498       Provincial Court Proceedings, 1669—70.

        Liber jj   Dominion of Caecilius &c Annoq Domini MDCLXvi by his certeine
              bill obligatory bearing date the day and yeare abovesaid, sealed with
              the seale of him the said John, and here in Court brought, did owe
              and was indebted to the said William in his life time the full quan-
              tity of Two thowsand pounds of good sound Marchantable Tobacco
              and caske to be paid unto the said William or to his certeine Attorney
              his Executours Administrators or Assignes, on or upon the tenth day
              of October which was to be in the yeare of our Lord One Thow-
              sand six hundred sixty and Eight at the plantation of the said John,
              scituate in Herring cneeke in the aforesaid County of St Maryes To
              the which payment well and truly to be made the said John Did binde
              himself his heires Executours and Administrators firmly by the said
              Bill Notwithstanding the said John, the said sume of Two thowsand
              pounds of Tobacco and caske, according to the Tenor and Effect of
              the said Bill to him the said William in his life time, non to her the
              said Mary after the death of the said William while she was sole, nor
              to the said Daniell and Mary, after the marriage betweene them Cele-
              brated hath not paid but doth altogether refuse to pay the same
              though thereunto by the said William in his life time and by the said
              Mary while she was sole & by the said Daniell and Mary after the
              marriage betweene them Celebrated he hath beene required, to the
              great Damage of them the said Daniell and Mary, and to the retarda-
              tion of the Execution of the said Testament whereupon they say they
              are damnifled, and have lost to the vallue of three thowsand pounds
              of Tobacco, and thereupon they bring their suite and they bring here
              into Court aswell the bill aforesaid, which witnesseth the debt afore-
              said in forme aforesaid, whose date is the day and yeare aforesaid,
              as also the Letters Testamentary, whereby it may more plainly ap-
              peare that the said Mary is Executrix of the said last will and Testa-
              ment of the said William, and thereof hath the administration.
                And the said John by Robert Carvill his Attorney cometh and
              defendeth the force and Injury when &c, and as to the two thowsand
              pounds of Tobacco in caske in the declaration mentioned the said
              Robert saith he is not informed by the said John his client of any
              answere thereunto to give, therefore the said Daniell & Mary doe
              remaine against him the said John, as to the said sume of Two thow-
              sand pounds of Tobacco and caske, undefended.

                Whereas I am impleaded in the Provinciall Court at the suite of
              Daniell Jenifer and Mary his wife Executrix of the last will and
         [p.48]    Testament of William smith deceased in a plea that I render them
              Two thowsand pounds of Tobacco and caske, These are therefore to
              desire and Empower you Robert Carvill gentt, to appeane for me in
              that accon, as my Attorney and con fesse Judgement for the same
              unto the said Daniell and Mary his wife for the said sume of Two
              thowsand pounds of Tobacco and caske, and for so doeing this shalbe