for touching or concerning the same 88. In consideration whereof the Executors The Executors of the Party deceasing to release all demands or Administrators of the said deceased Party shall upon receipt of the said Security sufficiently and in due form of Law remiss and release unto the said Survivor his Executors and Administrators all the part share right title interest claim and demand whatsoever which they the said Executors and Administrators oâ— the deceased Partie and every or any of them have or hath or may can might should or ought to have in to or out of all and every or any of the Stock Estate Mony Goods Wares and Debts which were in or belonging to the said joynt Trade or Copartnership at the decease of the Party so Except desperate Debts which are to be divided first dying or at any time before except such Debts as were accounted desperate which by the agreement of bath the said Parties to these presents for them their Executors and Administrators are to be equally divided between the Survivor and the Executors and Administrators of the deceased Party as they or any of them shall be received or gotten in 89. And it is further covenanted and agreed How the Estate is to be divided if either die before account made by and between the said Parties to these presents That if either of the said Parties shall happen to depart this life before any yearly Account shall happen to be made between the said Parties touching the said joynt Trade that then the surviving Party his Executors and Administrators shall have and take to his and their own use and bâ—hoof all the Moneys Goods Wares Debts and other Estate whatsoever in or belonging to the said joynt Trade at the time of such decease and shall satisfie the Debts joyntly owing by the said Parties as aforesaid at the time of such decease and shall truly pay unto the Executors or Administrators of the first deceased Party within one year then next ensuing so much lawful English Money as the Stock that then shall be brought into the said joynt Trade by the Partie so deceasing did come and amount unto and that such security shall be given for the same and for the saving harmless of the Executors or Administrators of the deceased Partie of and from the Debts and Duties joyntly owing by the said Parties as aforesaid as is above mentioned to be given for the like purposes in Case the decease of the Partie so first dying had happened after the making of an yearly Release Accompt as aforesaid And that then also the like Release shall be made and given by the Executors or Administrators of the first deceasing Partie to the surviving Partie his Executors and Administrators as is above mentioned 90. And the said A. B. for himself his Touching the Messuage if A. B. do c. Executors and Administrators doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents That if the said A. B. shall happen to decease within the said term of three years that then the Executors or Administrators of the said A. B. shall within twenty Dayes next after his decease demise and grant unto the said C. D. if he shall be then living his Executors and Administrators all the said Messuage or Tenement above mentioned for and during the then Residue of the said Term of three years at for and under the yearly rent of twenty three pound of lawful Moneys of England to be by the said demise reserved quarterly to be payed and with such Covenants to be inserted in the said Demise on the Part and behalf of the said C. D. his Executors Administrators and Assigns to be performed and kept as are conteined in the Lease whereby the said A. B. holdeth the same so that the said C. D. do upon the Sealing and Delivery of the said Lease seal and deliver the Counter-Party thereof as his act and deed unto the Lessor or Lessors therein named 91. And it is covenanted concluded and agreed How to compose differences by and between the said Parties to these presents for them their Executors and Administrators That if any Variance Strife Difference or Controversâ—e shall at any Time hereafter during the said Copartnership or at the end thereof happen to grow arise or be between the said Parties to these presents their Executors or Administrators or any of them upon touching or concerning their said joynt Trade or any their buyings sellings accompts matters or things relating thereunto or for or touching any Covenant Matter or Thing in these presents conteined That then and so often they the said Parties to these presents their Executors or Administrators shall upon reasonable request made by either or any of them unto the other of them before any Suit shall be commenced for or touching the same elect name and chuse two indifferent Persons to hear and determine the same differences and matters of difference one of which Arbitrators the said A. B. his Executors or Administrators Arbitrators shall chuse and name And the other of the said Arbitrators the said C. D. his Executors or Administrators shall name and chuse And that each of the said Parties his Executors and Administrators shall respectively stand to and abide perform and keep such award order determination and judgment which the said two Arbitrators shall make and give in writing under their hands and seals unto the Parties subject by these presents thereunto upon and touching the said differences and matters in difference so that the said award be made and given as aforesaid in writing within thirty Dayes next after the Choice and Nomination of the said Arbitrators in that behalf And in case the said Arbitrators shall not make and give forth their said award as aforesaid within time before limited for the doing thereof then each of the said Parties Umpire his Executors and Administrators shall and will stand to abide perform and keep such Award Order and Vmperage as such one Person Vmpire to be elected and chosen by the said Arbitrator shall make and give forth in Writing as aforesaid under his hand and seal upon and touching the said differences and matters in difference within twenty dayes next after the end of the said thirty Dayes And in case the said Vmpire shall not make and give forth as aforesaid his said Award and Vmpirage within the time above limited for the doing thereof that then each and every of them the said Parties his Executors and Administrators shall and will for his and their Parts stand to abide perform and keep such Master and Wardens of the company c. Award Order Determination and Iudgment as the Master and Wardens of the Company of Merchant-Taylors in London or the major Part of them shall make and give forth as aforesaid in writing under their hands and seals upon and touching the said differences and matters in difference within
aforesaid together with average accustomed 12. And it is agreed by and between the said Parties to these presents That all Port-charges Port-charges that shall arise and grow due to be payed for and in respect of the said Ship in the said intended Voyage shall be satisfied and payed in manner and form following viz. â…” Parts thereof by the said C. D. his Factors or Assigns and â…“ Part thereof by the said A. B. his Executors or Assigns 13. And it is agreed by and between the said Parties to these presents notwithstanding To stay over and above the Days limited at each Port. any matter or thing herein before conteined that in case necessity shall require it shall and may be lawful to and for the said C. D. his Factors or Assigns or any of them to keep the said Ship at Demorage at the several places and Ports aforesaid of Nantz St. Michael Terceras and Fyal the space and time of thirty Dayes and no more after the end and exspiration of the said sixty Dayes before limited for the said ship to stay at the said places and Ports That is to say viz. Ten Dayes at Nantz ten Dayes at St. Michael and ten Dayes at Terceras and Fyal before mentioned for every Day of which Demorage over and above the said sixty Dayes the said C. D. his Factors and Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns the sum of three pound How much to pay per Diem of lawful Moneys of England and the said Moneys that shall arise and grow due for demorage as aforesaid shall be paied c. here set down the Day when 14. And it is moreover agreed by and between The Master to have money paid him in the voyage c. the said Parties to these presents that the said C. D. his Factors or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors or Assigns or such as shall be Master of the said ship for the time being all such sum and sums of Money as he or they shall have occasion for at the Island of St. Michael and at Terceras and Fyal aforesaid so that all the said sum and sums of Money so to be payed as aforesaid exceed not in the whole the sum of c. Which said sum and sums of Money so to be payed are to be deducted upon the payment made for the freight of the said Ship in manner and form aforesaid 15. And it is agreed by and between the said Not to lade any goods except the Merchants Parties to these presents that the said Master his Factors or Assigns shall not lade or cause to be laden any Goods or Merchandises aboard the said Ship for any other Merchant and Person whatsoever except the said C. D. save only the quantity or proportion of five Tuns which the said Master or his company may lade for their own use at the time of Lading the said ship at the several Ports aforesaid without allowance for the same That the Ship is strong and well apparelled c. and 20 men and a boy therein if occasion shall require 16. And the said A. B. for himself his Executors and Administrators doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from and out of the said Riuer of Thames upon her said intended Voyage shall be strong and sufficiently victualled tackelled furnished and apparelled with masts sails anchors cables ropes cords boat and Dars twelve pieces of Ordinance guns gun-powder shot tackle apparel ammunition and furniture meet and needful for the said Ship and Voyage together with a Master and twenty men and one boy which men and boy or so many of them The men and boy to attend the Merchant c. as shall be needful shall be readie at all due and convenient times with the said Ship-Boat to serve the said Master his factors or assigns to and from the land during the said Voyage and to discharge and relade the said Ship as occasion shall serve 17. And to the performance of all and singular the Covenants Grants Articles agreements The Parties mutually bind themselves in a penalty to perform the Covenants and other things herein before conteyned by and on the part and behalf of the said A. B. his executors or administrators to be done and performed as aforesaid the said A. B. binds himself his erecutors and administrators and especially the said ship with her tackle apparel and furniture unto the said C. D. his executors administrators and assigns in the penal sum of One thousand pound of lawful Moneys of England by these presents to be well and truly payed unto the said C. D. his executors administrators or assigns upon the Non-performance or Non-observance of any of the said Covenants and agreements on his part to be done and performed according to the intent and true meaning of these presents The like for the other Partie who is to bind himself his Executors and Administrators and his Goods and Chattels in the like penalty of One thousand pound to performe c. In Witness c. Another where the Ship is to take in her first Lading at several Ports 18. THis Charter-Partie Indented of Affreightment made the c. Between A. B. Citizen and Alderman of London and E. F. Citizen and Draper of London Owners of the good Ship called the P. of London of the burthen of 140 Tuns or there abouts riding at this present on the River of Thames within the Port of London whereof is Master under God for this Voyage T. W. on the one Part and C. D. The grant to freight and hire of the Ship of London Merchant on the other Part Witnesseth That the said A. B. and E. F. have granted and letten the said Ship to freight to the said C. D. and the said C. D. hath hired the said Ship for a Voyage to be made by Gods Grace in manner and form following That is to say 19. The said A B. and E. F. for them and either To stay so long in the Toames before Lading of them their and either of their executors and administrators do covenant and grant by these presents to and with the said C. D. his executors and administrators and either of them in manner and form following that is to say That the said Ship shall ride and â—arry within the River of Thames in the Port aforesaid until the tenth day of c. next ensuing the Date hereof and shall receive into her all such goods wares and Merchandizes which it shall please the said C. D. his factors or assigns there to charge and To receive in Lading lade into and aboard her before the said tenth Day of c. and not to receive into the said Ship before
and a boy which men and boy or so many of them as shall be useful shall be ready at all times convenient during the said Voyage with the cock or boat of the said Ship to serve the said Master his Factors or Assigns to and from the Land Here add their mutual obligation to perform the Covenants vide Devant pla Sect. 17. Another where the Ship is let for twelve Months and the hire to be at a certain Sum by the Month. 28. IN the Name of God Amen This Part-owners Charter-Partie Indented of Affreightment made the c. Between A. B. and E. F. of c. Part-Owners of the good Ship called the D. of London of the burthen of 200 Tuns or thereabouts now riding at Anchor in the River of Thames within the Port of the City of London of which ship the said E. F. is Master under God on the one Part and C. D. of London Merchant on the other Part. 29. Witness that the said A. B. and E. F. have The ship let to freight by the Month. granted and letten to freight and by these presents do grant and let unto freight the said Ship unto the said C. D. by the Month for and during the space of twelve Months to begin and to be accompted from the departure of the said Ship from Graves-End outward bound upon her present intended Voyage at and for the Rate and Price of c. of lawful Moneys of England by the Month and for such and so long time after the Expiration of the said twelve Months not exceeding six Months more as it shall please the said C. D. his Factors or Assigns to keep the said Ship in his service and â—â—ployment at and for the Rate of the like sum of c. per Month and so and after the same Rate and Price for a lesser Time than a Month accompting the Months as they shall fall out in the Kalendar And that the said Master hath accordingly hired and taken the said Ship by the Month after the Rate and Price aforesaid for a Voyage by Gods Assistance to be made with her as is hereafter mentioned 30. That is to sayâ— the said A. B and E. F. for The ship to be ready to begin the Voyage by a time certain themselves their Executors and Administrators do joyntly and severally covenant and agree to and with the said C. D. his Executors Administrators and Assigns by these presents that the said Ship upon or before the twentieth Day of c. next ensuing the Date hereof Wind and Weather permitting shall be ready to set sail and depart from Graves-End aforesaid upon her said intended Voyage and as Wind and Weather shall permit the perils and dangers of the Sea excepted shall directly sail and apply unto the Streights of G. where the said Ship may safely arrive and lawfully trade not exceeding the Latitude The Voyage of thirty Degrees and further to the South as the said Merchant his Factors or Assigns shall direct and appoint and that the said Ship the perils and dangers of the Sea excepted shall end her said Voyage in the Port of London 31. And further that the said Ship before To take in the Merchants goods her departure from hence and during the time that she shall be in the said service and imployment of the said C. D. his Factors or Assigns by vertue hereof shall lade receive and take into her and also discharge and unlade out of her all such Goods Merchandizes and Lading which she may conveniently stow and carry in her over and above her Victual Tackle and Apparel as the said Merchant his Factors or Assigns shall think to lade into and aboard her and to discharge and unlade out of her 31. And the said C. D. for himself his Executors That the Ship shall finish her Voyage in eighteen Months and Administrators doth covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns by these presents That he the said Merchant his Factors or Assigns shall and will permit and suffer the said Ship with her Ordinance Tackle and Apparel to be safely returned into the River of Thames from the said Voyage and to be there discharged from and out of her said intended imployment at the Expiration of eighteen Months at the farthest to be accompted from the Time of the said Ships entrance into Monthly Pay as aforesaid the perils and dangers of the Sea and necessary Use and Wearing of her Tackle Apparel and Furniture in the mean Time only excepted 32. And further that the said C. D. his Executors The payment of the freight Administrators and Assigns shall and will well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London freight for the said Ship for the said intended Voyage at and after the aforesaid Rate of c. of lawful Moneys of England Monthly to be accompted as aforesaid by the Kalender for every Month that the said ship shall remain and be in the service and imployment of the said Merchant his Factors or Assigns by vertue of these presents and after the same Rate for a shorter Time then a Month That is to say from the Time of the said ships Entrance into her monthly Pay as aforesaid until she shall return into the said River of Thames from her said intended Voyage and be there discharged from and out of her said imployment 33. And that all the Moneys which at and after the Rate aforesaid shall arise and grow due The manner of payment for the freight and hire of the Ship to be payed for the freight of the said ship for her said intended Voyage shall be well and truly payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London in manner and form following that is to say the one ½ or Moyety thereof within ten Dayes next after the return and discharge of the said ship in the said River of Thameâ— and the other Moyety or half Part thereof within three Months next following from and after the Determination and Expiration of the said ten Dayes together with Average Primage and Pettie-loadmenage accustomed 34. Nevertheless it is concluded and fully Other Provision touching the payment agreed upon by and between the said Parties to these presents That in case the said Ship shall be out upon her said intended Voyage the space or time of six Months to be accompâ—ed by the Kallendar as aforesaid And at the end of the said six Months shall be well and in safety in the service of the said C. D. his Factors or Assigns That then the said Merchant his Factors or Assigns shall within three Months next after the Expiration of the said six Months true and
certain Notice or Certificate of such the well being of the said Ship at the end of the said six Months being in the mean time given or let to and for the said C. D. his Executors or Assigns at his now dwelling house in c. well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns so much for freight as at and after the Rate aforesaid shall be due for the said ship for six Months service And further that if the said Ship shall be out upon the said Voyage the space or time of twelve Months to be accompted as aforesaid and at the end of the said twelve Months shall be well and in safety in the service of the said Merchant his Factors or Assigns That then the said C. D. his Executors Administrators or Assigns shall within two Months next after the end and exspiration of the said twelve Months true and certain notice and certificate of such the well being of the said Ship at the end of the said twelve Months being in the mean time given or left in manner and form aforesaid to and for the said C. D. his Executors Administrators or Assigns well and truly pay or cause to be payed unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns in London over and above the said first six Months freight so much for freight as at and after the Rate aforesaid shall be due for six Months more 35. And it is further agreed by and between What Payment in case the Ship return within twelve Months the said Parties to these presents That in case the said Ship shall be returned within the River of Thames from the said Voyage and be there discharged of and out of her said intended imployment before the Expiration of twelve Months to be accompted as aforesaid yet nevertheless the said C. D. his Executors Administrators or Assigns shall pay and allow unto the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns for the said Ship after the Rate aforesaid for the full time of twelve Months to be accompted as aforesaid any thing herein before conteyned to the contrary thereof in any wise notwithstanding 36. And the said C. D. for himself his Executors Allowance to the Master during the Voyage and Administrators dâ—th covenant and grant to and with the said A. B. and E. F. and either of them their and either of their Executors and Administrators by these presents That he the said C. D. his Executors or Administrators shall furnish and deliver during the said Voyage unto the Master of the said Ship for the time being all such Moneys as he shall have occasion to use for buying of Provision and other necessaries and for payment of mens Wages not in the whole exceeding the sum of c. sterling which said Money shall be deducted and allowed from time to time out of the freight or hire for the said Ship that shall respectively grow or become due for the said Ship by vertue of these presents 37. And the said A. B. and E. F. for them their That the ship shall be strong and well furnished Executors and Administrators do joyntly and severally covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That the said Ship at the time of her departure from Graves-End aforesaid shall be strong and stanch and well and sufficiently victualled tackelled furnished and apparelled with Masts Sails Sail-yards Anchors Cables Ropes Boat Boat-oars 25 Pieces of Ordinance Guns Gun-powder Shot Tackle Apparel and Furniture meet and needful for the said Ship and Voyage together with a Master One Hundred and forty Men and a Boy which Men Men and Boy to assist the Merchannt and Boy or so many of them as shall be requisite shall be ready at all Time and Times with the Boat of the said Ship to serve and carry the said Merchant his Factors and Assigns and Goods and Merchandizes of the said Masser according to Custom to and from the Land during the said Voyage 38. And it is further agreed by and between Port-charges how born the said Parties to these presents That all such Port-charges as shall arise and grow due to be payed during the said Voyage and all such Steringree as during the said Voyage shall be used in and about the said Ship shall be payed born and susteined in manner and form following That is to say the one Moiety or half Part thereof by the said Merchant his Executors Administrators or Assigns and the other half Part thereof by the said Part-owners their Executors and Assigns Both to bind themselves to perform the Covenants on each Part to be performed Vid. Sect. 17. Another between Part-owners of a Ship whereby the Sharers of one Moyety letteth to freight their Part to the Sharers of the other Moyety 39. THis Charter-Partie Indented of affreighiment made the c. Between A B. and C. D. of London Merchants Part-owners That is to say Owners of the one Moyety or half Part of a good Ship called the R. of London of the burthen of 300 Tuns with the like Moyety of all the Masts Sails Tackle Apparel Furniture Ordinance and Appurtenances thereunto belonging now riding at Anchor in the River of Thames within the Port of London whereof the said C. D. is Master under God of the one Part And E. F. and G. H. of London Merchants Owners of the other Moyety and Residue of the said Ship with the Masts Sails Tackle Ordinance Furniture and Apparel thereunto belonging on the other Part. 40. Witnesseth that the said A. B. and C. D. The â—erting to freight the Ship have granted and letten to freight and by these presents do grant and let to freight All that their said Part and Moyety of the said Ship and Premises unto the said E. F. and G. H. for a Voyage with her to be made by Gods Grace in manner and form following 41. That is to say That the said A. B. and The first Voyage to unlade Part. C. D. for them their Executors Administrators and Assigns do hereby covenant and grant to and with the said E. F. and G. H. for them and either of them their and either of their Executors and Administrators by these presents That the said Ship being already laden shall with the first good Wind and Weather that God shall send next after the Date hereof by Gods grace the perils and dangers of the Sea excepted directly sayl from the said River of Thames and apply unto the Port of Ligorn in Italy under the Dominion of the Duke of Florence and there shall discharge such Goods and Merchandises as shall be appointed there to be unladen by the said E. F. and G. H. or one of them
directly sail and apple The third Port applied to unto the Island of Terceras and Fyall within the Dominions of c. and there unlade and make discharge of the said Goods and Merchandizes And shall there relade and take into and aboard her again all such Goods and Merchandizes as are there usually laden according to the Order and Direction of the said C. D. his Factors or Assigns and which the said C. D. his Factors or Assigns shall think fit to relade or cause to be reladen aboard the said Ship and which she may conveniently stow and carrie in her as aforesaid over and above her victual tackel and appatel 4. And then the said Ship so being laden The fourth Port applied to at the Island of Terceras and Fyal as aforesaid as Wind and Weather shall serve and the perils and dangers of the Sea excepted shall with her said burden sail teturn and come back to the Island of St. Michael aforesaid and there unlade and make a discharge of the said Goods and Merchandizes and receive into and aboard her there such other Goods and Merchandizes as the said Merchant his Factors or Assigns shall think fit and please to lade into and aboard her and are there accustomed to be laden and which the said Ship can safely stow and carry as aforesaid 5. And then the said Ship with the first The Ships return good Wind and Weather that God shall afterwards send the perils and dangers of the Sea excepted shall directly sail and apply to Dartmouth Plimouth or the Isle of Wight And the said Ship being arrived at one of the said places Notice to be given of Ships arrival he the said A. B. or such Person as shall be Master of the said Ship for the Time being shall from thence send express notice in Writing to be given or left to or for the said C. D. his Executors Factors or Assigns at or in the now dwelling house of the said C. D. scituate in D. near Aldgate London That the said Ship and Goods are safely arrived at one of the said last mentioned places and at such place of arrival the said Ship shall stay and abide the space of ten dayes for Answer and Direction to be returned and given by him Notice of the next application to be made the said C. D. his Executors Administrators Factors or Assigns for the sayling and applying of the said Ship unto Haverdegrace in France or Amsterdam in Holland or to the Port of the City of London the charge of sending a Messenger to give such intelligence as aforesaid to be satisfied and payed by the said C. D. his Executors Administrators or Assigns 6 And according to such Answer and appointment shall with the first good Wind and The Ships discharge Weather that God shall senâ— the perils and dangers of the Sea excepted directly sail and apply either to Haverdegrace or Amsterdam or the Port of London which of the said places the said Ship shall be so ordered or appointed to sail and apply unto And within ten dayes after the arrival of the said Ship at the same Place so to be appointed the said Ship shall make her right discharge of the said Merchants goods and Merchandizes and there to end and finish her said intended Voyage the petils and dangers of the Sea excepted 7. And it is further agreed by and between the said Parties to these presents that the said How long the Ship to stay at each Port. Ship shall tarrie and abide at Nantz the Island of St. Michael and Terceraâ— and Fyal before mentioned for her several discharges and relading at the said several Places as aforesaid the space of sixty Dayes in the whole That is to say at Nantz twenty Dayes at the said Island of St. Michael twenty Dayes and at Terceras and Fyal aforesaid twenty Dayes Within which several times before limited and expressed the said C. D. for himself his Executors and Administrators doth covenant and grant to and with the said A. B. his Covenant to discharge and relatie within the times limited Executors and Administrators by these presents to discharge and relade the said Ship in manner and form aforesaid at the seâ—eral Places and Ports of Nantz St. Michael and Terceras and Fyal before 〈◊〉 8. And within the said space of ten Dayes before limited after notice of the 〈◊〉 of the said Ship as aforesaid aâ— Darrmouth Plimouth or the 〈◊〉 of Wight shall give order and direction to the said A. B. or the master of the said Ship for the time being whether the said Ship shall sail to 〈◊〉 Amsterdam or to the Port of the City of London to make her right discharge and To unlade the Ship by a Tun at her last discharge shall at such Place to be appointed discharge or 〈◊〉 to be discharged and unladen the said Goods and Merchandizes of the 〈◊〉 Ship within twelve Dayes after the Arrival of the said Ship at such appointed Place of discharge as aforesaid 9. And that the said C. D. his Executors 〈◊〉 Factors or Assigns shall 〈◊〉 will well and 〈◊〉 pay or cause to 〈◊〉 payed unto the said A. B. his Executors Administrators or Assigns How much to be paid for the freight freight for the said Ship after the Rate of four pound the Tun of lawful Money of England for every Tun of Goods and Merchandizes that shall be unladen of and from the said Ship at the several Ports and Places before mentioned accompring three Chests of Sugar to the Tun c. and so put down the several proportions that is reputed a Tun at the several Places and then add and for other Goods and Merchandizes according to the usual Custom 10. And that all such sum and siâ—ks of Money When and how paid that shall arise and grow due and payable for the freight and hire of the said Ship as aforesaid shall be satisfied and payed unto the said A. B. his Executors Administrators or Assigns within six Dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam aforesaid which of them shall be appointed as aforesaid for the said Ship to make her discharge at and the same Moneys also to be payed according to the Course of the Exchange at such Place to be appointed as aforesaid 11. And it is agreed by and between the said Parties to these presents that in case the said C. What to be paid for freight if the Ship do not fully lade D. shall not fully lade the said ship at the Ports and places aforesaid appointed for the Lading thereof or any of them yet nevertheless the said C. D. his Executors Administrators or Assigns shall well and truly pay or cause to be payed unto the said A. B. his Executors Administrators or Assigns at and after the Rate of four pound the Tun for so many Tuns as the said ship can or may conveniently stow and carry in manner and form
her departure any of the goods or merchandizes of any other person or persons whatsoever except the said C. D. without the special consent and agreement of the said C. D. his Factors or Assigns first thereunto had and obtained except three Dacks of Merchandizes freight-fee of the said E. F. 20. That the said Ship with the first good Wind and Weather that God shall send next after The second place where the Ship is to receive more lading the said tenth day of c. shall depart and sail from the Port of the said City of London with the said received Goods of the said C. D. the perils and dangers of the Sea excepted unto Gore-End within the Realm of England where she shall tarry and abide the space of twelve dayes next ensuing her first arrival there at an anchor there to receive into her freight Fee as much Corn as she can safely stow and carry over and besides her Victual Tackle Apparel and Furniture and over and besides the said Goods by her received at London as aforesaid 21. And moreover that the said Ship with The place applied to for discharge and reladeing the first good Wind and Weather that God shall send next after the end and exspiration of the said twelve dayes shall directly sail the dangers and perils of the Sea excepted from Gore-End aforesaid unto L. within the Realm of P. as near to the said Town as she may safely arrive to make her right discharge where the said ship shall tarrie by the space of forty dayes next ensuing her first arrival there at an anchor as well to discharge Time given to discharge and relade the said Goods received into her within the said Port of London and at Gore-End as aforesaid as also to relade and recharge into her the said ship 140 Tuns in the whole of such goods wares and merchandizes as it shall please the said Merchant his factors or assigns there within the said forty Dayes to lade in and aboard the said ship before her departure and not there to receive any other goods of any other person or persons whatsoever except what shall be laded as aforesaid accompting so much to every Tun and here seâ— down how much of each particular shall be accompted to the Tun if it may be 22. Nevertheless it is agreed by and between the said Parties to these presents And the said A. B. and E. F. for them and either of them their and either of their executors and administrators do covenant and grant to and with the said C. D his More dayes given to lade in if the other suffice not Executors and Assigns by these presents That if the said C. D. his factors or assigns cannot within the said forty Dayes lade the said ship at L. as aforesaid that then the said ship shall there tarrie and abide the space of ten Dayes next after the End and Expiration of the said forty Dayes 22. And that the said ship being as is before mentioned laden at L. aforesaid shall with The discharge of the Ship the first good Wind and Weather that God shall send next afâ—er the Expiration of the said abiding Dayes or so soon as she shall be laden directly sail from thence the dangers and perils of the Sea excepted and apply to A. or London or such of the said places where it shall please the said Merchant his Factors or Assigns that the said ship shall make her discharge 23. And the said C. D for himself his Executors To charge and discharge the Ship within Time limited Administrators Factors and Assigns and for every of them doth Covenant and Grant by these presents to and with the said A. B. and E. F. and either of them their and either of their Executors Administrators and Assigns that he the said C. D. his Executors or Assigns shall and will within the said Ports of London and Gore-End charge and lade the said Ship within the Times before limited and appointed for the same and shall and will discharge and relade the said Ship at L. aforesaid within the Kingdom of P. within the Times before limited and appointed for the same And shall and will discharge and unlade the said Ship at London or A. aforesaid within the Time and Space of c. Dayes 24. And also that he the said Merchant his To give noticâ— where to discharge Factors or Assigns shall and will within the said abiding Dayes at L. aforesaid and so soon as the said Ship shall be there as is aforesaid laden give notice unto the said Master or his Assigns where the said Ship shall make her right Discharge that is to say whether at A. or at London aforesaid 25. And that the said C. D. his Factors or Assigns shall well and truly pay or cause to be Payment for freight of the Ship payed unto the said A. B and E. F. or one of them their or one of their Executors or Assigns for every Tun of the said Ships lading that shall be discharged at L. aforesaid the sum of c of lawful Moneys of England and for every Tun that shall be discharged or unladen out of the said Ship at A. or London aforesaid the sum of c. of like Moneys which said Moneys shall be payed in manner and form following That is to say The one Moiety thereof within ten Dayes next after the said Discharge of the said Ship at A. or London as aforesaid And the remaining Moiety thereof within one Month next after the End and Exspiration of the said ten Dayes together with Petie-loadmenage Primage and Average wont and accustomed 26. And that the said C. D. his Factors or Payment for demorage Assigns shall and will for every Day that the said Ship shall tarry and abide at L. aforesaid over and above the said forty Dayes truly pay or cause to be payed to the said A. B. and E. F. or one of them their or one of their Executors Administrators or Assigns the sum of c. of lawful Moneys of England at the Day and Time when the last Moneys payable for the freight of the said ship is to be payd by the true intent and meaning of these presents 27. And the said A. B. and E. F. do covenant That the Ship shall be able to receive into her 140 Tun and be well furnished c. grant and warrant by these presents to and with the said Merchant that the said Ship shall be able to receive into her under-Hatches at L. aforesaid over and besides her Victual Tackle and Apparel the said quantity of 140 Tuns and that the said Ship is and shall be strong and stanch and well and sufficiently victualled tackelled apparelled and furnished with Masts Sails Sail-yards Anchors Cables Ropes Cordes Gun-shot Gun-powder Artillerie Tackle Apparel Boat and Furniture meet and convenient for such a Ship and for such a Voyage together with an able Master twenty six able men
their or one of their Factors or Assigns And from thence shall sail and take her direct course as Wind and Weather shall serve with as much speed as may be the perils and The second place of application to unlade and relade dangers of the Sen excepted unto the Island of 1. in Grecia under the Government of the Seigniorie of Venice and there shall stay and abide by the space of forty Working Dayes next after her first Arrival there to unlade such Goods and Merchandizes as is or shall be there appointed as aforesaid to be unladen and within the said time shall relade such Goods Wares and Merchandizes as the said E. F. and G. H. or either of them their or either of their Factors or Assigns shall think fit to charge and relade aboard and into the said Ship that is to say so much as the said ship can conveniently slow and carry over and above her Victual Tackle Ammunition Apparel and Furniture 42. And that the said Ship with her said Her return for her last discharge burthen shall with the first Good Wind and Weather that God shall send after the Exspiration of the said forty Dayes the perils and dangers of the Sea excepted sayl and come from the said Island of 1. unto the City of London or as near thereunto as she conveniently may for her right discharge 43. And the said E. F. and G. H. for themselves Payment for the freight and â—ire and either of them their and either of their Executors and Administrators do covenant and grant to and with the said A. B. and C. D. and either of them their and either of their Executors Administrators and Assigns by these presents That they the said E. F. and G. H or one of them their or one of their Executors Administrators or Assigns shall and will truly pay or cause to be payed to the said A. B. and C. D. or one of them their or one of their Executors or Administrators within the City of London for every Tun of such Wares and Merchandizes as shall be laden and unladen in the said Ship during the said Voyage the sum of c. accompting so much to the Tun c. for the Part and Interest of the said A. B. and C. D. in the said Ship and for and in respect of the freight and hire of their Part of the said Ship which said Money is to be payed in manner and form following That is to say one third Part thereof upon the right discharge of the said Ship and one other third Part thereof within the space of six Weeks then next following and the other remaining third Part thereof within the space of three Months next ensuing after the end and determination of the said six Weeks 44. And the said A. B. and C. D. for them and That the Ship shall be strong and well furnished either of them their and either of their Executors and Administrators do covenant and grant to and with the said E. F. and G. H. their Executors and Administrators by these presents That the said Ship for their Part shall be strong and stanch and well and sufficiently tackelled and apparelled with sayls sayl-yards anchors cables ropes Gun-shot Artillerie Gun-powder and all other Instruments Tackle and Apparel needful and necessary for such a Ship and for such a Voyage together with an able Master fifty six Men and a Boy and a Cock-boat which Men and Boy shall be alwaies ready at all due times with the said Cock-boat of the said Ship to serve the said E. F. and G. H. or one of them their or one of their Factors or Assigns to and from the land during the said Voyage and to discharge and relade Mutual Obligations to perform Covenants the said Ship as occasion shall serve 45. And to the Performance of all and every Covenants Grants Articles and Agreements on the Parts and behalfs of every of the said Parties truly to be holden performed and kept in all things as is aforesaid the said Parties to these presents do bind themselves one to another That is to say the said A. B. and C. D. do by these presents bind themselves and either of them and their several Executors and Administrators and goods and their Part and Interest in the said Ship with the Furniture thereof to the said E. F. and G. H. and to their Executors and Administrators And the said E. F. and G. H. do in like manner bind themselves and either of them their and either of their Executors Administrators and Assigns and all their Goods and their Interest in the said Ship to the said A. B. and C. D. their Executors and Administrators in the sum or penalty of One thousand Pound of lawful Moneys of England by the Party or Partys infringing the said Covenants or any of them to the other Party or Parties observing truly to be payed by vertue of these presents In witness Another between the Owners of a Ship and a Merchant for the Lading thereof with Salt and discharging the same in Ireland 45. THis Charter-Partie Indented made the c. Between A. B. and C. D. of London Grossers Owners of the good Ship called the D. of London of the burthen of eighty Tuns or thereabouts whereof is Master for the present Voyage I. N. on the one Part And E. F. of Dublin in Ireland Merchant on the other Part Witnesseth that it is covenanted concluded and agreed by and between the said Parties in manner and form following 47. That is to say the said A. B. and C. D. The voyage to lade the ship for them their Administrators and Assigns and for every of them do covenant and grant to and with the said E. F. his Executors Administrators and Assigns and either of them by these presents That the said Ship within the space of eight Dayes now next ensuing or so soon after as Wind and Weather will permit shall at the charge and aduenture of the said Owners depart from and out of the Port of London aforesaid where she now rideth at Anchor and from thence shall keep direct course and shall fail as Wind and Weather will permit the perils and dangers of the Sea excepted towards some of the Bayes for Salt within the Kingdoms or Territories of France Spain or Portugal And that the said A. B. and C. D. their Factors or Agents at their or some of their costs and charges shall there with all convenient expedition fully freight and lade or cause to be laden the said Ship with good and merchandable Salt 47. And shall then immediately as Wind To sail with the Ships lading to Dublin and Weather shall serve at their like Adventure and Hazard as aforesaid depart from the said place of Lading with the said Ship and her burthen towards the Port of Dublin in Ireland and that for the attaining to the said Port of Dublin the said Master and his Marriners with all good
Endeavour according to their Knowledge and Vnderstanding shall set and apply their course without any fraud or covin 48. And that so soon as the said Ship To give notice of her arrival shall have finished her said appointed Voyage and shall arrive in safety with her said Lading in the Port of Dublin aforesaid that then in the said Port the said Ship shall ride at Anchor in the Common Place of Anchorage there called the Pool of Clumm-Turf and that then within one Day next after the said arrival there the said Master or Owners or one of them or some of their Factors Agents or Messengers shall signifie and give notice of the said Arrival of the said Ship unto the said E. F. his Executors Administrators Factors or Assigns at the now dwelling house of the said E. F. in Dublin aforesaid and then and there shall be ready to deliver all the Salt laden into the said Ship which shall be seventy Tans at the least after the Rate of four Burdeux Hogsheads to every Tun in measuring to be once shaken and then being full to be strucken To deliver the salt clear from former charges off And then and there the said Owners Factors or Assigns shall in form aforesaid deliver the said Salt into the Port of Dublin aforesaid to be brought in the said Ship unto the said E. F. his Factors or Assigns of and from aboard the said Ship into their Loyter or Loyters to be brought and layd close aboard the said Ship the said Salt being cleared and freed of and from all and all manner of former charges of what kind or sort soever 49. And the said E. F. for himself his Executors Administrators and Assigns doth covenant Payment for the salt and grant to and with the said A. B. and C. D. their Executors Administrators and Assigns by these presents that upon notice given unto the said E. F. his Executors Administrators or Assigns of the said Arrival of the said Ship in the said Port of Dublin he the said E. F. his Executors Administrators Factors or Assigns shall and will be ready to take and receive her said Lading of Salt in manner and form aforesaid with all reasonable and convenient expedition And within ten Dayes after the receipt thereof shall at the dwelling house of c. pay and content or upon good and true accompt according to the intent and true meaning of these presents allow to the said Owners their Factors or Assigns the sum of ten shillings of lawful Moneys of England for every Hogshead of the said Salt to be delivered to the said E. F. his Executors Factors or Assigns as aforesaid 50. And the said E. F. in Part of Payment Part of the hire before hand payed for the said Salt hath at the ensealing and delivery of these presents before hand contented and payed unto the said Owners of the said Ship One hundred pound of lawful Moneys of England so to be reckoned accompted and defalked at the time of the Delivery of the said Salt Which said sum of One hundred Pound they the said Owners do acknowledge by these presents That they have had and received accordingly and thereof and of every Part thereof do clearly acquit and discharge the said E. F. his Executors Administrators Factors and Assigns and every of Covenant to repay if Ship miscarry them by these presents And do hereby Covenant and grant to and with the said E. F. That in case the said Ship or Goods should fortune to miscarry in the said Voyage That then they will repay back again unto the said E. F. his Executors Administrators or Assigns the said sum of One hundred Pound on c. In witness CAP. II. Conteyning the several forms of Bills of Credit of Adventure of Bottombrie Assurance of Goods and Letters of Licence and Composition from Creditors to Debtors A Bill of Credit 1. THis Present Writing witnesseth That A. B. binds himself to pay what C. D. shall intrust E. F. with I A B. of London Alderman do undertake to and with C. D. of the City of Y. Merchant his Executors and Administrators That if he deliver to E. F. of c. or to his Assigns to his use any sum or sums of Money not exceeding in the whole the sum of Three hundred Pound of lawful Moneys of England And shall take a Bill under the hand and seal of the said E. F. for the same acknowledging testifying and shewing the certainty thereof That then I the said A. B. my Executors or Administrators having the said Bill delivered to me or them shall presently upon receipt of the said Bill pay or cause to be payed to the said C. D. his Executors or Assigns all such sum or sums of Money not exceeding the said sum of Three hundred Pound as shall be conteined in the said Bill to which payment well and truly to be made I bind my self mine Executors and Administrators firmly by these presents In witness whereof I have hereunto set my hand and seal the Day of c. A Bill of Adventure for a Bale of Cloath 2. TO all c. I A. B. of London Merchant Recital of the consignment of the Cloath do send greeting Whereas I the said A. B. did about two Months since consign to C. D. Merchant in Ligorn in Italy three Bales of Suffolk Cloath of the Number 1. 2. 3. which Bales were all layed on board the Ship called the Royal Exchange of London of the barthen of Three hundred Tuns or thereabouts whereof W. T. is Master under God for the accompt of me the said A. B. 3. Now know ye that I the said A. B. do Acknowledgment that the adventâ—re of Part belongs to E. F. hereby confess acknowledg and declare that one of the said Bales of Cloath that is to say that which is marked with the Figure 3. doth properly belong unto E. F. of c. the Adventure whereof the said E. F. is to bear out and home 4. And I the said A. B. do hereby for me mine Executors and Administrators covenant and grant to and with the said E. F. his Executors Administrators and Assigns as well to make and give to him them or any of them a true To make a true accompt of the proceed and just Accompt of the Sale and Proceed of the said Bale of Cloath number 3. but also to pay to him or them all such Money Goods and Benefit as by the foot of any such Accompt shall appear to be due and coming unto him or them for or in respect of the said Bale of Cloath In Witness c. Another for Money in a Voyage to the East-Indies 5. TO all c. I A. B. of London c. do The intended Voyage send greeting whereas I the said A. B. do intend by Gods Grace to make a Voyage unto the East-Indies in the good Ship called the Pearl of London being now thither bound whereof is
Master under God C. D. And whereas E. F. of c. the day of the date hereof hath payed and delivered unto me the said A. B. the sum The Money adventured of fifty pound of lawful Moneys of England whereof I do hereby acknowledge the Receipt the Adventure of which said fifty pound the said E. F. is content and agreed to bear and stand to out and home 6. Now know ye that I the said A. B. do To imploy it to the best advantage covenant and grant for me mine Executors and Administrators to and with the said E. F. his Executors Administrators and Assigns by these presents That I the said A. B. my Executors Administrators or Assigns shall and will dispose convert and imploy the said fifty pound to and for the best and most benefit and advantage of the said E. F. his Executors Administrators or Assigns according to the best of my skill and knowledge in the said Voyage 7. And also that I the said A. B. mine Executors To make accompt and pay the profit of the adventure Administrators or Assigns within thirty Dayes after my return from the said Voyage or the Arrival and Discharge of the said Ship within the Port of London which shall first happen shall not only give and deliver unto the said E. F. his Executors Administrators or Assigns a just and true accompt of the Disposition and Management of the said Adventure but also truly pay and deliver or cause to be payed and delivered unto the said E. F. his Executors Administrators or Assigns all such Money and Proceed as shall by the foot of the said accompt appear to be due and coming to him the said A. B. his Executors Administrators or Assigns In witness c. Another upon a Man of War 8. TO all c. I A. B. Owner of a fourth Owner of a fourth Part. Part of the good Ship called the Mermaid of Pool of the burthen or Portage of One hundred Tuns or thereabouts and also of a fourth Part of all the Tackle Apparel Ammunition Furniture and Artillery to the said Ship belonging and also of the one fourth Part of the Victual and Provision to and for her now provided That the Ship is outward bound for a man of War and appertaining do send greeting 9. Whereas the said Ship called the Mermaid is now outward bound for a Man of War by way of Reprisal under the conduct command and guidance of W. B. Captain thereof And whereas C. D. E. F. and G. H. of c. have payed and delivered unto me the said A. B. forty pound sterling to be adventured upon gain and loss upon the said fourth Part of the said Ship Furniture The adventure and Victual in her next Voyage to Sea 10. Now know ye that I the said A. B. for That adventures shall have a due proportion mē mine Executors and Administrators do covenant and grant to and with the said C. D. E. F. and G. H. and every of them their and every of their Executors Administrators and Assigns by these presents That I the said A. B. mine Executors and Administrators shall and will from Time to Time hereafter not only come to a true and just accompt with them the said C. D. E. F. and G. H. or one of them their or one of their Executors or Administrators for all such benefit advantage gain and increase as shall from time to time be made or come of for or in respect of the said forty pound so adventured as aforesaid but also from time to time to satisfie and pay unto the said C. D. E. F. and G. H. their Executors or Assigns or to one or more of them in the behalf of the rest such shares parts and proportions as shall be made or grown of and for the said Ship Furniture and Victual as also of all prizes by her to be taken rateable and proportionable according to the gradual rate of a greater or lesser sum or share that shall be had or received by any other Owner or Part-owner or Adventurer in or of the said Ship Furniture and Victual In witness c. Another upon a Man of War and several other Ships taken into consortment with her 11. TO all c. whereas I the said A. B. have Recital of the intended voyage prepared victualled and fitted to sail for a Voyage to the East-Indies as a Man of War in case of Reprizal a good Ship called the Mary of London and certain other Ships by me after to be taken into consortment with her by and under the power and vertue of a certain Commission to me made and granted by and from c. constituting and appointing me Admiral and General of the said Fleet and for and towards the furnishing fitting victualling arming and setting forth to Sea of the said Ships I the said A. B. before the ensealing and delivery of these presents have had and received of and from E. F. Of the adventure of c. the sum of fifty pound sterling upon the adventure of the said Ship and Ships in the said Voyage And the said E. F. is contented to adventure the said sum of Money upon the said Ship and Ships during the said Voyage in the same manner and form as other adventurers do 12. Now know ye that I the said A. B. That the adventure shall have his proportion have covenanted granted and agreed and do by these presents for me mine Executors and Administrators covenant grant and agree to and with the said E. F. his Executors and Administrators and every of them That he the said E. F. his Executors and Administrators for and in consideration of the said sum of fifty pound so by him adventured as aforesaid shall have and receive to his and their own use and uses such a ratable part share and proportion as other Adventurers on the said Ship and Ships are to have or shall have in all and every such prize and prizes goods Iewels Money and other things whatsoever which shall be had taken obteined attached atchieved or gotten either by Sea or Land during the said Voyage or by reason thereof by or with the said Ship or by or with any other Ship or Ships Vessel or Vessels that shall be in consortment or fellowship with her or by the means of them or any of them in or during the said Voyage or which shall be to the said Ship or Ships or any of them by reason or means of the Voyage aforesaid appertaining or belonging as according to the just rate and proportion of fifty pounds the same shall amount unto the due and necessary charges pertinent and belonging to the said Voyage being out of the whole first deducted In witness c. The Form of a Bill of Bottombry 18. TO all c. I A. B. Owner and Master of the good Ship called the 1. of London of the burthen of One hundred Tuns or thereabouts now
of Thames upon the said intended voyage and that she shall by Gods grace the perils and dangers of the Sea and restraint of Princes and Rulers excepted be returned unto the River of Thames from her said voyage before the expiration of fourteen Months to be accounted from the date of these presents And that the said Ship in her said intended voyage shall not sail or apply her self unto any other Ports or places Not to sail to other Ports than are mentioned than those that are before mentioned herein unless she shall be necessitated thereunto by extremity of weather or some other unavoidable accident 23. That I the said A. B. mine Executors Administrators of Assigns shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at c. the sum of one hundred and thirty pounds of The payment of the freight or hire and how like lawful mony of England in respect of the adventure aforesaid if the said Ship shall go from thence onely unto the said Island of Barbadoes and so from thence return to London to end her said intended voyage and the sum of one hundred and forty pound of like moneys if the said Ship shall go from hence unto the said Island of Barbadoes and from thence to the said Island of May and so return again to the Island of Barbadoes and from thence to London to end her voyage And that within one month after the return of the Hull or Body of the said Ship unto the River of Thames from the said Voyage 24. Provided alwaies nevertheless and it Proviso to make void repayment c. if this be lost is the true intent and meaning of these presents and of all the parties hereunto That if the said Ship in this present intended Voyage shall happen to be lost miscarry or be taken by Men of War or Pirats which God forbid that then this present Writing or Deed and every Covenant payment matter and thing therein contained on the part and behalf of the said A. B. to be done payed and performed shall be utterly void and of none effect And that then I the said A. B. my Executors or Administrators shall not be any waies chargable or lyable to pay the said several sums before mentioned or either of them or any part of them to the said C. D. his Executors Administrators or Assigns but that he and they are to lose the same and every part thereof Any thing herein before contained to the contrary hereof in any wise notwithstanding 25. And it is agreed by and between the Not to run any longer hazard than fourteen months said Parties to these presents That in case the said Ship shall not be returned into the said River of Thames from the said intended Voyage at the end of fourteen months to be accounted from the day of the date of these presents and that at the end of the said fourteen months there shall not be a just proof made of her loss happening within the time aforesaid That then I the said A. B. mine Executors Administrators or Assigns shall and will within twenty daies next after the end and expiration of the said fourteen months well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns at the place of payment aforesaid the said sum of one hundred and thirty pound in case the said Ship shall not go unto the Island of May aforesaid and the said sum of 140 pound in case the said Ship shall go unto the said Island of May as aforesaid And that the said C. D. shall not run the hazard and adventure of the said sum by him adventured as aforesaid upon the body of the said Ship any longer than fourteen months to be reckoned and accounted as aforesaid The Condition of a Bond upon the same 26. THe Condition of this Obligation is To perform Covenants c. in the bill contained such That if the above-bounden A. B. his Executors Administrators or Assigns shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments and Agreements and all things which on his or their parts and behalves are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Bottombry or adventure of the Date above written made by and from the said A. B. by the name of A. B. of c. Master and Part-owner of the good Ship called the F. of London of the burthen of Two hundred Tuns or thereabouts now riding at Anchor in the River of Thames unto the above named C. D. in and by all things according to the purport and true meaning of the said Writing or Bill of Bottombrie or adventure that then c. Or there may be a sale of the Ship by a collateral Deed for better security with this following Proviso in it 27. Provided alwaies nevertheless That To perform Covenants c. if I the said A. B. mine Executors and Administrators shall and do well and truly observe perform pay fulfil and keep all and every the Covenants Grants Articles Payments Agreements and other things which on our or any of our Parts are or ought to be observed performed payed fulfilled and kept mentioned and conteined in a certain Writing or Bill of Adventure of the Date of these presents made by me the said A. B. unto the said C. D. That is to say in and by al things according to the tenor and true meaning of the said Writing or Bill of Adventure That then and from thenceforth this present Writing and the Grant Bargain and Sale hereby made of the Premises and every Covenant Matter and Thing herein conteyned shall be utterly void and of none effect Any thing herein before contained to the contrary hereof in any wise notwithstanding In witness whereof c. An Assurance of Goods outward bound 28. IN the name of God Amen We it known What is assured unto all men by these presents That I A. B. of London Gentleman do by these presents assure unto C. D. and E. F. the sum of Thrèe hundred and fifty pound sterling being the full price and value of goods for and on the behalf of the said C. D. and E. F. laden and to be laden aboard the good Ship called the Elizabeth of London of the burthen of One hundred Tuns or thereabouts the Master of the said Ship being now T. B. or whosoever else shall go as Master of the said Ship and out of the Port of London To what Place unto the Island of c. in the Parts beyond the Seas then the said Ship to be arrived and the goods discharged and layd on land in good safety And that this present writing of Assurance shall be of as good force and strength to all intents and purposes as if I the said A.
Duties and Sum and Sums of Money as by reason or means of the said trade or copartner-ship shall be due or owing unto them from any Person or Persons so speedily as may be from time to time And shall not at any time or times hereafter without the consent of the rest do or procure or cause to be done or procured any act device or thing to prejudice hinder or retard the Recovery obteyning or getting in of the said Debts or any of them 8. And if it shall happen that the said Parties Trusting by either Party against consent of any of the rest or any of them shall trust or deliver out upon Credit or Confidence any of the Goods Wares Moneys or Merchandizes belonging to the said joynt accompt to any Person or Persons whom any other of the said Parties shall pray admonish or warn not to trust that then and so often such of them the said Parties which shall so trust and deliver out upon Credit any of the said Goods Wares Moneys or Merchandizes to any such Person or Persons shall and will within three Months next ensuing answer and satisfie unto the said joynt stock so much lawful Money of England as the Goods Wares Money or Merchandizes so to be trusted or delivered out as aforesaid shall amount unto in case in the mean time full satisfaction shall not be made for the same by the Person or Persons which shall be so trusted as aforesaid and that in such case such of the said Parties so making satisfaction therefore shall and may have and enjoy the sole benefit of the said Goods Wares Moneys and Merchandizes or things so by him trusted and for which he shall have made satisfaction as aforesaid 9. And that every of them the said Parties To take advise of each other if necessity require and conveniently it may be in all his and their buying and selling dealings and doings touching and concerning the said joynt trade shall desire and take the advise and direction of the rest of the said Parties or some or one of them 10. And that all such detriments and losses Losses by negligence of servants how to be born as shall without fraudulent Practise of any of the said Copartners happen or come to the said partible accompt by the falshood absence or neggligence of any Servant or Servants Apprentice or Apprentices which shall serve or dwell with any of the said Parties shall be born and answered to the said joynt accompt by the Master of such Servant or Servants by whom the same shall be done or permitted 11. And further that none of them the said Not to diminish the joynt-stock Parties shall or will at any time or times hereafter charge the accompt of the said Copartner-ship with any other or more Debts than onely such as shall be pertinent to the same and with such charges only as shall be necessarily and justly disbursed for and about such Goods Wares Commodities or Merchandizes as shall be occupied or imployed in or about the said joynt Trade or Copartner-ship and for and about the Recovery getting in and obteining of such Debts as shall be due and owing unto them by reason thereof Nor at at any time hereafter during the said Not to diminish the joynt-stock space or time of four years shall withdraw or take from the said joynt stock and accompt any Sum or Sums of Money or other things other than such as shall be disbursed for recovery and getting in of such debts incident to the same as are before expressed and mentioned and that without fraude or covin 12. Saving That it shall and may be lawful In what cases they may diminish to and for every of them the said Parties yearly during the said Copartner-ship to have and take out of the said stock belonging to their joynt Trade and Copartner-ship for every of their particular and private expences and occasions as followeth That is to say To the said To each Party two hundred pound a Year A. B. the Sum of Two hundred pound of lawful Moneys of England to the said C. D. the like Sum of Two hundred pound of like Moneys to the said E. F. the like Sum of Two hundred pound of like Moneys and to the said G. H. the like Sum of Two hundred pound of like Moneys 13. And saving also that it shall and may An overplus to E. F. of one hundred and fifty pound a Year be lawful to and for the said E. F. during the said Copartner-ship in respect of his house Rent wherein it is agreed one Part of the business of the said Copartner-ship shall be acted and performed here in England and for the extraordinary Pains of him and his Servants to be taken and performed in and about the said joynt Trade and for his Expences upon and entertainment of Cloathiers yearly to charge upon the said partible Account and be allowed out of the same the Sum of One hundred and fifty pound a Year of lawful Moneys of England over and besides the said Two hundred pound a Year allowed unto him as aforesaid 14. Saving also for the said C. D. in respect of the extraordinary Pains of him and his The like Overplus to C. D. Servants to be taken in and about the said joynt trade and his Expences upon and entertainment of Cloathiers as aforesaid and for his house-Rent wherein it is also agreed that one Part of the joynt business aforesaid shall be acted and performed to charge to the said partible Account and be allowed upon the same the like Sum of One hundred and fifty pound yearly of like Moneys during the said Copartner-ship over and besides the said Two hundred pound yearly to him allowed as aforesaid 15. And saving also that it shall and may be An overplus of One hundred pound a year to G. H. lawful to and for the said G. H. in respect of his extraordinary Pains to be taken in and about the said joynt business and for his dwelling in the said Parts beyond Sea where it is agreed he shall be imployed in and about the said joynt trade and business during the said Copartner-ship there to charge to the said partible Account and to be allowed the same here in England the Sum of One hundred pound yearly of like lawful Moneys of England during the said Copartnership over and above the said Two hundred pound a Year to him allowed as aforesaid 16. Also the Wages and Allowances of any Charges of Servants and Apprentices Servant or Servants to be sent over or of any Apprentice or Apprentices where any shall be sent over and imployed in the said business into the Parts beyond Sea an equal number of Apprentices of each of them the said C. D. E. F. and G. H. being imployed in the said joynt business and also the charge of any Pack-house or Pack-houses to be taken or used beyond the Seas for the said joynt