Here followeth Bowdler and Company, their Obiections to the decree, and Morgans answere therevnto.
Obiection. Bowdler did forbeare to examine witnesses because he relied vpon the Award, and certificate of the Arbitratorsand thereby he pretends to be preiudiced.
Answere. From Nouember. 1616. that Bowdler, exhibited his bill, vnto the 5. Ianuary, 1618. that the Award was made, which is 2. yeeres and a quarter he neuer examined any man, onely Iohn Grenowes, his Cousin German, and after the Award was suspended, and directions by the Court, to proceed to examination of witnesses, and so to a iudiciall hearing, in ordina∣ry course, which was in Ianuary 1618. vntill the 1. of Nouember 1619. that publication was granted, he examined not one witnesse: but then Bowdler vpon his owne petition brought his owne cause to hearing, which was in all 3. yeeres and a moneth. In all which time he might haue examined witnesses if he would, if he had had any to examine, (as hee had not) onely he maketh that a colour for his bad dealing.
Obiection. That all the depositions taken by the Arbitrators, Robert Palmor and the rest, were supprest, and not read before the 6. Commissioners, namely, 2. Masters, 2. Aldermen, 2. Merchants.
Answere. They had no depositions (but onely Iohn Grenowes) to reade for Bowdler; and his depositions were often read and disproued by 2. 3. or 4. other witnesses.
Obiection. By the order of Reference dated 18. Decemb. 1619. it appeares, Bowdler desired Morgan might be bound by any Account Bowdler could produce, if the same were vnder Morgans S••ruants hand: which was granted, but with this Prouiso: That the said Account so to be produced, must bee an Account formerly allowed of by Morgan, to bee his owne account, or else to be proued by 2. witnesses that it was so allowed of by him, which witnesses should be neither Arbitrators, nor parties: and because hee pretends none else were present, therefore it was impossible, as he saith, that he should make any such proofe.
Answere. Morgan neuer did, or will deny any Account, or letter vnder his owne hand, but he will not be bound by any thing vnder any mans hand that hath been his Seruant; except the said Ac∣count, or letters, were written or made by Morgan himselfe, or by his consent, Because Bowdler and Company failed in May 1612. and Morgan then accounted with them, and alwayes wrote out his Accounts and letters himselfe; and since Morgan hath had no dealings with him, nor giuen him, or any of them any Account. Besides, since that time Morgan had a Seruant, namely, Iohn Quarles, who is Bowdlers Cousin German, (whom Bowdler inticed out of Morgans seruice) if he should goe frame new false Accounts, and Bowdler say they were Morgans Accounts, so any man might bee defeated of all: And therefore that prouis•• was iustly made in that order.
Obiection. Bowdler alleageth, the Arbitrators certifie, Morgan confessed and yeelded to diuers parcels before them; which now he denies to allow vnto him.
Answere. Morgan denyes any such confession: but if he had yeelded to some small matters whereby to haue an end of such great troubles; yet now hauing no end, but more trouble, he hath no reason to yeeld to more losse then needs must: Besides, all which they certifie Morgan did confesse or yeeld vnto, amounts not vnto 400. pounds.
Obiection. By the decree, the whole debt is laid but vpon 3. of the defendants, which ought to haue been vpon all seuen of them, and so the easier paid.
Answere. Morgan saith, all 7. ought to be lyable to pay him; and so desireth that they may, and then they may enterpleade amongst themselues, how to diuide the payment thereof.