HAving lately seene a Remonstrance pre­sented by John Peacock, at present living in S. Nicholas lane, unto the Right Hono­rable 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 mens businesse, both here and beyond the seas, as like­wise his unjust proceedings against me since my returne, which I will leave to the judgement of the Reader. First, I will set downe the Remonstrance truly copyed, delivered July 2. 1646.

Upon which I presently put in a Vindication, the which I have likewise set downe being delivered the 9. of July.

About the 27. of June, 1645. I was desired by M. Peacock and some others interessed in a Ship taken comming from Amsterdam bound for London, by one Captaine Francis Fowther that went to Sea with the Kings Commission, and brought up to Ostend; I had no great mind to goe, but at their earnest importunity, and by vertue of the Procuration, dated the 27. of June, which Procu­ration followeth in these words: viz.

By which you may perceive the power given mee, and at the same time received from Peacock, his instructions truly here set downe directions under his owne hand writing by him confessed before M. Stephen Burton, M. Thomas Browne, M. Lu­cas Luce, all knowne Merchants and honest men, being our Arbi­trators, as hereafter shall more appear, viz.

After my arrivall 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 my selfe to die said Captaine Francis Fowther, and did so temporize with him, that I bought the Ship, and most part of the goods that were [Page 8] unsold: And afterwards I went to Master Iohn de Lavillety, who had bought most part of M. Peacocks 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 replyed, that what he had bought was for divers other men that lived out of the Towne, and the most part he had sent away; for what was in his hands he would advise them, and use his endeavours to per­swade them unto reasonable profit. I am perswaded, had I come one week before, I had bought all the goods for lesse then 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 faine have tryed. For within three dayes after my comming, I did see a Fatt of Kettles going aboard of a Billander for Bridges, presently went to the Bailiffe of the Towne, 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 Burgo-master Eggelston, who was Deputy for the Admiralytite of Dunkerke, shewed him my Procurations, told him I was sent over expresly in the behalfe of the Proprie­tors: he answered me very mildly, that the Ship and Goods were condemned at Dunkerke for Prize, and that that Towne was sub­ordinate to the Admiralty Court of Dunkerke, they had no po­wer to disobey their Commands, and indeed he said durst not: it was not onely the losse of the place, but something else. I desired him to advise mee what I had best to doe; he told mee there was no other way but to goe to Bruxels to the Supreame Court there; if I could procure any Order from thence, he would be ready to doe me all the favour that could be. The 30. of June the same day I arrived, I advised Peacock himselfe, 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 materiall to be inserted, and hereafter followeth in these Words.

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 imployment, 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 goe to Walker, and informe him, and heare what advice he will give you and us to help our selves, for to lose our goods in a Friends Country this fashion is ve­ry absurd. Now here was a contradiction to my desire, which was, to returne home, according unto my promise to him and the rest; for though I took an absolute Procuration from them, yet I did declare my selfe that I could make no long work of it, and that I would not stay there above five or six dayes, and that by no meanes I would undertake any Law-suits, 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 expences and losse of time, is should in reason be thought fitting. After they had verbally pro­mised this, I considered with my selfe that I went upon uncer­tainties, with all the great losse that might be in my imployments. [Page 11] He prayed me to goe how soever, I should be well contented to my owne desires, as by this will appeare.

Upon which faithfull promises I departed that night, and used such diligence, that five dayes 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 drawne upon him at 3. dayes sight 300. l. but wished him by all meanes to send me a note from M. Luce, whereby I might recover the monies which he did not doe: M. Lavillety would undertake no further then he had Baiard in the stable, which if I had done so, I had never runne into this inconveniencie. You may be pleased to observe, that Ostend is a Towne of little or no trade, only a Garrison for Souldiers; And all that time the only Randevous for Pirats. There's no exchange nor monies to be had, but what is sent per Post or other wise for Antwerpe 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 dayes no Post came. Captaine Fowther was very earnest for his mony, I told him the reason was, no Post came; About the latter end of July there came a Post and brougth some monies, but not all, about 1600. gl. wished M. Lavillety to pay M. Peacocks account 1400. gil. Which was done accordingly, faithfully promising unto the Captaine by the next post to pay him all, as indeed I had done, if I had recovered mony to have done it withall. The next week before the Post came arrived [Page 12] [...] [...]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 montys 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 coppie of his Procurations, the Doctors Remonstrance, and the order for the arrest, came for England, acquainted the Mer­chants, staid some ten dayes, and at the entreaty of the Merchants went over againe, for indeed I could not in Conscience leave the Businesse so imbroild, but before I went backe 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 accomodate the Merchants in what he could for recovering of their goods, one of the Honorable Committee asked me, if I knew M. Thelwell? I answered, yes; another asked me, what I thought of him? I told them in plaine termes, that he was a man very urfit for any Honourable imployments. I went the next day backe for Flanders, where I used such diligence, that within six dayes I was at Bruxells, but before my com­ming about sixe houres M. Thelwell had received a letter from a friend of his, that belonged to the Committee, shewed me the letter and who wrote it, but the partie 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 soone 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 comming before his Worship, after I had done my duty, and pre­sented his Worship with some letters, beganne to be very angry, asking 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 doe it, he told me, he could prove it, I answered, I should be ashamed to looke him then in the face, called M. Peter [Page 13] Thelwell, asked whether I had not abused him in words, replyd, yes, I demanded when and before whom, he sayd at Bridges, before M. Bailey, told his Worship, that I was certaine 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 foote boyes for him, before his comming his Worship had occasion of other businesse, 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 satisfyed 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 doe; M. Thelwell, having had so late notice of the words spoken of him, howsoever I confesse the words, M. Baily made us both friends; After we had dranke together, then we came to a Treatie, M. Baily was very helpfull unto us both. It was argeed between us and allowed of by the Doctor before a Publique Notary under the seale of Bruxels bearing Date: which Agreement I have extant, by which it was under-hand a­greed, that I should pay unto M. Baily 60. Pistolls, which I was contented to doe, with this proviso, that if I did not recover the Ship and goods my obligation was to be of no validity. I thought my selfe certaine all was right, but comming to Ostend shewing my Councell the agreement, they advised me to goe to the Burgoemaster M. Eggleston, who told me, he could not deli­ver the ship and goods without they were praized, unlesse it was agreed between the Agent that pretended interest, and Captaine Fowther, that they were both contented with a certaine Summe be it little or much he would accept it, otherwise it would be a long and troublesome businesse, there was no remedy, but I must back againe, came to Gaunt, where I found his Worship and M. Peter Thelwell, repaired unto them, told them the occasion of my returne, desired there might be no further delays: Doctor Walker promised me very faire 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 [Page 14] for their great charges, besides their extracted losse o­ther wayes, and that my losse 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 appeare 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 yeere 1645. before me Iacob Van Bossuiit Publike notary by the Soveraigne Councell of his Royall Majesty in Brabant admitted residing in Brussells and the witnesses heareafter named personally appeared the worshipfull Peter Thelwell as being constituted and authori­zed especially to the Causes here under written by the well learned Walter Walker Doctor in the Lawes Prolegate of the Parlia­ment of England, according to the contents of the instrument thereof, being dated the third day of August last past, subscribed by the said constituant with his signe and seale hereupon imprin­ted in red wax, now shewing and appearing unto me Notary, and the said Appearour, hath by vertue and according to the power of the said Procuration declared even as he declareth by these Presents to consent unto Iohn 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, Iames Setheby, Matthias Eyre, Iohn Gibbs, and Robert Hamon, all Merchants and inhabitants in the said City of London: That the said Iohn Day in the said quality, for­asmuch as it may concerne him, appeares 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 baile by him put in the goods and wares hereafter written, to wit, the Ship and what belonged unto her, foure 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 foure Cases with Skrewes of Pistols marked with the let­ters [Page 15] J.G. Item two cases of Bever Wool. Item foure small bar­rels of Quick-silver. Item two cases with Salsaperilla, marked with the marke R⁴. Item one small barrell with Mace, and a number 1 w^w. of Goat-skins, besides two Cases with Shrewes of Pistolls, one small case with Locks for Pistolls; All the which goods are lying at Ostend Sequestred by the Lords the Committees for the Admiralty of Dunkerke by Order of His Royall Majestie in his private Councell Dated the fifth day of August last past, and that in diverse places within the said Cittie 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 Captaine 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.Iohn de la Valette Marchant 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 Citty of Brussells in the presence of H [...]bert Vander Meulon, and Paul Baily 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 Latine I set downe Doctor Walkers Procuration unto Master Thelwell, which bred all this confusion. M. Thelwell promised me to doe what I would desire, but I must give him 80. Pistols, besides the 60. Pistols that I for­merly promised to pay unto M. Bailys more, that I should pro­miss him as hundred Pistols, to cleere Captaine Fowther from Arrest, the which I would not yeeld 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.

Presently I wrote to Doctor Walker, to desire him to stand for the good of the Merchants, acquainted him with the proceedings of M.Thelwell, desired him for Gods 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 Copie of the Letter hereafter followeth in these expresse words.

By which I advised him of my fruitlesse voyage, staid at Ostend three or foure dayes, in that interim Coleman was released, had notice of other goods that were conveyed away, as Platts 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 betweene Humbleton and Thelwell to cozen the Merchants of their estates, went to the Burgo-master Eggleston, acquainted him of their purpose: he told me that he could not helpe it, he had released Coleman by vertue 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 embezelled.

Whilst I staid there, I was so cruelly tormented with Rous the Master of the Ship, in that I had not in all that time cleered the Ship, and did keep such a quarter with me, as by this Certificate will more at large appeare. I set it downe, because he had sworn the contrary in his Answer, viz.

I knew not what to doe, at last I resolved (though it cost me my life) to goe once more to Doctor Walker, and to acquaint him with Thelwels proceedings, arrived at Gaunt the 22. of October, where I advised Master Peacock, the Copie of the Letter I have here set downe.

The 24. I came to Bruxels, lodged at a private house, sent unto Doctor Walker a Letter, wherein I humbly desired his Protecti­on, that I might come and goe unto him without any danger of my life, by reason of M. Thelwell; that I had businesse of concern­ment to declare unto him: he sent his Secretary, who told mee, that I might freely come and speak with him. I did so. But for feare of the worst, I took a Souldier with me for my guard. Who comming before Doctor Walker, I truly related what Thelwell had done, in releasing out of prison Captaine Coleman, in the cozening the Merchants of their money and sharing it amongst them; the taking of Merchants goods out of the ware-houses, con­verting them to their owne use, as Platts; M. Thelwell confessed before Doctor Walker, that he had and was to have 3000. gil. as likewise the taking out of the Platts, but said, it concerned me nothing, I had nothing to doe with any of those goods that were taken by Colemen: I replyed, and shewed an Order from Master Fr [...]man for five Fates, withall telling him, that if I had not that, I was fearfull he might as well doe 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 [Page 20] Parliament for any thing that he should acte. I desired Doctor Walker to aske him who was his security, he said his cozen M. Thelwell the Parliament man and his cozen Charls Loid, I told Doctor Walker, that if he could make that any wayes appeare, [...] should rest satisfied, would presenly depart for England wel con­tented, and trouble him no further, he then told Doctor Walker he had it under his Cozen Loyds hand, he would shew it him the next day, I must truly confesse, 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 mony, 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 Merchants goods, which he would not doe, the next day I came to him, de­siring to know whether M. Thelwell had shewed him the letter from his Cozen for security, he told me he had not, neither did he beeleve, he had any such, I advised the Worshipfull Alderman Kenricke who was interressed in the mony, that was so shared as likewise M. William Christmas with diverse others thereof, the 30. of October I presented an humble Petition unto Doctor Wal­ker, the Copie whereof I have truly set downe in these words.

By which meanes you may plainly perceive, that I did to the uttermost of my endeavours desire Doctor Walkers assistance for the safety of the Merchants goods, and withall I told him, that I understood Giles M. Thelwells man was to goe 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 then I had procurations for. I told him, that my Orders should shew 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 dayes after to know his pleasure, he would neither resolve me what he would doe, nor give my Procurations againe, but [Page 22] bid me come by them as well as I could, upon which I Petitioned Doctor Walker againe, the Coppie whereof followeth in these words viz.

At last I got my Procurations and Writings, but not untill I understood his Honour was resolved for England: To passe by many dilatory premisses, Thelwells intention of murthering me, and had done it basely, had not his man and M. Dinse, Doctor Walkers Interpreter, prevented him, who staid 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 Dunkerke, I passed by Ostend to enforme my selfe whether any thing had lately passed, desi­red master Rous the Master of the Ship to come presently to Dunkerk to speak with D.Walker, who did so; we desired D.Wal­ker that we might have leave to cleare 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 againe, which he would not doe. I was advised to send a Notary to protest against him for all dammages 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, untill [Page 24] further advise 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 seeke to destroy them. Whereupon he was ve­ry angry. So I being resolved to goe for England, yet I pre­vailed with him to goe to Seing' Clausons, one of the Judges of the Admiralty, with M.Thelwell, unto whom he did speak in La­tine, declared, as he told me in English, that he had taken away his Procuration and that he had desired nothing might passe to the prejudice of the Merchants; I did goe with a speciall friend unto Seig' Clausons that evening, and desired of him to know, Whether that the Agent had said was effectuall to prevent M. Thelwell, that he could doe nothing to the prejudice of the Merchants, he told me, what the Agent said to him was but words, and would availe nothing, for if he should averre he had said so, the other might deny it, which was but Pro and Con. By all meanes I should got a note of his hand, I went to the Agent about it, but he would doe 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 arrivall, and come now to my Merchants, especially Peacock, how he rewarded me for all my paines and trouble into Flanders. I should be too tedious in writing downe of all his Letters, only take a briuse abstract of some few, who in his Letter of the 4. of July doth expresse in these very words.

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 hee 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 payd him the full money to have cleared [Page 25] the Ship, onely desired a note of his hand to save me harmlesse when I came into England. In this Letter of the 22. of August, 1645. if in case there be any Law of recover them, doe 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 deposite 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 hindred it. I have had di­vers imployments 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. dayes 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 Goat-skins 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 expences and losse of time, he and I had never differed; but after once he had got be­fore-hand with me, I was gone. I shall with as much brevity as I can declare how after my returne home I repaired unto him and the rest, and told them what had passed, advised what I conceived was best for them to doe, informing them, that by the meanes of Doctor Walker, the Ship and their goods were retanded, and that they should doe well to Petition the Honourable House of Com­mons, none being so forward as M.Peacock in the businesse: there­upon they concluded of a Petition to the Honourable Committee of the Lords and Commons for the Navie, the Copie whereof ver­batim here followeth, viz.

M. Peacock is the first man that underwrites, goes along with it ve­ry earnest, the Ship and Oyls being not then come. In his Petition I beseech you observe, that he doth there confesse, that he sent me over with full power to demand the Ship and goods so wel by [Page 27] Law as otherwise I should think fit, but if he forswears this here­after you must conceive, it is for his owne 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 wayes damnified, he did assist him, and used that meanes, that the Ship and goods safely arrived here, Peacock and Rous they had no more thought of giving satisfaction for my ex­cessive expences and great vacancy of time being above 21. or 22. Weeks upon that sole imployment, but to the contrary the 9. of December arrested me in two actions of 1100. l. Although I never had to deale 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 doe, 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 paines 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 Oyles, that they had runne away with them, therefore I must give him 300. l. back, I replied that were it so, I expected a greater recom­pence for my charges and losse of time then the 300. l. I desired him not to deale so cruelly with me, and withall told him, I had made a vow never to put in baile, nor to goe 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, perswaded me to put in baile, I told him what a serious vow I had made, being a man of Quality went to the Guardian of the Prison to prevaile 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 referre it to M. Thomas Muschamp and M. John Frith, when at the Mermaid Taverne after long debating they found some monies comming unto me, & did offer what appeared to them, to give me, besides my charges and losse 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. dayes I received my account, repaired unto M. Peacock, desired a further meeting before [Page 28] the said Arbitratours, he would not upon any entreatyes, but pro­secuted with the greatest violence that possible could be, on Christmas day in the morning went to Sheriffe Foots, under whose command I was, desiring him I might not goe 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 Sheriffe, 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 faithfull promise, was forced to put in baile the same day, or else I must have lain and rotted, if that he might have had his desire. I with much entreaty of friends, and indeed for meer [...] shame, he was content to have another Reference, but I must refer it to M. Lucas Luce and himselfe, I conceived it very hard termes, the harder in that I must put in security in 1500. l. to stand to their award, knowing how just my cause was, yeilded 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 owne Case, howsoever if he would make choice of a third man to be an Umpier, he doub­ted not but to give him Satisfaction, which Peacock utterly denied, would condiscend to nothing without he might be Ump himself, unto which demand there was no reson to yeild unto, so that the arbitration broke off, I was forced to remove his ernest 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. sheetes, I looke a great deals of paines 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 shewed my willingnesse to goe the voyage, where he known the contrary, as by the Attestation appeares; 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. dayes, I would be content with 3. per. C. for my paines and labour, they [Page 29] paying my charges fol. 7. And these defendants doe deny that they or either of them, with divers or others did earnestly or o­therwayes entraute the complainant to goe for Ostend, whereas by the Testimony of diverse extant to prove it, that Peacock did most earnestly begge and entreate of me to goe. I doe passe 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 doe 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 doe as I shall thinke 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 businesse to doe, as you shall see most advantaguous, Fol. 14. And these Defen­dants say, and either of them saith, that they doe not beleeve, 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 Dunkerke or else­where. Rous before my arrivall at Ostend was gone for Lon­don, and had contracted for his Ship, bought divers goods out of the said Ship from the Captaine, amongst which a great parcell of Amsterdam English Bibles. Master Peacock knowes that most of all his goods were sold before I came thither, there went three over with me about the same businesse, two of them joyned 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, untill they have been first at Dunkerke, and bring order from thence to the Admi­ralty there, Fo. 18. Nor doe these Defendants beleeve, that the Complainant having respect to the good of the owners, would give so great a price for such goods, when as this Defendant Iohn Peacock faith, that he did when the Complainant undertook the [Page 30] said voyage, give the Complainant his directions not to give [...] then 30. gil. for a Hogshead of the said Oyle. Doe but look upon his Directions under his owne hand-writing, I must leave this to your judgement, whether M. Peacock hath liberty to forswears himselfe.

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 shamefull things. I will onely instance one or two more that Peacock swore, Fol. 19. That I did trade with his money and credit, whereby I enriched my selfe. God knowes I never traded with a peny of his money, neither ever had more moneys from Lavillety, as for expences 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 livelyhood by 500. l. then I was when I undertooke 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 meanes to obtaine the same, but the said Complainant did refuse so to doe, 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 dammage, and the dammages of other the owners aforesaid 1100. l. or thereabouts. I beseech you observe now one of the principall 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 Cheife Gover­nour or Admirallty of Bruxells, 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 Barwicke, laden with Salmon belonging unto [Page 31] M. Watson, his man being then there, laboured by all meanes 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 Captaine Hooker, presently after another taken by Cap. Dorset comming from the East Country laden with Pot-ashes, Hempe, and divers other goods, partly be­longing unto M. Amis and M. James Plat 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 then I, came before the goods were taken out of their Ship, saw them sold before their owne eyes, Rous being by and pre­sent, could they arrest or hinder the sale then, nor durst once speak, neither could they scarce have the priviledge to bid for their goods, but if they would buy them, most doe at the second hand without any exceptions. I would faine 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 parties hands that bought them? I protest se­riously, Rous and Peacock, have sworne 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 sweare me out of my owne 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; Iohn and Io­nathan 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 then their parts, but to make me fly my Country. After I had taken out this Answer, by much perswasions 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, sate a great while upon it, M. Luce could not meet at that time, I entreated them for Gods sake to make an end as they should think fitting, gave them the Account, the Copie of which is here set downe. They [Page 32] did somewhat except against some things there as too much, I re­ferred solely unto them to doe what they pleased, so I might have an end.

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 tooke a great deale of pains, being confident that they would have concluded, but by some ac­cident or words that Peacock spake, M. Burton and M. Browne were unwilling to conclude, but agreed we should seale new bonds, and that they should be added unto them. M. Henry Hunt and William Garrroway, M. Peacock promised to yeild 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 untill the first arbitration was out, he then denied to seale, 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, Iohn Peacock one sixteenth, William Rous one sixteenth, William Peacock one sixteenth, Peter Sallawins one sixteenth, Pe­ter Bocles one sixteenth, Mathias Eyres one sixteenth, Iohn Free­man one sixteenth, Iohn White one sixteenth, Iohn Gibbs one six­teenth, Ionathan Gibbs one sixteenth, Daniell Rouswell one six­teenth, [Page 34] Garton one sixteenth, Iohn Drew one sixteenth, Roger Sotherby one sixteenth, and one 32. Edward Davies one 32. Auron Powell one sixteenth, was ever man Shipt with such a Medley, so many Bre [...]hren 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 be­tweene him and me concerning the taking upon me to goe to Ostend for the clearing of the Ship and goods, but doth not say, that he gave me any Procuration or Power to doe it, but conclu­ded that I have not regarded my promise, but intending to deceive the said Iohn Peacock, nor hath laid out any part of the 300. l. but I have refused to doe my endeavours, whereby he is dampnified 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 plainely 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 doe 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 Dunkerke 15. May 1646. By which he desires the mony 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 keepes diverse 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 expences, 1400. Gil. I did cause M. Lavillety to pay unto Captaine Fowther as formerly declared, there is by ballance of my account 4387. Gild comming unto me, and truly I think in modesty no indifferent man will al­low me lesse then what I put to account. For my losse of time, and the daily danger I was in, whosoever would give me the same employment, and engage himselfe for seven yeeres to give me more, I take God to witnesse I would not undertake it. Mi­ster Peacock hath not only by his fraudulent oppression sought my ruine, but used all meanes, as much as possible in him lay, to defame and to make me odious to all the world, as by procu­ring [Page 35] Attestations to take away my life, by complying not onely with M.Thelwell the Parliaments Agent, but with M. Hamble­ton the Queenes Agent: Whereby there is Attestation, as he hath told me, wherein it will be made appeare, that I did there speak ill words against the Honourable Parliament. I could willingly wish, that any of them were here to justifie the words. Nay that is not all, but he did write over, which was published by Iohn and Ionathan Gibbs, that I played away a great deale of money at Dice, slung handfulls 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 busi­nesse, 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 soone as hee shall heare from them he will resolve. For my part I am resolved, if by any possible meanes, I will not goe 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 Latine,