Robert Lowndes v Henry Wyatt, 1664

National Archives, C7/215/77

This case from the Court of Chancery concerns an investment by Robert Lowndes (1619-1684) in an enterprise by Henry Wyatt, butcher (1616-1670), to buy sheep in Cheshire (where the Lowndes family originally came from) and sell them on at a profit. He doesn't say that the sheep were brought back to Winslow, but that might be the implication. However, Henry Wyatt's inventory from 1670 refers to 90 sheep and other livestock at Ashby St Leger, Northants, worth over half his total estate of £130. Despite the law suit, Henry's son John married Robert's daughter Rebecca. We don't know the outcome of this case, but Robert got into serious financial trouble.

To the R(igh)t Hono(ra)ble Edward the Earl of Clarendon Lord High Chancellour of England

Complaineing sheweth unto Yo(u)r Lordshipp Your daily Orator Robert Lowndes ye younger of Winslow in the countie of Bucks Yeoman That on or about the [ - - - ] of May last yo(u)r Orator and one Henry Wiatt of Winslow aforesaid Butcher agreed togeather to become partners in the buyeing and selling of sheepe at [ - - - & ] and Nesson in Cheshire and other places and that yo(u)r Orator should have a proporconable gaines according to ye Stocke of money that yo(u)r Orator should therein pay unto him The which he promised to account for and to pay upon account And upon that Agreement Yo(u)r Orator did then pay or deliver unto him the sum(m)e of fortie poundes for ye buyeing of sheepe accordingly and to be imployed in ye said ioint trade & Stocke And thereupon the said Henry Wiatt did at severall times buy severall p(ar)cells of sheepe at ye places aforesaid and at other places with the said ioint stocke of money amounting to the number of Three hundred or Foure hundred sheepe or more and the same he sold againe at verie greate gaines A p(ro)porconable part whereof he ought According to the said Agreem(en)t and in all equitie & iustice to pay unto ye said Orator But now soe it is may it please yo(u)r good Lordshipp That notwithstanding that yo(u)r Orator hath paid him as aforesaid the said sum(m)e of Fourtie poundes and he the said Henrie Wiatt hath improved the same verie much by the said buyeing and selling of the said sheepe and hath made verie good gaines thereby for which he ought to account to yo(u)r Orator and to make payment of what upon such accompt shall be found due to yo(u)r Orator Yet by noe wayes or meanes will he be thereto drawne or p(er)suaded although yo(u)r Orator hath often in kind & friendly manner requested the same of him but he utterly refused soe to doe And[?] while he denied that he ever made any such Agree(me)nt or ever received any sum(m)e of money of yo(u)r Orator And at other times he denied that he hath made any gaines or profit by the buyeing or selling of the said sheepe but contrarily saith that the said sheepe came to a verie bad markett and that he was a greate looser thereby although the contrarie be most apparently true and that they  came to a verie good market and he was a greate gainer by the sale of them and soe upon thes and such like vaine and untrue pre(ten)nces he utterly refused to come to any Account with yo(u)r Orator for ye same or to pay unto yo(u)r Orator any of the said Fortie poundes delivered unto him in a Joint Stocke or p(ar)tnershipp or to allow yo(u)r Orator any part of the said gaines The which said dealings of him the said Henry Wyatt are to yo(u)r Orators greate wrong and p(re)iudice and are contrarie to all right equitie & good conscience In tender considerac(i)on whereof and for as much as ye Orator is remedielesse in ye p(re)misses for at and by the com(m)on lawes of the land and for that ye Orator hath not any Witnesses which can p(ro)ve the p(re)misses or any part thereof at any triall at law to be had and for that yo(u)r Orator hopeth that the said Henry Wiatt will upon his oath sett forth and discover the truth of ye p(re)misses Wherefore to the intent & purpose that the said Henry Wyatt may sett forth and discover whether or noe there was not such \an/ Agreement made by and betweene yo(u)r Orator & him And whether the Orator did not accordingly deliver or pay unto him the said sum(m)e of fourtie poundes or some other sum(m)e of money and what and when it was soe paid or delivered unto him and that the said Henry Wiatt may upon his oath sett forth & discover in particular what money & what gaines or p(ro)ffitt he rec(ieve)d and made by and upon the sale of the said sheepe and may account with yo(u)r Orator for ye same and may pay unto yo(u)r Orator what upon such Account shall be found due to yo(u)r Orator And to the intent and purpose that the said Henry Wiatt may true and p(er)fect answer & discoverie make to and of all and singuler ye p(re)misses and yo(u)r Orator be relieved therein according to right equitie & good conscience May it therefore please ye good Lordshipp to grant unto ye said Orator the Kings Ma(jest)ies most gracious Writt of Subpena to be directed unto the said Henry Wiatt hereby comanding him at a certaine day under & under a certaine paine therein to be limited p(er)sonally to be & appeare before ye Lor(dshi)pp in his said Ma(jest)ies High Court of Chancerie then and there to answer unto all and everie ye p(re)mises and further to stand to & abide such order & direc(i)on for ye Orators relief therein as shall seeme to stand with right equitie & good conscience And ye said Orator shall daily pray &c                                                                                                             

[signed]   Geo Daye


Copyright 14 January, 2018