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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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Intituled to Thirty Shares the said Samuel Trotman hath and is Intituled to Ten Shares the said William Nicholas hath and is Intituled to Twenty Shares the said Joseph Short hath and is Intituled to Twenty Shares the said Richard Stephens hath and is Intituled to Twenty Shares The said George London hath and is Intituled to Thirty Shares the said Henry Simons hath and is Intituled to Twenty Shares the said Henry Grove hath and is Intituled to Five Shares the said John Woodhouse hath and is Intituled to Twelve Shares the said John Oldbury hath and is Intituled to One hundred and fifty Shares the said Thomas Phipps hath and is Intituled to Eighty-two Shares the said Paul Dominique hath and is Intituled to Thirty Shares the said Whitfeild Hayter hath and is Intituled to Two Hundred and Fifty Shares the said Anthony Forty hath and is Intituled to Twenty Shares the said William Wolley hath and is Intituled to Sixty Shares the said Thomas Phipps Junior hath and is Intituled to Twenty Shares the said Richard Chancey hath and is Intituled to Twenty Shares the said Richard Curtis hath and is Intituled to Twenty Shares the said Thomas Frederick hath and is Intituled to Forty Shares the said Gabriel Glover hath and is Intituled to Sixty Shares the said John Glover hath and is Intituled to Fifteen Shares the said Thomas Jeve hath and is Intituled to Twenty Shares the said John Thrale hath and is Intituled to Thirty Shares the said Nathaniel Troughton hath and is Intituled to Sixty Shares the said John Newland hath and is Intituled to Ten Shares the said John Preston hath and is Intituled to Ten Shares the said Edward Grace hath and is Intituled to Ten Shares the said John Hayward hath and is Intituled to Three Shares the said James Hallett hath and is Intituled to Sixty Shares the said Thomas Houghton hath and is Intituled to Two Shares the said Benjamin Rawlins hath and is Intituled to Twenty Shares the said William Stubbs hath and is Intituled to Ten Shares and the said Christopher Smith hath and is Intituled to Five Shares as by the said Transfer-Book relation being thereunto had may more fully and at large appear The Causes that obstructed the working of the Mines And whereas the said Mines have hitherto been unprofitable to the Owners for want of a Stock and of a good Constitution for the Management thereof and by reason of unhappy Differences and Law-Suits amongst the Partners and Five Years of the said Term granted by the said Sir Carbery Pryse is expired and considerable Sums of Money are owing to several Officers Agents and Stewards Miners and Labourers and to several other Person and Persons and are chargeable upon the said Mines All which hath hitherto discouraged the Partners from raising of a Stock And forasmuch as the said Partners do now labour under great Difficulties and Disadvantages in these and other respects For removing of all which Obstructions and for raising a Stock of 20000 l And whereas the said Sir Humphrey Mackworth taking the Premises into Serious Consideration and to the end that the said Mineral Works may be set on work and carried on to the best Advantage hath acquainted the said Partners that within six Days after the Execution of these Presents whereby it is intended the said Trustees and Partners shall Assign and Transfer the said Mines and Premises unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pit for and during the residue of the said Term of Two and twenty Years and an Half yet to come and unexpired under the Trust and Management herein after mentioned and expressed He Sir Humphrey Mackworth undertakes within six days after the Execution of these Presents to propose an Expedient the said Sir Humphrey Mackworth will propose and open to the said present Partners an Expedient for clearing all the Debts wherewith the said Mines now stand charged and for raising the Sum of Twenty thousand Pounds for a Stock for carrying on the Working of the said Mines without any Premium or Repayment of either Principal or Interest and for paying or securing to such of the said Partners as shall be unwilling again to become Advenuturers with the said Sir Humphrey Mackworth under such Proposals as he shall make the Sum of Twenty Pounds for every Share they now respectively have in the said Mines The Advantages thereof And for as much as it is intended that the said Partners and their Assignees who shall become Adventurers with the said Sir Humphrey Mackworth under such Proposal as he shall make shall be thereby delivered from an Arbitrary Management of the said Mines and have the Benefit of an equal and fair Constitution And also have Five Years added to their Term which is computed by the present Steward of the said Mines to be worth in Reversion after the Expiration of the said Term in being several Hundred thousand Pounds And whereas it is thereby intended That a Stock of Twenty Thousand Pounds clear of all Debts paid and discharged shall be raised whereby the Interest of the said Mines and Premises will be advanced to Five times the Value they were before The Consideration And forasmuch as the said Sir Humphrey Mackworth doth not require or insist upon any other Consideration for the Premises but only liberty of distributing a moderate Share thereof to Charitable Uses whereof One Moiety will issue out of his own and Friends Interest and Shares as an Humble Acknowledgment to Almighty God for the Great and Wonderful Deliverance of him and his Friends at Sea All which is held reasonable by all the said Partners The Intent of these Presents To the end therefore that the said Proposal may be put in Execution all Differences between the said Partners be composed all Debts and Salaries paid and discharged a Stock of Twenty Thousand Pound raised and the said Sir Humphrey Mackworth enabled to establish and settle the several Charities herein and in the said intended Proposal to be mentioned and set forth Now this Indenture witnesseth c. Now this Inventure witnesseth That the said Thomas Done Richard Hore Robert Fowles and Nicholas Baker who are the surviving Trustees in the said last recited Indenture mentioned by the Directions and by and with the Consent of all the said Parties above-mentioned and of the Chair-Man and Committee for the management of the said Mines as aforesaid Testified by their being Parties to these Presents And they the said Partners and every of them as far as in him and them lies and for and in Consideration of the Sum of Five Shillings to them and every of them in Hand paid the Receipt whereof they and every of them do hereby acknowledge The Old Trustees and Partners assign over to the New Trustees have Given Granted Assigned Transferred and Set over and by these Presents do Give Grant Assign Transfer and Set over unto the said Sir Joseph Herne Sir
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
William Hedges Sir Thomas Vernon and Thomas Pit All and Singular the said Mines Ores Minerals and Premises and all the Liberties Authorities and Privileges and all other things thereunto belonging And also all Houses and Buildings Tenements Hereditaments Engines Iron Chests Materials and Utensils whatsoever belonging to used or imployed in or about the said Mines and Undertaking and all other the Premises aforesaid and all and every of their Estate Right Title and Interest Property Claim and Demand whatsoever both at Law and in Equity of into or out of the same hereby above Granted Bargained Transferred or Assigned Premises with the Appurtenances or meant mentioned or intended to be hereby Granted Bargained Transferred and Assigned as aforesaid To have and to hold all and singular the said Mines Ores Minerals and Premises with the Appurtenances unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns for and during all the rest and residue of the said Term of Twenty Two Years and an half yet to come and unexpired under the Trusts Conditions and Limitations and to the several Uses Intents and Purposes herein after mentioned and set forth Edw. Pryse Grants a farther Term of Five Years to the new Trustees And the said Edward Pryse for and in Consideration of the Sum of Five Shillings to him in Hand paid the Receipt whereof he doth hereby acknowledge and for divers other good Causes and valuable Considerations him thereunto moving and by and with the Directions and Consent of the said Sir Humphrey Mackworth testified by his being a party to these Presents hath Given Granted Assigned Transferred and Set over and by these Presents doth Give Grant Assign Transfer and Set over unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns All and singular the said Mines Oars Minerals and Premises hereby Granted Transferred and Assigned or Meant Mentioned or Intended to be hereby Granted Transferred and Assigned with the Appurtenances unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns for and during the further Term of Five Years to Commence immediately from and after the End or other Determination of the said Term of Twenty Two Years and an half above mentioned and fully to be compleat and ended under the several and respective Trusts and Confidences and under the several Conditions and Limitations and to the several Uses Intents and Purposes herein after set forth And it is hereby Declared and Agreed by and between all the said Parties to these Presents That in case the said Proposal to be made by the said Sir Humphrey Mackworth shall be accepted by the Partners or any of them and they or any of them shall become Adventurers with the said Sir Humphrey Mackworth in such Proposal to be made and the same shall take Effect The Beginning of the New Constitution for the Management of the Mines That then for the more certain Regulation and for the quiet and better Management and Government of the said Mines Stock and Premises and of all other Matters and Things relating to the same and to the Intent that no Difference may hereafter arise amongst the Persons who shall be interested in the said Mines Stock and Premises the same from time to time shall be Managed Ordered and Governed during the said Term of Twenty Two Years and an half and the said further Term of Five Years by the Proprietors thereof and their Assigns who shall be Intituled to the Premises above-mentioned in such General Meetings By General Meetings Grand Committees and Private Committees or Courts Particular Meetings or Grand Committees Private Meetings or Select Committees and under such Conditions and Restrictions and in such Manner and Form as is herein after set forth and declared that is to say And first it is Declared and Agreed by and between all the said Parties to these Presents That the most Noble his Grace the Duke of Leeds shall and may and is hereby humbly desired to Preside and be Governor and Chairman of the said Company His Grace the Duke of Leeds Governor of the Company of and in all the said General Meetings Grand Committees and Select Committees herein mentioned for and during the said several Terms of Years above mentioned in Case his Grace the said Duke of Leeds shall happen so long to live And from and after his Decease Sir Humphrey Mackworth Deputy to his Grace That then the said Sir Humphrey Mackworth shall and may Preside and be Chairman of and in the said several Meetings during the said Terms of Years above-mentioned in Case he shall happen so long to live And also that the said Sir Humphrey Mackworth shall and may in the mean time and in the Absence of his Grace the said Duke of Leeds be Deputy Chairman of and in the said several Meetings and Committees aforesaid Every Person who hath Three Shares hath One Vote in a General Meeting for and during the Natural Life of his Grace the said Duke of Leeds And farther That such Persons who shall be Proprietors of or Intituled to Three Shares or more of the said Stock Mines and Premises or the Profits or Proceeds thereof as aforesaid shall and may at such Time and Place as the said Chair-Man for the Time being shall appoint within the Space of Twenty Days next after the said Proposal shall be made accomplished and take Effect Either by himself or by his Deputy or Proxy but No Person is to have more than One Vote tho' he hath ever so many Shares and at such other Time and Times Place and Places as is herein after mentioned and directed either by themselves or their Deputy or Proxy thereunto sufficiently Authorized under their Respective Hands and Seals generally Assemble and meet together by Ten of the Clock in the Morning and then and there by Plurality of Votes that is to say every Person who shall have Three Shares shall have One Vote and no Person whatsoever shall have above one Vote tho' he shall have ever so many Shares except the Chair-Man for the time being Except the Chair-Man by his casting Vote or his Deputy as aforesaid who shall have a casting Vote if occasion be over and above his own single Vote as aforesaid In the Absence of his Grace and Sir H. Mackworth the Chair-Man is to be Elected They the said Proprietors shall and may in the Absence of the said most Noble his Grace the Duke of Leeds and the said Sir Humphrey Mackworth Elect and Constitute one of the said Proprietors having Twenty or more Shares in his own Right to be Chair-Man of the said General Meeting for the Time being a And one Person to be Book-keeper and Cash-keeper And afterwards shall and may Elect and Constitute one Person to be Book-Keeper and
Cash-Keeper and one other Skilful Person to be b And one other to be Manager and Director of the Mines Manager and Director of the said Mines and Mineral Works in the said County of Cardigan And also one other Person to be c And one other to be Paymaster to the Miners Stock-Keeper and Pay-Master to the Miners and Labourers to be employed in and about the said Mines and shall allow every such d And are to Ascertain their Salaries Officer and Agent such Salary and Salaries respectively as they or the major part of them shall think fit e And to Elect 12 Persons besides the Chair-man to be a select Committee And also shall and may Elect and Constitute Twelve Persons besides the said Chair-Man whereof each of them shall have Twenty or more Shares in the said Mines and Premises in their own Right to be a select Committee for the better Management of the said Mines with such Powers and Authorities as is herein after set forth for and during the space of one whole Year then next ensuing and until another Committee shall be chosen in their stead in Manner and Form as is herein after directed and expressed f The Power of a General Meeting to alter Fundamentals c. And it shall and may be lawful too and for the said Proprietors who shall be present at such General Meeting or such of them as shall have the Majority of Votes as aforesaid from time to time and at all times hereafter during the said several and respective Terms to Settle and Establish any Rule Order or Method whatsoever amongst the said Proprietors for the better Government and Management of the said Mines Stock and Premises as they shall think fit provided the same be not Repugnant to or Inconsistent with the Laws of this Realm nor any wise prejudicial to the Right Title or Interest of any other Proprietors of the said Mines and Premises contrary to the true intent and meaning of these Presents The manner of Summoning a General Meeting See p. 9. And it is hereby declared That from and after the said first General Meeting as aforesaid every such General Meeting shall be had and assembled by such Persons and on such due Notice and Summons as is herein after set forth and not otherwise One thousand Shares requir'd to a General Meeting Provided always That no such General Meetings shall or may be held unless there be then present so many distinct Proprietors who shall have One Thousand Shares of and in the said Mines and Premises but any other lesser Number may upon such Summons meet and adjourn from Day to Day and otherwise as they shall see occasion till a full number of Proprietors shall assemble and meet together as aforesaid The Particular Meeting or Grand Committee Wherein every Proprietor who hath 10 Shares hath one Vote And shall meet on every second Wednesday in June without Summons by themselves or Proxies And in Person is to have more than one Vote And it is hereby further Declared and Agreed That every such Person or Persons who shall have or be Intituled to have as aforesaid Ten or more Shares of and in the said Stock Mines and Premises shall or may without any Notice or Summons once in every Year during the said Term on every second Wednesday in June at Guildhall within the City of London if no other Place be appointed within the said City as herein after set forth or else at such other Time and Place within the said City of London as shall be so appointed either in Person or in their Absence by their several and respective Deputy or Deputies or Proxy thereunto sufficiently Authorized under their respective Hands and Seals particularly assemble and meet together by Ten of the Clock in the Morning in all which particular Meetings or Grand Committees so to be held as aforesaid every Proprietor for Ten Shares he shall then have in the Premises shall have one Vote and no one Person shall have above one Vote in any such particular Meeting although he shall have ever so many Shares in the Premises And the said Proprietors who shall be present at any such Grand Committee or such of them as shall have the Majority of Votes as aforesaid In the Absence of his Grace the Duke of Leeds and Sir H. Mackworth the Chair-man is to be Elected shall and may in the Absence of the said most Noble his Grace the Duke of Leeds and of the said Sir Humphrey Mackworth as aforesaid Elect and Constitute one Person who shall have Twenty or more Shares in his own Right to be Chair-Man of the said Grand Committee for the time being who shall have a casting Vote over and above his own Vote or Votes as aforesaid in case of an equality of Votes A New select Committee to be Elected every Year who are to have 20 Shares in their own Right And further the said Proprietors last above mentioned shall and may Elect and Constitute a new elect Committee consisting of Twelve of the said Proprietors besides the said Chair-Man or his Deputy each of them having Twenty Shares in the Premises in their own Right and not as Deputy or Proxy to any other Person or Persons and with such Powers and Authorities as is herein mentioned and declared to continue for a Year and until another Committee shall be chosen in their stead and shall and may from time to time and at all times hereafter as there shall be occasion displace Power of Grand Committee over the private Committee and over all the Officers And to make a Dividend of the Profits But not to lessen the Principal Stock alter and change all or any of the said Officers aforesaid and any one or more of the said select Committee and place others in their place and stead and also increase or lessen the Salaries of all or any such Officer or Officers respectively and all Dividends of the Profits Product Increase and Gain which shall be had made arising and growing out of the said Mines Stock and Premises shall be from time to time made ordered and declared by them and the major part of them in manner aforesaid Provided always That no Dividend shall be made but of such Sum or Sums of Money and Profits of the Premises as shall be gained over and above the principal Stock which shall be kept in an Iron Chest or else in the Royal Bank of England at the Election of the said Grand Committee or the major part of them as aforesaid and from thence issued out for the effectual carrying on of the said Works as is herein after directed The manner of Summoning a General Meeting And all and every General Meeting shall be Summoned and held by Order of the said Grand Committee in manner following that is to say by hanging up a publick Notice thereof in Writing on the first Pillar on the Right Hand near the