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A93415 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. Smith, William, soldier. 1644 (1644) Wing S4259; Thomason E35_7; ESTC R11897 3,678 8

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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 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 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