MRP: C5/53/26 f. 1
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//
//
Commentary
Pepys mentions walking with John Colvile, goldsmith , to his former building in Lumbard Street (march 11, 1668) LOOK AT FULL DIARY ENTRY
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
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.
- ↑ John Colville, goldsmith of London was XXXXX
