George Morgan plaintiff, William Megs, Richard Bowdler, William Turnor, Thomas Ihones, Sir john Bourcher, William Essington, and Robert Barlow, Defendants.  
And betwixt Richard Bowdler plaintiff, and George Morgan defendant.  

1609. May 6. Bowdler, Turnor, Ihones, and Sir john Bourcher, Farmed the Alum works of his Majesty, and Essington, and Barlow, were partners with them therein.  
These men wanting monies to supply the works, agreed that Bowdler, (who had formerly lived at Myddelborow,) and had servants, and Factors resident there, should be the Agent, to procure monies there at interest, and by way of exchange.  
Megs, being Father in law, and Brother in law, to Bowdler, to give aid thereunto, lent Bowdler his name, and credit, without limitation, to take up monies, and subscribe his name to bills of Exchange, whereby Megs, and Bowdler, became as one, And by this means all the defendants, were all, as one joint body, and known both in England, and Foreign parts, by the name of the Alum Company, or of Bowdler and Company.  
1609. Octob. Bowdler and Company, made choice of the plaintiff Morgan to be their Factor at Myddelborow, in their employment, and when ever Morgan's credit would not serve, to procure monies enough to pay their bills of Exchange, and supply their occasions, he wrote to them of it, by directing his letters, to Richard Bowdler and Company, and what ever he wrote of therein to be performed by Megs, Turnor, or any other of them, the same was from time, to time, performed, by them, as if the letters, had been written to each of them in particular, Bowdler being authorized to receive, and writ letters, and to receive and take Morgan's accounts.  
To this end Megs, Turnor, Bowdler, and the rest, weekly charged Morgan with great sums of money by exchange: and to enable Morgan's credit, to take up monies to pay those bills, they sent him several unlimited letters of credit, and procuration, some in one kind, some in another, diverse of them being registered, both in England, and elsewhere, at Public notaries under their hands, and seals, for any man to read, and take copies of that would (as very many did) thereby declaring to all men, that whosoever trusted their Factor Morgan resident in Myddelborow, they all thereby obliged themselves, as principal debtors for repayment thereof.  
This employment of Morgan's being only to pay bills, and to take up monies by exchange wherewith to pay it, was such as must (of Necessity) have, and accordingly had, Weekely, Interchangeable letters and accounts, and every 4. 5. or 6. months (or oftener if the same were required) Morgan sent Bowdler and Company, a general account, comprehending all those former weekly accounts.  
1611. Febr. 5. Morgan came into England, and accounted for all things (for which he had not formerly accounted) and then was made free of London by Bowdler, and received up his Indenture of Apprenticeship, and friends bonds; And Bowdler publicly acknowledged, Morgan's faithful service, which according to the custom of London, is as a release for all time past: And Morgan, by their persuasion, returned back to Myddelborow, into his former employment.  
1612. May. 20. This continued from October 1609. until the 20. of May 1612. that all the partners (but Megs) failed and became, insolvent.  
1612. May. 23. Morgan delivered to Bowdler and Company his last general account, entitled, Bowdler or Alum Account, according to his books of account, and therein set down the particulars of 37794. pounds, 4. shillings, and 7. pence, Flemish money, which is, 22600. pounds starling, then owing by them by exchange, and interest, for the said account, whereof 6251. pounds, 10. shillings, and 2. pence Flemish, which is, 3460. pounds starling, was due to Morgan. And for the residue Morgan was then engaged for them as their Factor.  
1612. May. 29. This account was axamined, and allowed of, and Bowdler sealed Morgan A general release.  
1612. May. 31. All the defendants, but Megs, procured a protection from his Majesty as joint copartners in the Alum business, and that being expired, after procured diverse others successively.  
Morgan demanding payment of Megs, he denied and forswore his hand to all the bills of Exchange produced for above 40000. pound, alleging Bowdler had counterfeited the same, without his consent, or authority, although since, Morgan having paid diverse of those bills, he hath confessed in his Answer to Morgan's bill, that he gave Bowdler leave, and the rather than confessed (because the bills were paid,) but until he had assurance that Morgan had paid them, he forswore all.  
1614 The defendants, exhibited an account to the King as partners in the Alum business, and thereby procured payment of 36100. pounds' starling, besides 50000. pounds received for Alum sold by them, whereof, 15000. pound was for interest, factoridge, and (loss by exchange) therein expressed.  
1615. and 1616. The defendants, ended with their creditors, and all of them appeared to the world (save only Bowdler) who still absented himself.  
1616. Nove. 21. Morgan urging them to pay what was due unto him, by his said last account of 23. of May 1612. and to free him of the said engagements, Bowdler in stead of payment, exhibits his bill in Chancery to be relieved for 3000. pound, error in Morgan's accounts, as he pretended in 1609. 1610. 1611. and 1612.  
1617. April. 7. Morgan exhibits his bill against them all, (as one joint body,) to be relieved of those debts, and engagements, mentioned in the said account of 23. of May 1612.  
The defendants, delay him by Tricks to Answer, some by demurrers, and some by imperfect Answers, and about December 1617. Bowdler and the rest, petitioned to the Master of the Rolls, to have the matter referred to five Merchant's Adventurers, to which Morgan consented.  
1617. Decem. 20. An order and Commission was directed to Robert Palmer, and four other Merchant's Adventurers.  
First, to take the defendants, Megs and Bowdler's Answers, to Morgan's bill to all things whereunto they had demurred.  
Secondly, to examine all parties and witnesses, upon oath, and to hear and determine, or certify.  
Thirdly, that they should forbear to meddle, concerning a bond of 900. which Morgan sealed to Megs (as surety for Bowdler,) and for which he had Bowdler's bond of 1000 pound to save him harmless.  
1617. Decem. 30. Six of the defendants, entered bonds to perform such order of Court, as should be made upon their certificate, by virtue of the said Commission. viz. 

Megs, in 4000 pounds.  
Turnor, in 4000 pounds.  
Bowdler, in 5000. pounds.  
Ihones, in 2000 pounds.  
Essing●●●, in ●000. pounds.  
Barlow, in 2000 pounds.  
Sir john Bourcher promised to perform but refused to seal● a bond as the others did.    
1618. Octo. 7. This Commission expired, and no end made, the Commissioners persuaded Morgan to enter bond to stand to their Award, which he consented to do, Provided, all the said parties, would do the like: whereupon only Megs, Bowdler, and Turnor, sealed bonds to stand to their Award. But, Ihones, Essington, Barlow, and Sir john Bourcher, refusing, (and Morgan disliking the carriage of the said Arbitrators.)  
1618. Octob. 15. Morgan obtained A new Commission, wherein six other grave Merchants were added to those five Arbitrators, with the like directions as the former Commission of the 20. of December. 1617.  
But they refused to proseede as Commissioners, and Morgan being bound to perform their Award, and but only three of the defendants.  
1618. Ianua. 5. They made an Award, and ordered Morgan to pay Bowdler 579. pounds, and six shillings, Also Morgan to cease all suits against, Megs, Ihones, Essington, Barlow, and Sir john Bourcher, because (they say) they neither aught to pay, or perform, any thing to Morgan, yet neither Ihones, Essington, Barlow, or Sir john ●●●●her, did ever submit themselves to stand to their Award: With diverse other things, not referred to them.  
1618. Ianua. 21. Upon motion in Court, his Lordship ordered that the performance of the said Award should be spared, and the cause to proceed to examination of witnesses, and so judicially in ordinary course, and that for these 11. causes (amongst diverse other reasons,) hereafter following. viz.  
First, They never took the Answers of Megs, and Bowdler, unto Morgan's bill, whereunto they had demurred, which was the first thing directed them in their Commission to be performed.  
Secondly, They did never examine any parties or witnesses, during all their proceed, but only john Grenowes, who is Cousin German to Bowdler, (a man deeply engaged for Bowdler.) And being at the same time Bowdler's Factor in other employment, and chargeable for those monies himself, swears to free himself by cha●ging Morgan therewith.  
Thirdly, For that but three of the seven defendants did, or would submit themselves, or seal bonds, to stand to their Award, yet they charged Morgan for all seven of them, and Awarded Morgan to cease all suits against them.  
Fourthly, For that they charged Morgan not only for the 4. defendants, (who never entered bonds to perform their Award,) but also for 3. others, viz. Pasfield, Grenowes, and Aynscombe, Bowdler's Factors, who were all mere strangers, both to the suit, and also to their Award, or Arbiterment.  
Fiftly, They allowed Bowdler diverse great sums which they pretended Morgan received for Bowdler in 1607. and 1608. which is before the time that Bowdler demands relief by his own bill, for his bill is but for pretended errors in 1609. 1610. 1611. and 1612.  
Sixtly, They Awarded Morgan to allow Bowdler great sums, which Bowdler never demanded of him, by his bill, or otherways, and for which Morgan never heard of until after their Award, whereby he could give no Answer to them.  
Seventhly, They allow Bowdler above. 8000. pounds more than ever he demanded in his bill, for his bill is but for 3000. pounds, and they allow him above 11000. pounds' starling.  
Eightly, They awarded Bowdler, Turnor, and Company, to free Morgan from Master Peter Courten and above 40. other of their creditors in all, for above 18000. starling, yet they never mention who that company was: And for those that truly were that company, namely, Megs, Ihones, Essington, Barlow, and Sir john Bourcher, although none of them but Megs ever entered bonds to Morgan to stand to their Award, (or Morgan to them) yet they Awarded Morgan to cease all suit against every one of them by name, and ordered that none of them ought to pay or perform any thing to Morgan.) Yet they never ordered that all they, or any of them should cease all suits against Morgan, neither did they declare that Morgan neither aught to pay or perform any thing to them.  
Ninthly, And for that bond of 900. pound, which Morgan sealed to Megs, for Bowdler's debt, which bond did arise, by reason Megs pretended his bills of exchange to be counterfeited by Bowdler, (with which bond they were in their Commission expressly forbidden to meddle,) Nevertheless, they awarded Morgan to seal releases to Megs, and Bowdler, and thereby Morgan should discharge Bowdler's counterbond of 1000 pound, to save him harmless from that bond of 900. pound, (without giving Morgan any allowance for it.) Yet they never Awarded Megs either to seal Morgan a release, or to deliver him up the said bond of 900. pound. By which means Morgan should acquit his counterbond for nothing, and yet be left liable to pay Megs the 900. pound for Bowdler's debt.  
Tenthly, They Awarded Morgan to pay the 579. pounds, 6. shillings, within three months, yet they limit Bowdler, Turnor, and Company no time to free Morgan from Master Peter Courten, and the other Creditors, which is for above, 18000. pound starling engagements, so as Morgan should first pay his ready money to Bowdler, and then he should be the less able to prosecute law against them for his own money, and to be freed of the said engagements, a great part of which engagements, Morgan hath since been enforced to pay for them.  
Lastly, They never pursued the directions of their Commission in any one particular, but proceeded most erroneously, in diverse other things as well as these, (but all they did, was still to Morgan's prejudice.)  
1618. Ianua. 28. Upon hearing counsel at large on both sides the said order of 21. january was confirmed for the 11. causes aforesaid, and it was ordered that the said Arbitrators should redeliver Morgan all the bonds, bills of exchange, and letters, delivered into their hands by him, whereby to make his proofs in Court.  
1618. Febr. 6. The five Arbitrators wrote to the Lord Chancellor, and went in person to him. And petitioned to him, that they might not certify the particulars of their Award, and used all means they could that their own Award might stand in force.  
1618. Febr. 19 and 22. It was again ordered they should redeliver back all Morgan's bonds, bills of exchange, letter's, and other writings (which they received of him,) yet the Arbitrators would not obey any of these orders.  
1618. Febr. 25. Bowdler informed by petition, that all those bonds and bills so demanded, were either counterfeited or satisfied, by making them paid in Account, And Bowdler procured it referred to Sir Robert Rich Knight, one of the Masters of the Chancery, whether the same aught to be redelivered to Morgan or not.  
1618. March. 16. All the Arbitrators came home to him, and after hearing of all parties, and their council, on both sides, he certifieth, none were counterfeit, or satisfied, (as Bowdler alleged,) and therefore they ought to be redelyverd back to Morgan (according to diverse former orders) whereby to make his proofs in Court.  
1619. April. 15. and june. 16. It was again ordered they should certify the particulars of their Award, which they still refused until Morgan forced them by an attachment, the 20. july. 1619.  
1619. Aug. 5. They certified the particulars of their Award, which was in a certificate of 140. sheets of paper, wherein they allow Bowdler above 8000. pounds more than ever he demanded in his own bill, besides diverse other strange errors, according as are herein formerly expressed: And the better to credit, and countenance the same, they certify, Master William Towerson and Master Ralph Freeman, were privy to all their said proceed.   

SInce which time, Megs, Bowdler, and Turnor, have answered unto what before they had demurred, above 60. witnesses have been examined in Court, after publication, and many hear, and after certificates of Masters of the Court, that the defendants owed to Morgan, and others 37794. pounds, 4. shillings and 7. pence Flemish, which is, 22600. pounds starling according to Morgan's said last account, ending the 23. of May 1612. for which he stood engaged for the said Alum business.  
1619. Decem. 18. His Lordship spent the whole day, both forenoon, and afternoon, in hearing the said Award and certificates, and of all proceed in the cause, And after to satisfy himself and the world, as his Lordship then declared, (although God knows he little satisfied Morgan thereby.) In stead of pronouncing judgement, and a final decree, his Lordship nominated for new Commissioners, viz. 

2. Masters of the Chancery.  
Sir William Bird, Knight.  
Sir Robert Rich, Knight.   

2. Aldermen of London.  
Sir Thomas Middelton, Knight,  
Master Robert johnson,   

2. Merchants of London.  
Master William Towerson,  
Master Ralph Freeman,    
Which 2. Merchants the said Arbitrators had certified were privy to all their proceed in making their said Award.  
These 6. Commissioners assisted with the Auditors of the Chancery, were to examine all the said Arbitrators Award, and the reasons thereof, as also all accounts, letters, and all proceed from the beginning.  
1619. March. 13. After above 30. meetings by them, and three months spent in presence of all 〈◊〉 and their council, And after their often conference with the said Arbitrators, They all 7. jointly certified, that the defendants did owe to their Factor Morgan, and others to whom he stood engaged for them by his last accomp●●nding the 23. of May 1612. the said 37794. pounds, 4. shillings, 7. pence Flemish, which is, 22600. starling, according as had been formerly certified, whereof,  
viz. 3100. pounds' starling, was due to Morgan by foot of his said last account.  
4386. pounds, 1. shilling, and 10. pence, starling more which Morgan had since been enforced to pay of the said engagements.  
14900. pounds' starling more, remaining yet unsatisfied to Master Peter Courten and others all, which makes the said 37794. pounds, 4. shillings, and 7. pence Flemish, or 22600. starling, aforesaid.  
1620. May. 6. This being heard again all the forenoon, in open Court, in presence of all parties, and their Council, as also at other times, neither Party, nor Council, denied the truth of the said certificate, (as by the order appears) but because they endeavoured to shift from being liable to the said decree, Therefore they obtained an order that they might make (new proofs,) by virtue whereof they have after all the said hear, examined many witnesses by way of supplimentall proof, as also they have examined Morgan himself upon many interrogatories.  
1620. june, 19 and 26. After all which the cause being again heard in open Court, in presence of all parties and their council it was finally decreed, that Megs, Bowdler, and Ihones, should pay Morgan 7486. pounds, 1. shilling, 10. pence starling principal debt, due the 23. May 1612. for the general Alum Account, and all interest and damage, as yet respited by his Lordship. Also Morgan is to be freed by them for 14900. pounds' starling engagement for them. And it's not yet fully ended, whether the other four, namely Turnor, Sir john Burcher, Essington, and Barlow, shall be liable to the said decree or not.  
Which decree is accordingly 9 months' since sealed and inrowled, yet no part thereof performed, Megs not being to be found, Ihones submitted himself to the prison of the Fleet, Bowdler appears under protection of a Parliament man, and pays no man, he stands outlawed, and ever since May 1612. he lived either under protection, or in obscurity, and hath conveyed a great estate in trust into the hands of Megs, his Father in law, the Lady Cambell his Mother and diverse others.  
1620. Decem. 5. All process of Court as well ordinary as extraordinary being spent, against the said Megs, and Bowdler, according to the ordinary course of the Court, his Lordship after all according to the usual course of the Court, Fined them two at 1000 pound a man for their many several contempts, and not yielding obedience to the said decree.   

1. FOr as much as the said Megs, partners, and farmers, were all one joint body in the said Alum business▪  
2. For that all but Megs had several protections from his Majesty as one joint company:  
3. For that all of them exhibited an account to his Majesty as one body, and thereby received of his Majesty 36100. pounds' starling, accordingly.  
4. For that the petitioner Morgan's engagements did arise only by being Factor for them all, for that Alum business, as for one joint body.  
5. For that all the petitioners demands appear to be due by bills of exchange in writing, either underwritten, or accepted, by the said partners.  
6. And for that the truth of the petitioners cause not only appears, by a joint report made by 2. Masters of the Chancery, 2. Aldermen of London, 2. Merchants of London, assisted with the Auditors of the Chancery:  
Nota. As also upon many other several Reports, all grounded upon depositions, accounts, and writings proved in Court, and after 6. deliberate hear in open Court, after that they had Supplimentall proof, and examined the Petitioner upon in ●●rrogatories. And the same finally Decreed by ●●e Lord Chancellor:  
THe most humble petition of Morgan is, that the said decree may be established, and confirmed by act of Parliament, and as the said partners were all one 〈…〉 to receive of his Majesty and others, and to engage the petitioner, so they may be as one joint body to satisfy him, and that all their lands and goods, which they are or shall be hereafter possessed of, may be made all liable thereunto.  
And although they have made fraudulent conveyances of their estates, yet if the same be hereafter discovered, that then all such conveyances be made void.   

Here followeth Bowdler and Company, their Objections to the decree, and Morgan's answer thereunto.  
Objection. Bowdler did forbear to examine witnesses because he relied upon the Award, and certificate of the Arbitratorsand thereby he pretends to be prejudiced.  
Answer. From November. 1616. that Bowdler, exhibited his bill, unto the 5. january, 1618. that the Award was made, which is 2. years and a quarter he never examined any man, only john Grenowes, his Cousin German, and after the Award was suspended, and directions by the Court, to proceed to examination of witnesses, and so to a judicial hearing, in ordinary course, which was in january 1618. until the 1. of November 1619. that publication was granted, he examined not one witness: but then Bowdler upon his own petition brought his own cause to hearing, which was in all 3. years and a month. In all which time he might have examined witnesses if he would, if he had had any to examine, (as he had not) only he maketh that a colour for his bad dealing.  
Objection. That all the depositions taken by the Arbitrators, Robert Palmor and the rest, were suppressed, and not read before the 6. Commissioners, namely, 2. Masters, 2. Aldermen, 2. Merchants.  
Answer. They had no depositions (but only john Grenowes) to read for Bowdler; and his depositions were often read and disproved by 2. 3. or 4. other witnesses.  
Objection. By the order of Reference dated 18. Decemb. 1619. it appears, Bowdler desired Morgan might be bound by any Account Bowdler could produce, if the same were under Morgan's S●ruants hand: which was granted, but with this Proviso: That the said Account so to be produced, must be an Account formerly allowed of by Morgan, to be his own account, or else to be proved by 2. witnesses that it was so allowed of by him, which witnesses should be neither Arbitrators, nor parties: and because he pretends none else were present, therefore it was impossible, as he saith, that he should make any such proof.  
Answer. Morgan never did, or will deny any Account, or letter under his own hand, but he will not be bound by any thing under any man's hand that hath been his Servant; except the said Account, or letters, were written or made by Morgan himself, or by his consent, Because Bowdler and Company failed in May 1612. and Morgan then accounted with them, and always wrote out his Accounts and letters himself; and since Morgan hath had no dealings with him, nor given him, or any of them any Account. Besides, since that time Morgan had a Servant, namely, john Quarles, who is Bowdler's Cousin German, (whom Bowdler enticed out of Morgan's service) if he should go frame new false Accounts, and Bowdler say they were Morgan's Accounts, so any man might be defeated of all: And therefore that proviso was justly made in that order.  
Objection. Bowdler allegeth, the Arbitrators certify, Morgan confessed and yielded to diverse parcels before them; which now he denies to allow unto him.  
Answer. Morgan denies any such confession: but if he had yielded to some small matters whereby to have an end of such great troubles; yet now having no end, but more trouble, he hath no reason to yield to more loss than needs must: Besides, all which they certify Morgan did confess or yield unto, amounts not unto 400. pounds.  
Objection. By the decree, the whole debt is laid but upon 3. of the defendants, which ought to have been upon all seven of them, and so the easier paid.  
Answer. Morgan saith, all 7. ought to be liable to pay him; and so desireth that they may, and then they may enterpleade amongst themselves, how to divide the payment thereof.   

SO as if all Bowdler and Company their Allegations were true (as they are most false)  
First, all which john Grenowes deposeth unto, amounteth not unto 1480. pounds.  
Nota. Secondly, all the pretended confessions of Morgan, amount not unto 375. pounds. Both which is but 1855. pounds. And Bowdler by his own bill demands but 3000. pounds. whereof this 1855. pound is part.  
Yet under colour of these false pretences of error, although all amounts unto but 1855. pounds' starling, Morgan hath thereby above 8000. pounds' starling, principal debt, detained from him, due 9 years past, besides all Interest, and damage for the same, which is in all proved to be abo●● 21000. pound starling, besides his Engagements for them to Master Peter Courten, and others, amounting unto 14900. pounds' starling more.