Chancery Court Proceedings, 1675.  469

     said Goods (made over as Security as aforesaid) by vertue of his Liber P C
     Bills of Lading soe gained as aforesaid & COmanded the Camp :1t
     with the said Shipp & Seamen to Sayle to the Port of London without
     Shipping one pound of tobacco on her but to lett her goe empty
     Which the said Seamen understanding and that if the said Master
     parted with the said Goods (security as aforesaid) they would have
     their pay Secured out of the said Shipp furniture & tackle till which
     done they refused to Sayle And thereupon the said Edward Leach
     takeing advantage thereof did not only drawe a Protest against the
     Camp :1t but hath brought three severall Accons against the Comp ;It
     one for breach of the said Charter party & the other two on the said
     two Bills of Ladeing & proceeds with all violence therein intending
     as much as in him lyes to ruine the Comp:lt contrary to Equity
     Therefore & for as much as matters of this nature are only proper
     for a Court of Equity the Comp :1t in stricknes of Lawe being not
     able to In force paym :t for the hire of the said Shipp till the Certi-
     ficate returned as aforesaid & to have security for the same & to
     indempnifie the Comp :1ts said Shipp from the Seamens Wages afore-
     said, and for that there is an apparent fraud in the said ffulford &
     Leach to defeat the Comp :1t & others his owners of the hire of the
     said Shipp by sending her home empty yett Sueing for the said Goods
     (which are as security as aforesaid) against which fraud he humbly
     craved the aid & assistance of this Honble Court & that the said
     ffulford & Leach might answer the prmisses & be Ordered to pay
     or Indempnifie the Complt & Shipp from the said Seamens Wages &
     from Port dutyes paid & to be paid & pay & Secure the pay for the
     Victualling of the said Shipp, & pay or secure the pay for the hire
     of the said Shipp by & out of the Goods Shipped on board the said
     Shipp, & that the Goods remaining in the said Shipp may be Ap-
     praised & Sold for paym.t of the same accordingly & that the said
     Suites might be stayed by Injunction & the Complt releived according
     to Equity was the scope of the plaintiffes Bill whereunto the Defend.t
     Edward Leach (the other Defend.t being absent in England) being
     duely served with process for that purpose appeared & answered the
     said Compits bill, & thereby (amongst other things) did Sett forth
     that he believed there was such a Charter party betweene the Comp :1t
     & ffulford & that the Camp :1t sett Sayle & was forced into Barbadoes
     to refitt & Amend but beleived itt was through the negligence Of
     the Master & Seamen That being att the Barbados & the Complt p. 84
     well knowing the Defend.t to be the ifactor & Assignee of the other
     Defend.t ffulford, and that the Goods in the said Shipp were con-
     signed to the Defend.t Leach, and that the Comp :1t was to observe
     his orders & direccons touching the Goods in the said Shipp & alsoc
     f or the stay or returne of the said Shipp according to Charter party,
     he the Comp :1t did apply himselfe to the said Leach for his assistance