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Tous les autres exemplaires originaux sont filmis en commengant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dern^Are image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE ", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmis A des taux de rMuction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmd A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 6 6 ^m -■■.^v*/ W' "rvl i- ?'l '-'■itfi tM ''' ARTICLES O F AGREEMENT, For carrying on an EXPEDITION, B Y Hudfon's Streights, For the Discovery of a North -JVefi Pajfage T O T H E Weftern and Southern Ocean o F A M E R I C A. Dated March 30, 1745. L N D Nt Printed In the Year MDCCXLV. >•■ . ■ifc» -■■•. N. B. Such Gentlemen as incline to fubfcribe to this Undertaking, may apply, or write a Letter, to the Se- cretary, at his Houle in Cateato^^ Street, and they fhall be waited on with the Original Agreement. I - i (3 ) )n To ALL PEOPLE to whom thcfc Prefents fhall come, We whofe Names and Seals are hereunto re- fpedivcly fubfcribed and kt, fend Greeting. Whereas the Difcovery of a North- JVeJi Pajfaj^e to theWeftern and Southern O- cean of America will be of very great Advan- tage to the Trade and Commerce of this King- dom, and a Bill is now depending in Parlia- ment (which it is expelled will foon pafs into a Lawj to intitle the firft Difcoverers of fuch Paffageto a Reward of 20,000/. for fuch Difcovery \ And whereas, notwithftanding the pall Attempts which have been made for this purpofe have not been attended with all the Succefs that was expe<5led from them, yet We, being induced by the great Probability- there is of there being fuch a PafTage, and en- couraged by the Profpedt of the faid Parli- amentary Reward, have mutually agreed to feton Foot an Undertaking or Expedition for making of fuch Difcovery ; and for that Purpofe to fit out proper Ships or Veflels on a Voyage through Hudfon's Streigbts^ in order to fearch for, and difcover, fuch Paflage. Nov/ know ye. That We, whofe Names and Seals are hereunto refpeftively fubfcribed and let, for our fclves refpecflively, and for our own rcfpedive Executors, AdminillratO"s, and Afl^gnsonly, [and not any oneofus, for any othe »r Tzvo or more Skips to b:" bought and fitted out h (4) other or others of us, or for the Executors, Adminiftrators, or AfTigns of any other or others of [us] Do hereby feverally and mutu- ally covenant, promife, and agree to, and with each other, and to and with the Executors, Adminiftrators, and Afligns of each other, in manner and form following, [that is to fay] I. That two or more good well-built Ships, or Veflels, (hall with all convenient Speed be bought and fitted out, with a fuffici- %e?7nmT' ^"^ Number of Guns, Munition, and Provifi- a; er name . ^^^ ^^^ ^ g Months, and all other things neceffa- ry and proper for the faid Expedition ; which Ships Ihall be purchafed by the Committee herein after named. n The Prime Cofi t hereof t- with theChar- ges of fitting outy not to ex- ieed io,oool. 7be Ships to fail on $r be- 'fore the 15th e/' May, 1 7^ The Ships, tul^h the Coji, St ck an Handy itnd Otitfet, to be divided into an hundred Shares,atioo\. per Share. II. That the Prime Coft of fuch Ships, together with the Charges of fitting out the fame, as aforefaid, fhall not exceed the Sum of 10,000 /. III. That the faid Ships fhall fail on the faid Expedition, if poflTible, [Windand Weather permitting,] on, or before, the i5//S>Day of May next, r/46 IV. That the faid Ships, with the Coft, Stock on Hand, and Outfet, fhall be divided into 100 equal Parts, or Shares, at 100 /. each Share, [Subjedl to no further Call than is herein after mentioned.] V. That each of us, the Subfcrlbers here- to, (hall be inritled to fuch Number of the faid Shares as is fet againft our refpedive Names II I f " Each S:ib- fcribcrtobcen- i'ltitled to the Number of Sh,i, cs let a- g'jinft bis Name ; and to pny \oo\. for every Juch Share in the Manner here mcfitiontd. (5) Names 5 and fhall pay to the Secretary of the faid Undertaking, herein after named, the Sum of 10^ /. for each and every fuch Share fofet againft our refpedlive Names, in the manner, and at the refpec^ive Times, here- in after mentioned •, [that is to fay] One Moiety thereof at the Time of our refpeftivc Sealing, and Delivering of thefe Prefents, and the other Moiety thereof, [or fo much thereof as fhall be wanted to defray the Charges of the Outfet of the faid Ships] within thirty Days, next after the fame Ships fliall fail from and out of the River names \ and the Refidue of fuch laft mentioned Moiety, [in Cafe the whole thereof (hall not be wanted for the purpofe aforefaid] when the lame fl-iall be wanted, for furthering, and carrying on, the Purpofcs of the faid Under- taking, and (hall be for that purpofe called for, or demanded, by the Committee, here- in after mentioned, for the Time being, or any three of them, VI. That in Cafe any unforefeen Ac rj";!^]'/^ cident, or Emergency, fhall arifc, which (hall ' further Call -jf make it necefTary to advance any further Mo- '20I. uponeva:^ neys, for carying on the faid Undertaking •, ^hare* Then each and every of us, the Subfcribers hereto, fhall and will advance and pay, into the Hands of the Secretary of the faid Under- taking, for the time being, fuch further Sum or Sums of Money, as by a Majority of Votes, of the Subfcribers prefent at any ge- neral Meeting or Meetings, to be had as here- in after is mentioned, (hall be Voted, or a- greed, to be fo paid, ffo as the fame, with what (hall have been before advanced, by u^ rcfpec (6 ) refpeftively, on Account of the faid Under- taking, Ihall not, together, exceed 120 /. for and upon each and every Share fet againft our refpertive Names) and that in fuch manner, and at fuch time or times, as at fuch general Meeting or Meetings, (hall bedireded or ap- pointed in Relation thereto. VII. That the Share or Shares of fuch of us, the laid Sublcribers hereunto, in the faid Undertaking, as fhall negled to make any one or more of the faid feveral Payments, herein before agreed to be made as aforefaid, for the fpace of fixty Days, after the re- fpedlive Times when the fame ought to be made, (according to the true meaning of thefc Prefents, and after a Demand fliall be made thereof, by the faid Committee for the Time being, or any three of them) and alfo all fuch Moneys as, before fuch Default or De- faults, Jhall have been paid for or on Account of fuch Share or Shares •, fhall, by fuch De- fault or Defaults, become, and is and arc hereby declared and agreed to be, forfeited to, and fhall from thenceforth be the Property of, the other Subfcribers hereunto, who fhall not have made any fuch Default, according to their refpedive Shares or Proportions in the faid Undertaking -, and that fuch of the Sub- fcribers, negleding to make fuch Payment, or any of them, in manner aforefaid, fhall not afterwards have any Relief, againfl fuch Forfeiture, either in Law or Equity. No Jingle VIII. That no fmgle Perfon fhall have, Perjontojub- ^^ ^^ -^^^^^^^^ ^^ ^^ permitted to Subfcribe jcnbepr more ^ , «^r>i-ir-iTTj //^/?//io5/^^m. ^or?i"ore than Ten Shares m the faid Uncler- Evcrsj ^uh- Jcriberncglc^ itig to tnnke anyrfthePn'^- meiiti agreed on, within the '•Time here U- luitci, to for- feit hii Shnre, And all Munies fei id on account thereof before fuch Default^ to the other Subfcribers, takinR'. XL (7) IX. That every Subfcriber, his Execu- tors, Adminiftrators, and Afligns, fhall have, and be intitled to, as many Votes in all Elcdi- ons, and with Refpeft to all other Matters and Tranfaftions, relating to the laid Under- taking, to be done or tranfafled at any ge- neral Meeting of the Subfcribers, as he or they fhall be intitled to Shares in the faid Undertaking for the Time being. Provided neverthelefs^ that no finge Sub- fcriber (what Number of Shares foever he may be intitled to in the faid Undertaking) fhall have, or be intitled to, more than four Votes. K:en Sib- fcnber to have as ."/ ms Votci iiiiiliELfiiorti^ Sec. as he is t-fttitliJ tJ Sh/ires in the V/Licrtaking. But no (in- gle Subjlriber to be entitle J to more than fjtir Votes* X. That for the more enfy Manage- Appointment ment, and Speedy Difpatch, of the ^w{\v\.t^^ of the prefent of the faid Undertaking, the Nine following c.r,.nmittee fjr Perfons (to wit) the Right Honourable Tbojnas ff::"^ru Lord Southwell, Arthur Dobbs, Efq-, Ja?nes king, Douglas^ Efq; Henry Douglas^ Efq; Captain John ^ho7nlinfony Rowland Frye^ Efq; Mr. Ro- bert Macky^ Mr. William Bowden, and Mr. Samuel Smith, fhall be, and are hereby de- clared and appointed to be, a Committee for that Purpofe, until a new Committee fhall be chofen and appointed as is herein after mentioned ; which Committee, hereby ap- 7-5 i/^-j^n.^j pointed, or hereafter to be appointed, fhall be The North- Stiled, tbe North-Weft Committee. ^^''^'^ ^''^™- mittee. XI. That the Committee for the Time PowersrepJ being, or the Major part of them, fhall be, •// the cln- and are hereby, authorized and empowered to ^■'!'i(tY. purchafe fuch Ships as aforefaid, or I'uch o- thers, and to appoint and employ fuch Cap- tains, Officers, Seamen, and other Servants, in The Ccmm it- ice to ?ni't (js cften as they 'think Jit. The N times r^' c'<,-"v Mem • ber of the Cctn mil tee pre lent at etery Ji'ch tneetiny, and all Matters tranfa^ed thereat t to he entred in a Mi- nute -Book. And zvhnt- ev^^r pall be uone or agreed ')h at I" CO M-."t'' s h :e VL^or i^art (•J theCo/ufnit- iee prejcut (8) ^nthefaid Expedition (and alio to remove and difplacc any) as they, or the major Pare of them, fliall trom time to time think fit j and that fuch Captains, and Officers, Ihall o- bey the Orders, and lollow the Inllru(^tions, that fliall be given to them by the faid Com- mittee, or the major Part of them. And that fuch Committee, or the major Part of them, fhall be at Liberty, and are hereby autho- rized and empowered, to ad, in General, in the Condudl and Management of the faid Undertaking and Expedition, and all the Affairs and Bufinefs thereof, or relating there- to, in fuch manner, as they, or the Major Part of them, fhall from time to time think mofl for the Benefit and Advantage thereof: And in order to fettle and adjuft the Method of proceeding therein, the Committee for the time being, or as many of them as conveni- ently can, lliall from time to time meet, and confer together in Relation thereto, when, and as often as, they Ihall think fit -, and fhall enter, or caufe to be entred, in a pro- per Minute-Book, to be for that purpofe pro- vided, the Names of fuch of the Members of the faid Committee, as fliall beprefent, and all fuch Matters, Affairs, and Things, as fhall be from time to time tranfaded, order- ed, refolved, or agreed upon, at every fuch Meeting : And whatfoever fhall be done, ordered, refolved, or agreed upon, at fuch Meetings, by the Major Part of the Com- mittee prefent thereat, (fuch Majority confifl:- ing of not lefs than three Perfons, and all the Members of the faid Committee having been prcvioufly fummoned to attend at fijch Meetings) and alfo what fhall be done in pur^ fuance t i 1 (9) (uance, or Confequence, of any Rcfolutions, or Agreements, which fhall be then and there fo entered into, made, or concluded on, with Relpccf^ to the Condudl or Management of the fail! Undercakii.g and Expedition, or any ways relating;, thereto, fliall be abfolutely bind- ing, and conclufive, to all the Subfcribers l>creunto, and their refpective Executors, Ad- miniltrators and AfTigns. XII. That the faid Mr. Samuel Smith (being one of the Members of the prefent Committee) Ihall be, and is hereby declared and appointed to be, the Secretary of the faid Undertaking, until a new Secretary (hall be appointed as is herein after mentioned : And all the Subfcription Moneys herein before a- greedto be advanced as aforefaid, and all o- ther Moneys which fliall hereafter be paid on Account of the faid Undertaking, fliall be paid into the Hands of the Secretary of the laid Undertaking for the Time being * \ Who immediately (or as foon as conveniently may be) after Receipt thereof, fliall pay the fame into the B.mk of England, or into the Hands of fuch Banker, or Bankers, as the Commit- tee for the time being, or any five of them, fliall appoint, in the Names of the fiiid Com- mittee ; Who fliall be at Liberty to draw out all fuch Moneys as aforefaid, or any part thereof, by Notes or Draughts to be figned by them, or any three of them, when and as the Occafions of the faid Undertaking fliall from Time * N. B The Secretary has given Security to the Sjtis- f'lixnion of the Committee for the Money he ihall receive firoin Time to Time of the Sublcribcrs, ffiicl' Miijori- ty confining of not hfi than three, and all the Committee having heen prcvioujlyfum- moncd to fuch Meetings) to be hindin^ ta all the Sui' fcriben, Mr, Samuel Sm\l\\tobe the pr,[fent StiTe- :/iry of the Undertaking, All Mj»ii's zuhich jhalt be paid on account of the Under- taking, to be paid to the Se- cretary. And he topa^ the fame into the B^vikt or Bankers Hands, as the Committeet or any five ofthcm,jhall appoint, in the Names of the Committee. Who 7nny drazi) rut allfucbM)' nies as the Oc- cafions of the Undertaking require^ by Draughts fign. ed by any three of them. But K9 jUch "Draughts to be jignedbut at jome Meet/n;;s oft be Comf.iU- 'tee. ^he niaior Part of the Committee mny remove the Se- iri.'.jry, ami app'iiitt a nczu cue in bis room. ( 10)' time to time require : But no fuch Notes or Draughts fhall be made or figned, but at fome fuch Meetings of the Committee, for the time being, as atorefaid. XIII. That the Major Part of the Com- mittee, for the time being, fhall and may be at Liberty, and are hereby empowered, to re- move or difplace the Secretary of the faid Undertaking, for the Time being •, and from time to time, in Cafe of the Removal, or Death, of the Secretary, for the time being, to appoint fuch other Perfon to fucceed him, as they fhall think fit. jj^ often .,f XIV. That in Calb of the Death of any rfvy Mmbfr / Member of the Committee for the Time be- %'J/Z['7!i7:v ^"g' ^ "^^ ^"^ ^^^^^ ^^ chofen and appointed 'cf:e to be cho- in his Room, out of the Subfcribers hereto, by Jen in his room a Majority of Votes of fuch Subfcribers, pre- ;/; the manner ^^^^ ^^ a general Meeting, to be for that Pur- he re mention- tlj -l- '-n.. -nv r i ^^^ pofe had, within 1 wenty Days after the Death of fuch deceafed Member: And fo from time to time, when, and as often as, the Death of any Member of the Committee, for the Time being, fhall happen, fuch new Choice fhall be made as aforel'aid. JthepT XV. That the Secretary of the faid guhr Accounts, Undertaking, for the Time being, fliali inproperBoohs, keep jull and regular Accounts, in proper "Helped lli'a^ i ^^°^^^' ^^ ^^ ^°^ ^^^'^^ Pur-ofc provided, of all ^cvlcc'ountof Sums of Money which fliall be received, and the Ihideria- paid, on Account of the faid Undertaking, h)ig.,nndnfall and of all other Matters and Tran fad ions re- cihn Matters ^,^^^ i\,^x<^x.o : Which Books of Account, rclalmz there- inr i-i \ ^.xr ■ /^. and all Letters, Papers, and Writings, re- lating )tes or It fome le time Com- lay be to re- ^e faicl from |al, or being, him. of any me be- )ointed -to, by s, pre- it Pur- er the y from Death 3r the Choice faid fhall )roper of all , and king, IS re- ount, , re- ating ( 1 1 ) mich Bjo^, lating to the*^ faid Undertaking, fhall be papm, and ' kept in fome convenient Place, to be for ^'ritifigs rela^ thatPurpofe appointed by the Committee, ^j"S^ot^eU»- for the Time being, or the Major Part of tpt'nall!' them, vcjiient Placet to be appointed XVI. That no Commiflion (hall be h the major charged or allowed on the Outfet of the faid {!'^^' f '^^^ Ships i bur, in lieu thereof, the Secretary of 'ivlcw/;//*- the faid Undertaking, for the Time being, /^///^^^^^^rg-. Ihall have, and be allowed, out of the Cafh ^'-^ on the Out- belonging, or which fhall belong, to the ^^^^^^ffj^-f* Undertaking, fuch yearly Salary, or other ^/;!',,yj /"'^^^ Satisfadion, in Rcfpeft of his Trouble and cretarpobeal- Attendance, in and about the Affairs and lozvrd out of the Bufinefs of the faid Undertaking, as the ^^'^^-^ oelovging Committee, for the Time being, or the Major lini^ituhSath^ Part of them, fhall think fit to allow, or Ti^- fakion for his point, to him for that Purpofe. -Trcuhle there- in, as the Ml- XVII. That, during the Continuance o^ committee ' ^^ the faid Undertaking, a new Eledlion fhall be jha// think fi, annually made, of a Committee for the Ma* ^ne:^' Com^ nagement thereof-, for which Purpofe a ge- f^^^f^jtobe nn^ neral Yearly Meeting of the Subfcribers here- "/t//f f;^^ll"r to (hall be had, on the firft IVednefday^ in here mentioned the Month of February^ in every Year, du- ring the Continuance of the faid Undertaking, at fuch Place as the Committee for the Time being fhall appoint \ and fuch Perfons as fhall be chofen for the Purpofe aforefaid, by the Majority of Votes, of the Subfcribers prefent at fuch Yearly Meeting, fhall be the Committee for the Management of the faid Undertaking, for the Year enfuing, and un- til a new Eledion Oi a Committee fliali be afterwards made. XVllI ! 1 ,t 7l:e Commit' XVIII. Th AT befidcsTuch Genera! Yearly tee tnay alia Meetings, as arc h'-rein before agreed to be CoieraiMeet- ^^ atorefaid, it Ihall and may be lawful w^ of the Sub- - , ^ . r , rr^' A • u> then as often for the Committee, tor t'.if? Time bemg, or ^a^tbe\ Ihall thc major Part of them, to caufe a General think fit. Meeting, of the Subfcribers hereto, to be convened, when, and as often as, they fhall think fit, during the Continuance of thc faid Undertaking ; in order to make a Report of their Proceedings, relating thereto, to the Subfcribers, and to take their Opinion, and Di red ion, touching the fame -, or for fuch other Purpofes as the faid Committee fhall think fit. j^«y Numhef t)f the Subfcri- bers {not lefs than tzvent\) f>Tay call a Ge- neral Meeting> in Cafe the Committeet on Applicationy fhall refufe or i^egleiifotodo. XIX. Th a t if any of the Subfcribers here- to (being not leis than Twenty in Number) fhall be defirous of having a General Meet- ing of the Subfcribers called, in order to lay any Matters before them, relating to the faid Undertaking, and to have their Direc- tion or Refolution thereupon, and after Ap- plication made to the Committee, for the Time being, for that Purpofe, they or the major Part of them fhall refufe, or for thc Space of Twenty-one Days next afterwards neglecft, to convene fuch General Meeting, then, and in fuch Cafe, (but not otherwife) it f>iall and may be lawful for the Subfcribers, fo applying as aforefaid, (being not lefs than Twenty in Number) to call and convene a General Meeting of the Subfcribers hereto, for the Purpofes herein laft beforemen- tioned -, and, in fuch Cafe, the Secretary, for the Time being, fhall, upon the Requefl of fuch Subfcribers, applying as aforefaid, caufe pub- iick Notice to be given, in the London Ga^ zette '■ irljr be rful or eral be all faid ort the and uch ■hall '( 13 ) xetie, of the Time and Place of fuch Meet- ing, in fuch Manner as is herein mentioned. XX. That no Annual or other Ge- neral Meeting of the Subfcribers hereto fhall be had, until the'Sccretary, for the Time being, fhall have firft caufed, at lead, ten Days Notice to be given, in the London Ga- zette, XXI. That whatfoever (hall be tranfaded, refolved, or agreed upon, at fuch Annual or other General Meetings as aforefaid, by a Majority of Votes, of the Subfcribers pre- fent thereat, fhall be entered in the Minute Book herein before-mendoncd, or in fuch other Book as Ihall be for that Purpofe pro* vided, and fhall be abfolutely binding and conclufive to all the Subfcribers hereto, and their refpedive Executors, Adminiftrators, and Afligns ; and, fo far as the fame fhall concern or relate to the Committee for the Time being, fhall be obfcrved and purfued by them, as near as mviy be -, any Thing herein before contained to the contrary thereof in any wife notwithftanding. XXII. That at all fuch General Meetings as aforefaid, every Subfcriber prefent thereat, fhall have a Right to call for, and infped, any Books, Papers, or Writings, relating to the faid Undertaking, which fhall be then in the Cufbody or Power of the faid Committee, for the Time being, or their Secretary. XXIII. That all Monies to be paid for the faid Ships, or for the Purchafe or Hire of any other Ships, which fhall be bought or taken for the Ufe and Service of the faid Un- dertaking Tea Days Notice to he ^i" veth by the Se- cretary^ in the London Ga- ze :tc, of evcr^ General Meet- ing. All Tran- f.iSIijK'S and Rrfolutiorn at General Meet- ins^i to be en- tred in the Mi- nute -Book a- hovcmentioneJt or in fame other Book, and to be binding to all the Subferiben And,fo far as relating to theCovmitteet to be ohferved by them. At general Meetings ever-^ Subfcriber pre- fent may call for and infpeci any Books, Pa- pers or l-frit- ingi relating to the Undertak- ing, thi V in the Ctji'jdyor Poiu- er of the Con- 7nitlee,(,r the." Sccretii'-'i, ! i yill Cbayges incident to the Undertaking to be defrayed out cfthe Cnjh and Effe^s beiong- ing thereto. If a "D 'if cove - ry [hall be viade of the North- Weft Pari'.ige, by means of the intended Expe- dition, a gene- ral Meeting to be convened to refolve on a proper Method of application for the Rczvard granted byPar- liamentforfuch Difcovery ; Which, zvhen received, to bi depofited in the Bank, crinfuch BankersHands, ai the Commit- tee, or an^ five cf the ml ]h a II appoint^ till a Dividend can be made thereof amongft the Subfcrihen. In what ?nan ■ ner fiich Divi- iltnJt'jbcriadc> ( 14) dertaking, and alfo the Charges of the Out^ fet of fuch Ships, and the Wages of all Cap- tains, Officers, Seamen, and Servants, to be employed in the faid Undertaking or Expcr dition, and all the other Charges and Ex- pences whatfoever, any ways incident or re- lating thereto, fhall be paid, defrayed, and allowed, out of the Cafh and EfFedls belong- ing, or which fhall belong, to the faid Un- dertaking. XXIV. That in cafe the faid Under- taking fhall prove fuccefsful, and a Difcove- ryfhall.bemadeofthe hid North-PP^efl Pajfage^ by means of the faid intended Expedition for that Purpofe ; then a General Meeting of the Subfcribers hereto fhall be convened, in manner aforefaid, in order to deliberate, and refolve on a proper Method of Application for the faid Reward, granted, or expedled ta be granted, by Parliament for fuch Difcovery ; which, if obtained, and when received, fhall be depofited in the Bank oi Engl and y or in the Hands of fuch Banker or Bankers, as the Committee, for the Time being, or any five of them, fhall appoint, in the Names of the faid Commitee, until a Dividend can be made thereof amongtl the Subfcribers hereto. XXV. That us foon as conveniently may be, after Receipt of fuch Parliamentary Re- ward, all the Ships, Goods, and Effedts, then belonging to the faid Undertaking, which cannot properly be divided in Specie, fhail be lold, for the befl Price or Prices that can be got for the fame ; And the Moneys ari- fing thereby, and all other the Moneys, and Effefls, then belonging to the faid Under- taking, together with all fuch Moneys, as Ihall Out- Cap- to be Ixpcr Ex- or re- , and ong- Un- h lliall have been received on Account of luch Reward as aforefaid, fliall, after a Dedu(5lion thereout of all Charges incident or relating to the faid Undertaking, and after all the Accounts relating thereto can be finally ad- jufted and fettled, be divided and diftributed amongft all the Subfcribers hereto, in Propor- tion to their refpedive Shares in the faid Un- dertaking, as fet againft their refpediveNames. XXVI. That in Cafe a Difcovery Ihall be made of the iliid PafTage as aforefaid, then each of the Subfcribers hereto, who Ihall be prefent at the general Meeting, herein before agreed to be thereupon had as aforefaid, fhall fignify> whether he is willing to be concerned in profecuting further Difcoveries through the faid Paffage, and in opening a Com- merce with the Natives of the Countries, which may be difcovered adjoining, or near, to the faid PafTage, or not ? And fuch of them, as fhall then declare themfeives on the Affirmative Side of fuch Queftion, Ihall be mutually concerned and interefled in all fu- ture Adventures, for the Purpofes aforefaid, in fuch refpeflive Proportions, and on fuch Terms, and Conditions, as fhall be then agreed on, between them, in Relation thereto. XXVII. And, laftly, it is hereby mutually agreed, by and between ail the Subfcribers hereto, that in Cafe, and as often as, any Dif- ference or Difpute fhall happen to arife, be- tween the Committee, for the time being, and any of the other Subfcribers hereto, their re- fpedive Executors, Adminiftrators, or Af- figns, touching the faid Undertaking, or the Management thereof, or touching their refpe- dive Such of the S:/bfcribers ai ^fterDifcovery of the North- Weft PafTage y^<7//, at thege' jierdl Meeting to be thereupon had, agree to profecute fur' thcr Difcove- ries through fuch Paffage, and to open a Commerce with the Natives of the Countries adjoining thereto ; to he 7nutualiy con- cerned in all future Adven- tures for thofe Purpofesj on fich 'Terms Ai Jhall be then agreed on. If any Df- puteJJyouldarifi between the Committee, and at!"^ cfthe other Subfcribers, t9 be refer'd ti yjri'itfoitiir* !|. ( i6) dive Interefts therein, or the Conftruftion or meaning of thefc prefcnts, or any Claufe or Agreement herein contained, or any Thing relating to the faid Undertaking ; Then, be- fore any Suit fhall be commenced in Relation to fuch matter in DifFerence> the fame fhall be referred and fubmitted, to the Hearing and Determination of three reputable Mer- chants, One to be named by the Committee, for the time being, one other by the other Subfcribers, or fuch of them between whom and the Committee fuch Difference or Dis- pute fhall arife, and the third Perfon to be jointly named, and agreed upon, by the faid Committee, for the time being, and the faid other Subfdtibers, or fuch of them as a- forefaid; And that fuch Award or Determi- nation, as fhall from time to time be made, touching the PremifTes, by fuch three Arbi- trators, or any two of them, fhall be binding, and conclufive, to the refpeftive Parties iti Difference, and their re^pedive Executors, and Adminiflrators, without Appeal to Law, or Equity, or other Remedy or Relief what- foever, and fhall be performed and obferved accordingly ; So as fuch three Arbitrators, or any two of them, do and fhall make their Award in Writing, touching the Premifes fo to be to them referred, within two Calendar Months, next after every, or any, fuch Sub- miffion fliall be made to them as aforefaid* In JVitnefs whereoffFe have hereunto fet our ^ Hands, and Seals, this ^oth Day of March, in the Tear of our Lord 1745, and i?t the Eighteenth Tear of the Reign of our Sove- reign Lord George the Second, by the Grace of God, 0/ Great Britain, France, iknd Ireland, King^ Defender of the Faiths &c; lOn or lufe or Thing ;n, be- elation fhall earing Mer- nittee, other whom »r Dif- to be )y the nd the 1 as a- termi- made, Arbi- nding, ties in cutors, > Law, " what- iferved rators, e their lifes fo ilendar L Sub- aid. fit our rlarch, I in the " Sove- by the Tance, Faith y