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A57897 Articles of agreement & subscription between his highness Prince Rupert, and divers noble and honourable persons, and others, undertakers for working of mines royal, in the counties of Cardigan & Merioneth, in the principality of Wales. Rupert, Prince, Count Palatine, 1619-1682. 1670 (1670) Wing R2285; ESTC R220874 8,142 17

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no more unto whom the principal care and management of all affairs relating to the said Undertaking shall be and is hereby committed The said Committee to continue and a new elected as in the eighteenth Article is expressed And that the said Committee shall meet at the Robes Chamber in Whitehall every Tuesday in the afternoon in Term time and during the actual sitting of any Parliament and in the forenoon out of Term and the Parliament not sitting untill further order as in the one and twentieth Article following is expressed At which time and place any other of the said Undertakers may be present and assist therein and have equal Votes with any of the said Committee so alwayes that three of the said Committee at the least be present And that there be in all at the least five of the said Undertakers And it is hereby Declared and Intended That any five or more of the said Undertakers whereof three at the least to be of the said Committee as aforesaid meeting at such time and place as aforesaid and not otherwise shall be accounted a full Meeting of the said Undertakers And shall have full Power and Authority to do any Act or make Orders relating to the said Undertaking as fully as if the said Undertakers were all present And that whatsoever Orders shall be made by such number so meeting as aforesaid or by the major part of them shall be good and effectual to all intents and purposes untill the same shall be reversed by subsequent Order of the Undertakers as aforesaid except alwayes that the Acts and Orders of such number and Meeting shall not be effectual and binding in such cases as shall be particularly named in the one and twentieth Article following And it is hereby Agreed That Sr. Paul Neile Present Committee Knight Sr. Francis Cobb Knight Thomas Henshaw Esq Dr. Williams James Hayes Esq John Ball Esq John Wright Esq Edmond Warcupp Esq and Mr. Henry Kempe shall be the present standing Committee untill a new one shall be elected as in the nineteenth and one and twentieth Articles following is expressed 17. Manner of Voting 17. That in all cases where it shall come to a Vote in any Meetings or Committees relating to the said Undertaking every person and persons subscribing and paying in one hundred pounds shall have one Vote and likewise subscribing and paying in two hundred pounds shall have two Votes and so for the third hundred three Votes But that no person whatsoever shall have more than three shares or proportions or more than three Votes nor shall any person be admited to give more Votes than one unless five of the said Undertakers at the least shall be personally present in such manner as in the sixteenth Article precedent is expressed And that no person whatsoever shall have more Votes than one in any case relating to the ordering or disbursing of money or sharing of profits or stating and allowance of any Accounts or altering of these present Articles or any of them 18. Manner of Voting in case a share fall into more hands than one or in case of a Feme or Infant 18. That where in any case by the death of any of the Undertakers or otherwise the share and proportion of any such person or persons shall happen to fall into more hands than one such share and proportion shall be accounted but as one in the said several hands and that such persons into whose hands the said share and proportion shall fall shall have no Vote amongst the said Undertakers unless one of the said persons shall happen before to be one of the Undertakers But otherwise the said several persons shall make a Proxie of one of the Undertakers who shall and may give a Vote in the right of such a share and proportion so long as it shall so continue in several hands as aforesaid the same Rule to hold place where such share or proportion by death or assignment shall happen to come to any Woman or Infant or to any other person who shall not be allowed and approved by the said Undertakers or any five or more of them whereof three at the least to be of the standing Committee in the sixteenth Article expressed according as by the sixth Article precedent is Ordered and Appointed 19. Last Tuesday in Mich. and Trinity Terms a general Meeting 19. That every last Tuesday in the Terms of St. Michael and the Holy Trinity yearly shall be esteemed a general Meeting of the said Undertakers on every of which dayes at such time and place as in the sixteenth Article precedent is expressed every of the said Undertakers shall be and is hereby obliged to be present and assisting Names to be called and every person absent to forfeit 20. s. and the Names of every person then having any share shall be called and every person that shall not be present at the said time without sufficient cause to be allowed shall forfeit the summe of twenty shillings such penalties to be deducted as in the next following Article And it is hereby Declared and Agreed That on the said last Tuesday Last Tuesday in Mich. Term Committee to be chosen in the Term of St. Michael yearly choice shall be made of the standing Committee in the sixteenth Article expressed for the year from thence next ensuing who shall have such and the like power and authority as by these presents is given and appointed unto the said Committee And that at the said time and place such and so many of the said Committee for the present year shall be continued and so many new elected to the number of nine and no more in all as to the said Undertakers or the major part of them then present acording to the twentieth Article following shall seem good But if it should happen no Election to be made on the said day that then the said Committee for the year precedent to have the same power and authority as before untill a new Election be made according to the said one and twentieth Article 20. Forfeitures to be deducted out of the profits 20. That all such Penalties Forfeitures and Mulcts as shall happen to be made in any cases relating to the said Undertaking shall be deducted out of the dividend and proportion of the profits of such share and proportion and shall be pay'd to the Clerk for such uses as by the standing Committee or any three of them shall be appointed 21. In what cases and in what manner Orders shall be binding 21. That in all cases of making or discharging any Officer relating to the said Undertaking or of taking any other Lease or working any other Mine or Mines than in the seventh Article precedent is and are particularly mentioned or touching the admittance of any new Member or Adventurer in the said Undertaking or the choice of any Member into the standing Committee upon the death or displacing of any of them or touching and concerning the expending and ordering out of any summe or summes of money exceeding the summe of twenty pounds at one time or touching and concerning the allowance of any Accounts audited and stated or touching the allowance of any division and sharing of profits or touching and concerning the increase or alteration of these present Articles and Agreements or any of them no Order shall be effectual to bind the said Undertakers unless the same be made at such Meeting of the said Undertakers and such place as in the sixteenth Article precedent is expressed And that the said Order so made be ratified and confirmed by his Highness Prince Rupert and the Lord Ashley or one of them under his or their hands or by such person or persons as at the yearly Election of the standing Committee as the same by the nineteenth Article is limited shall have such power and authority given them as by this present Article is given to his Highness and the Lord Ashley as aforesaid which Order so made and ratified as aforesaid shall be effectual and binding in all and every the cases aforesaid To the well and truly performing of all and every of which Articles and Agreements according to our several shares and proportions hereunto subscribed We the said Undertakers do mutually and reciprocally bind our selves our several and respective Heirs Executors and Administrators by these presents Witness our Hands and Seals this said nineteenth day of April in the said two and twentieth year of the Reign of our said Soveraign Lord Charles the Second over England c. Annoque Dom. 1670. FINIS