MRP: C5/53/78 f. 2

C5/53/78 f. 2

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Abstract

C5/53/78 f. 2 is the answer of Thomas Cutler to a bill of complaint (C5/53/78 f. 1) brought Samuell Sowton, his fellow, though junior, correspondent in Stockholm. Thomas Cutler had been with Sowton in Stockholm in the early 1660s, but had returned to London in 1665. The suit concerns a dispute between Cutler and Sowton regarding disputed accounts and debts allegedly oweing between the two of them. Thomas Cutler and Samuell Sowton had both been sent out to act as correspondents for Sir William Ryder and William Cutler. Thomas Cutler was the son of William Cutler, and it is possible that Sowton was a former apprentice or servant of Ryder. Though this has not been confirmed and Sowton is not mentioned in Ryder's will, written in June 1668, Sowton went on to marry Ryder's fourth daughter, Anna Ryder, and appears by both the bill of complaint and answer to have been well known to Samuel Heron, Ryder's servant.

Annexed to the answer are a set of accounts (C5/53/78 f. 3, C5/53/78 f. 4)drawn up by Thomas Cutler, to which he makes reference in C5/53/78 f. 2

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Transcription

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

//[Saveing] to this 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//

//Stockeholme 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//

//to 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 manner & paym:t as in & by a pticuler Accompt thereof made & affixed to this Def:ts Answer pticulerly sett forth and this Def:t further sayth that ?ever XXXXXXXXX//

// 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 he stood any ways indebted in any summe of money whatsoever to y:e Comp:lt but this Def:t further sayth that although itt may be true some short time//

//before this def:t comeing away from Stockholme there was a  ?communicacon (but not att y:e desire of this Def:t to this Def:ts knowledge) had & moved by & betweene y:e Comp:lt and this Def:t as for & concerneingy:e holding of correspondents each with y:e other in the//

//way of mechandize and y:t such comodityes as y:e sayd Comp:lt should send for y:e port of London should be consigned to this Def:t under an equall concernm:t and y:t in like manner this Def:t should consigne to y:e Comp:lt such goods & merchandize as this Def:t XXX//

//transport from y:e port of London to Stockholme yett newthelesse in respect of this Def:t then intended a short abode in England there was neither att y:e time nor att any time sitXXXXX any proffitt XX agreement Xlade as to y:e same and such communicacons as was, was onely//

//such comodityes & merchandizes as should be soe consigned by each to y:e other was alwayes to be by way of retourne out of such efforts as each pty had of y:e others in their hands or otherwise that from time to time after such retornes made each to y:e other there should be Bills of//

//exchange drawne to make speedy paym:t but this Def:t sayth that although this Def:t in psuance of y:e XXXX communicacons onely did consigne sewall goods to y:e Comp:lt in Stockholme as well for y:e discharge of his aforesayd Accompt of seaventeene thousand seaven hundred//

//twenty six Dollars payable & to be payd att future times as aforesaid as alsoe in further ?runing Accompt betweene y:e Comp:lt this Def:t in such manner as is herein after in this Def:ts Answer sett forth yett y:e Comp:lt was soe farr from consigneing any goods//

//to this Def:t herein in y.e port of London y:e such goods & merchandizes as y.e Comp:lt did send over he did consigne to other psons and in pticuler to one Samuell Heron merchant as is hereinafter sett forth And yett y:e sayd Heron did refuse to pay this Def:t upon//

//y:e accompt of y:e Comp:lt any moneys whatsoever as y.e Comp:lt anytime stood indebted to this Def:t for goods sent by this Def:t & consigned to y.e Comp:lt in Stockeholme although often requested and therefore y:e Comp:lt by such his dealings made y.e first ?breach of y:e//

//very communicaton and hath noe iust cause to complayne ag:t this Def:t the Comp:lt being much indebted to this Def:t as is herein after sett forth yett y.e Comp:lt by sewall Letters sent to this Def:t in England incouraged this Def:t to send goods from hence to Stockeholme//

//w:ch yo:r Comp:lt did desire to have some pt & share and prmisses he would order y.e sayd M:r Heron to make payment for y.e same w:ch y:e sayd M:r Heron refused alwayes p:rtending he either wanted order or effects for y:e doeing thereof and this Def:t never reced any further or other summe of y:e sayd M:r Heron//

//by order of y.e Comp:lt than the summe of seaventy five pounds w:ch is pticularly menconned in the Accompt hereunto this Def:ts Answer annexed And this Def:t further saith that he knowes not he was indebted to any psonall Stockeholme or in the Kingdom of Sweden att y:e time of the//

//comeing away in any other manner or for any other matter or thing thansuch as are menconned and expressed in y:e sayd Accompt hereunto annexed and y:t forsuch debts as did then appeare to this Def:t to be oweing by this Def:t this Def:t sayth itt might be true this Def:t might//

//p:rmise y:e Com:lt to remitt y:e Comp:lt money or that this def:t would pay his bills of exchange, amounting to such like value of seaventeene thousand seaven hundred twenty six dollars w:ch this Def:t accordingly did doe as may appeare by y.e sayd Accompt thereof to this Def:ts answere//

SEE P1080187 FOR LEFT HAND PART OF DOCUMENT BELOW:

//annexed and to w:ch this Def:t referrs himselfe And this Def:t alsoe denieth y:t this defend:t ever ordered y.e Comp:lt to manage & defend any suits in Lawe for this def:t excepting onely one suite betweene him & one ??durant and expecting any generall XXXX by letter w:ch this def:t mXXX send to the Comp:lt after this def:ts comeing away to w:ch letters if anysuch this def:t referreth and this def:t denieth y:t he knowes of any goods//

//y:t was stoppd or seized for any Just debt oweing by this Def:t upon his this Def:ts py Accompt nor of any moneyes as y.e Comp:lt did deposite any Accompt of this Def:t into y.e hands of any pson for their indempnity (sic) as bayle for this Def:t or y:t this Def:t ?ew promissed to satisfy//

//y:e Comp:lt for his trouble & paynes therein (w:ch now the ?lesse if any such were he shall allwaies be ready to doe him in a reasonable manner And this Def:t confesseth itt to be true y:t about y.e time in y:e Bill for y:e purpose sett forth there was a pcell of Tobacco sent by y.e sayd S:r//

//William Rider & Partners & consigned to this Def:t and y.e Comp:lt both then residing att Stockholme to sell for y.e sayd S:r William Rider & Partners Accompt w:ch Tobacco was landed in y:e sound of Denmarke & upon receipt thereof as well y:e Comp:lt as this//

//Def:t did write to y.e sayd S:r William Rider & Partners y:t if they would except of one & twenty marks swedish money for four shillings six pence stirling according to y:e first cost of y.e sayd Tobacco herein London that then y.e Comp:lt and this Def:t would take XXX &//

//Tobacco upon this Def:ts & the Comp:lts owne accompt w:ch prcell of Tobacco conteyned fiftie hogsheads of leafe or thereabouts & amounted unto three hundred ninety nintye (sic) pounds tenn shillings or thereabouts stirling money & four hogsheads of role (sic) Tobacco ?w:ch//

//to y:e sayd S.r William Rider & Partners w:ch as yett this Def:t knoweth not y:e same was payd for long since this Def:ts comeing from Stockeholme and y.e Comp:lt had all y.e sayd Tobacco himselfe and disposed thereof to his owne use of w:ch this ?Def:t hath had//

//noe Accompt w:ch itt was sold for or any retorne in leiu of this Def:ts moyety and therefore itt is iust that y:e Comp:lt should pay y.e sayd S:r William Rider & Partners for y.e same and all charges incident thereunto out of y.e neet pceeds thereof And if y:e sayd Tobacco would//

//not Answer itt selfe & charges thereof this Def:t can be but lyable for his share of such losse as was susteyned by y:e bargaine And this Def:t further sayeth as to y.e pticuler pcell of Iron sent in y.e shipp called y.e halfe moone to Portsmouth in y.e Bill//

//menconed this Def:t bought y.e said Iron himselfe before he came from Stockholme to his best remembrance att four or six moneths day of paym:t in w:ch the Comp:lt was concerned a third share And this Def:t att his comeing into England haveing an intent to//

//?expose y.e same to sale and receive y:e moneyes for y:e same and with y:e moneyes thereupon raised to discharge y:e sewall creditors att y:e times of paym:t the Comp:lt in a very Clandestine manner in stead of consigning y:e sayd Iron to this Def:t did//

//consigne the said Iron to y:e sayd Samuell Heron w:ch said Heron did make sale thereof and make Accompt to y:e Comp:lt for y

//made by y:e said Iron w:ch the Comp:lt hitherto hath refused to allow this def:t And this Def:t denieth that he knowes of any moneyes whatsoever other than is herein before menconned and such as in y.e Accompt made up and thereunto affixed w:ch y:e Comp:lt did att any time//

//lay forth upon this Def:t Accompt of all w.ch with a great XX plus he hath long since had effects in his owne hands And therefore the Comp:lt had but little reason to expect that this Def:t should remitt him any moneyes upon the Accompt of his said Tobacco//

//or Iron he himselfe haveing had y:e solo pffitt & ?neet ?pceed of both to pay the sewall creditors for y:e same & defray y:e charges thereof And whereas the Comp:lt seems by his said Bill of Comp:lt to be aXpXXeeved for that he y:e Comp:lt ?XXXX bills of exchange upon M:r SXXXXXXXXXXXXX of//

//Amsterdam w:ch were ??ptners this Def:t sayth y:t the Comp:lt drew the said Bills altogether without this Def:ts order att y:e time when the same were soe drawne & therefore itt was the [?two or three words obscured by snake] one fault that y.e same were ptested for this Def:t positively sayth y:t never//

Considerably more text to come

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Commentary

C5/53/78 f. 2 is a useful source of information on trading practices and commercial terms between English merchants, and between English and overseas merchants in the 1660s. Thomas Cutler refers to a parcel of iron consigned as an adventure to Portsmouth, which he claims was two thirds his and one third Sowton's, which he believes he bought on four or six months payment terms.

The answer is also an interesting source of terminology. Several references are made by Thomas Cutler to "neet pffitts" and "neet pceeds."

Specific transactions are detailed. These include:

• Consignment of tobacco by Sir William Ryder & partners to Cutler & Sowton in the sound of Denmark
• Adventure of parcel of iron to Portsmouth

William Ryder

T.S. Willan (1976) identifies a William Ryder in his study of English inland trade. He suggests that this William Ryder is a Blackhall factor and does not make the connection to Captain or Sir William Ryder. However, it is plausible, but unproven, that they are indeed the same person.

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