1. Samuel Darby of Coalbrookdale, ironmaster
2. Mary Rathbone of Coalbrookdale, widow
William Rathbone of Liverpool,merchant - Mary and William Rathbone are the 2 acting executors in the will of Joseph Rathbone late of Liverpool, ironmaster, deceased
3. Rebecca Darby of Coalbrookdale, widow and administratrix of the personal estate and effects of Abraham Darby late of the Hay. Madeley, ironmaster, deceased
4. Sarah Darby of Coalbrookdale, spinster
5. William Reynolds of the Bank, Wellington, ironmaster
William Rathbone and Hannah Mary Rathbone his wife née Reynolds George Boxall of Godalming, Surrey, late a Clerk to the Ketley Co. Mark Gilpin of Coalbrookdale, Clerk to the Coalbrookdale Co.
By indenture of 22 June 1781 between Abraham Darby and Samuel Darby (1) Joseph Rathbone (2) Abraham Darby and Samuel Darby are each entitled to 1/5 of certain leasehold lands, collieries,ironstone works, roads, railways and other ways, ironworks, furnaces, foundries, forges in Great Dawley, Wellington, Little Wenlock, St. Mary Magdalene Bridgnorth, and Madeley, and in Liverpool, in articles of agreement 20 June then instant between Joseph Rathbone, Abraham Darby, Samuel Darby, Sarah Darby and William Reynolds, whereby they agreed to enter into copartnership in the carrying on of the works for 26 years.
By indenture of 21 June instant between Richard Reynolds (1) Joseph Rathbone, Abraham Darby, Samuel Darby, Sarah Darby and William Reynolds (2) Richard Reynolds let to (2) two iron furnaces called the Old Furnace and the New Furnace at Coalbrookdale and the parcel of ground on which the iron furnace stood (½a) together with 2 iron forges or smithies called the Great Forge and the Plate Forge, and a house called the Steel House but then used as a malthouse.
The building then used as a fire engine was re-erected on part of the premises thereby demised. All railways, roads & c leading over the premises. All lands, ways, waste, roads, railways and wharfages, part of the Manor of Madeley between the plating forge and the smelthouse at the R. Severn and from the smelthouse by Severnside down to a garden in Madeley Wood then late the property of - Hughes, widow,decd. Part of the waste ground several parts on which the forges and malthouse stood, with a new building, part used as a stable and other part as an office or store house at the upper end of Coalbrookdale, and a new engine pit, watercourse, brickyard and ground near the same (1½a); that part of the waste ground and bushes adjoining the said forges and then lately inclosed. To (2) for 26 years from 1 July next, at £400 p.a. Richard Reynolds also let by the said lease to (2) the ironworks, furnaces or foundry called Bedlam or Madeley Wood furnace(s) in Madeley Wood near River Severn. Parcel of land thereto adjoining part above and part below the furnace(s) being then used as a coke and fire hearth and other part as a wharf adjoining up to and on the bank of R. Severn, and other part then covered with coal, ironstone and other spoil out of the footroads (8a); the Whaffages belonging to the Manor of Madeley which Richard Reynolds had a right and power to demise. All the coalworks and ironstone works and all other minerals of Richard Reynolds.
All houses, stables, engines, gins and other buildings built by the Madeley Co or by Joseph Rathbone, Abraham, Samuel and Sarah Darby and William Reynolds (then the Mallets Pit Co, The New Jacobite Pit Co, and the Hollands footroad Co), with a piece of rough ground called the Upper Lloyds below the said ironworks (8 to 10a) then covered with spoil or pit mounds, with liberty to mine and erect buildings for works. To (2) from 1 July next for 26 years at £1,600 p.a.
After taking notice in the indenture of 22 June 1781 that Joseph Rathbone had then lately advanced divers sums for Abraham and Samuel Darby amounting to £60,000, and the Darbies not being able to pay him that amount, they in order to secure the repayment with interest had agreed to assign over not only their shares in the ironworks and premises mentioned to be worked in copartnership by the articles and lease, but their shares in the stock in trade and other materials for carrying on the said works, so by this indenture of 22 June 1781 in consideration of £60,000 advanced by Joseph Rathbone, Abraham and Samuel Darby assigned to Joseph Rathbone 2 out of 5 shares in the leasehold collieries coalworks and premises in Great Dawley, Wellington, Little Wenlock, St Mary Magdalen,Bridgnorth, Madeley and Liverpool, all which are in leases in the agreement of 20 June and lease of 21 June, and in all buildings. engines, wharfs, implements and materials, to Joseph Rathbone, subject to rents and covenants in leases & c and to proviso for redemption. After taking notice by indenture 24 November 1777 between Abraham and Samuel Darby (1) Richard Reynolds (2) reciting the Darbies possessed 4 twentieth parts or shares in ironworks and furnaces at the Horsehay Dawley and in ironworks and furnaces at Ketley, Wellington, and buildings belonging. Abraham and Samuel Darby were then indebted to Richard Reynolds in £8,000 secured by a bond of the same date, so they granted to Richard Reynolds the 4 shares in Horsehay and Ketley works subject to ap roviso for redemption. After taking notice in the indenture of 22 June 1781 Abraham and Samuel Darby as a further security for the £60000 had agreed to assign to Joseph Rathbone their right and equity of redemption in the last mortgaged premises, and Abraham and Samuel Darby agreed that the ironworks and premises & c at Horsehay and Ketley and materials, tools, buildings, railways & c by indenture of 24 Nov. 1777 assigned to Richard Reynolds, should stand as security for £60,000 with interestas for the £8,000 and interest. So the 4 twentieth parts were then assigned to Joseph Rathbone subject to payment of £8,000 and interest to Richard Reynolds, with proviso for redemption on payment of £60,000 and interest.
The £60,000 was further secured to Joseph Rathbone by a bond by the Darbies to him of 22 June 1781. Abraham and Samuel Darby afterwards paid to Richard Reynolds £8,000 and interest.
Abraham Darby died in 1789 intestate leaving Rebecca Darby his widow and 6 children - Anne Darby, Mary Darby, Francis Darby, Joseph Darby, Hannah Darby and Richard Darby. Letters of administration of his estate were granted to Rebecca Darby the P.C.C.
William Reynolds and Hannah Mary Rathbone his sister became entitled to 1/5 of the mines, 2/5 of which by indenture of 22 June 1781 were assigned by Abraham and Samuel Darby to Joseph Rathbone. By settlement before the marriage of William Rathbone and Hannah Mary his wife, her share was assigned to George Boxall and Mark Gilpin on trusts in favour of William Rathbone and Hannah Mary and their children.
By indenture of 4 February 1790 between Joseph Rathbone (1) Samuel Darby, William Reynolds, William Rathbone and Hannah Mary his wife, Rebecca Darby and Sarah Darby (2) reciting the indenture and bond of 22 June 1781 and that £60,000 was taken in the name of Joseph Rathbone in trust for the CoalbrookdaleCo consisting of Joseph Rathbone, Abraham Darby, Samuel Darby, Sarah Darby, William Reynolds, and Hannah Mary wife of William Rathbone, Joseph Rathbone declared that the £46,417 8s 7a then reminaing due on the above security was the property of the Coalbrookdale Co. in the following shares and proportions - Joseph Rathbone 1/5; Samuel Darby 1/5; Rebecca Darby as administratrix of Abraham Darby 1/5; Sarah Darby 1/5 and William Reynolds, William Rathbone and Hannah Mary wife remaining 1/5, and the name of Joseph Rathbone was used in trust for the Coalbrookdale Co.
Will of Joseph Rathbone 4 June 1790 after legacies, he bequeathed the residue of his goods and chattels to his wife Mary Rathbone, and by his will and 2 codicils appointed Mary Rathbone, William Rathbone, William Reynolds and William Horton executors. He died, and Mary Rathbone and William Rathbone above proved the will in P.C.C.
By bond 19 February 1778 Abraham and Samuel Darby were jointly bound to Sarah Darby in £400 for payment of £200 and interest to Sarah, which has not been paid.
By bond 16 June 1778 Abraham and Samuel Darby were bound to Joseph Rathbone in £1,000 for payment of £500 and interest. This was executed by Samuel but not Abraham Darby.
Mary Rathbone and Sarah Darby have lately at the request of Samuel Darby and as his proper debt,paid to the Coalbrookdale Co £16,400, being half of Samuel Darby and which he was liable to pay of the balance then due to the Co. on securities entered into by Abraham and Samuel Darby to Joseph Rathbone on trust.
Mary Rathbone and Sarah Darby out of great regard and affection for their brother Samuel Darby and his children agreed to release Samuel Darby for £13,000, part of £16,400 paid by them for his use, and they will release him from the2last bonds and the money thereby secured, in consideration of which Samuel Darby shall secure to Mary Rathbone and Sarah Darby £3,400 residue of £16,400 and interest, and make such provision out of his undivided shares in the estate and effects of the Coalbrookdale and Ketley Cos for himself, Deborah his wife and his children, and on failure of such issue, for the children of his late brother Abraham Darby.
So William Rathbone at the request of Samuel Darby and Sarah Darby assigns to Mary Rathbone and Sarah Darby an undivided fifth share of Samuel Darby in the leasehold collieries, ironworks & c in Great Dawley, Wellington, Little Wenlock, St. Mary Magdalene, Bridgnorth, and Madeley and in Liverpool - in leases; and the 2 twentieth shares of Samuel Darby in the ironworks and furnaces at the Horsehay, and 2 twentieth shares of Samuel Darby in the ironworks at Ketley &c, and his share in all mines, ironworks, buildings & c belonging to the Coalbrookdale Co and the Ketley Co. To hold to Mary Rathbone and Sarah Darby for the terms of Samuel Darby and William Rathbone therein, subject to covenants in articles of copartnership, and subject to a proportionable part of the rents, but freed from payment of £60,000.
On trusts:- Mary Rathbone and Sarah Darby are to carry on the works in conjunction with the several other partners, in the same manner as Samuel Darby should have done, and intrust during the joint lives of Samuel Darby and Deborah his wife, and of the survivor of them, and after the death of the survivor until the youngest child of Samuel Darby is 21, out of the profits from the shares and premises, to levy £300 p.a. to be paid 4 Feb. 4 Aug. and in trust during the continuance of the raising of £300 p.a. to pay the same for the use of Samuel Darby and Deborah and their children. In trust to pay out of the profits from the shares and premises in payment of the interest then due on £3,400 being the sum Mary Rathbone and Sarah Darby have agreed to accept in satisfaction for £16,400, or in payment of interest on part of £3,400 still unpaid, @ 5% p.a. from now, and after discharge of such interest, in trust to pay the residue of the profits in discharge of the said £3,400 and in trust to dispose of the profits as above until the £3,400 and interest has been satisfied. The sums to be paid or retained by Mary Rathbone and Sarah Darby in equal shares as tenants in common.
On further trust that Mary Rathbone and Sarah Darby shall invest the profits from the shares with the consent of Samuel Darby for life, then of the proper authority of Mary Rathbone and Sarah Darby in Government or real securities at interest, and in trust to place out or invest the dividends and interest therefrom arising, the accumulating dividends and interest to be invested until form a capital of £13,000 then in trust for Mary Rathbone and Sarah Darby if Samuel Darby is alive, to let him receive the profits of the undivided shares and premises hereby assigned and after his death, the shares and premises and the £13000 in trust for the children of Samuel Darby, as Samuel Darby appoints by will, and in default of such appointment, for all the children of Samuel Darby equally as tenants in common. If he has none reaching the age of 21 without issue, in trust for Ann, Mary, Francis, Joseph, Hannah and Richard Darby, children of the late Abraham Darby. If all die under 21 without issue, then in trust for Samuel Darby his executors, administrators and assigns, provided it shallbe lawful for Mary Rathbone and Sarah Darby after the £13,000 has been accumulated until the same has become vested and payable as above either to pay the interest arising therefrom not paid, to invest the same in Government securities to be added to and go along with the £13,000. If Deborah Darby survive her husband, and all the children of Samuel Darby die in the lifetime of Deborah before any of their portions become payable, then Deborah (without prejudice to raising the £3,400 and interest) shall after the death of Samuel Darby or failure of his issue, have and receive £300 p.a. above every other provision made for her free of taxes, charges on the clear profits of the undivided shares of the £13,000, to be paid Deborah in quarterly payments. For the life of Deborah Darby. Nothing in these presents shall prevent persons engaged in the Coalbrookdale and Ketley Cos from carrying on the several works, but Mary Rathbone and Sarah Darby are to concur in carrying them on with Samuel Darby and after his death in concluding either of the copartnerships as fully as Samuel Darby could have done. It shall be lawful for Mary Rathbone and Samuel Darby or the survivor of them with the consent as above to mortgage or assign any parts to any persons or join with other persons interested in the entire works and premises in selling, mortgaging, assigning or otherwise disposing of the same, and to purchase, hire or take to farm any other mines, works & proper for the carrying on of the partnership concerns according to the copartnership agreements. In consideration of the proposal and agreement on the part of Sarah Darby, Sarah Darby releases and discharges Samuel Darby and his heirs and his lands, tenements, goods and chattels from the bond of 19 Feb. 1778 by Abraham and Samuel Darby to Sarah Darby, and from £200& interest thereby secured, not discharging the estate and effects of Abraham Darby from the last bond and £200 and interest secured by it.
At the time of the death of Abraham Darby there was an unsettled account between him and Samuel Darby for divers transactions, still unsettled. From length of time, loss of vouchers & c it is now very difficult if not impossible correctly to settle the account, but it is supposed if settled it would appear that there was a balance due for the estate and effects of Abraham Darby to Samuel Darby. It was proposed between Samuel Darby and Rebecca Darby that they should without entering into the particulars of the last account mutually release each other from all claims, so Samuel Darby releases Rebecca as administratrix of the personal estate and effects of Abraham Darby from all claims of Samuel Darby in his estate. Rebecca Darby releases Samuel Darby from all claim of Rebecca as administratrix of Abraham Darby on Samuel Darby. Samuel Darby covenants with Mary Rathbone and Sarah Darby he will, at the request of Mary Rathbone and Sarah Darby make further assurances for assigning the undivided shares to Mary Rathbone and Sarah Darby on the trusts above. Mary Rathbone and Sarah Darby may reimburse themselves for their costs.
Signed by all parties, except George Boxall.
Witnesses: Richd Reynolds, Richd Dearman
True copy, examined with the original 4 March 1794 by Egerton Leeke and William Machin.