Richard Bowdler, Plaintif. 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 Chancerie betweene George Morgan and them, and others, and all Fines imposed vpon 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 Chauncery, as his Factor, for diuers yeares; That he might be releeued against certayne false Accounts exhibited by him; whereunto Morgan did answere, and preferred a crosse Bill against the Petitioners and others, charging them as Partners with matters of Account.
The Court by consent of the parties and their learned Councell, awarded a Commission to Rowland Backhouse, Robert Ducy, Tho. Morley, Ralph Core, and Ro. Palmer, Merchants of London, with authoritie to examine and determine these Accounts and Differences, wherein for their satisfaction they pervsed and considered of all Bookes 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 themselues to their Award by seuerall Obligations of great summes of money, bearing date the 7. day of October 1018. And for the better strengthning of their proceedings in the said Arbitrarie course. The Lord Chancellor was pleased to graunt a Commission bearing date the 19. day of the same moneth, with power to take oath of the Parties and Witnesses; and to determine the Differences or to certifie their proceedings. And his Lordship did write his honourable Letters to fiue other Merchants to giue their assistance, as oft as the said Arbitrators should thinke 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 finde Morgan indebted vnto Bowdler in the summe of 579l. 6s. which they did Award he should pay vnto Bowdler the 6. of Aprill following. And also by their said Award did order and determine what each Partie should performe 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 certifie their proceedings to the Court, did so certifie, Answering thereby all Obiections, and declaring that William Meggs was no wise chargeable vnto Morgan, but that he was vniustly vexed by his said suite: Neuerthelesse, by Orders in the said Court the said Award was suspended which ought rather to haue beene put in execution. And the Bonds sealed to performe the same were called into the Court, And all Bonds, Bills, &c. which the Commissioners had receiued of Morgan were redeliuered to him, albeit they appertayned to Bowdler as being accounted for before the Commissioners.
Thirdly, Because the truth of Bowdlers cause, being a discouerie of falsities and misprisions in a Factors Accounts, could not bee so euident by examination vpon fixed Intergatories, as it was apparant to the Commissioners that had therein proceeded as afore; His Lordship caused them to certifie particularly the Reasons that moued them to make the said arbitrement, which they did accordingly. Whereupon (for that the said Arbitrement was grounded aswell vpon examination of Witnesses as vpon Morgans confession and otherwise, And that particular Relation thereof was made by the said [...] Witnesses but the Cause comming to hearing the 18. day of December then following, by order of Chancerit the said Award and Certificat were made void, and the Commissioners branded with infamie and disgrace without being called to answere for themselues. And without a Bill exhibited to shew the defects of their Award, And a new Reference to Sir Robert Rich and Sir William Bird, two Masters of the Chancerie, and foure other Merchants was made to examine the said Accounts and Differences, but without power to examine vpon oath.
Fourthly, For that the said Masters and Merchants were directed by the Chancerie to proceed onely vpon proofes taken in Court, and vpon Depositions taken before the said Arbitrators and vpon Accounts, Letters and Writings, such as could bee iustified by two Witnesses, (neither Arbitrators nor Parties) to haue beene produced and allowed before the Arbitrators, which kind of proofe 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 bereaued of the benefit of his proofes, and of Morgans confession, And depriued of the meanes to manifest the truth. Also the Depositions taken on Bowdlers behalfe before the Arbitrators were reiected, but all Depositions on the said Morgans behalfe were allowed; whereupon the said Masters with their Assistants reported, that the said Bowdler was indebted to Morgan in the summe 7486l. 1s. 10d. And the same report was decreed notwithstanding any thing that was offred against it.
Fiftly, Albeit Meggs were admitted to supplimentall proofes, and the two Masters were to consider whether Meggs were partner with Bowdler, and whether Meggs his lending Bowdler his credit did occasion Morgans ingagements; and what estate of Bowdler came to Meggs his hands, and when; yet after supplimentall proofe made by Meggs and Morgan; The two Masters did certifie that Meggs was Partner with Bowdler; and that Morgans ingagements were occasioned by Meggs his assisting Bowdler with his credit: And that there was of Bowdlers estate in the hands of Meggs the summe of 10063l. 11s. 7d. Whereas it is most apparant that Meggs was not Partner with Bowdler in Morgans imployments, Nor that Morgans ingagements were occasioned by his lending his credit to Bowdler, nor that he had any estate of Bowdlers in his hands, but that Bowdler was iustly indebted to Meggs in 1500. And it is most cleare that Meggs is not to be charged vnto Morgan by the custome of Merchants, nor by the Law for assisting Bowdler with his credit; And there is nothing to leade the Masters to conceaue that the said Meggs should haue of the said Bowdlers estate in his hands the summe of 10063l. 11s. 7d. But this report induced his Lordship to decree, That Meggs should be aswell charged as Bowdler with the payment of the said 7486l. 1s. 10d. And the fift of December last his Lordship imposed a Fine of one Thousand pounds a peece vpon the said Meggs and Bowdler for non-performance of the said Decree; And thereupon a Scire facias hath beene Awarded.
Forasmuch, As no redresse of such Decrees is to bee had but in Parliament: The humble Petition of Bowdler and Meggs is, that all the proceedings in Chancerie may be declared to be void, And the said Award established by Act of Parliament, to bee performed for the Causes and Reasons aforesaid.