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A59362
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A Settlement of the mines, late of Sir Carbery Pryse whereby the old lease thereof is renewed and a better constitution established in order to raise a stock of twenty thousand pounds for the effectual carrying on the said mineral works.
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Mackworth, Humphrey, Sir, 1657-1727.
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1698
(1698)
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Wing S2734; ESTC R30137
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35,241
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19
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A SETTLEMENT of the Mines late of Sir Carbery Pryse whereby the Old Lease thereof is Renewed and a better Constitution Established in order to raise a Stock of Twenty Thousand Pounds for the effectual carrying on the said Mineral Works THis Indenture Quadrupartite made the Third Day of August in the Tenth Year of the Reign of our Sovereign Lord WILLIAM III. by the Grace of God over England Scotland France and Ireland King Defender of the Faith c. And in the Year of our Lord God One Thousand Six Hundred Ninety and Eight Between the most Noble his Grace the Duke of Leeds the Right Honourable the Marquess of Carmarthen the Right Honourable Pawlett Earl of Bullingbrook The Parties Names the Right Honourable James Lord Viscount Landsborough the Right Honourable William Lord Digby the Honourable Sir Humphrey Edwin Kt. Lord Mayor of London the Honourable Hatton Compton of Grindon in the County of Northampton Esq Dame Ann Cholmley of Whitby in the County of York Widow Mary Cholmley of Whitby in the said County of York Widow Bridget Peshall of the City of Westminster Spinster Jane Bickerstaffe of Wilderness in the County of Kent Spinster Ann Hill of London Widow Elizabeth Lloyd of Greenwich in the County of Kent Widow Elizabeth Lloyd of Greenwich aforesaid Spinster Lucy Wroights of St. Margaret's Westminster Spinster Sir John Pryse of Newtowne in the County of Mountgomery Bar. Sir John Morden of London Bar. Sir Charles Bickerstaffe of Seale in the County of Kent Kt. Sir Christopher Wren of Whitehall Kt. Sir Paul Whitchcott of Middlesex Knight and Baronet Henry Farmer of Eston in the County of Northampton Esq William Powell of Nanteos in the County of Cardigan Esq Edward Nicholas of Whitehall Esq Philip Bickerstaffe of Chirton in the County of Northumberland Esq Arthur Moor of London Esq Henry Lloyd of the Inner-Temple London Esq John Meyricke of the Middle-Temple London Esq James Blake of London Merchant William Freeman of Landowne in the County of Kent Esq Samuel Trotman of Bloomsbury-Square in the County of Middlesex Esq William Nicholas of London Merchant Joseph Short of the Parish of Clarkenwell in the County of Middlesex Esq Richard Stephens of the Middle-Temple London Esq George London of The Royal Gardens Esq Henry Simmons of Hampton Court in the County of Middlesex Esq Henry Grove of Cripplegate London Blacksmith John Woodhouse of Deans Yard in the City of Westminster Esq John Oldbury of London Merchant Thomas Phipps of London Mercer Paul Dominique of London Merchant Whitfeild Hayter of London Goldsmith Anthony Forty of London Merchant William Woolley of London Merchantaylor Thomas Phipps Junior of London Gent. Richard Chancey of London Mercer Richard Curtis of London Gent. Thomas Frederick of London Esq Gabriel Glover of London Ironmonger John Glover of London Merchant Thomas Jeve of London Fishmonger John Thrale of London Merchant Nathaniel Troughton of London Upholsterer John Newland of Eltham in the County of Kent Farmer John Preston of London Gent. Edward Grace of Winchester in the County of Southampton Gent. John Hayward of London Tyler and Bricklayer James Hallett of London Goldsmith Thomas Houghton of the Parish of Shoreditch London Clerke Benjamin Rawlins of the Six Clerks-Office in Chancery-Lane in the County of Middlesex Gent. William Stubbs of London Shipwright and Christopher Smith of Clifford's Inn in of the County of Middlesex Of the First Part. Gent. of the First Part. Thomas Done of Lincolns-Inn-Fields in the County of Middlesex Esq Richard Hore of London Of the Second Part. Goldsmith Robert Fowles of London Godsmith 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 County of Middlesex Of the Third Part. Kt. and Edward Pryse of Gogarthan in the County of Cardigan Esq of the Third Part. And Sir Joseph Hern of London Kt. Sir William Hedges of London Kt. Sir Thomas Vernon of London and Of the Fourth Part. Kt. and Thomas Pitt of Little Lincolns-Inn-Fields in the County of Middlesex Esq of the Fourth Part. Whereas by One Indenture bearing Date the First Day of January in the Year of our Lord One Thousand Six Hundred and Ninety and made between Sir Carbery Pryse of Gogarthen aforesaid A Recital of the First Deed of Co-partnership made by Sir Carbery Pryse 1 Jan. 1690. Baronet since deceased of the one Part and the Right Honourable Peregrine Osborne then Earl of Danby Son and Heir Apparent of the Right Honourable his Grace the Duke of Leeds the said Sir Charles Bickerstaffe and Sir Humphrey Edwin Sir Stephen Evans of London Knight the said Philip Bickerstaffe and William Powel William Scawen of London Merchant and the said Edward Pryse by the Name of Edward Pryse of Lanvread in the said County of Cardigan Gent. of the other Part. He the said Sir Carbery Pryse reciting that he had the Inheritance of the Lordship of Lanvihangell Generglyn in the said County of Cardigan and of all Wasts and Commons thereunto belonging and amongst others of Bulchyr Esgairhyr being part of the said Lordship wherein certain Mines were then found the Management of which required great Skill and Expence and that therefore the said Sir Carbery had determined to take Sharers and Partners in the said Mines And having thereby divided and made Twenty Four Shares in the said Mines and agreed that the said Mines in Shares should extend Twelve Hundred Yards in length The Boundaries of the Mines from the Place where the Work was first began within Twelve Months then last past which was then the great Work they were working in Bwlchyr Esgairhyr and Two Hundred Yards in Breadth did thereby Covenant and Agree with the said Persons before named upon a Co-partnership and Joint-dealing in the said Mines for the Term therein mentioned And he the said Sir Carbery did thereby further Covenant and Agree that the said Peregrine Osborne Earl of Danby Sir Charles Bickerstaffe Sir Humphrey Edwin Sir Stephen Evans Philip Bickerstaffe William Powell William Scawen and Edward Pryse should peaceably and quietly enjoy Twelve Shares thereof during the said Term in such Proportion as is therein mentioned reserving the other Twelve Shares thereof to himself And the said Edward Pryse reciting that he was to have an Interest in Reversion or Remainder in the said Place and Mines called Bwlchyr Esgairhyr if the said Sir Carbery dyed without Issue he the said Edward Pryse did thereby Covenant and Agree to and with the said Earl of Danby and the said other Partners at their or any of their Requests to Confirm all and singular the Grants Articles Covenants and Agreements made by the said Sir Carbery in and by the said Indenture for touching and concerning the said Mines and Oar as by the said Indenture duly executed by all the said Parties Relation being thereto had amongst other things may fully and at large Appear And whereas by one other Indenture
the said Mines as if these Presents had never been had nor made And it is hereby further Agreed by and between the said Parties to these Presents Bank Bills to be taken in the Name of the Chair-man and Private Committee c. That in Case the Grand Committee for the Time being shall Order the said Stock and Profits of the Premises or any Part thereof to be Deposited and kept in the Bank of England that then all and every Bank-Bill which shall be taken for the same or any part thereof shall be taken in the Name of the Chair-man and Private Committee of the said Mines for the time being and shall be kept in the said Iron Chest in Manner aforesaid and issued forth of the said Chest for the Use of the said Partners by the said Select Committee in Manner as is above Directed for the Issuing forth the said Stock in Specie above-mentioned Provision for Relief of Fran. Pigott Deputy Secretary in Case he be not elected Bookkeep and Casher-keeper Provided always That in Case it shall so happen That the said Francis Pigott Deputy Secretary to the said Partners shall not be elected Cash-keeper and Book-keeper to the said Partners upon the said New Establishment of Officers above-mentioned That then it shall and may be Lawful to and for the said Sir Humphrey Mackworth and he is hereby directed to pay or cause to be paid to the said Francis Pigott all such Sum and Sums of Money as he the said Francis hath paid or secured to be paid to the said William Corbett for the Place or Office of Deputy Secretary as aforesaid over and above all his Arrears of Salary above-mentioned And it is mutually Concluded and Agreed by and between the said Parties to these Presents and every of them and so by them Declared Concluded All future Controversies to be referred to two Arbitrators and they to choose an Vmpire and Appointed That if hereafter any Doubt Question or Controversy shall happen or arise between the said Parties or their Assigns or any of them or any Person or Persons whatsoever having or hereafter Claiming to have any Right Title Interest or Demand in or to all or any part of the said Stock Mines and Premises by Virtue of these Presents for about or concerning this Present Indenture or any Covenant Clause Sentence Promise Condition Declaration or Agreement herein comprized or any defect or want of Explanation of any Matter or Thing relating to the said Stock Mines and Premises or the Management thereof That then and in such Case and as often as any Doubt Question Controversie or Difference shall arise or happen the same shall be referred unto Two indifferent Persons to be Nominated and Chosen from time to time by the said Parties or by the Majority of Votes of each Party or Parties between whom the said Difference doth or shall arise within Twenty Days next after such Doubt or Controversie shall arise or happen each or either of the said Parties in Variance to chuse one by Majority of Votes as aforesaid to be by the same Two Persons so indifferently chosen fairly heard discussed and determined or else by an Umpire to be Nominated and Appointed by the said Two indifferent Persons in case they themselves cannot Agree and Compose the same And in Default thereof the Lord Mayor of London if no Partner or else the Lord High Chancellor c. is humbly desired to be Vmpire and to determine all Differences in a Summary Way without Process of Law And in Case the said Referrees shall not name an Umpire within the space of Sixty Days after such Controversies shall be referred to them then the Lord Mayor of London for the time being shall be and is hereby Nominated to be Umpire in case he be not a Partner in the said Mines And in such Case the said Matters in Variance shall be from time to time and at all times humbly referred to the Lord High Chancellor of England Lord Keeper or Lords Commissioners of the Great Seal of England for the time being to be heard and determined in a Summary way without the formal Proceedings and Process of Law in such Manner and Form as the said Lord Chancellor Lord-Keeper or Lords Commissioners for the time being shall in their great Judgments Order and Appoint And that each and either of the said Party and Parties and his and their respective Executors Administrators and Assignes shall and will stand to and abide perform and keep such Order and Determination therein as the said Two Indifferent Persons or the said Umpire or Umpires as aforesaid shall make and give up between them the said Two Parties Referrors so as the Order Judgment and Determination of the said Two Indifferent Persons or Umpire of or concerning the Premises or any Part or Parcel thereof be from time to time made and set down in Writing under the Hands and Seals of the said Two Indifferent Persons within Forty Days or under the Hand and Seal of the Umpire within Twenty Days next after any such Doubt Question or controversy shall be referred to them or him respectively And until such Arbitration ended no Suit to be commenced either in Law or Equity And that neither of the said Parties shall Commence or bring any Action or Suit nor seek any Remedy whatsoever either in Law or Equity to be Relieved in the Premises before such Doubt Question and Controversy shall be put to such Reference or Arbitration as aforesaid The Partners Covenant for farther Assurance And it is agreed by and between all the said Parties to these Presents That in case the said intended Proposal shall take Effect they the said Partners and every of them their and every of their Executors Administrators and Assigns shall and will from time to time and at all times hereafter during the Continuance of the said Term of Twenty-two Years and an Half make do suffer and execute or cause to be made done suffered and executed all and every such further and other Act and Acts Thing and Things Devise and Devises Conveyances and Assurances in the Law whatsoever for the further better and more perfect Conveying and Assuring of the said Mines Stock and Premises to the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pit their Executors Administrators and Assigns for the remaining part of the said Term of Twenty two Years and an Half under the Trusts Conditions and Limitations above mentioned according to the true intent and meaning of these Presents as by Council learned in the Law shall be reasonably devised advised or required and for the better Ordering Governing and well Managing of the said Mines Stock and Premises Ed. Pryse and Sir H. Mackworth Covenant for farther Assurance And it is hereby further Agreed That they the said Sir Humphrey Mackworth and Edward Pryse and each of them and each of their Heirs Executors Administrators and Assigns shall