494        Chancery Court Proceedings, 1677.

       Liber P C  upwards as he verily beleeved and the Said other def.t Nathaniell
              by his answer did Sett forth that he was Seized in fee of the prem-
              isses and that att his going for England he had noe intention to sell
              the Same nor had any Comunication with the Comp.lt about the
              Same, but att his Returne the other defend.t informed him of the
              Contract as before in the said other defendts answer is Sett forth
              and the Defend.t was willing to Confirme the same and Saith in all
              other things as the Said other Defend.t hath before Sett forth and
              Expressed, And further that he did not know what Charges the
              Comp.lt had been att in cleering and building upon the premisses
              nor did he ever shew him any noate thereof but the Defend.t be-
              leived and hoped to prove to this Court that he had satisfied and
              Reimbursed himselfe all suth Charges as he had laid out thereupon
              by preception of the profitts of the Premisses for the said terme of
              four yeares with an over plus or might have soe done and Enjoyed
              the Benefitt of the said Bargain had itt not been through his own
              wilifull default and that he was really damnified for want of the
              said Purchase Consideration tenn Thousand pounds of Tobacco and
              upwards and itt being alleadged by the Comp.lts Attorneys that itt
              appeared by the said Defend.t Thomas Trumans letter or writeing
              under his hand as aforesaid which was by the Defend.t in his answer
              Confessed to have been by him given to the said Comp.tt and now read
              in Court that the said Thomas Truman thereby did agree promise that
              his said Brother the said Nathaniell should make and give to the
              Said Comp.lt a good Sale of the premises, or else that the said Thomas
              Did bind himselfe his heyres Executors & Administrators firmly by
              those presents to make full Satisfaction to the Said Comp.lt for all
              his Charge and trouble he hath been att in Seating of the Said land
              and that the best way of giveing Sufficient assureances of Land is to
              give Generall Warranty as in this Case was required and which the
              said Comp.lts attornyes urged was necessary to be given Since there
              was not onely a report that the said Land was within mij Lords
              Manner but that it was made appeare there was one bound tree
              found upon the said Land which was the Reason that the Comp.lt
              demanded a deed with a Generall Warrantij, and upon makeing
              Such Deed he tendered part of his purchase Consideration and was
              readij to have given Security for the Remainder which was Refused
          p. 108  to be Made or Received and that therefore the Comp.lt ought to be
              reimbursed his Damages and Charges aforesaid according to the
              said Defend.t Thomas his agreement aforesaid But the said Defend.ts
              attorney alleadging that by the said agreement the said Nathaniell
              was not to give Generall Warranty but such Conveyance as was
              then usual in this Countreij and the said Land was then and Still is
              cleer of his Lordps Mannor and that he is already Reimbursed
              what he layd out by preception of profitts this Court thereupon and
              upon Reading the said Letter or writeing of the said Thomas