248        Provincial Court Proceedings, 1674.

        Liber M M   fortith yeare of the Dominion of Caecilius &c came aswell the Said
                James Neale by Kenelm Chiseldyn his Attorny and the Said John
                Upgate by Robert Carvile his Attorny as the jurors of that jury
                likewise came to witt Thomas Griffen Thomas Cortney John Charls
                worth Thomas How George Charlsworth ffrancis Hopewell John
                Wright Richard Bayly Cornelius Watkinson John Scott, Christo
                pher Goodhand & William King who being impannelled Summoned
                and Sworne to Speake the truth in the premises. (On the backside
                of a receipt by John Hamilton for accompt of Capt James Neale
                of One hogeshead of tobacco weighing neate three hundred and
                flinty pounds for the use of Mr Gerard Sly) doe Say Wee of the
                jury doe find for the plaintiff without forfeiture of the bond with
                costs of Suite, therefore it is considered by the Court here that
                the said James Neale recover against the Said John Upgate the full
                quantity of five hundred twenty foure pounds of tobacco as also the
                quantity of One thousand twenty foure pounds of tobacco for his
                costs and charges in this behalfe laid Out and expended.

                Michael Miller William Head late of Kent County otherwise called
                    agt William Head of the County of Kent Gent was
              William Head    Sumöned to answer unto Michael Miller in a plea
                          that he render unto him the Summe of Six thousand
                          pounds of tobacco which to him he oweth and un
                          justly deteineth
                  And whereupon the Said Michael by Kenelm Cheseldyn his At
                torny Saith that whereas the Said William Head the ninth day of
                December in the yeare One thousand Six hundred Seventy One
                did by his certaine writeing Obligatory Sealed with the Seale of the
                Said William here in Count produced whose date is the Same day
                and yeare abovewritten acknowledge himselfe to stand and be firmly
                bounden unto Michael Miller of the Same County in the true and
                just Summe of Six thousand pounds of good Sound merchantable
                tobacco in caske due to be paid conveniently in Kent County upon
                demand to the which payment well and truly to be made and done
                he did bind himselfe his heirs executors administrators notwith
                standing which the Said William though often thereunto required
                the Said Summe of Six thousand pounds of tobacco according to
                the tenor of the Said bill hath not paid but the same to pay hath
                and Still doth altogether deny to the damage of the said Michael the
                Value of tenn thousand pounds of tobacco and thereupon he bring
                his Suite.
                  And the Said William by Mathew Ward his Attorny cometh &
                defendeth the force and injury when &c and prayeth heareing of the
            p. 181  writting aforesaid and it is read unto him he prayeth also heareing
                of the Condition of the Said writeing and it is read unto him in
                these words The Condition of this Obligation is Such that if the
                abovebounden William Head Shall and will at the next Court held