lordship and Hereditaments without the lawfull lett or deniall of him the said Cadwallader Jones (JO-1) his heirs and that the said Cadwallader Jones (JO-1) or John Jeffereyes (JE-1) or either of them will upon request make further acts for the better assuring and makeing of all the premisses according to the true meaning of these presents as said Sr. Robert Jeffereyes (JE-1) his heirs or Councell Learned in the Law shall lawfully advise as that the parties requested to do the same be not compelled to travell above the space of five miles from their respective usuall place of abode In Witness whereof the parties have set their hands and sealses in the presence of us

     John Haslewood (HAS-1)                                               Cadwallader Jones (JO-1)
     Georg Purvis (PU-1),  Thomas Hasted (HAST-1)

Cadwalader Jones (JO-1) and John Jeffereis (JO-2) conveyance of the fee of the Manner and Lordship of Ley in Devon to Sr. Robert Jefferies (JO-3)
     Recognitr in Cur: Com Rappa p Cadwalader Junes 7th die Febry 1682 et Recordatr xii die"

Please note that the numbering system is added and not in the original documents.  This ends the indenture as recorded in (Old) Rappahannock County Deed Book 1682-1686, p. 3-4.  The names of the witnesses can be helpful at times when the brick walls become thick.  It is recorded February 7, 1682.

The life and times of Cadwallader Jones (JO-1) continues.

CJ (#14) Manor of Ley (II)

The indenture continues:

"To have and to hold the said Mannor Lordship lands and other the premises unto sd Sr:Robert Jeffereis (JE-3) from day next before date herefor during the terme of one whole yeare to the End by Vertue of Statute for uses may be in possession of the premises and be enabled to take a release or conveyance of inheritance to him and his heirs hereafter specified And This Indenture further Winesseth that for the conveyance of the fee simple of all the premisses to this sd Sr. Robert Jefferies (JE-3) and his heirs for such uses as hereafter mentioned the said Cadwallader Jones (JO-1) for the sum of (blank) of lawfull English money to him in hand paid and the said John Jeffereys (JE-1) the aforesaid Mannor Lordship and Herediaments and all rights  To have and to hold such uses as said Sr. Robert Jeffereyes (JE-3) by any writing under his hand attested by three or more sufficient Witnesses shall limit and appointe and in defaulte of such Limitation to the use of the said Sr. Robert Jefferies(JE-3) his heirs forever to be held of the high hand cheiffe Lord or Lords of the fees of the premisses by the rents and services therefore formerly due..."

This again shows that the Manor of Ley was an inheritance (fee simple) of Cadwallader Jones (JO-1) and John Jeffereys (JO-1).  The rights of this inheritance is being sold to Sir Robert Jeffereyes (JO-3).  This would seem to suggest that both Cadwallader Jones (JO-1) and John Jeffereys (JE-1) were related to Richard Jones.(JO-5)  This is possible if they were half-brothers, with the wive(s) of Richard Jones (JO-5) having children by a previous marriage.  [The Jeffery and Jones family share a direct descent through the "Tribe of the Marches", but that story is yet to come.]  This document also shows that a name (surname) can be spelled several different ways in the very same document!

CJ (#14) Mannor of Ley

This post continues the indenture of Cadwallader Jones (JO-1) and John Jeffreys (JE-1):

"...Witnesseth that the said Cadwallader Jones (JO-1) and John Jeffreyes (JE-1) for the sum of Five Shillings apiece to them paid by the Sr. Robert Jeffereys (JE-3) and for other valuable consideration them hereunto especially moveing have sold unto the said Sr. Robert Jeffereys (JE-3) all that ye Lordship and Mannor of Ley with the rights and appuirtenances called or know by the name of Ley with the rights and appurtenances thereeof within the Parrish of Beerfferies in County of Devon and all that the Capitall Messuage or Mancon House of the said Mannor called or known by the name of Ley wth apptenances and all those lands and hereditamts with their appurtenances in Temerton-Follett in the siad County of Devon and that Cottage with th appurtenances in Hawcombe in the said County of Devon and all Copice of Copice Wood containing by estimation Fifteen acres being in Beerfferies and all houses, buildings barns Stables gardens woods profitts libertyes franchies and hereditaments whatsoever to the said Manor Lordships and premises belonging whereof the said Cadwalader Jones (JO-1) and John Jefferies or either of them now hath any Estate of Inheritance in fee simple of all and singular the title of said premises..."

Thus continues our story.  It would seem that both Cadwallader and John Jeffreys have a right to the inheritance "in fee simple".  More to come.

CJ(#14) The Father of Cadwallader

A series of parallel events occur during the early 1680s in the life of our Cadwallader Jones (JO-1).  Bacon's Rebellion, Indian Wars, and the military service are enough to keep anyone tied up in knots.  However, it would seem that life was to keep on throwing stones at Cadwallader.  The records of (Old) Rappahannock Co. VA for the first time clearly identifies the father of Cadwallader.  Around February 1682, the following "Indenture" (deed) is recorded:

"This Indenture made the (blank) in the year of our Lord according to the computation used in England One thousand six hundred Eight & one and in the year of the Reign of or: Soveraigne Lord Charles the second &c. the three and thirthieth Between CADWALLADER JONES of Virginia, Son & heire of RICHARD JONES, late of LONDON, Merchant deceased, and JOHN JEFFREYS of LONDON Esqr. of the one part and Sr: ROBERT JEFFEREYS, Knight, one of the Aldermen of the City of LONDON of the other part..."

A primary document that clearly identifies the father of Cadwallader Jones (JO-1) as Richard Jones (JO-5).  In addition the Jeffereys family becomes connected, naming John Jeffres, Esq.(JE-1) and Robert Jeffereys (JE-3).  It describes Richard Jones(JO-5) as being a "merchant", "late of LONDON", and deceased.  Much, much more to come.

This document also shows how Rappahannock Co. viewed the dating of this record.  The writers computation reflects the fact that Charles II reign is dated from 1649.  This ignores the years of the Commonwealth under Cromwell, 1650 to 1660.  Many history books begin the reign of  Charles II 1661, and only lasting 24 years.  Thus the "33rd" year would not seem to fit the history books of today.

From: (Old) Rappahannock County Deed Book, 1682-1686, p. 3, The Ancient Press, Ruth & Sam Sparacio, RK.DB-13/90.