200       Provincial Court Proceedings, 1676.

           Liber N N  unto John Quigley Merchant in a plea that they render unto him
                   Twenty Thousand pounds of tobacco which to him they owe &
                   unjustly detaine &c.
                    And whereupon the said John by Robert Carvile his Attorney saith
                   that whereas the said Randolph & John the two & Twentieth day of
                   July Anno Doni One Thousand six hundred Seaventy foure by
                   their certaine writing Obligatory Sealed with the Seales of them
                   the said Randolph Brandt & John Cane & here in Court produced
                   whose date is the same day & yeare above written were holden &
                   firmly bounden unto him the said John Quigley in the full quantity
                   of Twenty Thousand pounds of good sound Merchantable tobacco
                   in Casq3 to be paid unto him the said John Quigley or to his certaine
                   Attorney his Execrs Admistrs or Assignes Notwithstanding which
                   the said Randolph Brandt & John Cane the said Sume of Twenty
                   Thousand pounds of tobacco to him the said John Quigley accord-
                   ing to the tenour of their said writing Obligatory hath not paid
                   although they have been often thereunto required, but the same to
                   pay have altogether denyed & still doth deny whereupon he saith he
                   is damnified & hath loose to the Value of Forty Thousand pounds of
                   tobacco & thereupon he bringeth his Suite &c
                    And the said Randolph Brandt & John Cane by Robert Ridgely &
                   Benjamin Rozer their Attorneys comes & defends the force & injury
                   when &c & prayes the hearing of the said writing Obligatory & itt
                   is read unto them, they likewise pray the hearing of the Condicon
                   of the said Writing Obligatory & itt is read unto them in these words
                   following Vizt The Condicãn of this Obligacon is such, that whereas
                   the above named John Quigley had lately Shippt on board the Shipp
                   Society Henry Brayne Master severall Goods & Merchandize to be
                   Imported into this Province in the said Shipp from the Barbados
                   in good Order & well Condiconed as by bill of ladeing for the same
                   may appeare If therefore the above bounden Randolph Brandt &
                   John Cane doe & shall att the request of the said John Quigley stand
                   & performe the Award & Arbitrament of two indifferent persons
               p. 128 to be by them nominated & appointed to Arbitrate Award & Judge
                   what Damages the said John Quigley hath susteyned in the same
                   Goods & merchandize soe Shippt as aforesaid And in case the said
                   two persons so to be chosen to Arbitrate the same cannot accord or
                   Agree in & upon the prmisses That then they may chuse a third
                   person who shall fully determine the same to whose Award Arbitra-
                   ment or determinacon they shall & will stand to abide per forme &
                   keepe That then this ObligacOn to be void or else to stand in full
                   force—which being read & heard the said Randolph Brandt & John
                   Cane by their Attorneys aforesaid pray liberty of speakeing here-
                   unto untill next Provinciall Court & itt is Granted unto them, the
                   same day is given to both partyes
                    Att which day to witt the thirteenth day of Aprill in the first yeare