Friday, January 20, 2012

CJ (6) : Articles of Agreement 1674 (Part 1)

The following article presents the record of Cadwallader Jones (JO-1) and Henry Benson (BE-1) as they formed a partnership in 1674. It is recorded on pages 261-262 of the Deed Book for Rappahannock Co. 1672-1676, Part II. It will be given in several post since it a very detail account of this partnership.

"Article of Agreement between Mr. Cadwallader Jones (JO-1) on the one part and Henry Benson(BE-1) having a tract of land lying being about the Falls of Rappa River doe by these presents agree that Mr. Cadwallader Jones (JO-1) shall have the one moiety of it for him and his heirs forever as being agreed Copartner in the seating of the abovesaid land

Impr.: it is agreed that what Servants the sd. JONES (JO-1) shall from time to time send to the abovesaid land their first purchase wheter it be in England or here in the Country shall be by the said JONES (JO-1) declared and that Henry Benson (BE-1) doe agree to pay the one halfe of the purchase unto Cadwallader Jones (JO-1) or his order.

Secondly it is agreed that what Hoggs the said JONES (JO-1) shall send that I Henry Benson (BE-1) to be accountable unto the said JONES (JO-1) for the one halfe part of the Hoggs as are actually sold.

Thirdly what Cattle the said JONES (JO-1) alsoe shall send if Henry Benson (BE-1) have not so many of my own already that then I do Covenant to pay Mr. JONES (JO-1) for the one halfe as abovesd.

Forth: I Henry Benson (BE-1) doe agree that if Mr. JONES (JO-1) sent two Mares up that then I pay for one of them as abovesd.

Fifth: It is agreed between I Henry Benson (BE-1) and I Cadwallader Jones (JO-1) that the whole stock shall run upon the abovesaid land on Mr. JONES (JO-1) marke Vizt. two corps an overkeele in the right Ears and an underkeele in the left and it is agreed the increase of the Mares be branded on the said JONES (JO-1) his brand appropriated only to that Plantation.

Sixth: It is agreed that what Nails and all Utensils whatsoever shall be at an equall charge between us and alsoe all building of Tobacco Houses and a convenient Dwelling House.

Seventh: that all Servants Coaths or other necessarys belonging to them and if it happen at any time the said Plantation shall want Corne that then the said Benson (BE-1) and the said Jones (JO-1) supply in every particular as avovesaid at an equal charge in form it is agreed that all moveable as well as the land upon the said land be equally and absolutely the Estate of Henry Benson (BE-1) and Cadwallader Jones (JO-1) that the Copartnership upon the abovesaid Plantation be Irrevokabley continued between us during our Lives but with this provios it shall be Lawfull either for Henry Benson (BE-1) or Cad. Jones (JO-1) to devise by Will his equall part of the land only but also the Estate between us or either of us shall think good and that till then there be no other division of our land by our heirs but that our heirs shall keep equall Servants upon it by reason we were both at the charge of building"... be continued!

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