418       Chancery Court Proceedings, 1672-73.

        Liber P C   six millrays which he lent the Complt to repayre his shipp Providence
               which he must pay to Nethway with Ten p Cent. p ann. till the
               money was Repaid according to the Custome of ifyall with Two paps
               the defndt said were Lost or unjustly taken from this Defend.t
               Togeather with a Lre and a Bill wherein the Complt stood Indebted
               to a Dutchman in Delaware in a Quantity of Tobacco And the
            p.38    Defendt Confessed the account given to the plt was not a perfect
               account The defendt then being Sicke and could not Attend the
               pusall of his papers but is now willing to Give this Court a more
               perfect accompt which he did Annex to his answer and saith his own
               Sloop was Hyred out a ffortnight which he charges but at seaven
               hundred pounds of Tobacco p moneth and he never had lesse than
               Eight hundred pounds of Tob p moneth. And that he did Hyre
               Coopers and Provide new Casque. Denyes he sold any wynes at
               under Rates or for lesse than he had sufficient Order and without
               any Private Interest to himselfe. Denyes his servants with his privily
               did make use of the Key of the store to drinke the wynes, but he
               finding the Locke Injured put on a new one and built a new Roome
               to preserve the wyne and put one to Lye there to secure the wynes,
               sayes he sold but five barreils to Browneing and not ffourteene as
               in the bill is falsely Alleadged which was part of the ffourteene Bar-
               rells the Defendt tooke to his perticular Account. As for the twelve
               Gallons sold to Measure and the Rest they were all Charged to the
               account sold to Samuell Groome. Denyes he Reserved to himselfe
               any wynes not Charged to account, which was not allowed in the
               account after the last of July save onely a small parcell which he had
               in his Celler for the entertayneing the plt and others that came to
               buy wyne. Thereby to Avoyd trusting a servt into the wyne house.
               In the tyme this Defendt was at meate Denyes he ever received any
               order not to sold the wyne undr Two Thowsand five hundred pounds
               of Tobacco p pipe But sold the same according to the best of his
               skill and ifoilowed the pits order who was glad to have them sold
               upon any Condicon they beeing poore small wynes and apt to fade
               being Rackt, Knowes nothing of any dead ifraight due but if any the
               plt ought to pay the same the Defendt haveing delivered Bills to the
               plt for Twenty Two Thowsand seaven hundred & Eighteene pounds
               of Tob being part of the produce of the said wynes. Denyes he
               Converted any of the Tobacco Reced to his owne use. Denyes also
               that ever he denyed to shipp what he Received but did shipp the same
               as the same was received as by Account appeares. Saith he heareing
               the plt was Intended to deprive Mr Nethway of the produce of the
               said wynes and to goe for Holland he refused to deliver him the
               Bills mencconed as it was Law full for him to doe he being intrusted
               by nethway as afforesaid. But is Ready to deliver the same into this
               Court or give security to have the same forthcomeing if the Complt
               would give security for the Twenty Two Thowsand seaven hundred