Selected quad for the lemma: cause_n
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A59361
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A Settlement of the mine-adventure
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Mackworth, Humphrey, Sir, 1657-1727.
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1698
(1698)
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Wing S2733; ESTC R30136
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22,167
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13
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to Four thousand and eight Shares so the number of Tickets which shall be taken out as aforesaid shall be to the certain Number of Shares of such Partners who shall Seal and Execute the said recited Indenture Quadrupartite and in such case a diligent Calculation shall be made by the said Managers and Directors or the major part of them who shall cause the several and respective number of Shares written upon the said Fortunate Tickets and the Shares for the first and last drawn Tickets to be proportioned accordingly yet so as that every numbred Ticket which shall be drawn not having a Fortunate Lot to come up with it shall nevertheless be Intituled to Five Pounds and lawful Interest for the same as aforesaid and also to the several other Advantages above-mentioned Sir H. M. Indempnified for all Acts done pursuant to the Intent of these Presents And that the said Sir Humphrey Mackworth his Executors Administrators and Assigns shall be from time to time and at all times hereafter by and out of the Profits of the said Mines Stock and Premises saved Harmless and Indempnified of and from all Actions and Suits whatsoever either in Law or Equity and of and from all Costs Charges Damages and Troubles whatsoever which he or they shall or may pay bear or sustain for or by reason of any Act or Thing whatsoever to be done or suffered by him the said Sir Humphrey Mackworth in pursuance of and according to the true Intent and Meaning of these Presents and of the said recited Indenture That until the Tickets can be got ready Subscriptions may be taken And the said Sir Humphrey Mackworth doth propose declare direct and appoint that it shall and may be lawful to and for the said Sir Humphrey Mackworth by any Writing under his Hand to depute and appoint any Number of Persons to take and receive all such voluntary Subscriptions as shall be made by or for any Person or Persons for any Sum or Sums of Money whatsoever not less than Ten Pounds for the taking out so many Tickets in this Adventure as shall answer the Value thereof and that one or more Books of Parchment or Royal Paper shall be provided for the said Subscriptions to be made thereupon and that an Instrument in Writing shall be prepared for that purpose upon Stamp Parchment or Royal Paper in manner and to the Effect following that is to say The Form of the Instrument of Subscription Know all Men by these Presents That we whose Names are hereunto subscribed Partners of the Mines late of Sir Carbery Pryse and others do hereby severally and not jointly or the one for the other of us oblige our selves in manner following that is to say We who are Partners in the said Mines do hereby elect to become Adventurers with Sir Humphrey Mackworth in the Mine-Adventure and do oblige our selves our Executors Administrators and Assigns to accept of and take out Tickets for and in liew of our several and respective shares therein at the rate and value of Twenty Pounds for every Share according to his Proposal contained in one Deed Poll bearing Date the First Day of October 1698. and we the said Partners subscribing for more than our respective Shares and we who are not Partners in the said Mines do hereby oblige our selves our Executors Administrators and Assigns severally and not jointly or the one for the other of us to pay or cause to be paid to Sir Thomas Mackworth of Normanton in the County of Rutland Baronet and the said Sir Humphrey Mackworth or one of them their or one of their Orders on or before the Second Day of December next at the Chambers of Sir Humphrey Mackworth in Lincolns-Inn New Square the remaining part of the several and respective Sums of Money by us respectively subscribed and in default thereof that One Tenth Part of the Money so by us respectively subscribed as aforesaid and paid down at the Time of our respective Subscriptions shall be forfeit and lost to the said Sir Thomas and Sir Humphrey Mackworth to the Uses in the said Deed mentioned Vpon each Subscription a Receipt to be given And it is hereby declared and agreed that the said Sir Thomas and Sir Humphrey Mackworth or the said respective Persons so deputed as aforesaid to take the Subscriptions or such Cashier or Cashiers who shall be appointed to receive all or any of the said Payments upon the said Subscriptions shall immediately from time to time give to the Persons paying the said Tenth Part of the Money by them respectively subscribed as aforesaid a Receipt in Writing for the several and respective Sums so received in manner following to wit The Receipt We Sir Thomas Mackworth and Sir Humphrey Mackworth do hereby acknowledge to have received from A. B. the Sum of Ten Pounds being the Tenth part of One Hundred Pounds Subscribed by the said A.B. for Twenty Tickets in the Mine-Adventure which Tickets we do hereby jointly and severally promise to deliver or cause to be delivered to the said A. B. or his Order upon payment of the further Sum of Ninety Pounds to Sir Thomas and Sir Humphrey Mackworth their or either of their Orders at the Chambers of the said Sir Humphrey Mackworth in Lincolns-Inn New Square at or before the Second Day of December next And we do hereby jointly and severally promise to repay the said Sum of One Hundred Pounds to the said A. B. in case this Adventure be not drawn within the Time for that purpose limited and appointed in the Mine-Adventure In Witness whereof we have hereunto set our Hands this present Third Day of October in the Year of our Lord 1698. Every person is to receive Intrest from the day of Subscription And every Person so Subscribing as aforesaid shall have and receive his her and their Interest-money at the rate of Six Pounds per Cent. for the whole Sum so by them and every of them respectively Subscribed from the day of making every such Subscription as aforesaid which shall be entred upon their respective Tickets accordingly Vpon Payment of the Residue And upon Payment of the residue of the Money subscribed by any Person or Persons whatsoever they the said Sir Thomas and Sir Humphrey Mackworth shall and will give a Receipt in Writing for the several Sums so received in manner following that is to say A Receipt We Sir Thomas Mackworth and Sir Humphrey Mackworth do hereby acknowledge to have received from A. B. the Sum of Ninety Pounds being the residue of One Hundred Pounds subscribed by the said A. B. for Tickets in the Mine-Adventure which Tickets are delivered to the said A. B. at the time of signing this Receipt and we do hereby jointly and severally promise to repay the said Sum of One Hundred Pounds to the said A. B. in case this Adventure be not drawn within the time for that purpose limited and appointed in the Settlement of
A SETTLEMENT OF THE Mine-Adventure KNow all Men by these Presents A Recital of the Indenture Quadrupartite dated 3d. of Aug. 1698. That Whereas by one Indenture Quadrupartite bearing date the Third Day of August last past in the Tenth Year of the Reign of our Sovereign Lord William the Third by the Grace of God over England Scotland France and Ireland King Defender of the Faith c. and in the Year of our Lord 1698 and made Between the most Noble his Grace the Duke of Leeds and others Partners of the Mines late of Sir Carbery Pryse of the first Part Thomas Done of Lincolns-Inn-Fields in the County of Middlesex Esq Richard Hore of London Goldsmith Robert Fowles of London Goldsmith and Nicholas Baker of London Gent. of the second Part Sir Humphrey Mackworth late of the Middle-Temple London and now of Lincolns-Inn in the said County of Middlesex Kt. and Edward Pryse of Gogarthen in the County of Cardigan Esq of the third Part Sir Joseph Herne of London Kt. Sir William Hedges of London Kt. Sir Thomas Vernon of London Kt. and Thomas Pitt of Little-Lincolns-Inn-Fields in the said County of Middlesex Esq of the fourth Part. Whereby the old Trustees and Partners have Assigned over to the new Trustees They the said Thomas Done Richard Hore Robert Fowles and Nicholas Baker by the Directions and by and with the Consent of all the Parties thereunto and of the Chair-Man and Committee for the Management of the said Mines testified by their being Parties to the said Indenture and they the said Partners and every of them for the Considerations therein expressed Have Given Granted Assigned Transferred and Set over unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt All and singular the Mines Ores and Minerals lying and being in a certain Mountain Waste or Common called Bwlchyr Esgairhyr in the Parish of Lanvihangel Generglyn in the County of Cardigan within the Boundaries therein mentioned and all the Liberties Authorities and Privileges and all other things thereunto belonging To have and to hold all and singular the said Mines Ores Minerals and Premises with the Appurtenances unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns for and during all the rest and residue of said Term of Twenty Two Years and a Half then to come and unexpired Vpon Trust under the several Trusts and Confidences and under the Conditions and Limitations and to the several Uses Intents and Purposes therein mentioned and set forth That is to say The Declaration thereof That if the said Sir Humphrey Mackworth should at any time within the Space of Twenty Days next ensuing the Date thereof or within the space of Six Days next after the Sealing and Delivery of the said Indenture by the Parties therein mentioned The Expedient to be proposed and every of them Propose and Open to the said Partners or such of them as should appear at a General Meeting an Expedient for Clearing and Satisfying all the Debts wherewith the said Mines then stood Charged and for raising Twenty Thousand Pounds for a Stock for carrying on the Works of the said Mines without any Premium or Repayment of either Principal or Interest to the Intent that the said Partners might become Adventurers with him in such New Method as should be proposed for the Purposes aforesaid in proportion to their several Interests and Shares they then had in the said Mines or so many of them as should think fit to become Adventurers with the said Sir Humphrey Mackworth And should at any time before the First Day of August next ensuing the Date of the said Indenture pay or cause to be paid to such of the said Partners who should within the space of Ten Days next after the said Proposal should be made and open'd by the said Sir Humphrey Mackworch to the said Partners as aforesaid declare they would not engage with the said Sir Humphrey Mackworth according to such Proposal but would under their Hands and Seals Release and Relinquish their Shares and Interest in the said Mines Ten Pounds for every Share of such Persons who should so Relinquish their Shares and Interest therein within the time aforesaid The Partners have an Election to take 20 l. per Share or to become Adventurers again under a new Constitution and a large Stock of 20000 l. The Intent of the said Indenture being that it should be at the Election of the said Partners and every of them either to become Adventurer or Adventurers with the said Sir Humphrey Mackworth according to the intended Proposal or to relinquish their Shares in the said Mines for Ten Pound per Share within the time aforesaid and Ten Pounds per Share to be secured as therein is mentioned * Election to be made in 10 Days after Proposal which Election every of the said Partners should make within the Space of Ten Days next after such Proposal so as aforesaid should be made That then and in such Case the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns should and would stand possessed and intrusted with the said Mines in Trust out of the clear Profits that should be made by and from the said Mines to pay to every such of the said Partners who should in manner aforesaid relinquish their Shares in the said Mines the farther Sum of Ten Pounds for every Share so to be Relinquished Trustees are to permit such Persons to manage and enjoy the Profits of the Mines as shall be appointed by the said Sir H. Mackworth And so charged should and would Permit and Suffer the said Sir Humphrey Mackworth and such other Person and Persons his and their Assignee and Assignes to be made in Manner as therein is Described and in such Proportion Manner and Form as the said Sir Humphrey Mackworth under his Hand and Seal should direct and Appoint from time to time and at all times hereafter during the said several and respective Terms of Years therein mentioned according to and in such Manner as should be contained in such Proposal as should be made by the said Sir Humphrey Mackworth pursuant to the Agreements therein contained to Manage the said Mines and Premises and to enjoy the Profits thereof and to dispose of the Oar then raised out of the said Mines to his and their own proper Use and Uses and to such other Use and Uses as the said Sir Humphrey Mackworth should under his Hand and Seal limit and appoint according to the Constitution therein set forth and to the true Intent and Meaning of the said recited Indenture and such Proposition as should be so made by the said Sir Humphrey Mackworth as aforesaid A farther Term of five Years granted And whereas the said Edward Pryse by the Direction and Consent of the said Sir Humphrey