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.