Provincial Court Proceedings, 1675.  653



       tobacco he cannot gainsay but that he oweth the same to the said Liber M M
       Tobias in such manner as is above declared against him Therefore
       it is considered by the Court here that the Said Tobias recover
       against the said John Larkin aswell the summe of foure thousand
       six hundred fifty eight pounds of tobacco the remainder of the debt
       aforesaid as also the summe of Six hundred pounds of tobacco costs
       of Suite.

       Wm Dare admr Tobias Wells late of Kent County executr of
        Jno Parkerthe last will & Testament of Mary Pyne de
           agtceased was Sumöned to answer unto Wm Dare
      Tobias Wells executr Admr of the goods and Chattells of John
        Mary Pine Parker deceased of a plea that he render unto
                     him the summe of forty thousand pounds of
                     tobacco which from him he unjustly deteineth
        And whereupon the said Wm Dare by Robert Carvile his Attorny
       Saith that whereas the Said Mary Pine & Tobias Wells together
       with One Wm Lawrence did upon the fiftenth day of July in the
       yeare of Our Lord One thousand Six hundred Seventy two by their
       certaine bond or writeing Obligatory Sealed with the Seales of them
       the said Mary Pyne Tobias Wells & Wm Lawrence confesse & ac
       knowledge themselves to owe and Stand indebted unto the said John
       Parker in the full & just Summe or quantity of forty thousand
       pounds of good Sound & merchantable tobacco and casque to be
       paid conveniently in Kent or Talbott County at or upon the tenth
       day of October next ensueing the date of the said bond To the
       which payment well and truly to be made & done they did bind
       themselves their heirs executors & admrs j oyntly & severally by those
       presents Yet notwithstanding the Said Mary in her life time or the
       said Tobias Wells or the said Wm Lawrence in the life time of the
       said Mary or Since her death the said summe of forty thousand
       pounds of tobacco to him the said John Parker in his life time or
       to the said Wm Dare Since his death or any Pt thereof have not paid
       or Satisfied according to the tenor of the said bond though often
       thereunto required but the Same to pay have hitherto denyed and
       refused and Still doe deny and refuse to the damage of the said
       Wm Dare the summe of fifty thousand pounds of tobacco & there
       upon he bringeth his Suite.
        And the Said Wm bringeth here into Court his Letters of Admin
       istration whereby it may appeare to the Court here that he is Admin
       istrator &c.
        And the said Tobias by Keneim Cheseldyn his Attorny cometh and
       defendeth the force & injury when &c & prayeth the heareing of the
       said writeing Obligatory & it is read unto him he prayeth likewise
       the heareing of the Condition of the Said bond and it is read unto p. 630
       him in these words. The Condition of this Obligation is Such that