Going back a bit in time from the 1730's of the previous notes, Alexander Spotswood filed a suit against Jacob Crigler for thirty-four pounds, eighteen shillings and four pence. This was the first of many lawsuits brought by Spotswood against members of the Second Colony. Spotswood maintained that the Germans had failed to satisfy the terms of an agreement "made by them in consideration of money advanced upon their transportation".
The Germans repeatedly asked Spotswood for a copy of the agreement but he steadfastly refused to give them one. Most likely, there was no written agreement and there probably was no clear verbal agreement; however, this is the way in that Spotswood operated. His word was the law and he expected everyone to accept his private version. In recording land which he was leasing at the county court house, he did not provide a public description but refers to notes in his possession.
Poor Jacob Crigler must have been in shock when he heard how much Col. Spotswood was asking in his lawsuit. He pleaded that he did not owe it and asked for an extension which was granted (this was 6 Sept 1723). Then on October 1, Spotswood asked for an extension to consider Crigler's plea. Finally, on 3 March 1723/24, with the consent of both parties, the case against Jacob Crigler was dismissed with the defendant agreeing to pay the cost of the suit.
To help put this in perspective, the amount which Spotswood originally sued for was equal to the personal property in the estates of many of our early ancestors. He was suing in a county which was named for him and where he had his residence. In fact, at the time of the suits, a room in his personal residence was being used as the courthouse. The people on a potential jury would be people who would be working closely with Spotswood in the future. If anything looked like a stacked deck, surely this was it.
I believe that approximately 18 members of the Second Colony were sued. Being rebuffed by the county justices in their appeals for relief, two members, Cyriacus Fleshman and George Utz, on behalf of themselves and other high Germans, appealed to the colonial government. The Council sided with the Germans and decreed that the deputy attorney for the king should represent the petitioners in the Spotsylvania court:
"On reading at the Board of Petition of Zacharias Flishman and George Ouds on behalf of themselves and fourteen other high-Germans, now residing in Spotsylvania county near Germanna, complaining that Col. Spotswood hath unjustly sued them in the Court for the non-performance of a certain Agreement pretended to be made by them in consideration of money advanced them upon their transportation into this colony, although they have heretofore performed, and are always ready to perform any Agreement they made with the said Col. Spotswood; but though they have often applied to him for a copy of the said Agreement they made with him, he hath refused to give them any such copy and therefore praying this Board to commiserate their condition as being stangers and to make such order as they shall think proper to have the Agreement produced; the Governor with the advice of the council is pleased to order as it is hereby ordered; That in regard to the petition, poor condition and ignorance of the laws of this colony, the person acting as Deputy Attorney for the King in he said County of Spotsylvania do appear for the Petitioners in the said suits brought against them in that court, that so the Petitioners may have the benefit of a fair tryal."
We gratefully acknowledge the work of John Blankenbaker who published over 2,500 Germanna History Notes via the Germanna-L@rootsweb.com email list from 1997 to 2008. We are equally thankful to George Durman (Sgt. George) for hosting the list and republishing the notes via rootsweb.com.