MRP: C10/155/38 f. 1 - Revision history

Francescagreenstreet at 10:08, December 28, 2011

2011-12-28T10:08:56Z

ColinGreenstreet at 12:16, November 14, 2011

2011-11-14T12:16:44Z

ColinGreenstreet at 10:28, November 1, 2011

2011-11-01T10:28:12Z

ColinGreenstreet at 10:10, November 1, 2011

2011-11-01T10:10:53Z

ColinGreenstreet at 08:59, November 1, 2011

2011-11-01T08:59:20Z

ColinGreenstreet at 08:58, November 1, 2011

2011-11-01T08:58:45Z

ColinGreenstreet at 08:55, November 1, 2011

2011-11-01T08:55:30Z

ColinGreenstreet at 08:06, November 1, 2011

2011-11-01T08:06:20Z

ColinGreenstreet at 22:28, October 31, 2011

2011-10-31T22:28:55Z

ColinGreenstreet at 22:13, October 31, 2011

2011-10-31T22:13:17Z

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 [14/11/11, CSG: Minor additions made to transcript]
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 ===Abstract===
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 The partners, according to Cutler, pursued an active export trade from London "to Stockholme in Sweden to Dansicke in Poland and to Riga in Sweden" consisting of sugar, tobacco, pepper, tin, lead , cardamon, coal, indigo, french and spanish wine, as well as other comodities.  In return they imported iron, copper, XXX, plates, XXX, guns, copper bars, and pitch, at considerable profit.  No additional capital was injected into the joint stock to support this trade, but Cutler is adamant that the trade was conducted within the existing partnership agreement.
-The broad thrust of Cutker's complaint is that he has been denied his fair and full share of profits due on the various contracts, but that he lacks access to the original documentation to probe this. He therefore asks the Court of Chancery to compell disclosure by the defendants, who are listed as the three other partners - Ryder, Backwell, and Cocke - and Ryder's agent or servant Samuel Heron (written in the bill of complaint as "Herne").
+The broad thrust of Cutler's complaint is that he has been denied his fair and full share of profits due on the various contracts, but that he lacks access to the original documentation to probe this. He therefore asks the Court of Chancery to compell disclosure by the defendants, who are listed as the three other partners - Ryder, Backwell, and Cocke - and Ryder's agent or servant Samuel Heron (written in the bill of complaint as "Herne").
 Cutler's Bill of Complaint is answered by Samuel Heron, Ryder's servant ([[MRP: C10/155/38 f. 2|C10/155/38 f. 2]]) , and by Ryder himself in ([[MRP: C10/155/38 f. 3|C10/155/38 f. 3]]).  No replies by Backwell and Cocke in this suit have yet been identified, although Cock himself was involved in litigation with a number of other parties throughout the 1660s (Pixley, Pearle)

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 ==C10/155/38 f. 1==
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 ===Abstract===
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 ===Transcription===
 //To The right hon:ble S:r Orlando Bridgman kn:t & Barr:t Lord Keeper//
 //of the great seale of England//
-//Complayning shweth unto yo:r good Lordshipp yo:r Orato:r William Cutler of London Merchant that whereas o:r Soveraigne Lord the King his Mai:tie that now is soone after his Mai:ties happy restoraconn that is to say about the beginning of the yeare of o:r Lord one thousand six hundred sixtie & one haveing occasions to make XXXXX XXXXX great quantity//
+//Complayning shweth unto yo:r good Lordshipp yo:r Orato:r William Cutler of London Merchant that whereas o:r Soveraigne Lord the King his Mai:tie that now is soone after his Mai:ties happy restoraconn that is to say about the beginning of the yeare of o:r Lord one thousand six hundred sixtie & one haveing occasions to make use of ??such great quantity//
-//of Hemp Tarr & Pitch to be imployed in his Navy and to be placed in storehouses for his Navy pvisions and haveing lately thentofore bought diverse pcells of Hemp Tarr and Pitch from diverse English merchants in London and other places XXXXX at extraordinary great rates and prizes & yet could not be furnished ?or supplyed with//
+//of Hemp Tarr & Pitch to be imployed in his Navy and to be placed in storehouses for his Navy pvisions and haveing lately thentofore bought diverse pcells of Hemp Tarr and Pitch from diverse English merchants in London and other places ??adiacent at extraordinary great rates and prizes & yet could not be furnished or supplyed with//
-//such vast quantities as the psent exegencies of that tyme did require for the supply whereof It was thought fitt by his sayd Mai:tie, his Councell, and the Comissioners of the then Navy, that there should be an expedient ?found out to furnish his sayd Mai:tie with y:e sayd Hemp Tarr & Pitch from Stockholme and other partes ?in //
+//such vast quantities as the psent exegencies of that tyme did require for the supply whereof It was thought fitt by his sayd Mai:tie, his Councell, and the Comissioners of the then Navy, that there should be an expedient found out to furnish his sayd Mai:tie with y:e sayd Hemp Tarr & Pitch from Stockholme and other partes ?within//
-//the Kingdome of Sweden or from other parts beyond the seas, at farr cheaper and more easy rates, and prizes than his Mai:tie had thentofore bought y:e same for, and that there might be noe lacke or want of such ?pvisions, if in case y:e sayd Warrs should continue, whereupon his Mai:tie did think fitt and itt was soe concluded & ?agreed//
+//the Kingdome of Sweden or from other parts beyond the seas, at farr cheaper and more easy rates, and prizes than his Mai:tie had thentofore bought y:e same for, and that there might be noe lacke or want of such ?povsions, if in case y:e sayd Warrs should continue, whereupon his Mai:tie did think fitt and itt was soe concluded & ?agreed//
-//on by y:e then Com:rs of his Mai:ties sayd Navy that his sayd Mai:tie should forthwith pvide a summe of money in Banke and elect two or three fitt and able merchants resideing in London who might prudently manage y:e sayd affaires and have trusty agents and correspondents resideing at Stockholme aforesaid and other XXXXXXXXXXX//
+//on by y:e then Com:rs of his Mai:ties sayd Navy that his sayd Mai:tie should forthwith pvide a summe of money in Banke and elect two or three fitt and able merchants resideing in London who might prudently manage y:e sayd affaires and have trusty agents and correspondents resideing at Stockholme aforesaid and other places XXXX ?of//
-//beyond y:e seas to ?pcue orders and make carefull retorne, all w:ch matters being thus agreed upon, it was his sayd Mai:ties gracious pleasure ?to (Or, in) thinke yo:r Orato:r and S:r William Ryder of y:e Citty of London then Merchant both being well acquainted in y:e way of trade as merchants to be fitt psons & agents for y.e sayd imploy:mt ?had did XXXX//
+//beyond y:e seas to ?pcue orders and make carefull retorne, all w:ch matters being thus agreed upon, it was his sayd Mai:ties gracious pleasure to thinke yo:r Orato:r and S:r William Ryder of y:e Citty of London then Merchant both being well acquainted in y:e way of trade as merchants to be fitt psons & agents for y.e sayd imploy:mt ?and did XXXX//
 //to yo:r Orato:r y:e sayd S:r William Ryder to appoynt such psons as yo:r Orato:r and the sayd S:r William Ryder shoulde thinke fitt to be theire correspondents beyond seas and his sayd Mai:tie of his further grace and favor to yo:r Orato:r and the sayd S:r William Ryder was pleased to contract and agree or otherwise some agreem:t was had and XXXXX//
@@ Line 42: / Line 47: @@
 //were to accrue to yo:r Orato:r amd y:e sayd S:r William Ryder in y:e management of y:e sayd imployment and soe yo:r Orato:r & y:e sayd S:r William Ryder became ioynt ptners in y:e sayd imploym:t by way of merchandizinge  And yo:r Orato:r further shewes that after y:e sayd contract soe made yo:r Orator and y:e sayd S:r William Ryder did thinke fitt and XXXXXXXXXXXXXXXXXX//
-//consent admitt George Cocke of London Merchant to come in a ptner with yo:r Orator & y:e sayd S:r William Rider (sic) in y:e sayd affaire for y:e better managery (sic) thereof and to have an equall third pt or share of y.e said pvision money and all such other pfitts & emoluments as might iustly accrue in such negociacon as aforesayd XXXXX//
+//consent admitt George Cocke of London Merchant to come in a ptner with yo:r Orator & y:e sayd S:r William Rider (sic) in y:e sayd affaire for y:e better managery (sic) thereof and to have an equall third pt or share of y.e said pvision money and all such other pfitts & emoluments as might iustly accrue in such negociacon as aforesayd XXXXXXXXXXXXXXX//
 //psuance hereof of his Mai:tie in y.e sayd yeare one thousand six hundred sixtie & one did advance in Ready Cash y:e summe of Twentie Thousand pounds or neere the thereabouts w:ch sayd summe soe advanced by his sayd Mai:tie was either payd in, unto y.e sayd S:r William Rider or unto Edward Backwell one of y.e now Aldermen of y.e Citty of London [??by the]//
@@ Line 54: / Line 59: @@
 //same, and that what Bills y:e sayd Correspondents or any or either of them should drawe upon yo:r Orato:r and y:e sayd S.r William Rider or the sayd Cocke or any of them for paym:t of the same should be forthwith payd, And yo:r Orato:r further shewes that that y.e sayd Corespondents did according to y.e sewall Advises of yo:r Orato:r & y:e sayd S:r William Ryder and [?y.e]//
-//sayd Cocke or some or one of them in y:e aforesayd yeare sent over for his sayd Mai:ties use diverse & sundry great quantityes of Hemp Tarr & Pitch to y:e value of Twentie thousand pounds or thereabouts and with the sayd sewall Shipps freighted with the sayd Hemp Tarr & Pitch did send over sewall Bills of Layding and Envoyces sheweing y.e pXXXXXXX//
+//sayd Cocke or some or one of them in y:e aforesayd yeare sent over for his sayd Mai:ties use diverse & sundry great quantityes of Hemp Tarr & Pitch to y:e value of Twentie thousand pounds or thereabouts and with the sayd sewall Shipps freighted with the sayd Hemp Tarr & Pitch did send over sewall Bills of Layding and Envoyces sheweing y:e pXXXXXXX//
 //thereof all which goods safely arrived & were stored in his Mai:ties Navy Storehouses with great appbaconn of his sayd Mai:tie & his Comm:ers of y:e Navy & all such  Envoyces & Bills of Lading came to y.e pticular hands of y.e sayd William Rider who did undertake to keep y:e accompts thereof and as to all such Bills for paym:t as were drawne by XXXXXX//
@@ Line 106: / Line 111: @@
 //And yo:r Orato:r further sayth that by the sayd last contract there  being  pticuler direcconns given by y:e sayd Com:rs to yo:r Orato:r and the sayd S:r William Ryder that they should pass insurances upon parte of the sayd goods, at discression  XXX XXX his pticuler [?three or four words are illegible]//
-//iust rate of insurances made by others as insurance, did come to one hundred and fiftie pounds, and did alsoe pay soe much p:rmium money to other insurers then alsoe insuring upon the sayd goods as did amount to two hundred & fiftie pounds or thereabouts and further  XXXX XXX that [?three or four words are illegible]//
+//iust rate of insurances made by others as insurance, did come to one hundred and fiftie pounds, and did alsoe pay soe much p:rmium money to other insurers then alsoe insuring upon the sayd goods as did amount to two hundred & fiftie pounds or thereabouts and further XXXX XXX that [?three or four words are illegible]//
 //wch did iustly accrue to the says S:r William Rider Alderman Backwell and yo:r Orato:r in the  negotiatonn of that affaire did amount to fifteene hundred pounds and upwards yet y:e sayd S:r William Rider notwithstanding he hath passed all the sayd pvision money p:rmium money payd by yo:r ??Orato:r [?two or three words are illegible]//
@@ Line 166: / Line 171: @@
 //iust share & pporconn of all pfitts  raised & had und:r y:e ptnershipp & y:t y:e S:d Sam: Herne may be compelled to sett forth his whole knowledge of y:e matters herein [?four to five words obscured in digital image] to y:e end y:t all & ewie y:e confederates my true & pfect answere make & y:t yo:r Orato:r may be releived in y:e p:rmisses according to equity & good conscience  may it please [?three or four words illegible]//
-//grant to yo:r Orato:r his Maties writt or writts of subpena to be XXXXXXXXXXXXXXXXX  out of this hobo:ble Court to be directed to the s:d S:r William Rider George Cocke Edward Backwell & ?Samuell:Heron commanding them [?six to eight words obscured in digital image] at a certaine day & under a certaine payne therein to be limitted to be & personally to appeare before your good Lordshipp in this hono:ble Co:rt [?four to six words words illegible]//
+//grant to yo:r Orato:r his Maties writt or writts of subpena to be Issueing out of this hobo:ble Court to be directed to the s:d S:r William Rider George Cocke Edward Backwell & ?Samuell:Heron commanding them [?six to eight words obscured in digital image] at a certaine day & under a certaine payne therein to be limitted to be & personally to appeare before your good Lordshipp in this hono:ble Co:rt [?four to six words words illegible]//
-//XXXXXXXXXXXX p:rmisses
+//XXXXgularly y:e p:rmisses & yo:r orato:r shall dayly pray x:r//
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 ===Commentary===

@@ Line 86: / Line 86: @@
 //doth not know but referreth himselfe to y:e contract, when it shall be pduced & y:e contract being renewed in that pticuler yeare there was the like sume of four & twenty thousand pounds payd in by y:e sayd Comm:rs to y:e sayd S:r William Ryder or to y:e sayd Alderman Backwell by his order & great pcells of Hemp Pitch & Tarr??were//
-//bought beyond seas for his Mai:ties use by yo:r Orato:r & the sayd S:r William Riders factors & safely arrrived in England,  of all w:ch y:e says S:r William Ryder had & kept the accompts as before & y:e sayd pvison money for that pticuler yeare did in like mannor  XXX above one thousand pounds of w:ch xo:r Orato:r [tear in document] and XXXXXX//
+//bought beyond seas for his Mai:ties use by yo:r Orato:r & the sayd S:r William Riders factors & safely arrrived in England,  of all w:ch y:e says S:r William Ryder had & kept the accompts as before & y:e sayd pvison money for that pticuler yeare did in like mannor XXX above one thousand pounds of w:ch xo:r Orato:r [tear in document] and XXXXXX//
 //or XXXXX parte admitting the sayd Cocke was left out for that pticuler yeare, & if he was not left out in the sayd contract, yet one third parte doth iustly belong to yo:r Orato:r, And yo:r Orato:r further shewes that afterwards there was another contract made by XXX betweene the then XXXXX his Mai:tie [tear in document]  XXoy & the sayd XXXX//FINGER
-//William Ryder yo:r Orato:r and the sayd  Alderman Blackwell who then came to be admitted in the place of the sayd Cocke by the consent & appbaconn of y:e sayd Cocke & by some agreem:t w:th him and the sayd Backwell the effect & substance of the contract y:e certainty whereof yo:r Orato:r has XXXX the same XXXXXXX//FINGER
+//William Ryder yo:r Orato:r and the sayd Alderman Blackwell who then came to be admitted in the place of the sayd Cocke by the consent & appbaconn of y:e sayd Cocke & by some agreem:t w:th him and the sayd Backwell the effect & substance of the contract y:e certainty whereof yo:r Orato:r has XXXX the same XXXXXXX//FINGER
 //said Com;rs being in writeing & remayning in the hands of y:e sayd S:r William Ryder beares date the seaventeenth day of January one thousand six hundred sixtie and four as yo:r Orato:r is informed & was in substance to y:e very effect of y:e former contract ?therein before recited to be made & ?bearing date y.e XXXXXXXXXXXX//
@@ Line 98: / Line 98: @@
 //to be payd by his sayd Mai:tie under this contract  was to be twenty five thousand three hundred pounds which sayd money was accordingly payd to y.e sayd S:r William Rider and Alderman Backwell or the one of them and for all w:ch the same pvision at four pounds p Cent was to be allowed as before, and like retournes were made, by y:e Correspondents//
-//of y:e sayd S:r William Ryder Alderman Backwell & yo:r Orato:r as in former yeares and all the goods soe sent did safely arrive and were placed in his Mai:ties Storehouses & the sayd Com:rs goods likeing the pticuler accompt was expressly agreed by and betweene y:e Orato:r and the sayd S:r William Rider & the sayd Alderman Backwell that the XX ?Alderman//
+//of y:e sayd S:r William Ryder Alderman Backwell & yo:r Orato:r as in former yeares and all the goods soe sent did safely arrive and were placed in his Mai:ties Storehouses to his Mai:ties & his sayd Com:rs good likeing the pticuler accompts  Bills of lading & Envoyces of all w:ch were as in former yeares delivered to  XXXXX y:e sayd S:r William//
-//XXXX for the better keeping true accompts thereof w:ch sayd pvision money under that contract did amount to thirteene hundred pounds or thereabouts And yo:r Orato:r further sheweth that under this last contract it was especially agreed by XXX
+//??Rider for the better keeping true accompts thereof w:ch sayd pvision money under that contract did amount to thirteene hundred pounds or thereabouts And yo:r Orato:r further sheweth that under this last contract it was especially agreed betweene yo:r Orato:r and  y:e sayd S:r William Rider & the sayd Alderman Backwell that  the s:d [?Alderman]//
-XXXXXXXXXX
-//Backwell should be appoynted the sole CastXXXX for the sayd twenty five thousand three hundred pounds that noe pt thereof should be payd or drawne out of cash from the sayd Alderman Backwells hands either by the sayd S:r William Rider or by yo:r Orato:rs pticuler direcconn: but that [tear in document] //
+//Backwell should be appoynted the sole Casheire for the sayd twenty five thousand three hundred pounds that noe pt thereof should be payd or drawne out of cash from the sayd Alderman Backwells hands either by the sayd S:r William Rider or by yo:r Orato:rs pticuler direcconn: but that [tear in document] //
-//And yo:r Orato:r further sayth that by the sayd last contract there being pticuler direcconns given by y:e sayd Com:rs to yo:r Orato:r and the sayd S:r William Ryder that they should pay insurances upon parte of the sayd goods at at ?discression, yo:r Orato:r for his pticuler parte did XXXXXXXXXX [tear in document] //
+//And yo:r Orato:r further sayth that by the sayd last contract there  being  pticuler direcconns given by y:e sayd Com:rs to yo:r Orato:r and the sayd S:r William Ryder that they should pass insurances upon parte of the sayd goods, at discression  XXX XXX his pticuler [?three or four words are illegible]//
-//?iust rate of  ?assurances made by others and assurance, did come to one hundred and fiftie pounds, and did alsoe pay soo much p:rmium money to other assurers then alsoe insuring  upon the sayd goods  as did amount to two hundred & fiftie pounds or thereabouts and further shewes that XXXXXXXXXXXXXXXXXXXXX must pf XXXXXXXXXX//
+//iust rate of insurances made by others as insurance, did come to one hundred and fiftie pounds, and did alsoe pay soe much p:rmium money to other insurers then alsoe insuring upon the sayd goods as did amount to two hundred & fiftie pounds or thereabouts and further  XXXX XXX that [?three or four words are illegible]//
-−
-//w:ch did iustly accrue to the sayd S:r William  Rider Alderman Backwell and yo:r Orator in the negotiation of that affaire did amount to fifteen hundred pounds and upwards yet y:e sayd S:r William Ryder notwithstanding he hath passed all the said pvision money pXXXXX money paye?d by yo:r Orato:r for XXXXXXXXXXXXXXX//
-−
-//aforesayd and yo:r Orato:rs owne insurance money, in Accompts to the Com:rs of the sayd Navy and hath had & reced full allowancet of all & ?ewy pt thereof yett hetherto hath refused to pay or accompt with yo:r Orato:r for for any parte thereof And yo:r Orato:r further shewes that such like contract as y:e ??fast  & w:ch like XXXXXXXXXXXXXX//
-−
-−
-−
-//appbacon and to such or such like effects was made betweene y:e sayd  Com:rs the sayd S:r William Rider Alderman Backwell and yo:r Orator in the yeare of our
-and five & the XX XXXX money accordingly payd into the hands of the sayd Alderman is XXXXX XXXXXXXXX contract//
-−
-//??acconn and to such or such like effect?s was made betweene y:e sayd
-XXXXXXXXXXXXX
-under y:e contract and XXXX money p:d to other ensurers w.ch amounted to three hundred pounds and upwards XXXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXX
-afores:d hath drawne by his  ?one pticuler order all the advance money p:d under the last two pticuler contracts out XXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXXXXX
-further shewes y:t y:e s:s S:r William Alderman & yo:r Orato:r haveing intimate acquaintance together as traders & Merchants XXXXXXXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXXXXX
-by & w:th y:e consent of y.e s.d Cocke & Alderman Backwell, & for y:e better carreing on y:e imploym:t afores:d did enter XXXXXXXXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXX
-share alike And yo:r Orato:r & y:e s:d S:r William Rider were y.e more incurraged to enter into y:e s.d ptnershipp by y.e helpe of XXXXXXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXXXXX
-y.e conveniencie of XXX freight of shipps w:ch should goe to import XXX s:d Mai:ties goods could be very effectuall XXXXXXXXXXXXXXXXX//
-−
-//
-XXXXXXXXXXXXXXXXXXXXX
-paym:ts as to y:e s:d ptnershipp it was conceived as well by y.e s:d S:r William Rider as by yo:r Orato:r there would XXXXXXXXXXXXXXXXXXXX//
-----------------
-//iust rate of insurances made by others as insurance, did come to one hundred and fiftie pounds, and did alsoe pay soe much  p:rmium  money to other insurers then alsoe insuring upon the sayd goods as did amount to two hundred & fiftie pounds or thereabouts and further  XXXX XXX that [?three or four words are illegible]//
 //wch did iustly accrue to the says S:r William Rider Alderman Backwell and yo:r Orato:r in the  negotiatonn of that affaire did amount to fifteene hundred pounds and upwards yet y:e sayd S:r William Rider notwithstanding he hath passed all the sayd pvision money p:rmium money payd by yo:r ??Orato:r [?two or three words are illegible]//
@@ Line 207: / Line 167: @@
 //grant to yo:r Orato:r his Maties writt or writts of subpena to be XXXXXXXXXXXXXXXXX  out of this hobo:ble Court to be directed to the s:d S:r William Rider George Cocke Edward Backwell & ?Samuell:Heron commanding them [?six to eight words obscured in digital image] at a certaine day & under a certaine payne therein to be limitted to be & personally to appeare before your good Lordshipp in this hono:ble Co:rt [?four to six words words illegible]//
 //XXXXXXXXXXXX p:rmisses
@@ Line 216: / Line 174: @@
 See [[MRP: C10/155/38 f. 2|C10/155/38 f. 2]]
 See [[MRP: C10/155/38 f. 3|C10/155/38 f. 3]]
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@@ Line 14: / Line 14: @@
 The partners, according to Cutler, pursued an active export trade from London "to Stockholme in Sweden to Dansicke in Poland and to Riga in Sweden" consisting of sugar, tobacco, pepper, tin, lead , cardamon, coal, indigo, french and spanish wine, as well as other comodities.  In return they imported iron, copper, XXX, plates, XXX, guns, copper bars, and pitch, at considerable profit.  No additional capital was injected into the joint stock to support this trade, but Cutler is adamant that the trade was conducted within the existing partnership agreement.
-The broad thrust of Cutker's complaint is that he has been denied his fair and full share of profits due on the various contracts, but that he lacks access to the original documentation to probe this. He therefore asks the Court of Chancery to compell disclosure by the defendants.
+The broad thrust of Cutker's complaint is that he has been denied his fair and full share of profits due on the various contracts, but that he lacks access to the original documentation to probe this. He therefore asks the Court of Chancery to compell disclosure by the defendants, who are listed as the three other partners - Ryder, Backwell, and Cocke - and Ryder's agent or servant Samuel Heron (written in the bill of complaint as "Herne").
 Cutler's Bill of Complaint is answered by Samuel Heron, Ryder's servant ([[MRP: C10/155/38 f. 2|C10/155/38 f. 2]]) , and by Ryder himself in ([[MRP: C10/155/38 f. 3|C10/155/38 f. 3]])
 ----
@@ Line 144: / Line 145: @@
 XXXXXXXXXXXXXXXXXXXXX
 paym:ts as to y:e s:d ptnershipp it was conceived as well by y.e s:d S:r William Rider as by yo:r Orato:r there would XXXXXXXXXXXXXXXXXXXX//
 ----------------
 //A great trade of merchandize w:th in all outwards appeareances & pbabilityes must turne to great accompt & pfitt & this ptnershipp betweene y.e s:d S:r W:m Rider & yo:r Orato:r upon y:e reasons afores:d being fixed & agreed in all poynts as to y:e s:d ptnershipp it was conceived as well by y.e sayd S:r William Rider as by yo:r Orato:r there would  not be any necessity for [??either]//

@@ Line 4: / Line 4: @@
 ===Abstract===
-Charles II, following his restoration, had urgent need for large quantities of naval supplies, specifically for hemp, tar and pitch, at reasonable prices.  In early 1661 he, his counsel and the commissioners of the Navy decided to appoint two or three experienced London based merchants to assist in procuring such supplies.  It was decided to advance £20,000 to fund this enterprise and to place it with London bankers.
+Following his restoration, Charles II had urgent need for large quantities of naval supplies, specifically for hemp, tar and pitch, at reasonable prices.  In early 1661 he, his counsel and the commissioners of the Navy decided to appoint two or three experienced London based merchants to assist in procuring such supplies.  It was decided to advance £20,000 to fund this enterprise and to place it with London bankers.
 William Cutler and Sir William Ryder were selected as suitable merchants, and they invited George Cocke to join them in this business in a partnership in which each were to hold a one third share.  The commercial terms allowed a four per cent commission on the value of all purchases of hemp, tar and pitch, together with some other commercial terms which are unspecified in the Bill of Complaint.  The £20,000 was advanced and placed with Edward Backwell in London, and the three partners instructed their Stockholm correspondents, Thomas Cutler, Beniamyn Ayloffe and Samuell Sowton, to commence buying large quantities of hemp, tar and pitch for shipment to England.

@@ Line 7: / Line 7: @@
 William Cutler complains that his one third share of the approximate £1000 of provision money due from the first year contract has been witheld by his other partners, together with his full share of the other advantages and profits of the concern to which he is due.  He is unable to produce documentation of the value oweing him since he agreed to the books of account and other documentation being kept and retained by Sir William Ryder.  William Cutler asserts that the Commissioners of the Navy were pleased with the performance of the contract in 1661.  He then refers to a contract between the partners on the one hand and the King and commissioners of the Navy on the other, dated July 3rd, 1662.  This contract appears to have renewed the contract with the partnership which had operated in 1661.  The new contract anticipated the purchase of £24,000 of similar materials to the previous year.   William Cutler claims that a similar contract was made for the year 1663, though he believes that George Cocke was ommitted from the contract in that year.
 Cutler's Bill of Complaint is answered by Samuel Heron, Ryder's servant ([[MRP: C10/155/38 f. 2|C10/155/38 f. 2]]) , and by Ryder himself in ([[MRP: C10/155/38 f. 3|C10/155/38 f. 3]])
@@ Line 139: / Line 142: @@
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 //in consideraconn thereof did agree w:th y:e s:d S:r William Rider & yo:r Orato:r to advance in pt of y:e s:d contract y:e summe of two thousand pounds w:ch they accordingly did doe & y:e s:d two thousand pounds mas iustly & truely p:d in, unto y:e s:d S:r William Rider or his order who had & reied the same & y:e s:d contract on yo:r Orato:r & y:e s:d S:r W:m Riders ?behalf was//

@@ Line 139: / Line 139: @@
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-//p:d intrand to y:e s:d S:r William Ryder
+//in consideraconn thereof did agree w:th y:e s:d S:r William Rider & yo:r Orato:r to advance in pt of y:e s:d contract y:e summe of two thousand pounds w:ch they accordingly did doe & y:e s:d two thousand pounds mas iustly & truely p:d in, unto y:e s:d S:r William Rider or his order who had & reied the same & y:e s:d contract on yo:r Orato:r & y:e s:d S:r W:m Riders ?behalf was//
-//had kept & XXXX by one Samuell Heron
+//truely performed & executed out of y.e proceeds of such goods & merchandizes as was in ioynt Stocke & trade bet y:e s:d S:r William Ryder & yo:r Orato:r in w:ch sayd contract soe made bet yo:r Orato:r S:r William Rider & y.e s:d Westerne & Partners as for & concerning y:e s:d Iron great pffitts were gained one full moiety of all w:ch as well as  y:e two thousand pounds XXXX//
-//afores:d pvision money allowed by his  Mai:tie or any other of these many pffitts & emoluents y:t did accrue under his s:d Mai:ties imploym:t as afore s:d & doth in like manner
+//p:d in hand to y:e s:d S:r William Ryder by y:e s:d Westerne & partners doth equally belong to yo:r Orato:r But now soe ill is may itt please yo:r Lordshipp y:t y:e s:d S:r William Rider haveing ?gotten unto his hands & custody all & all manner of letters writeings papers bills of lading & Envoyces concerning all & ewie y:e matters herein complaynd of or otherwise y:e ?same XXXX//
-//S:r W:m Rider give yo:r Orato:r any accompt of y:e s:d two thousand pounds recced from Westerne & Partners or any pfitts y:t did accrue under y:t contract & doth now deny
+//had kept & ?reved by one Samuell Herne (sic) agent or serv:t to y:e s:d S:r W:m Rider & alsoe himselfe or y:e s:d XXXXX keeping  from tyme to tyme all y:e bookes of accompt y:t concernes all those transacconns by combinatonn & confederacy to & w:th y:e s:d George Cocke & Alderman Backwell who as afores:d were  sewally & as for Distinct yeares ingaged w:th y.e s:d S:r W:m Rider & yo:r Orato:r as  for & concerning y:e//
-//to this uniust dealing knowing yo:r Orato:r hath none of y:e bookes of accompt nor can give him y:e s:d S:r W:m Rider any full charge for want thereof & y:e pticuler
+//imploye:t under his s:d Mai:tie & y:e Com:rs of y:e Navy & all y:e proceedings afores.d w:th their consent & appbaconn & by combinaton to & w:th y:e s:d Sam Herne umployed by y:e s:d S:r W:m Rider in keeping all the bookes of Accompts as afores:d doth more utterly refuse to render yo:r Orato:r any account of all or any these great matters & XXXXXXXXXXX or to pay yo:r Orato:r his due XXXX XXXX XXXX of y:e//
-//ptnershipp, & for y:e ??sound wittnesses w:ch can pve many pticulers before sett forth are either now dead or in pts beyond y:e seas & haveing made this s:d combinaconn ?sure
+//afores:d pvision money allowed by his  Mai:tie or any other of these many pffitts & emoluents y:t did accrue under his s:d Mai:ties imploym:t as afore s:d & doth in like manner refuse to give yo:r Orato:r any accompt of any y:e profitts had & made in y:e ioynt trade of merchandize ?exercised as in ptnershipp for soo many yeares together bet y:e s:d S:r W:m Rider & yo:r ?Orato:r [?three words out of focus in digital image]//
-//whereof & yo:r Orato:r being remedilesse by y:e Common Lawe & to y:e ends y:t y:e s:d S:r William Rider George Cocke Alderman Backwell & Sam: Herne may by y:e Ayde of
+//S:r W:m Rider give yo:r Orato:r any accompt of y:e s:d two thousand pounds recced from Westerne & Partners or any pfitts y:t did accrue under y:t contract & doth now deny y:t he was ever ptner w:th yo:r Orato in any trade of merchandize or y:t yo:r Orator was concerned in, or was to  have any benefitt of, any y:e s:d sewall contracts made w:th y:e s:d Comm of the XXX Navy & [?three words out of focus in digital image]//
-//yo:r Orato:r true Coppyes of all bookes of Accompts Bills of Lading Envoyces letters of Advice & other papers & writeings relateing to all & ewie y:e matters & charges sett forth in
+//to this uniust dealing knowing yo:r Orato:r hath none of y:e bookes of accompt nor can give him y:e s:d S:r W:m Rider any full charge for want thereof & y:t y:e pticuler matters of ?part before menconned or most of them lye in y:e pticuler notice of y:e s:d S:ir W:m Rider Cocke Backwell & Herne or appeare in y:e bookes of accompt the cheife  if not y:e onely XXXXX w:ch yo:r Orato:r  [?three words out of focus in digital image]//
-//Backwell an ?ending to their sewall XXXXXXXXX under y:e negotiatonns for his Mai:tie & that y:e sayd S:r William Rider & Sammuell Herne (sic) may sett forth all y:e whole matters
+//ptnershipp, & for y:t ?some wittnesses w:ch can pve many pticulers before sett forth are either now dead or in pts beyond y:e seas & haveing made this s:d combinaconn ?sure, w:th all y:e afores:d confederates & correspondents not to informe or ?discon ought of y:e s:d Accompts to yo:r Orato:r refuseth to make any accompt to yo:r Orato:r contrary to equity  & good conscience [?two or three words out of focus in digital image]//
 //XXXXXXXXXXXX p:rmisses

← Older revision		Revision as of 22:28, October 31, 2011
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−	~~XXXXXXXXXXXXX~~	+	//appbacon and to such or such like effects was made betweene y:e sayd Com:rs the sayd S:r William Rider Alderman Backwell and yo:r Orator in the yeare of our
	and five & the XX XXXX money accordingly payd into the hands of the sayd Alderman is XXXXX XXXXXXXXX contract//		and five & the XX XXXX money accordingly payd into the hands of the sayd Alderman is XXXXX XXXXXXXXX contract//