Richard Bowdler, plaintiff. George Morgan, Defendant. This Bill is an humble Petition of Richard Bowdler and William Meggs, that a Report and Decree, thereupon made in the high Court of Chancery between George Morgan and them, and others, and all Fines imposed upon them for not performing of the same to be void, And that an Arbitrement made at the desire of the Parties may be established and confirmed by Act of Parliament for these Causes. FIrst, That Morgan was called to account by Bowdler, by Bill in Chancery, as his Factor, for diverse years; That he might be relieved against certain false Accounts exhibited by him; whereunto Morgan did answer, and preferred a cross Bill against the Petitioners and others, charging them as Partners with matters of Account. The Court by consent of the parties and their learned Council, awarded a Commission to Rowland Backhouse, Robert Ducy, Tho. Morley, Ralph Core, and Ro. Palmer, Merchants of London, with authority to examine and determine these Accounts and Differences, wherein for their satisfaction they perused and considered of all Books of Account, Bills of Exchange, Letters and other Writings produced concerning the same, but because the Commission was returnable before they could conclude any thing, the parties importuned them to end the said Accounts and Differences by Arbitrement, and submitted themselves to their Award by several Obligations of great sums of money, bearing date the 7. day of October 1018. And for the better strengthening of their proceedings in the said arbitrary course. The Lord Chancellor was pleased to grant a Commission bearing date the 19 day of the same month, with power to take oath of the Parties and Witnesses; and to determine the Differences or to certify their proceedings. And his Lordship did write his honourable Letters to five other Merchants to give their assistance, as oft as the said Arbitrators should think sit. And after 160. meetings and exact examination of all Differences and Accounts aforesaid, the said Arbitrators being often aided by the said Assistants, they did find Morgan indebted unto Bowdler in the sum of 579 l. 6 s. which they did Award he should pay unto Bowdler the 6. of April following. And also by their said Award did order and determine what each Party should perform to other, as particularly at large thereby appeareth. Secondly, For that the said Arbitrement being after called in question by the said Morgan by false suggestion that it was partially made: the said Arbitrators being required to certify their proceedings to the Court, did so certify, Answering thereby all Objections, and declaring that William Meggs was no wise chargeable unto Morgan, but that he was unjustly vexed by his said suit: Nevertheless, by Orders in the said Court the said Award was suspended which ought rather to have been put in execution. And the Bonds sealed to perform the same were called into the Court, And all Bonds, Bills, etc. which the Commissioners had received of Morgan were redelivered to him, albeit they appertained to Bowdler as being accounted for before the Commissioners. Thirdly, Because the truth of Bowdler's cause, being a discovery of falsities and misprisions in a Factor's Accounts, could not be so evident by examination upon fixed Intergatories, as it was apparent to the Commissioners that had therein proceeded as afore; His Lordship caused them to certify particularly the Reasons that moved them to make the said arbitrement, which they did accordingly. Whereupon (for that the said Arbitrement was grounded aswell upon examination of Witnesses as upon Morgan's confession and otherwise, And that particular Relation thereof was made by the said 〈…〉 Witnesses but the Cause coming to hearing the 18. day of December then following, by order of Chancerit the said Award and Certificate were made void, and the Commissioners branded with infamy and disgrace without being called to answer for themselves. And without a Bill exhibited to show the defects of their Award, And a new Reference to Sir Robert Rich and Sir William Bird, two Masters of the Chancery, and four other Merchants was made to examine the said Accounts and Differences, but without power to examine upon oath. Fourthly, For that the said Masters and Merchants were directed by the Chancery to proceed only upon proofs taken in Court, and upon Depositions taken before the said Arbitrators and upon Accounts, Letters and Writings, such as could be justified by two Witnesses, (neither Arbitrators nor Parties) to have been produced and allowed before the Arbitrators, which kind of proof was not possible to be made, for that there was none present at the debating of the Cause, but the Arbitrator and Parties whereby Bowdler was bereaved of the benefit of his proofs, and of Morgan's confession, And deprived of the means to manifest the truth. Also the Depositions taken on Bowdler's behalf before the Arbitrators were rejected, but all Depositions on the said Morgan's behalf were allowed; whereupon the said Masters with their Assistants reported, that the said Bowdler was indebted to Morgan in the sum 7486 l. 1 s. 10 d. And the same report was decreed notwithstanding any thing that was offered against it. Fiftly, Albeit Meggs were admitted to supplimentall proofs, and the two Masters were to consider whether Meggs were partner with Bowdler, and whether Meggs his lend Bowdler his credit did occasion Morgan's engagements; and what estate of Bowdler came to Meggs his hands, and when; yet after supplimentall proof made by Meggs and Morgan; The two Masters did certify that Meggs was Partner with Bowdler; and that Morgan's engagements were occasioned by Meggs his assisting Bowdler with his credit: And that there was of Bowdler's estate in the hands of Meggs the sum of 10063 l. 11 s. 7 d. Whereas it is most apparent that Meggs was not Partner with Bowdler in Morgan's employments, Nor that Morgan's engagements were occasioned by his lending his credit to Bowdler, nor that he had any estate of Bowdler's in his hands, but that Bowdler was justly indebted to Meggs in 1500. And it is most clear that Meggs is not to be charged unto Morgan by the custom of Merchants, nor by the Law for assisting Bowdler with his credit; And there is nothing to lead the Masters to conceive that the said Meggs should have of the said Bowdler's estate in his hands the sum of 10063 l. 11 s. 7 d. But this report induced his Lordship to decree, That Meggs should be aswell charged as Bowdler with the payment of the said 7486 l. 1 s. 10 d. And the fifth of December last his Lordship imposed a Fine of one Thousand pounds a piece upon the said Meggs and Bowdler for non-performance of the said Decree; And thereupon a Scire facias hath been Awarded. Forasmuch, As no redress of such Decrees is to be had but in Parliament: The humble Petition of Bowdler and Meggs is, that all the proceedings in Chancery may be declared to be void, And the said Award established by Act of Parliament, to be performed for the Causes and Reasons aforesaid.