MRP: C10/155/38 f. 1
C10/155/38 f. 1
Editorial history
[14/11/11, CSG: Minor additions made to transcript]
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Abstract
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.
In the first year of operation £20,000 of materials were purchased and shipped, as demonstrated by the bills of lading. Sir William Ryder maintained the accounts for the concern. Bills of exchange for this amount were delivered to London and were settled both by Sir William Ryder and Alderman Edward Backwell, with documentary proof remaining in the hands of Sir William Ryder in the form of bills of lading, invoices, account books, and bills of exchange.
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.
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 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 (C10/155/38 f. 2) , and by Ryder himself in (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)
Transcription
Transcription requires some further work
//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 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 ??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 ?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 ?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 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 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//
//by his said Mai:ties Comm:rs of the Navy for and on his Mai:ties behalfe to and with yo:r Orato:r and y:e sayd S:r William Rider (sic) to allow unto yo:r Orato:r and y:e sayd S:r William Ryder four pounds p Cent ?pvision money for all such sums of money as should be layd out and expended in buying y:e sayd Hemp & Pitch and some other ?most advantag?eous XXXXX//
//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 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]//
//order of y:e sayd S:r William Rider, there to remayne ready at all tymes to defray & discharge all such Bills of exchange as should be drawne upon yo:r Orato:r or y:e sayd S.r William Ryder for such Hemp Tarr & Pitch as should be bought by their Correspondents beyond Seas And yo:r Orato:r further shewees that should after XXXXXXXXXXXXX//
//mai:ties had soe deposited his advance money, yo:r Orato.r y:e sayd S:r William Rider and Cocke did take upon them the managem:t of y.e sayd concerne and forth with did appoynt their correspondents in sewall pts beyond y:e seas that that is to say Thomas Cutler Beniamyn Ayloffe and Samuell Sowton Merchants resideing at Stockholm XXXXXXXXXXXXX//
//and other pts in y.e sayd Kingdome of Sweden And by letters of Advise did direct & appoynt y.e aforesaid Correspondents to buy up great quantities of Hemp Tarr & Pitch and with the first convenient expedicon, safely to shipp y:e same, for y:e River of Thames to be layd ?up in his Mai:ties Storehouses And to advise yo:r Orato:r and the sayd S:r William Rider & George Cocke [?of ?the]//
//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//
//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//
//correspondents upon yo:r Orato:r and the sayd S:r William Ryder the same were also delivered to y.e sayd S:r William Rider and paym:t thereof made by him or or by y:e sayd Alderman Backwell accordingly as by y.e sayd Bills of Layding Envoyces books of Accompt & Bills of exchange now remayning in y.e custody of y:e sayd S:r William Rider if y:e XXXXXXX//
//or could pduce the same ?migh[t] fully appeare And yo:r Orato:r further shewes that y:e very p?vision money of y:e pticuler yeare doth amount unto neare one thousand pounds whereof yo:r Orato:r ought to have had and recced his full thirds part besides his equall ?devident of XXXX other XXX p:rfitts & advantages that did accrue to yo:r Orato:r y:e sayd [?S:r ?William]//
//Ryder and Cocke in the carreing on and manageing y:e sayd affaire as is well knowne to y:e sayd S:r William & the sayd Cocke All which the sayd S.r William Rider & y:e sayd Cocke or one of them iniustly & contrary to good conscience deteyne from yo:r Orato:r and refuse 4 (sic) to rende him any accompt thereof takeing advantage that yo:r Orato:r//
//submitted y:e keeping the said accompts to the sd S:r William Rider who therefore of necessity was to have the keeping of all the sayd Bills of Layding and Envoyces soe as yo:r Orato:r cannot give him or the sayd Cocke or either of them any pticuler charge And yo:r Orato:r further shewes, that his Mai:tie & his sayd Com:rs of his Navy were pleased with the faithfullnesse & good service of yo:r Orato:r y:e sayd S:r William Ryder & Cocke//
//in that imploym:t for y:e aforesayd yeare, that the sayd Com:rs for y:e Navy at his Mai:ties appbaccon & appoyntm:t by a certayne writing of contract and agreem:t under their respective hands & gewall seale bearing date the third day of July one thousand six hundred sixtie and two reciteing y:e conveniency for his Mai:tie to be accomodated w:th yXXXXX//
//from Sweden in psuance of y.e Crowne of Sweden pposalls & reciting that y:e managem:t thereof should be comitted to psons of knowne integrity and and ability & that in psuance thereof they had made choice of y.e sayed S:r William Rider yo:r Orato:r & the sayd Cocke And by y:e sayd writeing did agree that y:e sayd S:r William Rider your//
//Orator & the sayd Cocke should cause to be bought at Riga or Quinsborough & delivered at Portsmouth Chatham or Woolwich (the danger of y:e seas excepted) five hundred tonnes or what pt thereof could be pcured of Merchants att Riga ?Rhyne Hemp w.ch was conceived would amount to four & twenty thousand pounds//
//w:ch sume the sayd Com:rs did thereby pmise to pay y.e sayd S:r William Ryder, yo:r Orato:r & Cocke within eight weekes by weekely pporconns And the sayd S:r William Ryder yo:r Orato:r & the sayd Cocke did by the sayd writeing oblige themselves to cause ?disbursances upon y:e syd Accompt to be made att the easiest rates either in//
//his Mai:ties name or their owne names And it was thereby agreed that the com:rs should pay all cost and charges freight & factorage ensurances x:r And allow the sayd S:r William Ryder yo:r Orato:r & the sayd Cocke four pounds p Cent upon y:e whole for pvision money ?as by y.e sayd writeing itselfe now remayning//
//with yo:r Orato:r ready to be pduced may at large appeare And yo:r Orato:r further shewes that the sayd four & twenty thousand pounds was payd according to y:e sayd contract either to y:e sayd S:r William Ryder or to y.e sayd Alderman Backwell by his ?'appoynt:mt & great quantities of Hemp together with Pitch & Tarr //
//were bought for his sayd Mai:ties use by yo:r Orato:r y:e sayd S:r William Ryder & Cocks aforemenconned Correspondents & were by them sent for England & safely Arrived & stored in his Mai:ties Storehouses at direconn oy y:e sayd Comm:rs to his Mai:ties and y:e sayd Comrs of the Navys good appbaconn and that y.e sayd S:r William Ryder or the sd//
//Cocke or one of them (in like mannor as in y:e yeare before) had all these Bills of lading & Envoyces & kept the accompts thereof & payd the Bills of exchange & recced all the pvision money w:ch was allowed in Accompt:s by y:e which amounted to above one thousand pounds one third parte thereof as all other and ??rent//
//proffitts iustly accrueing in that imploym:t belongs unto yo:r Orato:r, And yo:r Orato:r further shewes that such like constract was alsoe made with the Com:rs for y:e yeare of o:r Lord one thousand six hundred sixtie and three or otherwise the sayd Cocke as to that pticuler yeare was left out but the certainty thereof yo:r Orato:r//
//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//
//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
//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//
//July one thousand six hundred sixtie & two saveing that by that contract in one thousand six hundred sixtie and two there was onely five hundred pounds of Hemp to be bought and by this contract in one thousand six hundred sixtie & four there was six hundred Tonnes to be bought and the advance ??more//FINGER
//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 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//
//??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]//
//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 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]//
//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]//
//aforesayd yo:r Orato:rs owne insurance money, in Accompts to the Com:rs of the says navy and hath had & ?recied full allowance of all & any pt thereof yett he thereto hath refused to pay or accompt w:th yo:r Orato:r for any XXX thereof And yo:r Orato:r further charges that such like contract as y:e [?one or two words are illegible]//
//XXXXXXXXXXXXXXXXXXXXXXXXX with safe arrivalls of shipps, to good appbaconn, ?w:ch likewise had and made & y:e pvision money under y:e contract did amount to at y.e least twelve hundred pounds besides yo:r Orato:rs pticuler insurances under y:e contract and p:remium money p:d to other insurers w:ch amounted to three hundred pounds and XXXXX y:e s:d [?S:r ??William]//
//Rider also placed to accompt and had alsoe allowances for, from the sayd Com:rs & never payd or accompted w:th yo:r Orato:r for any p:t or pcells thereof and it is ??expected y:e s:d S.r William Rider contrary to his agreem:t afores:d hath drawne by his owne pticuler order all the advance money p:d under the two last ptiucler contracts of y:e s:d ??Alderman//
//Backwells hands w:thout any direconns or ??appoyntu:r of yo:r Orator whereas if it be true, it is alsoe a breach of trust in th s:d Backwell & they together w:ch y:e says Cocke ought to be responsible to yo:r Orato:r herein And yo:r Orato:r further shewes y:t y:e s:d S:r William Rider & yo:r Orato:r haveing intimate acquaintance together as traders & Merchants were about XXX XXX//
//as yo:r Orato:r & the sayd S:r William Rider did first enter into the s:d contract & were imployed for his Mai:tie as afors:d y:t is to say about y:e yeare of o:r Lord one thousand six hundred sixtie & one the s:d S:r William Rider & yo:r Orato:r by & w:th y.e consent of ye s:d Cocke % Alderman Backwell, & for y:e better carrying on y:e imploym:t afores:d did enter into ptnershipp ?uppon//
//a ioynt trade as merchants & it was agreed bet yo:r Orato:r & y:e s:d S:r William Ryder w:th y:e consent afores:d y:t all pfitts & advantages that should accrue to them in such ioynt trade should be equally divided betweene them share & share alike And yo:r Orato:r & y:e s:d S:r Willia, Ryder were y:e more incurraged to enter into y:e s:d ptnershipp by y:e help XX y:e ?advance [?two words out of focus in digital image]//
//y:e aforemenconned contract then made & in future to be made w:th y:e King & y:e Com:rs of y:e Navy & did well hope & conceive that such stocke of money beforehand together w:th their owne creditts & pvisionmoney from his Mai:tie & y:e ??economie of out freight of shipps w:ch should goe to import his s:d Mai:ties goods could be very effectuall & sufficient to [?two words out of focus in digital image]//
//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]//
//of them to raise any p:rsent stocke of money to drive on the s:d trayde but y:t it would run on of itt selfe in y:e Channel as was designed, & in psuance thereof in & bet y:e yeares of o:r Lord one thousand six hundred sixtie & one (sixtie two) sixtie three) sixtie four) & sixtie five) y:e s:d S:r W:m Rider and yo:r Orato:r as ptners in Merchandize did freight on in sewall vessells//
//from y:e port of London to Stockholme in Sweden to Dansicke in Poland and to Riga in Sweden diverse merchandizes & comodityes in pticuler sugar Tobacco Pepper Tinne Lead Cardimmon Coales Indigoe ffrench & spanish wines & sevall other Comdityes & yo:r Orato:r cannot in pticuler menconn all w:ch had safe arrivalls & were from tyme to tyme sold to very great pfitts & great//
//returns were made from Stockholme & other pts beyond y:e seas as y.e proceed of these merchandizes w:ch had likewise safe arrivalls at y:e port of London w:ch retorns did consist in Irons Copper XXX Plates XXX Gunnes Copper Barrs Pitch & divers other Comodityes of w:ch great pfitts was made y:e pticuler Bills of Lading Envoyces & accompts of all w:ch together w:th all the//
//comodityes themselves did come to y.e hands of y:e s:d S:r William Rider Cocke or Alderman Backwell or some or one of them or for their uses or by their order who from tyme to tyme sold & disposed thereof at his or their wills & pleasure & great pfitts was made thereof yett yo:r Orato:r never had any accompt of the same nor devident or share of any the pfitts thereof//
//neither can duly charge y.e sayd S:r W:m Rider Cocke or Backwell w:th any pticular charge therof y:e s:d W:m Rider or y:e sayd Cocke or Backwell keeping all accompts thereof & haveing y:e originall accompts in his or theire custody w:ch were from tyme to tyme sent over by y:e Correspondents imployed by yo:r Orato:r & y:e s:d S:r W:m Rider in y.e s:d ioynt trade y:t is to say [Thomas]
//Cutler & Sammell Sowton both or y:e one of them as such goods & retorns as were made from Stockholme & from y:e s:d Ayloffe or Tho: Cutler both or one of them as such goods & retornes as came from Riga And yo:r Orato:r further shewes y:t in or about the yeares of o:r Lord one thousand six hundred sixtie & three (sixtie four or sixtie five) yo:r Orator ?&//
//sayd S:r William Rider w:th y:e approbatonn & consent of y.e s:d Alderman Backwell & M:r Cocke did agree w:th one Tho: Westerne & Partners to furnish y:e sayd Westerne & Partners w:th Iron from Stockholme at a certaine price pticulerlry agreed on in y:e sayd contract & y.e s:d Westerne either alone or XXX XXXX XXXX XXX or some or one of them//
//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//
//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//
//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//
//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//
//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//
//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]//
//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]//
//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]//
//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]//
//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 this Hon:oble Court be compelled to sett forth & ?discow playnly & distinctly upon Oath all y:e sewall matters & accompts & contracts made & pfitts accrued under these sewall contracts & may be compelled [?two 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 this Bill & may be compelled to sattisfye & pay yo:r Orato:r his iust due & share oy y:e same & may sett forth all other private agreem:ts y:t were made bet yo:r Orato:r y:e s:d S:r William Rider [?three words out of focus in digital image]//
//Backwell an ?ending to their sewall concernes 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 & transaconns as concerning y:t joynt trade & ptnershipp te y:e s:d S:r William Rider & yo:r Orato:r charged in y:e Bill & may pduce all the sd bookes of accompt & may be compelled to pay & ??settle ?w:th ?y:or ?Orato:r//
//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 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]//
//XXXXgularly y:e p:rmisses & yo:r orato:r shall dayly pray x:r//
Commentary
See C10/155/38 f. 2
See C10/155/38 f. 3
