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A59362 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. Mackworth, Humphrey, Sir, 1657-1727. 1698 (1698) Wing S2734; ESTC R30137 35,241 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
they should have One hundred Shares in the said Mines Stock and Premises according to the Division aforesaid And that he and they should from time to time have full power to make such Deputy and Deputies as he or they should think fit so that there be but one Deputy at a time to Act in his or their Absence which said Deputy should have full Power to Act in all things as he or they had by Vertue of the said recited Indenture And that he and they should from time to time And to have the Nomination of Officers during the said Term have the Nomination and Appointment of all Officers and Agents which nevertheless should be liable to the Censure of General Meetings and for Breach of Trust be by them turned out if thought fit That the Trustees might Assign their Trust and be Indempnified and Discharged c. And whereas it was thereby Declared and Agreed by and between all the said Parties to the said Indenture That in case at any time or times during the said Term of Twenty two Years and an half the said Sir Francis Lawley Thomas Done Richard Hoare Robert Fowles and Nicholas Baker or any of them respectively or their respective Assigns should desire and be intended to Relinquish and Resign the Trusts thereby reposed or meant mentioned or intended to be reposed in them and to be Released and Discharged of and from the same And of such their Desire and Mind should give or leave Notice or Warning in Writing unto or for the said Chair-Man and Committee for the time being at their then usual time and place of Meeting for managing of the said Mines and Undertaking and should at any time within the space of Thirty Days next ensuing such Notice or Warning Assign over or Release the same unto such Person or Persons as the Chair-Man and Committee of the said Mines Stock and Premises for the time being or the Majority of them should Chuse Nominate and Appoint in that behalf And in default of such Choice Nomination and Appointment unto the rest of the Trustees for the time being or to such other Person or Persons as they the said Trustee or Trustees so Relinquishing or Resigning should in that behalf respectively think fit That then and in such Case and at all times after such Assignment should be so made such of the said Trustees as should so Relinquish and Resign his Trust should be Acquitted and Discharged of and from the same and all Actions Suits Costs Troubles Damages and Expences whatsoever for any future Thing or Things to be Acted or done about respecting or concerning the said Mines Stock and Undertaking or any thing thereunto belonging or appertaining And it was thereby further declared and agreed That such Trustee or Trustees respectively as should so Relinquish Resign or Assign his Trust should at all times after such his Resignation or Assigment as aforesaid be Protected saved Harmless and kept Indempnified by the succeeding Trustees by and out of the said Stock and Trade and the Gain and Interest thereof And of and from all Actions Suits Costs Troubles Damages and Expences whatsoever which should or may be had against him or them the said Trustee or Trustees so Resigning Relinquishing or Assigning or which he or they should or might be put unto or sustain for or by reason or means of any Act or thing by him or them done committed or suffered before such Resignation Relinguishing or Assigment by reason of the Trusts thereby reposed or meant mentioned or intended to be reposed in him or them in or about the Defence or Execution thereof or of any of them That the Trustees at the request of the Chair-man and Committee should Assign over their Trust c. And it was further Declared and Agreed That the Chair-Man and Committee for the time being in Committee Assembled should and might at any time or times request or desire all or any of the said Trustees or other Trustees for the time being to Assign or Release his or their Trusts such Trustees being sufficiently saved Harmless and Indempnified of from and against all lawful Acts and things by them done in the Defence or Execution of the said Trusts and that thereupon such Trustee or Trustees should might and would Assign or Release his and their Trusts to such Person or Persons as the Chair-Man and Committee for the time being in Committee assembled should appoint as by the same Relation being thereunto had amongst other things may more fully and at large appear The Partners Names and what Shares belong to every Partner as by the Transfer-Book appears And whereas the said Mines are at the time of the Sealing and Executing of these Presents divided into Four Thousand and Eight Shares as aforesaid whereof the most Noble his Grace the Duke of Leeds hath and is Intituled to One hundred forty two Shares the said Marquiss of Carmarthen hath and is Intituled to One hundred forty two Shares the said Pawlet Earl of Bullingbrooke hath and is Intituled to Twenty Shares the said James Lord Viscount Landsburrough hath and is Intituled to Fifteen Shares the said William Lord Digby hath and is Intituled to Ten Shares the said Sir Humphrey Edwin hath and is Intituled to Seventy-six Shares the said Hatton Compton hath and is Intituled to One and Thirty Shares The said Dame Anne Cholmely hath and is Intituled to Three Shares the said Mary Cholmley hath and is Intituled to Ten Shares the said Bridget Peshall hath and is Intituled to Fifty Shares the said Jane Bickerstaffe hath and is Intituled to Ten Shares the said Anne Hill hath and is Intituled to Ten Shares the said Elizabeth Lloyd Widow hath and is Intituled to Ten Shares the said Elizabeth Lloyd Spinster hath and is Intituled to Ten Shares the said Lucy Wroights hath and is Intituled to Thirty Shares The said Sir John Pryse hath and is Intituled to Ten Shares the said Sir John Morden hath and is Intituled to Thirty Shares the said Sir Charles Bickerstaffe hath and is Intituled to Thirty four Shares the said Sir Christopher Wrenn hath and is Intituled to Thirty Shares the said Sir Paul Witchcott hath and is Intituled to Twenty Shares the said Sir Humphry Mackworth hath and is Intituled to Seventeen Hundred and Ten Shares The said Edward Pryse hath and is Intituled to One Hundred Shares the said William Powell hath and is Intituled to Forty-five Shares and an Half the said Henry Farmer hath and is Intituled to Ten Shares the said Edward Nicholas hath and is Intituled to Ten Shares the said Phillip Bickerstaffe hath and is Intituled to Eighty Shares and an Half the said Arthur Moore hath and is Intituled to Twenty Shares the said Henry Lloyd hath and is Intitul'd to Twenty five Shares the said John Meyricke hath and is Intituled to One Hundred and Twenty Shares the said James Blake hath and is Intituled to Twenty Shares the said William Freeman hath and is