Difference between revisions of "MRP: C5/53/78 f. 1"

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C5/53/78 f. 1

Abstract

Samuell Sowton and Thomas Cutler were two young merchants living in Stockholm in the early 1660s and acting as correspondents for Sir William Ryder and Thomas' father, William Cutler. A bill of complaint was brought in Chancery by Sowton against Thomas Cutler, alleging that Thomas owes Sowton considerable sums of money. Thomas Cutler had returned to England in 1665, leaving Sowton in Stockholm. Before Thomas' departure, Thomas was allegedly already considerably in debt to Sowton, which he agreed to satisfy either by bills of exchange or by goods to be shipped to Sowton by Thomas Cutler from London. Furthermore, they agreed to trade in joint partnership after Thomas Cutler's return to England.

Transcription

//To the Right Honourable S:r Orlando Bridgman Kn:t and Barronet//
//Lord Keeper of the great Seale of England//

//Humbly Complayning sheweth unto yo:r goord Lordshipp yo:r dayly Orato:r Samuell Sowton of the Citty of London Merchant that in the year of our Lord one thousand six hundred sixty and four one Thomas Cutler also Marchant and yo:r Orato:r were at Stockholme in the Kingdome//

//of Sweeden upn Comission of S:r William Rider Knight and William Cutler And the said Thomas Cutler and yo:r Orato:r did pay sevrall summes of money each for other so that in the Month of December in the year of our Lord one thousand six hundred sixty five he the said Thomas//

//Cutler was indebted to yo:r Orator for moneys paid for him by yo:r Orat:r in Sweeden in the summe of seaventeene thousand nine hundred seaventy five Sweed Dollars or thereabouts which amount to eight hundred fifty five pounds nineteene shillings sterling money as by the books of accompt//

//kept by yo:r Orato:r and the said Thomas Cutler if pduced to this hon:ble Court would plainly appeare And yo:r Oarto:r further sheweth that the said Thomas Cutler about the Month of Decemb:r in the said year one thousand six hundred sixty five departed from Stockholm and//

//XXXXX for the port of London but before such his Departure did desire that yo:r Orato:r and hee the said Thomas Cutler might trade together and hold Correspondence with other and that hee and yo:r Orato:r might be equally concerned in proffit and losse of alll goods which yo:r

//Orato:r should ship from Stockholme aforesaid and consigne to him the said Thomas Cutler and that yo:r Orato:r might be equally concerned with him the said Thomas Cutler in all goods which he the said Thomas should shipp from London & consigne to yo:r Orato:r whereunto

//yo:r Orato:r and the said Thomas Cutler did agree and alsoe to pay the one moiety of all such money as should be paid for such goods And he the said Thomas Cutler both before & after he came to England from Sweeden XXX XXXX did p:rmise to satisfy and pay yo:r Orato:r the said//

//seaventeene thousand nine hundred seaventy five dollars either by goods which he intended as he alleadged to consigne to yo:r Orato:r from London or else by payment of bills of exchange in fforeigne parts which he would order yo:r Orato:r to Draw upon some pson or//

//psons which should accept and pay the same And yo:r Orato:r further sheweth That the said Thomas Cutler before he came from Stockholme aforesaid was indebted to severall psons there and ordered y:e Orato:r to pay and satisfy the same and to manage & defend//

//such suites as should be brought in Stockholme aforesaid for money from him the said Thomas Cutler or whatever might concerne his pticuler and p:rmissed to reimburse the charges of such suites to yo:r Orato:r and to satisfy yo:r Orato:r for his trouble//

//and paines therein and did faithfully pmise to remitt yo:r Orato.r such money as yo:r Orato:r should XXX lay out for him the said Thomas Cutler by bills of Exchange or otherwise And the said Thomas Cutler afterwards to witt about the Month of ffebruary//

//in the year of our Lord one thousand six hundred sixty and ??five aforesaid arrived at the port of London And being before concerned with yo:r Orato:r in a great pcell of Tobacco in the sound in parts beyond the seas which yo:r Orato:r paid for and managed for the said ioynt account//

//of the said Thomas Cutler and yo:r Orato:r he the said Thomas Cutler pmissed to pay the moiety of the moneys paid by yo:r Orato:r for the same the moiety whereof amounted to eight thousand six hundred eighty six Sweede Dollars & halfe a Dollar or thereabouts And being also then//

//concerned XXXX XXX XXXX in apcell of Iron ?soutas as an adventure in a certaine shipp called the half moone to Portsmouth and paid for by yo:r Orato:r he the said Thomas Cutler promised to pay yo:r Orato:r a moiety or else one third part of the moneys paid for the same the ?moeity of which//

//moneys came to eight thousand Dollars or thereabouts which sevrall summes doe amount to the summe of one thousand six hundres & fifty pounds eleven shillings sterling money which said money the saidThomas Cutler promised to satisfy and pay yo:r Orato:r by bills of//

//Exchange that yo:r Oratour should draw And yo:r Orato:r further sheweth that giving creditt to the fair speeches and ?spatious p:rtences which the said Thomas Cutler made to yo:r Orato:r he yo:r Orato:r did lay out and disburse for him the said Thomas Cutler divers//

//other great summes of money

//yo:r Orato:r being in Stockholme

//But so it is may it please yo:r good Lopp that

//yo:r Orato:r such moneys as yo:r Orato:r

//the utter ruine of yo:r Orato:r he being in a strange country

//thousand pounds or some such like summe

//said Thomas Cutler did send and consign

//allthough he had sufficient of yo:r Orato:rs money

//of his brother Nicholas Cutler whereas

//repaid by the said Thomas Cutler

//Orato:r And refused to gie yo:r Orato:r any account

//And he the said Thomas Cutler

//for the same and that yo:r Orato:r should not discover the trust

//as much as he hath charged when he consigned the same to

//forty three Rolls of S:t Christophers Tobacco instead of Pifftail Tobacco and charges the same in his Accompt to yo:r Orato:r

//pound and doth deny to discover to yo:r Orato:r where he bought the same or of whom or to show his books of account to yo:r Orato:r

//he writt to yo:r Orato:r he had sent the sd Thomas Cutler ought to take the same to his owne account but but he refuses so to doe And

//to time that all such goods as he consigned unto yo:r Orato:r which in pbability would pduce considerable proffitt such were sent in the names of other

//Accompt of him the said Thomas Cutler & yo:r Orato:r so that he the said Thomas Cutler did not deale so candidly & justly with yo:r Orato:r as he ought to

//??Clanson was Comander wherein yo:r Orato:r sent and consigned a great pcell of Iron to one Samuell Heron & gott the same into his hands by giveing

//And afterwards the said Thomas Cutler sold thirty Tun of the said Iron under the Markett price forty shilling p Tunn or if he sold the ame at any

//same Iron And he the said Thomas Cutler refuse to pay and satisfy yo:r Orato.r six and twenty thousand Dollars deposited by yo:r Orato.r for him

//brought in Sweden for XXXXXXX in and XX XXXX upon his the said Thomas Cutler & p accompt nor will he allow and pay yo:r Orato:r other great summes of

//Either ought to pay and satisfy And if he will come to a faire and iust accompt with yo:r Orato:r (which he hath hitherto refused to doe) it will

//And although he knows in his conscience the p:rmisses aforesett forth to be true yett to psecute his designe against yo:r

//yo:r Orato:r is indebted to him the said Thomas Cutler in a great summe of money And that he will recover the same from yo:r Orato:r And

//in the Lord Maiors Court London un an Accon upon the Case and hath laid his damages to four thousand pounds wich accon yo:r Orato:r

//Cutler hath declared against yo:r Orato:r upon a Generall Assunpstit for forty seaven thousand three hundred twenty seaven dollars and likewise for

//hundred and one pound sixteene and six pence sterling money and presenteth the same with great daXXXXXndss and gives out in

//not take any notice of the whole Account and off the moneys rdaly due to yo:r Orato:r thereupon which he ought to doe and coud to

//lend to yo:r Orato:r apparent wrong & injury In tender consideraton of which p:rmisses and for that matters aforesaid were trans?atted by yo:r Orato:r in the Kingdom of Sweeden and his witnesses that should pve the same being in parts beyond the seas//

//yo:r Orato:r is not releivable in the p:rmises by the strict Rules of the Common Law of this Kingdome but is pporéy releivable in this high and hon:ble court of Chancery where yo:r Orato:r hopes the said Thomas Cutler will ingeniously confesse the ?truth of the p:rmisses//

//To the intent therfore that the said Thomas Cutler may true Answeares make to All and singular the p:rmisses afoesaid upon his corporall oath and

//him and yo:r Orato:r & for the matters before sett forth and may sett forth whether he was notconcerned with yo:r Orato:r in Stockholme as aforesaid

//not then indebted to yo:r Orato:r in the summe of seaventeene thousand nine hundred seaventy five Dollars or some such summe & what summe

//upon the Joynt account of him the said Thomas Cutler & yo:r Orato:r or by ordering the payment of such bills of exchange as yo:r Orato:r

//from Stockholme aforesaid ?matter agree & prXXXX that yo:r Orato.r should be concerned in the moiety of all such goods as he the said Thomas Cutler should

//moneys as yo:r Orato:r should lay out And disburse in Sweeden aforesaid for him the said Thomas Cutler & whether at his comeing away from Stockholme

//divers summes due & oweing upon his the said Thomas Cutlers pper account And whether he did not Impoure yo:r Orato:r to manage and defend

//as security in the hands of any pson to become baile & security in such suites And whether yo:r Orato:r did not as he hath credibly heard &

//??given in Sweeden to become bayle in severall suites brought against the said Thomas Cutler or for his pp debt And whether he was not equally concerned with yo:r Orato:r in a great pcell of Tobacco in the sound about the time Last menconned and whether yo:r Orato:r did//

//not pay for such Tobacco and was not to have had & received the moiety of such moneys as he paid for the same or some pt thereof of him the said Thomas Cutler and whether he the said Thomas Cutler did not order yo:r Orato:r to draw bills of exchange ?on//

//and ??secured for a great summe of moneyes and what summe and did not order the said ??seccurers to accompt such bills or at least acquaint yo:r Orato:r that he had given him such order And whether yo:r Orato:r did not as he knoweth hath//

//heard or beleived draw bills accordingly and the same bills did not come back ptested And the reason thereof And may sett forth whether he paid yo:r Orato:r the said seaveenteene thousand nine hundred seaventy five Dollars & how he paid the same & XXX//

//and whether he paid yo:r Orat:r his moity of the moneyes that yo:r Orato:r paid fpr the said Tobacco in the sound which came to eight thousand six hundred eighty six & half a Dollar & how he paid the same & when and may also sett forth whether he was and ?consented//

//with yo:r Orato:r in a pcell of Iron ?sedulas as an adventure to Portsmouth by yo:r Orato:r and whether your Orato:r did not pay for the same ??pcell XXXX And he the said Thomas Cutler did not pmise to pay a moyety or one third part of the monyes paid for the same the XXXXXXX of which was XXX//

//??come to Eight thousand dollars or thereabouts which is three hundred & Eighty pounds in sterling & whether he paid the same to yo:r Orato.r & in whatt manner And how long after yo:r Orato:r sent the same as aforesaid And whether he doth not know beleive or hath readilly heard//

//that your Orato:r did lay out and expend by his order and upon his pp account divers other consierable summes of money & how much & whether he hath paid yo:r Orato:r the same & how & when And whether the said Thomas Cutler did not about the month of ?June//

//or July in the yeare of o:r Lord one thousand six hundred sixty & six informe yo:r Orator that he intended to consigne to yo:r Orato:r four & twenty Tun or some such great quantity of sugar upon the ioynt Account of him the said Thomas Cutler & yo:r Orato:r& XXXXX//

//was not then a debtor to yo:r Orato:r in much more moneys then would pay yo:r Orators moiety of the moneys pd for such sugars and whether hee did not afterwards send & consigne to yo:r Orato:r such quantities of sugar in the name of Nicholas Cutler and whether the ??said//

//sugars were really bought and paid for by the said Nicholas or by him the said Thomas Cutler & whether the same sugars was XXX XXX XXX pp account of him the said Thomas Cutler and may sett forth of whom he bought the same sugars & why he refuseth to XXXX//

//& XXXXX yo:r Orato:r the Moiety of the benefitt & pcedd of such sugars which amounts unto two hundred & fifty pounds sterling or thereabouts And whether he did not at the same time when he sent the aforesaid sugars to yo:r Orato:r allso send yo:r Orato:r a small parcell of sugars in XXX XXX//

//ioynt account of him

//did not about

//other or greater summe

//Orato:r S:t Christophers Tobacco

//XX all such

//sett forth

//be enjoyned

//same and may sett fforth he did not ?molest and XXX one ??Tonno ??Clauson & Samuell Heron or one of them for a pcell of Iron consigned by yo:r Orato:r to the said Heron & whether he did not know the same was consigned XXX to Heron And by what meanes he gott the said Iron into//

//his hands whether he did not give the said XXXXon a Xold or XXXXing to indemnify him ?Chargeing the same And may also sett forth for what he sold the said Iron & to whome & what he received for the same in moneyes goods & whether he did not sell the same under the Markett price & how much & whether when he sold//

//the same he was not very much in necessitye for moneys to pay his debts and therefore sold the said Iron at any Rate for ready moneys or for what Reason he sold the same under the Markett price And may satisfy yo:r Orato.r for the same And that yo:r Orato:r may XXXXXXXXXXXXXXX//

//p:rmisses according to Equity May it please yo.r good Lopp to grant XXXXXXXXXXXXXXXXXX his Majdetyes writt of subpena to be directed to the said Thomas Cutler thereby commanding him at a certaine day and under a certaine paine to appeare in this high and hono:ble Court then XXXXX to make answeare//

//unto all singular the p:rmisses aforesaid upon his corporall oath And that he may be enjoyned to stay all further preceedings at Common law and stand unto pforme and abide such furtehr and finall XXX orders and directXX in & touching the p:rmisses As to yo:r Lopp upon XXXXXXXXXXXXX shall//

//XXXX And meet and agreeable to Equity And yo:r Orato:r pray x:r//

//Inter [ventre bottom of document]//

//XX ?'Norton [signature, bottom RH corner]

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