Abraham Darby’s security to Thomas Goldney
Wiltshire and Swindon Record Office, ref: CRO 473/156 (14 April 1713)

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This Indenture Made the Fourteenth day of Aprill In the yeare of our Lord One Thousand Seaven hundred and thirteene and in the Twelfth yeare of the reigne of our Sovereigne Lady Ann by the grace of God of Great Britaine France and Ireland Queene Defender of the Faith etc Between Abraham Darby of Maidly in the County of Salop Ironmonger of the one part And Thomas Goldney of the City of Bristol Merchant of the other part Whereas the Said Abraham Darby being possessed and Interested of and in and entituled unto thirteen Sixteenth parts and shares (The whole being divided into Sixteen equall parts) of and in the benefit and advantage to arise and be made by virtue of a caertaine Copartnership Sometime Since entred into with James Peters Merchant and Graffin Prankard Gentleman in and by certaine Articles of Agreement Tripartite bearing date the Eighth day of February Annoq[ue] D[o]m[ini] 1709 made between the said Abraham Darby of the First part the said James Peters of the Second part And the said Graffin Pranford of the third part for carrying on the use and Exercise of a work or furnaces for casting and making of Iron Potts and other Iron wares at certaine workhouses and conveniences therefore Situate and being at Colebrook Dale in the parish of Maidly aforesaid in the Said County of Salop for a certaine Terme of Fourteen yeares to continue Which said Thirteen Sixteenth parts and Shares of the Said Abraham Darby of and in the Said Copartnership or business of casting and making of Iron Pots and other Iron Wares is of the full value of Three Thousand pounds or upwards And Whereas the said Abraham Darby having an occasion of the Sum[m]e of One thousand and Seaven hundred pounds hath this day borrowed the same of and from the Said Thomas Goldney on Security of Eight of those his Said Thirteenn Sixteenth parts and Shares in the Business aforesaid And also on Security of the Buildings Implements and Utensills and all other Appurtenances of or belonging to the said Work Now this Indenture witnesseth That for and in Considerac[i]on of the Said Sum[m]e of One Thousand and Seaven hundred pounds of lawfull money of Great Britaine to the said Abraham Darby in hand paid by the Said Thomas Goldney Att and before the Ensealing and delivery hereof The script whereof the Said Abraham Darby doth hereby confesse and Acknowledge and thereof and therefrom and of and from every part and parcel thereof doth acquit release exonerate and discharge the Said Thomas Goldeney his Executors and administrators and every of them forever by these presents He the Said Abraham Darby hath Granted bargained and Sold, Transferred assigned and Set over And in and by these presents Doth Grant bargaine and Sell Transfer assigne and Sett over unto the said Thomas Goldney Eight of those his the Said Abraham Darby Thirteen Sixteenth parts and Shares in and to the said Joynt Stock and Partnershipp in the Said Art Trade And business of Casting and making Iron Potts and other Iron ware Soe managed had and carried on at the Workhouses and other Conveniences therefore Scituate and being at Cole Brook Dale aforesaid and the profits and Proceeds of the said Eight of those the Said Thirteen Sixteenth parts and Shares in the Said Partnershipp by virtue of the said Articles of Agreement or otherwise howsoever And all right title interest property clayme and demand whatsoever either in law or equity or otherwise howsoever of him the Said Abraham Darby of into or out of Eight of those his said Thirteen Sixteenth parts and Shares Implements and Utensils and all other Appurten[an]ces of or belonging to the Said work and to the Said Joynt Stock and Partnershipp and the Profits and proceeds thereof To have and to hold the Said Eight of those Thirteen Sixteenth parts aforesaid and other the premises hereby bargained Sold and transferred or menc[i]oned or intended to be hereby bargained Sold and Transferred and every part thereof unto him the Said Thomas Goldney his Executors administrators and Assignes as his and their proper Chattels and Estate for and during all the rest residue and remainder yet to come and unexpired of the said terme of Fourteene yeares and during the whole continuance of the said Copartnership in as large and ample and being beneficiall manner As the Said Abraham Darby his Executors or adm[ini]strators may or can or might or could hold or enjoy the Same parts and Shares hereby bargained and Sold by virtue and force of the Said Articles of Agreement provided always and upon this Condic[i]on Nevertheless That if the Said Abraham Darby his heires Executors Administrators doe and Shall well and truly pay or cause to be paid unto the Said Thomas Goldney his Executors or adm[ini]strators or assignes The full Sume of One Thousand and Seaven hundred pounds and the lawful Interest thereof of lawfull money of Great Britaine At and upon the Fifteenth day of October next ensueing the date hereof According to the Condic[i]on of One Bond or Obligacon bearing equall date herewith wherein and whereby the Said Abraham Darby is and Standeth Bound unto the Said Thoams Goldney in the penal Sum[m]e of Three Thousand and Four hundred pounds That then and from thenceforth these presents and every Grant Act matter and thing whatsoever herein contained Shall cease determine and be voyd Any thing herein conteyned to the contrary thereof in any wise notwithstanding And the Said Abraham Darby for himself his heires Executors and Adminsistrators Doth covenant promise and grant to and with the said Thomas Goldney his Executors Administrators and Assignes by these presents That from and after default of payment shall happen to be made contrary to the true meaning of the provisoe or Condic[i]on aforesaid It shall and may be lawfull to and for the said Thomas Goldney his Executors Adminstrators and Assignes during all the residue and remainder which shall be then to come and unexpired of the Said terme of Fourteen yeares peaceably and quietly to have hold and enjoy and receive and take the profits of Such parts and Shares of the Said Joynt Stock and partnership as are hereby granted transferred and Assigned or menc[i]oned or intended Soe to be without any let Suite trouble molestac[i]on disturbance or Incombrance whatsoever of or by him the Said Abraham Darby his Executors or administrators or any claymeing or to clayme from by or under him or them And further that from and after such default of payment Shall be made he the Said Abraham Darby his Exec[utors] or Adm[ini]str[ators] Shall & will at the reasonable request of the said Thomas Goldney his Exec[utors] Adm[inistrators] or assignes make doe & execute all & every Such further & other better & more perfect Assignment Grantor Conveyance in the law whatsoever for the further better & more perfect & absolute Granting transferring assigning such parts & Shares of the said Joint Stocks partnership as are hereby granted transferred & assignes & every part & parcel thereof unto him the said Thomas Goldney his Executors Administrators or Assignes in manner & forme aforesaid and according to the purport and true intent and meaning of these presents As by him the Said Thomas Goldney his Exec[utors] Adm[inistrators] or Assignes or his or their Councell learned in the Law Shall be in that behalfe reasonably devised or advised & required And it is agreed by & between the said partyes hereto That until such default of payment Shall be made he the said Abraham Darby his Exec[utors] or Adm]inistrators] shall & may hold and enjoy the said hereby Transferred p[re]mises without any manner of lett Suit or Interrupc[i]on of or by him the said Thomas Goldney his Exec[utors] Adm[inistrators] or assignes or any person or persons clayming or to clayme from by or under him or them And the said Abraham Darby for the Considerac[i]ons aforesaid Hath made ordained constituted Authorizes & appointed And by these p[re]sentes Doth make ordaine constitue Authorize & appoint the Said Thoams Goldney his true & lawful Attorney irrevocable in the name of him the Said Abraham Darby but to & for the use of the said Thomas Goldney his Executors Administrators and Assignes for the purpose of the aforesaid and Subject to the said Provisoe to ask demand Sue for recover & receive out of the said Joynt Stock & partnership and the profits & proceeds thereof the said Summe of One Thousand and Seaven hundred pounds and the lawful interest thereof when the Same shall become due & payable by the true meaning hereof And lastly the Said Abraham Darby for himself his Exec[utors] and Adm[inistrators] doth Covenant Promise & grant to & with the said Thomas Goldney his Exec[utors] Adm[inistrators] & assignes by these p[re]sents That the said Abraham Darby hath not at any time heretofore made done or committed any grant act matter or thing whatsoever whereby or by meanes whereof the Severall parts and shares of him the said Abraham Darby (of & in the partnership Buildings Implements p[re]mises hereby bargained and sold or menc[i]oned or intended soe to be or any part thereof are is or shall or may be charged impeached or incombred in title charge Estate or otherwise howsoever) And that he the said Abraham Darby at the time of the ensealing & delivery hereof hath in himself full power good Right and lawfull Authority to Grant bargaine & sell transfer assigne & sett over unto the Said Thomas Goldney his Exec[utors] Adm[inistrators] and Assignes The Severall parts shares & p[re]mises of in & to the said Partnership which are hereby Transferred & assigned in manner & forme afores[ai]d And According to the purpose & true meaning hereof In Witness whereof the partyes first Above named to these p[re]sent Indentures Interchangably have set their hands and seales the day and yeare first Abovewritten.


 

 

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