Abraham Darby’s security to Thomas Goldney |
|
| Document | Close window |
| 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.
|
|
