124       Provincial Court Proceedings, 1675.

            Liber N N  twentith day of August in the yeare One thousand Six hundred
                   Sixty foure did by his certaine writeing Obligatory Sealed with the
                   Seale of the Said Josias here in Court produced whose date is the
                   Same day and yeare abovewritten acknowledge himselfe to be in-
                   debted unto the Said John Bowles of the County and Province
                   aforesaid the just Summe of One hundred thousand pounds of good
                   Sound merchantable leafe tobacco and caske to be paid upon demand
                   to the which payment well and truly to be made he did thereby bind
                   himselfe his heirs executors and admrs firmly by those presents not-
                   withstanding which the Said Josias ffendall the Said Summe of
                   One hundred thousand pounds of tobacco according to the tenor of
                   his Said writeing Obligatory hath not paid though often thereunto
                   required but the Same to pay hitherto hath and still doth altogether
                   deny to the damage of him the said John One hundred & ten thou-
                   sand pounds of tobacco And thereupon he bringeth his Suite.
                     And the Said Josias by John Jones his Attorny cometh and de-
                   fendeth the force and injury &c and prayeth the heareing of the said
                   writing Obligatory and it is read unto him he also prayeth heareing
                   of the Condition of the said writeing Obligatory and it is read unto
                   him in these words The Condition of this Obligation is such if the
                   abovebound Josias ffendall his heirs executrs admrs or assignes doe
                   from time to time and at all times for ever hereafter Save Keepe
                   harmlesse and and indempnified him the aforesaid John Bowles and
                   Margery his wife administratrix of the estate of Captaine Wm Batten
                   lately deceased them their heirs executrs admrs & assignes and every
                   of them of and from all and all manner of debts bills bonds accompts
                   actions Suits judgments executions and claimes whatsoever due &
                   oweing Out of the estate of the aforesaid Batten to any person or
                   persons whatsoever as also the claimes of Thomas Lomax as being
                   Attorny to Margery Batten and her bill to Mr ffrancis Pope of
                   eleaven hundred pounds of tobacco except the claime right or title
                   of George Newman to the Said estate That then this Obligation to
                   be void and of none effect otherwise to remaine in full force and
                   virtue.
                     Which being read and heard the Said Josias ffendall by his At-
                   torny aforesaid Saith nothing in barre or avoidance of the action
                   aforesaid of him the said John Bowles by which the aforesaid
                   Bowles against the said ffendall remaines thereupon undefended.
                   Whereupon it is granted by the Court here to wit at st Johns the
                   tenth day of ffebruary One thousand six hundred Seventy five that
                   the said John Bowles recover against the Said Josias ffendall aswell
                   the summe of One hundred thousand pounds of tobacco the debt
                   aforesaid as also the Summe of five hundred thirty six pounds of
                   tobacco costs of Suite.