MRP: C6/218/65 f. 3
C6/218/65 f. 3
Editorial history
04/11/11, CSG: Created page
Contents
Abstract & context
Thomas Cutler's answer in the Court of Chancery to the Bill of Complaint of fellow London merchant Samuell Sowton (C6/218/65 f. 1) is contained in C6/218/65 f. 3. His co-defendant, the London apothecary David Clarke made his answer, plea, and demurrer in C6/218/65 f. 5.
Annexed to Cutler's answer is a schedule of extracted accounts covering 1672 to 1676, to which he makes reference in his answer C6/218/65 f. 4.
Sowton similarly attached a schedule of accounts to his bill of complaint, which can be seen in C6/218/65 f. 2
Suggested links
See C6/218/65 f. 1
See C6/218/65 f. 2
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
THIS TRANSCRIPTION NEEDS TO BE COMPLETED
//The Answere of Thomas Cutler merchant one of the Def:ts to the Bill//
//of Complainte of Samuell Sowton Merchant Comp:lt//
//The saied Def:t saveing to himselfe now and att all times hereafter all and all manner of advantages of Excepcions to the incertainties insufficiencies and many other the defects and imperfecccons of the//
//said Comp:lts Bill of Complainte for Answere thereunto or unto soe much thereof as doth materially concerne him this Def:t to make answere unto he saith and confesseth that not onely from and since the//
//moneth of June which was in the yeare of our Lord one thousand six hundred and seaventy but for a good time before there were severall dealeings betweene the said Comp:lt and this Def:t in the way//
//and trade of merchants And an account was made up betweene them and upon some differences betweene them concerning the same was putt to ?refferrence and was thereupon ballanced Awarded//
//and agreed in full satisfaction of all accomptes betweene them to June one thousand six hundred and seaventy the said Comp:lt should enter into Bond for payment of five hundred forty and//
//five pounds sterling money and one thousand seaventy five Sweedish Copper Dollars and in pursuance of the accompt soe stated Ballanced awarded and agreed the said Comp:lt for better//
//secureing the money thereby due did become bound unto this Def:t in one bond beareing date aboute the three and twentyth day of June one thiusand six hundred and seaventy in the penalty of//
//one thousand pounds with condicon for the payment out of the summe of five hundred forty five pounds on or aboute the seaven and twentyth day of October then next and one other bond beareing//
//date on or about the third day of July one thousand six hundred and seaventy condiconed for the payment of one thousand seaventy five Sweedish Copper Dollars unto him this Def:t on//
//aboute the five and twentyth Day of March then next ensueing as by the said severall bondes ready to be produced to this hon:rable Court relacon being thereunto has and to which this Def:t//
//for more certainty therein doth referr himselfe doth and may more fully appeare And this Def:t further sayth that the said one thousand seaventy five Sweedish Copper Dollars were//
//afterwardes agreed betweene the said Comp:lt and this Def:t to be vallued and taken att forty eight poundes nineteene shillings starling (sic) money And this Def:t further sayth and confesseth there//
//hath since that time beene severall dealeings betweene the said Comp:lt and this Def:t but not as ioynt Partn:rs but this Def:t denyeth the accompt annexed to the Bill is true and the same is//
//Erroneous in severall pticulars and of some of them this Def:t knoweth nothing of as herein after or in the Scedule (sic) hereunto annexed is pticularly menconned And this Def:t hath to this his Answ:r//
//caused to be annexed a true accompt of all the dealeings betweene the said Comp:lt and this Def:t from the time of the Bill menconned vizt from June one thousand six hundred and seaventy and//
//the true ballance thereof to the best of his knowledge And this Def:t doth not knowe of any other dealeings betweene them in the way of merchandize Except such adventures as are now abroade and//
//noe Returne made thereof or whereof no Accompt is yett or can be given And this Def:t doth make the said accompt and scedule hereunto annexed as parte and prayes the same may be taken as parte//
//of this his answ:r And this Def:t hath in the Scedule annexed sett forth his particular Excepcons to the accompt annexed to the p:lts Bill which this Def:t ought to bee allowed for or discharged of And thereupon//
//by the ballance of the said Accompt hereunto annexed the said Comp:lt is indebted unto this Def:t in the summe of one thousand poundes and and upwardes over and besides the two bondes herein next after//
//menconned upon one of which bondes vizt that for payment of five hundred forty five poundes this Def:t doth confesse he hath rec:d one hundred twenty five pounds but noe more for w:ch this Def:t hath given//
//the Comp:lt credit and allowed the same in the said account And this Def:t further sayth that besides the money due upon the ballance of the accompt hereunto annexed the Comp:lt is still indebted unto him//
//this Def:t the summe of fower hundred twenty five pounds upon the bond first above menconned and alsoe the summe of forty eight pounds nineteene shillings upon the said bond for one thousand seaventy five sweedish copper//
//Dollars and the summe of one hundred and fifty pounds and upwards for interest upon both the said Bonds And the said Comp:lt is alsoe indebted unto him this Def:t in the severall Counter Bonds herein after menconned//
//for the proper debts of him the said Comp:lt for w:ch this Def:t was and is onely his surety and Bayle and not otherwise vizt in one Counter dated 30:th of June one thousand six hundred seaventy and fower//
//in the penalty of one thousand three hundred and forty poundes Condiconed for the saveing him this Def:t harmelesse against one Bond wherein this Def:t standes bound with and for the said Comp:lt for//
//the payment of the summe of fower hundred forty five pounds on the two and twentyth of September then next upon which this Def:t is already saved att Law in one other Counter Bond dated this//
//seaventh of March one thousand six hundred seaventy and five in the penalty of seaven hundred poundes Condiconed for the saveing him this Def:t harmelesse against one Bond wherein this Def:t stands//
//bound with and for the said Comp:lt for the payment of the summe of two hundred thirty three poundes three shillings and six pence to his Maiestys use for the p:lts Customes in one other Counterbond dated//
//the second of March
//this Def:t standes
//Customes
//other bond
//other Counter
//against
//the p:lts Customes. All which saied severall summes are already due and payable And likewise in one other
//penalty of three hundred poundes Condiconed for the saveing him this Def:t
//the summe of ninety two pounds nine shillings and two pence on the [blank in original document] day of December
//one thousand six hundred & seaventy and five in the penalty of three hundred pounds
//for the said Comp:lt for the payment of the summe of ninety-five pounds two shillings on the [blank in original document] day of December
//dated the seaventh of March one thousand six hundred seaventy and five in the penalty of sixty poundes Condicioned for the saveing hin this
//Def:t standes bound with and for the said Comp:lt of the payment of the summe of nineteene pounds eleaven shillings and tenn pence on the
//use for the Comp:lts customes In one other Counterbond dated the seaventh of March one thousand six hundred seaventy & five
//this Def:t harmelesse against one other bond wherein this Def:t stands bound with and for the said Comp:lt for the payment of the summe of
//day of December then next to the Kinges use for the Comp:lts Customes Income other Counterbonds dated the eighth of December
//one thousand two hundred poundes condicionned for saveing him this Def:t harmelesse against one other bond wherein this
//fower hundred & six poundes to S;r John Worden on the ninth of March then next In one other Counter bond Dated the first of
//three hundred poundes condicioned for saveing him this Def:t harmeless against one other bond
//three poundes to Thomas ??Gardner on the second of June then next
//hundred poundes
//hundred poundes to David
//five in the penalty of
//thirteene shillings & fower
//Def:t as his bayle upon the Ba
//penalty of two thousand poundes
//two hundred poundes wit
//this Def:t denieth y:t he or any other by his order have or hath received any money goodes or satisfaction whatsoever
//that although hee is not as yett sued upon all the said Bondes yet he is or may be much dampnified in his
//should against his will stand bound with the Comp:lt
//the recovery of the money rightly due unto him
//ins suite this Def:t referrs
//the said Comp:lt haveing appeare3d
//appeare for him in the said other Acconns for y:t purpose w:ch course of procceedings this Def:t hath taken to p:rventthe p:lts ruine & not to ruine him if he will pay thisDef:t his iust debts And this Def:t further sayth//
//and denieth that he hath refused to come to an accompt for such thinges as are proper for accompt but hath bin willing & the Comp:lt hath refused soe to doe And this Def:t further sayth & confesseth y:t the said other DEf:t David//
//Clarke hath affirmed such Bill ag:t this Def:t & made such Attachment as in the said Bill is sett forth Butt what this Def:t is indebted to the said David Clarke or whether he be indebted unto him or noe this Def:t is Advised the same is not//
//materiall to the p:lt for that the p:lt for that the p:lt can pay this debt but once And by the Custome of the City of London any man may attach his owne money if he please in the handes of his debtor in the name of another person And therein this//
//Def:t doth abide & humbly demand the Judgm:t of this hon:rable Co:rt therein whether hee shall be bound to make any other answ:r thereunto the same tendinge to destroy the said Custome & the speedy & more effectuall//
//recovery of iust debts & will in consequence be p:rediciall if not destructive to trade & comerce as he is advised And this Def:t further sayth he hath demanded the money due from the said Comp:lt upon the said Bondes//
//noates and account and desires the said Comp:lt to discharge this Def:t from his said engagement But the Comp:lt hath refused to doe the same which hath inforced this DEf:t to take his course And this Def:t denyeth all unlawfull//
//combinacon in the Bill charged ag:st him without that that any other matter or thing in the said Bill of Comp:lt conteyned materiall or effectuall in the Law for this Def:t to make answ:r unto and not herein before well//
//and sufficiently answered unto confessed & avoyded traversed or denyed is true to the knowledge of this Def:t All which matters and things this Def:t doth averr to be true & is & will be ready to iustify & prove y:e same//
//as this hon:rable Court shall award And humbly prayeth to bee hence discharged with his reasonable Costs and charges in this behalfe most wrongfully & without any iust cause herein had & susteyned And//
//yor Otato:r shall pray x:r//
//XXXX: Feltham [Signature, bottom RH corner]
