Chancery Court Proceedings, 1672-73.     417

    and his Coepartner were Damnifyed the Sume of Thirty five pounds Liber P C
    in money which the Defend.t ought in Equity to make good. And
    the Defendt Refused to let the Complt have the Remaynder of the
    produce of the Said wynes or the Bills taken for the Same that he
    might Endeavor the recovry thereof to the Complt and his Partner's
    great Damage. Therefore that the Defendt might Come to a Just & p. 57
    true Account for the produce of the Said wynes and make Sattis-
    faccon to the Complt for the produce thereof with Damages for
    dead ifreight and other unjust deteyneing the Same and that the
    Defendt might upon his Oath true Answer make to all & Singular the
    prmisses and that the Complt Might be Releived therein According to
    Equity he humbly Craved the favorable Ayd & Assistance of this
    Honrable Court and that processe of Subpeãna might be thereout
    Awarded to Appeare in the Said Court and Answer the prmisses.
    The which being graunted and the Said Defendt therewithail served
    He appeared Accordingly And putts in his Answer to the Said
    Bill. And thereby did Sett forth that the Said Ketch Comeing to
    Anchor in yorke Rivr in Virginia The master thereof Boone did
    Invite the Defendt on board and desired the Defendt to Pilot him
    up Potomack Rivr the defendt refuseing to goe to Patuxent which
    he did and Boone paid him for the Same. And Comeing to an Anchor
    neare St Georges Island in Maryland The Complt Received Advise
    that Our Raymond Stapieford had a Judgemt against him which
    made the Complt unwilling to goe to Patuxent. But he Came and
    Agreed with this Defend.t to Receive & Sell the Said wynes which
    he pretended was in partnership betweene him & Nethway And
    then gaue the Defendt A power to that Effect with promise to Allow
    him Seaven and a halfe p Cento. for Sale & Selleradge and Assisting
    to Recovr Debts. And further to allow unto the Defendt all other
    necessary Charges wch he should be at about the Said wyne. And the
    next day ffollowing the plt had Advice from some mrchants and
    planters that there were Certeyne psons Coming to Call him to
    Account for four Bayles of Silke Carryed by the plt from New
    England to Bilboa in Spayne So that he the Said plt gave this Defendt
    Another Order writt with his owne hand to this Effect. (vizt)
    Capt Neale Mr John Nethway of ffyall hath shipped on Board in
    the Hopewell of London Andrew Boone Master Twenty Tonns of
    ffyail wynes in pipes Barrells & Hogsheads as by the bill of Ladeing
    you may See who Consigned them to meet but verbally Gave me order
    to Deliver them to you, if you were Liveing, Which I desire you to
    accept and make the Retornes according to mr Nethwayes order &
    advice which I herewith give you. And therewith the Complt gave
    this defendt Instruccons writt with the hand of the Said Mr Nethway
    but directed to the plt wherein he advised the said plt that he shipped
    aboard the said Ketch the wyne afforesaid, and that he had disbursed
    for the whole Charge of the said wynes, as also Two hundred Eighty
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