Difference between revisions of "MRP: C5/53/26 f. 1"
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//said Sir William Ryder | //said Sir William Ryder | ||
| − | //that he would take the whole trade upon | + | //that he would take the whole trade upon himselfe & pay and defray all the debt & charge thereofe which he might alsoe the rather doe because because he as he alleadgely haveing bennefitt a parcell of ?shares of the Royall Company and brought the same into the said XXXX account made alsoe great XXX thereby yett// |
| − | //neverthelesse he doth now refuse to performe any his said undertakeings | + | //neverthelesse he doth now refuse to performe any his said undertakeings And therefore all the doeings of the said confederate are against Equity In Tender consideracconn of all which premisses and and in asmuchas yo Orators are noe waies ??receevable in the premisses the XXXX but in this honoble court against the// |
//iniust dealeings & practizes ofe the said confederates and the rather because ???thryee witnesses who should prove the same are some of them dead & others of them beyond the seas neverthelesse they hope that the said confederates who know the same to be true will make discovery thereof upon ?their oathes And to the end// | //iniust dealeings & practizes ofe the said confederates and the rather because ???thryee witnesses who should prove the same are some of them dead & others of them beyond the seas neverthelesse they hope that the said confederates who know the same to be true will make discovery thereof upon ?their oathes And to the end// | ||
Revision as of 00:26, October 29, 2011
Contents
C5/53/26 f. 1
Abstract
Transcription
//XXXX//
//3:o Octobris 1668//
//?Wychel//
//To the Right hono:ble S:r Orlando Bridgman knight and Barronett Lord Keeper of the Great Seal of England//
//Humbly complayneing therewith unto your honor your Orator Sir Richard fforde of London knight and John Buckworth of London merchant That in the moneth of May in the yeare of our Lord one thousand six hundred sixty and fower there being A treaty between your Orators and S:r William Ryder of//
//London knight and William Cuttler of London merchant touching a trade of Iron and copper to be driven & carried on att Stockholme in Sweadland by them all Jointly it was concluded and fully agreed upon between your said Orators and the said S:r William Ryder and William Cuttler to become Joint partners in Equall//
//fowerths in the said trade of Iron & copper & that a Joint Stock should be forthwith raised by all the partners share and share like & placed in the hands of John Colvile goldsmith[1] for the advanceing & carrieing on ofe the said Joint Trade and it was further agreed between your Orators and the said Sir William//
//Ryder and William Cuttler that the said trade should be managed and driven on in the names of your Orator John Buckworth and the said William Cutler Jointly but not by either of them in particular and that all Letters & orders touching the said Trade should be in both their names as Likewise all goods which should be bought//
//abroad and sent home to London should be consigned & directed to your Orator John Buckworth and the said William Cuttler Jointly & not to one of them in particular And it was further agreed upon between all the said parties that what monies should be raised or borrowed by the said partners upon the account of the said Joint trade should//
//be actually paid into the said John Colvile And should be imployed onely in the said Joint trade and not upon any other account and that noe moneyes should be paid out of the said Joint stock but by the particular orders and directions ofe all the partners And that the said Joint Trade should be mannaged by your Orator John Buckworth//
//and the said William Cutler for the Equall benefitt of themselves and the said other two partners In pursuance of which agreement and designe your Orator John Buckworth & the said William Cutler with the privity and consent ofe the said other partners did give orders to Samuell Sowton & Thomas Cuttler (who was sonn of the//
//said William Cuttler) they being factors resideing att Stockholm aforesaid to buy on the account of the said Joint partners a certaine quantity of Iron and Copper att Stockholme aforesaid and to send & confirme the same to your Orator Buckworth and the said William Cuttler Joyntly in England with direcconns to them to drawe bills ofe//
//exchange for the vallue thereofe upon John Banks & Charles Banks being merchants resideing att ?Hambureinge in Germanie & upon William Vandervort & John Vandervort marchants resideing att Amsterdam in Holland in parts beyond the seas who were ordered for theire reimbursement to draw bills of exchange upon your Orator John Buckworth//
//and the said William Cuttler here in England in pursuance of which orders severall quantities of Iron and copper were by the said Sowton and Thomas Cuttler bought att Stockholme upon the account of the said Joint Trade and by them shipped and sent for England but how and for what reason your Orators know not the said//
//Iron and copper was not consigned and appointed to be delivered unto your Orator Buckworth and the said William Cutler Joyntly as the same should have been but it was consigned unto the said William Cuttler onely who received the same and afterwards without the knowledge or consent of your Orator Buckworth or the other partners sold & disposed//
//thereof to great proffitt but never to this day rendered any account thereof to your Orator Buckworth or to any other ofe the partners And the said Sowton & Thomas Cuttler after they had bought & sent the said Iron & Copper as aforesaid did draw bills of exchange for the same upon the said John & Charles Bankes & William & John//
//Vandervorts who in the like manner drew ??othyer bills of the like vallue upon your Orator John Buckworth and the said William Cuttler And there being by that meanes charged upon your Orator John Buckworth and the said William Cuttler for the said Iron & copper soe bought & sent as aforesaid & which was the first pcell which was//
//soe sent the summe of Eight hundred pounds & there being then noe money raised and brought into the said Joint Stock by any of the partners thereupon your Orators And the said William Ryder and William Cuttler did by a Joynt consent & upon Joynt security borrow and take up ofe the said John Colvile the summe of Eight hundred pounds//
//for the repayment whereof they did ioyntly give a note under their hands unto the said Colvile with which Eight hundred pounds they did pay the said Eight hundred pounds bills charged upon your Orator Buckworth and the said William Cuttler as aforesaid And your Orators and the said Sir William Ryder & William Cuttler finding that there was//
//a necessity for a considerable somme of money to be fourthwith raised and kept in banck for the supply and mannagement of the said trade (there being new orders sent unto the said Stowton & Thomas Cuttler for the buying and sendeing over of more Iron & Copper upon the said Joint account and upon which new orders the said Stowton & Thomas Cuttler//
//did send soe much more Iron & Copper upon the said Joynt Trade as cost fower hundred pounds more or thereabouts & which was consigned & received as the former Iron & Copper was by the said William Cuttler & noe part thereof was received by your Orator Buckworth thereupon the said S:r William Ryder did propose unto your Orator & the//
//the said William Cuttler that there was one Richard Bayly (who was his sonn in Lawe and formerly his servant) who had lyeing by him the summe of Two Thousand pounds and whom the said S:r William Ryder did undertake would lend the same unto your Orators & the rest of the partners at the rate of five pounds p centum p Ann upon their entering to a bond unto him//
//for the repayment thereof whereupon it was Joyntly agreed upon by your Orators & the said Sir William Ryder & William Cuttler to borrow the said Two Thousand pounds of the said Richard Bayley and that they should ioyntly seal a Bond unto the said Richard Bayly ofe the pennalty of fower Thousand pounds for the repayment thereof with//
//interest at five pounds p Centum p Ann att a certaine then to come and in purformance thereofe the said S:r William Ryder William Cuttler and your Orators did ioyntly enter into and seal a bond of fower hundred (sic) pounds pennalty wherein they were ioyntly and severally bound unto the said Richard Bayly condiconned for the payment of Two Thousand//
//pounds and interest att the rate aforesaid att a day past in which bond the said S:r William Ryder was made principall and which beares date on or about the one & Thirtieth say of August in the yeare of our Lord one Thousand six hundred sixty and fower & which was entred into upon speciall trust & agreement between the partners that it//
//should not be delivered unto the Richard Bayly untill the somme of Two Thousand pounds (which was the somme the said S:r William Ryder XXXX agreed & undertooke to the partners should be lent on that security) were totally & actually paid unto the said John Colvile on the account of the said Joint Stock And indeed the said Richard//
//Bayly was not present when the said bond was sealed nor had the said partners nor any of them (except the said S:r William Ryder) any discourse att any time with the said Richard Bayly touching the lending of the said Two Thousand pounds but the said bond was left in the hands of the Scrivener that drew it & was by agreement to remayne//
//there untill the said Richard Bayly had actually paid the said Two Thousand pounds as aforesaid which the said S:r William Ryder did undertake & agree should be accordingly paid for the common account & bennifitt ofe the said Joint Stock & not otherwise in confidence whereof the partners did enter into the said bond as aforesaid//
//And the said Richard Bayly did know or was informed that the said bond was entred into upon trust and agreement aforesaid between the partners And therefore in case any money were paid thereupon by the said Richard Bayly he ought to have received the partners direcconns therein ?which he had not And the//
//said S:r William Ryder In whom soe great trust & confidence was reposed by the said other partners as to seal the said bond before the money was paid upon his undertakeing as aforesaid) ought to have been carefull in the performance of his said trust & undertakeing but in trueth there is not to this day one pound ofe the said two//
//thousand pounds intended to have been borrowed on the said security really paid either to the said Colvile or to your Orators or to any others by their direcconns And howbeit it was pretended by the said Richard Bayly that he paid the said Two Thousand pounds unto the said S:r William Ryder who thereupon XXX the bonds from://
//the scriveners & delivered it to him yett is it unknowne to your Orators that the said Bayly did pay any money att all unto the said S:r William Ryder upon the said Bond he the said S:r William Ryder haveing noe authority from your Orators or either of them soe to receive nor the said Bayly soe to pay the same And your//
//Orators doe charge that in trueth the said Bayly hath not actually really lent & paid any monye upon the said bond And your
//pounds nor did the said Bayly untill some few months since take notice of the said bond unto your Orators although it is above fower yeares since
//upon the security aforesaid nor that the said Bayly did knowe of the said bond: your Orators being strangers to him and never discourseXX
//sealeing thereofe but that the name ofe the said Richard Bayly was made use off in the said bond by the said Sir William Ryder
//Ryder & the said William Cuttler & to which your Orators are strangers & noe waies concerned that soe he the said Sir William Ryder
//?sued upon the said bond soe by them & the rest of the partners entred into upon the condiconns & agreements aforesaid
//themselves how to charge and make your Orators pay the penalty of the said bond or att least soemuch as is menconed to be secured
//said bond by way ofe account ?transferr from the account ofe the said Richard Bayly to the account of the said S:r William Ryder the said Two Thousand pounds
//Two Thousand pounds intended to have been borrowed on the security of the said bond Whereas if any such somme were soe paid it as upon
//hands But however the said Richard Bayly being privy to & acquainted with the ??trust and agreement made as aforesaid between your Orators & the partners
//direconns ofe all the partners XX to the said John Collville (sic) as he knew they had agreed the same should be And yett
//XXXX upon the account ofe the said Joint Trade but insists & saith that whatever moneys he did receive from the said
//said S:r William Ryder and William Cuttler & great accounts were depending between them & upon some differences between them thereabout
//sent as aforesaid from StockXXXX for the Joint account & benefitt of the partners & hath sold & disposed
//borrowed to discharge & pay the bills which were drawne for the cost & charge ofe the said Iron & copper
//he ought to doe Insoe much as that your Orators are likely to pay both the said Two Thousand pounds unto the said Bayly and the said Eight
//had any bennefitt or profitt thereby The cheife designe & intent ofe the said partners
//paid out according to the orders ofe the said partners in the said Joint Trade
//Bayly hath in speeches declared the said William Cuttler had & that your Orators or either of them had noe part thereofe & therefore the said William
//practizes & designes ofe the said Richard Bayly
//before this time recovered
//of them as aforesaid reposed & by like confederacy he the said Richard Bayly
//said bond
//XXX by noe way or meanes by the strictest rules of the common be avoided
//Two Thousand pounds were really lent
//Sir William Ryder
//Colville according to the agreement
//not upon any other amount whatsoever and the said Sir William Ryder
//paid unto the said Colville whereas it was the agreement & intencconn
//pounds unto the said Bayly
//said Sir William Ryder
//that he would take the whole trade upon himselfe & pay and defray all the debt & charge thereofe which he might alsoe the rather doe because because he as he alleadgely haveing bennefitt a parcell of ?shares of the Royall Company and brought the same into the said XXXX account made alsoe great XXX thereby yett//
//neverthelesse he doth now refuse to performe any his said undertakeings And therefore all the doeings of the said confederate are against Equity In Tender consideracconn of all which premisses and and in asmuchas yo Orators are noe waies ??receevable in the premisses the XXXX but in this honoble court against the//
//iniust dealeings & practizes ofe the said confederates and the rather because ???thryee witnesses who should prove the same are some of them dead & others of them beyond the seas neverthelesse they hope that the said confederates who know the same to be true will make discovery thereof upon ?their oathes And to the end//
//they may soe doe & most especially that the said Richard Bayly may upon his oath sett forth wheither he really and acctually paid the said Two Thousand pounds or any other some and if soe how much and when and to whom and by whose order and upon what security or wheither the somme was not ?ever ?transferred from his//
//account to the said Sir William Ryders account & wheither he was not acquainted or had notice of the agreement and trust aforesaid between the said partners touching the ?grannt & payment ofe the said Two Thousand pounds And that the said Sir William Ryder my sett forth upon ??himselfe wheither he did not//
//undertake the borrowing ofe the said Two Thousand pounds and that the same should be paid unto the ?said John Colvile for the Joint account and bennefitt of the partners as what summe of money ife any were paid he did receive from the said Bayly and how he hath disposed thereof and whose order And ??whether//
//he did not agree that the bond should remayne in XXXXXXXXXXXXXXXXXXXXXXXXX agreement of the partthere aforesaid and how he is become possessed of the said bond and wheither the same was not entired into upon the trusts and XXXXX aforesaid And that the//
//said William Cuttler may declare what money he received of the said S:r William Ryder and upon what account And what Iron and Copper he Received from Stockholme upon the account of the said partners and from whom and may give and account how he hath disposed thereof and ?what order he received the//
//said [blank left in the original]: the said Iron and copper and wheither (sic) it as not agreed by all the partners that the said trade To Stockholme should be carried on and mannaged by your Orator John Buckworth and the said William Cuttler ioyntly or by him the said William Cuttler in particular And that the said//
//William Cuttler may sett forth why hee carried on the said trade without your Orator John Buckworth And that the said confederates may true and perfect answear make to all and singular the premisses upon their respective oathes And your Orators my be therein respectively XXXXed as to XXXX and//
//Equity upon the discovery the defend:ts shall make upon their oathes and the prooffes - your Orators shall produce May it please your good Lordshipp to grant unto your Orators his Maiejsties most gratious writt of subpena Issueing out ofe this honnoble Court to be directed unto the said William Ryder Richard//
//Bayly and William Cuttler thereby comanding them and every of them at a certaine day and under a certaine paine therein to be limitted to be and psonally to appeare before your honour in ths hono:ble court to answear all and singular the premisses As alsoe his Ma:ties writt of XXXXnon to be directed to the said//
//Richard Bayly his Councellors Attornies and Sollicitors thereby ?comanding them to stay all further proceedings upon the said bond untill this cause shall receive XXXXX and determinaconn in this honourable Court And your Orator shall dayly pray xr.
//Edw: ?Peck [Signature, bootom RH side]//
//Anth: ?Keck [Signature, bootom RH side]//
//
Commentary
Pepys mentions walking with John Colvile, goldsmith , to his former building in Lumbard Street (March 11, 1668) LOOK AT FULL DIARY ENTRY
See C5/53/26 f. 2
Potential primary sources
C 5/419/101 Colvile v. Cooze 1667
C 5/458/4 Cade v. Colvile: Middlesex 1673
C 5/459/17 Carew v. Colvile: Middlesex 1673
C 5/463/78 Colvile v. Gray: Middlesex 1674
C 5/480/51 Fenne v. Colvile: Middlesex. 1673
C 5/488/58 Gomeldon v. Colvile: Middlesex. 1672
C 5/610/84 Hampton v. Colvile: Middlesex. 1673
C 5/610/85 Hampton v. Colvile: Middlesex. 1674
C 5/518/45 Long v. Colvile: Middlesex. 1674
C 5/618/66 Loveroo v. Colvile: Middlesex. 1671
C 5/520/66 Man v. Colvile: Middlesex. 1673
C 5/536/2 Partridge v. Colvile: Middlesex. 1672
C 5/536/91 Pecke v. Colvile: Middlesex. 1674
C 5/582/3 Wogan v. Colvile: Middlesex. 1672
C 10/153/20 Bence, Crispe, Colvile, Hoare, Warring, Graves v. Hnyvett, Saywell: Middx 1670
C 10/192/24 Creede, Ashurst, Ducane, Chase, Giver, and others v. Lyndsey, Dowthes, Colvile, Browne, Wise, Morris, and others: Middx. 1676
C 10/163/57 Hoare v. Colvile, Browne, Knivet: Middx 1672
C 10/171/69 Johnson and others v. Colvile 1673
C 10/470/94 Maynard v Colvile, Portman, Cutler, Royle and Bradford: Middlesex 1670
C 10/170/81 Pile v Colvile, Sowton, Richards, Harrison and Grantham: Middlesex 1673
C 22/625/3 Emerson v. Colvile. Between 1558 and 1714
PROB 11/350 Bence 1-54 Will of Richard Bayly or Baylie, Merchant of Stepney, Middlesex 30 March 1676
Potential secondary sources
Horesefield, J. Keith, 'The stop of the Exchequer revisited', in The Economic History Review, vol. 35, Issue 4, pp. 511–528, November 1982
Richards, R.D., The early history of banking in England (XXXX, 1929), ch. III
Richards, R.D., 'The Stop of the Exchequer' in Economic History: Supplement to the Economic Journal, II (1930), pp. 45-62
Notes
Parliamentary Archives:...:Main Papers 609 - 633 HL/PO/JO/10/1/380 25 Jun 1678 - 15 Jul 1678
613. 26 June 1678 -- Goldsmiths Bill.--Amended Draft of an Act for confirming of several Letters Patents granted by His Majesty to Sir Robert Vyner, Edward Backwell, and others.
Annexed:
a) 28 June -- Petition of John Portman.
b) 28 June -- Petition of several creditors which late were of John Portman of London, Goldsmith, signed by Peter Vandeput, Fran. Neve, Rich. Banner, Edw. Beacon, Robt. Pring, and George Baron.
c) 28 June -- Petition of Alphonso Rodriguez, a foreigner, on behalf of himself and other foreigners, creditors of the Goldsmiths.
d) 28 June -- Petition of the Creditors of John Colvile, Goldsmith, deceased. Signed by John Carnegie.
e) 1 July -- Petition of John Lindsay, Goldsmith.
f) 1 July -- Petition of Robert Welsted.
g) 1 July -- Petition of several of the creditors of John Colvile, goldsmith, deceased. Signed by James Church.
h) 1 July -- Petition of John Buckworth and others, who have taken assignments from Mr. John Lindsay, goldsmith, as administrator in right of his wife, in satisfaction of their debts due from John Colvile, deceased. Signed by Fortune Dorrington, Eliz. Guilliom, Rich. Cradocke, Wm Johnston, Ja. Donaldson, Rich. Hawkins, Edw. Allen, John Letten, Francis Tyssen, John Middleton, John Wilson, Robt. Bodington, Geo. Cowart, Anthony Gregorie, Fran. Neve, Tho. Pinfold, John Frescheville, John Buckworth, Will. Moyer, Jane Jacson, Edw. Shelton, Mary Barrington, Jonadab Balam, and Pr Fontaine.
i) 2 July -- Account.
k) 2 July -- Account of assignments.
l) 2 July -- Proviso for the assignees of Lindsay.
m) 5 July -- Petition of Paul Allestree, Jo. Johnson, James Church, Wm Sherlock, Edw. Pigott, Hester Wastfeild, Edw. Bilton, Ri. Hutchinson and Ja. Kynom, creditors of Lindsay.
"[Appendix III: Book of Petitions. [As presented to Treasurer Danby : with Danby's orders or resolutions made thereon.], Book of Petitions, p. 2.] Same [Petition] from John Lindsey, goldsmith : shewing that his wife, as administratrix of John Colvile, assigned several orders to some widows, children and other necessitous creditors, in satisfaction of their debts ; which [orders] not being paid [by reason of the stop of the Exchequer the said necessitous creditors] are still very clamorous upon him to his great damage : and therefore prays that several orders to the value of 10,000l. or thereabouts, part of the estimate or amount [of his stated principal debt] settled for him [for his annuity] to be passed under the great seal upon his own account [as distinct from his wife's and John Colvile's account] may be taken out [or deducted from such stated account of his principal debt] and that so much belonging to the said necessitous persons may be inserted [in place thereof].
Resolution hereon : no exchange of orders to be allowed."[2]
"Same [Petition] to Treasurer Danby from Edward Westfield : shewing that Mr. Covill [Colvile], deceased, did owe petitioner 500l. payable with interest on 30 days sight ; by note 300l. [thereof] is paid, but Mr. Lindsey refuses payment of the rest. He prays to be in the [like] condition with the rest of Covill's creditors. (Struck through.)
In the margin : done. (Book of Petitions, p. 38."[3]
- ↑ John Colville, goldsmith of London was XXXXX
- ↑ William A. Shaw (ed.), 'Appendix III', Calendar of Treasury Books, vol. 5: 1676-1679 (1911), pp. 1336-1398. URL: http://www.british-history.ac.uk/report.aspx?compid=80699 Date accessed: 28 October 2011
- ↑ William A. Shaw (ed.), 'Appendix III', Calendar of Treasury Books, vol. 5: 1676-1679 (1911), pp. 1336-1398. URL: http://www.british-history.ac.uk/report.aspx?compid=80699 Date accessed: 28 October 2011
- ↑ William A. Shaw (ed.), 'Entry Book: March 1676, 21-25', Calendar of Treasury Books, Volume 5: 1676-1679 (1911), pp. 163-176. URL: http://www.british-history.ac.uk/report.aspx?compid=80591 Date accessed: 28 October 2011
