A SETTLEMENT OF THE Mine-Adventure. KNow all Men by these Presents, A Recital of the Indenture Quadrupartite, dated 3d. of Aug. 1698. That Whereas by one Indenture Quadrupartite, bearing date the Third Day of August last passed, in the Tenth Year of the Reign of our Sovereign Lord William the Third, by the Grace of God over England, Scotland, France, and Ireland, King, Defender of the Faith, etc. and in the Year of our Lord 1698; and made Between the most Noble his Grace the Duke of Leeds, and others, Partners of the Mines late of Sir Carbery Pryse, of the first Part; Thomas Done of Lincolns-Inn-Fields, in the County of Middlesex Esq Richard Hore of London Goldsmith, Robert Fowls of London Goldsmith, and Nicholas Baker of London Gent. of the second Part; Sir Humphrey Mackworth late of the Middle-Temple, London, and now of Lincolns-Inn in the said County of Middlesex, Kt. and Edward Pryse of Gogarthen in the County of Cardigan, Esq of the third Part: Sir Joseph Herne of London Kt. Sir William Hedges of London Kt. Sir Thomas Vernon of London Kt. and Thomas Pitt of Little-Lincolns-Inn-Fields in the said County of Middlesex, Esq of the fourth Part. Whereby the old trusties and Partners have Assigned over to the new trusties. They the said Thomas Done, Richard Hore, Robert Fowls, and Nicholas Baker, by the Directions, and by and with the Consent of all the Parties thereunto, and of the Chairman and Committee for the Management of the said Mines, testified by their being Parties to the said Indenture, and they the said Partners and every of them, for the Considerations therein expressed, Have Given, Granted, Assigned, Transferred, and Set over unto the said Sir Joseph Herne, Sir William Hedges, Sir Thomas Vernon, and Thomas Pitt, All and singular the Mines, Oars, and Minerals, lying and being in a certain Mountain, Waste, or Common called Bwlchyr Esgairhyr in the Parish of Lanvihangel Generglyn, in the County of Cardigan, within the Boundaries therein mentioned, and all the Liberties, Authorities, and Privileges, and all other things thereunto belonging; To have and to hold all and singular the said Mines, Oars, 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 said Term of Twenty Two Years and a Half, then to come and unexpired, Upon Trust. under the several Trusts and Confidences, and under the Conditions and Limitations, and to the several Uses, Intents and Purposes therein mentioned and set forth, That is to say, The Declaration thereof. That if the said Sir Humphrey Mackworth should at any time within the Space of Twenty Days next ensuing the Date thereof, or within the space of Six Days next after the Sealing and Delivery of the said Indenture by the Parties therein mentioned, The Expedient to be proposed. and every of them Propose and Open to the said Partners, or such of them as should appear at a General Meeting, an Expedient for Clearing and Satisfying all the Debts wherewith the said Mines then stood Charged, and for raising Twenty Thousand Pounds for a Stock for carrying on the Works of the said Mines, without any Premium or Repayment of either Principal or Interest, to the Intent that the said Partners might become Adventurers with him in such New Method as should be proposed for the Purposes aforesaid, in proportion to their several Interests and Shares they then had in the said Mines; or so many of them as should think fit to become Adventurers with the said Sir Humphrey Mackworth. And should at any time before the First Day of August next ensuing the Date of the said Indenture, pay or cause to be paid to such of the said Partners, who should within the space of Ten Days next after the said Proposal should be made and opened by the said Sir Humphrey Mackworch, to the said Partners as aforesaid, declare they would not engage with the said Sir Humphrey Mackworth, according to such Proposal, but would under their Hands and Seals Release and Relinquish their Shares and Interest in the said Mines, Ten Pounds for every Share of such Persons who should so Relinquish their Shares and Interest therein, within the time aforesaid. The Partners have an Election to take 20 l. per Share, or to become Adventurers again under a new Constitution and a large Stock of 20000 l. The Intent of the said Indenture being that it should be at the Election of the said Partners and every of them either to become Adventurer or Adventurers with the said Sir Humphrey Mackworth, according to the intended Proposal; or to relinquish their Shares in the said Mines for Ten Pound per Share, within the time aforesaid, and Ten Pounds per Share to be secured as therein is mentioned; * Election to be made in 10 Days after Proposal. which Election every of the said Partners should make within the Space of Ten Days next after such Proposal so as aforesaid should be made. That then and in such Case the said Sir Joseph Herne, Sir William Hedges, Sir Thomas Vernon and Thomas Pitt, their Executors, Administrators and Assigns, should and would stand possessed and entrusted with the said Mines in Trust, out of the clear Profits that should be made by and from the said Mines, to pay to every such of the said Partners, who should in manner aforesaid relinquish their Shares in the said Mines, the farther Sum of Ten Pounds for every Share so to be Relinquished. trusties are to permit such Persons to manage and enjoy the Profits of the Mines, as shall be appointed by the said Sir H. Mackworth. And so charged should and would Permit and Suffer the said Sir Humphrey Mackworth and such other Person and Persons, his and their Assignee and Assigns to be made in Manner as therein is Described, and in such Proportion, Manner and Form as the said Sir Humphrey Mackworth under his Hand and Seal should direct and Appoint from time to time, and at all times hereafter, during the said several and respective Terms of Years therein mentioned, according to, and in such Manner as should be contained in such Proposal as should be made by the said Sir Humphrey Mackworth, pursuant to the Agreements therein contained, to Manage the said Mines and Premises, and to enjoy the Profits thereof, and to dispose of the Oar then raised out of the said Mines, to his and their own proper Use and Uses, and to such other Use and Uses as the said Sir Humphrey Mackworth should under his Hand and Seal limit and appoint, according to the Constitution therein set forth, and to the true Intent and Meaning of the said recited Indenture, and such Proposition as should be so made by the said Sir Humphrey Mackworth, as aforesaid. A farther Term of five Years granted And whereas the said Edward Pryse, by the Direction and Consent of the said Sir Humphrey Mackworth, hath by the said recited Indenture, Given, Granted, and Assigned unto the said trusties the said Mines and Premises, for and during the further Term of Five Years, next after the Determination of the said Term of Twenty Two Years and a Half, under the Trusts therein set forth. Now know ye, That the said Sir Humphrey Mackworth doth hereby propose and open to the said present Partners, at a General Meeting, an Expedient for clearing and satisfying all the Debts wherewith the said Mines then stood charged, and for raising the said Twenty Thousand Pounds for a Stock for carrying on the working of the said Mines, and for paying or securing to such of the said Partners as shall be unwilling again to become Adventurers with him the said Sir Humphrey Mackworth, under this present Proposal, the Sum of Twenty Pounds for every Share they then respectively had in the said Mines, in Manner and Form as is in and by the said recited Indenture directed, and according to the true intent and meaning thereof: that is to say, The Proposal of a Lottery. The said Sir Humphrey Mackworth doth hereby propose, declare, direct and appoint that the said Mines be divided into Four Thousand and Eight equal Parts or Shares, and that the same be exposed to Sale at the Rate and Value of One Hundred Twenty five thousand Pounds to be raised by way of Lottery, that is to say, that Twentyfive Thousand Tickets or Lots be delivered our at 5 l. per Ticket, whereof Two Thousand Five Hundred shall be Fortunate and Benefited Tickets, and carry with them such Advantages as are herein after mentioned. How the Money raised is to be applied. And that the said Twentyfive Thousand Tickets, and such Money as shall be had and received for them, or any of them, be applied and appropriated to the Uses following: That is to say, Twenty Thousand Pounds, thereof for the Use of such Persons as shall be Fortunate Adventurers, and as a Stock for the effectual working and carrying on the said Mineral Works; and which is never to be lessened on any dividend, but is to be divided at the end of the term amongst the Fortunate Adventurers and their Assigns; and Eighty thousand one hundred and Sixty Pounds thereof, either in Tickets or Money, for the Use of all the present Partners, every Partner being to have his Election for 10 Days next ensuing (or such other time as the said Sir Humphrey Mackworth shall appoint) either to become Adventurer with him the said Sir Humphrey Mackworth, according to this present Proposal, and so to take Tickets for his Shares at the rate of 20 l per Share, or else to take 10 l. per Share in Money, (in case this Proposal take effect) and 10 l. per Share more upon the Credit of the said Mines, according to the true intent and meaning of the said recited Settlement. And Thousand Eight Hundred and Forty Pounds the residue thereof, shall be applied, either in Money or Tickets, for the paying and discharging of all Annuities, Debts, Duties and Demands, charged or chargeable upon the said Mines, and of all Charges and Expenses of this present Undertaking, at the Discretion of the said Sir Humphrey Mackworth: and the residue of the said Thousand Eight Hundred and Forty Pounds, either in Tickets or Money, at the Election of the said Sir Humphrey Mackworth, or else one Twelfth Part of the clear Profits of the said Mines, above all Charges, at his Election shall be applied and appropriated for such Charitable Uses, and in such Proportion, manner and form as the said Sir Humphrey Mackworth shall by any Deed or Deeds, under his Hand and Seal limit and appoint: And in case the said Sir Humphrey Mackworth shall elect the later, than Ten thousand Pounds in Money or Tickets shall be applied to the use of all the Adventurers. The Fortunate Adventurers are to manage and receive the Profits of the Mines, and to pay Interest at 6 per Cent. to every Adventurer yearly, every Second Wednesday in June. And that the said trusties shall and will from time to time and at all times hereafter permit and suffer such Person and Persons as shall be Fortunate Adventurers, his and their Assigns, to manage the said Mines according to the Constitutions and Agreements in the said recited Settlement set forth, and to receive the clear Profits thereof, subject to the said recited Settlement, to the Uses following; that is to say, To the Use, Intent and Purpose, that every Adventurer, whether Fortunate or Unfortunate, his and their Executors, Administrators and Assigns, shall in the first Place, Yearly and every Year, on every Second Wednesday in June, or within Ten Days after, have, receive, and be paid his and their several and respective Interest-Money, at the Rate of 6 l. per Cent. which shall from Year to Year become due and payable to them and every of them respectively, for and upon Account of the several and respective Sums of Money, so by them and every of them adventured as aforesaid. And to pay the Principal as the Profits arise. And after Payment thereof, the said Profits of the said Mines and Premises shall be Annually applied for and towards the Payment of the several and respective Principal Sums of Money so contributed and adventured as aforesaid, to all and every Adventurer and Adventurers, both Fortunate and Unfortunate (before any Dividend shall be made thereof to the Fortunate Adventurers alone) in equal Proportion according to the said several and respective Sums by them respectively contributed and Adventured as aforesaid. And then twenty thousand Pounds per Annum. to the Fortunate and the Overplus to a second Payment of the Principal Money adventured. And after payment of the said several and respective principal Sums so contributed and adventured as aforesaid, to every Adventurer both Fortunate and Unfortunate with Interest at the rate of 6 l. per Cent. in manner aforesaid, then Twenty thousand Pounds per An. of the said Profits of the said Mines and Premises, shall be applied and paid to the Use of the Fortunate Adventures alone, and their Assigns, during the said several and respective Terms of Years above mentioned, in equal Proportion according to their several and respective Interests and Shares therein, and the Overplus of the said Profits that shall be, after the said annual Sum of twenty thousand Pounds and all the Arrears thereof, shall be satisfied (in case there shall be any Arrears by reason the Profits of the said Mines in any Year or Years shall not discharge the said twenty thousand Pound), shall be applied and paid to the Use of both Fortunate and Unfortunate Adventurers, in equal Proportion according to the several and respective Sums of Money by them respectively Contributed and Adventured as aforesaid, for and towards a second Payment thereof. * And than forty thousand Pounds per Annum. to the Fortunate and the Overplus to a third Payment of the Principal Money adventured. And after such second Payment of the said several and respective Principal Sums so adventured as aforesaid, to every Adventurer both Fortunate and Unfortunate (without Interest) in manner aforesaid, then Forty thousand Pounds per An. of the said Profits of the said Mines and Premises, shall be applied and paid to the Use of the Fortunate Adventurers alone and their Assigns, during the said several and respective Terms of Years above mentioned in equal Proportion, according to their several and respective Interests and Shares therein, and the Overplus of the said Profits that shall be, after the said annual Sum of forty thousand Pounds and all the Arrears thereof, shall be satisfied (in case there shall be any Arrears by reason the Profits of the said Mines, in any Year or Years shall not discharge the said forty thousand Pounds), shall be applied and paid to the Use of both Fortunate and Unfortunate Adventurers, in equal Proportion according to the several and respective Sums by them respectively Contributed and Adventured as aforesaid, For, and towards a third Payment thereof. And so on, in like Manner after every Payment of the Principal Money adventured to both Fortunate and Unfortunate Adventurers in manner aforesaid, The Fortunate Adventurers alone, are to have an additional Profit from the said Mines, amounting to the annual Value of Twenty thousand Pounds per Annum, and the Overplus above that Increase, and all the Deficiencies thereof in any former Year or Years, is still to be applied to another Payment of the said Principal Money adventured without Interest to both Fortunate and Unfortunate Adventurers in manner aforesaid; and a Transfer Book shall be provided at the common Charge for Transferring the Interest of the Unfortunate, in the manner as is provided for the Fortunate Adventurers, in the said recited Settlement. And in Default of Payment accordingly, trusties to enter and Dispose the Profits to the Uses herein set forth. And the said Sir Humphrey Mackworth doth propose, direct, and appoint, That in Case the said Gains, Profits and Proceeds of the said Stock, Mines and Premises, shall be Mismanaged by the Managers, and shall not be applied and paid to such Person and Persons, and for such Uses, Intents and Purposes, and in such Proportion, Manner and Form as is herein mentioned and directed; That then it shall and may be Lawful to and for the said Sir Joseph Herne, Sir William Hedges, Sir Thomas Vernon and Thomas Pitt, or any of them, and the Survivor and Survivors of them, and the Executors, Administrators and Assigns of such Survivor or Survivors, or any of them, (for and during such time as the Profits of the Premises shall not be applied and paid to the Uses aforesaid, and herein after mentioned) to enter upon the said Stock, Mines and Premises, and to govern and manage the same, and to receive the Profits thereof, to the Uses, Intents and Purposes herein mentioned and directed, and to no other Use, Intent or purpose whatsoever. Five hundred Tun of Oar, & sixty Tun of Lead, are given to the Fortunate Adventurers. And that Five hundred Tun of Silver and Potter's Oar now lying on, or near the Banks of the said Mines, and sixty Tun of Lead now lying at the smelting Mills, or Store houses thereto belonging, be appropriated to the Use of the Fortunate Adventurers. * Smelting Mills to be erected near the Mines, and near the Coal, and Vessels to be built to carry one to the other. And that one large Smelting, Extracting, and Refining Mill be Erected and Built at the common Charge, near to Coal, for the use of the Fortunate Adventurers, and upon the Land of the said Sir Humphrey Mackworth, at or near Neath in the County of Glamorgan; and one other Smelting, Extracting, and Refining Mill be Erected and Built at the common Charge for their Use, in some convenient place near the Sea, in the County of Cardigan: And that one or more Vessel or Vessels shall be Built or bought at the common Charge for carrying Over from the said Mines by Sea to Neath aforesaid; and for carrying Coal back again from Neath to the Port of Aberdovey in the said County of Cardigan, which said Coal shall be from time to time bought of the said Sir Humphrey Mackworth by the Fortunate Adventurers, and shall be sold to them by him at the Currant Market-Price. And farther that the said Lottery shall be managed and drawn after the Manner of the Million Lottery settled by Act of Parliament, That is to say. The Managers and Directors That the said trusties, Sir Joseph Herne, Sir William Hedges, Sir Thomas Vernon, Thomas Pitt, Sir William Ashburst of London, Knight, Sir John Houblon of London, Knight, Sir James Houblon of London, Knight, Sir Francis Child of London, Knight, Sir Tho. Cuddon of London, Knight, Sir Robert Bedingfeild of London, Knight, and such other Person and Persons as the said Sir Humphrey Mackworth shall at any time hereafter under his Hand, Nominate and Appoint, shall be Managers and Directors for preparing and delivering of Tickets, and to oversee the drawing of Lots, and to Order, Do and Perform all such other Matters and Things as are hereafter in and by these Presents Directed or Appointed by such Managers or Directors to be done and Performed. Shall cause Books to be prepared with And that the said Managers and Directors shall meet together from time to time at some Public Office or Place within the Cities of London or Westminster, for the Execution of the Powers and Trusts in them reposed by these Presents; and that the said Managers or Directors, or so many of them as shall be present at any such Meeting or the major Part of them, or such other Person or Persons as they shall appoint, shall cause Books to be prepared, in which every Leaf shall be divided or distinguished into Three Columns, 25000 Numbered Tickets. and upon the Innermost of the said Columns there shall be Printed Twenty Five Thousand Tickets Numbered 1, 2, 3. and so onwards in Arithmatical Progression, where the common Excess is to be One, until they arise to and for the Number of Twenty Five Thousand. And upon the Middle Colum of every the said Books there shall be Printed Twenty Five Thousand Tickets of the same Length, Breadth and Form, and Numbered in like manner. And upon the Extreme Columns of the said Books shall be Printed a Third Rank or Series of Tickets of the same Numbers with those in the Two other Columns, which Tickets shall severally be of an Oblong Figure, and in the said Books shall be joined with Obliqne Lines, in such manner as is herein described. ●… 100 Sept. 22. 1698. 〈◊〉 Roe of London, Merchant. Nᵒ 100 Sept. 22. 1698. Richard Roe of London, Merchant. Nᵒ 100 Th●s Ticket entitles the Bearer to F●… Pounds with Interest at 6 per Cent. 〈…〉 a farther considerable Profit, and (〈◊〉 ●…ance) to a great Yearly Sum for ●… Years out of the Profits of the Min●… of Sir Carb●ry Pryse. And that every Ticket in the Third or Extreme Columns of the said Books shall have Written or Printed thereupon (besides the Number) Words to this Effect; to wit, This Ticket entitles the Bearer to Five Pounds with Interest at 6 per Cent. and to a farther considerable Profit, and (by Chance) to a great Yearly Sum for Twenty Two Years, out of the Profits of the Mines late of Sir Carbery Pryse. The Receivers And that it shall and may be Lawful to and for the said Sir Humphrey Mackworth, by any Instrument or Writing under his Hand and Seal to constitute and appoint such and so many Persons as he shall think fit to intrust or employ, to be Receiver and Recievers within the Cities of London and Westminster, and such other Cities, Towns and Places in England, as to him shall seem meet, who shall be and are hereby appointed Receivers for the better expediting and carrying on of this Service, he the said Sir Humphrey Mackworth taking from the said Receivers respectively, such Security as he shall think fit, To pay the Money into the Bank of England. for the due Answering and Paying of the Moneys which they shall severally receive, into the Royal Bank of England, in Trust, and to the several and respective Uses herein and in the said recited Indenture mentioned and set forth; and for the due Performance of the Trusts in them reposed. Managers shall examine the Books and Tickets. And deliver the same to the Receivers, taking a Receipt. And farther, that the said Managers and Directors, or so many of them as shall be present at such a meeting as aforesaid, or the major part of them then present, or such other Person or Persons as shall be by them, or any three of them entrusted for that purpose, shall carefully examine all the said Books with the Tickets therein, and see that the same be contrived, numbered, and made according to the true intent and meaning of these Presents, and shall then deliver or cause to be delivered the same Books to the said Receivers, taking from each Receiver an Acknowledgement in Writing under his Hand importing his Receipt of such Book or Books, and so many Tickets therein as shall be delivered to him respectively, that so the said Receiver may be charged to answer Five Pounds in Money for every one of the said Tickets in the extreme Columes which shall be delivered to him, or for so many of them as he shall not return back to the said Managers or Directors, or to such other Person or Persons as they shall appoint as aforesaid. The Receiver to cut one Ticket for every 5 l. through the obliqne Lines. And every such Receiver respectively upon his receiving of every or any Sum of Five Pounds from any Person or Persons adventuring as aforesaid, shall cut out of the said Book or Books, so to be put into his Custody, through the said obliqne Lines indentwise a Ticket of the Tickets in the said extreme Columes. Adventurers to write their Names, Surnames, Qualities, Places of Abode, and Day of the Month on the Tickets. For securing their Shares on Benefit Tickets, and also for securing their principal and Interest from the day of the Month entered thereon. And the said Receivers and every of them, shall permit every such Adventurer to write, or cause to be writ, his Name, Surname, and Place of Abode, and Day of the Month on the two corresponding Tickets in the same Book; and at the same time the said Receiver shall deliver to the said Adventurer the said Ticket so cut off, which he, she, or they may immediately Endorse, or cause to be Indorsed, with their respective Names and Day of the Month, and keep and use for the better assertaining and securing of their principal Money so adventured as aforesaid with Interest at Six Pound per Cent. and of the respective Shares which he, she or they, his, her or their Assignees may also have in the said Mines, and in the Profits and Proceeds thereof as aforesaid, for the Money so by him, her or them adventured as aforesaid. And that the said several Receivers on the Twelfth Day of January next ensuing, or on such other day as shall be appointed by the said Sir Humphrey Mackworth, shall * Receivers to redeliver the Books on 12th. January next, with an Account in Writing of the Money received. redeliver to the said Managers at their said Office or Place of Meeting, or to such other Person or Persons as they or any of them shall appoint as aforesaid, all the said Books, and therein all the Tickets of the first and second Columes before mentioned, and so many of the said Tickets of the extreme Columes (if any such be) as the said Receivers shall not have cut out and delivered to the Adventurers for their Money as aforesaid, and shall then and there also deliver to the said Managers and Directors a true and just Account in Writing under their Hands of all Sum and Sums of Money accrued or come to the Hands of such Receivers respectively by or for the Tickets delivered out as aforesaid, and how the same, or how much thereof shall have been actually paid, by every such Receiver into the Royal Bank of England, to and for the Uses aforesaid. That the Managers shall roll up the Tickets in the middle Column. And the said Managers and Directors, or the major part of them, which shall be present at a meeting as aforesaid, shall cause all the Tickets of the said middle Columns in the Books which shall be delivered back to them by or from the said Receivers, in case all the corresponding Tickets in the extreme Columns shall have been disposed for Money as aforesaid, to be carefully rolled up and made fast with Thread or Silk: And in case all the Tickets in the Extreme Columns shall not have been disposed for Money as aforesaid, that then the said Managers and Directors, or the major part of them which shall be present as aforesaid, shall cause so many of the Tickets of the said middle Columes as shall correspond with, or be the Counterparts of those of the extreme Columns, which shall have been cut out and disposed for Money as aforesaid, and none other, to be carefully rolled up and made fast with Thread or Silk, as is before mentioned. In the presence of the Adventurers. And the said Managers and Directors, or the major part of them, as aforesaid, shall in their presence, and in the presence of such of the Adventurers as will be there, cause all the Tickets which are to be so rolled up, and made fast as aforesaid, to be cut off Indentwise through the said Obliqne Lines, And put them into a Box locked with three Locks and Keys and put into a Box to be prepared for this purpose, and to be marked with the Letter A, which Box is presently to be put into another strong Box, and to be locked up with three different Locks and Keys, to be kept by as many of the said Managers, and sealed with their Seals, or the Seals of some of them, until the said Tickets are to be drawn, as is herein after mentioned. And the Tickets in the innermost Columns remain in the Books, to discover any Mistake. And that the Tickets in the first or innermost Columns of the said Books shall remain still in the Books, for discovering any mistake, if any such should happen to be committed, contrary to the true meaning of these Presents. And further it is agreed by all the said Parties, That the said Managers and Directors, or the major part of them which shall be present at any Meeting as aforesaid, or such other Person or Persons as they shall appoint as aforesaid, shall also prepare or cause to be prepared other Books, in which every Leaf shall be divided or distinguished into two Columes, The Blank Tickets. and upon the innermost of those Columes there shall be printed Twenty five thousand Tickets, and upon the outermost of the said two Columes there shall be printed Twenty five thousand Tickets, all which shall be of equal length and breadth as near as may be; which two Columes in the said Books shall be joined with some Flourish or Devise through which the outermost Tickets may be cut off Indentwise, The Fortunate Tickets. and that Two thousand five hundred Tickets, part of those to be contained in the outermost Columes of the said Books last mentioned, shall be, and be called the Fortunate Tickets, to which extraordinary Benefits shall belong, as is herein after mentioned, and shall be made in manner following, viz. Fifty Shares Of the Mines late of Sir Carbery Pryse. Fifty Shares Of the Mines late of Sir Carbery Pryse. And the said Managers and Directors, or the major part of them, or such of them as shall be present at a Meeting aforesaid, or such other Person or Persons as they shall appoint, shall cause the said Fortunate Tickets to be written upon in words in length, in manner following, that is to say— The several sorts of them Upon one of them, Fifty Shares; upon one other of them, Forty shares, and upon every one of Ten of them severally, Ten Shares; and upon every one of Twenty of them severally, Ten Shares; and upon every one of Twenty of them severally, Five Shares; and upon every one of Forty of them severally, Four Shares; and upon every one of Two hundred of them severally, Three Shares; and upon every one of Four hundred and thirty of them severally, Two Shares; and upon every one of One thousand seven hundred seventy and eight of them severally, One Share; which number of Shares so to be written upon the said Fortunate Tickets, together with Ten Shares to be allowed to the Owner of the first drawn Ticket, and Ten Shares to the Owner of the last drawn Ticket, besides the Benefits which may happen to belong to the two Tickets last mentioned, will amount in the whole to Four thousand and eight Shares. These Tickets, Fortunate and Blank, to be rolled up, and put in another strong Box sealed with three Locks and Keys, and kept by the Managers. And all the said Twenty five thousand Tickets, as well the Fortunate as the Blanks, which shall be contained in the said outermost Columes of the Books last mentioned, or so many Thousand of the said Blanks as the said Managers, or the major part of them which shall be present at a Meeting as aforesaid shall think fit, and in the presence of such Adventurers as will then be there, shall be carefully rolled up and fastened with Thread or Silk, and be severally cut out indentwise through the said Figure or Devise into another Box to be prepared for that purpose, and to be marked with the Letter B, which Box shall presently be put into another strong Box, and be locked up with Three several Locks and Keys, to be kept by as many of the said Managers, and sealed up with their Seals, or the Seals of some of them, until these Tickets shall also be drawn in the manner and form herein after mentioned. No Money to be received after the 12th day of Jan. 1698. And that no Money shall be received from any Adventurer as aforesaid after the Twelfth day of January which shall be in the Year of our Lord 1698. without an Order under the Hand of the said Sir Humphrey Mackworth; and that the whole Business of rolling up, cutting off, and putting into the said Boxes, the said Tickets, and locking up and sealing the said Boxes, shall be performed by the said Managers and Directors, or such of them as aforesaid, on or before the Twenty sixth Day of January, which shall be in the said Year of our Lord 1698. or such other time as shall be appointed under the Hand of the said Sir Humphrey Mackworth, before the First Day of August next ensuing the date of these Presents. Notice to be given in Print of the precise time of Cutting the Tickets into the said Boxes. And to the end every Person concerned may be well assured that the Counterpart of the same Number with the Ticket is put into the Box marked with the Letter A, from whence the same may be drawn, and that other Matters are done as hereby directed, some Public Notification in Print shall be given of the precise Time or Times of Cutting the said Tickets into the said Boxes, to the end that such Adventurers as shall be minded to see the same done, may be present at the doing thereof. Lots to be drawn on the 26th day of Jan. 1698. The manner and place of Drawing the Tickets. And farther, That on or before the Twenty sixth Day of January, in the Year of our Lord 1698. or such other Time as shall be appointed under the Hand of the said Sir Humphrey Mackworth before the First Day of August next ensuing the Date of these Presents, the said Managers and Directors, or the major part of them then present, shall cause the said several Boxes, with all the Tickets therein, to be brought into the Guildhall, or such other place as shall be appointed by the said Sir Humphrey Mackworth, in the City of London, by Eight of the Clock in the Forenoon in the same Day, and placed on a Table there for that purpose, and shall then and there severally attend this Service, and cause the said two Boxes containing the said Tickets to be taken out of the other two Boxes in which they shall have been locked up, and the Tickets or Lots in the respective innermost Boxes, being in the Presence of the said Managers and Directors, or such of them as shall be then present, and of such Adventurers as will be there for the Satisfaction of themselves, well shaken and mingled in each Box distinctly. Some one indifferent and fit Person to be appointed and directed by the Managers aforesaid, or the major part of them, or of such of them as shall be then present, shall take out or draw one Ticket from that Box where the said numbered Tickets shall be as aforesaid put; and one other indifferent and fit Person to be appointed and directed in like manner, shall presently take out a Ticket or Lot from that Box where the said Fortunate and Blank Tickets shall be promiscuously put, and immediately both the Tickets so drawn shall be opened, and the numbered Ticket, with the Day of the Month, the Name, Surname, Quality, and Place of Abode of the Party thereon written, as well as the Fortunate or Blank Ticket, shall be named aloud. And of Filing the Tickets. And if the Ticket taken or drawn from the Box containing the Fortunate and Blank Lots shall appear to be a Blank, than the numbered Ticket so drawn with the said Blank at the same time drawn, shall both be put upon one File; and if the Ticket so taken or drawn from the Box containing the Fortunate and Blank Lots shall appear to be one of the Fortunate Tickets, than the number of Shares written upon such Fortunate Ticket, whatsoever it be, and the Day of the Month, the Name, Surname, Quality, and Place of Abode of the Party to whom it belongs, written on the said numbered Ticket, And of Entering the same by two Public Notaries on Oath. shall be Entered by two Public Notaries upon Oath, or two other Persons of Credit and Reputation, which the said Managers or the major part of them at a meeting as aforesaid, shall employ and oversee for this purpose, into two Books to be kept for Entering the Numbers coming up with the said Fortunate Tickets, and the number of Shares whereunto they shall be Entitled respectively, and one or more of the said Managers shall set their Names as Witnesses to every such Entry; and the said Fortunate and Numbered Ticket so drawn together, shall be put upon another File. And so the said Drawing of the said Tickets shall continue, by taking one Ticket at a time out of each Box, and with opening, naming aloud, and filing the same, and by entering the Fortunate Lots in such Method as is before mentioned, until the whole Number of Tickets abovementioned shall be completely drawn. And if the same cannot be performed in one Days time, the said Directors or Managers shall cause the Boxes to be locked up and sealed in manner as aforesaid, and adjourned till the next Day, and so from Day to Day, and then open the same and proceed as above, till the said whole Number of Tickets shall be completely Drawn as aforesaid. And afterwards the said Numbered Tickets so Drawn, with the Fortunate Tickets, drawn against the same, shall be and remain in a strong Box locked up as aforesaid, and under the Custody of the said Managers, until they shall take them out to examine, adjust and settle the Property thereof. All the Numbered Tickets are to be drawn, entered and Filled as aforesaid. And it is hereby farther declared, That after all the said Benefit Tickets shall be drawn in manner as aforesaid, all the residue of the said Numbered Tickets shall be also Drawn, Filled and Entered into the said Books by the said Public Notaries, or other Officers, on Oath, as aforesaid, and in the Presence of the said Managers or some of them, and as many of the said Adventurers as will be there, To give Satisfaction that every Person had a fair Chance for their Money. for the Satisfaction of all Persons concerned, that their several and respective Tickets were put into the said Box and Drawn, and that they had a fair Chance for their Money. The Fortunate Adventurers or their Agents to appear with their Tickets to the Managers. And farther, That at any time after Six Days, and within Sixty Days after the Drawing shall be finished, the several Adventurers, or their Agents or Assigns, who shall be actually possessed of the Numbered Tickets delivered out by the abovesaid Receivers, for which Fortunate Lots shall be drawn as aforesaid, shall or may appear with the said Tickets so in their respective Possessions, for the Managers, or the major part of them which shall be present at a Meeting as aforesaid, to see and take care that due Entries be made in the said Books of the respective Days of the Month, the Names, Surnames, Qualities and Places of Abode of the respective Persons to whom the Fortunate Lots shall severally belong, as aforesaid. And 'tis hereby Declared, That the several Shares of the said Mines and Premises, and of the Gains, Profits, and Proceeds thereof, so written upon the said Fortunate Tickets as aforesaid, shall severally and respectively belong, and be adjudged, accepted, and taken to belong and appertain to such Persons respectively, whose Names are written upon the said corresponding Tickets, and entered in the said Books as aforesaid, subject to the Covenants and Agreements herein after mentioned. The Fortunate Lots to be Printed with the Names of the Parties to whom they belong. And to the end the Fortunate, whether absent or present, may know to what Degree they have been so, as soon as the Drawing is over, the said Managers shall forthwith cause to be Printed and Published the Number of the Ticket Drawn against each Fortunate Ticket, and the Day of the Month, the Name, Surname, Quality and Place of Abode of the Party thereon written, and also the Share or Shares of the said Mines, late of Sir Carbery Pryse, written on such Fortunate Ticket. And it is hereby declared, that in Case any Difference, Contention or Dispute shall happen or arise in adjusting the Profit of the said Fortunate Tickets, the major Part of the said Managers agreeing therein, shall determine to whom it does and aught to belong. All the Adventurers Names and Places of Abode both Fortunate and Unfortunate, to be entered in a Book in Alphabetical Order, with the Sums adventured, and the Day of the Month that their Principal and Interest may be fully paid from that Day. And farther, that the said Managers and Directors, or the major part of them, present at a Meeting, as aforesaid, shall cause one Book of Parchment, velum or Royal Paper to be prepared, and shall enter or cause to be entered therein, in an Alphabetical Order, the Names and Surnames, Qualities and Places of Abode of the respective Persons who shall adventure Five Pounds or more, whether Fortunate or Unfortunate, and the respective Days of the Month as aforesaid, and against every one of their Names the several and respective Sum or Sums of Money which shall be by every such Person adventured; which said Book shall be Signed and carefully kept by the said Managers, or other Persons by them entrusted as aforesaid, to the Intent and Purpose that all the said Adventurers, both Fortunate and Unfortunate, may have and receive, and be justly and punctually repaid all such Sum and Sums of Money by them respectively adventured as aforesaid, with Lawful Interest of 6 l. per Cent. for the same, from the Day of the Date entered on the said Tickets respectively, in such manner and by such Persons as is herein expressed. Adventurers may have access to the Books. And that every such Adventurer shall have Liberty to inspect the said Book and compare the same with his said Ticket or Tickets, and see that a due Entry be made therein according to the same, and to the true Intent and Meaning of these Presents. All the Fortunate Adventurers to be entered in another Book in Alphabetical Order, and the Shares to them belonging. And the said Managers, or the major part of them, as aforesaid, shall cause one other Book of Parchment or Royal Paper to be prepared, and shall enter or cause to be entered therein in a fair Hand, and in Alphabetical Order, the Names, Surnames, Qualities, and Places of Abode of the respective Persons who shall be Entitled to extraordinary Benefits by the said Fortunate Tickets or Lots, and against every one of their Names the respective Shares of and in the said Mines, Stock or Premises, which he or she respectively is to have by Virtue of these Presents, as well in Words at length as in Figures, and the Names, Surnames, Qualities, and Places of Abode of the respective Persons who shall be Entitled to the said Shares, in respect of their Numbers being first and last drawn as aforesaid, with the Shares belonging to those Persons respectively; and that the Book last mentioned shall be signed by the said Managers or the major part of them, and transmitted to the Custody and Keeping of such Person or Persons as shall be appointed by the Majority of the said Fortunate Adventures to be their Book-Keeper, according to the Constitutions in the said recited Indenture mentioned and set forth: And that every Person so to be named in the said Book, so to be transmitted as aforesaid, his, her, and their Executors, Administrators, and Assigns, shall have, receive and enjoy, and be Entitled to have, rececive and enjoy, for and during the said several and respective Terms of Years above mentioned, the several and respective Shares of the said Mines, Stock and Premises, with their Appurtenances so to be set against his, her, or their Names respectively, in the Book last mentioned as aforesaid, subject nevertheless to the Payment of such Sum and Sums of Money to such other Adventurer and Adventurers, and other Person and Persons respectively as is herein mentioned and set forth. Every Adventurer, Fortunate or Unfortunate, is entitled to Principal and Interest, and to several other Payments. ☞ And all and every Person or Persons who shall have contributed or adventured any Sum of Five Pounds, or several entire Sums of Five Pounds, as aforesaid, whether entitled to a Fortunate Lot or not, by the Drawings before mentioned, his, her, and their Executors, Administrators and Assigns, shall have, receive, and enjoy, and be entitled to have, receive, and enjoy, out of the First Profits of the said Mines, Stock and Premises, every such Sum or Sums of Five Pounds, with Lawful Interest for the same, at the rate of Six Pounds per Cent. which shall be so adventured by them or any of them respectively as aforesaid, and to the several Repayments thereof abovementioned; which said Sum and Sums of Five Pound shall be paid to such Adventurers respectively as aforesaid, by such Person and Persons, as is herein set forth. The Persons employed to make such Books and Entries, as aforesaid. And it is hereby declared, That the said two Public Notaries, or other Persons to be appointed by the said Managers, or the major part of them, at a meeting as aforesaid, for making such Books and due Entries of the said Numbered and Fortunate Tickets, to whom they do belong, as aforesaid, shall make a voluntary Affidavit before a Master in Chancery, at, or before the first Day of drawing the said Tickets, as aforesaid, in manner and form following; that is to say,— To make this Affidavit. I A. B. do swear, that I will faithfully execute the Trust that is reposed in me, relating to the Mine-Adventure; and that I will not use any indirect Art or Means, or permit or direct any Person or Persons to use any indirect Art or Means to obtain a Prize or Fortunate Lot for myself, or any other Person whatsoever; And that I will do my utmost endeavour to prevent any sinister or undue Practice to be done by any Person or Persons whatsoever; And that I will, to the best of my Judgement, declare to whom any Prize, Lot, or Ticket of right does belong, according to the true intent and meaning of the Settlement for that purpose made, bearing date the 1st Day of October, 1698. Which shall be publicly made on the first day of Drawing. Which said Affidavit shall be produced and publicly read in the presence of the said Managers and Adventurers, or so many of them as shall be present upon the first Day of Drawing the said Tickets, as aforesaid. Sir Humphrey Mackworth voluntarily obliges himself to make the same Affidavit. And the said Sir Humphrey Mackworth doth hereby declare, That he the said Sir Humphrey Mackworth shall and will, at or before the said first Day of Drawing the said Tickets abovementioned, in like manner make a voluntary Affidavit before a Master in Chancery to the effect abovementioned; which said Affidavit shall likewise be produced, and publicly read, at the time and place of drawing, as aforesaid. Partners may take out Tickets without ready Money, upon the Credit of their Shares. And that it shall and may be lawful to and for all and every the said Partner and Partners , to take out any Number of the said Tickets, not exceeding the Value of their respective Shares at Twenty Pounds per Share, as is , without paying ready Money for the same, upon the Credit of the said several and respective Shares,; and every such Partner shall be deemed an Adventurer in this Undertaking, and have equal Benefit thereof, as if he had paid down ready Money for his respective Tickets. The recited Indenture Quadrupartite confirmed. And it is hereby declared, That the said New Constitution for the Management of the said Mines, Stock, and Premises, and every Article, Clause, Covenant and Agreement in the said recited Indenture Quadrupartite contained, shall be ratified and confirmed by the Fortunate Adventurers, to all Intents and Purposes whatsoever. A proportionable Abatement to be made for the Shares of such Partners who shall not Execute the said recited Indenture. And that in case any of the said Partners above named shall not Seal and Execute the said recited Indenture Quadrupartite, that then as to so many Shares of the said Mines, Stock and Premises as shall belong to such Partner and Partners so refusing or neglecting to Execute the said recited Indenture as aforesaid, a proportionable Abatement shall be made of the said numbered and Fortunate Tickets accordingly; that is to say; As Twenty Five Thousand Tickets is to Four thousand and eight Shares, so the number of Tickets which shall be taken out as aforesaid, shall be to the certain Number of Shares of such Partners who shall Seal and Execute the said recited Indenture Quadrupartite; and in such case a diligent Calculation shall be made by the said Managers and Directors, or the major part of them who shall cause the several and respective number of Shares written upon the said Fortunate Tickets, and the Shares for the first and last drawn Tickets to be proportioned accordingly, yet so as that every numbered Ticket which shall be drawn, not having a Fortunate Lot to come up with it, shall nevertheless be Entitled to Five Pounds, and lawful Interest for the same as aforesaid, and also to the several other Advantages . Sir H. M. Indemnified for all Acts done pursuant to the Intent of these Presents. And that the said Sir Humphrey Mackworth, his Executors, Administrators and Assigns shall be from time to time, and at all times hereafter by and out of the Profits of the said Mines, Stock and Premises saved Harmless and Indemnified of and from all Actions and Suits whatsoever, either in Law or Equity, and of and from all Costs, Charges, Damages, and Troubles whatsoever, which he or they shall or may pay, bear or sustain for or by reason of any Act or Thing whatsoever, to be done or suffered by him the said Sir Humphrey Mackworth, in pursuance of and according to the true Intent and Meaning of these Presents, and of the said recited Indenture. That until the Tickets can be got ready, Subscriptions may be taken. And the said Sir Humphrey Mackworth doth propose, declare, direct and appoint that it shall and may be lawful to and for the said Sir Humphrey Mackworth, by any Writing under his Hand, to depute and appoint any Number of Persons to take and receive all such voluntary Subscriptions as shall be made by or for any Person or Persons, for any Sum or Sums of Money whatsoever, not less than Ten Pounds, for the taking out so many Tickets in this Adventure as shall answer the Value thereof; and that one or more Books of Parchment or Royal Paper shall be provided for the said Subscriptions to be made thereupon, and that an Instrument in Writing shall be prepared for that purpose, upon Stamp Parchment, or Royal Paper, in manner and to the Effect following, that is to say, The Form of the Instrument of Subscription. Know all Men by these Presents, That we whose Names are hereunto subscribed, Partners of the Mines (late of Sir Carbery Pryse) and others, do hereby severally and not jointly, or the one for the other of us, oblige ourselves in manner following, that is to say, We who are Partners in the said Mines, do hereby elect to become Adventurers with Sir Humphrey Mackworth in the Mine-Adventure, and do oblige ourselves, our Executors, Administrators and Assigns, to accept of, and take out Tickets for and in lieu of our several and respective shares therein, at the rate and value of Twenty Pounds for every Share, according to his Proposal contained in one Deed Poll bearing Date the First Day of October, 1698. and we the said Partners subscribing for more than our respective Shares, and we who are not Partners in the said Mines, do hereby oblige ourselves, our Executors, Administrators and Assigns, severally, and not jointly, or the one for the other of us, to pay or cause to be paid to Sir Thomas Mackworth of Normanton in the County of Rutland, Baronet, and the said Sir Humphrey Mackworth, or one of them, their or one of their Orders, on or before the Second Day of December next, at the Chambers of Sir Humphrey Mackworth, in Lincolns-Inn New Square, the remaining part of the several and respective Sums of Money by us respectively subscribed, and in default thereof, that One Tenth Part of the Money so by us respectively subscribed as aforesaid, and paid down at the Time of our respective Subscriptions, shall be forfeit and lost to the said Sir Thomas and Sir Humphrey Mackworth, to the Uses in the said Deed mentioned. Upon each Subscription a Receipt to be given. And it is hereby declared and agreed, that the said Sir Thomas and Sir Humphrey Mackworth, or the said respective Persons so deputed as aforesaid, to take the Subscriptions, or such Cashier or Cashiers who shall be appointed to receive all or any of the said Payments upon the said Subscriptions, shall immediately from time to time, give to the Persons paying the said Tenth Part of the Money by them respectively subscribed as aforesaid, a Receipt in Writing for the several and respective Sums so received in manner following, to wit, The Receipt. We Sir Thomas Mackworth and Sir Humphrey Mackworth do hereby acknowledge to have received from A. B. the Sum of Ten Pounds, being the Tenth part of One Hundred Pounds Subscribed by the said A.B. for Twenty Tickets in the Mine-Adventure, which Tickets we do hereby jointly and severally promise to deliver, or cause to be delivered to the said A. B. or his Order upon payment of the further Sum of Ninety Pounds to Sir Thomas and Sir Humphrey Mackworth, their or either of their Orders, at the Chambers of the said Sir Humphrey Mackworth, in Lincolns-Inn New Square, at or before the Second Day of December next. And we do hereby jointly and severally promise to repay the said Sum of One Hundred Pounds to the said A. B. in case this Adventure be not drawn within the Time for that purpose limited and appointed in the Mine-Adventure. In Witness whereof we have hereunto set our Hands this present Third Day of October, in the Year of our Lord 1698. Every person is to receive Interest from the day of Subscription. And every Person so Subscribing as aforesaid, shall have and receive his, her and their Interest-money at the rate of Six Pounds per Cent. for the whole Sum so by them and every of them respectively Subscribed from the day of making every such Subscription as aforesaid, which shall be entered upon their respective Tickets accordingly. Upon Payment of the Residue. And upon Payment of the residue of the Money subscribed by any Person or Persons whatsoever, they the said Sir Thomas and Sir Humphrey Mackworth shall and will give a Receipt in Writing for the several Sums so received, in manner following, that is to say, A Receipt. We Sir Thomas Mackworth and Sir Humphrey Mackworth do hereby acknowledge to have received from A. B. the Sum of Ninety Pounds, being the residue of One Hundred Pounds subscribed by the said A. B. for Tickets in the Mine-Adventure, which Tickets are delivered to the said A. B. at the time of signing this Receipt, and we do hereby jointly and severally promise to repay the said Sum of One Hundred Pounds to the said A. B. in case this Adventure be not drawn within the time for that purpose limited and appointed in the Settlement of the Mine-Adventure. Bank Bills to be kept in the Iron Chest by Sir Thomas and Sir Humphrey Mackworth. And 'tis hereby declared, That all and every Bank-Bill and Bank-Bills which shall be from time to time, or at any time hereafter, had, taken, or received by the said Receivers and Cashiers, or any of them, in the Name of the said Sir Thomas and Sir Humphrey Mackworth, as aforesaid, shall be by them and every of them, within the Space of Six Days after every such Receipt, delivered to the said Sir Thomas and Sir Humphrey Mackworth, to the Intent and Purpose that they the said Sir Thomas and Sir Humphrey Mackworth, shall and may keep the said Bank-Bills and every of them, in the great Iron Chest belonging to the said Partners, with Two several Locks and Keys, whereof the said Sir Thomas Mackworth shall have the Custody of one Key, and the said Sir Humphrey Mackworth shall have the Custody of the other Key. All moneys received to be distributed according to these Presents. And that all and every Sum and Sums of Money which shall be had and received by the said Sir Thomas and Sir Humphrey Mackworth, for, upon Account or by reason of these Presents and the said recited Indenture Quadrupartite, or either of them shall be paid and distributed to the several Person and Persons and for the several Uses Intents and Purposes, and in such Proportion Manner and Form, as is herein and in the said recited Indenture Quadrupartite, directed and appointed. Partners obliged to pay their Debts. And lastly, the said Sir Humphrey Mackworth doth propose, declare, direct and appoint, That in case the said Partners or any of them are or stand indebted at the time of the executing of these Presents to any Person or Persons in any Sum or Sums of Money whatsoever, and in case any Controversy and Dispute shall happen to arise between such Partners so indebted as aforesaid, or any of them, and their several and respective Creditor or Creditors, or any of them as aforesaid, for, touching or concerning the Interest or Shares of such Partners so indebted as aforesaid, or any of them, of and in the said Mines, that then, and in such Cases, upon Notice in Writing to Francis Pigot and Anthony Forty, Secretary and Accountant to the said Partners, or either of them given by such Creditor or Creditors respectively as aforesaid, and they the said Creditor and Creditors respectively, giving good security to save harmless and indemnify the said Partners, and every of them for so doing, the said Partners shall and may retain all and every Ticket and Tickets belonging to such Partners respectively, and all and every Sum and Sums of Money which shall come to their or any of their Hands respectively as aforesaid, which shall then be due and payable by Virtue of these Presents, to any such Partner or Partners so indebted as aforesaid, until the said Controversy shall be determined by Arbitration, or Suit either at Law or Equity; and the Partners and every of them saved Harmless and Indemnified for the Payment thereof. A Proviso to explain the Proposal, not altering the Substance. And that it shall and may be Lawful to and for the said Sir Humphrey Mackworth, by and with the Consent of the major number of the said Managers to amend and explain this present Proposal and Expedient, or any part of the same, not altering the Substance thereof. In Witness whereof the said Sir Humphrey Mackworth hath hereunto set his Hand and Seal this present First Day of October; in the Year of our Lord 1698.