THE MODEST VINDICATION OF JOHN DAY of LONDON, MERCHANT: Vnto an invective, falſe, and ſcandalous Remonſtrance, preſented the 2. of July, 1646. Unto the Right Honourable the Committee of Lords and Commons for the Admiralty and Cinque-Ports.
By JOHN DAY.
LONDON, Printed in the Yeere, MDCXLVI.
HAving lately ſeene a Remonſtrance preſented by John Peacock, at preſent living in S. Nicholas lane, unto the Right Honorable the Committee of Lords and Commons for the Admiralty and Cinque Ports, having got a Copy thereof, as likewiſe of his Atteſtations; which ſeriouſly peruſing, I conceived it ſo falſe and ſcandalous, that I fully reſolved to put forth this my Vindication in print, with a true and full narration of all the paſſages of my negotiation in his and other mens buſineſſe, both here and beyond the ſeas, as likewiſe his unjuſt proceedings againſt me ſince my returne, which I will leave to the judgement of the Reader. Firſt, I will ſet downe the Remonſtrance truly copyed, delivered July 2. 1646.
SHEWETH,
THat your Petitioners having a Ship called the Barak and Deborah, bound from Amſterdam to London, laden with Merchants good to the value of 10000. l. was in Iune 1645. by one2 Fowder, Captaine of a Kings man of Waare, taken and carryed into Oſtend; whereupon your Petitioners gave Procuration to John Day Broker to repaire to Flanders, and there proſecute Reſtauration of the ſaid Ship and goods, and to that end obtained a Letter from Maſter Greene to Doctor Walker, then Agent extraordinary for the Parliament in Flanders, unto whom he was to apply himſelfe, and receive and follow his advice. But the ſaid Day contrary to your Petitioners Order repaired not to Doctor Walker till two moneths after his arrivall in Flanders, but brake open the ſaid Letter, and made uſe thereof to his owne ends, to the great prejudice of your Petitioners, who entruſted him in that employment.
That the ſaid Day for the ſpace of three moneths or thereabouts continued in a debauch'd and impious manner of drinking & ryoting with the ſaid Fowder and other Pyraticall Commanders and Seamen then at Oſtend, publiquely calumniating the Parliamant with vile and reproachfull language, as by the Atteſtations annexed appeareth; and in particular, ſome worthy Members of the Honourable Houſe of Commons, as will be proved.
That the ſaid Day contrary to the truſt repoſed in him, dealt moſt injuriouſly with your Petitioners, as appeareth by two Atteſtations hereunto annexed; And inſtead of rendring of a juſt accompt of his proceedings as was expected from him at his comming into England, preferred a vexatious Bill in Chancery againſt your Petitioner Peacock and the Maſter of the Ship, where it ſtill remaines.
That the ſaid Day by his keeping company with the Malignant party, and deceitfully complying with them contrary to the truſt repoſed in him, and by his foule carriage there, was not only a meanes to keepe the ſaid Fowder from having the Arreaſt awarded by the Privy Councell laid upon him, but did alſo much prejudice the publique affaires of the State, and retarded and diſturbed the proceedings, to the great Encouragement of thoſe pirates and Malignant party, ſcandall of the Parliament, obſtruction of Trade, hinderance of the Cuſtomes, and griefe and loſſe of the petitioners and other well-affected.
3Now foraſmuch as the premiſſes are not only Damageable to the Petitioners in their private intereſt, but doe containe matter of State and are of much publique concernment for the Advance of trade at home, and removing all miſunderſtandings abroad, to have the ſaid Day that hath been ſo ſcandalouſly Malapert in his Language againſt the Parliament, and deceitfully falſe in his truſt, and treacherous to the publique, to be made exemplary in his puniſhment, that others may be deterred from the like hereafter.
The Petitioners humbly pray, that the ſaid Day may be convented before his honourable Committee, And the premiſſes apearing to be true, that he may not only be ordered to give the petitioners ſatisfaction for their damages, but have open puniſhment inflicted on him according to Juſtice.
Upon which I preſently put in a Vindication, the which I have likewiſe ſet downe being delivered the 9. of July.
SHEWING,
THat your petitioner did goe over unto Oſtend at the entreaty of the ſaid Peacock and diverſe other Merchants, as in his Remonſtrance is expreſſed, and there did them faithfull ſervice to the uttermoſt of his indeavours.
That it may ſo appeare to this honourable Committee, it is moſt humbly prayed, that in regard of your great affaires your Honours would be pleaſed to referre the examinations thereof unto any two Merchants whom your Honours ſhall think fit, or the petitioner is content that the ſaid Peacock ſhal make choice of any two Merchants, whereby they may examine the truth of the Buſines and ſo report unto your Honours.
That in the Remonſtrance he ſetteth forth diverſe ſcandalous4 truths, producing of atteſtations, which if ſhould be really Truth, I confeſſe I deſerve death; whereas in his prayer he deſireth your petitioner might be convented before this Honorable Committee, And the premiſſes appearing to be true, that your petitioner may have open puniſhment according to Juſtice, All which is moſt heartily deſired of your Petitioner, That if this Honourable Committee ſhall thinke fit, That the Examination of theſe Atteſtations, the Conditions and Qualities of the perſons of the Atteſtators, may be examined by ſome indifferent men, as your Hoſhall think fitting.
Your Petitioner humbly prayeth, that the ſaid Peacock may forthwith declare what other Merchants are complainers againſt your petitioner beſides himſelfe, no mans hand to the Remonſtrance but his owne, and that this may be with all expedition effected, the rather, in that your Petitioner hath great imployments, as the ſole printing of the Bills of Prices, to the advance of Trade, encreaſe of Cuſtome, great benefit to the Merchants in generall, to the Honour of the Citie, and to the profit of the State many thouſand pounds Per annum, which your Petitioner cannot proceed in, untill this vexatious buſineſſe be ended, the ſaid Peacock being many hundered pounds in your petitioners debt, and ſeeketh to pay your petitioner with falſe ſcandalls and vexatious ſuits, as having arreaſted your petitioner in Eleven hundred pounds Action, which is ſtill depending in the Common-Pleas
And your Petitioner ſhall pray, &c.
About the 27. of June, 1645. I was deſired by M. Peacock and ſome others intereſſed in a Ship taken comming from Amſterdam bound for London, by one Captaine Francis Fowther that went to Sea with the Kings Commiſſion, and brought up to Oſtend; I had no great mind to goe, but at their earneſt importunity, and by vertue of the Procuration, dated the 27. of June, which Procuration followeth in theſe words: viz.
ON this day, the 27. day of the month of June, in the yeere 1645. ſtyle of England, before me Abraham der Kinder Notary and Tubellion publique dwelling in this City of London, by the authority of the Kings moſt excellent Majeſty of Great Britaine, admitted and ſworne, and in the preſence of the under-written witneſſes perſonally appeared John Peacock, George Coney, Richard Streater, John Freeman, William Carter, Ralph Grafton, James Sotheby, Matthias Eyre, John Gibbs, and Robert Hammon. all Merchants and inhabitants in this city of London aforeſaid; The which ſaid Appearers joyntly and every of them ſeverally have authorized and conſtituted even as they doe authorize and conſtitute by theſe preſents, John Day, John Hadgſhon, and Robert Jefferey, all three Merchants, reſiding here in this City of London, being preſent, and taking upon them the charge of this procuration; Giving and granting unto them and every of them ſeverally, full power and authority, and ſpeciall Command, for and in the names of them, Conſtituants, and every of them to claime, aske, demand, recover and receive out of the hands of whatſoever perſon or perſons whereſoever they are or ſhall be found, all ſuch goods, wares, merchandizes, and other things whatſoever, as they conſtituants and every of them joyntly and ſeverally are to have, and unto them are belonging and appertaining, the which were laden in the months of May and June laſt at Amſterdam in Holland for this port of London, aboard the ship called the Barak and Deborah of London, Mr. William Rous, and afterwards taken in Sea by Captaine_____by him brought into Oſtend in Flanders, of their Receipts to Paſſe Acquittances in due forme, and in the whole to paſſe all ſuch acts; inſtruments and notes as there unto ſhall be needfull and requiſite; And (if need be) to proſecute the Recovery of6 the premiſſes before all Lords and Magiſtrates againſt whom and for what occaſion the ſame may be, to agree, compound, &c. And further (aswell in Law as without) to agitate doe and leave undone as in and concerning the premiſſes ſhall be needfull and required; And as they Conſtituants might or could doe, if they were perſonally preſent, with power to ſubſtitute one or more Attorneys in their ſteads, And they Conſtituants and every of them aforeſaid doe promiſe to hold for good firme and of value all and whatſoever by their ſaid Attorneys and every of them and their ſubſtitutes ſhall be done and procured in the premiſſes; To ſtand to the Law and performe what ſhall be adjudged (if need be) ſalvo ſibi in omnibus juſto computo inde reddendo.
Haec praeſens Tranſlatio concordat ſubſtantial. cum ſue originali.
By which you may perceive the power given mee, and at the ſame time received from Peacock, his inſtructions truly here ſet downe directions under his owne hand writing by him confeſſed before M. Stephen Burton, M. Thomas Browne, M. Lucas Luce, all knowne Merchants and honest men, being our Arbitrators, as hereafter ſhall more appear, viz.
The Pot-aſhes at 6. gl. or 7. gl. or 8. gl. the C. or 9. gl. or the whole 6. Fatts at 600. gl. or 700. gl. or 800. gl. or 900. gl. 4 KP.
The Oyle at 30. gl. or 35. gl. or 40. gl. or rather then faile 50. gl. per Hogſhead: or if they will ſell by the Ame at 25. gl. or 26. gl. or 27. gl. or 28. gl. or 30. gl. per Ame. 4 KP.
The Mollaſſes at 120. gl. per tunne, or 125. gl. per tunne, or 130. gl. per tunne,4 KP. or 140. gl. per tunne, or 150. gl. per tunne. The ten Hogſheads and the little Barrell makes two tunnes and an halfe, or it the utmoſt 7. gl. 10. ſt. per C.
A Fat of Wire the Ring at 20. ſt. 30. ſt. or 40. ſt. or the whole Fatt 320. gl. or rather then faile at 350. gl. or if they will ſell it by the C. at 20. gl. or 30. gl. or 40. gl. per C. No. Pl. 15.
This Fat of Wire at the ſame prices and conditions. No. Pl. 15.
The biggeſt bundell of ſmall Wiers at 20. ſt. per Ring, or 30. ſt. or 36. ſt. per Ring, or the whole bundell at 80. or 90. gl. or by the C. at 20. 25. 30. 35. or 36. gl. per C.
The leſſer bundle of looſe Wyer ſmall, 20. ſt. 30. ſt. or 34. ſt. per Ring. or 60. or 70. gl. the whole bundle, and as the former bundle by the C.
A Fatt of Iron Wier at 30. gl. or 40. gl. or 50. gl. per C. or the like by the pound. 4 No. KP. 6.
Foure Bundles of looſe Wier at 12. gl. or 13. gl. or 14. gl. per C.
The Fatt of Iron Wier at 20. ſt. or 40. ſt. per Ring, or 20. or 30. gl. or 40. gl. per C. 4 No. KP. 5.
Ten Hogſheads of Brimſtome at 8. 9. or 10. gl. per C. 4 No. KP. 6. 11. 4. 9. 1. 26. 22. 21. 5. 2.
The Goat-skins at 7. gl. or 8. gl. per Dicker, that is, every ten skins.
And claime the Ship for me John Peacock, and John Freeman, and buy it at 300. l. or 350. l. or 400. l. with her Rigging, and all other Tackle.
After my arrivall there in that place, I enquired what goods were unſold, what and unto whom ſold, I uſed all poſſible endeavours to buy thoſe that were unſold, applying my ſelfe to die ſaid Captaine Francis Fowther, and did ſo temporize with him, that I bought the Ship, and moſt part of the goods that were8 unſold: And afterwards I went to Maſter Iohn de Lavillety, who had bought moſt part of M. Peacocks goods, told him, I came from the Proprietors to challenge the goods, I underſtood he had bought great ſtore of them, deſired that I might have them at moderate prizes, being it was for the owners. He replyed, that what he had bought was for divers other men that lived out of the Towne, and the moſt part he had ſent away; for what was in his hands he would adviſe them, and uſe his endeavours to perſwade them unto reaſonable profit. I am perſwaded, had I come one week before, I had bought all the goods for leſſe then one third part of what they coſt. I went to adviſe, whether there was no courſe to be taken to arreſt the Ship and Goods, and was informed there was none: howſoever I would very faine have tryed. For within three dayes after my comming, I did ſee a Fatt of Kettles going aboard of a Billander for Bridges, preſently went to the Bailiffe of the Towne, deſired him to lay an Arreſt upon it, promiſing him, he ſhould be well contented; but he told me he durſt not: then I offered him 100. gil. With that he went with me to the Burgo-maſter Eggelſton, who was Deputy for the Admiralytite of Dunkerke, ſhewed him my Procurations, told him I was ſent over expreſly in the behalfe of the Proprietors: he anſwered me very mildly, that the Ship and Goods were condemned at Dunkerke for Prize, and that that Towne was ſubordinate to the Admiralty Court of Dunkerke, they had no power to diſobey their Commands, and indeed he ſaid durſt not: it was not onely the loſſe of the place, but ſomething elſe. I deſired him to adviſe mee what I had beſt to doe; he told mee there was no other way but to goe to Bruxels to the Supreame Court there; if I could procure any Order from thence, he would be ready to doe me all the favour that could be. The 30. of June the ſame day I arrived, I adviſed Peacock himſelfe, as likewiſe the 10. of July and the 5. the Anſwer of which was dated here the 11. of July, which Letter will be very materiall to be inſerted, and hereafter followeth in theſe Words.
LOving friend M. John Day, Salut. Yours of the 30. of June primo Julii and 5. Ditlo I have received, and ſee you have drawn upon me 300. l. upon three daies ſight. I have acccepted your Bills, and I will ſee to pay them. I hope you have bought more of my goods, I wonder things ſhould be gone ſo ſuddenly. And if the Captaine could be got out of Oſtend in any other Towne, ſure Law would take place. Pray be warie and not buy the Goat-skins too deare, for I feare they be ſpoyled with lying, the wormes will eat them up. Were I there and could any way learns which way any of my goods were gone, I would follow and arreſt them. At Oſtend they are Rogues altogether, ſee if the Brimſtone be to be had, and buy it, for I need it. If you cannot have all, buy theſe 4. Hogs-heads; ſeem to make no choice, but chooſe theſe 4. Nomb. 4. 6. 9. 11. And though you give 12 gl. per C. If you have not bought the Goat-skins buy them not higher them 12. ſt. per skin. I cannot underſtand what you have bought the Lin-ſeed Oile for. It may be ſome of them are leeked out, and ſo we may pay more then they are worth. Sure if you enquire all the goods will be yet in Towne. I pray you be not ſo haſty to come home, but goe to Walker and informe him, and heare what adviſe he will give you and us to helpe our ſelves, for to looſe our goods in a friends Countrie, this faſhion is very abſurd. You write me in your letter that you have drawne 300. l. at uſance and 8. dayes. But your Bills are at 3. dayes ſight, and you never, write to any one at what price you have drawne, aſſure your ſelfe we know the price how the courſe goeth. M. Hudſon writes you have bought in the Lin-ſeede Oyle at 50. gl. per the hh. If you have, it is above my Order. I hope to ſee you have gone under Order, but not above. By all meanes ſee to get it under hand, who bought all my goods, or enquire it out diligently who bought my goods that are gone; And more, pray what goods is bought or what goods there is there for London let be Laden for London. And let the Maſters Mate bring the ſhip over, if they will not ſuffer the Maſter to have to doe with her. Here is one will come over to Load the goods, but we will have our goods come in the Deborah, and I hope they will now give her a free paſſe not to be moleſted by any now. But howſoever there is no coming without〈1 page duplicate〉8〈1 page duplicate〉910Convoy in reſpect of the French; Therefore let them ſtay ſo Convoy if you doe mean us any good. Pray fraight out ſhip off and when ſhe is full whom you pleaſe: I have ſpoke about the Bever wooll, this was exceedingly cladded together, if it be ſo cladded, it is not worth above 10. s. if as good as this and not cladded. 15. 16. 17. 18. s. per l. And for S. Michaels Woad, M. Ramſey ſaith, that it is worth from 6. s. to 12. s. the 100. You know the goodneſſe, he ſaith, if but mean, I heare it will yeild 7. or 8. s. not elſe. Pray give M. Lavillety Bills uppon S. Daniel Le Brum of Antwerpe for his 300. l. or what more you ſhall neede for my account, and ſo ſend me a note from M. Lavilletty to me to receive theſe Bills in, and let him have his mony at Antwerp; Not elſe in haſte, God keepe you.
By which you may perceive, that he had received my three Letters; in that of the 5. of July I had adviſed him at large of all what paſſed, deſiring him to take ſome courſe to eaſe me of my imployment, being very ſorry I undertook it; and for my part I was reſolved not to ſtay. He anſwered me in theſe words, I pray be not ſo haſty to come home, but goe to Walker, and informe him, and heare what advice he will give you and us to help our ſelves, for to loſe our goods in a Friends Country this faſhion is very abſurd. Now here was a contradiction to my deſire, which was, to returne home, according unto my promiſe to him and the reſt; for though I took an abſolute Procuration from them, yet I did declare my ſelfe that I could make no long work of it, and that I would not ſtay there above five or ſix dayes, and that by no meanes I would undertake any Law-ſuits, and that they ſhould give me 10. l. towards my charges, and that if the Ship and Goods were not ſold before I came, and that I did buy them, they ſaying the Ship and Goods were worth 10000. l. I would be contented with 3. per C, but in caſe that they were ſold, then to have ſuch ſatisfaction for my expences and loſſe of time, is ſhould in reaſon be thought fitting. After they had verbally promiſed this, I conſidered with my ſelfe that I went upon uncertainties, with all the great loſſe that might be in my imployments. 11He prayed me to goe how ſoever, I ſhould be well contented to my owne deſires, as by this will appeare.
WEE under-written doe confeſſe, that about the 27. of June laſt, That M. John Peacock did come unto John Day upon the Exchange, asked him if he were reſolved to goe for Oſtend: John Day ſeemed very unwilling, ſaying, He was loth to goe, fearing he ſhould doe you little good. Ʋpon which M. Peacock anſwered, Goe howſoever, you ſhall have ſatisfaction to your own content, or words to that purpoſe.
Upon which faithfull promiſes I departed that night, and uſed ſuch diligence, that five dayes after I came to Oſtend, as formerly declared. In this Letter of the 11. July, 1645. he adviſeth, that he had accepted my Bills of Exchange of 300. l. and would ſee to pay them. In my Letter of the 5. I adviſed him, that I had drawne upon him at 3. dayes ſight 300. l. but wiſhed him by all meanes to ſend me a note from M. Luce, whereby I might recover the monies which he did not doe: M. Lavillety would undertake no further then he had Baiard in the ſtable, which if I had done ſo, I had never runne into this inconveniencie. You may be pleaſed to obſerve, that Oſtend is a Towne of little or no trade, only a Garriſon for Souldiers; And all that time the only Randevous for Pirats. There's no exchange nor monies to be had, but what is ſent per Poſt or other wiſe for Antwerpe or Lile, which at that time was ſo dangerous, that ſcarce a Poſt could ride, for the Duke of Lorraines forces lay between Bridges and Gaunt upon the one ſide of the River, and the Prince of Orange on the other, between Oſtend and Lile, the French lay about Iper and thoſe parts, ſo that for divers dayes no Poſt came. Captaine Fowther was very earneſt for his mony, I told him the reaſon was, no Poſt came; About the latter end of July there came a Poſt and brougth ſome monies, but not all, about 1600. gl. wiſhed M. Lavillety to pay M. Peacocks account 1400. gil. Which was done accordingly, faithfully promiſing unto the Captaine by the next poſt to pay him all, as indeed I had done, if I had recovered mony to have done it withall. The next week before the Post came arrived12〈…〉•…helwell with Procuration from Doctor Walker and arreſted•…ptaine Francis Coleman and all the goods that he could meets with, that were not delivered nor paid for; what moneys were any way owing unto him, and would have arreſted Cap. Fowther, but he ſaith ſince, that I conveyed him away. The next day the ſhip of Fowther, as like wiſe all goods and montys that were any way due or belonging unto him, he arreſted in M. Lavillety his hands and in my hands, what moneys I owed unto Fowther, I got a coppie of his Procurations, the Doctors Remonſtrance, and the order for the arreſt, came for England, acquainted the Merchants, ſtaid ſome ten dayes, and at the entreaty of the Merchants went over againe, for indeed I could not in Conſcience leave the Buſineſſe ſo imbroild, but before I went backe was commanded to attend the Honourable Committee of the Admiralty, where I appeared and ſome Merchants with me, where it was deſired that their Honours would be pleaſed to write unto the Agent Doctor Walker to accomodate the Merchants in what he could for recovering of their goods, one of the Honorable Committee asked me, if I knew M. Thelwell? I anſwered, yes; another asked me, what I thought of him? I told them in plaine termes, that he was a man very urfit for any Honourable imployments. I went the next day backe for Flanders, where I uſed ſuch diligence, that within ſix dayes I was at Bruxells, but before my comming about ſixe houres M. Thelwell had received a letter from a friend of his, that belonged to the Committee, ſhewed me the letter and who wrote it, but the partie hath ſince denied it, and ſhall be no more queſtioned by me, but whoſoever he was, he did ſomewhat enlarge in his Relation. Thelwell ſo ſoone as he had received his letter, told the Doctor that I had abuſed him ſufficiently before the Committee, but it was no great matter, for I had abuſed his worſhip, ſpeaking ſtrange ſcandalous words of him before M. Bailey of Bridges and others, the next morning comming before his Worſhip, after I had done my duty, and preſented his Worſhip with ſome letters, beganne to be very angry, asking me what offence he had ever done me, that I ſhould abuſe him? I admired what he meant, proteſted unto him, I never had any reaſon to doe it, he told me, he could prove it, I anſwered, I ſhould be aſhamed to looke him then in the face, called M. Peter13 Thelwell, asked whether I had not abuſed him in words, replyd, yes, I demanded when and before whom, he ſayd at Bridges, before M. Bailey, told his Worſhip, that I was certaine M. Baily would not juſtify any ſuch thing, knowing that I had better breeding then abuſe a Gentleman of his quality, eſpecially one that I never ſaw in my life before, deſired M. Baily might be ſent for, who then was in Town, and lay but hard by: At my entreaty he ſent one of his foote boyes for him, before his comming his Worſhip had occaſion of other buſineſſe, next day invited me to dinner, M. Thelwell invited M. Baily, where we were very kindly uſed, after dinner he told me, that he was very well ſatisfyed I had not ſpoken ill of him, I deſired his favour in Reſpect of the Merchants, he bid me comply with M. Thelwell I ſhould find him very ready, knew not well what doe; M. Thelwell, having had ſo late notice of the words ſpoken of him, howſoever I confeſſe the words, M. Baily made us both friends; After we had dranke together, then we came to a Treatie, M. Baily was very helpfull unto us both. It was argeed between us and allowed of by the Doctor before a Publique Notary under the ſeale of Bruxels bearing Date: which Agreement I have extant, by which it was under-hand agreed, that I ſhould pay unto M. Baily 60. Piſtolls, which I was contented to doe, with this proviſo, that if I did not recover the Ship and goods my obligation was to be of no validity. I thought my ſelfe certaine all was right, but comming to Oſtend ſhewing my Councell the agreement, they adviſed me to goe to the Burgoemaſter M. Eggleſton, who told me, he could not deliver the ſhip and goods without they were praized, unleſſe it was agreed between the Agent that pretended intereſt, and Captaine Fowther, that they were both contented with a certaine Summe be it little or much he would accept it, otherwiſe it would be a long and troubleſome buſineſſe, there was no remedy, but I muſt back againe, came to Gaunt, where I found his Worſhip and M. Peter Thelwell, repaired unto them, told them the occaſion of my returne, deſired there might be no further delays: Doctor Walker promiſed me very faire ſtillbade me comply with M. Thelwell, I came thither about the fourth of October, being upon a Friday or Saturday, we met, where we compared notes, and I told him that the Proprietors who had truſted me, would expect ſome accommodations14 for their great charges, beſides their extracted loſſe other wayes, and that my loſſe of time was precious, I entreated him of all friendſhip, that things might be accommodated ſo for as if poſſible they might give content, he promiſed me he was ſorry that the Burgomaſter of Oſtend would not follow the order he had given, and becauſe it ſhall appeare to the world my ſincerity, I have tranſlated that agreement with the Procuration given by Doctor Walker by Maſter Thelwell, dated the eleventh day of September, 1645. which Procuration I have alſo thought fit here to inſert, viz.
On this day, the 11. of the month of Septemb. in the yeere 1645. before me Iacob Van Boſſuiit Publike notary by the Soveraigne Councell of his Royall Majeſty in Brabant admitted reſiding in Bruſſells and the witneſſes heareafter named perſonally appeared the worſhipfull Peter Thelwell as being conſtituted and authorized eſpecially to the Cauſes here under written by the well learned Walter Walker Doctor in the Lawes Prolegate of the Parliament of England, according to the contents of the inſtrument thereof, being dated the third day of Auguſt laſt paſt, ſubſcribed by the ſaid conſtituant with his ſigne and ſeale hereupon imprinted in red wax, now ſhewing and appearing unto me Notary, and the ſaid Appearour, hath by vertue and according to the power of the ſaid Procuration declared even as he declareth by theſe Preſents to conſent unto Iohn Day Merchant in the City of London in England aforeſaid, as appointed and authorized by M. John Peacock, George Coney, Richard Streater, John Freeman, William Carter, Ra. Grafton, Iames Setheby, Matthias Eyre, Iohn Gibbs, and Robert Hamon, all Merchants and inhabitants in the ſaid City of London: That the ſaid Iohn Day in the ſaid quality, foraſmuch as it may concerne him, appeares in his ſaid Quality, notwithſtanding the Arreſt made by him Appearor upon the goods hereafter written by the perſon of Peter Thelwell, may take up under ſure and ſufficient baile by him put in the goods and wares hereafter written, to wit, the Ship and what belonged unto her, foure cheſts with blades for Rapiers, two of them marked with the letters ME. and the other two with the letters R.G. Item in hundred and twelve Bales of Anniſeeds marked with the letter L. Item foure Caſes with Skrewes of Piſtols marked with the letters15 J.G. Item two caſes of Bever Wool. Item foure ſmall barrels of Quick-ſilver. Item two caſes with Salſaperilla, marked with the marke R4. Item one ſmall barrell with Mace, and a number 1 ww. of Goat-skins, beſides two Caſes with Shrewes of Piſtolls, one ſmall caſe with Locks for Piſtolls; All the which goods are lying at Oſtend Sequeſtred by the Lords the Committees for the Admiralty of Dunkerke by Order of His Royall Majeſtie in his private Councell Dated the fifth day of Auguſt laſt paſt, and that in diverſe places within the ſaid Cittie of Oſtend thereunto appointed by the ſaid Lords Committees, and came out of of the Ship Barak and Deborah, whereof was M. William Rous of London taken in Sea by Captaine Francis Fowther and by him brought into Oſtend in Flanders aforeſaid, the ſaid goods being of the ſaid Arreſt and he appear our conſenting to the ſaid John Day or his Order hereof this preſent Act, for according to the power thereby to proſecute the recovery thereof, with putting in ſu•…ty of one hundred Pounds g•…once into the hands of the ſaid Committees through the perſon of M. Iohn de la Valette Marchant in Oſtend, Promiſing to hold the ſame conſent, for good and of value under Bond of his and his Conſtitutors Perſons and goods preſent and to come. Thus done in this Citty of Bruſſells in the preſence of H•…bert Vander Meulon, and Paul Baily as Witneſſes hereunto called, and the Draught thereof was ſubſcribed by the ſaid Appearours with me Notary. Quod atteſtor, was ſubſcribed Jacob Van Baſſuiis Notar.
You may be pleaſed to take notice, that this Procuration was mended at Gaunt afterwards by Maſter Thelwels conſent, ſomething being added, and likewiſe in Latine I ſet downe Doctor Walkers Procuration unto Maſter Thelwell, which bred all this confuſion. M. Thelwell promiſed me to doe what I would deſire, but I muſt give him 80. Piſtols, beſides the 60. Piſtols that I formerly promiſed to pay unto M. Bailys more, that I ſhould promiſs him as hundred Piſtols, to cleere Captaine Fowther from Arreſt, the which I would not yeeld unto conceiving that no Agent ſhould make any ſuch unjuſt demands to the prejudice of the honeſt Merchants. This was his demand about 6. of October following.
UNiverſis ad quos pervenerint preſentes, ſalutem. Ex remonſtratione facta Domino Regiper nos Walterum Walker Legum Doctorem Prolegatum Parliamenti Anglia, ordinatum oſt de Sequeſtratione bonorum in quadam Navi, cujus erat Joannes Tomaſon Magiſter nuper de facto intercept '& vi•…lenter occupat 'per quendam Capitaneum Coleman, & de arreſtatione corporis dicti Coleman pro cautione interponenda de omnibus bonis diſſipatis prout in ordine continetur, Quid tamen no•Prolegatus antedictus ad Dankerkham, & Oſtend, & alibi pro pr•…ratione executionis dicti ordinis cōmode itinerarinon poſſumus, conſtituimus, & per praeſentes nominamus & conſtituimus dilect•m nobis in Chriſto Petrum Thelwell Armigerum, noſtrum Procuratorem, Actorem, & Factorem, tam qaoad pramiſſa, quam quoad omnes alias cauſas & negotia in abſentia noſtra, nomine noſtre, vel pro nobis expediend ', damuſque & concedimus eidem Petro Thelwell poteſtatem generalem & mandatum ſpeciale, de agendo, faciende, & procurande totum & quicquid & omnia & ſingula quae nos ſi praeſentes perſonatitor intereſſemus opud Dunkerc vel Oſtend. vel aliquo alio loco expedire facire vel procurare poſſemus.
Concordat cum originali.
Preſently I wrote to Doctor Walker, to deſire him to ſtand for the good of the Merchants, acquainted him with the proceedings of M. Thelwell, deſired him for Gods ſake that they might not ſuffer in their eſtetes; he would not anſwer my Latter 12. of Octber; returned to Oſtend, intending for England, came to Oſtend the 15. the 16. I wrote unto Maſter Peacocks, the Copie of the Letter hereafter followeth in theſe expreſſe words.
MAſter John Peacock, Loving friend, I came hither laſt night from Gaunt, where I had beene with Maſter Thelwell eight days to have compoſed your unfortunate buſineſſe, and in concluſion effected nothing, his demands being beyond my expectation, far beyond his deſerts, 80. Piſtols to be paid preſently, 60. Piſtols to pay Paul Baily, 100. Piſtols to releaſe the Arreſt upon the perſon of Cap. Fowther, though not yet arreaſted; I could not find Piſtols to ſheet off ſo faſt; I am in ſuch a ſtrait, I know not what to do. My reſolution is, God willing, to write no more to you: expect an Anſwer of this, ſo to return, in the meane times, I pray ſpeak with the reſt among you, appoint ſome body either to come hither to diſcharge me, and to looke after your goods, or order me or deliver over your Procurations to whom you will appoint, for I take God to witneſſe, I am ſo weary of this buſineſſe, that I wiſh to have given 50. l. out of my owne purſe, that I had never come over, or adviſe the reſt of the intereſſed to take ſome ſpeedy courſe, that you may not be cozined of all, I have writ to the Agent, deſiring him to be aſſiſtant unto you, whereby you may be fairely dealt withall; truly he is a very honeſt gallant Gentleman, and one (as I conceive) will doe no unjuſt act; but there is one againe with him of a broken fortune, M. Thelwell, that looks nothing more, but to enrich himſelfe by other mens loſſes. I could be larger in writing of very ſtrange paſſages, but dare not, remembring wel where I am, that for ſmal matters make nothing of killing men, but God bleſſe me with ſafety to returns, I ſhall declare to the Honourable Committee, and to the Merchants, the true ſtate of the buſineſſe here. I have written to M. William Chriſtmas, I wiſh you to confer with him, with my love remembred.
Poſtſcript. I received by the laſt Packet not a Letter from no man, forget me not, I doe not you. Here is a report that a Dagger Boat lately gone out with 6. Gunnes is taken and carryed to London, the Captaines name Hooker, a gallant man, his crew anſwerable to himſelfe, that theſe Parliament dogs that he can take, God damne him ſhall overboord, or elſe carry them to Argiers. Here are many brave Captaines,18 not to compare to this. I pray remember my ſervice to Captaine Cramley, if he be taken, he can and will take ſome courſe for his ſafety.
By which I adviſed him of my fruitleſſe voyage, ſtaid at Oſtend three or foure dayes, in that interim Coleman was releaſed, had notice of other goods that were conveyed away, as Platts which were conveyed to the hands of M. Chriſtopher Meyſtron•for the ſatisfying of a Bill of Exchange of M. Thelwell. After adviſe I ſaw apparent, that there was an abſolute agreement betweene Humbleton and Thelwell to cozen the Merchants of their eſtates, went to the Burgo-maſter Eggleſton, acquainted him of their purpoſe: he told me that he could not helpe it, he had releaſed Coleman by vertue of M. Thelwels Procuration from the Agents I told him I was very confident our Agent had no notice, nor knew thereof; he bade me acquaint him, if he would ſend any contradiction, he would take ſuch care, that the Merchants ſhould not have their goods embezelled.
Whilſt I ſtaid there, I was ſo cruelly tormented with Rous the Maſter of the Ship, in that I had not in all that time cleered the Ship, and did keep ſuch a quarter with me, as by this Certificate will more at large appeare. I ſet it downe, becauſe he had ſworn the contrary in his Anſwer, viz.
VVEE whoſe names are here underwritten, doe teſtifie for truth, that about foure or five moneths paſſed at Oſtend Maſter William Rous Maſter of the Barak and Deborah, did can plaine unto John Day being then at Oſtend of his long delay is not cleering the foreſaid Ship, that the ſaid Day did declare, that he could not help it, but ſaid, he did it for the beſt, and hoped to ſave the owners ſome money; that if the ſaid Rous would give him a note of his hand, whereby the ſaid Day might not be damnified, he would preſently goe with him to M. Livillety, and give him the money to cleare the ſaid Ship, or words to that effect, that the ſaid Rous denyed ſo to doe.
I knew not what to doe, at laſt I reſolved (though it coſt me my life) to goe once more to Doctor Walker, and to acquaint him with Thelwels proceedings, arrived at Gaunt the 22. of October, where I adviſed Maſter Peacock, the Copie of the Letter I have here ſet downe.
LOving friend, this Letter I could not ſend by the laſt Packet, ſince yours of the 3 wherein you write you finde little performance; for Gods ſake come over, or ſend ſome that can doe more. You would have M. Rous his Ship cleared, D. Walker ſaith no, he hopes to got it for nothing, but what is already paid, I wiſh it were ſo. Captaine Fowther is in a manner contented with 1800. Gilders, ſhall I pay or depoſite 2600? M. Rous is impatient, I cannot blame him. What between M. Thelwell, you, and your Skipper, makes me almoſt mad. Tomorrow for Bruxels once more, to bring a period, if poſſible. Howſoever expect as aboveſaid. So reſting,
The 24. I came to Bruxels, lodged at a private house, ſent unto Doctor Walker a Letter, wherein I humbly deſired his Protection, that I might come and goe unto him without any danger of my life, by reaſon of M. Thelwell; that I had buſineſſe of concernment to declare unto him: he ſent his Secretary, who told mee, that I might freely come and ſpeak with him. I did ſo. But for feare of the worſt, I took a Souldier with me for my guard. Who comming before Doctor Walker, I truly related what Thelwell had done, in releaſing out of priſon Captaine Coleman, in the cozening the Merchants of their money and ſharing it amongſt them; the taking of Merchants goods out of the ware-houſes, converting them to their owne uſe, as Platts; M. Thelwell confeſſed before Doctor Walker, that he had and was to have 3000. gil. as likewiſe the taking out of the Platts, but ſaid, it concerned me nothing, I had nothing to doe with any of thoſe goods that were taken by Colemen: I replyed, and ſhewed an Order from Maſter Fr•…man for five Fates, withall telling him, that if I had not that, I was fearfull he might as well doe ſome diſhoneſt act, to the prejudice of the Merchants that I was entruſted for. After many words, he told Doctor Walker he had put in good ſecurity to the20 Parliament for any thing that he ſhould acte. I deſired Doctor Walker to aske him who was his ſecurity, he ſaid his cozen M. Thelwell the Parliament man and his cozen Charls Loid, I told Doctor Walker, that if he could make that any wayes appeare,•ſhould reſt ſatisfied, would preſenly depart for England wel contented, and trouble him no further, he then told Doctor Walker he had it under his Cozen Loyds hand, he would ſhew it him the next day, I muſt truly confeſſe, that Doctor Walker did ſeriouſly proteſt, that he knew not of any of thoſe paſſages, neither the releaſing of Cap. Coleman, the ſharing of the mony, nor taking of any goods, I humbly entreated him, that he would be pleaſed to give a little note of his hand to the Burgomaſter of Oſtend for preventing of the further knaveries, and ſecurity of the Merchants goods, which he would not doe, the next day I came to him, deſiring to know whether M. Thelwell had ſhewed him the letter from his Cozen for ſecurity, he told me he had not, neither did he beeleve, he had any ſuch, I adviſed the Worſhipfull Alderman Kenricke who was interreſſed in the mony, that was ſo ſhared as likewiſe M. William Chriſtmas with diverſe others thereof, the 30. of October I preſented an humble Petition unto Doctor Walker, the Copie whereof I have truly ſet downe in theſe words.
Humbly ſheweth
That your Petitioner was ſent over into thoſe parts by the Merchants aboveſaid, with full power and Authority atteſted by the ſeales of London and by Publique Notaries Authenticke, as likewiſe with a Letter of Credit unto your Honour for your aſſiſtance for what your Petitioner ſhould require concerning the Ship and goods of the Barak and Deborah M. William Rous M.
21May it pleaſe your Honour that your Petitioner hath been moſt unjuſtly retarded theſe nine weekes by M. Peter Thelwell and yet is, which hath been by a power, that your Honour gave him Dated the third of Auguſt laſt.
By which power the ſaid Thelwel hath cunningly and underhand done diverſe ſtrange things to the great prejudice of the Merchants, and to a very ill example, as the releaſing out of Priſon Cap. Coleman, taking Merchants goods out of the Ware-houſes; all which hath been done without your Honours privity and conſent, as your Petitioner verily beleeveth.
For prevention of the future, let M. Thelwell without delay put in very good ſecurity ſuch as your Honour and your Petitioner ſhall thinke fit that nothing ſhall be done to the prejudice of the Merchants. Or elſe
It is moſt humbly prayed, that your Honour will be pleaſed take from the ſaid Thelwell the Order or procuration. Dated as aboveſaid, or at leaſt give Order under your Honours hands unto Seignior Eggleſton Burgomaſter of Oſtend, that he ſhould not ſuffer any goods of the Merchants arreſted, either the goods taken by Captaine Coleman, or Captaine Fowther to be delivered out to any man without your further Order.
By which meanes you may plainly perceive, that I did to the uttermoſt of my endeavours deſire Doctor Walkers aſſiſtance for the ſafety of the Merchants goods, and withall I told him, that I underſtood Giles M. Thelwells man was to goe for Oſtend, and of what dangerous Conſequence it was, deſired of him to give me two or three lines under his hand, to ſend to the Burgomaſter, he would not, but called for M. Thelwell, and asked him why he did not make an end with me, he told Doctor Walker, that I demanded more goods then I had procurations for. I told him, that my Orders ſhould ſhew the contrary, he told Doctor Walker, that if I would leave my Procurations and Orders with him, he would peruſe them, and what I had Order for I ſhould have; Thereupon I delivered him my Procurations, came to him, two or three dayes after to know his pleaſure, he would neither reſolve me what he would doe, nor give my Procurations againe, but22 bid me come by them as well as I could, upon which I Petitioned Doctor Walker againe, the Coppie whereof followeth in theſe words viz.
Humbly ſheweth
THat as yet he hath not received any ſatisfactory anſwer from M. Peter Thelwell, concerning the Petition in the behalfe of the Merchants given unto your Honour the 30. of October 1645.
May it pleaſe your Honour, as you alwaies have bin inclined to doe Juſtice, and that deluyes are hatefull unto you, your Honour will be pleaſed forthwith if it be with your Honours goodlikeing to call in your Procuration, Dated the third of Auguſt laſt paſt, wherein your Honour did abſolutely Authorize the ſaid Thelwell to arreſt the perſon and goods of Captaine Coleman and Captaine Fowther, which Authority your Petitioner knoweth for certaine, that the ſaid Thelwell hath lately much abuſed, and without your Honours ſpeedy redreſſe the Merchants are likely to be very much Damnified.
That the ſaid M. Thelwell hath and doth to the great prejudice of your Petitioner, eſpecially to the Merchants intereſſed, detain in his Cuſtody the Procurations and ſpeciall Commiſſions given your Petitioner, from the ſaid Merchants, having been a loveing way often deſired to reſtore them, aſwell before your Honour and your Secretary, as diverſe others, which he doth moſt unjuſtly deny to deliver, ſo that your Petitioner is very confident that he hath ſome ill intent.
Your Petitioner well knowing how tender you are of your Honours reputation leaſt any thing ſhould reflect upon your Honour,23 your Petitioner humbly deſireth you will be pleaſed to cauſe his ſaid Procurations and Commiſſions to be reſtored, and by your Honour to be enabled to proſecute the ſaid Procurations according to their true intent; That your Petitioner ſhall act nothing, nor receive any goods, but ſuch as he hath abſolute authority to receive, and for which he will be reſponſive, otherwiſe your Petitioner is reſolved forthwith to goe for England, to give a juſt and honeſt accompt to the Honourable Committee and the Merchants, that your Petitioner may goe with the more courage.
It is moſt humbly prayed, that your Honour would be pleaſed out of your wonted goodneſſe to give unto your Petitioner a note under your hand to the Burgomoſter of Oſtend, that none of the goods arreſted, either the goods taken by Cap. Coleman, or by Cap. Fowther, ſhall not be diſpoſed of to any intent whatſoever, untill your further order.
At laſt I got my Procurations and Writings, but not untill I underſtood his Honour was reſolved for England: To paſſe by many dilatory premiſſes, Thelwells intention of murthering me, and had done it baſely, had not his man and M. Dinſe, Doctor Walkers Interpreter, prevented him, who ſtaid him as he was running at me with his drawn Rapier, as I was ſtanding by the fire ſide.
Now I will leave him, and come to Doctor Walkers voyage for England, which he having reſolved of, I intended not to leave him, waited upon him to Dunkerke, I paſſed by Oſtend to enforme my ſelfe whether any thing had lately paſſed, deſired maſter Rous the Maſter of the Ship to come preſently to Dunkerk to ſpeak with D. Walker, who did ſo; we deſired D. Walker that we might have leave to cleare the Ship, that he would be pleaſed to take off his Arreſt, and to take his power which he had formerly given unto M. Thelwell, back againe, which he would not doe. I was adviſed to ſend a Notary to proteſt againſt him for all dammages that might happen to the Merchants, did ſo, the 10. of November, 1645. upon which he ſaid he would take away his Procuration from M. Thelwell, and would have a care that nothing ſhould be acted to the prejudice of the Merchants, untill24 further adviſe from England. I ſtill urged him for is none to the Burgomaſter, but could not have it. I told him plainly (I did conceive) he did beyond his Commiſſion, for to my knowledge he was deſired to be aſſiſting to the Merchants in what they ſhould deſire, and not to ſeeke to deſtroy them. Whereupon he was very angry. So I being reſolved to goe for England, yet I prevailed with him to goe to Seing 'Clauſons, one of the Judges of the Admiralty, with M. Thelwell, unto whom he did ſpeak in Latine, declared, as he told me in Engliſh, that he had taken away his Procuration and that he had deſired nothing might paſſe to the prejudice of the Merchants; I did goe with a ſpeciall friend unto Seig' Clauſons that evening, and deſired of him to know, Whether that the Agent had ſaid was effectuall to prevent M. Thelwell, that he could doe nothing to the prejudice of the Merchants, he told me, what the Agent ſaid to him was but words, and would availe nothing, for if he ſhould averre he had ſaid ſo, the other might deny it, which was but Pro and Con. By all meanes I ſhould got a note of his hand, I went to the Agent about it, but he would doe nothing, the next day took Shipping, arrived the third day in the morning at Dover, where I left him: the next morning I come to London, and ſent his Letter to his wife of his ſafe arrivall, and come now to my Merchants, eſpecially Peacock, how he rewarded me for all my paines and trouble into Flanders. I ſhould be too tedious in writing downe of all his Letters, only take a briuſe abſtract of ſome few, who in his Letter of the 4. of July doth expreſſe in theſe very words.
LOving friend, I have ſince thought with my ſelfe, that if you arreſted the Captaine that took our Ship, you cannot doe amiſs•, and arreſt the Ship alſo, and what goods you can find. But I〈◊〉the buſineſſe to doe as you ſhall ſee moſt advantageous.
By this you may perſeive ſome confidence he had in me, leaving of it to my diſcration. The 5. of July he adviſed me by M. William Rous the Maſter, to ſo furniſh him with what moneys hee ſhould need; accordingly I did furniſh him with what he demanded, as formerly declared by the Certificate of M. B•…and M. B•…and would have payd him the full money to have cleared25 the Ship, onely deſired a note of his hand to ſave me harmleſſe when I came into England. In this Letter of the 22. of Auguſt, 1645. if in caſe there be any Law of recover them, doe you endeavour, Doctor Walker ſaid, I ſhould not buy them, this day and that day they ſhould be recovered. The 9. of September he writes thus: I pray depoſite the money, if the Ship cannot otherwiſe be freed, let what Suit of Law come of is that will. He knew full well, I had paid 1400. Gilders before, was then upon agreement with Fowther upon an Arbitrement that the Ship ſhould not have ſtood them in above 1900. Gil. had not M. Thelwell hindred it. I have had divers imployments for ſundry Merchants, but never met with ſuch changeable inſtructions and orders; for firſt he directed me to give for his Wire 40. Gil. then preſently he thought 24. would be ſufficient. In his Letter of the 18. of July, 14. dayes after, when I had in a manner bought it, by his Letter of the firſt of August I muſt not exceed 15. Gil. in his Goat-skins the like, ſo that he did almoſt make me mad. He ſent me from Antwerp 400. piſtols current at 9. gil. per piſtol to pay for the wire〈…〉after orders me to ſend it back unto Maſter Le Bruyne that ſent it, I did ſo, Had I kept this 400 piſtols towards my large expences and loſſe of time, he and I had never differed; but after once he had got before-hand with me, I was gone. I ſhall with as much brevity as I can declare how after my returne home I repaired unto him and the reſt, and told them what had paſſed, adviſed what I conceived was beſt for them to doe, informing them, that by the meanes of Doctor Walker, the Ship and their goods were retanded, and that they ſhould doe well to Petition the Honourable Houſe of Commons, none being ſo forward as M. Peacock in the buſineſſe: thereupon they concluded of a Petition to the Honourable Committee of the Lords and Commons for the Navie, the Copie whereof verbatim here followeth, viz.
HƲmbly ſheweth unto your Honours, that about June laſt, the Ship Barak and Deborah comming from Amſterdam was taken by one Captaine Francis Fowther a Pyrate; and carryed to Oſtend.
That upon adviſe thereof your Petitioners ſent over John Day with full authority to demand your Petitioners Goods and Ship, ſo well by Law and otherwiſe he ſhould thinke fit; but before he came, your Petitioners goods were ſold, part of the ſaid goods the ſaid Day hath bought, as he ſaith, and paid the moſt part for them.
That on the third of Auguſt following, M. Peter Thelwell by authority from the Worſhipfull Doctor Walker did arreſt your Petitioners goods, by which your Petitioners are much damnified.
M. Peacock is the firſt man that underwrites, goes along with it very earneſt, the Ship and Oyls being not then come. In his Petition I beſeech you obſerve, that he doth there confeſſe, that he ſent me over with full power to demand the Ship and goods ſo wel by27 Law as otherwiſe I ſhould think fit, but if he forſwears this hereafter you muſt conceive, it is for his owne profit. By earneſt writing unto M. Lavillety to aſſiſt Rous in what poſſible he could to get his Ship away, moſt faithfully promiſing unto Lavillety, that he ſhould be no wayes damnified, he did aſſiſt him, and uſed that meanes, that the Ship and goods ſafely arrived here, Peacock and Rous they had no more thought of giving ſatisfaction for my exceſſive expences and great vacancy of time being above 21. or 22. Weeks upon that ſole imployment, but to the contrary the 9. of December arreſted me in two actions of 1100. l. Although I never had to deale with him for two pence, I went to priſon in the Compter, where I lay 2. or 3. nights, ſent for the Gentlemen, who came unto me with much a doe, asked him whether I had deſerved ſuch hard dealing from him, what was his reaſon to demand againſt me, was this the ſatisfaction for all the care and paines I had taken for him? He told me, that Rous and M. Sincler had told him, that I had paid nothing for the Ship and Oyles, that they had runne away with them, therefore I muſt give him 300. l. back, I replied that were it ſo, I expected a greater recompence for my charges and loſſe of time then the 300. l. I deſired him not to deale ſo cruelly with me, and withall told him, I had made a vow never to put in baile, nor to goe to Law, offered if he would refer it to any indifferent men, I would put him in good ſecurity to ſtand to the Award, he told me I ſhould rot in priſon if I would not put in bail. Preſently after I had a friend that came unto me, perſwaded me to put in baile, I told him what a ſerious vow I had made, being a man of Quality went to the Guardian of the Priſon to prevaile with him upon a paroll to be a true priſoner, that I had liberty to go abroad to appear when I ſhould be ſent for, I proſecuted it ſo by friends that I got him the 17. of the ſame month to referre it to M. Thomas Muſchamp and M. John Frith, when at the Mermaid Taverne after long debating they found ſome monies comming unto me, & did offer what appeared to them, to give me, beſides my charges and loſſe of time, which they would take into conſideration, and that I ſhould have content, I not having my accounts from Lavillety, I deſired a little time, they gave as by their award appears until the 17. of Jan. Within 14. dayes I received my account, repaired unto M. Peacock, deſired a further meeting before28 the ſaid Arbitratours, he would not upon any entreatyes, but proſecuted with the greateſt violence that poſſible could be, on Chriſtmas day in the morning went to Sheriffe Foots, under whoſe command I was, deſiring him I might not goe abroad, ſaying his actions upon me was for 1100. l. That I really owed him many hundred pounds (a brave way to pay debts) I went unto the Sheriffe, certified him the truth, whereby I conceived I had given him good ſatisfaction, howſoever ſuch was his importunity, that the 6. of January I was remanded to Priſon, who contrary to my faithfull promiſe, was forced to put in baile the ſame day, or elſe I muſt have lain and rotted, if that he might have had his deſire. I with much entreaty of friends, and indeed for meer•ſhame, he was content to have another Reference, but I muſt refer it to M. Lucas Luce and himſelfe, I conceived it very hard termes, the harder in that I muſt put in ſecurity in 1500. l. to ſtand to their award, knowing how juſt my cauſe was, yeilded thereto, the 20. of Jan. 1645. I was bound and my loving friend M. Jo: Frith, we had a meeting who after long debate M. Luce told him that it was very unfit that he ſhould be judge in his owne Caſe, howſoever if he would make choice of a third man to be an Umpier, he doubted not but to give him Satisfaction, which Peacock utterly denied, would condiſcend to nothing without he might be Ump himſelf, unto which demand there was no reſon to yeild unto, ſo that the arbitration broke off, I was forced to remove his erneſt to the Common place and preſently to put in a bill into the Chancery, which my bill came in againſt Peacock and Rous in February, his anſwer and Rous came in 21. February 1645. After I had taken out their anſwer being but 79. ſheetes, I looke a great deals of paines in peruſing of it, where I did find ſuch and ſo many manifeſt untruths, that I ſtood amazed; firſt for M. Peacock fol. 3. that I ſhewed my willingneſſe to goe the voyage, where he known the contrary, as by the Atteſtation appeares; fol. 5. that it was fully agreed that this defendant ſhould pay unto the complainant 3. l. upon every 100. l. for what he ſhould buy, a moſt falſe untruth, there was never ſuch an agreement made. It is true I did propound, that if the goods were not ſold before came, and if I did not buy them not ſtaying above 5. or 6. dayes, I would be content with 3. per. C. for my paines and labour, they29 paying my charges fol. 7. And theſe defendants doe deny that they or either of them, with divers or others did earneſtly or otherwayes entraute the complainant to goe for Oſtend, whereas by the Teſtimony of diverſe extant to prove it, that Peacock did moſt earneſtly begge and entreate of me to goe. I doe paſſe by many ſhall faults fol. 13. and this defendant both deny, that this defendant and the ſaid other perſons nominated, with this defendant in the ſaid Letter of Attorney, did by the ſame writing or otherwiſe give unto the complainant any authority to doe according to his diſcretion. Caſt your eye upon his Letter of Attorney, and his Petition to the Committee and ſee there if I have not full authority to doe as I ſhall thinke fitting, as if they themſelves were by and preſent, ſee but his Letter unto me of the 4. July. wherein he expreſſeth theſe very words, I leave the buſineſſe to doe, as you ſhall ſee moſt advantaguous, Fol. 14. And theſe Defendants ſay, and either of them ſaith, that they doe not beleeve, that before the Complainant arrived at Oſtend aforeſaid, upon his voyage thither, in the Complainants Bill mentioned moſt part or any part of the goods in the ſaid Ship were ſold and delivered, or that the ſaid Ship or goods, or any part of them, were at any time judged for Prize by the ſaid Admiralty of Dunkerke or elſewhere. Rous before my arrivall at Oſtend was gone for London, and had contracted for his Ship, bought divers goods out of the ſaid Ship from the Captaine, amongſt which a great parcell of Amſterdam Engliſh Bibles. Maſter Peacock knowes that moſt of all his goods were ſold before I came thither, there went three over with me about the ſame buſineſſe, two of them joyned with me in the Letter of Attorney, M. Hudſon, M. Robert Jeffery, who had likewiſe goods in the ſaid Ship, that were ſold before they came. M. Hudſon did buy part of his goods at the ſecond hand. for Rous and Peacock to ſwear that the goods were not adjudged as Prize, they might as well deny that I went to Oſtend by Sea, all one, for no man dare ſell Ship or goods there, untill they have been firſt at Dunkerke, and bring order from thence to the Admiralty there, Fo. 18. Nor doe theſe Defendants beleeve, that the Complainant having reſpect to the good of the owners, would give ſo great a price for ſuch goods, when as this Defendant Iohn Peacock faith, that he did when the Complainant undertook the30 ſaid voyage, give the Complainant his directions not to give〈◊〉then 30. gil. for a Hogſhead of the ſaid Oyle. Doe but look upon his Directions under his owne hand-writing, I muſt leave this to your judgement, whether M. Peacock hath liberty to forſwears himſelfe.
I have paſſed but to Fol. 18. there are 60, more behind, which were it not too tedious, there is not three leaves but apparent un-truths juſtified upon oath, as the receiving of the 300. l. and many other ſhamefull things. I will onely inſtance one or two more that Peacock ſwore, Fol. 19. That I did trade with his money and credit, whereby I enriched my ſelfe. God knowes I never traded with a peny of his money, neither ever had more moneys from Lavillety, as for expences and other extraordinary charges, but I will take my oath, and publiſh to the world, that I am even undone by him, and am worſe in my eſtate and livelyhood by 500. l. then I was when I undertooke that unfortunate voyage, and all long of him, and his Comrade M. Peter Thelwell, Fo. 54. And this Defendant William Rous further ſaith, that after the Complainant arrived at Oſtend aforeſaid this Defendant did ſee openly in the ſtreet of Oſtend, aforeſaid ſix, Fatts of Pot-aſhes of the goods of the ſaid other Defendant John Peacocke, which this Defendant did then acquaint the Complainant of, to the end the Complainant might attach or uſe ſome meanes to obtaine the ſame, but the ſaid Complainant did refuſe ſo to doe, or to ſtir any way about the ſame for the regaining thereof. And therefore and for the reaſons aforeſaid in this Defendants Anſwer ſet forth and declared, this Defendant John Peacock ſaith, that he did cauſe the ſaid Complainant to be arreſted at this the Defendants ſuit in an Action or Actions for or to this Defendants dammage, and the dammages of other the owners aforeſaid 1100. l. or thereabouts. I beſeech you obſerve now one of the principall cauſes of my Arreſt, that I would not attach nor arreſt theſe Pot-aſhes.
Firſt for Rous, he knew full well that no goods there were arreſtable, but ſuch as brought order from the Cheife Governour or Admirallty of Bruxells, which he knew I had not, neither power to releaſe his ſhip, nor any Merchants goods that were arreſted by M. Thelwell, at the ſame time he knew there was brought up a Ship ot Barwicke, laden with Salmon belonging unto31 M. Watſon, his man being then there, laboured by all meanes poſſible, to procure an arreſt to be laid upon the Ship or goods, it could not be done, the goods ſold before his face, and durſt not ſcarce open his mouth, Rous being then preſent, to my knowledge this Ship being taken by one Captaine Hooker, preſently after another taken by Cap. Dorſet comming from the Eaſt Country laden with Pot-aſhes, Hempe, and divers other goods, partly belonging unto M. Amis and M. James Plat dwelling in Leaden-Hall-ſtreet, and M Patrick Smart a Scotchman, wh•ch two came over with Letters of Commendations, had as good friends, if not better then I, came before the goods were taken out of their Ship, ſaw them ſold before their owne eyes, Rous being by and preſent, could they arreſt or hinder the ſale then, nor durſt once ſpeak, neither could they ſcarce have the priviledge to bid for their goods, but if they would buy them, moſt doe at the ſecond hand without any exceptions. I would faine know of Rous and M. Peacock, if a Ship and goods were condemned here by the Admiralty, and ſold either by the Commiſſion or by the intereſted to whom they were judged as Prize, who ſhould or dare arreſt thoſe goods in the parties hands that bought them? I proteſt ſeriouſly, Rous and Peacock, have ſworne ſo to the purpoſe in many things to ſuch impoſſibilities, that I am almoſt afraid, that if I ſhould long conteſt with them, they would ſweare me out of my owne name. Before I end with them, I muſt declare unto you what part or intereſt theſe two owners have in this Ship, which coſt but 2600. gil. each of them one ſixteenth part; Iohn and Ionathan Gibbs each a ſixteenth, which is not 16. l. ſterl. for each of their parts, yet ſome of them have vowed to ſpend ten times more then their parts, but to make me fly my Country. After I had taken out this Anſwer, by much perſwaſions of friends I got another Reference, upon condition, that he ſhould chooſe two men, and I one, which was concluded on. We ſealed Bonds with ſecurity, he made choice of M. Stephen Burton and M. Thomas Browne, two very honeſt men, I had M. Luce, any two of them to conclude. M. Burton and M. Browne met, ſate a great while upon it, M. Luce could not meet at that time, I entreated them for Gods ſake to make an end as they ſhould think fitting, gave them the Account, the Copie of which is here ſet downe. They32 did ſomewhat except againſt ſome things there as too much, I referred ſolely unto them to doe what they pleaſed, ſo I might have an end.
| Gilders. | |||
| For the buying the Ship Barak and Deborah faithfully paid 2600. Gilders, having order to have given as much more. | 2600 | 0 | 0 |
| For ten Hogſheads of Lin-ſeed oyle for the particular accompt of Maſter lohn Peacock, as his pretended goods. | 0470 | 0 | 0 |
| For money paid unto Rous by Lavillety, as by his Accompt. | 0530 | 0 | 0 |
| For money lent the ſaid Rous beſides 50. Gilders, M. John Freeman is to pay more for him | 0018 | 0 | 0 |
| For my expences by M. Peacocks expreſſe order, three times going for Bruxels, following the Law, much extraordinary expences, thrice going from London in 23. weeks. | 1970 | 0 | 0 |
| For my loſſe of time, and extraordinary paines, being out 23. weeks, at 20, 8. per diem. | 1610 | 0 | 0 |
| For my charges, being arreſted by this Iohn Peacock here in London upon two Actions of 1100. l. ſterling, whereas he was much in my debt, to my dammage 50. l. ſterling, a great deale more, being almoſt my utter ruine, at 37. s. is | 0555 | 0 | 0 |
| For Port of Letters from Lond. and other places | 0075 | 0 | 0 |
| 7828 | 0 | 0 |
| Gild. | |||
| For 10. l. received of them at the Antwerp Tavern behind the Exchange according to every mans proportion, as M. Peacock gathered 10. l. ſterl. he having received with his owne proportion much more at 37. s. Flemiſh is | 0111 | 0 | 0 |
| For 300 l. ſterl. drawn upon M. Peacock for to pay for the Ship and his Oyles, he taking every mans ſhare for their parts of the 2600. Gilders, at 37. s. is | 3330 | 0 | 0 |
| 3441 | 0 | 0 | |
| Reſting due to me to ballance — | 4387 | 0 | 0 |
| 7828 | 0 | 0 |
They would not conclude at that time, but referred it to another day that M. Luce might be with them, did ſo. At that meeting they were all three together, and tooke a great deale of pains, being confident that they would have concluded, but by ſome accident or words that Peacock ſpake, M. Burton and M. Browne were unwilling to conclude, but agreed we ſhould ſeale new bonds, and that they ſhould be added unto them. M. Henry Hunt and William Garrroway, M. Peacock promiſed to yeild thereto, the next day I came to the Scrivener that M. Burton appointed, brought my bond ſealed a new. M. Peacock brought his bond, promiſed the like, but referred the time untill the firſt arbitration was out, he then denied to ſeale, ſaying John and Jonathan Gibbs and the reſt of his partners would not agree to any Reference, but would go to Law, and never leave me whiles I was worth a groat. I have ſet down all the Partners, by which all the world may judge whether I am not likely to be well rewarded. The firſt of theſe, Iohn Peacock one ſixteenth, William Rous one ſixteenth, William Peacock one ſixteenth, Peter Sallawins one ſixteenth, Peter Bocles one ſixteenth, Mathias Eyres one ſixteenth, Iohn Freeman one ſixteenth, Iohn White one ſixteenth, Iohn Gibbs one ſixteenth, Ionathan Gibbs one ſixteenth, Daniell Rouſwell one ſixteenth,34 Garton one ſixteenth, Iohn Drew one ſixteenth, Roger Sotherby one ſixteenth, and one 32. Edward Davies one 32. Auron Powell one ſixteenth, was ever man Shipt with ſuch a Medley, ſo many Bre•hren of Amſterdam of all ſorts? God of his mercy deliver me out of their hands.
Fol. 4. he doth ſet forth, that there was ſome diſcourſe betweene him and me concerning the taking upon me to goe to Oſtend for the clearing of the Ship and goods, but doth not ſay, that he gave me any Procuration or Power to doe it, but concluded that I have not regarded my promiſe, but intending to deceive the ſaid Iohn Peacock, nor hath laid out any part of the 300. l. but I have refuſed to doe my endeavours, whereby he is dampnified 600. l. he hath 15. partners beſides himſelf, and hath upon his oath declared that he hath received here in London 1 12.5. Which was for 7 / 16 and the other 9 / 14 without all queſtion he hath received, being lately come from Amſterdam. By which you may plainely perceive in what a miſery he ſeeks to bring me, for if he is damnified 600. l. for his part; the other 15. partners without all doubt will doe the like, in what a caſe ſhall I be in? This is not all, he hath been in Flanders, and hath there given his Procuration unto M. Peter Thelwell, by which he hatn Petitioned the Admiralty of Dunkerke 15. May 1646. By which he deſires the mony in M. Lavillety his hands may be brought into the Court, that he is engaged for me, ſo that they ſue me here, makes large demands. Lavillety he keepes diverſe goods of mine in his hands, there pretending he doth not know how he may be damnified by reaſon of M. Thelwell proceeding. God is my judge, I never received penny of the 300. l. but as any occaſion was for my expences, 1400. Gil. I did cauſe M. Lavillety to pay unto Captaine Fowther as formerly declared, there is by ballance of my account 4387. Gild comming unto me, and truly I think in modeſty no indifferent man will allow me leſſe then what I put to account. For my loſſe of time, and the daily danger I was in, whoſoever would give me the ſame employment, and engage himſelfe for ſeven yeeres to give me more, I take God to witneſſe I would not undertake it. Miſter Peacock hath not only by his fraudulent oppreſſion ſought my ruine, but uſed all meanes, as much as poſſible in him lay, to defame and to make me odious to all the world, as by procuring35 Atteſtations to take away my life, by complying not onely with M. Thelwell the Parliaments Agent, but with M. Hambleton the Queenes Agent: Whereby there is Atteſtation, as he hath told me, wherein it will be made appeare, that I did there ſpeak ill words againſt the Honourable Parliament. I could willingly wiſh, that any of them were here to juſtifie the words. Nay that is not all, but he did write over, which was publiſhed by Iohn and Ionathan Gibbs, that I played away a great deale of money at Dice, ſlung handfulls of Piſtols at a time, ſaying, Hang it, let it go, it is Roundheads money.
I have lately entreated M. Peacock to make an end of our buſineſſe, offering him that I will be contented to refer it to M. Stephen Burton or M. Browne, that were formerly his good men, or any other honeſt Merchan•whom he pleaſed. He proteſteth unto me, that he hath wrote to his Partners in Amſterdam, ſo ſoone as hee ſhall heare from them he will reſolve. For my part I am reſolved, if by any poſſible meanes, I will not goe to Law with them. I am told, there is now a Committee for Oppreſſion and Extortion, I will fly thither as faſt as I can; if there be none, it is great pity, there was never more need. I am ſure I can hardly write good Engliſh, but will conclude in Latine,
I Have uſed all poſſible endeavours to have my Vindication read before the Honourable Committee, but by reaſon the multiplycity of their great affaires, and their ſeldome ſ•tting cannot yet be effected, but I am very confident will very ſuddenly; In the interim I thought good to Paraphraſe upon M. Peacocks Remonſtrance, whereby the world may judge of his malicious intent againſt me: firſt concerning the breaking open of Doctor Walkers Letter, it was upon this occaſion, comming to Dover, and having no Paſport, I went to M. Ginnaber the Cl•rke of the Paſſes to have one as formerly accuſtomed, for I am certaine I had paſſed twenty times in the like manner, but M. Ginnaber told me, that there was an Order of Parliament that none muſt paſſe without Order from the Houſes of Parliament or from the Cuſtome houſe of London; I ſtood amazed, the Packet boate goeing away that night, I broke up the Worſhipfull Giles Greene his Letter in the preſence of the ſaid M. Ginnaber and M. Ratcliffe being M. Rookes his man the ſearcher, howſoever they would not ſuffer me to paſſe: being aboard, the foreſaid Ratcliffe commanded me aſhore, and the boate went away; being three houres at Sea, by contrary winds forced back, the next day I went to the Major of Dover, told him the occaſion of what concernment it was to divers Merchants, ſhewed him the Letter to Doctor Walker, he being a very honeſt Gentleman, and knowing of me well did procure that I had a Paſport and went away that night, the next day we arrived at Oſtend, where I wrote unto Doctor Walker the ſame day and ſent his Letter, as by the Date of mine will appeare, if Doctor Walker will be pleaſed to produce it, as he hath faithfully promiſed to doe. In November laſt, before the Honourable Committee in the preſence of Doctor Walker and Peacock, I did ſatisfie their honours concerning the breaking open of the Letter, whereas he moſt falſly alleadgeth, that I was to repaire to Doctor Walker,37 and follow his advice, whereas before I went, I declared my ſelfe, that I would not goe to Doctor Walker, nor entertaine any ſuites of Law, neither would I ſtay above 5. or 6. dayes as I can juſtifie by many Witneſſes.
The ſecond materiall thing that he alleadgeth againſt me, that for the ſpace of three Moneths or thereabouts I continued in a deboiſt and impious manner of drinking and Rioting with the ſaid Fowther, and other Pyraticall Commanders and Sea-men at Oſtend. Unto which I anſwer, that for the time I was at Oſtend, after the firſt foure or five dayes that I had diſpatcht my buſineſſe ſo much as poſſible I could doe, I never after kept the ſaid Fowther or any other of that Pyraticall crew company, neither indeed durſt; for it is well knowne to M. George Blage, M. Henry Battin, Julian Wills, three Maſters of Ships that belonged to the Merchants of London, that were at the ſame preſent at Oſtend the continuall danger I was and went in, that I was ſo farre from keeping them company, that I durſt not come where any of them were; nay I durſt not walke in the ſtreets, for I was adviſed by the ſaid Shippers and divers others well effected that they had vowed my death, and ſwore they would cut me in pieces, having way-laid me betweene Oſtend and Pl. Where I had certainly ended my dayes, and Peacocks Commiſſion, but by the ſaid honeſt Shippers timely advice: which being prevented, foure or five of thoſe blood-ſucking fellowes came upon the Market place, aſſaulted me, would have pulled me off from that place, calling of me Parliament dog, ſwearing moſt fearfully they would be the death of me: and had not thoſe Shippers with divers others well affected been by, and preſently got me out of their handling, certainly they would have murthered me. For my Rioting, I appeale to thoſe Shippers, of whom for the moſt part whilſt I was there I had my dyet aboard their Ships, and ſeldome or never was out of their company, neither did ever keep company with any of the Captaines or Sea-men, if I could any way have prevented it, that were againſt the Parl. I never had any great deſire to ſtay long at 0ſtend, neither doe I think ſpent in all a month there, but was at Bruxels & other places. Whereas Peacock further ſetteth forth, that I did publiquely calumniate the Parliament with vile and reproachfull language, as by the Atteſtations appeareth; I have38 the Copies of them. Firſt, for William Humbleton, he is the Queenes Agent, a mortall enemie to the Parliament, one that lately changed his Religion from a Proteſtant to a Papiſt. He is the onely Treaſurer for the Captaines, and the man that hath diſpoſing of Letters of Mart againſt the Parliament, Ten pounds is his price, and doth ſell them as the Popes Nuntio doth his Pardons. I muſt entreat you to take notice, that this Atteſtator is the onely ſharer with M. Thelwell, ſo well in the Merchants money, as in divers other goods, as will be proved, they were fellow ſervants together to M. Charles LLoid, and very much of a condition; For M. Thomas Wherry he is M. Humbletons Goſſip, and one that is as a Broker betwixt them if they do not agree upon their diviſion. Indeed his Atteſtation is very modeſt, only apt to miſtake, for he ſaith, that I ſhould in generall words ſay, that they were all Rebels and Rogues together. Now he doth in a manner inferre, that I ſhould meane the King and Parliament, whereas in truth if I ſpake any ſuch thing, I meant really M. Thelwell and Humbleton. There is a Letter likewiſe produced dated the one and twentieth day of October, 1645. wrote to M. Thelwell, but I have no hand to it, it is wrote by Proxie, that he had the report of Gills or Gillam that I ſhould ſpeak Traiterous words againſt the Parliament, and adviſed him that he ſhould preſently write unto the Parliament, but never made knowne nor declared before the 2. of July 1646. There is an Affidavit likewiſe made by one Sinckler, but that is not concerning any Traiterous proceedings againſt the Parliament, but of ſome miſdemeanours againſt M. Peacock, as ſome words that Doctor Walker ſhould tell him, which Doctor Walker hath ſince denyed, as likewiſe I might have arreſted Peacocks Sop•- aſhes, he might as well have ſworne I might have brought them home in my pocket, God forgive them. M. Peacock further ſaith, and in particular ſome worthy Members of the Honourable Houſe of Commons, as will be proved. I ſhall uſe all poſſible indeavour to preſſe that Honourable Committee, that he may bring forth his proofes. Whereas M. Peacock ſaith, that I hindred Fowther from being arreſted, which is moſt falſe, that by my company keeping with him, and my foule carriage, did much prejudice to the publique affaires of the State. Concerning my carriage whilſt I was there, and my well-affectedneſſe to the39 State, I appeale unto three Letters wrote unto an Honourable Member of the Houſe of Commons, and one of the Honourable Committee of the Admiralty and Cinque-ports, wherein this my Vindication I truſt will be tryed, the Copie of which Letters I have by me, bearing date the ſecond, ninth, and two and twentieth of October, a Letter written to M. P. Jones, M. Tho: Britewell, and M. Samuel Langham, Common-Councell men of this City; at likewiſe a Letter wrote unto the Worſhipfull Captain Richard Crainlay one of the Commiſſioners for the Navy, all which I have Copies of. If it be Treaſon to the State to ſpend his labour, pains, and charges to the uttermoſt of his power to give advice of what paſſed any wayes to the prejudice of the State, to runne divers hazards in being at the charges of ſending well-affected Seamen as Spies to Newport, where then lay the Earle of Antrim, having two Ships ready to goe to Sea laden with Armes againſt the Parliament, giving them directions what they ſhould do, and money to beare their charges, the one of them was George Blags man, and the other James Sinckler, beſides divers times I went my ſelf, and if this be Treaſon, then I confeſſe I am a Traitor.
Thus farre he hath accuſed me Criminally as a Traitor to the State, for which I ſhal moſt humbly crave a faire Tryall, the rather in that it is his humble prayer I may be convented before that Honourable Committee, but in caſe that their Honours ſhall not have leiſure to examine it, that they would tranſmit it to a Councel of Warre, where I will expect no favour, but the moſt extremity according to my deſerts. M. Peacock hath nor onely deſired my exemplary puniſhment, but hath moſt cunningly and maliciouſly, publikely and privately declared upon the Exchange and other places, that I had cheated him of many hundred pounds, and hath endeavoured to alienate thoſe that are my friends, (ſuch that I got my livelyhood by) to be my enemies, averring ſuch untruth unto them, that I think hardly can be paralleld. I will onely inſtance in one or two. The Wor•Guinne Company having, notice of my going imployed me to recover or buy ſome goods that they had taken in the ſame Ship, which did. At my comming home they gave me thanks, and 30. l. for a gratuity, yet ſuch hath been the malice of this Peacock, that he hath poſſeſſed ſome of them, that M. L•…villety and I ſeek to coz•n them, and doth labour by40 all meanes, that they ſhould take the Procurations out of my hands, and give one unto M. Thelwell, whereby the mony owing by any of us may be put into the Magiſtrates hands. I hope theſe Gentlemen will be wiſer, and deſire the money which is behind may be paid into their owne hands, if that it may be, there ſhall want no furtherance of mine. If M. Peacock were not better experienced in his trade for Amſterdam then in the Lawes of Flanders concerning depoſiting of moneys, he had never got ſo much money by Raizens as he is now like to doe. I was deſired by M. George Hadley, and M. Samuel Chaplin, two worthy Gentlemen, Grocers of London who had in the ſaid Ship 500. Peeces of Raizens, to recover or buy them as I ſhould think fit; before I came, they were bought by one Adram Van Toore a Merchant of Oſtend, of whom afterwards ſo many as were left, I bought, and preſently ſhipt them in Julian Wills, drew 200. l. upon them, they paid the money, there was more disburſed by me, yet this M. Peacock did labour by all meanes, perſwaded them that I had cozened them, and had not paid any moneys; I was forced to ſend for Atteſtations, Acquittances, and ſo ſatisfied theſe Gentlemen, that they paid me all the money that I had truly disburſed, but for my labour and paines I could expect none, their loſſe was ſo great, for the Raizens lay 22. weeks a Ship-board for want of a Convoy, that they were not worth a fourth part of what they coſt. If M. Peacock could doe theſe Gentlemen that favour, as to prevaile with his friend M. Thelwell, that the moneys that he arreſted by vertue of D. Walkers Procurations, for the uſe of the Proprietors, in the hands of Van Toore may not be embezeled and ſhared, as M. Lincoberks Beaver Wool, and M. Graftons Braſſe hath lately been, for it belongeth unto them.
I will only inſtance one more of his cunning tricks, he perſwaded M. James Sotherby to make an Affidavit which I did once ſee, and doe declare that what he ſwore was truth, and was extreamly for M. Peacocks turne, for he ſwore, that I was to have 3. l. per. cent. for what goods I bought at Oſtend, but did not declare the other conditions, that if the goods were ſold before I came, and that I did not ſtay above 5. or 6. dayes, and I would undertake no Law ſuits upon any termes. Let M. Sotherby be pleaſed to goe before my Lord Major or any Maſter of Chancery,41 and make Oath, that this I did not ſay before my going over, I will give him what ſatisfaction he ſhall deſire.
I will now conclude, wiſhing good ſucceſſe to the endeavours of M. Thelwell and M. Peacock, ſo that they may extend to the good of the Proprietours, and that they may have better ſucceſſe then many formerly have had. I have knowne thoſe Countryes above theſe twenty yeares, and never yet knew any got by going to Law, if he could make any reaſonable agreement. I will inſtance in one Paſſage, of late M. Thomas Horth a Merchant of Yarmouth that had a Ship of Oyles taken and carryed to Dunkerke worth 1500. l. M. Horth uſed ſuch dilligence, that he got the Oyles to be ſequeſtred, ſold, and the monies to be depoſited, they were ſold betweene 6. or 7000. gilders, and then to Law he went, after two or three yeares he obtained his ſuit, had Order to receive his money, but the partie in whoſe hands it was, demanded 500. gilders for keeping of it; I heard M. Horth proteſt that it had been farre better for him, that the Ship at firſt had been ſunke, for it coſt him more in charges and loſſe of time then ever he recovered. I could inſtance in divers other neerer home, but I will not trouble your patience any further, only craving your favourable opinion, that you will not be a partiall Reader, but to weigh what I have here writ in an equall ballance, eſpecially you that are intereſſed, and have lent your aſſiſtance and monies unto M. Peacock to be imployed in Law, and have upon his reports alienated your affection from me. Judge charitably and marke the event, I will not, fail you, but what my intelligence can produce any wayes for prevention of prejudice to any of you, be confident I will truly adviſe. I would have none deſpaire, but that you may have your goods, for I aſſure you there is great hopes, and the times have proved very fitting and ſeaſonable to that purpoſe, yet doe not too much preſume, God of his mercy ſend all to the beſt, and to your contents.
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