Provincial Court Proceedings, 1675.  643




      dition of this Obligation is Such That if the abovebounden Thomas Liber M M
      Williams his heirs executrs administrators or assignes doe well &
      truly pay or cause to be paid to the abovesaid Charles James or unto
      his heirs executors admrs or assignes the full Summe of five thou
      sand pounds of good bright tobacco & caske at Some convenient place
      upon the Clifts in Calvert County that is to Say fifteene hundred
      pounds of the Said tobacco upon all demands & three thousand five
      hundred pounds of the Said tobacco upon all demands after the tenth
      day of October next comeing at the place aforesaid conditioned as
      aforesaid that then this present Obligation to be void & of none
      effect otherwise to stand & remaine in full power force & vertue,
      which being read & heard the Said Thomas by his Attorny aforesaid p. 619
      prayeth liberty of Speakeing hereunto untill next Provinciall Court
      and it is granted him the same day is given to both parties here.
        Afterwards to witt the Sevententh day of November in the
      44th yeare of the Dominion of Caecilius &c came the said Charles
      James by his Attorny aforesaid and the Said Thomas Williams by
      his Attorny came likewise and the said Thomas Saith that the Said
      Charles his action aforesaid against him ought not to have because
      he Saith that the Said writeing Obligatory is not his deed and of
      this he putts himselfe upon the Country and the said Charles like
      wise. Therefore it is Comanded the Sheriff that he cause to come
      here twelve &c But before the said jurors came the Said Thomas
      Saith nothing in barre or avoidance of the action aforesaid of him
      the said Charles because he oweth the said Charles the Said Summe
      of five thousand pounds of tobacco whereupon the Said Charles
      remaineth against the Said Thomas thereof undefended There
      fore it is considered by the Court here that that Said Charles James
      recover against the said Thomas Wms aswell the Summe of five thou
      sand pounds of tobacco the debt aforesaid as also the Summe of
      thirteene hundred and Sixteene pounds of tobacco for his costs and
      charges in this behalf e laid out and expended. and the Said Thomas
      in mercy.
          To John Rousby One of the Attornyes of the Provinciall
           Court.
        These are to desire and authorize up to plead for me at the next
      Provinciall Court at the Suite of Charles James in an action of five
      thousand pounds of tobacco debt such plea as you Shall thinke fitt
      or if you shall thinke to suffer judgment to passe against me by de
      fault, and for your So doeing this Shall be your Sufficient warrant
      Given under my hand & Seale this 28th day of April t675.
      Sealed & delivered in  Thomas Williams (Sealed)
        the prsence of
        Rich:   Moy.