Chancery Court Proceedings, 1672-73.     413

     by the defendt Neale. And to make report to this Court at the then Liber P C
     next Court how they found the same that so the Court being fully
     Sattisfied in the business might order and decree therm as in Con-
     science and equity they ought: And these causes comeing to be heard
     this present day before his Excellency Charles Calvert Esq Chief
     Judge in Equity, the Hon Phillip Calvert Esp Chancellr and the rest
     of their Associates Justices of this Court in the prsence of the sevrall
     pits and Defendts in these causes and their Attorneys of both sides
     And upon produccing of A Report made unto this Court by the said
     Mr Notley & Mr Rozer in pursuance of the afore recited ordr which
     Report beares Date the first day of January last past, wherein they
     did Certefie that they had (According to their consciences and best
     Judgemts) Audited Stated & Examined the said Accts and had
     Annexed the same to their said Report, and did find due upon the
     said Ballance of the same to the said Nethway and Bailey from him
     the said James Neale The Quantity of Thirty Three Thowsand &
     forty Six pounds of Tobacco and Casque to Conteyne it. And in
     Regaurd it did appeare unto them That the said Neale had Deteyned
     the said Sume of Thirtye Three Thowsand iforty and Six pounds of
     Tobacco afforemenconed from him the said Bailey for which he
     ought long since to have Accompted but had refused to his owne
     wrong and the Great Damage of him the said Bailey they doe there-
     fore (According to the Custome of mtchants in such cases used)
     Humbly further Report to this Court That the said James Nčale
     ought to pay the aforemenconed quantity of Thirty Three Thowsand
     iforty & Six pounds of Tobacco to the said John Bailey upon demand
     out of his owne estate without Charging the said John Nethway and
     Bailey with any badd Debts that hath accrued upon the sale of the
     said wynes. And whereas the said John Balley did produce to them
     an Account wherein he charged the said Neale with sevrall quantitys
     of Tobacco for Damages Susteined by him the said John by Reason
     of the said James his not Accounting with him sooner, and had kept
     him a Long tyme in Trouble in these remote parts of the world from
     his businesse To Record his Right in this Court and for his Charges
     and Damages expended and sustained in and aboui tite saiiic and
     other Charges and expences he had beene at, The same not Lyeing
     before their Consideracons to report they had Ommitted it and left
     the said Bailey himselfe to prseflt it to this Court to Determyne.
     Whereupon and upon Reading the said Report and heareing what
     Could be Alleadged on either side and haveing seriousiy Debated the
     matters betweene the said partyes. This Court doth think ffitt and
     soe Order and Decree that the said Report and all and only the mat-
     ters and things therein Conteyned Doe stand Rattifyed and Con-
     firmed by the Decree of this Court to be observed and pformed by
     the said partyes, to all Intents and purposes. According to the True
     Intent and meaneing thereof, And that the said James Neaie doe