MRP: C5/53/26 f. 1

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C5/53/26 f. 1

Editorial history

28/10/11, CSG: Created page






Suggested links


See C5/53/26 f. 2
See C5/53/26 f. 3



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Abstract & context


Four London merchants, Sir Richard Ford(e), John Buckworth, William Cuttler, and Sir William Ryder, agreed in May 1664 to pursue a Joint Trade in iron and copper purchased in Stockholm, Sweden and transported to London for sale. The Joint Trade was to be funded from a Joint Stock, which was to be held by the London goldsmith, John Colvile.

The amount of capital to be subscribed to the Joint Stock was unspecified in the treaty by which the Joint Trade and Joint Stock was created, but was to be on an equal basis.

The managing partner was named as Sir William Ryder, though the trade was to be managed by John Buckworth and William Cutler.

Two factors, XXXXX Sowton and Thomas Cuttler (son of one of the four partners, William Cuttler) were based in Stockholm and were to purchase the metals.

Payment was to be via bills of exchange which Sowton and Thomas Cuttler were to draw on named merchants in Hamburg and Amsterdam. These named merchants were to draw bills themselves on the account of the joint stock held with John Colvile in London.

The trade started with the purchase of £800 of iron and copper, which were shipped to London, but incorrectly consigned only to William Cuttler, rather than to the joint names of John Buckworth and William Cuttler as required by the founding treaty. This first trade was funded as agreed via bills of exchange. However, the partners had not yet raised money for the joint stock account, when the bills from Hamburg and Amsterdam arrived, and instead the partners arranged a loan of £800 from John Colvile.

Further purchases of iron and copper were made by the factors at the request of the partners, and Sir William Ryder suggested borrowing £2000 from another London merchant, Richard Bayly (his former servant and son-in-law).

The Chancery suit arose due to a dispute regarding this loan of £2000 from Bayly to the joint stock. A bond had been signed and sealed and held at the scrivener who prepared it, to be released to Bayly on receipt of the funds by Colville. However, the funds, if they were transferred at all, are alleged in the Bill of Complaint to have been paid from Bayly directly to Sir William Ryder, rather than to Colville. Nevertheless, Bayly came into possession of the bond.

In circumstances which are unclear from reading this Bill of Complaint, Bayly, at some time between 1664 and 1668, the date of this Bill of Complaint, attempted to get repayment of the £2000, from John Buckworth (and possibly also from Sir Richard Ford). Buckworth resisted, and a suit was launched by Bayly against Buckworth in the Court of King's Bench.

Subsequently, in Chancery, as seen in this Bill of Complaint, Sir Richard Ford and John Buckworth complained against Ryder, William Cuttler, and Richard Bayly, seeking clarity as to whether any loan was ever made and moneys transferred, and if so, to whom, and claiming that Sir William Ryder used Bayly's name without any intention to borrow funds from Bayly. Reference is made in the Bill to John Colvile himself having brought suit for the repayment of his loan of £800 to the partners of the Joint Stock.

NOTE: Sir William Ryder states in his answer (C5/53/26 f. 2) to the Bill of Complaint that the purpose was "a trade of Iron & Copp barrs & other Merchandize fitt for the Guinney trade whereof all the ptners were & are free but not all free to import goods from Sweedland to be imported from Stockholme in Swedland."


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 tooke 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//

//Orators doe charge that in trueth the said Bayly hath not actually really lent & paid any monye upon the said bond And your Orators are the rather induced to beleeve the same to be true because the said Bayly never yett demanded any interest from your Orators or either of them ofe them for the said two thousand//

//pounds nor did the said Bayly untill some few months since take notice of the said bond unto your Orators although it is above fower yeares since the bond was sealed soe that your Orators doe beleeve there was never any discourse between the said S:r William Ryder and Bayley touching the Lending the said two thousand pounds//

//upon the security aforesaid nor that the said Bayly did knowe of the said bond: your Orators being strangers to him and never discourseing with him touching the same neither hath the said Bayly really & actually paid any money upon the said bond to any person for the Joint account ofe all the said partners since the//

//sealeing thereofe but that the name ofe the said Richard Bayly was made use off in the said bond by the said Sir William Ryder but without the said Baylyes knowledge purposely & with intent either to lend the money himselfe or else in respect of some other dealeings recconnings & accounts which were then between the said S:r William//

//Ryder & the said William Cuttler & to which your Orators are strangers & noe waies concerned that soe he the said Sir William Ryder might have an opportunity out of the said two Thousand pounds to secure himselfe his pretences & demands from the said Cuttler And therefore it is against right & equity your Orators should be//

//?sued upon the said bond soe by them & the rest of the partners entred into upon the condiconns & agreements aforesaid which to this day were never performed But now soe it is my it please your Lordshipp that the said S:r William Ryder Richard Bayly & William Cuttler have all of them ofe late entred into a confederation & combinaconn amongst//

//themselves how to charge and make your Orators pay the penalty of the said bond or att least soemuch as is menconed to be secured by the condiconn thereof with interest & charged And in order thereunto it is pretended by the said Richard Bayly and Sir William Ryder or one of them that he the Richard Bayly did soone ?thereafter the entry into the//

//said bond by way ofe account ?transferr from the account ofe the said Richard Bayly to the account of the said S:r William Ryder the said Two Thousand pounds or otherwise that he did pay the same unto the said S:r William Ryder or to one ??Heron) his servant or person unknowne to your said Orators the some of Two Thousand pounds in ?leiu of the//

//Two Thousand pounds intended to have been borrowed on the security of the said bond Whereas if any such somme were soe paid it was upon other accounts & dealeings between the said Sir William Ryder & the said Richard Bayly who had when the said bond was entred into great sommes of money of the said S:r William Ryders in his//

//hands But however the said Richard Bayly being privy to & acquainted with the ??trust and agreement made as aforesaid between your Orators & the partners aforesaid & with the trust aforesaid ought not to have paid (in case he did pay the same) unto the said Sir William Ryder but ought to have paid the some by the orders &//

//direconns ofe all the partners ?or to the said John Collville (sic) as he knew they had agreed the same should be And yett sometimes the said Sir William Ryder pretends he did receive the said Two Thousand pounds from the said Bayly & that he paid the same unto the said William Cuttler which if the same were ?true it was against the//

//direconns and agreement ofe the partners and alsoe contrary to the trust and confidence reposed in him by the partners and not att all paid upon the account or in relation to the said Joint Trade and the said William Cuttler ??absolutely denyes he received the said Two Thousand pounds or any part thereof which the said Sir William//

//Ryder upon the account ofe the said Joint Trade but insists & saith that whatever moneyes he did receive from the said S:r William Ryder was upon some other ??proceedings & accounts between them & for monies oweing unto him by the said S:r William Ryder and as it seemeth there had before that time been XXXXXXXX betweene the//

//said S:r William Ryder and William Cuttler & great accounts were depending between them & upon some differences between them thereabout Att ??might be that this difference & ??contracte ?so hath arisen also concerning the said Two Thousand pounds And the said William Cuttler although he alone did ?receive of the Iron & copper//

//sent as aforesaid from Stockholme for the Joint account & bennifitt of the partners & hath sold & disposed thereofe to very great proffitt & gayne yett hath he refused ?eithyer to satisfy & pay unto the said Colville the Eight Hundred pounds borrowed of him upon the Joint account of the partners ??as aforesaid & which was//

//borrowed to discharge & pay the bills which were drawne for the cost & charge ofe the said Iron & copper soe bought & sent as aforesaid & received by the said William Cuttler or to give any account thereof to them or to discharge & pay the said Two Thousand pounds as the said S:r William Ryder sometymes alleadgeth//

//he ought to doe Insoe much as that your Orators are likely to pay both the said Two Thousand pounds unto the said Bayly and the said Eight hundred pounds unto the said Colvile although they were never possessed ofe the said Two Thousand pounds or any part thereof nor ofe the Iron & copper aforesaid nor ever//

//had any bennefitt or profitt thereby The cheife designe & intent ofe the said partners in borroweing ofe the said Two Thousand pounds in case the same were XXXXXlent was to pay out thereofe the said Eight Hundred pounds unto the said Colvile & the remainder to lye in banck with the said Collville (sic) & to be//

//paid out according to the orders ofe the said partners in the said Joint Trade All which matters are well knowne to the said confederates And your Orators furthyer ?shew that whilst the said confederates seeme to disagree amongst themselves concerneing the receipt & payment of the said Two Thousand pounds which the said//

//Bayly hath in speeches declared the said William Cuttler had & that your Orators or either of them had noe part thereofe & therefore the said William Cuttler & not your Orators ought in good conscience & equity to pay the same & soe the said Richard Bayly hath declared alsoe However the said confederates the better to conXX the//

//practizes & designes ofe the said Richard Bayly haveing ?gotten the said bond into his hands he did bring an accon againts the said William Cuttler In the Court of Kings Bench upon the same but quickly s?ucceased his proceedings against him whereas if the debt pretended to be due upon the said bond had been XXX due he might have long//

//before this time recovered the same from him or else from the said S:r William Ryder who in conscience & Equity & not your Orators ought to pay the same they or one of them haveing received itt (if it were lent) & disposed thereof to their own private use & bennefitt contrary to the agreement & trust aforesaid in them or one//

//of them as aforesaid reposed & by Like confederacy he the said Richard Bayly hath now brought his accon against your Orator John Buckworth in the Court of Kings Bench upon the said Bond of fower Thousand pounds to recover the pennalty thereofe or att least soe much therofe which he pretended ?he lent & paid upon the//

//said bond unto the said S:r William Ryder with damages and the said John Colvile ?hath Likewise brought his accon in the Court abovesaid against your Orator for the said Eight Hundred pounds which was Borrowed of him by the said partners partnes Jointly upon the said Joint trade & account both which XXXX ofe the said Bayly and Colvile//

//XXX by noe way or meanes by the strictest rules of the common be avoyded by your Orators but your Orator John Buckworth willbe enforced to satisfy the said bond unto the said Bayly & the said Eight Hundred pounds unto the said Colvile though it is against equity he should be constrayned ?thereunto for in case the said//

//Two Thousand pounds were really lent & paid upon the said bond unto the said Sir William Ryder as is pretended & that he did pay the same unto the said William Cuttler which is by him denyed they the said Sir William Ryder & William Cuttler were as Liable to pay the same as your said Orators XXXXX this case is the said//

//Sir William Ryder and William Cuttler or one of them and not your Orators receiveing the said Two Thousand pounds from the said Bayly in case he did really pay the same and the said S:r Willian Ryder & William Cuttler imployeing & disposeing thereof to their particular use and bennefitt & not ?paying the same into the said John//

//Colville according to the agreement of the said partners and trust and understanding of the said Sir William Ryder that the said Two Thousand pounds should be paid into the said Colville and imployed according to the orders and direcconns of the said partners & their common use & bennifitt in the said Joint Trade to the to Stockholme aforesaid and//

//not upon any other account whatsoever and the said Sir William Ryder haveing broken his promise & understanding aforesaid and the said Two Thousand pounds being never paid for your Orators & the partners account nor is there more than Three Hundred pounds if anything att all of the said Eight Hundred pounds//

//paid unto the said Colville whereas it was the agreement & intenconn of all the partners that the whole Eight hundred pounds should be paid out of the said Two Thousand pounds ??which it XXXXX be lent and your Orators ought in Equity for the reasons aforesaid to be indemnified & discharged as well from the payment of the said Two Thousand//

//pounds unto the said Bayly as from the Eight hundred pounds unto the said Colville and the said S:r William Ryder & William Cuttler or one of them ought to pay the same or soe much thereof as is Justly due unto the said Bayly & Colville and the said William Cuttler if he did receive the said Two Thousand pounds as the//

//said Sir William Ryder adn Richard Bayly affirme and the rather for that he hath not onely made an advantageous trade by such his dealings by such his dealeings in Iron and copper the profitt whereof as he confessed amounted to three hundred pounds but alsoe being questioned thereabout by your Orators did undertake & agree//

//that he would take the whole trade upon himselfe & pay and defray all the debt & charge thereofe which he might alsoe the rather doe because because he as he alleadgely haveing bennefitt a parcell of ?shares of the Royall Company and brought the same into the said ??ptnbls account made alsoe great profitt thereby yett//

//neverthelesse he doth now refuse to performe any his said undertakeings And therefore all the doeings of the said confederate are against Equity In Tender consideracconn of all which premisses and and in asmuchas yo Orators are noe waies ??receevable in the premisses the XXXX but in this Honoble Court against the//

//iniust dealeings & practizes ofe the said confederates and the rather because ???thryee witnesses who should prove the same are some of them dead & others of them beyond the seas neverthelesse they hope that the said confederates who know the same to be true will make discovery thereof upon their oathes And to the end//

//they may soe doe & most especially that the said Richard Bayly may upon his oath sett forth wheither he really and acctually paid the said Two Thousand pounds or any other some and if soe how much and when and to whom and by whose order and upon what security or wheither the same was not onely transferred from his//

//account to the said Sir William Ryders account & wheither he was not acquainted or had notice of the agreement and trust aforesaid between the said partners touching the ?grannt & payment ofe the said Two Thousand pounds And that the said Sir William Ryder my sett forth upon his oath wheither he did not//

//undertake the borrowing ofe the said Two Thousand pounds and that the same should be paid unto the ?said John Colvile for the Joint account and bennefitt of the partners as what summe of money ife any were paid he did receive from the said Bayly and how he hath disposed thereof and whose order And whether//

//he did not agree that the bond should remayne in the scriveners hands untill the money were really paid according to the agreement of the partthere aforesaid and how he is become possessed of the said bond and wheither the same was not entired into upon the trusts and condiconns aforesaid And that the//

//said William Cuttler may declare what money he received of the said S:r William Ryder and upon what account And what Iron and Copper he Received from Stockholme upon the account of the said partners and from whom and may give an account how he hath disposed thereof and by what order he received the //

//said [blank left in the original]: the said Iron and copper and wheither (sic) it as not agreed by all the partners that the said trade To Stockholme should be carried on and mannaged by your Orator John Buckworth and the said William Cuttler ioyntly or by him the said William Cuttler in particular And that the said//

//William Cuttler may sett forth why hee carried on the said trade without your Orator John Buckworth And that the said confederates may true and perfect answear make to all and singular the premisses upon their respective oathes And your Orators may be therein respectively ??reserved as to Justice and//

//Equity upon the discovery the defend:ts shall make upon their oathes and the prooffes - your Orators shall produce May it please your good Lordshipp to grant unto your Orators his Maiejsties most gratious writt of subpena Issueing out ofe this honnoble Court to be directed unto the said William Ryder Richard//

//Bayly and William Cuttler thereby comanding them and every of them at a certaine day and under a certaine paine therein to be limitted to be and psonally to appeare before your honour in ths hono:ble court to answear all and singular the premisses As alsoe his Ma:ties writt of InXXXXnon to be directed to the said//

//Richard Bayly his Councellors Attornies and Sollicitors thereby comanding them to stay all further proceedings upon the said bond untill this cause shall receive a hearing and determinaconn in this honourable Court And your Orator shall dayly pray xr.

//Edw: ?Peck [Signature, bootom RH side]//
//Anth: ?Keck [Signature, bootom RH side]//

//



Notes


Pepys mentions walking with John Colvile, goldsmith , to his former building in Lumbard Street (March 11, 1668) LOOK AT FULL DIARY ENTRY

Roseveare (XXXX) identifies Samuel Sowton and Sir William Ryder as two London merchants active in the Baltic trade with Swedish interests.[2]

See C5/53/26 f. 2



Potential primary sources

John Colvile

John Colvile

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



Richard Bayly


PROB 11/350 Bence 1-54 Will of Richard Bayly or Baylie, Merchant of Stepney, Middlesex 30 March 1676



Sir John Buckworth


AO 1/1631/248 Roll 248 Sir J. Buckworth and others. 22 July 1680-22 Nov. 1682

C 6/587/32 Short title: Buckworth v Goodyer. First plaintiff: Buckworth. Defendants: Goodyer. Document type: bill only. [1649 - 1714]
C 10/96/51 Dennis, Buckworth v. Gunn, Bludworth, Jolliffe, Barnardiston 1662
C 10/58/43 Michell v Cockayne, Spurslow and Buckworth: Middlsex 1660
C 10/75/3 Daniel Andrewes v John Buckworth and Hester his wife, Samuel Mico, Moses Goodyeare, Aaron Goodyeare and Hester Goodyeare: personal estate of Moses Goodyeare, deceased, of London, Middx 1664
C 22/26/17 Buckworth v. Gurneys Between 1558 and 1714



Sir Richard Ford(e)


C 5/53/26 Ford v. Ryder: Middlesex. 1668
C 5/54/40 Ford v. Cutler 1668
- Most probably linked to C 5/53/26, in which William Cuttler was a co-defendant of Sir William Ryder

C 5/422/30 Ford v. Ingram: Middlesex. 1667
C 5/482/82 Ford v. Prynn: Devon. 1675
C 5/482/87 Ford v. Hollis: Middlesex. 1675
C 5/558/68 Sowton v. Ford: Middlesex. 1678
- XXXX Sowton was one of the two factors, based in Stockholm, used by Ford, Buckworth, Ryder and Cuttler in their Joint Trade of iron & copper from Stockholm to London, started in 1664, and litigated in C 5/53/26
C 5/558/69 Sowton v. Ford: Middlesex. 1678
- XXXX Sowton was one of the two factors, based in Stockholm, used by Ford, Buckworth, Ryder and Cuttler in their Joint Trade of iron & copper from Stockholm to London, started in 1664, and litigated in C 5/53/26

C 6/6/41 Short title: Ford v Higgons. Plaintiffs: Dame Grace Ford widow. Defendants: Baldwin Higgons. Subject: personal estate of the deceased sir Richard Ford kt, of Middlesex. Document type: bill, answer, schedule. SFP 1680
C 6/32/27 Short title: Higgens v Ford. Plaintiffs: Baldwin Higgens. Defendants: Dame Grace Ford widow and others. Subject: real and personal estate Sir Richard Ford kt, of Bexley, Kent. Document type: bill, answer, schedule. 1679
C 6/47/41 Short title: Clare v Ford. Plaintiffs: George Clare. Defendants: Sir Richard Ford kt and others. Subject: quay at Exeter, Devon. Document type: bill, answer. 1668
C 6/145/75 Short title: Ford v Pitt. Plaintiffs: Richard Ford. Defendants: Thomas Pitt, George Potter, James Marshall, James Rodd and Christopher Maynard. Subject: money matters, Middlesex. Document type: bill, answer. 1656
C 6/188/106 Short title: Radcliffe v Ford. Plaintiffs: Jasper Radcliffe. Defendants: Sir Richard Ford kt. Subject: property in Langton (unid), Devon. Document type: bill, answer. 1667
C 6/225/10 Short title: Curzon v Royal African Company of England. Plaintiffs: Nathaniel Curzon. Defendants: Royal African Company, Company of Royal Adventurers of England and Sir Richard Ford. Subject: money matters, Derbyshire. Document type: bill, answer. 1677
C 10/20/7 Paul Bale v Richard Ford and Nathaniel Barnard: money matters, Devon 1653
C 10/157/2 John Avent v Nicholas Luscombe, James Cowne and Richard Ford: Charlton, Devon 1669

C 10/155/54 Cony, knight & Fisher v. Ford, knight: Middx. 1669
C 10/178/28 Collins v. Ford: Middx. 1675
C 10/179/26 Cony v. Grey & Ford: Middx. 1675
C 10/109/49 Ford, knight and others v. Penrice 1661
C 22/492/8 Ford v. Cockaine. Between 1558 and 1714
C 22/975/28 Ford v. Cockaine Between 1558 and 1714

SP 84/166 Claim by Sir Richard Ford and Thomas Lucas for £8,585 from the Dutch in compensation for loss of the East Indiaman Dragon and cargo. 1662
SP 84/167 [?] to Sir Richard Ford. Concerning trade. 1663 Aug. 14 [Dortrecht]
SP 89/4 Richard Ford to Sir Edward Nicholas. Urging that the English negotiations of the Anglo-Portuguese treaty should take advantage of Portugal's weakness to demand an English monopoly for the export of Setúbal salt, freedom for the EIC to import Asian products into Portugal, and even the cession of Goa "and some other parts of India, which they cannot long maintain against the Hollanders. 1660 Sept. 14 London

ADM 106/299 Folio 23. Sir Richard Forde. Complaint that he has not any consideration for his loss by Fire when the Navy Office was burnt down. 1674 Oct. 13
ADM 106/311 Folio 18. Sir Richard Ford. Requests information whether the Navy is to take the lease of some land. 1675 Jan. 15

ADM 106/311 Folio 20 Imperfect. Sir Richard Ford. Query concerning the account of Sir William Warren. 1675 Jan. 27
ADM 106/311 Folio 22 Imperfect. Sir Richard Ford. Report on Sir William Warren's account and requests a fuller answer to his questions. 1675 Feb. 10 London
ADM 106/311 Folio 24 Imperfect. Sir Richard Ford. Requests a copy of a contract made by Sir William Warren with the Board on Oct. 15, 1673. 1675 Feb. 27 London
ADM 106/314 Folio 222. Sir William Warren. Report on the trouble he has been given by Sir Richard Ford and Mr John Banks. 1675 July 12
ADM 106/323/554 Sir Richard Ford and Nicholas Salter. Heads of their request to finish the lease of the Navy office ground in Seething Lane 1677 Feb 12


Potential secondary sources


Horesefield, J. Keith, 'The stop of the Exchequer revisited', in The Economic History Review, vol. 35, Issue 4, pp. 511–528, November 1982
Müller, Leos, The merchant houses of Stockholm, c. 1640-1800: a comparative study of early-modern entrepreneurial behaviour (Uppsala, 1998)
Richards, R.D., The early history of banking in England (XXXX, 1929), ch. III
Richards, R.D., 'The Stop of the Exchequer' in Economic History: Supplement to the Economic Journal, II (1930), pp. 45-62



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.
m) 5 July -- Petition of Paul Allestree, Jo. Johnson, James Church, Wm Sherlock, Edw. Pigott, Hester Wastfeild, Edw. Bilton, Ri. Hutchinson and Ja. Kynom, creditors of Lindsay.

"[Appendix III: Book of Petitions. [As presented to Treasurer Danby : with Danby's orders or resolutions made thereon.], Book of Petitions, p. 2.] Same [Petition] from John Lindsey, goldsmith : shewing that his wife, as administratrix of John Colvile, assigned several orders to some widows, children and other necessitous creditors, in satisfaction of their debts ; which [orders] not being paid [by reason of the stop of the Exchequer the said necessitous creditors] are still very clamorous upon him to his great damage : and therefore prays that several orders to the value of 10,000l. or thereabouts, part of the estimate or amount [of his stated principal debt] settled for him [for his annuity] to be passed under the great seal upon his own account [as distinct from his wife's and John Colvile's account] may be taken out [or deducted from such stated account of his principal debt] and that so much belonging to the said necessitous persons may be inserted [in place thereof].
Resolution hereon : no exchange of orders to be allowed."[3]

"Same [Petition] to Treasurer Danby from Edward Westfield : shewing that Mr. Covill [Colvile], deceased, did owe petitioner 500l. payable with interest on 30 days sight ; by note 300l. [thereof] is paid, but Mr. Lindsey refuses payment of the rest. He prays to be in the [like] condition with the rest of Covill's creditors. (Struck through.)
In the margin : done. (Book of Petitions, p. 38."[4]

"[March 22. 1676, 21-25] Warrant from Treasurer Danby to the Receipt to pay (by tallies on the Excise the one moiety payable 1676, June 24, the other 1677, June 24) 170l. to Sir John Lethulier, representing 6 per cent. interest from 1672-3, Jan. 1, to 1675-6, Jan 1, on 1,500l. assigned by the late John Colvile, banker, 1671, Dec. 1, to said John (now Sir John) Lethulier as in part of an order, No. 41, registered on the fee farms for 5,000l. to John Ashburnham, Cofferer of the Household : which said order for 5,000l. said Ashburnham assigned to said Colvile : Dorothea Colvile, the relict of said John Colvile having paid the interest on said assignment to Lethulier up to the date 1672-3, Jan. 1 : to which time the Cofferer of the Household has likewise certified that he has paid interest to said Mris. Colvile for same. (Money Book (General) p. 318.)"[5]
  1. John Colville, goldsmith of London was XXXXX
  2. Henry Roseveare. Markets and Merchants of the Late Seventeenth Century: The Marescoe-David Letters, 1668-1680 (London, 1991),p. 122
  3. William A. Shaw (ed.), 'Appendix III', Calendar of Treasury Books, vol. 5: 1676-1679 (1911), pp. 1336-1398. URL: http://www.british-history.ac.uk/report.aspx?compid=80699 Date accessed: 28 October 2011
  4. William A. Shaw (ed.), 'Appendix III', Calendar of Treasury Books, vol. 5: 1676-1679 (1911), pp. 1336-1398. URL: http://www.british-history.ac.uk/report.aspx?compid=80699 Date accessed: 28 October 2011
  5. William A. Shaw (ed.), 'Entry Book: March 1676, 21-25', Calendar of Treasury Books, Volume 5: 1676-1679 (1911), pp. 163-176. URL: http://www.british-history.ac.uk/report.aspx?compid=80591 Date accessed: 28 October 2011