MRP: C6/218/65 f. 1
C6/218/65 f. 1
Editorial history
04/11/11, CSG: Created page
Contents
Abstract & context
In 1676 Samuell Sowton is in dispute again with Thomas Cutler, and with an alleged confederate of Cutler, the apothecary David Clarke of of S:t Botolph Aldgate, London. This follows Sowton's earlier disput in ?1669-1669 with Cutler. Again the broad issue is about true and fair accounting, or its absence, and the true indebtedness between the two men. Sowton by now has returned from Stockholm, and both Sowton and Cutler are described as merchants of London.
This time Sowton alleges in his bill of complaint in the court of Chancery (C6/218/65 f. 1) that Cutler owes him £3000 and that Cutler is refusing to pay him. Furthermore, Sowton claims that Cutler has reached an agreement with Clarke to pretend that Cutler is in debt to Clarke to the tune of £2000. Clarke has brought an action in the Lord Mayor's Court of London against Sowton, and has sucessfully been awarded an attachment for £2000 against Sowton himself. Sowton states in his bill of complaint in the court of Chancery that he is unable to prove his claim that that Cutler is actually indebted to him because the necessary witnesses reside overseas and are outside the jurisdiction of the Lord Mayor's Court. Cutler's aim, according to Sowton, is "forgudd and contrived and designed by the Confederates on purpose to vex yo:r said Orato:r & to draw him to some unreasonable XXXXX." Sowton goes on to claim that Cutler has abused a series of bonds and counter bonds which Sowton has signed with Cutler. However, the facts of this manouever with the bonds and counterbonds are not clear. Sowton desires that Cutler be compelled to respond to a schedule or account of their dealings, which Sowton attaches to his bill of complaint, and to come to a true and fair account with him (C6/218/65 f. 2). Sowton seeks two writs to be issued by the court of Chancery. The first writ is to have the proceedings transferred from the Lord Mayor's Court of London to the court of Chancery, and the second is a writ of subpoena, to compell Cutler and Clarke to appeare and to testify.
Cutler's answer to Sowton's bill of complaint is contained in C6/218/65 f. 3, to which is attached Cutler's own version of the accounts between him and Sowton C6/218/65 f. 4. David Clarke's answer, plea and XXX is contained in C6/218/65 f. 5. A short latin tag follows C6/218/65 f. 6 and then a much longer latin document, which appears to be from the Lord Mayor's Court, is contained in C6/218/65 f. 7.
Suggested links
See C6/218/65 f. 2
See C6/218/65 f. 3
See C6/218/65 f. 4
See C6/218/65 f. 5
See C6/218/65 f. 6
See C6/218/65 f. 7
To do
Transcription
//3:o July 1676//
//Abney//
//To the right hono:ble Heneage Lord ffinch Barron of Coventry//
//Lord High Chancellor of England//
//Humbly complaining sheweth unto your Lopp yo:r Orato:r Sam:ll Sowton of London Merchant That for severall yeares last past & pticulerly from abte the month of June which was in y:e yeare of our Lord 1670 to this tyme there have beene//
//severall dealings betweene yo:r said Orato:r & one Thomas Cutler of London Merchant in theway of trade and dealing together as ??Masters for severall XXXXX and comodities and severall summes of money have beene lent recvd & paid of//
//for and to each other and sometymes your said Orato:r hath taken in the said Thomas Cutler as his ptner in severall adventures sent by yo:r Orato:r to sea & into ptes beyond the seas by reeason of which dealings yo:r Orato:r & the said//
//Thomas Cutler have had and kept accounts upon each other of severall thousands of pounds and in pticuler hee the sayd Thomas Cutler or some other by his direccon appointmt or ord:r have or hath had ??provdd of and from yo:r Otao:r his//
//Ord:r or by his appointmt or direccon the severall Wares goods and comodityes and summes of money menconndd and conteyned in the Schedule or Account annexed to this his bill and which he maketh pte thereof and desireth the said Thomas//
//upon afair and iust accompt the summe of 3000:li and upwards and he the said Cutler hath beene often desired to come to a faire and iust account with your Orato:r for and concerning the matters aforesaid which hee the sayd Thomas Cutler//
//hath further to declined and redused to doe but instead thereof hee the said Thomas Cutler hath lately entred into a combinacon & confederacy with one David Clarke of the parish of S:t Botolph Aldgate Apothecary to give yo:r Orato:r//
//more ffasy trouble & vexacon and XXXXXX and gett some summe of money or other compXXXXX from him And in pursuance of such their Combinacon is is now p:rtended by the sayd Confederates that hee the said Thomas Cutler is indebted//
//To him the said David Clarke in the summe of 2000:li or some other great summe of money and it is alsoe p:rtended that yo:r said Orato:r is indebted to him the said Thomas Cutler upon Account in some great summe of money and to gett and//
//recover the same from yo:r said Orato:r hee the said David Clarke hath caused an Attachm:t to be made and entred in the Lord Mayors Court of London ag:t yo:r Orator whereby he supposeth that yo:r Orato:r hath the summe of 2000:li in his hands of the moneys of the//
//said Thomas Cutler which said summe of 2000:li they the said confederates have there according to the customs of that Court attached in yo:r Orato:rs hands and with all ??violence prosecuted the said XX that yo:r Orato:r was found for his releife//
//therein and to p:rvent a sudden surprise and ?wrestling the sayd money from him to ?exhite and ??English bill in the said Lord Mayo:rs Court ag:t the said David Clarke who hath put in Ànsw.r to the same and now the said David Clarke and Thomas Cutler//
//doe ?still by the Combinacon aforesaid proceed ag:t yo:r Orato:r in the said Lord Mayo.rs Court endeavouring to recover the said 2000:li or some other great summe of money from yo:r Orato:r which they are the rather encouraged to doe because they well know as the truth//
//truth (sic) is that yo:r Orato:rs witnesses which should prove and make out the pertiuculers of the Account betweene the said Thomas Cutler and yo:r Orato:r and by whose testimony it would appeare that the said Thomas Cutler is indebted to yo:r Orato:r as aforesaid//
//doe inhabite and reside out of the Jurisdicconns of the said Lord Mayo:rs Court and some of them being psons whose occasonns call them to sea are either gone to sea or to pts remote & unknowne to yo:r Orato:r soe that yo:r Orato:r cann neither make his defence//
//nor with safety present to his said bill in the said Lord Mayors Court And in truth the sayd Thomas Cutler is not att all indebted to him the sayd David Clarke but the said proceedings on the said Attachmt and the p:rtence of debt from the//
//said Thomas Cutler to the said David Clarke are meerly ??forgudd and contrived and designed by the Confederates on purpose to vex yo:r said Orato:r & to draw him to some unreasonable XXXXX of now And in further ?presencion thereof hee the said Thomas Cutler//
//haveing in his custody severall bonds entred into by yo:r Orato:r to him dureing their tradeing together as aforesaid and in pticuler one bond of 950:li os some such summe entred into by yo:r Orato.r to him the said Thomas Cutler in or about the month of June which
//was in the yeare of our Lord 1670 and severall other bonds and severall ??Counter bonds entred into by yo:r Orato:r to him to secure him from any damage that might happen by reason of his being bound for yo:r Orato.r att the Cutsomehouse for paym:t of Customs due upon//
//severall goods and wares of yo:r Orato:r and other XXXX hee the said Thomas Cutler hath lately put the said bonds and Counter bonds or some of them in suite against yo:r Orato:r and XXXXXX to recover the whole penalty of the same allthough the whole//
//moneye due upon the same bonds and Counter bonds bee wholy satisfied and payed and hee the sayd Thomas Cutler was XXXX any thing dampnified by his being bound by yo:r Orato:r and for which the said Counter bonds were given and hee//
//the sayd Thomas Cutler never demanded any money from yo.r Orato:r or any of the sayd bonds or Counter bonds nor ever alleadged or p:rtenden to yo:r Orato:r that any money was due on any of the same bonds or that hee was any thing//
//dampnified on the said Counter bonds or any or either of them All which doeings and proceedings of them the said Thomas Cutler and David Clarke are to yo:r Orato:r apaprent wrong and XXXy and as touching to equity and good//
//conscience ?Intend:r confides a ????cow where of and for as much as your Orato:r for the reasons aforesaid is remidilesse at the Commom Law and is onely and properly releivable in this hono:ble Court To the end and therefore that they the said Thomas Cutler//
//and David Clarke may ?lend answ:r make to all and singular the p:rmisses and way in pticuler settforth whether hee the sayd Thomas Cutler be really and bona fide indebted to him the sayd David Clarke and in how much and how//
//or for what hee became soe indebted and that hee the sayd Thomas Cutler may sett forth whether the accompt annext to this bill be not a true accompt of what hee the sayd Thomas Cutler had and recvd of yo:r Orato:r or any other by his//
//discicon and whether hee the said Thomas Cutler had and recvd from yo:r Orato:r or his ord:r the severall wares goods comodityes and money menconned in the said schedule or Account or any and what pte and how much thereof and whether//
//hee bee not really indebted to yo:r s:d orato:r upon a faire and right account and how much And to the end that hee the sayd Thomas Cutler may come to a fair and right Accompt with yo.r orato:r in the hono:ble Court for and concerning all matters and//
//dealinge betweene them and that yo:r orato:r may be releived in the p:rmisses according to equity and that the proceedings of the said Lord Mayor's Court may be removed into this hono:ble Court for and concerning all matters and//
//upon the whole matters aforesaid to which and May it please your Lopp to grant unto yo:r Orato:r his Matyes Writt of ??Corniesci to be directed to the Lord Mayor and Ald:rmen of the Citty of London comanding them to testifye & returne the//
//XXXX of the said Attachm:t bill and answ:r and all proceedings thereon into this hono:ble Court and also his Matyes most gratious writt of spa (sic) to be directed to them the said Thomas Cutler and David Clarke comanding them and//
//either of them att a certane day and und:r a certaine paine therein to be limitted psonally to be and appeare before yo:r Lopp in this high and hono:ble Court of Chancery then and there to Answ.r all and singular the ?prmisses upon their//
//Corporall oathes and further XXXX and to and XXXX such further ord:r directed and XXXX therein as to yo:r Lopps ?wisdom shall seem most meete to agree with right equity and good conscience And yo:r Orato:r shall pray x:r//
//Hahn [?Signature, bottom LH corner]
//W:m ?Longueville [Signature, bootom RH corner]
Notes
