Sunday, December 8, 2013

CJ (#26) May 1685

Records of the Rappahannock County Court of 7th May 1685 continues:

"Refference is granted to Colnll. Cadwallider Jones Plt. (JO-1) & Frederick Grimshaw Deft. (GRI-1) till next North side Court".

At this time Rappahannock County cover both sides of the Rappahannock River.  The south side was the most western and faced the unknown frontier.  The north side faced to the northeastern border of prior settlements.  Courts were held on both sides of the river.   Cases from this same date contained many individuals that were to play a role in the family of Cadwallader Jones (JO-1).

From (Old) Rappahannock Courty Orders 1683 - 1685, p. 86.

Sunday, November 17, 2013

CJ ( #26) Another Judgment

The Rappahannock County Court continues on the 1st of April 1685 giving the following:

"Judgmt. is granted to Colnll. Caldwaldr:Jones (JO-1), assignee of Nicholas Spencer Esqr.(SPE-1) Attorney of the Lord Culpeper, against the Estate of Majr. Wm. Smyth (SM-44) deced for Eleven thousand pounds of tobb:& caske being the condicon of a Bond bearing date the 30th day of 7ber 1683, the consideration for which the sd Bond was passed by attestation the Honrble. Nicholas Spencer Esqr. (SPE-1) appearing to be for Quit Rents reced by the sd. Major. Smyth during his Office of Sheriff of this County wch: is 11715 lbs. of tobb: & cask; Tis Court have ordered to be pd. according to priority in Law wth: costs of suit als exec."

This case shows the connections that our Cadwallader (JO-1) had with the powers to be!  Lord Culpeper [King Charles II granted the "Northern Neck" to some half-dozen noblemen in 1649.] had
received transfers of ownership to this area, and was to die around 1688/90.  Nicholas Spencer (SPE-1) represented Lord Culpeper as his attorney.  Our Cadwallader was then the assignee of Spencer.

See Hening, Vol. 1, p 358 for a discussion of the 1649 grant.  An understanding of the origin and ownership of the Northern Neck becomes important in later tree climbing adventures.

The case is recorded (Old) Rappahannock County Orders (1683 - 1685), p. 74.

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.

Wednesday, September 25, 2013

CJ (#25) Court Days 1685/6

The will abstract book of Old Rappahannock County continues the records of our Cadwallader Jones (JO-1).  Mrs. Margery Reynolds (REY-1) as executor of the will of her husband Mr. Cornelius Reynolds (REY-2) is recorded :

"Imprimis To Tobb. paid the Honble Colnll. Nicholas Spencer (SPE-1); paid Mr. Nicholas Weare (WE-1), Colnll. Jones (JO-1) on the Acct. of Mr. Dunbar (DU-1); paid Edmond George (GE-1), pd for Leveys; pd Colnll. Jones (JO-1) on the acct. of Seabright; pd. Mr. Edward Thomas (THO-2) on the cct. of Seabright; pd. Colnll: Fitzhugh (FI-1); pd. Joseph Beckley (BEC-1), pd. Simon Tomasin (TOMA-1), Capt. Cooper, Mr. Moore; To 1050 lb. of Tobb: wch; must be taken out of the Estate of Mr. Cornelius Reynolds (REY-2) deced and belonging to the Orphans of Capt. Thomas Williams (WI-4)

     Oath made before me to the Payment of the here specifyed    Anthony Savage (SA-1)

      Recordt. 9 die February 1685/6"

This would appear that the estate of Cornelius Reynolds (REY-2) had to pay a number of folks using the going bases of exchange, tobacco.  I suspect that Cadwallader (JO-1) was involved as "high sheriff" during this period.

Reference is taken from (Old) Rappahannock County Will Book 1682 - 1687, p. 70.

Wednesday, August 28, 2013

CJ (#24) "Cadwald. Jones, Jr." 1685

The (Old) Rappahannock County Deed Book 1682 - 1686 had a host of information concerning the life and time of our Cadwallader Jones (JO-1).  It was on the 10th of August 1685 that a record gives the following:

"Memorandum That the 10th August 1685 Mr. John Foxhall (FOX-1) owne this as his act and deed and was to acknowledge it in Court on demand 
                                                                                CADWALD. JONES JR. (JO-7)
                                                                                Wm. Underwood Senr. (UN-1)
                                                                                Henry Barnes (BAR-1)

Recognitr in Cur Com Pappa 2 die Septr. 1685 et Record xxiii die"

In an indenture made just before this record involves a John Foxhall (FOX-1) "of Popes Creek of the County of Westmoreland of the one part", and a Mallichy Peale (PEA-1) "of the Upper Matchatocke of the said County, Merchant, of the other part".  This indenture had to do with "that Grist Water Mill commonly called and known by the name of Maj. Underwoods Mill scituate and being in the County of Rappa: in the Parish of Sittingbourne and the ground and soyle whereof the Mill now stands and is erected".  The date of this document is 20 August 1682 and is based upon "an Indenture of Lease for Ninety nine yearses made from William Underwood, Senr. (UN-1) the fourth days of July 1670" to this John Foxhall (FOX-1).  It would appear that the lease was being transferred to Malachy Peale (PEA-1) for the remaining "eighty seven yeares".   Cadwallader Jones, Jr. (JO-7), along with William Underwood, Senr. (UN-1) "demands" that this John Foxhall (FOX-1) again signs that he indeed acted in court for this indenture.

This is the only record that I have found that identifies a Cadwallader Jones, Jr. (JO-7)!  He is connected with William Underwood, Senr. (UN-1).  The Underwoods have many connections to the JONES family beginning with the Cavalier migration out of England in 1649 - 1652.  It is most likely that this Cadwallader Jones, Jr. (JO-7) had just turn the legal age of 14 years, when a male could chose his own guardians.  This would place his birth around 1671 when Cadwallader Jones, Sr. (JO-1) was about to begin his own legal records of the day.  [ It is possible that this Cadwallader (JO-7) was being separated from the "older, thus Sr." Cadwallader (JO-1).  This would mean that he would not be a son of Cadwallader, Sr. (JO-1)... a unlikely use of the term by this time in the English legal records.]

In any case, say hello to "Cadwald. Jones, Jr. (JO-7)!

From: (Old) Rappahannock County Deed Book 1682 - 1686, p. 96 - 97.  [The Ancient Press, Ruth & Sam Spraracio, RK.DB-13/90]

Thursday, August 8, 2013

CJ (#23) Court Days 1684

The role of "High Sheriffe" of (Old) Rappahannock County would have been a busy one.  The business of the court continued and on the 7th of November 1684 it is recorded:

"Collonl. Cadwalladr:Jones (JO-1) confessed Judgment for and on behalf of John Vickars (VIC-1) to William Blaire (BL-1) for Five hundred pounds of toba. and caske due by Bill to be paid with costs of suite als Exec."

"Collonl. Cadwallader:Jones confessed Judgment for and on the behalf of Jno. Owine (OW-1) to William Blaire (BL-1) for Five hundred pounds of toba: and caske due by Bill to be paid with costs of suite als Exec."

"Collonl. Cadwalladr: Jones confessed Judgment for and on behalfe of Daniell Merriot (MERR-1) to William Blaire (BL-1) for One thousand pounds of toba: and caske due by Bill to be paid with costs of suite als Execution"

It would seem that a fellow named William Blaire (BL-1) had several suits involved with a number of others in this community.   However, on this same date in court, there were multiple other cases recorded with many, many, other folks involved which did not include our Cadwallader (JO-1).  He was connected to William Blaire (BL-1) in these records.  As was common, tobacco was the means of payment for debt which included the containers (caske) to transport it.