<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>8-30-12</DATE>
<RESPSTMT>
<NAME>John Latta</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Added TEMPHEAD, checked ID, and added TYPEs to DIVs in order to validate. Proofed title page. Checked ^s. Reviewed structure; restructured throughout. Checked placement and completeness of PBs. Checked for damage GAPs, #s, @s, --s, and UNCLEARs. Corrected [dollars]s. Checked spacing of foreign GAPs. Checked for EPIGRAPHs and ARGUMENTs. Checked for startqs, endqs, abq's, oes, qs, Ae's, and Qs. Checked proofsheets and made corrections. Checked I / J and U / V. Checked for CLOSERs, OPENERs, SIGNEDs, SALUTEs, TRAILERs, and BYLINEs. Sample: 2 minutes. Proofing: 10 minutes. Tag review and corrections: 10 minutes. DONE.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A82011">
<STC T="W">D468A</STC>
<STC T="T">E510_10</STC>
<BIBNO T="umi">99864942</BIBNO>
<VID>117175</VID>
</IDG>
<TEXT LANG="eng lat">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE MODEST VINDICATION OF <HI>JOHN DAY</HI> of LONDON, MERCHANT: Vnto an invective, fal&s;e, and &s;candalous Remon&s;trance, pre&s;ented the 2. of July, 1646. Unto the Right Honourable the Committee of Lords and Com|mons for the Admiralty and Cinque-Ports.</P>
<P><HI>By</HI> JOHN DAY.</P>
<P><FIGURE>
<FIGDESC>peacock</FIGDESC>
</FIGURE></P>
<P><HI>LONDON,</HI> Printed in the Yeere, <HI>MDCXLVI.</HI></P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="treatise">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>The mode&s;t VINDICATION of <HI>JOHN DAY</HI> of LONDON, <HI>Merchant.</HI></HEAD>
<P>_HAving lately &s;eene a Remon&s;trance pre|&s;ented by <HI>John Peacock,</HI> at pre&s;ent living in S. <HI>Nicholas</HI> lane, unto the Right Hono|rable the Committee of Lords and Com|mons for the Admiralty and Cinque Ports, having got a Copy thereof, as likewi&s;e of his Atte&s;tations; which &s;eriou&s;ly peru&s;ing, I conceived it &s;o fal&s;e and &s;candalous, that I fully re&s;olved to put forth this my Vindication in print, with a true and full narration of all the pa&s;&s;ages of my negotiation in his and other mens bu&s;ine&s;&s;e, both here and beyond the &s;eas, as like|wi&s;e his unju&s;t proceedings again&s;t me &s;ince my returne, which I will leave to the judgement of the Reader. Fir&s;t, I will &s;et downe the Remon&s;trance truly copyed, delivered <HI>July</HI> 2. 1646.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Right Honourable, the Committee of Lords and Commons for the Admiralty and Cinque-Ports. The humble Remon&s;trance of <HI>John Peacock</HI> of London, Merchant, on the behalfe of him&s;elfe and divers other Merchants trading to <HI>Flanders.</HI></HEAD>
<P>SHEWETH,</P>
<P>THat your Petitioners having a Ship called the <HI>Barak</HI> and <HI>De|borah,</HI> bound from Am&s;terdam to London, laden with Mer|chants good to the value of 10000. l. was in <HI>Iune</HI> 1645. by one
<PB N="2" REF="3"> <HI>Fowder,</HI> Captaine of a Kings man of Waare, taken and carryed in|to O&s;tend; whereupon your Petitioners gave Procuration to <HI>John Day</HI> Broker to repaire to Flanders, and there pro&s;ecute Re|&s;tauration of the &s;aid Ship and goods, and to that end obtained a Letter from Ma&s;ter <HI>Greene</HI> to Doctor <HI>Walker,</HI> then Agent extra|ordinary for the Parliament in Flanders, unto whom he was to apply him&s;elfe, and receive and follow his advice. But the &s;aid <HI>Day</HI> contrary to your Petitioners Order repaired not to Doctor <HI>Walker</HI> till two moneths after his arrivall in <HI>Flanders,</HI> but brake open the &s;aid Letter, and made u&s;e thereof to his owne ends, to the great prejudice of your Petitioners, who entru&s;ted him in that employment.</P>
<P>That the &s;aid <HI>Day</HI> for the &s;pace of three moneths or thereabouts continued in a debauch'd and impious manner of drinking &amp; ryo|ting with the &s;aid <HI>Fowder</HI> and other Pyraticall Commanders and Seamen then at O&s;tend, publiquely calumniating the Parliamant with vile and reproachfull language, as by the Atte&s;tations an|nexed appeareth; and in particular, &s;ome worthy Members of the Honourable Hou&s;e of Commons, as will be proved.</P>
<P>That the &s;aid <HI>Day</HI> contrary to the tru&s;t repo&s;ed in him, dealt mo&s;t injuriou&s;ly with your Petitioners, as appeareth by two At|te&s;tations hereunto annexed; And in&s;tead of rendring of a ju&s;t accompt of his proceedings as was expected from him at his comming into <HI>England,</HI> preferred a vexatious Bill in Chancery again&s;t your Petitioner <HI>Peacock</HI> and the Ma&s;ter of the Ship, where it &s;till remaines.</P>
<P>That the &s;aid <HI>Day</HI> by his keeping company with the Malignant party, and deceitfully complying with them contrary to the tru&s;t repo&s;ed in him, and by his foule carriage there, was not only a meanes to keepe the &s;aid <HI>Fowder</HI> from having the Arrea&s;t awar|ded by the Privy Councell laid upon him, but did al&s;o much pre|judice the publique affaires of the State, and retarded and di&s;tur|bed the proceedings, to the great Encouragement of tho&s;e pirates and Malignant party, &s;candall of the Parliament, ob&s;truction of Trade, hinderance of the Cu&s;tomes, and griefe and lo&s;&s;e of the petitioners and other well-affected.</P>
<PB N="3" REF="3">
<P>Now fora&s;much as the premi&s;&s;es are not only Damageable to the Petitioners in their private intere&s;t, but doe containe mat|ter of State and are of much publique concernment for the Advance of trade at home, and removing all mi&s;under&s;tand|ings abroad, to have the &s;aid <HI>Day</HI> that hath been &s;o &s;candal|ou&s;ly Malapert in his Language again&s;t the Parliament, and deceitfully fal&s;e in his tru&s;t, and treacherous to the publique, to be made exemplary in his puni&s;hment, that others may be deterred from the like hereafter.</P>
<CLOSER>The Petitioners humbly pray, that the &s;aid <HI>Day</HI> may be convented before his honourable Committee, And the premi&s;&s;es apearing to be true, that he may not only be or|dered to give the petitioners &s;atisfaction for their da|mages, but have open puni&s;hment inflicted on him ac|cording to Ju&s;tice.</CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which I pre&s;ently put in a Vindication, the which I have likewi&s;e &s;et downe being delivered the 9. of <HI>July.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="Petition">
<OPENER>To the Right Honourable, the Committee of Lords and Commons for the Admiralty and Cinque-ports.</OPENER>
<HEAD>The humble Vindication of <HI>John Day</HI> of London, Merchant, unto a mo&s;t fal&s;e and &s;candalous Remon&s;trance of <HI>John Peacock</HI> the &s;econd of <HI>July, 1646.</HI></HEAD>
<P>SHEWING,</P>
<P>THat your petitioner did goe over unto O&s;tend at the entrea|ty of the &s;aid <HI>Peacock</HI> and diver&s;e other Merchants, as in his Remon&s;trance is expre&s;&s;ed, and there did them faithfull &s;ervice to the uttermo&s;t of his indeavours.</P>
<P>That it may &s;o appeare to this honourable Committee, it is mo&s;t humbly prayed, that in regard of your great affaires your Honours would be plea&s;ed to referre the examinations thereof unto any two Merchants whom your Honours &s;hall think fit, or the petiti|oner is content that the &s;aid <HI>Peacock</HI> &s;hal make choice of any two Merchants, whereby they may examine the truth of the Bu&s;ines and &s;o report unto your Honours.</P>
<P>That in the Remon&s;trance he &s;etteth forth diver&s;e &s;candalous
<PB N="4" REF="4"> truths, producing of atte&s;tations, which if &s;hould be really Truth, I confe&s;&s;e I de&s;erve death; whereas in his prayer he de&s;ireth your petitioner might be convented before this Honorable Committee, And the premi&s;&s;es appearing to be true, that your petitioner may have open puni&s;hment according to Ju&s;tice, All which is mo&s;t heartily de&s;ired of your Petitioner, That if this Honourable Com|mittee &s;hall thinke fit, That the Examination of the&s;e Atte&s;tati|ons, the Conditions and Qualities of the per&s;ons of the Atte&s;ta|tors, may be examined by &s;ome indifferent men, as your Ho|&s;hall think fitting.</P>
<P>Your Petitioner humbly prayeth, that the &s;aid <HI>Peacock</HI> may forthwith declare what other Merchants are complainers again&s;t your petitioner be&s;ides him&s;elfe, no mans hand to the Remon&s;trance but his owne, and that this may be with all expedition effected, the rather, in that your Petitioner hath great imployments, as the &s;ole printing of the Bills of Prices, to the advance of Trade, encrea&s;e of Cu&s;tome, great benefit to the Merchants in generall, to the Honour of the Citie, and to the profit of the State many thou&s;and pounds <HI>Per annum,</HI> which your Petitioner cannot proceed in, untill this vexatious bu&s;ine&s;&s;e be ended, the &s;aid <HI>Peacock</HI> being many hundered pounds in your petiti|oners debt, and &s;eeketh to pay your petitioner with fal&s;e &s;can|dalls and vexatious &s;uits, as having arrea&s;ted your petitioner in Eleven hundred pounds Action, which is &s;till depending in the Common-Pleas</P>
<CLOSER>And your Petitioner &s;hall pray, &amp;c.</CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>About the 27. of <HI>June,</HI> 1645. I was de&s;ired by M. <HI>Peacock</HI> and &s;ome others intere&s;&s;ed in a Ship taken comming from <HI>Am&s;terdam</HI> bound for <HI>London,</HI> by one Captaine <HI>Francis Fowther</HI> that went to Sea with the Kings Commi&s;&s;ion, and brought up to <HI>O&s;tend;</HI> I had no great mind to goe, but at their earne&s;t importunity, and by vertue of the Procuration, dated the 27. of <HI>June,</HI> which Procu|ration followeth in the&s;e words: <HI>viz.</HI></P>
<Q><PB N="5" REF="4">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<P><HI>ON this day, the 27. day of the month of</HI> June, <HI>in the yeere 1645. &s;tyle of</HI> England, <HI>before me</HI> Abraham der Kinder <HI>Notary and Tubellion publique dwelling in this City of</HI> London, <HI>by the authority of the Kings mo&s;t excellent Ma|je&s;ty of Great Britaine, admitted and &s;worne, and in the pre|&s;ence of the under-written witne&s;&s;es per&s;onally appeared</HI> John Peacock, George Coney, Richard Streater, John Free|man, William Carter, Ralph Grafton, James Sotheby, Matthias Eyre, John Gibbs, <HI>and</HI> Robert Hammon. <HI>all Merchants and inhabitants in this city of</HI> London <HI>afore&s;aid; The which &s;aid Appearers joyntly and every of them &s;everally have authorized and con&s;tituted even as they doe authorize and con&s;titute by the&s;e pre&s;ents,</HI> John Day, John Hadg&s;hon, <HI>and</HI> Robert Jefferey, <HI>all three Merchants, re&s;iding here in this City of</HI> London, <HI>being pre&s;ent, and taking upon them the charge of this procuration; Giving and granting unto them and every of them &s;everally, full power and authority, and &s;peciall Command, for and in the names of them, Con&s;ti|tuants, and every of them to claime, aske, demand, recover and receive out of the hands of what&s;oever per&s;on or per&s;ons where&s;oever they are or &s;hall be found, all &s;uch goods, wares, merchandizes, and other things what&s;oever, as they con&s;ti|tuants and every of them joyntly and &s;everally are to have, and unto them are belonging and appertaining, the which were laden in the months of May and June la&s;t at</HI> Am&s;terdam <HI>in</HI> Holland <HI>for this port of</HI> London, <HI>aboard the ship called the</HI> Barak <HI>and</HI> Deborah <HI>of</HI> London, <HI>Mr.</HI> William Rous, <HI>and afterwards taken in Sea by Captaine</HI> <GAP DESC="blank"> <HI>by him brought into</HI> O&s;tend <HI>in</HI> Flanders, <HI>of their Receipts to Pa&s;&s;e Acquittances in due forme, and in the whole to pa&s;&s;e all &s;uch acts; in&s;truments and notes as there unto &s;hall be needfull and requi&s;ite; And (if need be) to pro&s;ecute the Recovery of
<PB N="6" REF="5"> the premi&s;&s;es before all Lords and Magi&s;trates again&s;t whom and for what occa&s;ion the &s;ame may be, to agree, compound, &amp;c. And further (aswell in Law as without) to agitate doe and leave undone as in and concerning the premi&s;&s;es &s;hall be need|full and required; And as they Con&s;tituants might or could doe, if they were per&s;onally pre&s;ent, with power to &s;ub&s;titute one or more Attorneys in their &s;teads, And they Con&s;tituants and every of them afore&s;aid doe promi&s;e to hold for good firme and of value all and what&s;oever by their &s;aid Attorneys and every of them and their &s;ub&s;titutes &s;hall be done and procured in the premi&s;&s;es; To &s;tand to the Law and performe what &s;hall be adjudged (if need be)</HI> &s;alvo &s;ibi in omnibus ju&s;to com|puto inde reddendo. </P>
<CLOSER><DATELINE>Thus done and pa&s;&s;ed in this Citty of London in the pre&s;ence of <HI>Hillary A&s;hton</HI> and <HI>Edmund Webberley</HI> as witne&s;&s;es hereunto called. And they Con&s;ti|tuants have here &s;ub&s;cribed with the &s;aid Witne&s;&s;es; were &s;ub|&s;cribed</DATELINE>
<SIGNED><HI>John Peacock, Ralph Grafton, Richard Sedge|wicke,</HI> Factor to <HI>Mathias Eyre, John Gibbs, Hillary A&s;hton, Edmund Webberley.</HI></SIGNED>
<POSTSCRIPT>
<P><HI>Haec prae&s;ens Tran&s;latio concordat &s;ub&s;tantial. cum &s;ue originali.</HI></P>
<CLOSER><SIGNED>Ita atte&s;tor, Abraham der Kinder <HI>Notar. Public.</HI></SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>By which you may perceive the power given mee, and at the &s;ame time received from <HI>Peacock,</HI> his in&s;tructions truly here &s;et downe directions under his owne hand writing by him confe&s;&s;ed before M. <HI>Stephen Burton,</HI> M. <HI>Thomas Browne,</HI> M. <HI>Lu|cas Luce,</HI> all knowne Merchants and honest men, being our Arbi|trators, as hereafter &s;hall more appear, <HI>viz.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="document">
<HEAD>Directions how to buy in the goods of <HI>John Peacock,</HI> in ca&s;e you cannot recover them.</HEAD>
<OPENER><DATELINE>London <DATE>this 27. of June, 1645.</DATE></DATELINE></OPENER>
<PB N="7" REF="5">
<P> The Pot-a&s;hes 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. <NOTE PLACE="marg">4 KP.</NOTE></P>
<P>The Oyle at 30. gl. or 35. gl. or 40. gl. or rather then faile 50. gl. <HI>per</HI> Hog&s;head: or if they will &s;ell by the Ame at 25. gl. or 26. gl. or 27. gl. or 28. gl. or 30. gl.<HI>per</HI> Ame. <NOTE PLACE="marg">4 KP.</NOTE></P>
<P>The Molla&s;&s;es at 120. gl. per tunne, or 125. gl. per tunne, or 130. gl. per tunne, <NOTE PLACE="marg">4 KP.</NOTE> or 140. gl. per tunne, or 150. gl. per tunne. The ten Hog&s;heads and the little Barrell makes two tunnes and an halfe, or it the utmo&s;t 7. gl. 10. &s;t. per C.</P>
<P>A Fat of Wire the Ring at 20. &s;t. 30. &s;t. or 40. &s;t. or the whole Fatt 320. gl. or rather then faile at 350. gl. or if they will &s;ell it by the C. at 20. gl. or 30. gl. or 40. gl. per C. <NOTE PLACE="marg">No. Pl. 15.</NOTE></P>
<P>This Fat of Wire at the &s;ame prices and conditions. <NOTE PLACE="marg">No. Pl. 15.</NOTE></P>
<P>The bigge&s;t bundell of &s;mall Wiers at 20. &s;t. per Ring, or 30. &s;t. or 36. &s;t. 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.</P>
<P>The le&s;&s;er bundle of loo&s;e Wyer &s;mall, 20. &s;t. 30. &s;t. or 34. &s;t. per Ring. or 60. or 70. gl. the whole bundle, and as the former bun|dle by the C.</P>
<P>A Fatt of Iron Wier at 30. gl. or 40. gl. or 50. gl. per C. or the like by the pound.<NOTE PLACE="marg">4 No. KP. 6.</NOTE></P>
<P>Foure Bundles of loo&s;e Wier at 12. gl. or 13. gl. or 14. gl. per C.</P>
<P>The Fatt of Iron Wier at 20. &s;t. or 40. &s;t. per Ring, or 20. or 30. gl. or 40. gl. per C. <NOTE PLACE="marg">4 No. KP. 5.</NOTE></P>
<P>Ten Hog&s;heads of Brim&s;tome at 8. 9. or 10. gl. per C. <NOTE PLACE="marg">4 No. KP. 6. 11. 4. 9. 1. 26. 22. 21. 5. 2.</NOTE></P>
<P>The Goat-skins at 7. gl. or 8. gl. per Dicker, that is, every ten skins.</P>
<P>And claime the Ship for me <HI>John Peacock,</HI> and <HI>John Free|man,</HI> and buy it at 300. l. or 350. l. or 400. l. with her Rigging, and all other Tackle.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>After my arrivall there in that place, I enquired what goods were un&s;old, what and unto whom &s;old, I u&s;ed all po&s;&s;ible en|deavours to buy tho&s;e that were un&s;old, applying my &s;elfe to die &s;aid Captaine <HI>Francis Fowther,</HI> and did &s;o temporize with him, that I bought the Ship, and mo&s;t part of the goods that were
<PB N="8" REF="6"> un&s;old: And afterwards I went to Ma&s;ter <HI>Iohn de Lavillety,</HI> who had bought mo&s;t part of M. <HI>Peacocks</HI> goods, told him, I came from the Proprietors to challenge the goods, I under&s;tood he had bought great &s;tore of them, de&s;ired 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 mo&s;t part he had &s;ent away; for what was in his hands he would advi&s;e them, and u&s;e his endeavours to per|&s;wade them unto rea&s;onable profit. I am per&s;waded, had I come one week before, I had bought all the goods for le&s;&s;e then one third part of what they co&s;t. I went to advi&s;e, whether there was no cour&s;e to be taken to arre&s;t the Ship and Goods, and was infor|med there was none: how&s;oever I would very faine have tryed. For within three dayes after my comming, I did &s;ee a Fatt of Kettles going aboard of a Billander for Bridges, pre&s;ently went to the Bailiffe of the Towne, de&s;ired him to lay an Arre&s;t up|on it, promi&s;ing him, he &s;hould be well contented; but he told me he dur&s;t not: then I offered him 100. gil. With that he went with me to the Burgo-ma&s;ter <HI>Eggel&s;ton,</HI> who was Deputy for the Admiralytite of <HI>Dunkerke,</HI> &s;hewed him my Procurations, told him I was &s;ent over expre&s;ly in the behalfe of the Proprie|tors: he an&s;wered me very mildly, that the Ship and Goods were condemned at <HI>Dunkerke</HI> for Prize, and that that Towne was &s;ub|ordinate to the Admiralty Court of <HI>Dunkerke,</HI> they had no po|wer to di&s;obey their Commands, and indeed he &s;aid dur&s;t not: it was not onely the lo&s;&s;e of the place, but &s;omething el&s;e. I de&s;ired him to advi&s;e mee what I had be&s;t to doe; he told mee there was no other way but to goe to <HI>Bruxels</HI> 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 &s;ame day I arrived, I advi&s;ed <HI>Peacock</HI> him&s;elfe, as likewi&s;e the 10. of July and the 5. the An&s;wer of which was dated here the 11. of July, which Letter will be very materiall to be in&s;erted, and hereafter followeth in the&s;e Words.</P>
<LETTER LANG="eng">
<PB N="9" REF="6">
<OPENER><DATELINE>Luis Deo. London <DATE>this 11. July, 1645.</DATE></DATELINE></OPENER>
<P><HI>LOving friend M.</HI> John Day, <HI>Salut. Yours of the 30. of</HI> June primo Julii <HI>and</HI> 5. Ditlo <HI>I have received, and &s;ee you have drawn upon me 300. l. upon three daies &s;ight. I have acccepted your Bills, and I will &s;ee to pay them. I hope you have bought more of my goods, I wonder things &s;hould be gone &s;o &s;uddenly. And if the Captaine could be got out of</HI> O&s;tend <HI>in any other Towne, &s;ure Law would take place. Pray be warie and not buy the Goat-skins too deare, for I feare they be &s;poyled 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 arre&s;t them. At</HI> O&s;tend <HI>they are Rogues altogether, &s;ee if the Brim&s;tone be to be had, and buy it, for I need it. If you cannot have all, buy the&s;e</HI> 4. <HI>Hogs-heads; &s;eem to make no choice, but choo&s;e the&s;e</HI> 4. Nomb. 4. 6. 9. 11. <HI>And though you give</HI> 12 <HI>gl. per C. If you have not bought the Goat-skins buy them not higher them</HI> 12. <HI>&s;t. per skin. I cannot under&s;tand what you have bought the Lin-&s;eed Oile for. It may be &s;ome of them are leeked out, and &s;o 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 &s;o ha&s;ty to come home, but goe to</HI> Walker <HI>and informe him, and heare what advi&s;e he will give you and us to helpe our &s;elves, for to loo&s;e our goods in a friends Countrie, this fa&s;hion is very ab&s;urd. You write me in your letter that you have drawne</HI> 300. l. <HI>at u&s;ance and</HI> 8.<HI>dayes. But your Bills are at</HI> 3. <HI>dayes &s;ight, and you never, write to any one at what price you have drawne, a&s;|&s;ure your &s;elfe we know the price how the cour&s;e goeth. M.</HI> Hud&s;on <HI>writes you have bought in the Lin-&s;eede Oyle at</HI> 50.<HI>gl. per the hh. If you have, it is above my Order. I hope to &s;ee you have gone under Order, but not above. By all meanes &s;ee 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</HI> London <HI>let be Laden for</HI> London. <HI>And let the Ma&s;ters Mate bring the &s;hip over, if they will not &s;uffer the Ma&s;ter 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 pa&s;&s;e not to be mole&s;ted by any now. But how&s;oever there is no coming with|out
<GAP DESC="duplicate" EXTENT="1 page"><PB N="8" REF="7">
<GAP DESC="duplicate" EXTENT="1 page"><PB N="9" REF="7">
<PB N="10" REF="8"> Convoy in re&s;pect of the French; Therefore let them &s;tay &s;o Convoy if you doe mean us any good. Pray fraight out &s;hip off and when &s;he is full whom you plea&s;e: I have &s;poke about the Bever wooll, this was exceedingly cladded together, if it be &s;o cladded, it is not worth above</HI> 10. s. <HI>if as good as this and not cladded.</HI> 15. 16. 17. 18. s. <HI>per</HI> l. <HI>And for S.</HI> Michaels <HI>Woad, M.</HI> Ram&s;ey <HI>&s;aith, that it is worth from</HI> 6. s. to 12. s. <HI>the</HI> 100. <HI>You know the goodne&s;&s;e, he &s;aith, if but mean, I heare it will yeild</HI> 7. <HI>or</HI> 8. s. <HI>not el&s;e. Pray give M.</HI> Lavillety <HI>Bills uppon S.</HI> Daniel Le Brum <HI>of</HI> Antwerpe <HI>for his</HI> 300. l. <HI>or what more you &s;hall neede for my account, and &s;o &s;end me a note from M.</HI> Lavilletty <HI>to me to receive the&s;e Bills in, and let him have his mony at</HI> Antwerp; <HI>Not el&s;e in ha&s;te, God keepe you.</HI></P>
<CLOSER><SIGNED>Your loving friend, <HI>John Peacock.</HI></SIGNED></CLOSER>
</LETTER>
<P>By which you may perceive, that he had received my three Letters; in that of the 5. of July I had advi&s;ed him at large of all what pa&s;&s;ed, de&s;iring him to take &s;ome cour&s;e to ea&s;e me of my imployment, being very &s;orry I undertook it; and for my part I was re&s;olved not to &s;tay. He an&s;wered me in the&s;e words, <HI>I pray be not &s;o ha&s;ty to come home, but goe to</HI> Walker, <HI>and informe him, and heare what advice he will give you and us to help our &s;elves, for to lo&s;e our goods in a Friends Country this fa&s;hion is ve|ry ab&s;urd.</HI> Now here was a contradiction to my de&s;ire, which was, to returne home, according unto my promi&s;e to him and the re&s;t; for though I took an ab&s;olute Procuration from them, yet I did declare my &s;elfe that I could make no long work of it, and that I would not &s;tay there above five or &s;ix dayes, and that by no meanes I would undertake any Law-&s;uits, and that they &s;hould give me 10. l. towards my charges, and that if the Ship and Goods were not &s;old before I came, and that I did buy them, they &s;aying the Ship and Goods were worth 10000. l. I would be contented with 3. per C, but in ca&s;e that they were &s;old, then to have &s;uch &s;atisfaction for my expences and lo&s;&s;e of time, is &s;hould in rea&s;on be thought fitting. After they had verbally pro|mi&s;ed this, I con&s;idered with my &s;elfe that I went upon uncer|tainties, with all the great lo&s;&s;e that might be in my imployments.
<PB N="11" REF="8"> He prayed me to goe how &s;oever, I &s;hould be well contented to my owne de&s;ires, as by this will appeare.</P>
<LETTER LANG="eng">
<P><HI>WEE under-written doe confe&s;&s;e, that about the</HI> 27. <HI>of</HI> June <HI>la&s;t, That M.</HI> John Peacock <HI>did come unto</HI> John Day <HI>up|on the Exchange, asked him if he were re&s;olved to goe for</HI> O&s;tend: John Day <HI>&s;eemed very unwilling, &s;aying, He was loth to goe, fea|ring he &s;hould doe you little good. &V;pon which M.</HI> Peacock <HI>an&s;|wered, Goe how&s;oever, you &s;hall have &s;atisfaction to your own con|tent,</HI> or words to that purpo&s;e.</P>
<CLOSER><SIGNED><HI>Thomas Stone.</HI><LB> <HI>Thomas Cowell.</HI></SIGNED></CLOSER>
</LETTER>
<P>Upon which faithfull promi&s;es I departed that night, and u&s;ed &s;uch diligence, that five dayes after I came to <HI>O&s;tend,</HI> as former|ly declared. In this Letter of the 11. <HI>July,</HI> 1645. he advi&s;eth, that he had accepted my Bills of Exchange of 300. l. and would &s;ee to pay them. In my Letter of the 5. I advi&s;ed him, that I had drawne upon him at 3. dayes &s;ight 300. l. but wi&s;hed him by all meanes to &s;end me a note from M. <HI>Luce,</HI> whereby I might recover the monies which he did not doe: M. <HI>Lavillety</HI> would undertake no further then he had Baiard in the &s;table, which if I had done &s;o, I had never runne into this inconveniencie. You may be plea&s;ed to ob&s;erve, that <HI>O&s;tend</HI> is a Towne of little or no trade, only a Garri&s;on for Souldiers; And all that time the only Randevous for Pirats. There's no exchange nor monies to be had, but what is &s;ent per Po&s;t or other wi&s;e for <HI>Antwerpe</HI> or <HI>Lile,</HI> which at that time was &s;o dangerous, that &s;carce a Po&s;t could ride, for the Duke of <HI>Lorraines</HI> forces lay between <HI>Bridges</HI> and <HI>Gaunt</HI> upon the one &s;ide of the River, and the Prince of <HI>Orange</HI> on the other, be|tween <HI>O&s;tend</HI> and <HI>Lile,</HI> the French lay about <HI>Iper</HI> and tho&s;e parts, &s;o that for divers dayes no Po&s;t came. Captaine <HI>Fowther</HI> was very earne&s;t for his mony, I told him the rea&s;on was, no Po&s;t came; About the latter end of <HI>July</HI> there came a Po&s;t and brougth &s;ome monies, but not all, about 1600. gl. wi&s;hed M. <HI>Lavillety</HI> to pay M. <HI>Peacocks</HI> account 1400. gil. Which was done accordingly, faithfully promi&s;ing unto the Captaine by the next po&s;t 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 arrived
<PB N="12" REF="9"> <GAP DESC="illegible" REASON="faint" EXTENT="1 span"> <HI><GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">helwell</HI> with Procuration from Doctor <HI>Walker</HI> and arre&s;ted <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">ptaine <HI>Francis Coleman</HI> 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 arre&s;ted Cap. <HI>Fowther,</HI> but he &s;aith &s;ince, that I conveyed him away. The next day the &s;hip of <HI>Fowther,</HI> as like wi&s;e all goods and montys that were any way due or belonging unto him, he arre&s;ted in M. <HI>Lavillety</HI> his hands and in my hands, what moneys I owed unto <HI>Fowther,</HI> I got a coppie of his Procurations, the Doctors Remon&s;trance, and the order for the arre&s;t, came for England, acquainted the Mer|chants, &s;taid &s;ome ten dayes, and at the entreaty of the Merchants went over againe, for indeed I could not in Con&s;cience leave the Bu&s;ine&s;&s;e &s;o imbroild, but before I went backe was commanded to attend the Honourable Committee of the Admiralty, where I appeared and &s;ome Merchants with me, where it was de&s;ired that their Honours would be plea&s;ed to write unto the Agent Do|ctor <HI>Walker</HI> to accomodate the Merchants in what he could for recovering of their goods, one of the Honorable Committee asked me, if I knew M. <HI>Thelwell?</HI> I an&s;wered, 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 <HI>Flanders,</HI> where I u&s;ed &s;uch diligence, that within &s;ix dayes I was at <HI>Bruxells,</HI> but before my com|ming about &s;ixe houres M. <HI>Thelwell</HI> had received a letter from a friend of his, that belonged to the Committee, &s;hewed me the letter and who wrote it, but the partie hath &s;ince denied it, and &s;hall be no more que&s;tioned by me, but who&s;oever he was, he did &s;omewhat enlarge in his Relation. <HI>Thelwell</HI> &s;o &s;oone as he had received his letter, told the Doctor that I had abu&s;ed him &s;ufficiently before the Committee, but it was no great matter, for I had abu&s;ed his wor&s;hip, &s;peaking &s;trange &s;candalous words of him before M. <HI>Bailey</HI> of <HI>Bridges</HI> and others, the next morning comming before his Wor&s;hip, after I had done my duty, and pre|&s;ented his Wor&s;hip with &s;ome letters, beganne to be very angry, asking me what offence he had ever done me, that I &s;hould abu&s;e him? I admired what he meant, prote&s;ted unto him, I never had any rea&s;on to doe it, he told me, he could prove it, I an&s;wered, I &s;hould be a&s;hamed to looke him then in the face, called M. <HI>Peter
<PB N="13" REF="9"> Thelwell,</HI> asked whether I had not abu&s;ed him in words, replyd, yes, I demanded when and before whom, he &s;ayd at <HI>Bridges,</HI> before M. <HI>Bailey,</HI> told his Wor&s;hip, that I was certaine M. <HI>Baily</HI> would not ju&s;tify any &s;uch thing, knowing that I had better breeding then abu&s;e a Gentleman of his quality, e&s;pecially one that I never &s;aw in my life before, de&s;ired M.<HI>Baily</HI> might be &s;ent for, who then was in Town, and lay but hard by: At my entreaty he &s;ent one of his foote boyes for him, before his comming his Wor&s;hip had occa&s;ion of other bu&s;ine&s;&s;e, next day invited me to dinner, M.<HI>Thel|well</HI> invited M. <HI>Baily,</HI> where we were very kindly u&s;ed, after dinner he told me, that he was very well &s;atisfyed I had not &s;po|ken ill of him, I de&s;ired his favour in Re&s;pect of the Merchants, he bid me comply with M. <HI>Thelwell</HI> I &s;hould find him very ready, knew not well what doe; M. <HI>Thelwell,</HI> having had &s;o late notice of the words &s;poken of him, how&s;oever I confe&s;&s;e the words, M. <HI>Baily</HI> made us both friends; After we had dranke together, then we came to a Treatie, M. <HI>Baily</HI> was very helpfull unto us both. It was argeed between us and allowed of by the Doctor before a Publique Notary under the &s;eale of <HI>Bruxels</HI> bearing Date: which Agreement I have extant, by which it was under-hand a|greed, that I &s;hould pay unto M. <HI>Baily</HI> 60. Pi&s;tolls, which I was contented to doe, with this provi&s;o, that if I did not recover the Ship and goods my obligation was to be of no validity. I thought my &s;elfe certaine all was right, but comming to <HI>O&s;tend</HI> &s;hewing my Councell the agreement, they advi&s;ed me to goe to the Burgoema&s;ter M. <HI>Eggle&s;ton,</HI> who told me, he could not deli|ver the &s;hip and goods without they were praized, unle&s;&s;e it was agreed between the Agent that pretended intere&s;t, and Captaine <HI>Fowther,</HI> that they were both contented with a certaine Summe be it little or much he would accept it, otherwi&s;e it would be a long and trouble&s;ome bu&s;ine&s;&s;e, there was no remedy, but I mu&s;t back againe, came to <HI>Gaunt,</HI> where I found his Wor&s;hip and M. <HI>Peter Thelwell,</HI> repaired unto them, told them the occa&s;ion of my returne, de&s;ired there might be no further delays: Doctor <HI>Walker</HI> promi&s;ed me very faire &s;tillbade me comply with M. <HI>Thelwell,</HI> I came thither about the fourth of <HI>October,</HI> being upon a Friday or Saturday, we met, where we compared notes, and I told him that the Proprietors who had tru&s;ted me, would expect &s;ome accom|modations
<PB N="14" REF="10"> for their great charges, be&s;ides their extracted lo&s;&s;e o|ther wayes, and that my lo&s;&s;e of time was precious, I entreated him of all friend&s;hip, that things might be accommodated &s;o for as if po&s;&s;ible they might give content, he promi&s;ed me he was &s;orry that the Burgoma&s;ter of <HI>O&s;tend</HI> would not follow the order he had given, and becau&s;e it &s;hall appeare to the world my &s;ince|rity, I have tran&s;lated that agreement with the Procuration given by Doctor <HI>Walker</HI> by Ma&s;ter <HI>Thelwell,</HI> dated the eleventh day of <HI>September,</HI> 1645. which Procuration I have al&s;o thought fit here to in&s;ert, <HI>viz.</HI></P>
<P>On this day, the 11. of the month of <HI>Septemb.</HI> in the yeere 1645. before me <HI>Iacob Van Bo&s;&s;uiit</HI> Publike notary by the Soveraigne Councell of his Royall Maje&s;ty in <HI>Brabant</HI> admitted re&s;iding in <HI>Bru&s;&s;ells</HI> and the witne&s;&s;es heareafter named per&s;onally appeared the wor&s;hipfull <HI>Peter Thelwell</HI> as being con&s;tituted and authori|zed e&s;pecially to the Cau&s;es here under written by the well learned <HI>Walter Walker</HI> Doctor in the Lawes Prolegate of the Parlia|ment of England, according to the contents of the in&s;trument thereof, being dated the third day of <HI>Augu&s;t</HI> la&s;t pa&s;t, &s;ub&s;cribed by the &s;aid con&s;tituant with his &s;igne and &s;eale hereupon imprin|ted in red wax, now &s;hewing and appearing unto me Notary, and the &s;aid Appearour, hath by vertue and according to the power of the &s;aid Procuration declared even as he declareth by the&s;e Pre&s;ents to con&s;ent unto <HI>Iohn Day</HI> Merchant in the City of <HI>London</HI> in England afore&s;aid, as appointed and authorized by M. <HI>John Pea|cock, George Coney, Richard Streater, John Freeman, William Carter, Ra. Grafton, Iames Setheby, Matthias Eyre, Iohn Gibbs,</HI> and <HI>Robert Hamon,</HI> all Merchants and inhabitants in the &s;aid City of <HI>London:</HI> That the &s;aid <HI>Iohn Day</HI> in the &s;aid quality, for|a&s;much as it may concerne him, appeares in his &s;aid Quality, not|with&s;tanding the Arre&s;t made by him Appearor upon the goods hereafter written by the per&s;on of <HI>Peter Thelwell,</HI> may take up un|der &s;ure and &s;ufficient baile by him put in the goods and wares hereafter written, to wit, the Ship and what belonged unto her, foure che&s;ts with blades for Rapiers, two of them marked with the letters <HI>ME.</HI> and the other two with the letters <HI>R.G. Item</HI> in hundred and twelve Bales of Anni&s;eeds marked with the letter <HI>L. Item</HI> foure Ca&s;es with Skrewes of Pi&s;tols marked with the let|ters
<PB N="15" REF="10"> <HI>J.G. Item</HI> two ca&s;es of Bever Wool. <HI>Item</HI> foure &s;mall bar|rels of Quick-&s;ilver. <HI>Item</HI> two ca&s;es with <HI>Sal&s;aperilla,</HI> marked with the marke R^4. <HI>Item</HI> one &s;mall barrell with Mace, and a number 1 w^w. of Goat-skins, be&s;ides two Ca&s;es with Shrewes of Pi&s;tolls, one &s;mall ca&s;e with Locks for Pi&s;tolls; All the which goods are lying at <HI>O&s;tend</HI> Seque&s;tred by the Lords the Committees for the Admiralty of <HI>Dunkerke</HI> by Order of His Royall Maje&s;tie in his private Councell Dated the fifth day of <HI>Augu&s;t</HI> la&s;t pa&s;t, and that in diver&s;e places within the &s;aid Cittie of <HI>O&s;tend</HI> there|unto appointed by the &s;aid Lords Committees, and came out of of the Ship <HI>Barak</HI> and <HI>Deborah,</HI> whereof was M.<HI>William Rous</HI> of <HI>London</HI> taken in Sea by Captaine <HI>Francis Fowther</HI> and by him brought into <HI>O&s;tend</HI> in <HI>Flanders</HI> afore&s;aid, the &s;aid goods being of the &s;aid Arre&s;t and he appear our con&s;enting to the &s;aid <HI>John Day</HI> or his Order hereof this pre&s;ent Act, for according to the power thereby to pro&s;ecute the recovery thereof, with putting in &s;u<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">ty of one hundred Pounds g<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters"> once into the hands of the &s;aid Committees through the per&s;on of M.<HI>Iohn de la Valette</HI> Marchant in O&s;tend, Promi&s;ing to hold the &s;ame con&s;ent, for good and of value under Bond of his and his Con&s;titutors Per&s;ons and goods pre&s;ent and to come. Thus done in this Citty of <HI>Bru&s;&s;ells</HI> in the pre&s;ence of <HI>H<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">bert Vander Meulon,</HI> and <HI>Paul Baily</HI> as Witne&s;&s;es hereunto called, and the Draught thereof was &s;ub&s;cribed by the &s;aid Appearours with me Notary. <HI>Quod at|te&s;tor,</HI> was &s;ub&s;cribed <HI>Jacob Van Ba&s;&s;uiis</HI> Notar.</P>
<P>You may be plea&s;ed to take notice, that this Procuration was mended at <HI>Gaunt</HI> afterwards by Ma&s;ter <HI>Thelwels</HI> con&s;ent, &s;ome|thing being added, and likewi&s;e in Latine I &s;et downe Doctor <HI>Walkers</HI> Procuration unto Ma&s;ter <HI>Thelwell,</HI> which bred all this confu&s;ion. M. <HI>Thelwell</HI> promi&s;ed me to doe what I would de&s;ire, but I mu&s;t give him 80. Pi&s;tols, be&s;ides the 60. Pi&s;tols that I for|merly promi&s;ed to pay unto M. <HI>Bailys</HI> more, that I &s;hould pro|mi&s;s him as hundred Pi&s;tols, to cleere Captaine <HI>Fowther</HI> from Arre&s;t, the which I would not yeeld unto conceiving that no A|gent &s;hould make any &s;uch unju&s;t demands to the prejudice of the hone&s;t Merchants. This was his demand about 6. of <HI>October</HI> fol|lowing.</P>
<Q><PB N="16" REF="11">
<TEXT LANG="lat">
<BODY>
<DIV1 TYPE="document">
<HEAD>Copia Mandati.</HEAD>
<P>UNiver&s;is ad quos pervenerint pre&s;entes, &s;alutem. Ex re|mon&s;tratione facta Domino Regiper nos Walterum Walker Legum Doctorem Prolegatum Parliamenti Anglia, ordi|natum o&s;t de Seque&s;tratione bonorum in quadam Navi, cujus erat Joannes Toma&s;on Magi&s;ter nuper de facto intercept' &amp; vi<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">|lenter occupat' per quendam Capitaneum Coleman, &amp; de arre&s;ta|tione corporis dicti Coleman pro cautione interponenda de omnibus bonis di&s;&s;ipatis prout in ordine continetur, Quid tamen no<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> Pro|legatus antedictus ad Dankerkham, &amp; O&s;tend, &amp; alibi pro pr<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">|ratione executionis dicti ordinis co~mode itinerarinon po&s;&s;umus, con|&s;tituimus, &amp; per prae&s;entes nominamus &amp; con&s;tituimus dilect<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">m nobis in Chri&s;to Petrum Thelwell Armigerum, no&s;trum Procura|torem, Actorem, &amp; Factorem, tam qaoad prami&s;&s;a, quam quoad omnes alias cau&s;as &amp; negotia in ab&s;entia no&s;tra, nomine no&s;tre, vel pro nobis expediend', damu&s;que &amp; concedimus eidem Petro Thelwell pote&s;tatem generalem &amp; mandatum &s;peciale, de a|gendo, faciende, &amp; procurande totum &amp; quicquid &amp; omnia &amp; &s;ingula quae nos &s;i prae&s;entes per&s;onatitor intere&s;&s;emus opud Dun|kerc vel O&s;tend. vel aliquo alio loco expedire facire vel procurare po&s;&s;emus.</P>
<CLOSER><DATELINE>In cujus rei te&s;timonium manum no&s;tram prae&s;entibis op|po&s;uimius. Datum Bru&s;&s;ellis <DATE>tertie die Augu&s;ti, 1645. </DATE></DATELINE>
<SIGNED>Signatum Walt.Walcher.Prolegatus Parliamenti Anglia cum &s;igille rubre ad lntus impre&s;&s;o.</SIGNED>
<POSTSCRIPT>
<P>Concordat cum originali.</P>
<CLOSER>Quod atte&s;tor,
<SIGNED>Van Bo&s;&s;uiit Notar. P.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Pre&s;ently I wrote to Doctor <HI>Walker,</HI> to de&s;ire him to &s;tand for the good of the Merchants, acquainted him with the proceedings of M.<HI>Thelwell,</HI> de&s;ired him for Gods &s;ake that they might not &s;uffer in their e&s;tetes; he would not an&s;wer my Latter 12. of Octber; returned to O&s;tend, intending for <HI>England,</HI> came to <HI>O&s;tend</HI> the 15. the 16. I wrote unto Ma&s;ter <HI>Peacocks,</HI> the Copie of the Letter hereafter followeth in the&s;e expre&s;&s;e words.</P>
<LETTER LANG="eng">
<PB N="17" REF="11">
<OPENER><DATELINE><HI>O&s;tend, <DATE>16 October, 1645.</DATE></HI></DATELINE></OPENER>
<P>MA&s;ter <HI>John Peacock,</HI> Loving friend, I came hither la&s;t night from Gaunt, where I had beene with Ma&s;ter <HI>Thelwell</HI> eight days to have compo&s;ed your unfortunate bu&s;ine&s;&s;e, and in conclu&s;ion effected nothing, his demands being beyond my expectation, far be|yond his de&s;erts, <HI>80.</HI> Pi&s;tols to be paid pre&s;ently, <HI>60.</HI> Pi&s;tols to pay <HI>Paul Baily, 100.</HI> Pi&s;tols to relea&s;e the Arre&s;t upon the per&s;on of Cap. <HI>Fowther,</HI> though not yet arrea&s;ted; I could not find Pi&s;tols to &s;heet off &s;o fa&s;t; I am in &s;uch a &s;trait, I know not what to do. My re&s;o|lution is, God willing, to write no more to you: expect an An&s;wer of this, &s;o to return, in the meane times, I pray &s;peak with the re&s;t a|mong you, appoint &s;ome body either to come hither to di&s;charge 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 witne&s;&s;e, I am &s;o weary of this bu&s;ine&s;&s;e, that I wi&s;h to have given 50. l. out of my owne pur&s;e, that I had never come over, or advi&s;e the re&s;t of the intere&s;&s;ed to take &s;ome &s;peedy cour&s;e, that you may not be cozined of all, I have writ to the Agent, de&s;iring him to be a&s;&s;i&s;tant unto you, whereby you may be fairely dealt withall; truly he is a very hone&s;t gallant Gentleman, and one (as I conceive) will doe no unju&s;t act; but there is one againe with him of a broken fortune, M. <HI>Thelwell,</HI> that looks nothing more, but to enrich him&s;elfe by other mens lo&s;&s;es. I could be larger in writing of very &s;trange pa&s;&s;ages, but dare not, remembring wel where I am, that for &s;mal matters make nothing of killing men, but God ble&s;&s;e me with &s;afety to returns, I &s;hall declare to the Honourable Committee, and to the Merchants, the true &s;tate of the bu&s;ine&s;&s;e here. I have written to M. <HI>William Chri&s;tmas,</HI> I wi&s;h you to confer with him, with my love remembred.</P>
<CLOSER><SIGNED><HI>Yours to command,</HI> Iohn Day.</SIGNED>
<POSTSCRIPT>
<P><HI>Po&s;t&s;cript.</HI> I received by the la&s;t 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 <HI>London,</HI> the Captaines name <HI>Hooker,</HI> a gallant man, his crew an&s;werable to him&s;elfe, that the&s;e Parliament dogs that he can take, God damne him &s;hall over|boord, or el&s;e carry them to <HI>Argiers.</HI> Here are many brave Cap|taines,
<PB N="18" REF="12"> not to compare to this. I pray remember my &s;ervice to Cap|taine <HI>Cramley,</HI> if he be taken, he can and will take &s;ome cour&s;e for his &s;afety.</P>
</POSTSCRIPT></CLOSER>
</LETTER>
<P>By which I advi&s;ed him of my fruitle&s;&s;e voyage, &s;taid at <HI>O&s;tend</HI> three or foure dayes, in that interim <HI>Coleman</HI> was relea&s;ed, had notice of other goods that were conveyed away, as Platts which were conveyed to the hands of M. <HI>Chri&s;topher Mey&s;tron<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"></HI> for the &s;atisfying of a Bill of Exchange of M. <HI>Thelwell.</HI> After advi&s;e I &s;aw apparent, that there was an ab&s;olute agreement betweene <HI>Humbleton</HI> and <HI>Thelwell</HI> to cozen the Merchants of their e&s;tates, went to the Burgo-ma&s;ter <HI>Eggle&s;ton,</HI> acquainted him of their purpo&s;e: he told me that he could not helpe it, he had relea&s;ed <HI>Coleman</HI> by vertue of M. <HI>Thelwels</HI> 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 &s;end any contradiction, he would take &s;uch care, that the Merchants &s;hould not have their goods embezelled.</P>
<P>Whil&s;t I &s;taid there, I was &s;o cruelly tormented with <HI>Rous</HI> the Ma&s;ter of the Ship, in that I had not in all that time cleered the Ship, and did keep &s;uch a quarter with me, as by this Certificate will more at large appeare. I &s;et it downe, becau&s;e he had &s;worn the contrary in his An&s;wer, <HI>viz.</HI></P>
<LETTER LANG="eng">
<P>VVEE who&s;e names are here underwritten, doe te&s;tifie for truth, that about foure or five moneths pa&s;&s;ed at <HI>O&s;tend</HI> Ma&s;ter <HI>William Rous</HI> Ma&s;ter of the <HI>Barak</HI> and <HI>Deborah,</HI> did can plaine unto <HI>John Day</HI> being then at <HI>O&s;tend</HI> of his long delay is not cleering the fore&s;aid Ship, that the &s;aid <HI>Day</HI> did declare, that he could not help it, but &s;aid, he did it for the be&s;t, and hoped to &s;ave the ow|ners &s;ome money; that if the &s;aid <HI>Rous</HI> would give him a note of his hand, whereby the &s;aid <HI>Day</HI> might not be damnified, he would pre&s;ent|ly goe with him to M. <HI>Livillety,</HI> and give him the money to cleare the &s;aid Ship, or words to that effect, that the &s;aid <HI>Rous</HI> denyed &s;o to doe.</P>
<CLOSER><DATELINE><DATE><HI>21. Jan. 1645</HI></DATE></DATELINE>
<SIGNED><HI>Henry Batten.</HI><LB> <HI>George Blake.</HI></SIGNED></CLOSER>
</LETTER>
<PB N="19" REF="12">
<P>I knew not what to doe, at la&s;t I re&s;olved (though it co&s;t me my life) to goe once more to Doctor <HI>Walker,</HI> and to acquaint him with <HI>Thelwels</HI> proceedings, arrived at <HI>Gaunt</HI> the 22. of October, where I advi&s;ed Ma&s;ter <HI>Peacock,</HI> the Copie of the Letter I have here &s;et downe.</P>
<LETTER LANG="eng">
<P>LOving friend, this Letter I could not &s;end by the la&s;t Packet, &s;ince yours of the 3 wherein you write you finde little perfor|mance; for Gods &s;ake come over, or &s;end &s;ome that can doe more. You would have M. <HI>Rous</HI> his Ship cleared, D. <HI>Walker</HI> &s;aith no, he hopes to got it for nothing, but what is already paid, I wi&s;h it were &s;o. Captaine <HI>Fowther</HI> is in a manner contented with <HI>1800.</HI> Gilders, &s;hall I pay or depo&s;ite <HI>2600?</HI> M. <HI>Rous</HI> is impatient, I cannot blame him. What between M. <HI>Thelwell,</HI> you, and your Skipper, makes me almo&s;t mad. Tomorrow for <HI>Bruxels</HI> once more, to bring a period, if po&s;&s;ible. How&s;oever expect as above&s;aid. So re&s;ting,</P>
<CLOSER><SIGNED>John Day.</SIGNED></CLOSER>
</LETTER>
<P>The 24. I came to <HI>Bruxels,</HI> lodged at a private house, &s;ent unto Doctor <HI>Walker</HI> a Letter, wherein I humbly de&s;ired his Protecti|on, that I might come and goe unto him without any danger of my life, by rea&s;on of M. <HI>Thelwell;</HI> that I had bu&s;ine&s;&s;e of concern|ment to declare unto him: he &s;ent his Secretary, who told mee, that I might freely come and &s;peak with him. I did &s;o. But for feare of the wor&s;t, I took a Souldier with me for my guard. Who comming before Doctor <HI>Walker,</HI> I truly related what <HI>Thelwell</HI> had done, in relea&s;ing out of pri&s;on Captaine <HI>Coleman,</HI> in the cozening the Merchants of their money and &s;haring it among&s;t them; the taking of Merchants goods out of the ware-hou&s;es, con|verting them to their owne u&s;e, as Platts; M. <HI>Thelwell</HI> confe&s;&s;ed before Doctor <HI>Walker,</HI> that he had and was to have 3000. gil. as likewi&s;e the taking out of the Platts, but &s;aid, it concerned me nothing, I had nothing to doe with any of tho&s;e goods that were taken by <HI>Colemen:</HI> I replyed, and &s;hewed an Order from Ma&s;ter <HI>Fr<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">man</HI> for five Fates, withall telling him, that if I had not that, I was fearfull he might as well doe &s;ome di&s;hone&s;t act, to the prejudice of the Merchants that I was entru&s;ted for. After many words, he told Doctor <HI>Walker</HI> he had put in good &s;ecurity to the
<PB N="20" REF="13"> Parliament for any thing that he &s;hould acte. I de&s;ired Doctor <HI>Walker</HI> to aske him who was his &s;ecurity, he &s;aid his cozen M. <HI>Thelwell</HI> the Parliament man and his cozen <HI>Charls Loid,</HI> I told Doctor <HI>Walker,</HI> that if he could make that any wayes appeare, <GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> &s;hould re&s;t &s;atisfied, would pre&s;enly depart for <HI>England</HI> wel con|tented, and trouble him no further, he then told Doctor <HI>Walker</HI> he had it under his Cozen <HI>Loyds</HI> hand, he would &s;hew it him the next day, I mu&s;t truly confe&s;&s;e, that Doctor <HI>Walker</HI> did &s;eri|ou&s;ly prote&s;t, that he knew not of any of tho&s;e pa&s;&s;ages, neither the relea&s;ing of Cap. <HI>Coleman,</HI> the &s;haring of the mony, nor taking of any goods, I humbly entreated him, that he would be plea&s;ed to give a little note of his hand to the Burgoma&s;ter of <HI>O&s;tend</HI> for preventing of the further knaveries, and &s;ecurity of the Merchants goods, which he would not doe, the next day I came to him, de|&s;iring to know whether M. <HI>Thelwell</HI> had &s;hewed him the letter from his Cozen for &s;ecurity, he told me he had not, neither did he beeleve, he had any &s;uch, I advi&s;ed the Wor&s;hipfull Alderman <HI>Kenricke</HI> who was interre&s;&s;ed in the mony, that was &s;o &s;hared as likewi&s;e M. <HI>William Chri&s;tmas</HI> with diver&s;e others thereof, the 30. of <HI>October</HI> I pre&s;ented an humble Petition unto Doctor <HI>Wal|ker,</HI> the Copie whereof I have truly &s;et downe in the&s;e words.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<OPENER>To the Honorable, <HI>Walter Walker,</HI> Doctor of the Law, Agent Extraordinarie for the Honourable Parliament of <HI>England.</HI></OPENER>
<HEAD>The Petition of <HI>John Day,</HI> Merchant, in the behalfe of <HI>Jo. Wood, Rowl. Wil&s;on, Jo. Frederick, Jo. Peacock,</HI> and divers other worthy Merchants of <HI>London.</HI></HEAD>
<P><HI>Humbly &s;heweth</HI></P>
<P>That your Petitioner was &s;ent over into tho&s;e parts by the Mer|chants above&s;aid, with full power and Authority atte&s;ted by the &s;eales of <HI>London</HI> and by Publique Notaries Authenticke, as like|wi&s;e with a Letter of Credit unto your Honour for your a&s;&s;i&s;tance for what your Petitioner &s;hould require concerning the Ship and goods of the <HI>Barak</HI> and <HI>Deborah</HI> M. <HI>William Rous</HI> M.</P>
<PB N="21" REF="13">
<P>May it plea&s;e your Honour that your Petitioner hath been mo&s;t unju&s;tly retarded the&s;e nine weekes by M. <HI>Peter Thelwell</HI> and yet is, which hath been by a power, that your Honour gave him Dated the third of <HI>Augu&s;t</HI> la&s;t.</P>
<P>By which power the &s;aid <HI>Thelwel</HI> hath cunningly and underhand done diver&s;e &s;trange things to the great prejudice of the Merchants, and to a very ill example, as the relea&s;ing out of Pri&s;on <HI>Cap. Cole|man,</HI> taking Merchants goods out of the Ware-hou&s;es; all which hath been done without your Honours privity and con&s;ent, as your Petitioner verily beleeveth.</P>
<P>For prevention of the future, let M. <HI>Thelwell</HI> without delay put in very good &s;ecurity &s;uch as your Honour and your Petitioner &s;hall thinke fit that nothing &s;hall be done to the prejudice of the Merchants. Or el&s;e</P>
<P>It is mo&s;t humbly prayed, that your Honour will be plea&s;ed take from the &s;aid <HI>Thelwell</HI> the Order or procuration. Dated as above&s;aid, or at lea&s;t give Order under your Honours hands unto <HI>Seignior Eggle&s;ton</HI> Burgoma&s;ter of <HI>O&s;tend,</HI> that he &s;hould not &s;uffer any goods of the Merchants arre&s;ted, either the goods taken by Captaine <HI>Coleman,</HI> or Captaine <HI>Fowther</HI> to be deli|vered out to any man without your further Order.</P>
<CLOSER><HI>And your Petitioner &s;hall pray, &amp;c.</HI>
<SIGNED>Iohn Day.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>By which meanes you may plainly perceive, that I did to the uttermo&s;t of my endeavours de&s;ire Doctor <HI>Walkers</HI> a&s;&s;i&s;tance for the &s;afety of the Merchants goods, and withall I told him, that I under&s;tood <HI>Giles</HI> M. <HI>Thelwells</HI> man was to goe for <HI>O&s;tend,</HI> and of what dangerous Con&s;equence it was, de&s;ired of him to give me two or three lines under his hand, to &s;end to the Burgoma&s;ter, he would not, but called for M. <HI>Thelwell,</HI> and asked him why he did not make an end with me, he told Doctor <HI>Walker,</HI> that I de|manded more goods then I had procurations for. I told him, that my Orders &s;hould &s;hew the contrary, he told Doctor <HI>Walker,</HI> that if I would leave my Procurations and Orders with him, he would peru&s;e them, and what I had Order for I &s;hould have; Thereupon I delivered him my Procurations, came to him, two or three dayes after to know his plea&s;ure, he would neither re&s;olve me what he would doe, nor give my Procurations againe, but
<PB N="22" REF="14"> bid me come by them as well as I could, upon which I Petitioned Doctor <HI>Walker</HI> againe, the Coppie whereof followeth in the&s;e words <HI>viz.</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Honourable <HI>Walter Walker</HI> Doctor of the Law, Agent extraordinarie for the Honourable Parliament of <HI>England.</HI> The Petition of <HI>John Day,</HI> Merchant, in the behalfe of <HI>Jo. Wood, Rowl. Wil&s;on, Jo. Frederick, Jo. Peacock,</HI> and divers others Worthy Merchants of <HI>London.</HI></HEAD>
<P>Humbly &s;heweth</P>
<P>THat as yet he hath not received any &s;atisfactory an&s;wer from M. <HI>Peter Thelwell,</HI> concerning the Petition in the behalfe of the Merchants given unto your Honour the 30. of <HI>October</HI> 1645.</P>
<P>May it plea&s;e your Honour, as you alwaies have bin inclined to doe Ju&s;tice, and that deluyes are hatefull unto you, your Honour will be plea&s;ed forthwith if it be with your Honours goodlike|ing to call in your Procuration, Dated the third of <HI>Augu&s;t</HI> la&s;t pa&s;t, wherein your Honour did ab&s;olutely Authorize the &s;aid <HI>Thel|well</HI> to arre&s;t the per&s;on and goods of Captaine <HI>Coleman</HI> and Cap|taine <HI>Fowther,</HI> which Authority your Petitioner knoweth for certaine, that the &s;aid <HI>Thelwell</HI> hath lately much abu&s;ed, and without your Honours &s;peedy redre&s;&s;e the Merchants are likely to be very much Damnified.</P>
<P>That the &s;aid M. <HI>Thelwell</HI> hath and doth to the great prejudice of your Petitioner, e&s;pecially to the Merchants intere&s;&s;ed, detain in his Cu&s;tody the Procurations and &s;peciall Commi&s;&s;ions given your Petitioner, from the &s;aid Merchants, having been a love|ing way often de&s;ired to re&s;tore them, a&s;well before your Honour and your Secretary, as diver&s;e others, which he doth mo&s;t unju&s;t|ly deny to deliver, &s;o that your Petitioner is very confident that he hath &s;ome ill intent.</P>
<P>Your Petitioner well knowing how tender you are of your Ho|nours reputation lea&s;t any thing &s;hould reflect upon your Ho|nour,
<PB N="23" REF="14"> your Petitioner humbly de&s;ireth you will be plea&s;ed to cau&s;e his &s;aid Procurations and Commi&s;&s;ions to be re&s;tored, and by your Honour to be enabled to pro&s;ecute the &s;aid Procurations accor|ding to their true intent; That your Petitioner &s;hall act nothing, nor receive any goods, but &s;uch as he hath ab&s;olute authority to re|ceive, and for which he will be re&s;pon&s;ive, otherwi&s;e your Petitio|ner is re&s;olved forthwith to goe for <HI>England,</HI> to give a ju&s;t and ho|ne&s;t accompt to the Honourable Committee and the Merchants, that your Petitioner may goe with the more courage.</P>
<P>It is mo&s;t humbly prayed, that your Honour would be plea&s;ed out of your wonted goodne&s;&s;e to give unto your Petitioner a note under your hand to the Burgomo&s;ter of <HI>O&s;tend,</HI> that none of the goods arre&s;ted, either the goods taken by Cap. <HI>Coleman,</HI> or by Cap. <HI>Fowther,</HI> &s;hall not be di&s;po&s;ed of to any intent what&s;oever, untill your further order.</P>
<CLOSER><HI>And your Petitioner &s;hall pray, &amp;c.</HI>
<SIGNED>JOHN DAY.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>At la&s;t I got my Procurations and Writings, but not untill I under&s;tood his Honour was re&s;olved for <HI>England:</HI> To pa&s;&s;e by many dilatory premi&s;&s;es, <HI>Thelwells</HI> intention of murthering me, and had done it ba&s;ely, had not his man and M. <HI>Din&s;e,</HI> Doctor <HI>Walkers</HI> Interpreter, prevented him, who &s;taid him as he was running at me with his drawn Rapier, as I was &s;tanding by the fire &s;ide.</P>
<P>Now I will leave him, and come to Doctor <HI>Walkers</HI> voyage for England, which he having re&s;olved of, I intended not to leave him, waited upon him to Dunkerke, I pa&s;&s;ed by O&s;tend to enforme my &s;elfe whether any thing had lately pa&s;&s;ed, de&s;i|red ma&s;ter <HI>Rous</HI> the Ma&s;ter of the Ship to come pre&s;ently to Dunkerk to &s;peak with D.<HI>Walker,</HI> who did &s;o; we de&s;ired D.<HI>Wal|ker</HI> that we might have leave to cleare the Ship, that he would be plea&s;ed to take off his Arre&s;t, and to take his power which he had formerly given unto M. <HI>Thelwell,</HI> back againe, which he would not doe. I was advi&s;ed to &s;end a Notary to prote&s;t again&s;t him for all dammages that might happen to the Merchants, did &s;o, the 10. of November, 1645. upon which he &s;aid he would take away his Procuration from M. <HI>Thelwell,</HI> and would have a care that nothing &s;hould be acted to the prejudice of the Merchants, untill
<PB N="24" REF="15"> further advi&s;e from England. I &s;till urged him for is none to the Burgoma&s;ter, but could not have it. I told him plainly (I did conceive) he did beyond his Commi&s;&s;ion, for to my knowledge he was de&s;ired to be a&s;&s;i&s;ting to the Merchants in what they &s;hould de&s;ire, and not to &s;eeke to de&s;troy them. Whereupon he was ve|ry angry. So I being re&s;olved to goe for England, yet I pre|vailed with him to goe to Seing' <HI>Clau&s;ons,</HI> one of the Judges of the Admiralty, with M.<HI>Thelwell,</HI> unto whom he did &s;peak in La|tine, declared, as he told me in Engli&s;h, that he had taken away his Procuration and that he had de&s;ired nothing might pa&s;&s;e to the prejudice of the Merchants; I did goe with a &s;peciall friend unto Seig' <HI>Clau&s;ons</HI> that evening, and de&s;ired of him to know, Whether that the Agent had &s;aid was effectuall to prevent M. <HI>Thelwell,</HI> that he could doe nothing to the prejudice of the Merchants, he told me, what the Agent &s;aid to him was but words, and would availe nothing, for if he &s;hould averre he had &s;aid &s;o, the other might deny it, which was but <HI>Pro</HI> and <HI>Con.</HI> By all meanes I &s;hould 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 &s;ent his Letter to his wife of his &s;afe arrivall, and come now to my Merchants, e&s;pecially <HI>Peacock,</HI> how he rewarded me for all my paines and trouble into Flanders. I &s;hould be too tedious in writing downe of all his Letters, only take a briu&s;e ab&s;tract of &s;ome few, who in his Letter of the 4. of July doth expre&s;&s;e in the&s;e very words.</P>
<LETTER LANG="eng">
<P>LOving friend, I have &s;ince thought with my &s;elfe, that if you arre&s;ted the Captaine that took our Ship, you cannot doe ami&s;s<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">, and arre&s;t the Ship al&s;o, and what goods you can find. But I <GAP DESC="illegible" REASON="blotted" EXTENT="1 word"> the bu&s;ine&s;&s;e to doe as you &s;hall &s;ee mo&s;t advantageous.</P>
</LETTER>
<P>By this you may per&s;eive &s;ome confidence he had in me, lea|ving of it to my di&s;cration. The 5. of July he advi&s;ed me by M. <HI>William Rous</HI> the Ma&s;ter, to &s;o furni&s;h him with what moneys hee &s;hould need; accordingly I did furni&s;h him with what he deman|ded, as formerly declared by the Certificate of M. <HI>B<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters"></HI> and M. <HI>B<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters"></HI> and would have payd him the full money to have cleared
<PB N="25" REF="15"> the Ship, onely de&s;ired a note of his hand to &s;ave me harmle&s;&s;e when I came into England. In this Letter of the 22. of Augu&s;t, 1645. if in ca&s;e there be any Law of recover them, doe you endea|vour, Doctor <HI>Walker</HI> &s;aid, I &s;hould not buy them, this day and that day they &s;hould be recovered. The 9. of <HI>September</HI> he writes thus: <HI>I pray depo&s;ite the money, if the Ship cannot otherwi&s;e be freed, let what Suit of Law come of is that will.</HI> He knew full well, I had paid 1400. Gilders before, was then upon agreement with <HI>Fow|ther</HI> upon an Arbitrement that the Ship &s;hould not have &s;tood them in above 1900. Gil. had not M.<HI>Thelwell</HI> hindred it. I have had di|vers imployments for &s;undry Merchants, but never met with &s;uch changeable in&s;tructions and orders; for fir&s;t he directed me to give for his Wire 40. Gil. then pre&s;ently he thought 24. would be &s;uf|ficient. In his Letter of the 18. of <HI>July,</HI> 14. dayes after, when I had in a manner bought it, by his Letter of the fir&s;t of August I mu&s;t not exceed 15. Gil. in his Goat-skins the like, &s;o that he did almo&s;t make me mad. He &s;ent me from <HI>Antwerp</HI> 400. pi&s;tols cur|rent at 9. gil. per pi&s;tol to pay for the wire <GAP DESC="illegible" REASON="missing" EXTENT="1 span"> after orders me to &s;end it back unto Ma&s;ter <HI>Le Bruyne</HI> that &s;ent it, I did &s;o, Had I kept this 400 pi&s;tols towards my large expences and lo&s;&s;e of time, he and I had never differed; but after once he had got be|fore-hand with me, I was gone. I &s;hall with as much brevity as I can declare how after my returne home I repaired unto him and the re&s;t, and told them what had pa&s;&s;ed, advi&s;ed what I conceived was be&s;t for them to doe, informing them, that by the meanes of Doctor <HI>Walker,</HI> the Ship and their goods were retanded, and that they &s;hould doe well to Petition the Honourable Hou&s;e of Com|mons, none being &s;o forward as M.<HI>Peacock</HI> in the bu&s;ine&s;&s;e: there|upon they concluded of a Petition to the Honourable Committee of the Lords and Commons for the Navie, the Copie whereof ver|batim here followeth, <HI>viz.</HI></P>
<Q><PB N="26" REF="16">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Honourable Committee of Lords and Commons for the Navie. The Petition of divers Merchants, who&s;e names are here under-written.</HEAD>
<P>H&V;mbly &s;heweth unto your Honours, that about <HI>June</HI> la&s;t, the Ship <HI>Barak</HI> and <HI>Deborah</HI> comming from <HI>Am&s;terdam</HI> was ta|ken by one Captaine <HI>Francis Fowther</HI> a Pyrate; and carryed to <HI>O&s;tend.</HI></P>
<P>That upon advi&s;e thereof your Petitioners &s;ent over <HI>John Day</HI> with full authority to demand your Petitioners Goods and Ship, &s;o well by Law and otherwi&s;e he &s;hould thinke fit; but before he came, your Petitioners goods were &s;old, part of the &s;aid goods the &s;aid <HI>Day</HI> hath bought, as he &s;aith, and paid the mo&s;t part for them.</P>
<P>That on the third of <HI>Augu&s;t</HI> following, M. <HI>Peter Thelwell</HI> by au|thority from the Wor&s;hipfull Doctor <HI>Walker</HI> did arre&s;t your Petitio|ners goods, by which your Petitioners are much damnified.</P>
<CLOSER>Your Petitioners humbly pray, that your Honours will be plea&s;ed to call before your Honours the &s;aid Doctor <HI>Walker</HI> and <HI>John Day,</HI> whereby we may have &s;ome &s;atifaction, the rather in that tht Convoy is come, and our goods are left behind.
<SIGNED><LIST>
<ITEM>Nicolas Adams.</ITEM>
<ITEM>John Peacock.</ITEM>
<ITEM>Edmund Webberley.</ITEM>
<ITEM>Robert Jeffery.</ITEM>
<ITEM>James Burkin.</ITEM>
<ITEM>Joas Ever&s;en.</ITEM>
<ITEM>John Clar.</ITEM>
<ITEM>Thomas Hood.</ITEM>
<ITEM>Ralph Grafton.</ITEM>
</LIST></SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>M. <HI>Peacock</HI> is the fir&s;t man that underwrites, goes along with it ve|ry earne&s;t, the Ship and Oyls being not then come. In his Petition I be&s;eech you ob&s;erve, that he doth there confe&s;&s;e, that he &s;ent me over with full power to demand the Ship and goods &s;o wel by
<PB N="27" REF="16"> Law as otherwi&s;e I &s;hould think fit, but if he for&s;wears this here|after you mu&s;t conceive, it is for his owne profit. By earne&s;t wri|ting unto M. <HI>Lavillety</HI> to a&s;&s;i&s;t <HI>Rous</HI> in what po&s;&s;ible he could to get his Ship away, mo&s;t faithfully promi&s;ing unto <HI>Lavillety,</HI> that he &s;hould be no wayes damnified, he did a&s;&s;i&s;t him, and u&s;ed that meanes, that the Ship and goods &s;afely arrived here, <HI>Peacock</HI> and <HI>Rous</HI> they had no more thought of giving &s;atisfaction for my ex|ce&s;&s;ive expences and great vacancy of time being above 21. or 22. Weeks upon that &s;ole imployment, but to the contrary the 9. of <HI>December</HI> arre&s;ted me in two actions of 1100. l. Although I never had to deale with him for two pence, I went to pri&s;on in the Compter, where I lay 2. or 3. nights, &s;ent for the Gentlemen, who came unto me with much a doe, asked him whether I had de&s;erved &s;uch hard dealing from him, what was his rea&s;on to de|mand again&s;t me, was this the &s;atisfaction for all the care and paines I had taken for him? He told me, that <HI>Rous</HI> and M. <HI>Sinc|ler</HI> had told him, that I had paid nothing for the Ship and Oyles, that they had runne away with them, therefore I mu&s;t give him 300. l. back, I replied that were it &s;o, I expected a greater recom|pence for my charges and lo&s;&s;e of time then the 300. l. I de&s;ired him not to deale &s;o 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 &s;e|curity to &s;tand to the Award, he told me I &s;hould rot in pri&s;on if I would not put in bail. Pre&s;ently after I had a friend that came unto me, per&s;waded me to put in baile, I told him what a &s;erious vow I had made, being a man of Quality went to the Guardian of the Pri&s;on to prevaile with him upon a paroll to be a true pri&s;oner, that I had liberty to go abroad to appear when I &s;hould be &s;ent for, I pro&s;ecuted it &s;o by friends that I got him the 17. of the &s;ame month to referre it to M. <HI>Thomas Mu&s;champ</HI> and M. <HI>John Frith,</HI> when at the Mermaid Taverne after long debating they found &s;ome monies comming unto me, &amp; did offer what appeared to them, to give me, be&s;ides my charges and lo&s;&s;e of time, which they would take into con&s;ideration, and that I &s;hould have content, I not having my ac|counts from <HI>Lavillety,</HI> I de&s;ired a little time, they gave as by their a|ward appears until the 17. of <HI>Jan.</HI> Within 14. dayes I received my account, repaired unto M. <HI>Peacock,</HI> de&s;ired a further meeting before
<PB N="28" REF="17"> the &s;aid Arbitratours, he would not upon any entreatyes, but pro|&s;ecuted with the greate&s;t violence that po&s;&s;ible could be, on Chri&s;tmas day in the morning went to Sheriffe Foots, under who&s;e command I was, de&s;iring him I might not goe abroad, &s;ay|ing 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 gi|ven him good &s;atisfaction, how&s;oever &s;uch was his importunity, that the 6. of <HI>January</HI> I was remanded to Pri&s;on, who contrary to my faithfull promi&s;e, was forced to put in baile the &s;ame day, or el&s;e I mu&s;t have lain and rotted, if that he might have had his de&s;ire. I with much entreaty of friends, and indeed for meer<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> &s;hame, he was content to have another Reference, but I mu&s;t refer it to M. <HI>Lucas Luce</HI> and him&s;elfe, I conceived it very hard termes, the harder in that I mu&s;t put in &s;ecurity in 1500. l. to &s;tand to their award, knowing how ju&s;t my cau&s;e was, yeilded thereto, the 20. of <HI>Jan.</HI> 1645. I was bound and my loving friend M. <HI>Jo: Frith,</HI> we had a meeting who after long debate M. <HI>Luce</HI> told him that it was very unfit that he &s;hould be judge in his owne Ca&s;e, how&s;oever if he would make choice of a third man to be an Umpier, he doub|ted not but to give him Satisfaction, which <HI>Peacock</HI> utterly denied, would condi&s;cend to nothing without he might be Ump him&s;elf, unto which demand there was no re&s;on to yeild unto, &s;o that the arbitration broke off, I was forced to remove his erne&s;t to the Common place and pre&s;ently to put in a bill into the Chancery, which my bill came in again&s;t <HI>Peacock</HI> and <HI>Rous</HI> in <HI>February,</HI> his an&s;wer and <HI>Rous</HI> came in 21. <HI>February</HI> 1645. After I had taken out their an&s;wer being but 79. &s;heetes, I looke a great deals of paines in peru&s;ing of it, where I did find &s;uch and &s;o many manife&s;t untruths, that I &s;tood amazed; fir&s;t for M. <HI>Peacock</HI> fol. 3. that I &s;hewed my willingne&s;&s;e to goe the voyage, where he known the contrary, as by the Atte&s;tation appeares; fol. 5. that it was fully agreed that this defendant &s;hould pay unto the complainant 3. l. upon every 100. l. for what he &s;hould buy, a mo&s;t fal&s;e untruth, there was never &s;uch an agreement made. It is true I did propound, that if the goods were not &s;old before came, and if I did not buy them not &s;taying above 5. or 6. dayes, I would be content with 3. <HI>per.</HI> C. for my paines and labour, they
<PB N="29" REF="17"> paying my charges fol. 7. And the&s;e defendants doe deny that they or either of them, with divers or others did earne&s;tly or o|therwayes entraute the complainant to goe for <HI>O&s;tend,</HI> whereas by the Te&s;timony of diver&s;e extant to prove it, that <HI>Peacock</HI> did mo&s;t earne&s;tly begge and entreate of me to goe. I doe pa&s;&s;e by many &s;hall faults fol. 13. and this defendant both deny, that this defendant and the &s;aid other per&s;ons nominated, with this defen|dant in the &s;aid Letter of Attorney, did by the &s;ame writing or o|therwi&s;e give unto the complainant any authority to doe accor|ding to his di&s;cretion. Ca&s;t your eye upon his Letter of Attorney, and his Petition to the Committee and &s;ee there if I have not full authority to doe as I &s;hall thinke fitting, as if they them&s;elves were by and pre&s;ent, &s;ee but his Letter unto me of the 4. July. wherein he expre&s;&s;eth the&s;e very words, <HI>I leave the bu&s;ine&s;&s;e to doe, as you &s;hall &s;ee mo&s;t advantaguous, Fol.</HI> 14. And the&s;e Defen|dants &s;ay, and either of them &s;aith, that they doe not beleeve, that before the Complainant arrived at <HI>O&s;tend</HI> afore&s;aid, upon his voy|age thither, in the Complainants Bill mentioned mo&s;t part or a|ny part of the goods in the &s;aid Ship were &s;old and delivered, or that the &s;aid Ship or goods, or any part of them, were at any time judged for Prize by the &s;aid Admiralty of Dunkerke or el&s;e|where. <HI>Rous</HI> before my arrivall at O&s;tend was gone for Lon|don, and had contracted for his Ship, bought divers goods out of the &s;aid Ship from the Captaine, among&s;t which a great parcell of Am&s;terdam Engli&s;h Bibles. Ma&s;ter <HI>Peacock</HI> knowes that mo&s;t of all his goods were &s;old before I came thither, there went three over with me about the &s;ame bu&s;ine&s;&s;e, two of them joyned with me in the Letter of Attorney, M. <HI>Hud&s;on,</HI> M. <HI>Robert Jeffery,</HI> who had likewi&s;e goods in the &s;aid Ship, that were &s;old before they came. M. <HI>Hud&s;on</HI> did buy part of his goods at the &s;econd hand. for <HI>Rous</HI> and <HI>Peacock</HI> to &s;wear that the goods were not adjudged as Prize, they might as well deny that I went to O&s;tend by Sea, all one, for no man dare &s;ell Ship or goods there, untill they have been fir&s;t at Dunkerke, and bring order from thence to the Admi|ralty there, <HI>Fo.</HI> 18. Nor doe the&s;e Defendants beleeve, that the Complainant having re&s;pect to the good of the owners, would give &s;o great a price for &s;uch goods, when as this Defendant <HI>Iohn Peacock</HI> faith, that he did when the Complainant undertook the
<PB N="30" REF="18"> &s;aid voyage, give the Complainant his directions not to give <GAP DESC="illegible" REASON="blotted" EXTENT="1 word"> then 30. gil. for a Hog&s;head of the &s;aid Oyle. Doe but look upon his Directions under his owne hand-writing, I mu&s;t leave this to your judgement, whether M. <HI>Peacock</HI> hath liberty to for&s;wears him&s;elfe.</P>
<P>I have pa&s;&s;ed but to <HI>Fol.</HI> 18. there are 60, more behind, which were it not too tedious, there is not three leaves but apparent un-truths ju&s;tified upon oath, as the receiving of the 300. l. and ma|ny other &s;hamefull things. I will onely in&s;tance one or two more that <HI>Peacock</HI> &s;wore, <HI>Fol.</HI> 19. That I did trade with his money and credit, whereby I enriched my &s;elfe. God knowes I never traded with a peny of his money, neither ever had more moneys from <HI>Lavillety,</HI> as for expences and other extraordinary charges, but I will take my oath, and publi&s;h to the world, that I am even un|done by him, and am wor&s;e in my e&s;tate and livelyhood by 500. l. then I was when I undertooke that unfortunate voyage, and all long of him, and his Comrade M.<HI>Peter Thelwell, Fo.</HI> 54. And this Defendant <HI>William Rous</HI> further &s;aith, that after the Com|plainant arrived at <HI>O&s;tend</HI> afore&s;aid this Defendant did &s;ee openly in the &s;treet of <HI>O&s;tend,</HI> afore&s;aid &s;ix, Fatts of Pot-a&s;hes of the goods of the &s;aid other Defendant <HI>John Peacocke,</HI> which this Defendant did then acquaint the Complainant of, to the end the Complai|nant might attach or u&s;e &s;ome meanes to obtaine the &s;ame, but the &s;aid Complainant did refu&s;e &s;o to doe, or to &s;tir any way about the &s;ame for the regaining thereof. And therefore and for the rea&s;ons afore&s;aid in this Defendants An&s;wer &s;et forth and declared, this Defendant <HI>John Peacock</HI> &s;aith, that he did cau&s;e the &s;aid Complai|nant to be arre&s;ted at this the Defendants &s;uit in an Action or Actions for or to this Defendants dammage, and the dammages of other the owners afore&s;aid 1100. l. or thereabouts. I be&s;eech you ob&s;erve now one of the principall cau&s;es of my Arre&s;t, that I would not attach nor arre&s;t the&s;e Pot-a&s;hes.</P>
<P>Fir&s;t for <HI>Rous,</HI> he knew full well that no goods there were ar|re&s;table, but &s;uch as brought order from the Cheife Gover|nour or Admirallty of <HI>Bruxells,</HI> which he knew I had not, nei|ther power to relea&s;e his &s;hip, nor any Merchants goods that were arre&s;ted by M. <HI>Thelwell,</HI> at the &s;ame time he knew there was brought up a Ship ot <HI>Barwicke,</HI> laden with <HI>Salmon</HI> belonging unto
<PB N="31" REF="18"> M. <HI>Wat&s;on,</HI> his man being then there, laboured by all meanes po&s;|&s;ible, to procure an arre&s;t to be laid upon the Ship or goods, it could not be done, the goods &s;old before his face, and dur&s;t not &s;carce open his mouth, <HI>Rous</HI> being then pre&s;ent, to my knowledge this Ship being taken by one Captaine <HI>Hooker,</HI> pre&s;ently after another taken by Cap. <HI>Dor&s;et</HI> comming from the Ea&s;t Country laden with Pot-a&s;hes, Hempe, and divers other goods, partly be|longing unto M. <HI>Amis</HI> and M. <HI>James Plat</HI> dwelling in Leaden-Hall-&s;treet, and M <HI>Patrick Smart</HI> a Scotchman, wh<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">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, &s;aw them &s;old before their owne eyes, <HI>Rous</HI> being by and pre|&s;ent, could they arre&s;t or hinder the &s;ale then, nor dur&s;t once &s;peak, neither could they &s;carce have the priviledge to bid for their goods, but if they would buy them, mo&s;t doe at the &s;econd hand without any exceptions. I would faine know of <HI>Rous</HI> and M. <HI>Peacock,</HI> if a Ship and goods were condemned here by the Ad|miralty, and &s;old either by the Commi&s;&s;ion or by the intere&s;ted to whom they were judged as Prize, who &s;hould or dare arre&s;t tho&s;e goods in the parties hands that bought them? I prote&s;t &s;e|riou&s;ly, <HI>Rous</HI> and <HI>Peacock,</HI> have &s;worne &s;o to the purpo&s;e in many things to &s;uch impo&s;&s;ibilities, that I am almo&s;t afraid, that if I &s;hould long conte&s;t with them, they would &s;weare me out of my owne name. Before I end with them, I mu&s;t declare unto you what part or intere&s;t the&s;e two owners have in this Ship, which co&s;t but 2600. gil. each of them one &s;ixteenth part; <HI>Iohn</HI> and <HI>Io|nathan Gibbs</HI> each a &s;ixteenth, which is not 16. l. &s;terl. for each of their parts, yet &s;ome of them have vowed to &s;pend ten times more then their parts, but to make me fly my Country. After I had taken out this An&s;wer, by much per&s;wa&s;ions of friends I got another Reference, upon condition, that he &s;hould choo&s;e two men, and I one, which was concluded on. We &s;ealed Bonds with &s;ecurity, he made choice of M. <HI>Stephen Burton</HI> and M. <HI>Tho|mas Browne,</HI> two very hone&s;t men, I had M. <HI>Luce,</HI> any two of them to conclude. M. <HI>Burton</HI> and M. <HI>Browne</HI> met, &s;ate a great while upon it, M. <HI>Luce</HI> could not meet at that time, I entreated them for Gods &s;ake to make an end as they &s;hould think fitting, gave them the Account, the Copie of which is here &s;et downe. They
<PB N="32" REF="19"> did &s;omewhat except again&s;t &s;ome things there as too much, I re|ferred &s;olely unto them to doe what they plea&s;ed, &s;o I might have an end.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="documents">
<P><TABLE>
<HEAD>Ma&s;ter <HI>John Peacock</HI> and divers other Debtors unto <HI>John Day</HI> for a mi&s;erable voyage to <HI>O&s;tend,</HI> being undertaken by vertue of a Procuration dated the 27 of <HI>June,</HI> 1645. at the earne&s;t entreaty of tho&s;e who&s;e hands are thereunto &s;ub&s;cribed.</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Gilders.</CELL>
<CELL>&nbsp;</CELL>
<CELL>&nbsp;</CELL>
</ROW>
<ROW>
<CELL>For the buying the Ship <HI>Barak</HI> and <HI>Deborah</HI> faith|fully paid 2600. Gilders, having order to have given as much more.</CELL>
<CELL>2600</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For ten Hog&s;heads of Lin-&s;eed oyle for the parti|cular accompt of Ma&s;ter <HI>lohn Peacock,</HI> as his pretended goods.</CELL>
<CELL>0470</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For money paid unto <HI>Rous</HI> by <HI>Lavillety,</HI> as by his Accompt.</CELL>
<CELL>0530</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For money lent the &s;aid <HI>Rous</HI> be&s;ides 50. Gilders, M. <HI>John Freeman</HI> is to pay more for him</CELL>
<CELL>0018</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For my expences by M. <HI>Peacocks</HI> expre&s;&s;e order, three times going for <HI>Bruxels,</HI> following the Law, much extraordinary expences, thrice going from <HI>London</HI> in 23. weeks.</CELL>
<CELL>1970</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For my lo&s;&s;e of time, and extraordinary paines, be|ing out 23. weeks, at 20, 8. <HI>per diem.</HI></CELL>
<CELL>1610</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For my charges, being arre&s;ted by this <HI>Iohn Peacock</HI> here in <HI>London</HI> upon two Actions of 1100. l. &s;terling, whereas he was much in my debt, to my dammage 50. l. &s;terling, a great deale more, being almo&s;t my utter ruine, at 37. s. is</CELL>
<CELL>0555</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For Port of Letters from Lond. and other places</CELL>
<CELL>0075</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>7828</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
</TABLE></P>
<PB N="33" REF="19">
<P><TABLE>
<HEAD>M. <HI>Iohn Peacock</HI> and Company <HI>per contra Credit'.</HI></HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Gild.</CELL>
<CELL>&nbsp;</CELL>
<CELL>&nbsp;</CELL>
</ROW>
<ROW>
<CELL>For 10. l. received of them at the Antwerp Tavern behind the Exchange according to every mans proportion, as M. <HI>Peacock</HI> gathered 10. l. &s;terl. he having received with his owne proportion much more at 37. s. Flemi&s;h is</CELL>
<CELL>0111</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For 300 l. &s;terl. drawn upon M. <HI>Peacock</HI> for to pay for the Ship and his Oyles, he taking every mans &s;hare for their parts of the 2600. Gilders, at 37. s. is</CELL>
<CELL>3330</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>3441</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>Re&s;ting due to me to ballance&mdash;</CELL>
<CELL>4387</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>7828</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
</TABLE></P>
</DIV1>
</BODY>
</TEXT></Q>
<P>They would not conclude at that time, but referred it to ano|ther day that M. <HI>Luce</HI> might be with them, did &s;o. At that mee|ting they were all three together, and tooke a great deale of pains, being confident that they would have concluded, but by &s;ome ac|cident or words that <HI>Peacock</HI> &s;pake, M. <HI>Burton</HI> and M. <HI>Browne</HI> were unwilling to conclude, but agreed we &s;hould &s;eale new bonds, and that they &s;hould be added unto them. M. <HI>Henry Hunt</HI> and <HI>William Garrroway,</HI> M. <HI>Peacock</HI> promi&s;ed to yeild thereto, the next day I came to the Scrivener that M. <HI>Burton</HI> appointed, brought my bond &s;ealed a new. M. <HI>Peacock</HI> brought his bond, promi&s;ed the like, but referred the time untill the fir&s;t arbitration was out, he then denied to &s;eale, &s;aying <HI>John and Jonathan Gibbs</HI> and the re&s;t 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 &s;et down all the Partners, by which all the world may judge whether I am not likely to be well rewarded. The fir&s;t of the&s;e, <HI>Iohn Peacock</HI> one &s;ixteenth, <HI>William Rous</HI> one &s;ixteenth, <HI>William Peacock</HI> one &s;ixteenth, <HI>Peter Sallawins</HI> one &s;ixteenth, <HI>Pe|ter Bocles</HI> one &s;ixteenth, <HI>Mathias Eyres</HI> one &s;ixteenth, <HI>Iohn Free|man</HI> one &s;ixteenth, <HI>Iohn White</HI> one &s;ixteenth, <HI>Iohn Gibbs</HI> one &s;ix|teenth, <HI>Ionathan Gibbs</HI> one &s;ixteenth, <HI>Daniell Rou&s;well</HI> one &s;ix|teenth,
<PB N="34" REF="20"> <HI>Garton</HI> one &s;ixteenth, <HI>Iohn Drew</HI> one &s;ixteenth, <HI>Roger Sotherby</HI> one &s;ixteenth, and one 32. <HI>Edward Davies</HI> one 32. <HI>Auron Powell</HI> one &s;ixteenth, was ever man Shipt with &s;uch a Medley, &s;o many Bre<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">hren of <HI>Am&s;terdam</HI> of all &s;orts? God of his mercy deliver me out of their hands.</P>
<P>Fol. 4. he doth &s;et forth, that there was &s;ome di&s;cour&s;e be|tweene him and me concerning the taking upon me to goe to <HI>O&s;tend</HI> for the clearing of the Ship and goods, but doth not &s;ay, that he gave me any Procuration or Power to doe it, but conclu|ded that I have not regarded my promi&s;e, but intending to deceive the &s;aid <HI>Iohn Peacock,</HI> nor hath laid out any part of the 300. l. but I have refu&s;ed to doe my endeavours, whereby he is dampnified 600. l. he hath 15. partners be&s;ides him&s;elf, 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 que&s;tion he hath received, being lately come from <HI>Am&s;terdam.</HI> By which you may plainely perceive in what a mi&s;ery he &s;eeks 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 ca&s;e &s;hall I be in? This is not all, he hath been in <HI>Flanders,</HI> and hath there given his Procuration unto M. <HI>Peter Thelwell,</HI> by which he hatn Petitioned the Admiralty of <HI>Dunkerke</HI> 15. <HI>May</HI> 1646. By which he de&s;ires the mony in M. <HI>Lavillety</HI> his hands may be brought into the Court, that he is en|gaged for me, &s;o that they &s;ue me here, makes large demands. <HI>Lavillety</HI> he keepes diver&s;e goods of mine in his hands, there pre|tending he doth not know how he may be damnified by rea&s;on of M.<HI>Thelwell</HI> proceeding. God is my judge, I never received penny of the 300. l. but as any occa&s;ion was for my expences, 1400. Gil. I did cau&s;e M. <HI>Lavillety</HI> to pay unto Captaine <HI>Fowther</HI> as formerly declared, there is by ballance of my account 4387. Gild comming unto me, and truly I think in mode&s;ty no indifferent man will al|low me le&s;&s;e then what I put to account. For my lo&s;&s;e of time, and the daily danger I was in, who&s;oever would give me the &s;ame employment, and engage him&s;elfe for &s;even yeeres to give me more, I take God to witne&s;&s;e I would not undertake it. Mi|&s;ter <HI>Peacock</HI> hath not only by his fraudulent oppre&s;&s;ion &s;ought my ruine, but u&s;ed all meanes, as much as po&s;&s;ible in him lay, to defame and to make me odious to all the world, as by procu|ring
<PB N="35" REF="20"> Atte&s;tations to take away my life, by complying not onely with M.<HI>Thelwell</HI> the Parliaments Agent, but with M. <HI>Hamble|ton</HI> the Queenes Agent: Whereby there is Atte&s;tation, as he hath told me, wherein it will be made appeare, that I did there &s;peak ill words again&s;t the Honourable Parliament. I could willingly wi&s;h, that any of them were here to ju&s;tifie the words. Nay that is not all, but he did write over, which was publi&s;hed by <HI>Iohn</HI> and <HI>Ionathan Gibbs,</HI> that I played away a great deale of money at Dice, &s;lung handfulls of Pi&s;tols at a time, &s;aying, Hang it, let it go, it is Roundheads money.</P>
<P>I have lately entreated M. <HI>Peacock</HI> to make an end of our bu&s;i|ne&s;&s;e, offering him that I will be contented to refer it to M. <HI>Stephen Burton</HI> or M. <HI>Browne,</HI> that were formerly his good men, or any other hone&s;t Merchan<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> whom he plea&s;ed. He prote&s;teth unto me, that he hath wrote to his Partners in Am&s;terdam, &s;o &s;oone as hee &s;hall heare from them he will re&s;olve. For my part I am re&s;olved, if by any po&s;&s;ible meanes, I will not goe to Law with them. I am told, there is now a Committee for Oppre&s;&s;ion and Extortion, I will fly thither as fa&s;t as I can; if there be none, it is great pity, there was never more need. I am &s;ure I can hardly write good Engli&s;h, but will conclude in Latine,</P>
<EPIGRAPH>
<Q>Felix, quem faciunt aliena pericula cautum.</Q>
</EPIGRAPH>
</DIV1>
<DIV1 TYPE="postscript">
<PB N="36" REF="21">
<HEAD>POST-SCRIPT.</HEAD>
<OPENER><SALUTE>Gentle Reader,</SALUTE></OPENER>
<P>I Have u&s;ed all po&s;&s;ible endeavours to have my Vindication read before the Honourable Committee, but by rea&s;on the multiplycity of their great affaires, and their &s;eldome &s;<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">tting cannot yet be effected, but I am very confident will very &s;ud|denly; In the interim I thought good to Paraphra&s;e upon M. <HI>Peacocks</HI> Remon&s;trance, whereby the world may judge of his malicious intent again&s;t me: fir&s;t concerning the breaking open of Doctor <HI>Walkers</HI> Letter, it was upon this occa&s;ion, comming to <HI>Dover,</HI> and having no Pa&s;port, I went to M. <HI>Ginnaber</HI> the Cl<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">rke of the Pa&s;&s;es to have one as formerly accu&s;tomed, for I am certaine I had pa&s;&s;ed twenty times in the like manner, but M. <HI>Ginnaber</HI> told me, that there was an Order of Parliament that none mu&s;t pa&s;&s;e without Order from the Hou&s;es of Parliament or from the Cu&s;tome hou&s;e of London; I &s;tood amazed, the <HI>Packet</HI> boate goe|ing away that night, I broke up the Wor&s;hipfull <HI>Giles Greene</HI> his Letter in the pre&s;ence of the &s;aid M. <HI>Ginnaber</HI> and M. <HI>Ratcliffe</HI> being M. <HI>Rookes</HI> his man the &s;earcher, how&s;oever they would not &s;uffer me to pa&s;&s;e: being aboard, the fore&s;aid <HI>Ratcliffe</HI> commanded me a&s;hore, and the boate went away; being three houres at Sea, by contrary winds forced back, the next day I went to the Major of <HI>Dover,</HI> told him the occa&s;ion of what concernment it was to divers Merchants, &s;hewed him the Letter to Doctor <HI>Walker,</HI> he being a very hone&s;t Gentleman, and knowing of me well did procure that I had a Pa&s;port and went away that night, the next day we arri|ved at O&s;tend, where I wrote unto Doctor <HI>Walker</HI> the &s;ame day and &s;ent his Letter, as by the Date of mine will appeare, if Doctor <HI>Walker</HI> will be plea&s;ed to produce it, as he hath faithfully promi|&s;ed to doe. In <HI>November</HI> la&s;t, before the Honourable Committee in the pre&s;ence of Doctor <HI>Walker</HI> and <HI>Peacock,</HI> I did &s;atisfie their honours concerning the breaking open of the Letter, whereas he mo&s;t fal&s;ly alleadgeth, that I was to repaire to Doctor <HI>Walker,</HI>
<PB N="37" REF="21"> and follow his advice, whereas before I went, I declared my &s;elfe, that I would not goe to Doctor <HI>Walker,</HI> nor entertaine any &s;uites of Law, neither would I &s;tay above 5. or 6. dayes as I can ju&s;tifie by many Witne&s;&s;es.</P>
<P>The &s;econd materiall thing that he alleadgeth again&s;t me, that for the &s;pace of three Moneths or thereabouts I continued in a deboi&s;t and impious manner of drinking and Rioting with the &s;aid <HI>Fowther,</HI> and other Pyraticall Commanders and Sea-men at <HI>O&s;tend.</HI> Unto which I an&s;wer, that for the time I was at <HI>O&s;tend,</HI> after the fir&s;t foure or five dayes that I had di&s;patcht my bu&s;ine&s;&s;e &s;o much as po&s;&s;ible I could doe, I never after kept the &s;aid <HI>Fowther</HI> or any other of that Pyraticall crew company, neither indeed dur&s;t; for it is well knowne to M. <HI>George Blage,</HI> M. <HI>Henry Battin, Julian Wills,</HI> three Ma&s;ters of Ships that belonged to the Mer|chants of <HI>London,</HI> that were at the &s;ame pre&s;ent at <HI>O&s;tend</HI> the con|tinuall danger I was and went in, that I was &s;o farre from keeping them company, that I dur&s;t not come where any of them were; nay I dur&s;t not walke in the &s;treets, for I was advi&s;ed by the &s;aid Shippers and divers others well effected that they had vowed my death, and &s;wore they would cut me in pieces, having way-laid me betweene <HI>O&s;tend</HI> and <HI>Pl.</HI> Where I had certainly ended my dayes, and <HI>Peacocks</HI> Commi&s;&s;ion, but by the &s;aid hone&s;t Shippers timely advice: which being prevented, foure or five of tho&s;e blood-&s;ucking fellowes came upon the Market place, a&s;&s;aulted me, would have pulled me off from that place, calling of me Parlia|ment dog, &s;wearing mo&s;t fearfully they would be the death of me: and had not tho&s;e Shippers with divers others well affected been by, and pre&s;ently got me out of their handling, certainly they would have murthered me. For my Rioting, I appeale to tho&s;e Shippers, of whom for the mo&s;t part whil&s;t I was there I had my dyet aboard their Ships, and &s;eldome 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 again&s;t the Parl. I never had any great de&s;ire to &s;tay long at <HI>0&s;tend,</HI> neither doe I think &s;pent in all a month there, but was at <HI>Bruxels</HI> &amp; other places. Whereas <HI>Peacock</HI> further &s;etteth forth, that I did publiquely calumniate the Parliament with vile and re|proachfull language, as by the Atte&s;tations appeareth; I have
<PB N="38" REF="22"> the Copies of them. Fir&s;t, for <HI>William Humbleton,</HI> he is the Queenes Agent, a mortall enemie to the Parliament, one that lately changed his Religion from a Prote&s;tant to a Papi&s;t. He is the onely Trea&s;urer for the Captaines, and the man that hath di|&s;po&s;ing of Letters of Mart again&s;t the Parliament, Ten pounds is his price, and doth &s;ell them as the Popes Nuntio doth his Par|dons. I mu&s;t entreat you to take notice, that this Atte&s;tator is the onely &s;harer with M. <HI>Thelwell,</HI> &s;o well in the Merchants mo|ney, as in divers other goods, as will be proved, they were fellow &s;ervants together to M. <HI>Charles LLoid,</HI> and very much of a condi|tion; For M. <HI>Thomas Wherry</HI> he is M. <HI>Humbletons</HI> Go&s;&s;ip, and one that is as a Broker betwixt them if they do not agree upon their di|vi&s;ion. Indeed his Atte&s;tation is very mode&s;t, only apt to mi&s;take, for he &s;aith, that I &s;hould in generall words &s;ay, that they were all Rebels and Rogues together. Now he doth in a manner inferre, that I &s;hould meane the King and Parliament, whereas in truth if I &s;pake any &s;uch thing, I meant really M. <HI>Thelwell</HI> and <HI>Humbleton.</HI> There is a Letter likewi&s;e produced dated the one and twentieth day of <HI>October,</HI> 1645. wrote to M. <HI>Thelwell,</HI> but I have no hand to it, it is wrote by Proxie, that he had the report of <HI>Gills</HI> or <HI>Gillam</HI> that I &s;hould &s;peak Traiterous words again&s;t the Parlia|ment, and advi&s;ed him that he &s;hould pre&s;ently write unto the Parliament, but never made knowne nor declared before the 2. of July 1646. There is an Affidavit likewi&s;e made by one <HI>Sinckler,</HI> but that is not concerning any Traiterous proceedings again&s;t the Parliament, but of &s;ome mi&s;demeanours again&s;t M. <HI>Peacock,</HI> as &s;ome words that Doctor <HI>Walker</HI> &s;hould tell him, which Doctor <HI>Walker</HI> hath &s;ince denyed, as likewi&s;e I might have arre&s;ted <HI>Pea|cocks</HI> Sop<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">-a&s;hes, he might as well have &s;worne I might have brought them home in my pocket, God forgive them. M. <HI>Peacock</HI> further &s;aith, and in particular &s;ome worthy Members of the Honourable Hou&s;e of Commons, as will be proved. I &s;hall u&s;e all po&s;&s;ible indeavour to pre&s;&s;e that Honourable Committee, that he may bring forth his proofes. Whereas M. <HI>Peacock</HI> &s;aith, that I hindred <HI>Fowther</HI> from being arre&s;ted, which is mo&s;t fal&s;e, that by my company keeping with him, and my foule carriage, did much prejudice to the publique affaires of the State. Concerning my carriage whil&s;t I was there, and my well-affectedne&s;&s;e to the
<PB N="39" REF="22"> State, I appeale unto three Letters wrote unto an Honourable Member of the Hou&s;e of Commons, and one of the Honourable Committee of the Admiralty and Cinque-ports, wherein this my Vindication I tru&s;t will be tryed, the Copie of which Letters I have by me, bearing date the &s;econd, ninth, and two and twen|tieth of October, a Letter written to M. P. <HI>Jones,</HI> M. <HI>Tho: Britewell,</HI> and M. <HI>Samuel Langham,</HI> Common-Councell men of this City; at likewi&s;e a Letter wrote unto the Wor&s;hipfull Captain <HI>Richard Crainlay</HI> one of the Commi&s;&s;ioners for the Navy, all which I have Copies of. If it be Trea&s;on to the State to &s;pend his labour, pains, and charges to the uttermo&s;t of his power to give advice of what pa&s;&s;ed any wayes to the prejudice of the State, to runne divers ha|zards in being at the charges of &s;ending well-affected Seamen as Spies to <HI>Newport,</HI> where then lay the Earle of <HI>Antrim,</HI> having two Ships ready to goe to Sea laden with Armes again&s;t the Par|liament, giving them directions what they &s;hould do, and money to beare their charges, the one of them was <HI>George Blags</HI> man, and the other <HI>James Sinckler,</HI> be&s;ides divers times I went my &s;elf, and if this be Trea&s;on, then I confe&s;&s;e I am a Traitor.</P>
<P>Thus farre he hath accu&s;ed me Criminally as a Traitor to the State, for which I &s;hal mo&s;t humbly crave a faire Tryall, the rather in that it is his humble prayer I may be convented before that Ho|nourable Committee, but in ca&s;e that their Honours &s;hall not have lei&s;ure to examine it, that they would tran&s;mit it to a Councel of Warre, where I will expect no favour, but the mo&s;t extremity according to my de&s;erts. M. <HI>Peacock</HI> hath nor onely de&s;ired my exemplary puni&s;hment, but hath mo&s;t cunningly and maliciou&s;ly, publikely and privately declared upon the Exchange and other places, that I had cheated him of many hundred pounds, and hath endeavoured to alienate tho&s;e that are my friends, (&s;uch that I got my livelyhood by) to be my enemies, averring &s;uch untruth unto them, that I think hardly can be paralleld. I will onely in|&s;tance in one or two. The Wor<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> <HI>Guinne</HI> Company having, notice of my going imployed me to recover or buy &s;ome goods that they had taken in the &s;ame Ship, which did. At my comming home they gave me thanks, and 30. l. for a gratuity, yet &s;uch hath been the malice of this <HI>Peacock,</HI> that he hath po&s;&s;e&s;&s;ed &s;ome of them, that M. <HI>L<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">villety</HI> and I &s;eek to coz<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">n them, and doth labour by
<PB N="40" REF="23"> all meanes, that they &s;hould take the Procurations out of my hands, and give one unto M. <HI>Thelwell,</HI> whereby the mony owing by any of us may be put into the Magi&s;trates hands. I hope the&s;e Gentlemen will be wi&s;er, and de&s;ire the money which is behind may be paid into their owne hands, if that it may be, there &s;hall want no furtherance of mine. If M. <HI>Peacock</HI> were not better ex|perienced in his trade for <HI>Am&s;terdam</HI> then in the Lawes of <HI>Flan|ders</HI> concerning depo&s;iting of moneys, he had never got &s;o much money by Raizens as he is now like to doe. I was de&s;ired by M. <HI>George Hadley,</HI> and M. <HI>Samuel Chaplin,</HI> two worthy Gentle|men, Grocers of <HI>London</HI> who had in the &s;aid Ship 500. Peeces of Raizens, to recover or buy them as I &s;hould think fit; before I came, they were bought by one <HI>Adram Van Toore</HI> a Merchant of <HI>O&s;tend,</HI> of whom afterwards &s;o many as were left, I bought, and pre&s;ently &s;hipt them in <HI>Julian Wills,</HI> drew 200. l. upon them, they paid the money, there was more disbur&s;ed by me, yet this M. <HI>Peacock</HI> did labour by all meanes, per&s;waded them that I had cozened them, and had not paid any moneys; I was forced to &s;end for Atte&s;tations, Acquittances, and &s;o &s;atisfied the&s;e Gentle|men, that they paid me all the money that I had truly disbur&s;ed, but for my labour and paines I could expect none, their lo&s;&s;e was &s;o 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 co&s;t. If M. <HI>Peacock</HI> could doe the&s;e Gentlemen that favour, as to prevaile with his friend M. <HI>Thelwell,</HI> that the moneys that he ar|re&s;ted by vertue of D. <HI>Walkers</HI> Procurations, for the u&s;e of the Proprietors, in the hands of <HI>Van Toore</HI> may not be embezeled and &s;hared, as M. <HI>Lincoberks</HI> Beaver Wool, and M. <HI>Graftons</HI> Bra&s;&s;e hath lately been, for it belongeth unto them.</P>
<P>I will only in&s;tance one more of his cunning tricks, he per&s;wa|ded M. <HI>James Sotherby</HI> to make an Affidavit which I did once &s;ee, and doe declare that what he &s;wore was truth, and was ex|treamly for M. <HI>Peacocks</HI> turne, for he &s;wore, that I was to have 3. l. per. cent. for what goods I bought at <HI>O&s;tend,</HI> but did not de|clare the other conditions, that if the goods were &s;old before I came, and that I did not &s;tay above 5. or 6. dayes, and I would un|dertake no Law &s;uits upon any termes. Let M. <HI>Sotherby</HI> be plea|&s;ed to goe before my Lord Major or any Ma&s;ter of Chan|cery,
<PB N="41" REF="23"> and make Oath, that this I did not &s;ay before my going over, I will give him what &s;atisfaction he &s;hall de&s;ire.</P>
<P>I will now conclude, wi&s;hing good &s;ucce&s;&s;e to the endeavours of M. <HI>Thelwell</HI> and M. <HI>Peacock,</HI> &s;o that they may extend to the good of the Proprietours, and that they may have better &s;ucce&s;&s;e then many formerly have had. I have knowne tho&s;e Countryes above the&s;e twenty yeares, and never yet knew any got by going to Law, if he could make any rea&s;onable agreement. I will in|&s;tance in one Pa&s;&s;age, of late M. <HI>Thomas Horth</HI> a Merchant of <HI>Yarmouth</HI> that had a Ship of Oyles taken and carryed to <HI>Dun|kerke</HI> worth 1500. l. M. <HI>Horth</HI> u&s;ed &s;uch dilligence, that he got the Oyles to be &s;eque&s;tred, &s;old, and the monies to be depo&s;ited, they were &s;old betweene 6. or 7000. gilders, and then to Law he went, after two or three yeares he obtained his &s;uit, had Order to receive his money, but the partie in who&s;e hands it was, de|manded 500. gilders for keeping of it; I heard M. <HI>Horth</HI> prote&s;t that it had been farre better for him, that the Ship at fir&s;t had been &s;unke, for it co&s;t him more in charges and lo&s;&s;e of time then ever he recovered. I could in&s;tance 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, e&s;pecially you that are intere&s;&s;ed, and have lent your a&s;&s;i&s;tance and monies unto M. <HI>Peacock</HI> 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 advi&s;e. I would have none de&s;paire, but that you may have your goods, for I a&s;&s;ure you there is great hopes, and the times have proved very fitting and &s;ea&s;onable to that purpo&s;e, yet doe not too much pre&s;ume, God of his mercy &s;end all to the be&s;t, and to your contents.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
