Chancery Court Proceedings, 1672-73.     421

    hath Refused to his Owne wrong. And the Great Damage of him Liber P C
    the said Bailey. Wee Doe therefore according to the Custome of 41
    mrchants in such cases usuall, Humbley ffurther Report unto this
    High and Honble Court, That the said James Neale ought to pay the
    afforementioned Quantity of Thirty Three Thowsand & iforty six
    pounds of Tobacco to the said John Bailey upon Demand out of his
    Owne estate without Chargeing the said John Nethway and Bailey
    with any bad Debts that hath Accrued upon the sale of the said wynes:
    And whereas the said John Bailey did produce unto us an Account
    wherein he Charged the said James neale with sevrall quantityes of
    Tobacco for Damages Susteyned by him the said John by Reason
    of the said James his not Accompting with him sooner, and hath
    Kept him a Long tyme in Trouble in these Remote parts from his
    bussinesse to Recour his Right in this Hon.ble Court. And for his
    charges Damages Expended and susteined in and about the same.
    And other Charges and Expences he hath beene at which hath beene
    incurred by Reason of the said James Neales Refuseing to account
    with him in Reasonable tyme as he ought and was ingaged to doe.
    All which wee humbly Conceive was not matter within the Corn-
    mision to us Directed, so Lay not before our Consideracons to
    Report, wherefore we have Omitted it and Leave the said Bailey
    himseife to prsent it to this High and Honrable Court to Determyne
    And in Confirmacon to this our Report wee have hereunto sett our
    hands & ffixed our scales the sixt day of January in the yeare of the
    Dominion of Caecilius the forty first Annocp Dom 1672: Thomas
    Notley Sealed Benjamyn Rozer sealed as by the said Report and
    Account Annexed Remayneing in the hands of the Register of ouz
    said Court Relation being thereunto had more fully and Largely it
    doth and may Appeare. And afterwards to witt upon the Eleaventh
    day of this Instant ffebruary these causes Coming to be heard before
    his Excellency Charles Calvert Esq Cheife Judge in Equity. The
    Hon.ble Phillip Calvert Esq Chancell.r and the rest of their officials
    Justices of the same Court in the prsence of the sevrall pits and
    Defend.ts in these causes and their Attorneys of both sides where-
    upon and upon Reading the said Report and heareing what could be
    Alleadged on either side and haveing seriously Debated the matters
    betweene the said partyes This Court Court doth think ffitt and so
    order and Decree that the said Report and all and only the matters
    and things therein Conteyned Doe stand Rattifyed and Confirmed
    by the Decree of this Court to be observed and performed by the
    said partyes to all intents and purposes According to the True
    Intent & meaning thereof. And that the said James Neale doe forth-
    with pay unto the said John Bailey for the Joint Account of him and
    the said John Nethway the said sume of Thirty Three Thowsand
    fforty six pounds of Tobacco with Casque to Conteyne the same