Provincial Court Proceedings, 1673/4. 207




       Twenty Thowsand pounds of Tobacco wch to him he oweth & un- Liber M M
       justly Deteineth &c
         And whereupon the said Richard by Robert Carvile his Attorney
       saith that whereas the sd James upon the 31th day of July in the
       yeare of our Lord 1671 by his Certeine obligacon or writing obliga
       tory sealed wth ye seale of him the sd James and here in Court
       pduced whose date is the day and yeare aforesayd did acknowledge
       himself to owe & stand Indebted unto the sd Richard the sume of
       20000l of good sound Marchantable Tobacco in Casque to be payd
       to the said Richard upon Demaund, Yet Notwithstanding the sd
       James though often thereunto Required the said sume of Twenty
       Thowsand pounds of Tobacco to him the sd Richard according to
       the said writing obligatory hath not payd but the same to pay hath
       hitherto Denyed and Refused to pay and still Doth Deny and Refuse
       to pay the said Twenty Thowsand pounds of Tobacco to him the
       sd Richard whereupon he saith he is Damnifyed and hath losse to ye
       vallue of 20000 l of Tob and thereupon he bringeth his suite.
         And the said James by Kenelm Chiseldyne his Attorney cometh
       & Defends the force & injury when &c & prayeth the hearing of ye
       sd obligacon & it is read unto him & he prayeth likewise the hearing
       of ye Condicion of the sd obligacon and it is Read unto him in these
       words following. The Condicion of this obligacon is such that if
       the abovebounden James Thompson shall Keepe & save harmlesse
       the sd Richard Edelen and his heires from a bond passed by the
       said Edelen in behalfe of the sd Thompson unto John Allen bearing
       date wth these prsents for the sume of Twelve Thowsand pounds of
       Tobacco in Casque & shall Deliver or Cause to be Delivered unto
       the sd Edelen his sd bond wthout Trouble or any mollestacon wtsoever
       occasioned by meanes of ye sd bond by Christmas next come Twelve
       moneth then this obligacon to be voyd & of none Effect otherwise
       to stand & be in full force & vertu. and Effectual in Law, wch
       being read & heard the sd James prayeth liberty of speaking there-
       unto untill the first day of the next Provincial Cort and the same
       day is given to both ptyes.
         At wth Day to wit the 10th of ffebruary in the 42th yeare of
       the Dominion of Caecilius &c Annoq Domini 1673: Came the
       said Richard Edelen by Robert Carvile his Attorney and the said
       James Thompson came not but made default wherefore it is Con
       sidered by ye Court here that the said Richard Edelen Recover agt
       the sd James Thompson aswell the said sume of Twenty Thowsand
       pounds of Tobo aforesd as also the sume of three hundred fifty
       One pounds of Tobacco for his Costs and the said James in mercy &c

       Thomas Bland This Cause is Continued untill the next Provincial p. 145
           agt
                  Court.
       Thomas Gannt