1609. May 6. Bowdler, Turnor, Ihones, and Sir Iohn Bourcher, Farmed the Allum workes of his Maiestie, and Essington, and Barlow, were partners with them therein.

These men wanting monyes to supply the workes, agreed that Bowdler, (who had formerly lyued at Myddelborow,) and had seruants, and Factors resident there, should be the Agent, to procure monyes there at intrest, and by way of exchange.

Megges, being Father in law, and Brother in law, to Bowdler, to giue ayde therevnto, lent Bowdler his name, and credit, withou [...] lymitation, to take vp monyes, and subscribe his name to bills of Exchange, whereby Megges, and Bowdler, became as one, And by this meanes all the defendants, were all, as one ioynt body, and knowne both in England, and For­raigne parts, by the name of the Allum Company, or of Bowdler and Company.

1609. Octob. Bowdler and Company, made choyce of the plaintife Morgan to be their Factor at Myddelborow, in their imployment, and when euer Morgans credit would not serue, to procure monyes enough to pay their bills of Exchange, and supply their occasions, he wrote to them of it, by dyrecting his letters, to Richard Bowdler and Company, and what euer hee wrote of therein to bee performed by Megges, Turnor, or any other of them, the same was from time, to time, performed, by them, as if the letters, had beene written to each of them in particular, Bowdler being authorized to receiue, and write letters, and to receiue and take Morgans accompts.

To this end Megges, Turnor, Bowdler, and the rest, weekely charged Morgan with great summes of mony by exchange: and to inable Morgans credit, to take vp monyes to pay those bills, they sent him seuerall vnlimited letters of credit, and procuration, some in one kinde, some in another, dyuers of them being registred, both in England, and elsewhere, at Publike Notaryes vnder their hands, and seales, for any man to reade, and take coppies of that would (as very many did) thereby declaring to all men, that whosoeuer trusted their Factor Morgan resident in Myddelborow, they all thereby obliged themselues, as principall debters for repayment thereof.

This imployment of Morgans being onely to pay bils, and to take vp monyes by exchange wherewith to pay it, was such as must (of Necessity) haue, and accordingly had, Weekely, Interchangeable letters and accompts, and euery 4. 5. or 6. moneths (or oftner if the same were required) Morgan sent Bowdler and Company, a generall accompt, comprehen­ding all those former weekely accompts.

1611. Febr. 5. Morgan came into England, and accompted for all things (for which he had not formerly accompted) and then was made free of London by Bowdler, and receiued vp his In­denture of Apprentiship, and friends bonds; And Bowdler publikely acknowledged, Morgans faithfull seruice, which according to the custome of London, is as a release for all time past: And Morgan, by their perswasion, returned backe to Myddelborow, into his former imployment.

1612. May. 20. This contynued from October 1609. vntill the 20. of May 1612. that all the partners (but Megges) fayled and became, insoluent.

1612. May. 23. Morgan delyuered to Bowdler and Company his last generall accompt, intitled, Bowdler or Allum Accompt, according to his bookes of accompt, and therein set downe the particu­lars of 37794. pounds, 4. shillings, and 7. pence, Flemish money, which is, 22600. pounds starling, then owing by them by exchange, and intrest, for the said accompt, whereof 6251. pounds, 10. shillings, and 2. pence Flemish, which is, 3460. pounds starling, was due to Morgan. And for the residue Morgan was then ingaged for them as their Factor.

1612. May. 29. This accompt was axamined, and allowed of, and Bowdler sealed Morgan A generall release.

1612. May. 31. All the defendants, but Megges, procured a protection from his Maiesty as ioynt copartners in the Allum busines, and that being expired, after procured diuers others successiuely.

Morgan demanding payment of Megges, he denied and forswore his hand to all the bils of Exchange produced for aboue 40000. pound, alledging Bowdler had counterfetted the same, without his consent, or authority, although since, Morgan hauing payd dyuers of those bills, he hath confessed in his Answere to Morgans bill, that he gaue Bowdler leaue, and the rather then confessed (because the bills were paid,) but vntill he had assurance that Morgan had payd them, he forswore all.

1614. The defendants, exhibited an accompt to the King as partners in the Allum businesse, and thereby procured payment of 36100. pounds starling, besides 50000. pounds receiued for Al­lum sold by them, whereof, 15000. pound was for intrest, factoridge, and (losse by exchange) therein expressed.

1615. and 1616. The defendants, ended with their creditors, and all of them appeared to the world (saue onely Bowdler) who still absented himselfe.

1616. Noue. 21. Morgan vrging them to pay what was due vnto him, by his said last accompt of 23. of May 1612. and to free him of the said ingagements, Bowdler in stead of payment, ex­hibits his bill in Chancery to be relieued for 3000. pound, error in Morgans accompts, as he pretended in 1609. 1610. 1611. and 1612.

1617. Aprill. 7. Morgan exhibits his bill against them all, (as one ioynt body,) to be relieued of those debts, and ingagements, mentioned in the said accompt of 23. of May 1612.

The defendants, delay him by Trickes to Answere, some by demurrers, and some by imperfect Answeres, and about December 1617. Bowdler and the rest, petitioned to the Master of the Rolls, to haue the matter referred to fiue Merchants Aduenturers, to which Morgan consented.

1617. Decem. 20. An order and Commission was directed to Robert Palmer, and foure other Merchants Aduenturers.

First, to take the defendants, Megges and Bowdlers Answers, to Morgans bill to all things wherevnto they had demurred.

Secondly, to examine all parties and witnesses, vpon oath, and to heare and determine, or certifie.

Thirdly, that they should forbeare to meddle, concerning a bond of 900. which Morgan sealed to Megges (as surety for Bowdler,) and for which hee had Bowdlers bond of 1000. pound to saue him harmelesse.

1617. Decem. 30. Six of the defendants, entred bonds to performe such order of Court, as should be made vpon their certificate, by vertue of the said Commission. viz.

• Megges, in 4000. pounds.
• Turnor, in 4000. pounds.
• Bowdler, in 5000. pounds.
• Ihones, in 2000. pounds.
• Essing [...], in [...]000. pounds.
• Barlow, in 2000. pounds.
• Sir Iohn Bourcher promised to performe but refused to seal [...] a bond as the others did.

1618. Octo. 7. This Commission expired, and no end made, the Commissioners perswaded Morgan to enter bond to stand to their Award, which he consented to doe, Prouided, all the said parties, would doe the like: wherevpon onely Megges, Bowdler, and Turnor, sealed bonds to stand to their Award. But, Ihones, Essington, Barlow, and Sir Iohn Bourcher, refusing, (and Morgan disliking the carriage of the said Arbitrators.)

1618. Octob. 15. Morgan obtayned A new Commission, wherein sixe other graue Merchants were added to those fiue Arbitrators, with the like directions as the former Commission of the 20. of December. 1617.

But they refused to proseede as Commissioners, and Morgan being bound to performe their Award, and but onely three of the defendants.

1618. Ianua. 5. They made an Award, and ordered Morgan to pay Bowdler 579. pounds, and sixe shillings, Also Morgan to cease all suits against, Megges, Ihones, Essington, Barlow, and Sir Iohn Bour­cher, because (they say) they neither ought to pay, or performe, any thing to Morgan, yet neither Ihones, Essington, Barlow, or Sir Iohn [...]her, did euer submit themselues to stand to their Award: With diuers other things, not referred to them.

1618. Ianua. 21. Vpon motion in Court, his Lordship ordred that the p [...]formance of the said Award should be spared, and the cause to proceed to examination of witnesses, and so iudicially in ordinary course, and that for these 11. causes (amon [...]t diuers other reasons,) heereafter following. viz.

First, They neuer tooke the Answers of Megges, and Bowdler, vnto Morgans bill, wherevnto they had demurred, which was the first thing directed them in their Commission to be performed.

Secondly, They did neuer examine any parties or witnesses, during all their proceedings, but onely Iohn Grenowes, who is Cousin German to Bowdler, (a man deepely ingaged for Bowdler.) And being at the same time Bowdlers Factor in other imployment, and chargeable for those monyes himselfe, sweares to free himselfe by cha [...]ging Morgan therewith.

Thirdly, For that but three of the seuen defendants did, or would submit themselues, or seale bonds, to stand to their Award, yet they charged Morgan for all seuen of them, and Awarded Morgan to cease all suits against them.

Fourthly, For that they charged Morgan not onely for the 4. defendants, (who neuer entred bonds to performe their Award,) but also for 3. others, viz. Pasfield, Grenowes, and Aynscombe, Bowdlers Factors, who were all meere strangers, both to the sute, and also to their Award, or Arbiterment.

Fiftly, They allowed Bowdler diuers great summes which they pretended Morgan receiued for Bowdler in 1607. and 1608. which is before the time that Bowdler demands reliefe by his owne bill, for his bill is but for pretended errors in 1609. 1610. 1611. and 1612.

Sixtly, They Awarded Morgan to allow Bowdler great summes, which Bowdler neuer demanded of him, by his bill, or otherwayes, and for which Morgan neuer heard of vntill after their Award, whereby he could giue no Answere to them.

Seuenthly, They allow Bowdler aboue. 8000. pounds more then euer he demanded in his bill, for his bill is but for 3000. pounds, and they allow him aboue 11000. pounds starling.

Eightly, They awarded Bowdler, Turnor, and Company, to free Morgan from Master Peter Courten and aboue 40. other of their creditors in all, for aboue 18000. starling, yet they neuer mention who that company was: And for those that truely were that company, namely, Megges, Ihones, Essington, Barlow, and Sir Iohn Bourcher, although none of them but Megges euer entred bonds to Morgan to stand to their Award, (or Morgan to them) yet they Awarded Morgan to cease all suit against euery one of them by name, and ordred that none of them ought to pay or performe any thing to Morgan.) Yet they neuer ordred that all they, or any of them should cease all suits against Morgan, neither did they declare that Morgan neither ought to pay or performe any thing to them.

Ninthly, And for that bond of 900. pound, which Morgan sealed to Megges, for Bowdlers debt, which bond did arise, by reason Megges pretended his bills of exchange to be counter­fetted by Bowdler, (with which bond they were in their Commission expressely forbidden to meddle,) Neuerthelesse, they awarded Morgan to seale releases to Megges, and Bowdler, and thereby Morgan should discharge Bowdlers counterbond of 1000. pound, to saue him harmelesse from that bond of 900. pound, (without giuing Morgan any allowance for it.) Yet they neuer Awarded Megges either to seale Morgan a release, or to deliuer him vp the said bond of 900. pound. By which meanes Morgan should acquit his counterbond for nothing, and yet be left lyable to pay Megges the 900. pound for Bowdlers debt.

Tenthly, They Awarded Morgan to pay the 579. pounds, 6. shillings, within three monthes, yet they limit Bowdler, Turnor, and Company no time to free Morgan from Master Peter Courten, and the other Creditors, which is for aboue, 18000. pound starling ingagements, so as Morgan should first pay his ready money to Bowdler, and then hee should be the lesse able to prosecute lawe against them for his owne money, and to be freed of the sayd ingagements, a great part of which ingagements, Morgan hath since beene inforced to pay for them.

Lastly, They neuer pursued the directions of their Commission in any one particular, but proceeded most erroniously, in diuers other things as well as these, (but all they did, was still to Morgans preiudice.)

1618. Ianua. 28. Vpon hearing counsell at large on both sides the sayd order of 21. Ianuary was confirmed for the 11. causes aforesaid, and it was ordred that the said Arbitrators should rede­liuer Morgan all the bonds, bills of exchange, and letters, deliuerd into their hands by him, whereby to make his proofes in Court.

1618. Febr. 6. The fiue Arbitrators wrote to the Lord Chauncellor, and went in person to him. And petitioned to him, that they might not certifie the particulars of their Award, and vsed all meanes they could that their owne Award might stand in force.

1618. Febr. 19. and 22. It was againe orderd they should redeliuer backe all Morgans bonds, bills of exchange, letters, and other writings (which they receyued of him,) yet the Arbitrators would not obey any of these orders.

1618. Febr. 25. Bowdler informed by petition, that all those bonds and bils so demanded, were either counterfeted or satisfied, by making them payd in Accompt, And Bowdler procured it re­ferred to Sir Robert Rich Knight, one of the Masters of the Chauncery, whether the same ought to be redeliuered to Morgan or not.

1618. March. 16. All the Arbitrators came home to him, and after hearing of all parties, and their councell, on both sides, he certifieth, none were counterfeit, or satisfied, (as Bowdler alledged,) and therefore they ought to be redelyuerd backe to Morgan (according to diuers former orders) whereby to make his proofes in Court.

1619. Aprill. 15. and Iune. 16. It was againe ordered they should certifie the particulars of their Award, which they still refused vntill Morgan forced them by an attachment, the 20. Iuly. 1619.

1619. Aug. 5. They certified the particulars of their Award, which was in a certificate of 140. sheetes of paper, wherein they allow Bowdler aboue 8000. pounds more then euer he demanded in his owne bill, besides diuers other strange errors, according as are heerein formerly expressed: And the better to credit, and countenance the same, they certifie, Master William Towerson and Master Ralph Freeman, were priuy to all their said proceedings.

SInce which time, Megges, Bowdler, and Turnor, haue answered vnto what before they had demurred, aboue 60. witnesses haue beene examined in Court, after publication, and many hea­rings, and after certificates of Masters of the Court, that the defendants owed to Morgan, and others 37794. pounds, 4. shillings and 7. pence Flemish, which is, 22600. pounds starling according to Morgans sayd last accompt, ending the 23. of May 1612. for which he stood ingaged for the said Allum businesse.

1619. Decem. 18. His Lordship spent the whole day, both forenoone, and afternoone, in hearing the said Award and certificates, and of all proceedings in the cause, And after to satisfie him­selfe and the world, as his Lordship then declared, (although God knowes he little satisfied Morgan thereby.) In stead of pronouncing iudgement, and a finall decree, his Lord­ship nominated for new Commissioners, viz.

• Sir William Birde, Knight.
• Sir Robert Rich, Knight.

• Sir Thomas Middelton, Knight,
• Master Robert Iohnson,

• Master William Towerson,
• Master Ralph Freeman,

Which 2. Merchants the said Arbitrators had certified were priuy to all their proceedings in making their said Award.

These 6. Commissioners assisted with the Auditors of the Chancery, were to examine all the said Arbitrators Award, and the reasons thereof, as also all accompts, letters, and all procee­dings from the beginning.

1619. March. 13. After aboue 30. m [...]tings by them, and three monthes spent in presence of all [...] and their councell, And after their often conference with the said Arbitrators, They all 7. ioyntly certified, that the defendants did owe to their Factor Morgan, and others to whom he stood ingaged for them by his last accomp [...]nding the 23. of May 1612. the said 37794. pounds, 4. shillings, 7. pence Flemish, which is, 22600. starling, according as had beene formerly certified, whereof,

viz. 3100. pounds starling, was due to Morgan by foot of his said last account.

4386. pounds, 1. shilling, and 10. pence, starling more which Morgan had since beene inforced to pay of the said ingagements.

14900. pounds starling more, remaining yet vnsatisfied to Master Peter Courten and others all, which makes the said 37794. pounds, 4. shillings, and 7. pence Flemish, or 22600. starling, aforesaid.

1620. May. 6. This being heard againe all the forenoone, in open Court, in presence of all parties, and their Councell, as also at other times, neither Party, nor Councell, denied the truth of the said certificate, (as by the order appeares) but because they indeuored to shift from being lyable to the said decree, Therefore they obtained an order that they might make (new proofes,) by vertue whereof they haue after all the said hearings, examined many witnesses by way of supplimentall proofe, as also they haue examined Morgan himselfe vpon many interrogatories.

1620. Iune, 19. and 26. After all which the cause being againe heard in open Court, in presence of all parties and their councell it was finally decreed, that Megges, Bowdler, and Ihones, should pay Morgan 7486. pounds, 1. shilling, 10. pence starling principall debt, due the 23. May 1612. for the generall Allum Accompt, and all intrest and damage, as yet respited by his Lordship. Also Morgan is to be freed by them for 14900. pounds starling ingagement for them. And it's not yet fully ended, whether the other foure, namely Turnor, Sir Iohn Burcher, Essington, and Barlow, shall be lyable to the said decree or not.

Which decree is accordingly 9. monthes since sealed and inrowled, yet no part thereof performed, Megges not being to be found, Ihones submitted himselfe to the prison of the Fleet, Bowdler appeares vnder protection of a Parliament man, and paies no man, hee stands out-lawed, and euer since May 1612. hee liued either vnder protection, or in obscurity, and hath conuaied a great estate in trust into the hands of Megges, his Father in law, the Lady Cambell his Mother and diuers others.

1620. Decem. 5. All proces of Court as well ordinary as extraordinary being spent, against the said Megges, and Bowdler, according to the ordinary course of the Court, his Lordship after all ac­cording to the vsuall course of the Court, Fined them two at 1000. pound a man for their many seuerall contempts, and not yeelding obedience to the said decree.

1. FOr as much as the said Megges, partners, and farmors, were all one ioynt body in the said Allum businesse▪

2. For that all but Megges had seuerall protections from his Maiesty as one ioynt company:

3. For that all of them exhibited an accompt to his Maiesty as one body, and thereby receiued of his Maiesty 36100. pounds starling, accordingly.

4. For that the petitioner Morgans ingagem ents did arise onely by being Factor for them all, for that Allum businesse, as for one ioynt body.

5. For that all the petitioners demands appeare to be due by bills of exchange in writing, either vnderwritten, or accepted, by the said partners.

6. And for that the truth of the petitioners cause not onely appeares, by a ioynt report made by 2. Masters of the Chancery, 2. Aldermen of London, 2. Merchants of London, assisted with the Auditors of the Chancery:

Nota. As also vpon many other seuerall Reports, all grounded vpon depositions, accompts, and writings proued in Court, and after 6. deliberate hearings in open Court, after that they had Supplimentall proofe, and examined the Petitioner vpon in [...]rrogatories. And the same finally Decreed by [...]e Lord Chancellor:

THe most humble petition of Morgan is, that the said decree may be established, and confirmed by act of Parliament, and as the said partners were all one [...] to receiue of his Maiesty and others, and to engage the petitioner, so they may be as one ioynt body to satisfie him, and that all their lands and goods, which they are or shall be [...]eafter posses­sed of, may be made all liable therevnto.

And although they haue made fraudulent conueyances of their estates, yet if the same be hereafter discouered, that then all such conueyances be made voyde.

SO as if all Bowdler and Company their Allegations were true (as they are most false)

First, all which Iohn Grenowes deposeth vnto, amounteth not vnto 1480. pounds.

Nota. Secondly, all the pretended confessions of Morgan, amount not vnto 375. pounds. Both which is but 1855. pounds. And Bowdler by his owne bill demands but 3000. pounds. whereof this 1855. pound is part.

Yet vnder colour of these false pretences of errour, although all amounts vnto but 1855. pounds starling, Morgan hath thereby aboue 8000. pounds starling, principall debt, detained from him, due 9. yeeres past, besides all Interest, and damage for the same, which is in all proued to be abo [...] 21000. pound starling, besides his Ingagements for them to Master Peter Courten, and others, amounting vnto 14900. pounds starling more.