,

• all neceffary expences, and money for carrying on the faid joint dealing; and your ⚫orator not in the least doubting but that the faid Jofeph Williams would have fairly accounted with your orator, før and concerning the faid partnership, your ora tor, after the expiration of the faid partnerfhip, had feveral further dealings with the faid Jofeph Williams, for feveral forts of goods, wares, and merchandizes. But your orator at length finding that the faid Jofeph Williams began to fuffle with him, became very uneafy, and defired the faid Jofeph Williams to come to a fair account 'with your orator, touching and concerning the faid partnership, which the said Joseph Williams refus'd to do, though often requested thereunto by your orator, in a very friendly manner: And the faid Jofeph Williams, instead of accounting fairly with your orator as aforefaid, brought an action at law against your orator for 2001. pre"tended to be due to him from your orator;

and by reafon of your orator's fuffering himfelf to lie in prifon, on account of the faid partnership, the faid Jofeph Williams declared against your orator on the faid action, and brought on the fame to a trial at the Common-Pleas bar at Westminster in the laft term, when by the neglect of your orator's attorney, in not fubpoenaing your orator's witneffes, in or-. der to enable your orator to make a proper defence on the faid trial, the faid Jofeph • Williams obtained a verdict against your orator for 5ol. or fome fuch large fum of money. And the faid Jofeph Williams now 'threatens that he will speedily take out an ⚫ execution against your orator, and levy the • faid fum on your orator's flock and goods,

and that he will alfo bring feveral other actions at law against your orator. And although your orator did foon after the faid • verdict apply himself to the faid Jofeph. Williams, to adjust and amicably fettle all ⚫ accounts with your orator, and that he hath fince been often requested thereunto by your ⚫orator's friends and agents in a very friendly ་ manner, yet he still refufes fo to do; and ⚫fometimes the faid Jofeph Williams gives ⚫ reports out in fpeeches, that your orator had not any fuch skill and knowledge in or about the faid dealings, as he pretended, and that your orator never acquired to himself there⚫ by, or otherwife, any fum of money whatfoever; whereas your orator exprefly charges (as the truth is) that your orator understood the faid dealings and affairs as well as any other man did; that thereby your orator acquired to himself the fums aforefaid; and that upon that account, the faid Jofeph

• Williams apply'd himself to your orator te become his partner. And at other times the faid Jofeph Williams pretends that he never applied to your orator to become 'your orator's partner, but that your ora tor applied to him the said Jof. Williams for that purpose; whereas the faid Jofeph Williams did, as your orator charges, really apply himself to your orator on that account, feveral times and in feveral places, 'before your orator would admit him to be your orator's partner. And at other times the faid Jofeph Williams pretends and declares that your orator was by the faid agreement, to bear two thirds of all the expences, cofts and charges in providing neceffaries, and otherwife, in and about the faid partnership, when there was not in reality any other agreement made between your orator and the faid Jofeph Williams, touching or concerning the faid partnership, than what your orator hath herein before fet 'forth. And the faid Jof. Williams well knows in his confcience, that the fame is true; notwithstanding he now reports, and gives out in fpeeches, the contrary thereof, well 'knowing that no witness was present at the

time of your orator's making the said agree6 ment with him. And the faid Jofeph Williams defigning to defraud your orator of bis right and title to one moiety of the profits of the faid premifes, doth therefore now deny the faid agreement. And at other times the faid Jofeph Williams pretends, that when your orator and the faid Jofeph Williams dealt for any of the faid commodities, that your orator had the difpofal thereof, and kept all the money arifing by the fale thereof, and that he the faid Jofeph Williams always paid the money which was paid for the faid commodities fo dealt for; whereas the faid Joseph Williams (as your orator exprefly charges) well knows the contrary thereof to be true, and that when your orator and the faid Jofeph Williams had dealt for many borfes, fwords, watches, canes, or other things, your orator paid as much money for the fame, as the faid Jofeph Williams. And your orator alfo charges that the faid Jofeph Williams, who had the possession and disposal thereof, received all the money arifing thereby, and never accounted with your orator for the fame, or paid your orator part or share thereof; which if he would now do, a 'confiderable fum of money would remain due to your orator, after paying or allowing thereout all the money fo recovered by the faid verdict on the faid action as aforefaid with the cofts thereof. Therefore the faid Jofeph Williams ought not to vex your

orator

orator with any fuch actions at law. And at other times the faid Jofeph Williams denies, that he ever brought any action at ⚫law against your orator, and that if he did, ⚫ the fame was brought to recover a just and · boneft debt; whereas in truth, the faid action was fo brought on the account aforefaid, and on no other account whatfoever. All which practices and doings of the faid Jofeph Williams and others in confederacy with him, are contrary to right, equity, and good confcience, and render your orator less able to pay the debts which he oweth to his Majefty, at the receipt of this honourable Court. In tender confideration whereof, and for as much as your orator's witneffes, who could prove the truth of all ⚫ and fingular the faid premises to be as herein fet forth, are either dead, or gone beyond the feas into places remote and unknown to your orator, and for that your orator is re⚫ medilefs in the premises by the strict rules of the Common law, and relievable only in a Court of Equity before your Honours, where just difcoveries are made, frauds detected, and juft accounts stated : To the end therefore, that the faid Jofeph Williams, and the rest of the faid confederates, may feverally upon their refpective corporal· oaths, true, full, direct, and perfect answers make to all and fingular the faid premifes, as fully as if the fame were here again particularly repeated and interrogated ; and more ⚫ especially that the said Joseph Williams may fet forth and difcover whether your orator had not fuch great skill and indufry in the dealings, affairs, and business aforefaid, as herein before is mentioned; and whether your orator had not acquired to himself thereby, and otherwife, the faid fums of money fet forth or any other, and what fum or fums of money; and whether the faid Jofeph Williams did not apply himself to your crator,

to become your orator's partner herein, as 'before is fet forth, or how otherwife; and whether fuch partnership was not enter'd into, and fuch agreement made as herein ⚫ before are also fet forth, or in why, and what other manner and form carried on ; and whether the faid agreement, or any • other, and what agreement was made between your orator and the faid Jofeph Williams, touching and concerning the faid partnership, or any other, and what • partnership. And that the faid Jofeph Williams may alfo fet forth ad discover ♦ what fort of commodities he usually dealt in with your orator, and in what manner, and

6

at what prices were the faid commodities paid for, and by whom, and at what times and places; that he may likewife fet forth and difcover, how much money was really 'paid in all the faid dealings, affairs and bufinefs, during the faid partnership, and who paid the fame, or any, and what 6 part thereof, towards carrying on the faid partnership and joint dealings, and when, and where the fame was paid, and what • books, papers, writings, and memorandums, and accounts, were ever kept by, or between your orator and the faid Jofeph Williams, during the time they fo continued partners together, and where the fame are now, and in whofe cuftody or keeping; and that he may fet forth all the faid books, papers, writings, memorandums, and accounts in beec verba; and that the faid Jofeph Williams may further fet forth and difcover what other dealings he had 'with your orator fince the faid partnership determined, and wherein did the fame confift, and when were the fame so had. And that the faid Jofeph Williams may moreover fet forth, whether he did not bring fuch action at law against your orator, as is herein before fet forth, or any other, and what action; and when, and where, and why he fo brought the fame, and what pro⚫ceedings were had thereon, and whether fuch verdict was obtained therein as aforefaid, or any other, and what verdict, and for what fum of money: And that the faid Jofeph Williams may, by the decree of this honourable Court, be compelled to come to a fair account with your orator concerning the faid premifes, and be ordered to pay to your orator, on stating the faid account, what fhall appear to be justly due to your orator. And that your oratør may be further, and otherwife relieved in all, and fingular, the faid premises, according to equity and good confcience, and the nature and circumftances of his cafe; and that in the mean time the faid Jofeph Williams may, by the injunction of this honourable Court, be enjoined from proceeding any <further at law against your orator, upou the faid verdict fo bained as aforesaid, and alfo from proceeding at law against your orator, on any other of the faid actions, which the faid Jofeph Williams threaten'd to commence against your ora

6

tor.

And your orator shall ever pray, &c.

JONATHAN COLLINS.