THE MODEST VINDICATION OF JOHN DAY of LONDON, MERCHANT: Unto an invective, false, and scandalous Remonstrance, presented the 2. of July, 1646. Unto the Right Honourable the Committee of Lords and Commons for the Admiralty and Cinque-Ports.  
By JOHN DAY.   peacock 
LONDON, Printed in the Year, MDCXLVI.   

The modest VINDICATION of JOHN DAY of LONDON, Merchant.  
HAving lately seen a Remonstrance presented by John Peacock, at present living in S. Nicholas lane, unto the Right Honourable the Committee of Lords and Commons for the Admiralty and Cinque Ports, having got a Copy thereof, as likewise of his Attestations; which seriously perusing, I conceived it so false and scandalous, that I fully resolved to put forth this my Vindication in print, with a true and full narration of all the passages of my negotiation in his and other men's business, both here and beyond the seas, as likewise his unjust proceed against me since my return, which I will leave to the judgement of the Reader. First, I will set down the Remonstrance truly copied, delivered July 2. 1646.  

To the Right Honourable, the Committee of Lords and Commons for the Admiralty and Cinque-Ports. The humble Remonstrance of John Peacock of London, Merchant, on the behalf of himself and divers other Merchants trading to Flanders.  
SHOWETHS,  
THat your Petitioners having a Ship called the Barak and Deborah, bound from Amsterdam to London, laden with Merchants good to the value of 10000 l. was in june 1645. by one Fowder, Captain of a King's man of Waare, taken and carried into Ostend; whereupon your Petitioners gave Procuration to John Day Broker to repair to Flanders, and there prosecute Restauration of the said Ship and goods, and to that end obtained a Letter from Master Greene to Doctor Walker, than Agent extraordinary for the Parliament in Flanders, unto whom he was to apply himself, and receive and follow his advice. But the said Day contrary to your Petitioners Order repaired not to Doctor Walker till two months after his arrival in Flanders, but broke open the said Letter, and made use thereof to his own ends, to the great prejudice of your Petitioners, who entrusted him in that employment.  
That the said Day for the space of three months or thereabouts continued in a debauched and impious manner of drinking & rioting with the said Fowder and other pyratical Commanders and Seamen then at Ostend, publicly calumniating the Parliamant with vile and reproachful language, as by the Attestations annexed appeareth; and in particular, some worthy Members of the Honourable House of Commons, as will be proved.  
That the said Day contrary to the trust reposed in him, dealt most injuriously with your Petitioners, as appeareth by two Attestations hereunto annexed; And instead of rendering of a just account of his proceed as was expected from him at his coming into England, preferred a vexatious Bill in Chancery against your Petitioner Peacock and the Master of the Ship, where it still remains.  
That the said Day by his keeping company with the Malignant party, and deceitfully complying with them contrary to the trust reposed in him, and by his foul carriage there, was not only a means to keep the said Fowder from having the Arreast awarded by the Privy Council laid upon him, but did also much prejudice the public affairs of the State, and retarded and disturbed the proceed, to the great Encouragement of those pirates and Malignant party, scandal of the Parliament, obstruction of Trade, hindrance of the Customs, and grief and loss of the petitioners and other well-affected.  
Now forasmuch as the premises are not only Damageable to the Petitioners in their private interest, but do contain matter of State and are of much public concernment for the Advance of trade at home, and removing all misunderstandings abroad, to have the said Day that hath been so scandalously Malapert in his Language against the Parliament, and deceitfully false in his trust, and treacherous to the public, to be made exemplary in his punishment, that others may be deterred from the like hereafter.  
The Petitioners humbly pray, that the said Day may be convented before his honourable Committee, And the premises apearing to be true, that he may not only be ordered to give the petitioners satisfaction for their damages, but have open punishment inflicted on him according to Justice.   
Upon which I presently put in a Vindication, the which I have likewise set down being delivered the 9 of July.  

To the Right Honourable, the Committee of Lords and Commons for the Admiralty and Cinque-ports.  
The humble Vindication of John Day of London, Merchant, unto a most false and scandalous Remonstrance of John Peacock the second of July, 1646.  
SHOWING,  
THat your petitioner did go over unto Ostend at the entreaty of the said Peacock and divers other Merchants, as in his Remonstrance is expressed, and there did them faithful service to the uttermost of his endeavours.  
That it may so appear to this honourable Committee, it is most humbly prayed, that in regard of your great affairs your Honours would be pleased to refer the examinations thereof unto any two Merchants whom your Honours shall think fit, or the petitioner is content that the said Peacock shall make choice of any two Merchants, whereby they may examine the truth of the Business and so report unto your Honours.  
That in the Remonstrance he setteth forth divers scandalous truths, producing of attestations, which if should be really Truth, I confess I deserve death; whereas in his prayer he desireth your petitioner might be convented before this Honourable Committee, And the premises appearing to be true, that your petitioner may have open punishment according to Justice, All which is most hearty desired of your Petitioner, That if this Honourable Committee shall think fit, That the Examination of these Attestations, the Conditions and Qualities of the persons of the Attestators, may be examined by some indifferent men, as your Hoshall think fitting.  
Your Petitioner humbly prayeth, that the said Peacock may forthwith declare what other Merchants are complainers against your petitioner besides himself, no man's hand to the Remonstrance but his own, and that this may be with all expedition effected, the rather, in that your Petitioner hath great employments, as the sole printing of the Bills of Prices, to the advance of Trade, increase of Custom, great benefit to the Merchants in general, to the Honour of the City, and to the profit of the State many thousand pounds Per annum, which your Petitioner cannot proceed in, until this vexatious business be ended, the said Peacock being many hundred pounds in your petitioners debt, and seeketh to pay your petitioner with false scandals and vexatious suits, as having arrested your petitioner in Eleven hundred pounds Action, which is still depending in the Common-Pleas  
And your Petitioner shall pray, etc.   
About the 27. of June, 1645. I was desired by M. Peacock and some others interessed in a Ship taken coming from Amsterdam bound for London, by one Captain Francis Fowther that went to Sea with the King's Commission, and brought up to Ostend; I had no great mind to go, but at their earnest importunity, and by virtue of the Procuration, dated the 27. of June, which Procuration followeth in these words: viz.  

ON this day, the 27. day of the month of June, in the year 1645. style of England, before me Abraham der Kinder Notary and Tubellion public dwelling in this City of London, by the authority of the Kings most excellent Majesty of Great Britain, admitted and sworn, and in the presence of the under-written witnesses personally appeared John Peacock, George Coney, Richard Streater, John Freeman, William Carter, Ralph Grafton, James Sotheby, Mathias Eyre, John Gibbs, and Robert Hammon. all Merchants and inhabitants in this city of London aforesaid; The which said Appearers jointly and every of them severally have authorized and constituted even as they do authorise and constitute by these presents, John Day, John Hadgshon, and Robert Jefferey, all three Merchants, residing here in this City of London, being present, and taking upon them the charge of this procuration; Giving and granting unto them and every of them severally, full power and authority, and special Command, for and in the names of them, Constituants, and every of them to claim, ask, demand, recover and receive out of the hands of whatsoever person or persons wheresoever they are or shall be found, all such goods, wares, merchandizes, and other things whatsoever, as they constituants and every of them jointly and severally are to have, and unto them are belonging and appertaining, the which were laden in the months of May and June last at Amsterdam in Holland for this port of London, aboard the ship called the Barak and Deborah of London, Mr. William Rous, and afterwards taken in Sea by Captain _____ by him brought into Ostend in Flanders, of their Receipts to Pass Acquittances in due form, and in the whole to pass all such acts; instruments and notes as there unto shall be needful and requisite; And (if need be) to prosecute the Recovery of the premises before all Lords and Magistrates against whom and for what occasion the same may be, to agree, compound, etc. And further (aswell in Law as without) to agitate do and leave undone as in and concerning the premises shall be needful and required; And as they Constituants might or could do, if they were personally present, with power to substitute one or more Attorneys in their steads, And they Constituants and every of them aforesaid do promise to hold for good firm and of value all and whatsoever by their said Attorneys and every of them and their substitutes shall be done and procured in the premises; To stand to the Law and perform what shall be adjudged (if need be) salvo sibi in omnibus justo computo inde reddendo.  
Thus done and passed in this City of London in the presence of Hillary Ashton and Edmund Webberley as witnesses hereunto called. And they Constituants have here subscribed with the said Witnesses; were subscribed John Peacock, Ralph Grafton, Richard Sedgewicke, Factor to Mathias Eyre, John Gibbs, Hillary Ashton, Edmund Webberley.  
Haec praesens Translatio concordat substantial. cum sue originali.  
Ita attestor, Abraham der Kinder Notar. Public.   
By which you may perceive the power given me, and at the same time received from Peacock, his instructions truly here set down directions under his own hand writing by him confessed before M. Stephen Burton, M. Thomas Browne, M. Lucas Luce, all known Merchants and honest men, being our Arbitrators, as hereafter shall more appear, viz.  

Directions how to buy in the goods of John Peacock, in case you cannot recover them.  
London this 27. of June, 1645.  
The Pot-ashes at 6. gl. or 7. gl. or 8. gl. the C. or 9 gl. or the whole 6. Fatts at 600. gl. or 700. gl. or 800. gl. or 900. gl. 
4 KP.   
The Oil at 30. gl. or 35. gl. or 40. gl. or rather than fail 50. gl. per Hogshead: or if they will sell by the Am at 25. gl. or 26. gl. or 27. gl. or 28. gl. or 30. gl. per Ame. 
4 KP.   
The Mollasses at 120. gl. per ton, or 125. gl. per ton, or 130. gl. per ton, 
4 KP.  or 140. gl. per ton, or 150. gl. per ton. The ten Hogsheads and the little Barrel makes two tons and an half, or it the utmost 7. gl. 10. st. per C.  
A Fat of Wire the Ring at 20. saint. 30. st. or 40. st. or the whole Fat 320. gl. or rather than fail at 350. gl. or if they will sell it by the C. at 20. gl. or 30. gl. or 40. gl. per C. 
No. Pl. 15.   
This Fat of Wire at the same prices and conditions. 
No. Pl. 15.   
The biggest bundle of small Wires at 20. saint. per Ring, or 30. st. or 36. st. per Ring, or the whole bundle at 80. or 90. gl. or by the C. at 20. 25. 30. 35. or 36. gl. per C.  
The lesser bundle of lose Wyer small, 20. st. 30. st. or 34. st. per Ring. or 60. or 70. gl. the whole bundle, and as the former bundle by the C.  
A Fat of Iron Wier at 30. gl. or 40. gl. or 50. gl. per C. or the like by the pound. 
4 No. KP. 6.   
Four Bundles of lose Wire at 12. gl. or 13. gl. or 14. gl. per C.  
The Fat of Iron Wier at 20. saint. or 40. st. per Ring, or 20. or 30. gl. or 40. gl. per C. 
4 No. KP. 5.   
Ten Hogsheads of brimstone at 8. 9 or 10. gl. per C. 
4 No. KP. 6. 11. 4. 9 1. 26. 22. 21. 5. 2.   
The Goatskins at 7. gl. or 8. gl. per Dicker, that is, every ten skins.  
And claim the Ship for me John Peacock, and John Freeman, and buy it at 300. l. or 350. l. or 400. l. with her Rigging, and all other Tackle.   
After my arrival there in that place, I enquired what goods were unsold, what and unto whom sold, I used all possible endeavours to buy those that were unsold, applying myself to die said Captain Francis Fowther, and did so temporize with him, that I bought the Ship, and most part of the goods that were unsold: And afterwards I went to Master john de Lavillety, who had bought most part of M. Peacock's goods, told him, I came from the Proprietors to challenge the goods, I understood he had bought great store of them, desired that I might have them at moderate prizes, being it was for the owners. He replied, that what he had bought was for divers other men that lived out of the Town, and the most part he had sent away; for what was in his hands he would advise them, and use his endeavours to persuade them unto reasonable profit. I am persuaded, had I come one week before, I had bought all the goods for less than one third part of what they cost. I went to advise, whether there was no course to be taken to arrest the Ship and Goods, and was informed there was none: howsoever I would very feign have tried. For within three days after my coming, I did see a Fat of Kettles going aboard of a Billander for Bridges, presently went to the Bailiff of the Town, desired him to lay an Arrest upon it, promising him, he should be well contented; but he told me he durst not: then I offered him 100 gil. With that he went with me to the Burgomaster Eggelston, who was Deputy for the Admiralytite of Dunkirk, shown him my Procurations, told him I was sent over expressly in the behalf of the Proprietors: he answered me very mildly, that the Ship and Goods were condemned at Dunkirk for Prize, and that that Town was subordinate to the Admiralty Court of Dunkirk, they had no power to disobey their Commands, and indeed he said durst not: it was not only the loss of the place, but something else. I desired him to advise me what I had best to do; he told me there was no other way but to go to Brussels to the Supreme Court there; if I could procure any Order from thence, he would be ready to do me all the favour that could be. The 30. of June the same day I arrived, I advised Peacock himself, as likewise the 10. of July and the 5. the Answer of which was dated here the 11. of July, which Letter will be very material to be inserted, and hereafter followeth in these Words.  
Luis Deo. London this 11. July, 1645.  
LOving friend M. John Day, Salut. Yours of the 30. of June primo Julii and 5. Ditlo I have received, and see you have drawn upon me 300. l. upon three day's sight. I have acccepted your Bills, and I will see to pay them. I hope you have bought more of my goods, I wonder things should be gone so suddenly. And if the Captain could be got out of Ostend in any other Town, sure Law would take place. Pray be wary and not buy the Goatskins too dear, for I fear they be spoilt with lying, the worms will eat them up. Were I there and could any way learns which way any of my goods were gone, I would follow and arrest them. At Ostend they are Rogues altogether, see if the Brimstone be to be had, and buy it, for I need it. If you cannot have all, buy these 4. Hogsheads; seem to make no choice, but choose these 4. Nomb. 4. 6. 9 11. And though you give 12 gl. per C. If you have not bought the Goatskins buy them not higher them 12. saint. per skin. I cannot understand what you have bought the Lin-seed Oil for. It may be some of them are leeked out, and so we may pay more than they are worth. Sure if you inquire all the goods will be yet in Town. I pray you be not so hasty to come home, but go to Walker and inform him, and hear what advise he will give you and us to help ourselves, for to lose our goods in a friend's Country, this fashion is very absurd. You writ me in your letter that you have drawn 300. l. at usance and 8. days. But your Bills are at 3. day's sight, and you never, writ to any one at what price you have drawn, assure yourself we know the price how the course goeth. M. Hudson writes you have bought in the Linseede Oil at 50. gl. per the hh. If you have, it is above my Order. I hope to see you have gone under Order, but not above. By all means see to get it under hand, who bought all my goods, or inquire it out diligently who bought my goods that are gone; And more, pray what goods is bought or what goods there is there for London let be Laden for London. And let the Master's Mate bring the ship over, if they will not suffer the Master to have to do 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 pass not to be molested by any now. But howsoever there is no coming without Convoy in respect of the French; Therefore let them stay so Convoy if you do mean us any good. Pray freight out ship off and when she is full whom you please: I have spoke about the Beaver wool, this was exceedingly cladded together, if it be so cladded, it is not worth above 10. s. if as good as this and not cladded. 15. 16. 17. 18. s. per l. And for S. Michael's Woad, M. Ramsey saith, that it is worth from 6. s. to 12. s. the 100 You know the goodness, he saith, if but mean, I hear it will yield 7. or 8. s. not else. Pray give M. Lavillety Bills upon S. Daniel Le Brum of Antwerp for his 300. l. or what more you shall need for my account, and so send me a note from M. Lavilletty to me to receive these Bills in, and let him have his money at Antwerp; Not else in haste, God keep you.  
Your loving friend, John Peacock.  
By which you may perceive, that he had received my three Letters; in that of the 5. of July I had advised him at large of all what passed, desiring him to take some course to ease me of my employment, being very sorry I undertook it; and for my part I was resolved not to stay. He answered me in these words, I pray be not so hasty to come home, but go to Walker, and inform him, and hear what advice he will give you and us to help ourselves, for to lose our goods in a Friend's Country this fashion is very absurd. Now here was a contradiction to my desire, which was, to return home, according unto my promise to him and the rest; for though I took an absolute Procuration from them, yet I did declare myself that I could make no long work of it, and that I would not stay there above five or six days, and that by no means I would undertake any Lawsuits, and that they should give me 10. l. towards my charges, and that if the Ship and Goods were not sold before I came, and that I did buy them, they saying the Ship and Goods were worth 10000 l. I would be contented with 3. per C, but in case that they were sold, then to have such satisfaction for my expenses and loss of time, is should in reason be thought fitting. After they had verbally promised this, I considered with myself that I went upon uncertainties, with all the great loss that might be in my employments. He prayed me to go how soever, I should be well contented to my own desires, as by this will appear.  
WE under-written do confess, that about the 27. of June last, That M. John Peacock did come unto John Day upon the Exchange, asked him if he were resolved to go for Ostend: John Day seemed very unwilling, saying, He was loath to go, fearing he should do you little good. Upon which M. Peacock answered, Go howsoever, you shall have satisfaction to your own content, or words to that purpose.  
Thomas Stone. 
 Thomas cowel.  
Upon which faithful promises I departed that night, and used such diligence, that five days after I came to Ostend, as formerly declared. In this Letter of the 11. July, 1645. he adviseth, that he had accepted my Bills of Exchange of 300. l. and would see to pay them. In my Letter of the 5. I advised him, that I had drawn upon him at 3. day's sight 300. l. but wished him by all means to send me a note from M. Luce, whereby I might recover the moneys which he did not do: M. Lavillety would undertake no further than he had Baiard in the stable, which if I had done so, I had never run into this inconveniency. You may be pleased to observe, that Ostend is a Town of little or no trade, only a Garrison for Soldiers; And all that time the only Rendezvous for Pirates. There's no exchange nor moneys to be had, but what is sent per Post or other wise for Antwerp or Lile, which at that time was so dangerous, that scarce a Post could ride, for the Duke of Lorraines forces lay between Bridges and Gaunt upon the one side of the River, and the Prince of Orange on the other, between Ostend and Lile, the French lay about Iper and those parts, so that for divers days no Post came. Captain Fowther was very earnest for his money, I told him the reason was, no Post came; About the latter end of July there came a Post and brougth some moneys, but not all, about 1600. gl. wished M. Lavillety to pay M. Peacock's account 1400. gil. Which was done accordingly, faithfully promising unto the Captain by the next post to pay him all, as indeed I had done, if I had recovered money to have done it withal. The next week before the Post came arrived 〈…〉 ●…helwell with Procuration from Doctor Walker and arrested ●…ptaine Francis Coleman and all the goods that he could meets with, that were not delivered nor paid for; what moneys were any way owing unto him, and would have arrested Cap. Fowther, but he saith since, that I conveyed him away. The next day the ship of Fowther, as like wise all goods and monties that were any way due or belonging unto him, he arrested in M. Lavillety his hands and in my hands, what moneys I owed unto Fowther, I got a copy of his Procurations, the Doctor's Remonstrance, and the order for the arrest, came for England, acquainted the Merchants, stayed some ten days, and at the entreaty of the Merchants went over again, for indeed I could not in Conscience leave the Business so imbroild, but before I went bacl was commanded to attend the Honourable Committee of the Admiralty, where I appeared and some Merchants with me, where it was desired that their Honours would be pleased to write unto the Agent Doctor Walker to accommodate the Merchants in what he could for recovering of their goods, one of the Honourable Committee asked me, if I knew M. Thelwell? I answered, yes; another asked me, what I thought of him? I told them in plain terms, that he was a man very urfit for any Honourable employments. I went the next day bacl for Flanders, where I used such diligence, that within six days I was at Brussels, but before my coming about six hours M. Thelwell had received a letter from a friend of his, that belonged to the Committee, shown me the letter and who wrote it, but the party hath since denied it, and shall be no more questioned by me, but whosoever he was, he did somewhat enlarge in his Relation. Thelwell so soon as he had received his letter, told the Doctor that I had abused him sufficiently before the Committee, but it was no great matter, for I had abused his worship, speaking strange scandalous words of him before M. Bailey of Bridges and others, the next morning coming before his Worship, after I had done my duty, and presented his Worship with some letters, began to be very angry, ask me what offence he had ever done me, that I should abuse him? I admired what he meant, protested unto him, I never had any reason to do it, he told me, he could prove it, I answered, I should be ashamed to look him then in the face, called M. Peter Thelwell, asked whether I had not abused him in words, replied, yes, I demanded when and before whom, he said at Bridges, before M. Bailey, told his Worship, that I was certain M. Baily would not justify any such thing, knowing that I had better breeding then abuse a Gentleman of his quality, especially one that I never saw in my life before, desired M. Baily might be sent for, who then was in Town, and lay but hard by: At my entreaty he sent one of his foot boys for him, before his coming his Worship had occasion of other business, next day invited me to dinner, M. Thelwell invited M. Baily, where we were very kindly used, after dinner he told me, that he was very well satisfied I had not spoken ill of him, I desired his favour in Respect of the Merchants, he bid me comply with M. Thelwell I should find him very ready, knew not well what do; M. Thelwell, having had so late notice of the words spoken of him, howsoever I confess the words, M. Baily made us both friends; After we had drank together, than we came to a Treaty, M. Baily was very helpful unto us both. It was argeed between us and allowed of by the Doctor before a Public Notary under the seal of Brussels bearing Date: which Agreement I have extant, by which it was underhand agreed, that I should pay unto M. Baily 60. Pistols, which I was contented to do, with this proviso, that if I did not recover the Ship and goods my obligation was to be of no validity. I thought myself certain all was right, but coming to Ostend showing my Council the agreement, they advised me to go to the Burgoemaster M. Eggleston, who told me, he could not deliver the ship and goods without they were praized, unless it was agreed between the Agent that pretended interest, and Captain Fowther, that they were both contented with a certain Sum be it little or much he would accept it, otherwise it would be a long and troublesome business, there was no remedy, but I must back again, came to Gaunt, where I found his Worship and M. Peter Thelwell, repaired unto them, told them the occasion of my return, desired there might be no further delays: Doctor Walker promised me very fair stillbade me comply with M. Thelwell, I came thither about the fourth of October, being upon a Friday or Saturday, we met, where we compared notes, and I told him that the Proprietors who had trusted me, would expect some accommodations for their great charges, besides their extracted loss other ways, and that my loss of time was precious, I entreated him of all friendship, that things might be accommodated so for as if possible they might give content, he promised me he was sorry that the Burgomaster of Ostend would not follow the order he had given, and because it shall appear to the world my sincerity, I have translated that agreement with the Procuration given by Doctor Walker by Master Thelwell, dated the eleventh day of September, 1645. which Procuration I have also thought fit here to insert, viz.  
On this day, the 11. of the month of Septemb. in the year 1645. before me jacob Van Bossuiit Public notary by the Sovereign Council of his Royal Majesty in Brabant admitted residing in brussels and the witnesses hereafter named personally appeared the worshipful Peter Thelwell as being constituted and authorized especially to the Causes here under written by the well learned Walter Walker Doctor in the Laws Prolegate of the Parliament of England, according to the contents of the instrument thereof, being dated the third day of August last passed, subscribed by the said constituant with his sign and seal hereupon imprinted in red wax, now showing and appearing unto me Notary, and the said Appearour, hath by virtue and according to the power of the said Procuration declared even as he declareth by these Presents to consent unto john Day Merchant in the City of London in England aforesaid, as appointed and authorized by M. John Peacock, George Coney, Richard Streater, John Freeman, William Carter, Ra. Grafton, james Setheby, Mathias Eyre, john Gibbs, and Robert Hamon, all Merchants and inhabitants in the said City of London: That the said john Day in the said quality, forasmuch as it may concern him, appears in his said Quality, notwithstanding the Arrest made by him Appearor upon the goods hereafter written by the person of Peter Thelwell, may take up under sure and sufficient bail by him put in the goods and wares hereafter written, to wit, the Ship and what belonged unto her, four chests with blades for Rapiers, two of them marked with the letters ME. and the other two with the letters R.G. Item in hundred and twelve Bales of Anniseeds marked with the letter L. Item four Cases with Skrewes of Pistols marked with the letters J.G. Item two cases of Bever Wool. Item four small barrels of Quicksilver. Item two cases with Salsaperilla, marked with the mark R4. Item one small barrel with Mace, and a number 1 ww. of Goatskins, besides two Cases with Shrews of Pistols, one small case with Locks for Pistols; All the which goods are lying at Ostend Sequestered by the Lords the Committees for the Admiralty of Dunkirk by Order of His Royal Majesty in his private Council Dated the fifth day of August last passed, and that in divers places within the said City of Ostend thereunto appointed by the said Lords Committees, and came out of of the Ship Barak and Deborah, whereof was M. William Rous of London taken in Sea by Captain Francis Fowther and by him brought into Ostend in Flanders aforesaid, the said goods being of the said Arrest and he appear our consenting to the said John Day or his Order hereof this present Act, for according to the power thereby to prosecute the recovery thereof, with putting in su●…ty of one hundred pounds' g●… once into the hands of the said Committees through the person of M. john de la Valette Merchant in Ostend, Promising to hold the same consent, for good and of value under Bond of his and his Constitutors Persons and goods present and to come. Thus done in this City of brussels in the presence of H●…bert Ʋander Meulon, and Paul Bailie as Witnesses hereunto called, and the Draught thereof was subscribed by the said Appearours with me Notary. Quod attestor, was subscribed Jacob Van Bassuiis Notar.  
You may be pleased to take notice, that this Procuration was mended at Gaunt afterwards by Master Thelwels' consent, something being added, and likewise in Latin I set down Doctor Walkers Procuration unto Master Thelwell, which bred all this confusion. M. Thelwell promised me to do what I would desire, but I must give him 80. Pistols, besides the 60. Pistols that I formerly promised to pay unto M. Bailiffs more, that I should promise him as hundred Pistols, to clear Captain Fowther from Arrest, the which I would not yield unto conceiving that no Agent should make any such unjust demands to the prejudice of the honest Merchants. This was his demand about 6. of October following.  

Copia Mandati.  
UNiversis ad quos pervenerint presentes, salutem. Ex remonstratione facta Domino Regiper nos Walterum Walker Legum Doctorem Prolegatum Parliamenti Anglia, ordinatum ost de Sequestratione bonorum in quadam Navi, cujus erat Joannes Tomason Magister nuper de facto intercept' & vi●…lenter occupat' per quendam Capitaneum Coleman, & de arrestatione corporis dicti Coleman pro cautione interponenda de omnibus bonis dissipatis prout in ordine continetur, Quid tamen no● Prolegatus antedictus ad Dankerkham, & Ostend, & alibi pro pr●…ratione executionis dicti ordinis cōmode itinerarinon possumus, constituimus, & per praesentes nominamus & constituimus dilect●m nobis in Christo Petrum Thelwell Armigerum, nostrum Procuratorem, Actorem, & Factorem, tam qaoad pramissa, quam quoad omnes alias causas & negotia in absentia nostra, nomine nostre, vel pro nobis expediend', damusque & concedimus eidem Petro Thelwell potestatem generalem & mandatum speciale, de agendo, faciende, & procurande totum & quicquid & omnia & singula quae nos si praesentes personatitor interessemus opud Dunkerc vel Ostend. vel aliquo alio loco expedire facire vel procurare possemus.  
In cujus rei testimonium manum nostram praesentibis opposuimius. Datum Brussellis tertie die Augusti, 1645. Signatum Walt. Walcher. Prolegatus Parliamenti Anglia cum sigille rubre ad lntus impresso.  
Concordat cum originali.  
Quod attestor, Van Bossuiit Notar. P.   
Presently I wrote to Doctor Walker, to desire him to stand for the good of the Merchants, acquainted him with the proceed of M. Thelwell, desired him for God's sake that they might not suffer in their estetes; he would not answer my Latter 12. of Octber; returned to Ostend, intending for England, came to Ostend the 15. the 16. I wrote unto Master Peacocks, the Copy of the Letter hereafter followeth in these express words.  
Ostend, 16 October, 1645.  
MAster John Peacock, Loving friend, I came hither last night from Gaunt, where I had been with Master Thelwell eight days to have composed your unfortunate business, and in conclusion effected nothing, his demands being beyond my expectation, far beyond his deserts, 80. Pistols to be paid presently, 60. Pistols to pay Paul Baily, 100 Pistols to release the Arrest upon the person of Cap. Fowther, though not yet arrested; I could not find Pistols to sheet off so fast; I am in such a straight, I know not what to do. My resolution is, God willing, to write no more to you: expect an Answer of this, so to return, in the mean times, I pray speak with the rest among you, appoint some body either to come hither to discharge me, and to look after your goods, or order me or deliver over your Procurations to whom you will appoint, for I take God to witness, I am so weary of this business, that I wish to have given 50. l. out of my own purse, that I had never come over, or advise the rest of the interessed to take some speedy course, that you may not be cozined of all, I have writ to the Agent, desiring him to be assistant unto you, whereby you may be fairly dealt withal; truly he is a very honest gallant Gentleman, and one (as I conceive) will do no unjust act; but there is one again with him of a broken fortune, M. Thelwell, that looks nothing more, but to enrich himself by other men's losses. I could be larger in writing of very strange passages, but dare not, remembering well where I am, that for small matters make nothing of kill men, but God bless me with safety to returns, I shall declare to the Honourable Committee, and to the Merchants, the true state of the business here. I have written to M. William Christmas, I wish you to confer with him, with my love remembered.  
Yours to command, john Day.  
Postscript. I received by the last Packet not a Letter from no man, forget me not, I do not you. Here is a report that a Dagger Boat lately gone out with 6. Guns is taken and carried to London, the Captain's name Hooker, a gallant man, his crew answerable to himself, that these Parliament dogs that he can take, God damn him shall overboard, or else carry them to Algiers. Here are many brave Captains, not to compare to this. I pray remember my service to Captain Cramley, if he be taken, he can and will take some course for his safety.  
By which I advised him of my fruitless voyage, stayed at Ostend three or four days, in that interim Coleman was released, had notice of other goods that were conveyed away, as plats which were conveyed to the hands of M. Christopher Meystron● for the satisfying of a Bill of Exchange of M. Thelwell. After advise I saw apparent, that there was an absolute agreement between Humbleton and Thelwell to cousin the Merchants of their estates, went to the Burgomaster Eggleston, acquainted him of their purpose: he told me that he could not help it, he had released Coleman by virtue of M. Thelwels' Procuration from the Agents I told him I was very confident our Agent had no notice, nor knew thereof; he bade me acquaint him, if he would send any contradiction, he would take such care, that the Merchants should not have their goods embezzled.  
Whilst I stayed there, I was so cruelly tormented with Rous the Master of the Ship, in that I had not in all that time cleared the Ship, and did keep such a quarter with me, as by this Certificate will more at large appear. I set it down, because he had sworn the contrary in his Answer, viz.  
WE whose names are here underwritten, do testify for truth, that about four or five months passed at Ostend Master William Rous Master of the Barak and Deborah, did can plain unto John Day being then at Ostend of his long delay is not clearing the foresaid Ship, that the said Day did declare, that he could not help it, but said, he did it for the best, and hoped to save the owners some money; that if the said Rous would give him a note of his hand, whereby the said Day might not be damnified, he would presently go with him to M. Livillety, and give him the money to clear the said Ship, or words to that effect, that the said Rous denied so to do.  
21. Jan. 1645 Henry Batten. 
 George Blake.  
I knew not what to do, at last I resolved (though it cost me my life) to go once more to Doctor Walker, and to acquaint him with Thelwels proceed, arrived at Gaunt the 22. of October, where I advised Master Peacock, the Copy of the Letter I have here set down.  
LOving friend, this Letter I could not send by the last Packet, since yours of the 3 wherein you writ you find little performance; for God's sake come over, or send some that can do more. You would have M. Rous his Ship cleared, D. Walker saith not, he hopes to got it for nothing, but what is already paid, I wish it were so. Captain Fowther is in a manner contented with 1800. Gilders, shall I pay or deposit 2600? M. Rous is impatient, I cannot blame him. What between M. Thelwell, you, and your Skipper, makes me almost mad. Tomorrow for Brussels once more, to bring a period, if possible. Howsoever expect as abovesaid. So resting,  
John Day.  
The 24. I came to Brussels, lodged at a private house, sent unto Doctor Walker a Letter, wherein I humbly desired his Protection, that I might come and go unto him without any danger of my life, by reason of M. Thelwell; that I had business of concernment to declare unto him: he sent his Secretary, who told me, that I might freely come and speak with him. I did so. But for fear of the worst, I took a Soldier with me for my guard. Who coming before Doctor Walker, I truly related what Thelwell had done, in releasing out of prison Captain Coleman, in the cozening the Merchants of their money and sharing it amongst them; the taking of Merchant's goods out of the warehouses, converting them to their own use, as plats; M. Thelwell confessed before Doctor Walker, that he had and was to have 3000. gil. as likewise the taking out of the plats, but said, it concerned me nothing, I had nothing to do with any of those goods that were taken by Colemen: I replied, and shown an Order from Master Fr●…man for five Fates, withal telling him, that if I had not that, I was fearful he might as well do some dishonest act, to the prejudice of the Merchants that I was entrusted for. After many words, he told Doctor Walker he had put in good security to the Parliament for any thing that he should act. I desired Doctor Walker to ask him who was his security, he said his cousin M. Thelwell the Parliament man and his cousin Charles Loid, I told Doctor Walker, that if he could make that any ways appear, ● should rest satisfied, would presenly departed for England well contented, and trouble him no further, he then told Doctor Walker he had it under his Cousin Loyds hand, he would show it him the next day, I must truly confess, that Doctor Walker did seriously protest, that he knew not of any of those passages, neither the releasing of Cap. Coleman, the sharing of the money, nor taking of any goods, I humbly entreated him, that he would be pleased to give a little note of his hand to the Burgomaster of Ostend for preventing of the further knaveries, and security of the Merchant's goods, which he would not do, the next day I came to him, desiring to know whether M. Thelwell had showed him the letter from his Cousin for security, he told me he had not, neither did he beeleve, he had any such, I advised the Worshipful Alderman Kenricke who was interressed in the money, that was so shared as likewise M. William Christmas with divers others thereof, the 30. of October I presented an humble Petition unto Doctor Walker, the Copy whereof I have truly set down in these words.  

To the Honourable, Walter Walker, Doctor of the Law, Agent Extraordinary for the Honourable Parliament of England.  
The Petition of John Day, Merchant, in the behalf of Jo. Wood, Rowl. Wilson, Jo. Frederick, Jo. Peacock, and divers other worthy Merchants of London.  
Humbly showeth  
That your Petitioner was sent over into those parts by the Merchant's abovesaid, with full power and Authority attested by the seals of London and by Public Notaries Authentic, as likewise with a Letter of Credit unto your Honour for your assistance for what your Petitioner should require concerning the Ship and goods of the Barak and Deborah M. William Rous M.  
May it please your Honour that your Petitioner hath been most unjustly retarded these nine weeks by M. Peter Thelwell and yet is, which hath been by a power, that your Honour gave him Dated the third of August last.  
By which power the said Thelwel hath cunningly and underhand done divers strange things to the great prejudice of the Merchants, and to a very ill example, as the releasing out of Prison Cap. Coleman, taking Merchant's goods out of the Warehouses; all which hath been done without your Honour's privity and consent, as your Petitioner verily believeth.  
For prevention of the future, let M. Thelwell without delay put in very good security such as your Honour and your Petitioner shall think fit that nothing shall be done to the prejudice of the Merchants. Or else  
It is most humbly prayed, that your Honour will be pleased take from the said Thelwell the Order or procuration. Dated as abovesaid, or at least give Order under your Honour's hands unto Signior Eggleston Burgomaster of Ostend, that he should not suffer any goods of the Merchants arrested, either the goods taken by Captain Coleman, or Captain Fowther to be delivered out to any man without your further Order.  
And your Petitioner shall pray, etc. john Day.   
By which means you may plainly perceive, that I did to the uttermost of my endeavours desire Doctor Walkers assistance for the safety of the Merchant's goods, and withal I told him, that I understood Giles M. Thelwells man was to go for Ostend, and of what dangerous Consequence it was, desired of him to give me two or three lines under his hand, to send to the Burgomaster, he would not, but called for M. Thelwell, and asked him why he did not make an end with me, he told Doctor Walker, that I demanded more goods than I had procurations for. I told him, that my Orders should show the contrary, he told Doctor Walker, that if I would leave my Procurations and Orders with him, he would peruse them, and what I had Order for I should have; Thereupon I delivered him my Procurations, came to him, two or three days after to know his pleasure, he would neither resolve me what he would do, nor give my Procurations again, but bid me come by them as well as I could, upon which I Petitioned Doctor Walker again, the Copy whereof followeth in these words viz.  

To the Honourable Walter Walker Doctor of the Law, Agent extraordinary for the Honourable Parliament of England. The Petition of John Day, Merchant, in the behalf of Jo. Wood, Rowl. Wilson, Jo. Frederick, Jo. Peacock, and divers others Worthy Merchants of London.  
Humbly showeth  
THat as yet he hath not received any satisfactory answer from M. Peter Thelwell, concerning the Petition in the behalf of the Merchants given unto your Honour the 30. of October 1645.  
May it please your Honour, as you always have been inclined to do Justice, and that deluyes are hateful unto you, your Honour will be pleased forthwith if it be with your Honours goodlikeing to call in your Procuration, Dated the third of August last passed, wherein your Honour did absolutely Authorise the said Thelwell to arrest the person and goods of Captain Coleman and Captain Fowther, which Authority your Petitioner knoweth for certain, that the said Thelwell hath lately much abused, and without your Honours speedy redress the Merchants are likely to be very much Damnified.  
That the said M. Thelwell hath and doth to the great prejudice of your Petitioner, especially to the Merchants interessed, detain in his Custody the Procurations and special Commissions given your Petitioner, from the said Merchants, having been a loving way often desired to restore them, aswell before your Honour and your Secretary, as divers others, which he doth most unjustly deny to deliver, so that your Petitioner is very confident that he hath some ill intent.  
Your Petitioner well knowing how tender you are of your Honour's reputation lest any thing should reflect upon your Honour, your Petitioner humbly desireth you will be pleased to cause his said Procurations and Commissions to be restored, and by your Honour to be enabled to prosecute the said Procurations according to their true intent; That your Petitioner shall act nothing, nor receive any goods, but such as he hath absolute authority to receive, and for which he will be responsive, otherwise your Petitioner is resolved forthwith to go for England, to give a just and honest account to the Honourable Committee and the Merchants, that your Petitioner may go with the more courage.  
It is most humbly prayed, that your Honour would be pleased out of your wont goodness to give unto your Petitioner a note under your hand to the Burgomoster of Ostend, that none of the goods arrested, either the goods taken by Cap. Coleman, or by Cap. Fowther, shall not be disposed of to any intent whatsoever, until your further order.  
And your Petitioner shall pray, etc. JOHN DAY.   
At last I got my Procurations and Writings, but not until I understood his Honour was resolved for England: To pass by many dilatory premises, Thelwells intention of murdering me, and had done it basely, had not his man and M. Dinse, Doctor Walkers Interpreter, prevented him, who stayed him as he was running at me with his drawn Rapier, as I was standing by the fire side.  
Now I will leave him, and come to Doctor Walkers voyage for England, which he having resolved of, I intended not to leave him, waited upon him to Dunkirk, I passed by Ostend to inform myself whether any thing had lately passed, desired master Rous the Master of the Ship to come presently to Dunkirk to speak with D. Walker, who did so; we desired D. Walker that we might have leave to clear the Ship, that he would be pleased to take off his Arrest, and to take his power which he had formerly given unto M. Thelwell, back again, which he would not do. I was advised to send a Notary to protest against him for all damages that might happen to the Merchants, did so, the 10. of November, 1645. upon which he said he would take away his Procuration from M. Thelwell, and would have a care that nothing should be acted to the prejudice of the Merchants, until further advice from England. I still urged him for is none to the Burgomaster, but could not have it. I told him plainly (I did conceive) he did beyond his Commission, for to my knowledge he was desired to be assisting to the Merchants in what they should desire, and not to seek to destroy them. Whereupon he was very angry. So I being resolved to go for England, yet I prevailed with him to go to  ' Clausons', one of the Judges of the Admiralty, with M. Thelwell, unto whom he did speak in Latin, declared, as he told me in English, that he had taken away his Procuration and that he had desired nothing might pass to the prejudice of the Merchants; I did go with a special friend unto Seig' Clausons' that evening, and desired of him to know, Whether that the Agent had said was effectual to prevent M. Thelwell, that he could do nothing to the prejudice of the Merchants, he told me, what the Agent said to him was but words, and would avail nothing, for if he should aver he had said so, the other might deny it, which was but Pro and Con. By all means I should got a note of his hand, I went to the Agent about it, but he would do nothing, the next day took Shipping, arrived the third day in the morning at Dover, where I left him: the next morning I come to London, and sent his Letter to his wife of his safe arrival, and come now to my Merchants, especially Peacock, how he rewarded me for all my pains and trouble into Flanders. I should be too tedious in writing down of all his Letters, only take a briuse abstract of some few, who in his Letter of the 4. of July doth express in these very words.  
LOving friend, I have since thought with myself, that if you arrested the Captain that took our Ship, you cannot do amiss, and arrest the Ship also, and what goods you can find. But I 〈◊〉 the business to do as you shall see most advantageous.  
By this you may perseive some confidence he had in me, leaving of it to my discration. The 5. of July he advised me by M. William Rous the Master, to so furnish him with what moneys he should need; accordingly I did furnish him with what he demanded, as formerly declared by the Certificate of M. B●… and M. B●… and would have paid him the full money to have cleared the Ship, only desired a note of his hand to save me harmless when I came into England. In this Letter of the 22. of August, 1645. if in case there be any Law of recover them, do you endeavour, Doctor Walker said, I should not buy them, this day and that day they should be recovered. The 9 of September he writes thus: I pray deposit the money, if the Ship cannot otherwise be freed, let what Suit of Law come of is that will. He knew full well, I had paid 1400. Gilders before, was then upon agreement with Fowther upon an Arbitrement that the Ship should not have stood them in above 1900. Gil. had not M. Thelwell hindered it. I have had divers employments for sundry Merchants, but never met with such changeable instructions and orders; for first he directed me to give for his Wire 40. Gil. then presently he thought 24. would be sufficient. In his Letter of the 18. of July, 14. days after, when I had in a manner bought it, by his Letter of the first of August I must not exceed 15. Gil. in his Goatskins the like, so that he did almost make me mad. He sent me from Antwerp 400. pistols current at 9 gil. per pistol to pay for the wire 〈…〉 after orders me to send it back unto Master Le Bruyne that sent it, I did so, Had I kept this 400 pistols towards my large expenses and loss of time, he and I had never differed; but after once he had got beforehand with me, I was gone. I shall with as much brevity as I can declare how after my return home I repaired unto him and the rest, and told them what had passed, advised what I conceived was best for them to do, informing them, that by the means of Doctor Walker, the Ship and their goods were retanded, and that they should do well to Petition the Honourable House of Commons, none being so forward as M. Peacock in the business: thereupon they concluded of a Petition to the Honourable Committee of the Lords and Commons for the Navy, the Copy whereof verbatim here followeth, viz.  

To the Honourable Committee of Lords and Commons for the Navy. The Petition of divers Merchants, whose names are here under-written.  
Humbly showeth unto your Honours, that about June last, the Ship Barak and Deborah coming from Amsterdam was taken by one Captain Francis Fowther a Pirate; and carried to Ostend.  
That upon advise thereof your Petitioners sent over John Day with full authority to demand your Petitioners Goods and Ship, so well by Law and otherwise he should think fit; but before he came, your Petitioners goods were sold, part of the said goods the said Day hath bought, as he saith, and paid the most part for them.  
That on the third of August following, M. Peter Thelwell by authority from the Worshipful Doctor Walker did arrest your Petitioners goods, by which your Petitioners are much damnified.  
Your Petitioners humbly pray, that your Honours will be pleased to call before your Honours the said Doctor Walker and John Day, whereby we may have some satisfaction, the rather in that  Convoy is come, and our goods are left behind. 

Nicolas adam's.  
John Peacock.  
Edmund Webberley.  
Robert Jeffery.  
James Burkin.  
Joas Eversen.  
John Clar.  
Thomas Hood.  
Ralph Grafton.     
M. Peacock is the first man that underwrites, goes along with it very earnest, the Ship and Oils being not then come. In his Petition I beseech you observe, that he doth there confess, that he sent me over with full power to demand the Ship and goods so well by Law as otherwise I should think fit, but if he forswears this hereafter you must conceive, it is for his own profit. By earnest writing unto M. Lavillety to assist Rous in what possible he could to get his Ship away, most faithfully promising unto Lavillety, that he should be no ways damnified, he did assist him, and used that means, that the Ship and goods safely arrived here, Peacock and Rous they had no more thought of giving satisfaction for my excessive expenses and great vacancy of time being above 21. or 22. Weeks upon that sole employment, but to the contrary the 9 of December arrested me in two actions of 1100. l. Although I never had to deal with him for two pence, I went to prison in the Compter, where I lay 2. or 3. nights, sent for the Gentlemen, who came unto me with much a do, asked him whether I had deserved such hard dealing from him, what was his reason to demand against me, was this the satisfaction for all the care and pains I had taken for him? He told me, that Rous and M. Sincler had told him, that I had paid nothing for the Ship and Oils, that they had run away with them, therefore I must give him 300. l. back, I replied that were it so, I expected a greater recompense for my charges and loss of time than the 300. l. I desired him not to deal so cruelly with me, and withal told him, I had made a vow never to put in bail, nor to go to Law, offered if he would refer it to any indifferent men, I would put him in good security to stand to the Award, he told me I should rot in prison if I would not put in bail. Presently after I had a friend that came unto me, persuaded me to put in bail, I told him what a serious vow I had made, being a man of Quality went to the Guardian of the Prison to prevail with him upon a paroll to be a true prisoner, that I had liberty to go abroad to appear when I should be sent for, I prosecuted it so by friends that I got him the 17. of the same month to refer it to M. Thomas Muschamp and M. John Frith, when at the Mermaid Tavern after long debating they found some moneys coming unto me, & did offer what appeared to them, to give me, besides my charges and loss of time, which they would take into consideration, and that I should have content, I not having my accounts from Lavillety, I desired a little time, they gave as by their award appears until the 17. of Jan. Within 14. days I received my account, repaired unto M. Peacock, desired a further meeting before the said Arbitratours, he would not upon any entreaties, but prosecuted with the greatest violence that possible could be, on Christmas day in the morning went to Sheriff Foots, under whose command I was, desiring him I might not go abroad, saying his actions upon me was for 1100. l. That I really owed him many hundred pounds (a brave way to pay debts) I went unto the Sheriff, certified him the truth, whereby I conceived I had given him good satisfaction, howsoever such was his importunity, that the 6. of January I was remanded to Prison, who contrary to my faithful promise, was forced to put in bail the same day, or else I must have lain and rotten, if that he might have had his desire. I with much entreaty of friends, and indeed for meers shame, he was content to have another Reference, but I must refer it to M. Lucas Luce and himself, I conceived it very hard terms, the harder in that I must put in security in 1500. l. to stand to their award, knowing how just my cause was, yielded thereto, the 20. of Jan. 1645. I was bound and my loving friend M. Jo: Frith, we had a meeting who after long debate M. Luce told him that it was very unfit that he should be judge in his own Case, howsoever if he would make choice of a third man to be an Umpire, he doubted not but to give him Satisfaction, which Peacock utterly denied, would condescend to nothing without he might be Ump himself, unto which demand there was no reason to yield unto, so that the arbitration broke off, I was forced to remove his earnest to the Common place and presently to put in a bill into the Chancery, which my bill came in against Peacock and Rous in February, his answer and Rous came in 21. February 1645. After I had taken out their answer being but 79. sheets, I look a great deals of pains in perusing of it, where I did find such and so many manifest untruths, that I stood amazed; first for M. Peacock fol. 3. that I shown my willingness to go the voyage, where he known the contrary, as by the Attestation appears; fol. 5. that it was fully agreed that this defendant should pay unto the complainant 3. l. upon every 100 l. for what he should buy, a most false untruth, there was never such an agreement made. It is true I did propound, that if the goods were not sold before came, and if I did not buy them not staying above 5. or 6. days, I would be content with 3. per. C. for my pains and labour, they paying my charges fol. 7. And these defendants do deny that they or either of them, with divers or others did earnestly or otherways entraute the complainant to go for Ostend, whereas by the Testimony of divers extant to prove it, that Peacock did most earnestly beg and entreat of me to go. I do pass by many shall faults fol. 13. and this defendant both deny, that this defendant and the said other persons nominated, with this defendant in the said Letter of Attorney, did by the same writing or otherwise give unto the complainant any authority to do according to his discretion. Cast your eye upon his Letter of Attorney, and his Petition to the Committee and see there if I have not full authority to do as I shall think fitting, as if they themselves were by and present, see but his Letter unto me of the 4. July. wherein he expresseth these very words, I leave the business to do, as you shall see most advantaguous, Fol. 14. And these Defendants say, and either of them saith, that they do not believe, that before the Complainant arrived at Ostend aforesaid, upon his voyage thither, in the Complainants Bill mentioned most part or any part of the goods in the said Ship were sold and delivered, or that the said Ship or goods, or any part of them, were at any time judged for Prize by the said Admiralty of Dunkirk or elsewhere. Rous before my arrival at Ostend was gone for London, and had contracted for his Ship, bought divers goods out of the said Ship from the Captain, amongst which a great parcel of Amsterdam English Bibles. Master Peacock knows that most of all his goods were sold before I came thither, there went three over with me about the same business, two of them joined with me in the Letter of Attorney, M. Hudson, M. Robert Jeffery, who had likewise goods in the said Ship, that were sold before they came. M. Hudson did buy part of his goods at the second hand. for Rous and Peacock to swear that the goods were not adjudged as Prize, they might as well deny that I went to Ostend by Sea, all one, for no man dare sell Ship or goods there, until they have been first at Dunkirk, and bring order from thence to the Admiralty there, Fo. 18. Nor do these Defendants believe, that the Complainant having respect to the good of the owners, would give so great a price for such goods, when as this Defendant john Peacock faith, that he did when the Complainant undertook the said voyage, give the Complainant his directions not to give 〈◊〉 then 30. gil. for a Hogshead of the said Oil. Do but look upon his Directions under his own hand-writing, I must leave this to your judgement, whether M. Peacock hath liberty to forswears himself.  
I have passed but to Fol. 18. there are 60, more behind, which were it not too tedious, there is not three leaves but apparent un-truths justified upon oath, as the receiving of the 300. l. and many other shameful things. I will only instance one or two more that Peacock swore, Fol. 19 That I did trade with his money and credit, whereby I enriched myself. God knows I never traded with a penny of his money, neither ever had more moneys from Lavillety, as for expenses and other extraordinary charges, but I will take my oath, and publish to the world, that I am even undone by him, and am worse in my estate and livelihood by 500 l. then I was when I undertook that unfortunate voyage, and all long of him, and his Comrade M. Peter Thelwell, Fo. 54. And this Defendant William Rous further saith, that after the Complainant arrived at Ostend aforesaid this Defendant did see openly in the street of Ostend, aforesaid six, Fatts of Pot-ashes of the goods of the said other Defendant John Peacocke, which this Defendant did then acquaint the Complainant of, to the end the Complainant might attach or use some means to obtain the same, but the said Complainant did refuse so to do, or to stir any way about the same for the regaining thereof. And therefore and for the reasons aforesaid in this Defendants Answer set forth and declared, this Defendant John Peacock saith, that he did cause the said Complainant to be arrested at this the Defendants suit in an Action or Actions for or to this Defendants damage, and the damages of other the owners aforesaid 1100. l. or thereabouts. I beseech you observe now one of the principal causes of my Arrest, that I would not attach nor arrest these Pot-ashes.  
First for Rous, he knew full well that no goods there were arrestable, but such as brought order from the Chief Governor or Admirallty of Brussels, which he knew I had not, neither power to release his ship, nor any Merchants goods that were arrested by M. Thelwell, at the same time he knew there was brought up a Ship ot Berwick, laden with Salmon belonging unto M. Watson, his man being then there, laboured by all means possible, to procure an arrest to be laid upon the Ship or goods, it could not be done, the goods sold before his face, and durst not scarce open his mouth, Rous being then present, to my knowledge this Ship being taken by one Captain Hooker, presently after another taken by Cap. Dorset coming from the East Country laden with Pot-ashes, Hemp, and divers other goods, partly belonging unto M. Amis and M. James Plate dwelling in Leaden-Hall-street, and M Patrick Smart a Scotchman, wh●ch two came over with Letters of Commendations, had as good friends, if not better than I, came before the goods were taken out of their Ship, saw them sold before their own eyes, Rous being by and present, could they arrest or hinder the sale then, nor durst once speak, neither could they scarce have the privilege to bid for their goods, but if they would buy them, most do at the second hand without any exceptions. I would feign know of Rous and M. Peacock, if a Ship and goods were condemned here by the Admiralty, and sold either by the Commission or by the interested to whom they were judged as Prize, who should or dare arrest those goods in the party's hands that bought them? I protest seriously, Rous and Peacock, have sworn so to the purpose in many things to such impossibilities, that I am almost afraid, that if I should long contest with them, they would swear me out of my own name. Before I end with them, I must declare unto you what part or interest these two owners have in this Ship, which cost but 2600. gil. each of them one sixteenth part; john and jonathan Gibbs each a sixteenth, which is not 16. l. sterl. for each of their parts, yet some of them have vowed to spend ten times more than their parts, but to make me fly my Country. After I had taken out this Answer, by much persuasions of friends I got another Reference, upon condition, that he should choose two men, and I one, which was concluded on. We sealed Bonds with security, he made choice of M. Stephen Burton and M. Thomas Browne, two very honest men, I had M. Luce, any two of them to conclude. M. Burton and M. Browne met, sat a great while upon it, M. Luce could not meet at that time, I entreated them for God's sake to make an end as they should think fitting, gave them the Account, the Copy of which is here set down. They did somewhat except against some things there as too much, I referred solely unto them to do what they pleased, so I might have an end.  


Master John Peacock and divers other Debtors unto John Day for a miserable voyage to Ostend, being undertaken by virtue of a Procuration dated the 27 of June, 1645. at the earnest entreaty of those whose hands are thereunto subscribed.   Gilders.   For the buying the Ship Barak and Deborah faithfully paid 2600. Gilders, having order to have given as much more. 2600 0 0 For ten Hogsheads of Lin-seed oil for the particular account of Master lohn Peacock, as his pretended goods. 0470 0 0 For money paid unto Rous by Lavillety, as by his Account. 0530 0 0 For money lent the said Rous besides 50. Gilders, M. John Freeman is to pay more for him 0018 0 0 For my expenses by M. Peacocks express order, three times going for Brussels, following the Law, much extraordinary expenses, thrice going from London in 23. weeks. 1970 0 0 For my loss of time, and extraordinary pains, being out 23. weeks, at 20, 8. per diem. 1610 0 0 For my charges, being arrested by this john Peacock here in London upon two Actions of 1100. l. sterling, whereas he was much in my debt, to my damage 50. l. sterling, a great deal more, being almost my utter ruin, at 37. s. is 0555 0 0 For Port of Letters from Lond. and other places 0075 0 0  7828 0 0  

M. john Peacock and Company per contra Credit '.   Gild.   For 10. l. received of them at the Antwerp Tavern behind the Exchange according to every man's proportion, as M. Peacock gathered 10. l. sterl. he having received with his own proportion much more at 37. s. Flemish is 0111 0 0 For 300 l. sterl. drawn upon M. Peacock for to pay for the Ship and his Oils, he taking every man's share for their parts of the 2600. Gilders, at 37. s. is 3330 0 0  3441 0 0 Resting due to me to balance— 4387 0 0  7828 0 0   
They would not conclude at that time, but referred it to another day that M. Luce might be with them, did so. At that meeting they were all three together, and took a great deal of pains, being confident that they would have concluded, but by some accident or words that Peacock spoke, M. Burton and M. Browne were unwilling to conclude, but agreed we should seal new bonds, and that they should be added unto them. M. Henry Hunt and William Garrroway, M. Peacock promised to yield thereto, the next day I came to the Scrivener that M. Burton appointed, brought my bond sealed a new. M. Peacock brought his bond, promised the like, but referred the time until the first arbitration was out, he then denied to seal, saying John and Jonathan Gibbs and the rest of his partners would not agree to any Reference, but would go to Law, and never leave me whiles I was worth a groat. I have set down all the Partners, by which all the world may judge whether I am not likely to be well rewarded. The first of these, john Peacock one sixteenth, William Rous one sixteenth, William Peacock one sixteenth, Peter Sallawins one sixteenth, Peter Bocles one sixteenth, Mathias Eyres one sixteenth, john Freeman one sixteenth, john White one sixteenth, john Gibbs one sixteenth, jonathan Gibbs one sixteenth, Daniel Rouswell one sixteenth, Garton one sixteenth, john Drew one sixteenth, Roger Sotherby one sixteenth, and one 32. Edward Davies one 32. Auron powel one sixteenth, was ever man Shipped with such a Medley, so many Brothers of Amsterdam of all sorts? God of his mercy deliver me out of their hands.  
Fol. 4. he doth set forth, that there was some discourse between him and me concerning the taking upon me to go to Ostend for the clearing of the Ship and goods, but doth not say, that he gave me any Procuration or Power to do it, but concluded that I have not regarded my promise, but intending to deceive the said john Peacock, nor hath laid out any part of the 300. l. but I have refused to do my endeavours, whereby he is damnified 600. l. he hath 15. partners besides himself, and hath upon his oath declared that he hath received here in London 1 12.5. Which was for 7/16 and the other 9/14 without all question he hath received, being lately come from Amsterdam. By which you may plainly perceive in what a misery he seeks to bring me, for if he is damnified 600. l. for his part; the other 15. partners without all doubt will do the like, in what a case shall I be in? This is not all, he hath been in Flanders, and hath there given his Procuration unto M. Peter Thelwell, by which he hatn Petitioned the Admiralty of Dunkirk 15. May 1646. By which he desires the money in M. Lavillety his hands may be brought into the Court, that he is engaged for me, so that they sue me here, makes large demands. Lavillety he keeps divers goods of mine in his hands, there pretending he doth not know how he may be damnified by reason of M. Thelwell proceeding. God is my judge, I never received penny of the 300. l. but as any occasion was for my expenses, 1400. Gil. I did cause M. Lavillety to pay unto Captain Fowther as formerly declared, there is by balance of my account 4387. Gilled coming unto me, and truly I think in modesty no indifferent man will allow me less than what I put to account. For my loss of time, and the daily danger I was in, whosoever would give me the same employment, and engage himself for seven years to give me more, I take God to witness I would not undertake it. Mister Peacock hath not only by his fraudulent oppression sought my ruin, but used all means, as much as possible in him lay, to defame and to make me odious to all the world, as by procuring Attestations to take away my life, by complying not only with M. Thelwell the Parliaments Agent, but with M. Hambleton the Queen's Agent: Whereby there is Attestation, as he hath told me, wherein it will be made appear, that I did there speak ill words against the Honourable Parliament. I could willingly wish, that any of them were here to justify the words. Nay that is not all, but he did write over, which was published by john and jonathan Gibbs, that I played away a great deal of money at Dice, slung handfuls of Pistols at a time, saying, Hang it, let it go, it is Roundheads money.  
I have lately entreated M. Peacock to make an end of our business, offering him that I will be contented to refer it to M. Stephen Burton or M. Browne, that were formerly his good men, or any other honest Merchan● whom he pleased. He protesteth unto me, that he hath wrote to his Partners in Amsterdam, so soon as he shall hear from them he will resolve. For my part I am resolved, if by any possible means, I will not go to Law with them. I am told, there is now a Committee for Oppression and Extortion, I will fly thither as fast as I can; if there be none, it is great pity, there was never more need. I am sure I can hardly write good English, but will conclude in Latin,  Felix, quem faciunt aliena pericula cautum.  

POSTSCRIPT.  
Gentle Reader,  
I Have used all possible endeavours to have my Vindication read before the Honourable Committee, but by reason the multiplycity of their great affairs, and their seldom s●tting cannot yet be effected, but I am very confident will very suddenly; In the interim I thought good to Paraphrase upon M. Peacock's Remonstrance, whereby the world may judge of his malicious intent against me: first concerning the breaking open of Doctor Walkers Letter, it was upon this occasion, coming to Dover, and having no Passport, I went to M. Ginnaber the Clerk of the Passes to have one as formerly accustomed, for I am certain I had passed twenty times in the like manner, but M. Ginnaber told me, that there was an Order of Parliament that none must pass without Order from the Houses of Parliament or from the Custom house of London; I stood amazed, the Packet boat going away that night, I broke up the Worshipful Giles Greene his Letter in the presence of the said M. Ginnaber and M. Ratcliff being M. Rookes his man the searcher, howsoever they would not suffer me to pass: being aboard, the foresaid Ratcliff commanded me ashore, and the boat went away; being three hours at Sea, by contrary winds forced back, the next day I went to the Major of Dover, told him the occasion of what concernment it was to divers Merchants, shown him the Letter to Doctor Walker, he being a very honest Gentleman, and knowing of me well did procure that I had a Passport and went away that night, the next day we arrived at Ostend, where I wrote unto Doctor Walker the same day and sent his Letter, as by the Date of mine will appear, if Doctor Walker will be pleased to produce it, as he hath faithfully promised to do. In November last, before the Honourable Committee in the presence of Doctor Walker and Peacock, I did satisfy their honours concerning the breaking open of the Letter, whereas he most falsely allegeth, that I was to repair to Doctor Walker, and follow his advice, whereas before I went, I declared myself, that I would not go to Doctor Walker, nor entertain any suits of Law, neither would I stay above 5. or 6. days as I can justify by many Witnesses.  
The second material thing that he allegeth against me, that for the space of three Months or thereabouts I continued in a deboist and impious manner of drinking and Rioting with the said Fowther, and other pyratical Commanders and Seamen at Ostend. Unto which I answer, that for the time I was at Ostend, after the first four or five days that I had dispatched my business so much as possible I could do, I never after kept the said Fowther or any other of that pyratical crew company, neither indeed durst; for it is well known to M. George Blage, M. Henry Battin, Julian Wills, three Masters of Ships that belonged to the Merchants of London, that were at the same present at Ostend the continual danger I was and went in, that I was so fare from keeping them company, that I durst not come where any of them were; nay I durst not walk in the streets, for I was advised by the said Shippers and divers others well effected that they had vowed my death, and swore they would cut me in pieces, having waylaid me between Ostend and Pl. Where I had certainly ended my days, and Peacock's Commission, but by the said honest Shippers timely advice: which being prevented, four or five of those bloodsucking fellows came upon the Market place, assaulted me, would have pulled me off from that place, calling of me Parliament dog, swearing most fearfully they would be the death of me: and had not those Shippers with divers others well affected been by, and presently got me out of their handling, certainly they would have murdered me. For my Rioting, I appeal to those Shippers, of whom for the most part whilst I was there I had my diet aboard their Ships, and seldom or never was out of their company, neither did ever keep company with any of the Captains or Seamen, if I could any way have prevented it, that were against the Parl. I never had any great desire to stay long at 0stend, neither do I think spent in all a month there, but was at Brussels & other places. Whereas Peacock further setteth forth, that I did publicly calumniate the Parliament with vile and reproachful language, as by the Attestations appeareth; I have the Copies of them. First, for William Humbleton, he is the Queen's Agent, a mortal enemy to the Parliament, one that lately changed his Religion from a Protestant to a Papist. He is the only Treasurer for the Captains, and the man that hath disposing of Letters of Mart against the Parliament, Ten pounds is his price, and doth sell them as the Pope's Nuntio doth his Pardons. I must entreat you to take notice, that this Attestator is the only sharer with M. Thelwell, so well in the Merchant's money, as in divers other goods, as will be proved, they were fellow servants together to M. Charles LLoid, and very much of a condition; For M. Thomas Wherry he is M. Humbletons' Gossip, and one that is as a Broker betwixt them if they do not agree upon their division. Indeed his Attestation is very modest, only apt to mistake, for he saith, that I should in general words say, that they were all Rebels and Rogues together. Now he doth in a manner infer, that I should mean the King and Parliament, whereas in truth if I spoke any such thing, I meant really M. Thelwell and Humbleton. There is a Letter likewise produced dated the one and twentieth day of October, 1645. wrote to M. Thelwell, but I have no hand to it, it is wrote by Proxy, that he had the report of Gills or Gillam that I should speak Traitorous words against the Parliament, and advised him that he should presently write unto the Parliament, but never made known nor declared before the 2. of July 1646. There is an Affidavit likewise made by one Sinckler, but that is not concerning any Traitorous proceed against the Parliament, but of some misdemeanours against M. Peacock, as some words that Doctor Walker should tell him, which Doctor Walker hath since denied, as likewise I might have arrested Peacocks Soap-ashes, he might as well have sworn I might have brought them home in my pocket, God forgive them. M. Peacock further saith, and in particular some worthy Members of the Honourable House of Commons, as will be proved. I shall use all possible endeavour to press that Honourable Committee, that he may bring forth his proofs. Whereas M. Peacock saith, that I hindered Fowther from being arrested, which is most false, that by my company keeping with him, and my foul carriage, did much prejudice to the public affairs of the State. Concerning my carriage whilst I was there, and my well-affectednesse to the State, I appeal unto three Letters wrote unto an Honourable Member of the House of Commons, and one of the Honourable Committee of the Admiralty and Cinque-ports, wherein this my Vindication I trust will be tried, the Copy of which Letters I have by me, bearing date the second, ninth, and two and twentieth of October, a Letter written to M. P. Jones, M. Tho: Britewell, and M. Samuel Langham, Common-council men of this City; at likewise a Letter wrote unto the Worshipful Captain Richard Crainlay one of the Commissioners for the Navy, all which I have Copies of. If it be Treason to the State to spend his labour, pains, and charges to the uttermost of his power to give advice of what passed any ways to the prejudice of the State, to run divers hazards in being at the charges of sending well-affected Seamen as Spies to Newport, where then lay the Earl of Antrim, having two Ships ready to go to Sea laden with Arms against the Parliament, giving them directions what they should do, and money to bear their charges, the one of them was George Blags man, and the other James Sinckler, besides divers times I went myself, and if this be Treason, than I confess I am a Traitor.  
Thus fare he hath accused me Criminally as a Traitor to the State, for which I shall most humbly crave a fair Trial, the rather in that it is his humble prayer I may be convented before that Honourable Committee, but in case that their Honours shall not have leisure to examine it, that they would transmit it to a Council of War, where I will expect no favour, but the most extremity according to my deserts. M. Peacock hath nor only desired my exemplary punishment, but hath most cunningly and maliciously, publicly and privately declared upon the Exchange and other places, that I had cheated him of many hundred pounds, and hath endeavoured to alienate those that are my friends, (such that I got my livelihood by) to be my enemies, averring such untruth unto them, that I think hardly can be paralleled. I will only instance in one or two. The Wor● Guinne Company having, notice of my going employed me to recover or buy some goods that they had taken in the same Ship, which did. At my coming home they gave me thanks, and 30. l. for a gratuity, yet such hath been the malice of this Peacock, that he hath possessed some of them, that M. L●…villety and I seek to coz●n them, and doth labour by all means, that they should take the Procurations out of my hands, and give one unto M. Thelwell, whereby the money owing by any of us may be put into the Magistrates hands. I hope these Gentlemen will be wiser, and desire the money which is behind may be paid into their own hands, if that it may be, there shall want no furtherance of mine. If M. Peacock were not better experienced in his trade for Amsterdam then in the Laws of Flanders concerning depositing of moneys, he had never got so much money by Raizens as he is now like to do. I was desired by M. George Hadley, and M. Samuel Chaplin, two worthy Gentlemen, Grocers of London who had in the said Ship 500 Pieces of Raizens, to recover or buy them as I should think fit; before I came, they were bought by one Adram Van Tore a Merchant of Ostend, of whom afterwards so many as were left, I bought, and presently shipped them in Julian Wills, drew 200. l. upon them, they paid the money, there was more disbursed by me, yet this M. Peacock did labour by all means, persuaded them that I had cozened them, and had not paid any moneys; I was forced to send for Attestations, Acquittances, and so satisfied these Gentlemen, that they paid me all the money that I had truly disbursed, but for my labour and pains I could expect none, their loss was so great, for the Raizens lay 22. weeks a Shipboard for want of a Convoy, that they were not worth a fourth part of what they cost. If M. Peacock could do these Gentlemen that favour, as to prevail with his friend M. Thelwell, that the moneys that he arrested by virtue of D. Walkers Procurations, for the use of the Proprietors, in the hands of Van Tore may not be embezeled and shared, as M. Lincoberks Beaver Wool, and M. Graftons' Brass hath lately been, for it belongeth unto them.  
I will only instance one more of his cunning tricks, he persuaded M. James Sotherby to make an Affidavit which I did once see, and do declare that what he swore was truth, and was extremely for M. Peacock's turn, for he swore, that I was to have 3. l. per. cent. for what goods I bought at Ostend, but did not declare the other conditions, that if the goods were sold before I came, and that I did not stay above 5. or 6. days, and I would undertake no Law suits upon any terms. Let M. Sotherby be pleased to go before my Lord Major or any Master of Chancery, and make Oath, that this I did not say before my going over, I will give him what satisfaction he shall desire.  
I will now conclude, wishing good success to the endeavours of M. Thelwell and M. Peacock, so that they may extend to the good of the Proprietours, and that they may have better success than many formerly have had. I have known those Countries above these twenty years, and never yet knew any got by going to Law, if he could make any reasonable agreement. I will instance in one Passage, of late M. Thomas Horth a Merchant of Yarmouth that had a Ship of Oils taken and carried to Dunkirk worth 1500. l. M. Horth used such diligence, that he got the Oils to be sequestered, sold, and the moneys to be deposited, they were sold between 6. or 7000. gilders, and then to Law he went, after two or three years he obtained his suit, had Order to receive his money, but the party in whose hands it was, demanded 500 gilders for keeping of it; I heard M. Horth protest that it had been fare better for him, that the Ship at first had been sunk, for it cost him more in charges and loss of time then ever he recovered. I could instance in divers other nearer home, but I will not trouble your patience any further, only craving your favourable opinion, that you will not be a partial Reader, but to weigh what I have here writ in an equal balance, especially you that are interessed, and have lent your assistance and moneys unto M. Peacock to be employed in Law, and have upon his reports alienated your affection from me. Judge charitably and mark the event, I will not, fail you, but what my intelligence can produce any ways for prevention of prejudice to any of you, be confident I will truly advise. I would have none despair, but that you may have your goods, for I assure you there is great hopes, and the times have proved very fitting and seasonable to that purpose, yet do not too much presume, God of his mercy send all to the best, and to your contents.  
FINIS.