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<DATE>06-02-10</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="A93415">
<STC T="W">S4259</STC>
<STC T="T">E35_7</STC>
<BIBNO T="umi">99859162</BIBNO>
<VID>154620</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A
RELATION
AND
VINDICATION
Of one <HI>William Smith,</HI> alias, <HI>Dow&s;ing,</HI>
a Souldier in &s;ervice of the State, again&s;t <HI>Iohn Wil&s;on,</HI>
and Captaine <HI>Edward Story,</HI> his Adver&s;aries.</P>
<P>Who &s;urreptiou&s;ly, and maliciou&s;ly, by fal&s;e Informa|tion,
obtained a Commi&s;&s;ion of Bankrupt again&s;t
him in his ab&s;ence.</P>
<P>And the Wi&s;edome, Equitie, and Impartiallity of the
Right Honourable HENRY, Earl of <HI>Kent;</HI> OLIVER,
Earle of <HI>Bullingbrooke;</HI> and the other Commi&s;&s;ioners
for the Cu&s;tody of the great Seale of ENGLAND,
in calling his Adver&s;aries to Accompt before them,
and righting his wrong.</P>
<Q LANG="lat">Summum jus &s;umma injuria.</Q>
<P>Printed at London for <HI>Iohn Grove,</HI> and are to be &s;old at
his Shop in Chancery Lane neer the Rolls. 1644.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="petition">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>To the Right Honourable the Lords,
and other Commi&s;sioners for the great
Seale of ENGLAND.</HEAD>
<HEAD TYPE="sub">The humble PETITION of William Smith, alias, Dow&s;ing, of
Colche&s;ter in the Countie of E&s;&s;ex, Linnendraper.</HEAD>
<OPENER>Humbly &s;heweth,</OPENER>
<P>THat your Petitioner about <HI>September</HI> la&s;t out of his
affection to the publique good li&s;ted him&s;elfe in the
Parliament &s;ervice wherein he hath ever &s;ince conti|nued
and performed his utmo&s;t endeavours: But &s;o it is before
and even at the time of &s;uch his going in the State Service, he
never ab&s;ented him&s;elfe from his hou&s;e nor &s;hut up &s;hop, nor
was in any wi&s;e to be &s;u&s;pected a Banckrupt, but lived in good re|pute
and hath &s;ufficient to pay all his debts with a good &s;urplu|&s;age,
and hath lent and contributed upon the Propo&s;itions and
A&s;&s;e&s;&s;ements to the Parliament, as by the Certificate hereunto
annexed, under the hands of the Major, Aldermen and chiefe in|habitants
of the &s;aid Town of <HI>Colche&s;ter</HI> may appeare, of which
Certificate your Petitioner craveth your honours audience.</P>
<P>Yet notwith&s;tanding one Captaine <HI>Edward Story</HI> with Ma|&s;ter
<HI>Plum,</HI> partners with Ma&s;ter <HI>Turner</HI> have pro&s;ecuted the Sta|tute
of Banckrupt again&s;t your Petitioner, pretending he became
Banckrupt in <HI>Decemb&punc;</HI> la&s;t, and the Commi&s;&s;ioners in the Com|mi&s;&s;ion,
have proclaimed your Petitioner Banckrupt, and taken
all his wares out of his &s;hop, and threatned to take all his hou&s;|hold&s;tuffe
<PB N="2" REF="3">
and to &s;ell his Lands at &s;uch a rate as can now be gotten
for them, your Petitioners Lands and Timbers being &s;old to the
value as formerly would have been given for them, being worth
one thou&s;and pound, far exceeding his creditors demands.</P>
<P>And fora&s;much as your Petitioner de&s;ires to pay every man,
and &s;o will do as &s;oon as he can &s;ell his Lands for their true value,
and the times &s;etling, intends to proceed in his trade.</P>
<P>Your Petitioners humble &s;ute is that you would be plea&s;ed to
take into con&s;ideration the whole premi&s;es, and Super&s;eding the
&s;aid Commi&s;&s;ion to take &s;uch further order for your Petitioner
and his families pre&s;ervation and a timely vindication, as to your
honours &s;hall &s;tand with equity and good con&s;cience.</P>
<CLOSER>And your Petitioner will daily pray, &amp;c.
<POSTSCRIPT>
<OPENER><DATELINE><DATE>February 9. 1643.</DATE></DATELINE></OPENER>
<P>Upon the Certificate annexed, let the Commi&s;&s;ion and all
proceedings thereupon be Super&s;eded.</P>
<CLOSER><SIGNED>Per Hen. Scobell, Deput. Regi&s;t.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
<DIV1 TYPE="testimony">
<PB N="362" REF="3">
<P>WHereas Captaine <HI>Story</HI> and &s;ome others of the
Creditors of <HI>William Dow&s;ing,</HI> alias, <HI>Smith,</HI> of
the Pari&s;h of <HI>Runwalls</HI> within the Towne of
<HI>Colche&s;ter,</HI> in the County of <HI>E&s;&s;ex</HI> Linnendraper, have lately
taken out, and have pro&s;ecuted the Statute of Bankrupts again&s;t
him, pretending the &s;aid <HI>Willliam Dow&s;ing,</HI> alias, <HI>Smith,</HI> became
a Bankrupt in <HI>December</HI> la&s;t; and they with <HI>Robert Sparrow</HI> of
the &s;ame Tow<GAP DESC="illegible" EXTENT="1 letter">e Linnendraper, and &s;ome others named Com|mi&s;&s;ioners
in the &s;aid Commi&s;&s;ion, did upon the xxvi. of <HI>Janu|ary</HI>
in&s;tant, proclaime him Bankrupt for his non-appearance be|fore
them. Whereas the &s;aid <HI>William Dow&s;ing,</HI> alias, <HI>Smith,</HI> be|ing
a young man, and having kept &s;hop about two yeares now
pa&s;t, and having been very forward for the publique good and
&s;ervice of the King and Parliament, both in pur&s;e and per&s;on,
as may appeare by his lending upon the Propo&s;itions of Parlia|ment.
And further, to manife&s;t him&s;elfe for the publique, he
(being a man expert, and of &s;trength and courage, did before the
Fea&s;t of Saint <HI>Michael</HI> the Archangel, la&s;t pa&s;t, go into the
actuall &s;ervice of the King and Parliament, and &s;o have conti|nued
ever &s;ince, 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 &s;ervice,
he never ab&s;ented him&s;elfe from his hou&s;e, nor &s;hut up &s;hop, nor
offered to compound with his Creditours, nor lay in pri&s;on, nor
was arre&s;ted, or troubled: But lived among&s;t us in good repute,
and as a man of a competent e&s;tate, and without any &s;u&s;pition
of his being a Bankrupt; nor hath any Action, or Actions, been
entered again&s;t him in all this Majors Majoralty of this Towne:
And he being gone into the &s;ervice as afore&s;aid, his wife being
all alone, &s;hut up the &s;hop; And fearing her husbands long
&s;tay in the Army, and that times for that Trade were not likely
to mend, did in his ab&s;ence, and without her husbands know|ledge,
or con&s;ent, as we beleeve, de&s;ire the &s;aid Captaine <HI>Story,</HI>
and the other Chapmen he traded with in <HI>London,</HI> to take their
<PB N="4" REF="4">
wares againe, and if any thing wanted of their Debts, her hu&s;|band
&s;hould, and would pay them; and we beleeve, that in land,
and per&s;onall e&s;tate, the &s;aid <HI>William Dow&s;ing,</HI> alias, <HI>Smith,</HI> hath
&s;ufficient to pay all his Debts, with a good &s;urplu&s;age. And for|a&s;much
as the Commi&s;&s;ioners proceedings again&s;t him in this
manner, may be of ill con&s;equence among&s;t us, and deterre men
of quality and ability to go into the &s;ervice, if not cau&s;e &s;ome to
returne that are already gone.</P>
<P>We have thought it fitting for his pre&s;ervation, and a timely
prevention of a further ill, to certifie thus much; we believing
this to be the whole truth, we being of the &s;ame Pari&s;h, and the
Pari&s;hes neere adjoyning. And are confident that &s;ome ill-af|fected
to him have in&s;tigated his Creditours, to do this rather
out of &s;ome private ends, or revenge, then for any ju&s;t cau&s;e.
All which we have thought &s;it to certifie, as well wi&s;hers to the
St<GAP DESC="illegible" EXTENT="1 letter">te, and publique good, and as a neighbourly re&s;pect to him
who is ready to &s;acrifice his life for the publique) bindes us.</P>
<CLOSER><DATELINE>Colche&s;ter <DATE>27. Sept. 1643.</DATE> Ex.</DATELINE>
<SIGNED><LIST>
<ITEM><HI>Thomas Lawrence,</HI> Major.</ITEM>
<ITEM><LIST>
<HEAD>Aldermen,</HEAD>
<ITEM><HI>Henry Barrington,</HI></ITEM>
<ITEM><HI>Thomas Wade,</HI></ITEM>
<ITEM><HI>Iohn Langley</HI> Captain&punc;</ITEM>
<ITEM><HI>Robert Buxton,</HI></ITEM>
<ITEM><HI>Ralph Harri&s;on,</HI></ITEM>
<ITEM><HI>Iohn Fruly,</HI></ITEM>
<ITEM><HI>Willi|am Cooke,</HI></ITEM>
<ITEM><HI>Iohn Io&s;celine</HI> Deputy Recorder, and
many others.</ITEM>
</LIST></ITEM>
</LIST></SIGNED>
<SIGNED>Per Hen. Scobell Deput. Regi&s;t.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="document">
<PB N="5" REF="4">
<OPENER><SIGNED><HI>CHARLES</HI> by the grace of God, King of England,
Scotland, France and Ireland, Defender of the Faith,
&amp;c.</SIGNED> <SALUTE>To Our Tru&s;ty and wel beloved <HI>John Mar&s;h, JohnNorburg</HI> E&s;quires, <HI>Richard Hawkins; Henry Parker, Robert
Sparrow</HI> Gentlemen, greeting;</SALUTE></OPENER>
<P>Whereas we being heretofore in|formed
that <HI>William Smith, alias, Dow&s;ing</HI> late of <HI>Colche&s;ter</HI> in the
County of <HI>E&s;&s;ex,</HI> Mercer, u&s;ing and exerci&s;ing the trade of Mer|chandize
by way of bargaining, exchange, bartering, chevi&s;ance,
&s;eeking his Trade of living by buying and &s;elling, about the mo|neth
of <HI>December</HI> now la&s;t pa&s;t, did become Banckrupt within
the &s;everall Statutes lately made again&s;t Banckrupts, to the in|tent
to defraud and hinder <HI>John Wil&s;on</HI> of <HI>London,</HI> Ironmonger,
and other his Creditors of their ju&s;t debts and detyes due to them
due and owing; We thereupon minding the due execution of the
&s;everall Statutes lately made again&s;t Banckrupts did by our
Commi&s;&s;ion under our great Seal of England dated on or about
the &s;eventeenth day of <HI>Ianuary</HI> now la&s;t pa&s;t, name, a&s;&s;igne, ap|point,
con&s;titute and ordaine you our &s;peciall Commi&s;&s;ioners;
and did thereby give full power and authority unto you four or
three of you, whereof you the &s;aid <HI>John Mar&s;h</HI> or <HI>Iohn Norburg</HI>
&s;hould be one according to the &s;ame Statutes and every of them
not onely concerning the &s;aid Banckrupt his body lands, tene|ments,
freeholds, and Cu&s;tomary goods, debts, and other things
what&s;oever, but al&s;o concerning all other per&s;ons, which by con|cealement,
claime, or otherwi&s;e did or &s;hould offend touching
the premi&s;es or any part thereof, contrary to the intent and mean|ing
of the &s;ame Statutes or any or either of them, willing there|by
and commanding you four or three of you, whereof you the
&s;aid <HI>Iohn Mar&s;h</HI> or <HI>John Norburg</HI> &s;hould be one to proceed to the
execution and accompli&s;hment of the &s;ame Commi&s;&s;ion with|all
diligence and effect, as our &s;peciall tru&s;t was in you repo&s;ed,
as by the &s;aid Commi&s;&s;ion, remaining in the hands of you or
&s;ome of you may appeare: Now for divers rea&s;ons expre&s;&s;ed in
a Petition exhibited by the &s;aid <HI>William Dow&s;ing, alias, Smith,</HI> and
a Certificate thereunto annexed unto the right honourable the
Lords and other Commi&s;&s;ioners for the great Seale of England,
<PB N="6" REF="5">
which Certificate was made by the Maior, Aldermen&punc; and oth<GAP DESC="illegible" EXTENT="2 letters">2
of the Town of <HI>Colche&s;ter</HI> and according to an Order of the nin<GAP DESC="illegible" EXTENT="2 letters">
of this in&s;tant <HI>February</HI> made between <HI>Edward Story</HI> and oth<GAP DESC="illegible" EXTENT="2 letters">
Plantiffs, and the &s;aid <HI>William Smith</HI> Defendant: We will and
require you, and every of you by the&s;e pre&s;ents, utterly to de&s;i&s;t
and &s;urcea&s;e from allor any your further proceedings in or about
the execution of the &s;ame Commi&s;&s;ion, but that you &s;uper&s;ede
the &s;ame, and that if you have attached the body of the &s;aid <HI>Wil|liam
Smith, alias, Dow&s;ing</HI> and committed him to cu&s;tody, that
you pre&s;ently cau&s;e him to be relea&s;ed and &s;et at liberty; and al|&s;o
if you have by vertue of the &s;aid Commi&s;&s;ion taken or &s;eized
any of the goods or e&s;tate of him, the &s;aid <HI>William Smith, alias,
Dow&s;ing,</HI> you do forthwith cau&s;e the &s;ame to be re&s;tored unto
him, the &s;aid <HI>William Smith, alias, Dow&s;ing,</HI> our &s;aid Commi&s;&s;ion&punc;
or any thing therin conteined to the contrary hereof in any wi&s;e
notwith&s;tanding:</P>
<CLOSER><DATELINE>Witne&s;&s;e Our Self at We&s;tmin&s;ter <DATE>the tenth
day of February in the nineteenth yeare of our Raigne.</DATE></DATELINE>
<SIGNED><LIST>
<ITEM>Latch and</ITEM>
<ITEM>Ienyns.</ITEM>
</LIST></SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="account">
<P>Whereupon by the Councell of friends the Defendants wife repaired to Mr.
<HI>William Arwaker</HI> of the &s;ociety of Lincolnes Inne, and now an inhabitant of
Colche&s;ter, who&s;e skill and con&s;tancy to do right (maugre the devill and all
beasts and birds) hath made him famous, who delights more in truth then i<GAP DESC="illegible" EXTENT="1 letter">
prai&s;e; And he advi&s;ed the cour&s;e and drew the Certificate, did pro&s;ecute
and manage the whole bu&s;ine&s;&s;e for which all good men and Souldiers ow<GAP DESC="illegible" EXTENT="1 letter">
him thanks, for the having been a Souldier and approving him&s;elf every way
for the publique.</P>
<P>By all which it appeares that no man &s;hall be made a &s;ufferer who labours
or ventures his life for the publique good, and that neither any &s;hall need to be
afraid to go into the publique &s;ervice, or enforced to returne for any <GAP DESC="illegible" EXTENT="1 letter">th<GAP DESC="illegible" EXTENT="2 letters"> cau&s;e
before &s;poken of, but may undoubtedly be encouraged to proceed in a worke &s;o
good and ju&s;t, and to receive &s;uch recompence and provi&s;ions made for them|&s;elves,
wives and families, as by Ordnance of Parliament is provided; And
it were to be wi&s;hed that before any &s;uch Commi&s;&s;ions in the&s;e times he gran|ted,
it might be examined whether the party again&s;t whom it &s;hall be prayed
hath been or is in the actuall &s;ervice of the King and Parliament.</P>
</DIV1>
</BODY>
</TEXT>
</EEBO>
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