MRP: C5/53/78 f. 2

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C5/53/78 f. 2



Abstract




Transcription


//The Answer of Thomas Cutler Merchant def:t to y:e Bill of Comp:lt of Samuell Sowton//
//Merchant Comp:lt//

//XXXX Def:t now and at all times thereafter all Advantages of excepcons to y;e incertaintyes insufficiencies & manifest imperfecons of y:e Comp:lts Bill of comp:lt for Answer thereunto this def:t answereth & sayth y:t true itt is anout y:e time menconyed in XXX Bill this Def:t was XXXX//

//XXXXXXXXXX in y:e Kingdome of Sweden doth beleive that y:e Comp:lt was sent over out of England to Stockholme by y:e s:d S:r William Rider kn:t & William Cutler in y:e Bill named as an assistant to this Def:t in such negotiions as y.e sayd S:r William Rider and y.e sayd William//

//Cutler should from time to time advise, in w:ch imploym:t in y:e sayd Compl:t was to have one third parte in three to be devyded of allsuch Commission money as this def:t was to receive in y:e sayd ?concernm:t under y.e sayd S:r William Ryder and William Cutler But XXXXXXXXXXXXXXXXX//

//XXXX this Def:ts knowledge or beleife ever payd any summe of money for this def:t to any pson whatsoever (dureing this def:ts abode att stockholme) otherwise XXXXX y:e Comp:lt had y:e keeping of this Def:ts bookes of Accompts and cash and under y.e XXXX payd moneys out of the XXXX//

//?hath in psuance of this def:ts order and for w:ch extraordinary paynes to be taken & had therein this def:t in lieu of one third part in three to be devyded of such commission money under y:e imploym:t of y.e sayd S:r William Ryder & William Cutler as this Def:t was to allow y:e XXXXX//

//this def:t did agree to allow y:e Comp:lt one halfe of such commission money And this def:t further sayth that true itt is about y:e time in y:e Bill for y:e purpose sett forth this Def:t haveing an intent to come (for some short spaces of times) into England and soe retourne againe to Stockholme//

//and haveing sewall Accompts with sewall psons under diverse contracts, in y.e way of merchandize for sewall goods & merchandizes bought att future dayes of paym:t this def:t conceiving himselfe bound in conscience to make a pvision for y:e secure paym:t of his creditors if in case he should [??happen]//

//to die in his sayd voyage to England or in his said intended retourne did take this def:ts sayd bookes of Accompt & therein was punctuall sett downe to this Def:ts best remembrance & knowledge all such debts as by this def:ts bookes of Accounts he did then find he stood in debt to XXXX//

//any pson within y:e sayd Kingdome of Sweden and in and by y:e sayd Accompt soe made up did compute himselfe to be debtor to sewall creditors to y:e summe of seventeene thousand seven hundred twenty six dollars or near thereabouts but not any thing considdXXXX XXXX//

//w:ch sayd summe ?that this Def:t (to y:e and y:e Comp:lt intendeing there?unto ??reside for some time) might carefully discharge & make ?sume paym:t att such dayes & times as y:e same should become due & payable this Def:t did make himselfe in and by y.e sayd bookes of Accompt to stand//

//to y:e Comp:lt in y:e sayd summe of seventeene thousand seaven hundred twenty six Dollars or thereabouts w:ch will y.e better appeare by y.e sayd bookes of Accompts left by this Def:t in y:e Comp:lts hand att att his comeing from Stockholme and w:ch as this Def:t verily beleives are XXX//

//y:e Comp:lts custody if y:e same may be produced and to w:ch this def:t for more certainty thereof referreth himselfe w:ch summe as this Def:t verily beleiveth is y.e same indebtm:t intended by y.e sayd summe of seaventeene thousand nine hundred seaventy five dollars XXXX XXXXX//

// in y:e Comp:lts Bill of Complaynt and most part where of this Def:t as yett doth not exactly know whether y:e same be payd by y.e Comp:lt or not being debts then payable att time as aforesaid but if y.e Comp:lt shall make itt appeare y:e he hath payd & discharged XXXXXXXX//

//for and on this Def:ts behalfe this def:t hath sattisfyed & payd y.e same to y:e Comp:lt in & by such pticuler

// y:e said summe this Def:t doth not know to his best remembrance y:t att his departure out of y.e Kingdome of Sweden

//before this def:t comeing away from Stockholme there was a  ?communicacon (but not att y:e desire of this

//way of mechandize and y:t such comodityes as y:e sayd Comp:lt should send for y:e port of London should be






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