A RELATION AND VINDICATION Of one William Smith, alias, dousing, a Soldier in service of the State, against john Wilson, and Captain Edward Story, his Adversaries.  
Who surreptiously, and maliciously, by false Information, obtained a Commission of Bankrupt against him in his absence.  
And the Wisdom, Equity, and impartiality of the Right Honourable HENRY, Earl of Kent; OLIVER, Earl of Bullingbrooke; and the other Commissioners for the Custody of the great Seal of ENGLAND, in calling his Adversaries to Account before them, and righting his wrong.  Summum jus summa injuria. 
Printed at London for john Grove, and are to be sold at his Shop in Chancery Lane near the Rolls. 1644.   

To the Right Honourable the Lords, and other Commissioners for the great Seal of ENGLAND.  
The humble PETITION of William Smith, alias, dousing, of Colchester in the County of Essex, Linnendraper.  
Humbly showeth,  
THat your Petitioner about September last out of his affection to the public good listed himself 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 himself from his house nor shut up shop, nor was in any wise to be suspected a Bankrupt, 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 Assessments to the Parliament, as by the Certificate hereunto annexed, under the hands of the Major, Aldermen and chief inhabitants of the said Town of Colchester may appear, of which Certificate your Petitioner craveth your honour's audience.  
Yet notwithstanding one Captain Edward Story with Master Plum, partners with Master Turner have prosecuted the Statute of Bankrupt against your Petitioner, pretending he became Bankrupt in Decemb▪ last, and the Commissioners in the Commission, have proclaimed your Petitioner Bankrupt, and taken all his wares out of his shop, and threatened to take all his householdstuff 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 settling, intends to proceed in his trade.  
Your Petitioners humble suit 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 family's preservation and a timely vindication, as to your honours shall stand with equity and good conscience.  
And your Petitioner will daily pray, etc.  
February 9 1643.  
Upon the Certificate annexed, let the Commission and all proceed thereupon be Superseded.  
Per Hen. Scobell, Deput. Regist.   

WHereas Captain Story and some others of the Creditors of William dousing, alias, Smith, of the Parish of Runwalls' within the Town of Colchester, in the County of Essex Linnendraper, have lately taken out, and have prosecuted the Statute of Bankrupts against him, pretending the said william dousing, 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, proclaim him Bankrupt for his non-appearance before them. Whereas the said William dousing, alias, Smith, being a young man, and having kept shop about two years now past, and having been very forward for the public good and service of the King and Parliament, both in purse and person, as may appear by his lending upon the Propositions of Parliament. And further, to manifest himself for the public, he (being a man expert, and of strength and courage, did before the Feast of Saint Michael the Archangel, last passed, go into the actual service of the King and Parliament, and so have continued ever since, as he hath made appear to the Major of this Town, by Certificate from his Captain, and as we know and believe. Before which his going into the Parliaments service, he never absented himself from his house, nor shut up shop, nor offered to compound with his Creditors, 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 suspicion of his being a Bankrupt; nor hath any Action, or Actions, been entered against him in all this Major's Majoralty of this Town: 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 husband's knowledge, or consent, as we believe, desire the said Captain Story, and the other Chapmen he traded with in London, to take their wares again, and if any thing wanted of their Debts, her husband should, and would pay them; and we believe, that in land, and personal estate, the said William dousing, alias, Smith, hath sufficient to pay all his Debts, with a good surplusage. And forasmuch as the Commissioners proceed against him in this manner, may be of ill consequence amongst us, and deter men of quality and ability to go into the service, if not cause some to return that are already gone.  
We have thought it fitting for his preservation, and a timely prevention of a further ill, to certify thus much; we believing this to be the whole truth, we being of the same Parish, and the Parishes near adjoining. And are confident that some illaffected to him have instigated his Creditors, to do this rather out of some private ends, or revenge, then for any just cause. All which we have thought sit to certify, as well wishers to the St●te, and public good, and as a neighbourly respect to him who is ready to sacrifice his life for the public) binds us.  
Colchester 27. Sept. 1643. Ex. 

Thomas Laurence, Major.  


Aldermen,  
Henry Barrington,  
Thomas Wade,  
john Langley Captain▪  
Robert Buxton,  
Ralph Harrison,  
john Fruly,  
William Cook,  
john josceline 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, etc. To Our Trusty and well beloved John Marsh, JohnNorburg Esquires, Richard Hawkins; Henry Parker, Robert Sparrow Gentlemen, greeting;  
Whereas we being heretofore informed that William Smith, alias, dousing late of Colchester in the County of Essex, Mercer, using and exercising the trade of Merchandise by way of bargaining, exchange, bartering, chevisance, seeking his Trade of living by buying and selling, about the month of December now last passed, did become Bankrupt within the several Statutes lately made against Bankrupts, 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 several Statutes lately made against Bankrupts did by our Commission under our great Seal of England dated on or about the seventeenth day of january now last passed, name, assign, appoint, constitute and ordain you our special Commissioners; and did thereby give full power and authority unto you four or three of you, whereof you the said John Marsh or john Norburg should be one according to the same Statutes and every of them not only concerning the said Bankrupt his body lands, tenements, freeholds, and Customary goods, debts, and other things whatsoever, but also concerning all other persons, which by concealment, claim, 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 john Marsh or John Norburg should be one to proceed to the execution and accomplishment of the same Commission withal diligence and effect, as our special trust was in you reposed, as by the said Commission, remaining in the hands of you or some of you may appear: Now for divers reasons expressed in a Petition exhibited by the said William dousing, alias, Smith, and a Certificate thereunto annexed unto the right honourable the Lords and other Commissioners for the great Seal of England, which Certificate was made by the Mayor, 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●● Plaintiffs, 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 proceed 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, dousing and committed him to custody, that you presently cause him to be released and set at liberty; and also if you have by virtue of the said Commission taken or seized any of the goods or estate of him, the said William Smith, alias, dousing, you do forthwith cause the same to be restored unto him, the said William Smith, alias, dousing, our said Commission▪ or any thing therein contained to the contrary hereof in any wise notwithstanding:  
Witness Ourselves at Westminster the tenth day of February in the nineteenth year of our Reign. 

Latch and  
jenyns.     

Whereupon by the Council of friends the Defendants wife repaired to Mr. William Arwaker of the society of Lincoln's Inn, and now an inhabitant of Colchester, whose skill and constancy to do right (maugre the devil and all beasts and birds) hath made him famous, who delights more in truth then i● praise; And he advised the course and drew the Certificate, did prosecute and manage the whole business for which all good men and Soldiers ow● him thanks, for the having been a Soldier and approving himself every way for the public.  
By all which it appears that no man shall be made a sufferer who labours or ventures his life for the public good, and that neither any shall need to be afraid to go into the public service, or enforced to return for any ●th●● cause before spoken of, but may undoubtedly be encouraged to proceed in a work so good and just, and to receive such recompense and provisions made for themselves, wives and families, as by Ordnance of Parliament is provided; And it were to be wished that before any such Commissions in these times he granted, it might be examined whether the party against whom it shall be prayed hath been or is in the actual service of the King and Parliament.