Chancery Court Proceedings, 1671.  53

     sheweth that he did Send to John Morecroft a procuration into this Liber C D
     province in his Stead to Shew unto the Said Jonathan Sybrey the
     Said Bill of Sale of the Said Twenty thousand pounds of Tobacco
     in his hands and the Said Deputation to the Said Jonathan Sybrey
     to deliver the Said Twenty thousand pounds of Tobacco for the use
     of the Complt who utterly Refuseth to pay the Same according to the
     Said Bill of Sale Deputation and Authority by him the Said Witham p.52
     made as is aforesaid though the Sd Sybrey hath far Greater Sumes of (fol. 52)
     Tobacco of the s.d Witham in his hands, and that he might be Relieved
     herein according to Justice and Equity, he humbly Craved the Aid
     of this Hon.ble Court of Chancery and that process of Subpena
     might be thereout awarded ag.t the defend.t to appear and to Answer
     make to all Singular the premisses the w.ch being Granted and the
     s.d def.t duly Served therewith appeared accordingly & for plea to
     the Said Bill Saith that the Scope of the s.d Comp.Its Bill is that
     Cuthbert Witham of London merchant did Receive of the Complt
     Severall Goods and merchandizes to the value of one hundred pounds
     Sterling upon the Creditt as is by the sd Bill pretended of Twenty
     thousand pounds of Tobacco w.ch the Said Witham had in this (fol. 53)
     defend.ts hands, and of which the Said Witham did make to the
     Comp.lt an Assurance of policy by Bill of Sale according to the Law
     of merchants and in the Same Instrum.t did make a deputation to the
     Said defend.t to pay the Said Twenty thousand pounds of Tobacco
     to the Comp.lt or his assigns w.ch the Complt by his Attorney had
     accordingly Demande and w.ch the defend.t refused to pay the Same,
     though he hath far greater Sumes of Witham's in his hands, And
     therefore he prayeth Relief therein according to the Law of mer-
     chants, Whereunto the Said defend.t for plea Sayth that the Said
     Cutbert Witham in the Bill named was Long before the time the
     Bill was Exhibited into the Court by his Release Gen.ll under his
     hand and Seale and duly Executed bearing date the fifth day of
     June in the Six and Twentieth year of the Dominion of Caecilius &c.a
     and in the year of our Lord God one thousand Six hundred Sixty
     and Eight absolutely acquitt and Release this defend.t of and from
     all manner of Accounts Suits debts and demands whatsoever and
     Since the date of the Said Release this defend.t hath had no other
     dealings with the said Cutbert Witham whereby this defend.t
     did or might become indebted to the Said Cuthbert Witham and
     therefore this defend.t doth plead the S.d Generall Release in Barr
     to the Said Comp.lts Bill of Comp't and humbly Submits himself to
     the Ju .s of this Honourable Court whether he shall be Compelled
     to make any other or further Answer to the S.d Bill and prayeth to
     be dismissed with his Reasonable Costs to Answer of the
     defend.ts the Comp.lt Replyed and Averred his Bill to be true and
     Sayth that the Realease in the Answer menconed and
     in Barr pleaded to the Comp.lts Bill was passed by the Said Cutbert