A RELATION AND VINDICATION Of one William Smith, alias, Dowsing, a Souldier in service of the State, against Iohn Wilson, and Captaine Edward Story, his Adversaries.

Who surreptiously, and maliciously, by false Informa­tion, obtained a Commission of Bankrupt against him in his absence.

And the Wisedome, Equitie, and Impartiallity of the Right Honourable HENRY, Earl of Kent; OLIVER, Earle of Bullingbrooke; and the other Commissioners for the Custody of the great Seale of ENGLAND, in calling his Adversaries to Accompt before them, and righting his wrong.

Summum jus summa injuria.

Printed at London for Iohn Grove, and are to be sold at his Shop in Chancery Lane neer the Rolls. 1644.

To the Right Honourable the Lords, and other Commissioners for the great Seale of ENGLAND.
The humble PETITION of William Smith, alias, Dowsing, of Colchester in the Countie of Essex, Linnendraper.

Humbly sheweth,

THat your Petitioner about September last out of his affection to the publique good listed himselfe in the Parliament service wherein he hath ever since conti­nued and performed his utmost endeavours: But so it is before and even at the time of such his going in the State Service, he never absented himselfe from his house nor shut up shop, nor was in any wise to be suspected a Banckrupt, but lived in good re­pute and hath sufficient to pay all his debts with a good surplu­sage, and hath lent and contributed upon the Propositions and Assessements to the Parliament, as by the Certificate hereunto annexed, under the hands of the Major, Aldermen and chiefe in­habitants of the said Town of Colchester may appeare, of which Certificate your Petitioner craveth your honours audience.

Yet notwithstanding one Captaine Edward Story with Ma­ster Plum, partners with Master Turner have prosecuted the Sta­tute of Banckrupt against your Petitioner, pretending he became Banckrupt in Decemb▪ last, and the Commissioners in the Com­mission, have proclaimed your Petitioner Banckrupt, and taken all his wares out of his shop, and threatned to take all his hous­holdstuffe [Page 2] and to sell his Lands at such a rate as can now be gotten for them, your Petitioners Lands and Timbers being sold to the value as formerly would have been given for them, being worth one thousand pound, far exceeding his creditors demands.

And forasmuch as your Petitioner desires to pay every man, and so will do as soon as he can sell his Lands for their true value, and the times setling, intends to proceed in his trade.

Your Petitioners humble sute is that you would be pleased to take into consideration the whole premises, and Superseding the said Commission to take such further order for your Petitioner and his families preservation and a timely vindication, as to your honours shall stand with equity and good conscience.

And your Petitioner will daily pray, &c.

February 9. 1643.

Upon the Certificate annexed, let the Commission and all proceedings thereupon be Superseded.

Per Hen. Scobell, Deput. Regist.

WHereas Captaine Story and some others of the Creditors of William Dowsing, alias, Smith, of the Parish of Runwalls within the Towne of Colchester, in the County of Essex Linnendraper, have lately taken out, and have prosecuted the Statute of Bankrupts against him, pretending the said Willliam Dowsing, alias, Smith, became a Bankrupt in December last; and they with Robert Sparrow of the same Tow [...]e Linnendraper, and some others named Com­missioners in the said Commission, did upon the xxvi. of Janu­ary instant, proclaime him Bankrupt for his non-appearance be­fore them. Whereas the said William Dowsing, alias, Smith, be­ing a young man, and having kept shop about two yeares now past, and having been very forward for the publique good and service of the King and Parliament, both in purse and person, as may appeare by his lending upon the Propositions of Parlia­ment. And further, to manifest himselfe for the publique, he (being a man expert, and of strength and courage, did before the Feast of Saint Michael the Archangel, last past, go into the actuall service of the King and Parliament, and so have conti­nued ever since, as he hath made appeare to the Major of this Towne, by Certificate from his Captaine, and as we know and beleeve. Before which his going into the Parliaments service, he never absented himselfe from his house, nor shut up shop, nor offered to compound with his Creditours, nor lay in prison, nor was arrested, or troubled: But lived amongst us in good repute, and as a man of a competent estate, and without any suspition of his being a Bankrupt; nor hath any Action, or Actions, been entered against him in all this Majors Majoralty of this Towne: And he being gone into the service as aforesaid, his wife being all alone, shut up the shop; And fearing her husbands long stay in the Army, and that times for that Trade were not likely to mend, did in his absence, and without her husbands know­ledge, or consent, as we beleeve, desire the said Captaine Story, and the other Chapmen he traded with in London, to take their [Page 4] wares againe, and if any thing wanted of their Debts, her hus­band should, and would pay them; and we beleeve, that in land, and personall estate, the said William Dowsing, alias, Smith, hath sufficient to pay all his Debts, with a good surplusage. And for­asmuch as the Commissioners proceedings against him in this manner, may be of ill consequence amongst us, and deterre men of quality and ability to go into the service, if not cause some to returne that are already gone.

We have thought it fitting for his preservation, and a timely prevention of a further ill, to certifie thus much; we believing this to be the whole truth, we being of the same Parish, and the Parishes neere adjoyning. And are confident that some ill-af­fected to him have instigated his Creditours, to do this rather out of some private ends, or revenge, then for any just cause. All which we have thought sit to certifie, as well wishers to the St [...]te, and publique good, and as a neighbourly respect to him who is ready to sacrifice his life for the publique) bindes us.

Colchester 27. Sept. 1643. Ex.
  • Thomas Lawrence, Major.
  • Aldermen,
    • Henry Barrington,
    • Thomas Wade,
    • Iohn Langley Captain▪
    • Robert Buxton,
    • Ralph Harrison,
    • Iohn Fruly,
    • Willi­am Cooke,
    • Iohn Iosceline Deputy Recorder, and many others.
Per Hen. Scobell Deput. Regist.
CHARLES by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.
To Our Trusty and wel beloved John Marsh, JohnNorburg Esquires, Richard Hawkins; Henry Parker, Robert Sparrow Gentlemen, greeting;

Whereas we being heretofore in­formed that William Smith, alias, Dowsing late of Colchester in the County of Essex, Mercer, using and exercising the trade of Mer­chandize by way of bargaining, exchange, bartering, chevisance, seeking his Trade of living by buying and selling, about the mo­neth of December now last past, did become Banckrupt within the severall Statutes lately made against Banckrupts, to the in­tent to defraud and hinder John Wilson of London, Ironmonger, and other his Creditors of their just debts and detyes due to them due and owing; We thereupon minding the due execution of the severall Statutes lately made against Banckrupts did by our Commission under our great Seal of England dated on or about the seventeenth day of Ianuary now last past, name, assigne, ap­point, constitute and ordaine you our speciall Commissioners; and did thereby give full power and authority unto you four or three of you, whereof you the said John Marsh or Iohn Norburg should be one according to the same Statutes and every of them not onely concerning the said Banckrupt his body lands, tene­ments, freeholds, and Customary goods, debts, and other things whatsoever, but also concerning all other persons, which by con­cealement, claime, or otherwise did or should offend touching the premises or any part thereof, contrary to the intent and mean­ing of the same Statutes or any or either of them, willing there­by and commanding you four or three of you, whereof you the said Iohn Marsh or John Norburg should be one to proceed to the execution and accomplishment of the same Commission with­all diligence and effect, as our speciall trust was in you reposed, as by the said Commission, remaining in the hands of you or some of you may appeare: Now for divers reasons expressed in a Petition exhibited by the said William Dowsing, alias, Smith, and a Certificate thereunto annexed unto the right honourable the Lords and other Commissioners for the great Seale of England, [Page 6] which Certificate was made by the Maior, Aldermen▪ and oth [...]2 of the Town of Colchester and according to an Order of the nin [...] of this instant February made between Edward Story and oth [...] Plantiffs, and the said William Smith Defendant: We will and require you, and every of you by these presents, utterly to desist and surcease from allor any your further proceedings in or about the execution of the same Commission, but that you supersede the same, and that if you have attached the body of the said Wil­liam Smith, alias, Dowsing and committed him to custody, that you presently cause him to be released and set at liberty; and al­so if you have by vertue of the said Commission taken or seized any of the goods or estate of him, the said William Smith, alias, Dowsing, you do forthwith cause the same to be restored unto him, the said William Smith, alias, Dowsing, our said Commission▪ or any thing therin conteined to the contrary hereof in any wise notwithstanding:

Witnesse Our Self at Westminster the tenth day of February in the nineteenth yeare of our Raigne.
  • Latch and
  • Ienyns.

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