Talbot County Court Proceedings, 1662-1674. 521





  shall by the Said wharton be here In Iniployed for euery of the Said Liber BB
  negroes or Such lesser number as shall by lott fall unto the Said No.2
  Sibery the quantity of three thousand Six hundred and Eighty
  pounds of Bright and large tobacoe without ground Leaues and
  Seconds and In Case the Sd master or pson Imployed by the said
  Wharton See Cause to refuse all or Any of Said tobacoe the said
  sibury shall within three dayes more giue and Deliuer to the use of
  the Said wharton for Euery such negroe the three first men and
  within three days more giue and Deliuer to the use of the Sd wharton
  for Euery such negroe the thre first men Exepted bills of Exchange
  for twenty two pounds Sterling with Sufficent Caution to the sat
  tisfaction of the psons Concerned and Imployed herein payable in
  three Months after Sight att London
   the Said Jonathan Sibery doth Couenant and Ingage that till Such
  time as the Said tobacoe be by him deliuered and by the pson Im
  ployed by the Sd wharton Acsepted or till bills of Exchaing to Con- [p.—]
  tent be deliuerd he nor any other pson shall nor will not upon Any
  psence of purchase Contract or Any manor of Right Clame nor de
  mand out of the sd uessell any more negroes then the first three which
  are Allready paid for and that this as is Aboue Exsepted he will
  Acsept According to Lott and that after the Expiracon of tenn days
  next Ensueing such vessells Ariuing in Sd Riuer payment being nott
  tendred or not Accepted as Afore said the said master shall haue
  Liberty to depart the Said Riuer or then at his pleasure to Remayne
  and disposse of Such neagroes not withstanding any thing Seming
  to to the Contrary and that the Sd Sibery default to Receiue all or
  any of the number of negroes Ingaged to be deliuerd him from
  Abord Such vessell by lott as Aforesd Shall be owned by the
  Sibury and to all intents Interpreted a delinquency and Breach of
  Contract One his part:
   the Said wharton doth Couenant and Ingage that in case of Such
  damage death disapointment or Accedentes as Aforesaid he be maid
  uncapable of Complying with and deliuering the negroes as Aforesd
  to the Said Jonathan Sibery that then within one month after the
  first Certayne advise here In he will pay to the Said Sibery his heires
  or Assigns at the town of Boston in Newe England Sixty nine pounds
  of Currant Money of newe England the sd Sibery or Against giueng
  full discharge from all Couenants of this Contract upon Receipt of
  the Aforesd Sume
   And Lastly it is Couenanted and agred by and Betweene both
  parties herein that each for pformance of his respectiue part Stand
  firmly bound by other in the Some of one hundred pounds Sterling
  payable by the Said parties dilinqt to the parties obseruant and it to be
  undrstood that one the parts and behalfes of the Said wharton neither
  the Said three first menconed negroes nor Sixty nine pounds men
  coned are to be accompted any part of his penalty In wittness whereof