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A82011 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. Day, John, of London, merchant. 1646 (1646) Wing D468A; Thomason E510_10; ESTC R205614 31,084 45

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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. ON this day the 27. day of the month of June in the yeere 1645. style of England before me Abraham der Kinder Notary and Tubellion publique dwelling in this City of London by the authority of the Kings most excellent Majesty of Great Britaine admitted and sworne 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 Matthias Eyre John Gibbs and Robert Hammon all Merchants and inhabitants in this city of London aforesaid The which said Appearers joyntly and every of them severally have authorized and constituted even as they doe authorize 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 speciall Command for and in the names of them Constituants and every of them to claime aske 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 joyntly 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 Captaine _____ by him brought into Ostend in Flanders of their Receipts to Passe Acquittances in due forme and in the whole to passe all such acts instruments and notes as there unto shall be needfull and requisite And if need be to prosecute the Recovery of the premisses before all Lords and Magistrates against whom and for what occasion the same may be to agree compound c. And further aswell in Law as without to agitate doe and leave undone as in and concerning the premisses shall be needfull and required And as they Constituants might or could doe if they were personally present with power to substitute one or more Attorneys in their steads And they Constituants and every of them aforesaid doe promise to hold for good firme and of value all and whatsoever by their said Attorneys and every of them and their substitutes shall be done and procured in the premisses To stand to the Law and performe what shall be adjudged if need be salvo sibi in omnibus justo computo inde reddendo Thus done and passed in this Citty 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 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. 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 Oyle at 30. gl or 35. gl or 40. gl or rather then faile 50. gl per Hogshead or if they will sell by the Ame 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 tunne or 125. gl per tunne or 130. gl per tunne 4 KP or 140. gl per tunne or 150. gl per tunne The ten Hogsheads and the little Barrell makes two tunnes and an halfe or it the utmost 7. gl 10. st per C. A Fat of Wire the Ring at 20. st 30. st or 40. st or the whole Fatt 320. gl or rather then faile 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 bundell of small Wiers at 20. st per Ring or 30. st or 36. st per Ring or the whole bundell at 80. or 90. gl or by the C. at 20. 25. 30. 35. or 36. gl per C. The lesser bundle of loose 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 Fatt of Iron Wier at 30. gl or 40. gl or 50. gl per C. or the like by the pound 4 No. KP 6. Foure Bundles of loose Wier at 12. gl or 13. gl or 14. gl per C. The Fatt of Iron Wier at 20. st or 40. st per Ring or 20. or 30. gl or 40. gl per C. 4 No. KP 5. Ten Hogsheads of Brimstome at 8. 9. or 10. gl per C. 4 No. KP 6. 11. 4. 9. 1. 26. 22. 21. 5. 2. The Goat-skins at 7. gl or 8. gl per Dicker that is every ten skins And claime 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 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 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
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 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 ww. 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 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 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 Ostend 16 October 1645. MAster John Peacock Loving friend I came hither last night from Gaunt where I had beene with Master Thelwell eight days to have composed your unfortunate businesse 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 arreasted I could not find Pistols to sheet off so fast I am in such a strait 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 meane times I pray speak with