164


                   Provincial Court Proceedings, 1673.

         Liber M M   and they likewise pray ye hearing of ye Condicion of the said writing
                 obligatory and it is also Read unto them in these words The Condi
                 cion of this obligation is such that if the above bound Thomas
                 Ingram & John Wright or either of them or their heires or assignes
                 doe well & truly pay or cause to be payd unto the aforesayd Jonathan
                 Sybrey or his heirs or assignes the yearly Rent of six Thowsand
                 five hundred pounds of good sound Marchantable Tobacco and Caske
                 according to act of Assembly with Conveniency upon the Island
                 of Kent so that the said Rent be yearly satisfyed by the Tenth day
                 of Decemb for the full Terme of three yeares next Ensueing as
                 appeares at large in a graunt from the said Sybrey and his wife to
                 the said Thomas Ingram and bearing date. with these prsents more
                 fully appeareth and also to observe and Keepe the Covenants con
                 teyned in the said Deed according to agreemt then this prsent obliga
                 tion to be voyd and of none Effect otherwayes to stand in full force
                 power and vertu in Law Dated the 23th day of January 1667 as
                 witnes their hands and seales wch being Read and heard the said
                 Jeremiah & Mary his wife pray liberty of speaking thereunto untill
                 the first day of the next Provincial Cort being the Eighth day of
                 Aprill next and the same day is given to both ptyes. At wch said
                 Eighth day of Aprill came the said Jonathan Sybrey by his said
                 Attorney and offered himself agt the said Jeremiah and the said
                 Jeremiah by his Attorney came likewise and the said Jeremiah and
                 the said Mary say that they by virtu of the said writing of the said
                 Debt in the said writing mentioned ought not to be burthened because
             p. 101  they say that the said Thomas Ingram in his life and the said Mary
                 after his death whilst she was sole and the said Jeremiah and Mary
                 after the Espowsall's betweene them hath well and truly pformed
                 all and Every the Covent in the said Graunt conteyned & pray the
                 hearing of the said Graunt and the said Jonathan may his breach
                 therein assigne.
                   And the said Jonathan saith that he ought not to be barred from
                 having his accoñ aforesayd for that the said Thomas Ingram in his
                 life time nor the said Mary & Jeremiah since his Death have not
                 pformed the Covents in the said bond and graunt conteyned as the
                 said Jonathan can make appeare to this Cort but they say they can
                 not pduce the sd graunt being only a lease for three yeares of wh no
                 Counterpt was Ever made and the Originall Delivered to the said
                 Thomas Ingram and now is in the Custody of the said Jeremiah
                 and Mary and by him Deteyned and this he prayes may be inquired
                 by the Country.
                   And now here at this day to wit the Twelveth day of November
                 in the 42th yeare of the Dominion of Caecilius &c Annoq Domini
                 1673 the Cort making Examination into the business the plt suffered
                 a non suite wherefore it is considered by the Cort that the said