56        Chancery Court Proceedings, 1671.

       Liber C D  for the Comp.lt Cowell tendred the S.d Costs & prayed Stay of the
              Said Inrollm.t and to have the Cause again admitted upon w.ch the
              Inrollm.t was Respited till the arrivall in this province of the Right
              Hon.ble Charles Calvert Esq.r Chief Judge in Equity and upon
              mocon made y.e S.d day in Court by the Attorney Morecroft for the
              Comp.lt Cowell that the Cause be again heard next Co.rt and that
              the Said m.r Morecroft first pay the one thousand pounds of Tobacco
              Costs Taxed last Court and Give Security to pay further Costs if
              the Said Bill shall be again the Second time dismissed after w.ch
       (fol. 56)  there shall be a Summons or Subp.a issued ag.t the def.t Sybrey to
              Come to hear Judgem.t as af.d which Said Srniie of one thousand
              pounds of Tobacco for Costs was paid & Security to pay further
              Costs was Given by the Said John Morecroft according to the
              S.d Order and thereupon Subpoena was issued out ag.t the defendant
              Sybrey to hear Judgm.t this next Court being duely Served &
              the defend.t appearing thereupon the Cause Came to hearing this day
              that is to Say the Eighteenth day of ffebruary in the year of our
              Lord one thousand Six hundred and Seventy before the Right Hon-
              ourable Charles Calvert Esq.r Chief Judge in Equity Phillip Calvert
              Esq.r Chancellour of this province and the Rest of the Justices of
              the Court of Chancery in the presence of both parties Comp.lt and
              defend.t and the Attorneys on both Sides the Scope of the Comp.lts
              Bill and Replication and the defend.ts Answer appeared to be as is
              before Set forth and Recited whereupon and upon Reading the
              defend.ts Answer & the p.lts Replication being Seriously viewed
              and Considered by this Court Together with the proofs taken in
              the Said Cause and hearing what could be alledged on Either Side
              this Court was all Clearly Satisfied that the s.d Release in the
              defend.ts answ.t in Barr pleaded was not a Sufficient discharge of
              the defend.t ag.t the Comp.lt But that the Comp.lt ought in Equity to
              be Relieved and that the defend.t ought to pay to the Comp.lt the S.d
              Sume of Twenty thousand pounds of Tobacco in the Complainants
              Bill menconed according to the purport of the Bill of Sale thereof
              made by the Said Witham to the Said Complainant Benjamin
              Cowell w.ch S.d Sume of Twenty thousand pounds of Tob.° To-
              gether with Twelve pounds fifteen Shillings Sterling for his Costs
              to them adjudged by this Court the s.d Jonathan Sybrey is Ordered
              and Decreed to pay to the Comp.It Benjamin Cowell accordingly,
              We do therefore hereby Strictly Charge & Comand you that all &
              Every the matters and things in the Said finall Judgment or decree
           p. 48 mentioned Specified and Contained So far as the Same or any of
        (fol. 56) them doe in any ways touch & concern you, you do well & truely
              observe perform fullfill & keep to all Intents and purposes according
              to the Teno.r and true meaning thereof and that you pay unto
              the s.d Comp.lt Benjamin Cowell the Said Sume of Twenty thousand
              pounds of Tobacco Together also with twelve pounds fifteen Shill-