MRP: C6/597/21 f. 1
C6/597/21 f. 1
Editorial history
06/11/11, CSG: Created page
Abstract & context
William Cutler Esq. brought a suit in 1667 against the London Goldsmiths John Colvill (alias Colvile) and John Portman for breach of the terms of a lease which they had negotiated with him as representatives of a larger group of London Goldsmiths. The plaintiff William Cutler appears to be a different person to the London merchant William Cutler, who, as a partner in the mid-1660s with Sir Richard Ford, John Buckworth, and Sir William Ryder, had a commercial relationship with John Colvile (See C5/53/26 f. 1, C5/53/26 f. 2, and C5/53/26 f. 3.
The property in question was leased by Cutler and was part of the dissolved monastery of Augustin Friars. It was located on Broad Street in the City of London. The London fire of 1666 had destroyed the previous habitation and shops of the London goldsmiths and they needed a new building or buildings for their businesses.
No matching answer or answers have been discovered in TNA Chancery records
Suggested links
See possibly related suit C 10/470/94 Maynard v Colvile, Portman, Cutler, Royle and Bradford: Middlesex 1670
To do
Transcription
//18 May 1667//
//?Pindars//
//To the right hon:ble Edward Earle of Clarendon Lord High Chancellor//
//of England//
//Humbly complyning sheweth unto yo:r good Lordshpp yo:r Orato:r William Cutler of London Esq That whereas yo:r Orato:r for the space of ?Seven yeares last past was possessed for tearme of diverse yeares yett to come of and in all that great Capitall//
//Messuage or mansion house being here to fore pcell of the late dissolved monastery of the Augustine ffryers and afterwards called by the name of the glassehouse scituate lying & being in the pish of S:t Peters the Poore London and yo:r Orato:r being thereof soe//
//possessed and the sd Capitall messuage being XXXX to ?lesse and uninhabited att the time of the late fyre w:ch happened in the Citty of London & being a house of a very large extent and standing in Broad Street neere the ??new Exchange a place fitt for//
//trade and the sd Capitall messuage alsoe being very convenient for erecting and building of XXX all shopps and for laying severall Roomes to the sd Shopps fitt for habitations, diverse & sevrall persons useinge//
//and exercisinge the trad of gold smithe and liveinge in Lombard Street of London whose habitaton were burned in the sd Great and Calamitous fyre did by joynt Agreem:t to and among themselves agree to seate themeselves in ?some//
//convenient place for trade altogether, and takeing into theire consideraconn the sd manconn house and well weighing and consideringe the Great conveniences of the sd house & place suteable to theire desires in every ptiucler did sewall//
//times come and ??vewue the same & did agree to and among themselves there to ?fix theire sayd trades & habitacons and thereupon had sewall genall discourses w:th yo:r Orato:r about the sd p:rmisses to take some Lease or Leases thereof for some//
//certaine number of yeares but for that there was soe many persons of the sd Goldsmiths to be concerned therein some whereof in respect of theire sewall occasions alwayes absent att such times & places where the severall meetings were//
//appointed to treate conclude & agree w:th yo:r orato:r as for and concerning such tearmes of yeares as should be demised and such yearly rent as should be paid for the p:rmisses by reason whereof sewall meetings pved fruitlesse & ineffectuall//
//for avoidance whereof & in respect of theire sewall urgent necessityes for a ?speedy place of abode & managem:t of theire s:d trade it was agreed by and betweene them the sayd Goldsmiths by and w:th all theire joynte consents that the whole//
//businesse in XXXXX of contract w:th yo:r Orato:r for the said p:rmisses should be committed to the care and managem:t of two of them onely (to witt) Hohn Colvell of London Goldsmith & John Portman of London Goldsmith to treat for and agree w:th//
//yo:r Orato:r as for and concerning the takeing of the s:d p.rmisses both as to the tearme of yeares to be demised & rent so ?served w:th s.d Agreem:t soe had and made to and amongst themselves was soone after by them or some or one of them XXXXXXXated//
//to yo:r Orato:r from and after w:ch time the s:d Colvell and Portman did undertake to and with yo:r Orato:r to treaat as well for and on theire owne behalfe as on the behalfe of y:e other Goldsmiths who had soe impressed them And yo:r Orato:r further/7
//shewes that after these transacconns as aforesaid there were severall meetings and treatyes had & made by & betweene yo:r Orato:r the s:d Colvell and Portman at which s:d meetings yo:r Orato:r did truely declare and discover to them y:e s:d Colvell//
//& Portman how & in what nature his interrest stood in the p:rmisses that yo:r Orato:r had some part thereof in Lease onely for a tearme of a great number of yeares and had contracted for the inheritance in fee of some other parte thereof & had entred//
//into sewall Articles declaring his s:d intended purchase & the consideracon w:ch yo:r Orato:r was to paye for the same and that in pursuance of yo:r Orators s:d Articles for the s:d purchase he had then payd sewall thousand pounds and did alsoe//
//further declare to the s:d Colvell and Portman or the one of them that yo:r Orato:r stood in need of y:e summe of three thousand pound to cleere his s:d purchase w:ch he would galdly have that soe hee might have his conveyances executed before such time as yo:r Orato:r did make and possitive//
//contract for the demiseing of the p:rmisses whereupon the s:d Colvell or Portman or the one of them demanded of yo:r Orato:r for ?w:t time he would have occasion to use the s:d summe of three thousand pounds to w:ch yo:r Orato:r replyed he must have it for the space of two yeares//
//to w:ch time they the s:d Colvell or Portman or the one of them did not at first assent but pposed yo:r Orato:r should have it for the space of one yeare to w:ch yo:r Orato:r further alleadging he could not repay it soe soone they the s:d Colvell or Portman or the one of//
//them did afterwards consent that yo:r Orator should have the same for the s:d space of two yeares at interest or by way of rebate either out of the fynes or yearely rent to be reserved upon such demise of the p:rmisses as should be made XXXXX Colvell//
//withall to ?les yo:r Orator that would imediately in parte the pposiconn to the rest of the s:d Goldsmiths for theire assent w:ch the s:d Colvell shortly after did accordingly and came forthwith againe to yo;r Orator & told yo:r Orato:r that he had XXXXXXted yo:r//
//Orato:rs s:d pposiconn as concerning the s:d three thousand pound to be advanced as aforesaid to the rest of the s:d Goldsmiths who well approved thereof and at the s:d meeting the s:d Colvell did pmisse and agree to and with yo:r Orato:r that yo:r Orato:r should be furnished//
//therewith accordingly & thereupon it was then or within some short time after mutually agreed betweene yo:r Orato:r and the s:d Colvell that the security w:ch yo:r Orato:r should give for the loane of the s:d three thousand pound (if the same should should not be agreed by way of//
//rebate in ffynes or yearely income of the p:rmisses to be sXXXX) should be referred to John Morris and Robert Clayton of the Citty of London Gent to settle And yo:r Orato:r haveing soe concluded the first point in order to the settlement of yo:r Orato:rs estate fully in the p:rmisses yo:r//
//Orato:r the s:d Colvell and Portman or the one of them did enter into debate both as to the tearme of yeares that the p:rmisses were to be demised for and as to the rent to be reserved upon such demise whereupon after many and sundry discourses it was concluded//
//and agreed by and betweene yo:r Orato:r and the s:d Colvell and Portman or the one or both of them that yo:r Orato:r should demise the s:d p:rmisses for the tearme of seaven yeares att & under the rent of five hundred & sixty pounds p Ann & that yo:r Orato:r should//
//alwayes have a yeares rent before hand in respect that yo:r Orato:r had agreed to take noe fynes for the p:rmisses and soe yor Orato:r for the lasty yeares rent was onely to have a pepper corne And y:or Orato:r further shewes that this agreem:t being in every pticuler//
//soe had and made was possitively XXXX and agreed upon by and betweene yo:r Orato:r and them the s:d Colvell and Portman or the one of them for and on the behalfe of themselves the residue of the same Goldsmiths and yo:r Orato:r expected the XXXXX XXXX thereof//
//accordingly and yo:r Orato:r further shewes unto yo:r good Lordspp that yo:r Orato:r heretofore had lett some part of y.e Capitall messuage consistinge of diverse rooms and sellers unto one William ??Gumbleton to take of and from him the s:d ?Gambleton//
//yett to come and they the said Colvell and Portman or the one of them or some others of them the s:d Goldsmiths the better to fitt theire sayd habitaconns and make them convenient did treate w:th the said ??Gumbleton to take or and from him the s:d ?Gumbleton//
//A Lease of the s:d roomes XXXXXXXXXXX soe demised to him by yo:r Orato:r being parecll of the s:d Capitall messuage and upon the said treaty they the s:d Colvell Portman of the one of them or some other of the s:d Goldsmiths did agree w:th the s:d ?Gambleton//
//and did take a Lease from him for the tearme of Eleaven yeares of w:ch when they the s:d Clovell Portman or the rest of these Goldsmiths XX or some of them came truely to consider and that the s:d agreem:t for the s:d Lease soe to be taken of yo:r Orato:r was but for the tearme of Seaven yeares & that the//
//s:d lease soe taken of the s:d Gumbleton without such other parte of the s:d Capitall Messuage as was taken from yo:r Orato:r would be altogether uselesse and unprofitable to them for the space of the said last yeares after the determinaconn of theire//
//demise from yo:r Orato:r for the s:d seaven yeares the s:d Colvell thereupon came againe to yo:r Orato.r and treats with yo:r Orato:r for to have such Lease as by the former agreem:t was agreed & concluded to be made onely for seaven yeares to be then had//
//and made for the tearme of eleaven yeares that soe the same might end dermined in point of time w:th the s.d Lease soe made to them from the s:d Gumbleton whereupon yo:r Orato:r in true respect for them the s:d Colvell Portman and the most of the Goldsmiths and//
//in tender consideraconn of theire late sufferings by the s:d ffyre did not att all seeke to worke advantage & upon this ??evident that they had soe taken the s:d lease from the s:d Gumbleton for four yeares more in point of time than was yo:r Orato:rs & there by//
//to make them pay for the s:d four yeares soe to bee added and unconscionable and oppressive rate yo:r Orato:r did therefore ppose to the s:d Colvell that if the s:d Colvell and the s:d Portman trustees for the s:d Goldsmiths would pay unto yo:r Orator the summe//
//of four hundred pounds by way of a ffyne to add the s:d four yeares to the s:d tearme of of Seavem yeares That yo:r Orato:r would then make them the s:d Colvell and the rest of the Goldsmiths a Lease of the p:rmisses for the s:d Eleaven yeares whereupon//
//the s:d Colvell replyed to yo:r Orato:r that four hundred pound was to ??many for the addiconn of the s:d four yeares but that he and the rest of the s:d Goldsmiths would be well content to give unto yo:r Orato:r the summe of two hundred pounds for the addicon of the s:d//
STITCHING ACROSS THE ENTIRE PAGE IN ORIGINAL
//four yeares unto theire s:d Lease to be made & pursuant still to theire former agreement both as to the loane of the s:d three thousand pound and as to the constant payment of a yeares rent before hand and onely a pepper corne for the last yeare and further offered//
//that the s:d two hundred pound should be depossited into the hands of one M:r Browne one other of yo:r Orato:rs tennts and should be att the free dispose of yo:r Orato.r whether or noe yo:r Orato:r thinke fitt to take the whole two hundred pounds or to turne backe any parte thereof to//
//the s:d Colvell and the s:d rest of the Goldsmiths But now soe itt is may itt please yo:r Loordspp that the s:d Colvell Portman and the rest of the Goldsmiths haveing by ?p:tente of their Agreement soe had and made in every particuler as is here in before sett//
//forth & being acquainted w:th the p:rmisses & thereto agreeing & thereon in pursuance of the s:d agreem:t saveing gotten sewally into possen of the s:d p:rmisses soe in tender to be demised have pulled downe yo:r Orato:rs buildings and turned the same into shopps and sewall//
//tenements fitt for theire owne occasions and modelled the same according to theire owne pleasures and now doe not onely refuse to lend yo:r Orato:r the s:d three thousand pound to enable yo:r Orato:r to take his conveyance of the p:rmisses according to his Articles//
//of Agreement and not onely doe denie the whole agreement & to pay yo:r Orato:r the s: yeares rent constantly before hand but alsoe hither to have denied to pay yo:r Orato:r any rent at all or to accompt and take such Lease of the p:rmisses from yo:r Orato:r as was soe agreed, upon takeing advantage//
//that such witnesses that were present and privy to theire Agreement are now absent and gone into parts beyond the seas unknowne to yo:r Orato:r and for want of whose testimony yo:r Orato:r is altogether void of remedy by the Strict Rules of Law and cannot compell//
//them the s:d Colvell Portman and the rest of the confederates any way to extrXXXX the s:d Agreement but there in is onely pperly releivable before yo.r good Lordshpp in this hon:ble Court In tender consideracon of all w:ch p:rmisses and to the end that//
//the s:d Colvell Portman and the rest of the sayd Goldsmiths
sayd Goldsmiths (who haveing now gott possen of y:e p:rmisses as a fors:d and confederated themselves together uniustly to oppresse yo:r Orato:r and keepe from him the possen of the p:rmisses) may upon theire//
//corporall oathes answeare all and singular the charges and matters in this bill conteyned and truely plainly and distinctly sett forth the whole agreem:t made by and betweene the s:d Colvell & Portman or the one of them for and on the behalf of//
//themselves and the rest of the sayd Goldsmiths to and w:th yo:r Orato:r And that the s:d Colvell and Portman may sett forth whether they or the one of them were not impoured (sic) by the rest of the Goldsmiths to treate with yo:r Orato:r as for and//
//concerning a demise of the p:rmisses and whether they or the one of them did not agree to take such Lease from yo:r Orato:r of the s:d p:rmisses at and under such yearly rent as is herein before sett forth and for such tearme of yeares and//
//under such condiconns as to the constant paym:t of a yeares rent before hand and onely a peper corne for the last yeare of the s:d tearme and at and under such condicon of advancing the s:d summe of three thousand pound to lend yo:r//
//Orato:r for the s:d tyme of two yeares the better to enable yo:r Orato:r to pfect his estate in the p:rmisses And may sett forth to w:t other purport or effort these contracts and agreem:ts were that were had and made by and betweene yo:r Orato:r and these//
//the said Colvell and Portman or the one of them and w:ch of them and may alsoe sett forth whether they or the one of them did not agree to pay yo:r Orato:r the summe of two hundred pounds soe to be ?depossited into the hands of the s:d M:r Browne//
//as a XXXXX for to add the s:d four yeares to the s:d tearme of seaven yeares as afore said and to the end that they the s:d Colvell Portman and other the def:ts may upon their oathes sett forth and dis?con the trueth of all and singular y:e//
//p:rmisses and by the aid of this hon:ble Court may be compelled to performe in all things the s:d Agreem:t & contracts and may moreover answere all and singular the particuler charges in this Bill that XXX yo:r Orator may be XXX and XXXX pX//
//according to equity and good conscience May it please yo:r good Lordspp to grant to yo:r Orato:r his Ma:ties writt or writts of subpena to be yssuieing out of this hon:ble Court to be directed to them the s:d Colvell & XXXX Portman comanding them & either of them//
//at a certaine day and under a certaine paine therein to be limitted to be and appeare before yo:r good Lordshpp in this hon:ble Court to answere all and singular the p:rmisses and further to stand & abide such order and direction therein as to//
//y:or Lord:spp shall seeme meete and agreeable to equity and good conscience And yo:r Orato:r shall ?dayly pray x:r//
//XXXX// //XXXX// //XXXX//[?three signatures, bottom LH corner, bottom centre, and bottom RH corner]
