1742 May 10. Contract between Thomas Mayberry and William Vestal et al., Frederick County, Virginia Deed Book 1, pp. 168-169, Winchester

It is contracted, agreed & finally & firmly ended between the parties following that is to say Thomas Mayberry of the County of Orange & Collony of Virginia of the one part and William Vestal, John Fredan, Daniel Burnet & Richard Stevenson all severally of the county & collony aforesaid of the other part Wittnesseth that the said Thomas Mayberry for and in consideration of four hundred pounds current money of Pennsylvania pay'd & to be payed unto him as by bonds under hands severally delivered the day before the day of the date of these presents more at large testifyeth has contracted finally & firmly agreed as by bond & security for performance under hand delivered largely by Showett [?] to begin, finish & complete a bloomery for making or barr iron upon the present plantation of William Vestal lying upon Shenandore within the County & Collony aforesaid and by these presents the said Mayberry covenants & finally & firmly ... & doth agree to begin immediately after the sealing & delivery of these presents the said works & to continue duely & truly at them until the same be fully completed & finished & he the said Mayberry promises & obliges himself to begin, proceed, finish & complete not only the said wooden works but also all & sundry the iron work thereunto appertaining and all & sundry dam & dams water & water courses in as ample & full manner as may be required & also covenants & agrees to finish the bloomery together with all & sundry the thing & things thereto required & necessary in order to make iron according to the true and just judgement, opinion & verdict of skillful workmen in such matters by the first day of January next ensuing the date of these presents and on the other hand the said company and promises, contracts & agrees to & with the said Mayberry to find him all necessaries as creatures, meat, grain, butter & cheese at two pence a pound, pork & beef at 2, wheat at 3, rye at 2/6, corn at 2/6, leather at twelve pence or any other thing he shall or may stand in need of for himself or workmen to help & further the said work to the half of what each of them are severally bound & obligated to him the said Mayberry for completing the said works and the said company promises & obliges themselves all & severally to answer all draughts of the said Mayberry for one half as aforesaid and the other half they promises & by these presents oblige themselves to payment to him the said Mayberry in money if required for the buying of such things as may be necessary for the completing the said works and for as much as the said Mayberry bears one share & a half in the said works in the finishing & completing of same the said Mayberry covenants and promises & grants that the said one share and a half shall be deducted out of the principal in an equal manner according to the true, equal, just charges of any one or all of the rest of the company according to their proportionable part in the carrying on the said work and finally both parties covenant & agree each one with the other that if any Cawal [?,] controversy or debate should arise betwixt them at times or anytime that the said shall be reserved to the judgment, determination & opinion of any judicious persons chosen by both parties to determine the same & in case that any person should while the said works are carrying on be desirous to join with the said company in an equal part it is agreed than no person shall be admitted unto any part or parts without the full liberty, grant, & approbation of all & sundry the persons belonging to the said company whither before or after the work is completed & ended but that if any of the company now aforesaid should surrender up their part & share of the said works that then the remainder of the persons then in company shall have the offer of the said share & to choose such men to share with them as they shall think proper or else to take the same upon themselves In Full Testimony whereof both parties having fully & completely agreed to the premises, articles & agreements aforesaid have hereunto interchangeably sett their hands & seals this 10th day of May Anno Domina 1742.

In presence of us Samuel Walker McKean William Davis

It is also contracted & agreed that if any thing should be wished and not according to the true intent & meaning of these presents in the law that then the said articles by consent of all be cancelled & a new drawn Sic Subscribitur Company Thomas Mayberry William Vestal John Fraden, his mark Richard Stevenson, his mark Daniel Burnat, his mark

At a court continued & held for Frederick County on Wednesday the fifth day of December 1744.

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