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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
Intituled to Thirty Shares the said Samuel Trotman hath and is Intituled to Ten Shares the said William Nicholas hath and is Intituled to Twenty Shares the said Joseph Short hath and is Intituled to Twenty Shares the said Richard Stephens hath and is Intituled to Twenty Shares The said George London hath and is Intituled to Thirty Shares the said Henry Simons hath and is Intituled to Twenty Shares the said Henry Grove hath and is Intituled to Five Shares the said John Woodhouse hath and is Intituled to Twelve Shares the said John Oldbury hath and is Intituled to One hundred and fifty Shares the said Thomas Phipps hath and is Intituled to Eighty-two Shares the said Paul Dominique hath and is Intituled to Thirty Shares the said Whitfeild Hayter hath and is Intituled to Two Hundred and Fifty Shares the said Anthony Forty hath and is Intituled to Twenty Shares the said William Wolley hath and is Intituled to Sixty Shares the said Thomas Phipps Junior hath and is Intituled to Twenty Shares the said Richard Chancey hath and is Intituled to Twenty Shares the said Richard Curtis hath and is Intituled to Twenty Shares the said Thomas Frederick hath and is Intituled to Forty Shares the said Gabriel Glover hath and is Intituled to Sixty Shares the said John Glover hath and is Intituled to Fifteen Shares the said Thomas Jeve hath and is Intituled to Twenty Shares the said John Thrale hath and is Intituled to Thirty Shares the said Nathaniel Troughton hath and is Intituled to Sixty Shares the said John Newland hath and is Intituled to Ten Shares the said John Preston hath and is Intituled to Ten Shares the said Edward Grace hath and is Intituled to Ten Shares the said John Hayward hath and is Intituled to Three Shares the said James Hallett hath and is Intituled to Sixty Shares the said Thomas Houghton hath and is Intituled to Two Shares the said Benjamin Rawlins hath and is Intituled to Twenty Shares the said William Stubbs hath and is Intituled to Ten Shares and the said Christopher Smith hath and is Intituled to Five Shares as by the said Transfer-Book relation being thereunto had may more fully and at large appear The Causes that obstructed the working of the Mines And whereas the said Mines have hitherto been unprofitable to the Owners for want of a Stock and of a good Constitution for the Management thereof and by reason of unhappy Differences and Law-Suits amongst the Partners and Five Years of the said Term granted by the said Sir Carbery Pryse is expired and considerable Sums of Money are owing to several Officers Agents and Stewards Miners and Labourers and to several other Person and Persons and are chargeable upon the said Mines All which hath hitherto discouraged the Partners from raising of a Stock And forasmuch as the said Partners do now labour under great Difficulties and Disadvantages in these and other respects For removing of all which Obstructions and for raising a Stock of 20000 l And whereas the said Sir Humphrey Mackworth taking the Premises into Serious Consideration and to the end that the said Mineral Works may be set on work and carried on to the best Advantage hath acquainted the said Partners that within six Days after the Execution of these Presents whereby it is intended the said Trustees and Partners shall Assign and Transfer the said Mines and Premises unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pit for and during the residue of the said Term of Two and twenty Years and an Half yet to come and unexpired under the Trust and Management herein after mentioned and expressed He Sir Humphrey Mackworth undertakes within six days after the Execution of these Presents to propose an Expedient the said Sir Humphrey Mackworth will propose and open to the said present Partners an Expedient for clearing all the Debts wherewith the said Mines now stand charged and for raising the Sum of Twenty thousand Pounds for a Stock for carrying on the Working of the said Mines without any Premium or Repayment of either Principal or Interest and for paying or securing to such of the said Partners as shall be unwilling again to become Advenuturers with the said Sir Humphrey Mackworth under such Proposals as he shall make the Sum of Twenty Pounds for every Share they now respectively have in the said Mines The Advantages thereof And for as much as it is intended that the said Partners and their Assignees who shall become Adventurers with the said Sir Humphrey Mackworth under such Proposal as he shall make shall be thereby delivered from an Arbitrary Management of the said Mines and have the Benefit of an equal and fair Constitution And also have Five Years added to their Term which is computed by the present Steward of the said Mines to be worth in Reversion after the Expiration of the said Term in being several Hundred thousand Pounds And whereas it is thereby intended That a Stock of Twenty Thousand Pounds clear of all Debts paid and discharged shall be raised whereby the Interest of the said Mines and Premises will be advanced to Five times the Value they were before The Consideration And forasmuch as the said Sir Humphrey Mackworth doth not require or insist upon any other Consideration for the Premises but only liberty of distributing a moderate Share thereof to Charitable Uses whereof One Moiety will issue out of his own and Friends Interest and Shares as an Humble Acknowledgment to Almighty God for the Great and Wonderful Deliverance of him and his Friends at Sea All which is held reasonable by all the said Partners The Intent of these Presents To the end therefore that the said Proposal may be put in Execution all Differences between the said Partners be composed all Debts and Salaries paid and discharged a Stock of Twenty Thousand Pound raised and the said Sir Humphrey Mackworth enabled to establish and settle the several Charities herein and in the said intended Proposal to be mentioned and set forth Now this Indenture witnesseth c. Now this Inventure witnesseth That the said Thomas Done Richard Hore Robert Fowles and Nicholas Baker who are the surviving Trustees in the said last recited Indenture mentioned by the Directions and by and with the Consent of all the said Parties above-mentioned and of the Chair-Man and Committee for the management of the said Mines as aforesaid Testified by their being Parties to these Presents And they the said Partners and every of them as far as in him and them lies and for and in Consideration of the Sum of Five Shillings to them and every of them in Hand paid the Receipt whereof they and every of them do hereby acknowledge The Old Trustees and Partners assign over to the New Trustees have Given Granted Assigned Transferred and Set over and by these Presents do Give Grant Assign Transfer and Set over unto the said Sir Joseph Herne Sir