324       Provincial Court Proceedings, 1677/8.

           Liber N N   pounds of good sound well condiconed Mrchantable tobacco & cask
                   in some convenient place upon the Clifts aforesaid att or before the
                   fifteenth day of May next ensueing the date hereof Or if the said
                   Morgan Jones his heyres Exrs Admrs or assignes shall or doe att or
                   before the said fifteenth day of May next ensueing the date hereof
                   giue such sufficient security for the paymt of the said sume of two
              p. 560   thousand seven hundred forty & eight Pounds of tobacco with cask
                   upon the tenth day of Octobr then next following And if the said
                   Morgan Jones his Exrs Admrs or assignes shall happen to make de
                   fault in paymt of the said sume of two thousand seven hundred
                   forty & eight pounds of tobacco or give security for the paymt of
                   the same as aforesaid That then and imediatly after such default
                   made the said Morgan Jones shall become Servant to the said Wm
                   Kent his heyres Exrs Admts & assignes for the terme of two whole
                   yeares without fraud or further delay That then this prsent Obligacon
                   shall be void & of none effect, otherwise to stand & remaine in full
                   force strength & vertue. Which being read & heard, the said Morgan
                   Jones by the said Attorney prayed liberty to imparle hereunto untill
                   next Court & itt is granted unto him, the same day is given to the
                   plaintiffe also
                    Now here att this day to witt the thirteenth day of June in the
                   third yeare of the Dominion of Charles Lord Baltemore &c Annoq3
                   Doni 1678. came the said parties by their Attorneys aforesaid And
                   the said Morgan Jones by his said Attorney saith that the aforesaid
                   Wm Kent ought not to have his accofl aforesaid agt him because he
                   saith, that he the said Morgan att the tyme of the makeing the write
                   ing aforesaid was imprisoned by the said William that is to say att
                   the Clifts in Calvert County aforesaid & there in prison detained till
                   the said Morgan by force & dures of his imprisonmt the aforesaid
                   writeing obligatory to the aforesaid Wm Kent then & there made, &
                   this he is ready to averr whereupon he demands judgemt whether
                   the said William his action aforesaid agt him ought to have.
                    And the said. Wm Kent saith, that he by anything before alledged
                   ought not to be barred from haveing his action aforesaid, because
                   he saith, that the aforesaid Morgan Jones att the tyme of the make
                   ing of the writeing obligatory aforesaid was att his owne disposall,
                   att large, & the same writeing obligatory of his own meer spantaneous
                   will to the said Wm Kent did make, & not by force as the abovesaid
                   Morgan hath above alleadged, & of this he prayes that it may be
                   enquired into by the Countrey, & the said plaintiffe Defendt likewise
                   Therefore comand is given to the Sheriffe of St Maryes County that
                   he cause to come here twelve &c by whom &c who neither &c to recog
                   nize &c because as well &c And the Jurors impannelled being called
                   likewise came to witt Thomas Stagg, Wm Hemsley, Benjamin Hunt,
                   John Whittington, Edward Cooke, Edmond Dennis, Jno Tennison
                   Tho: Pattison, Richard Keen, Robert Ellys, Edward Turner & Tho: