Difference between revisions of "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 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

//to this Def:t

//yo:r accompt

//very communicaton

//w:ch yo:r Comp:lt did desire to have

//by order of y.e Comp:lt

//comeing away

//p:rmise y:e Com:lt

SEE P1080187 FOR LEFT HAND PART OF DOCUMENT BELOW:

//annexed and to w:ch this Def:t referrs himselfe

//y:t XX as 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

//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 reason

//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//

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:

• Landing of tobacco in the sound of Denmark
• Adventure of parcel of iron to Portsmouth