54         Chancery Court Proceedings, 1671.

       Liber C D  Witham to the def.t in fulfilling and pursuance of a Certain Award
              & Arbitram.t made by Edward Lloyd Esq.r Thomas Notley Gentl
        (f 1P.    9 bearing date the fourth day of June one thousand Six hundred
             Sixty and Eight, by w.ch Award & Arbitram.t the def.t was
              Awarded to pay to the Said Cutbert Witham forty Thousand two
              hundred and four pounds of Tobacco, and the Cutbert Witham
              by the Said Award was Enjoyned to Sign and Seal the Said Release
              in the Answer of the s.d defend.t menconed but never Intended by
              the S.d Arbitracon that the S.d Release should Insure and be Con-
              strued to Cutt off and discharge the Said Sume of forty thousand
              two hundred and four pounds of Tobacco So by the Said Arbitrator
              Awarded to be paid to the Said Cutbert Witham, and the Comp.lt
              further Saith that he the s.d Comp.lt is a merchant Residing in the
              City of London, and the s.d Cutbert Witham was then a merch.t
              Resideing Likewise in the aforesaid City of London and the s.d
              Cutbert by a Certain Deed of Sale under his hand & Seale bearing
              date the first day of ffebruary in the year of our Lord one thousand
              and Six hundred Sixty and Seven and in the Twentieth year of the
              Reign of our Sovereign Lord King Charles the Second &c. for &
              upon Good Causes and valuable Consideracon him thereunto move-
              ing Granted Bargained and Sold to the S.d Benjamin the Complt
              Twenty thousand pounds weight of Tobacco w.ch was then in the
              Custody of Jonathan Sybrey of Talbot County in the province of
              Maryland planter, To have and to hold the Said twenty thousand
              pounds of Tobacco & Every part thereof to the Complt his Executo.rs
              Adm.rs & Assigns from the Ensealing and delivery of the Said Deed
              to his & their use & behoof as his & their own proper Goods and
              Chattells for Security and Satisfaction of a Debt of one hundred
              pounds Sterling in Goods & merchandizes Sold and delivered by
              the Complt to the Said Witham according to the Law of merchants
              used & approved by o e of which Said Bill of Sale the Twenty
              thousand pounds of Tobacco then in the hands of the Said Jonathan
              Sybrey became according to the Law of merchants from the Said
              first day of ffebruary one thousand Six hund.d Sixty and Seven to
              be the proper Goods and Chattells of the s.d Comp.lt and the Said
              Complt in his Said Replication further Saith that the Said twenty
              thousand pounds of Tobacco of the s.d Cutbert Witham in the hands
              of the s.d Jonathan Sybry was become the proper Goods of the
              Said Replicants & Really Invested in him according to the Law of
              merch.ts as his own proper Goods and if Since the Said first day
              of ffebruary one thousand Six hundred Sixty and Seven the s.d
              Cutbert Witham hath Given any Release of all Claims demands
              debts and Duties whatsoever due to him from the Said Jonathan
              Sybrey Since the S.d first day of ffeb.ry one thousand Six hund.d

             6 Sixty & Seven as the defend.t in his Answer pretendeth, the Comp.lt
         (fol.54) then Sayth that, that Release cannot by any Construction in Equity