222        Provincial Court Proceedings, 1676.

              Liber N N     thousand pounds of tobacco which to him they owe and unjustly
                   deteine &c.
                     And whereupon the said Joseph by John Rousby his Attorny Saith
                   That whereas the said John Michell James Clayland and Edward
                   Winckles by their certaine bill Obligatory sealed with their seales
                   here in Court brought whose date is the two and twentith day of
                   May in the yeare of Our Lord 1674 did acknowledge themselves to
                   be holden and firmly bound joyntly and Severally their severall heirs
                   executors and admrs in the Summe of seaven thousand pounds of good
                   sound merchantable tobacco and caske to be paid convenient in Myles
                   River unto the Said Joseph his heirs executors admrs or assignes at
                   or before the tenth day of October then next ensueing the date of
                   those presents Notwithstanding which the said John Michell James
                   Clayland and Edward Winckles the said summe of seaven thousand
                   pounds of tobacco to the said Joseph according to the tenor of the
                   said bill have not paid but the Same to him to pay they and every
                   of them have denyed and as yet doe deny and refuse to the damage
                   of the Said Joseph twelve thousand pounds of tobacco And there-
                   upon he brings his suite &c.
                     And the aforesaid John James and Edward by Mathew Warde
                   their Attorny come and defend the wrong and injury when &c and
                   they pray the heareing of the Said bill Obligatory and it is read unto
                   them and they also pray the heareing of the condition of the Said
                   bill Obligatory and it is read unto them in these words The Condi-
                   tion of this Obligation is Such that if the abovesaid John Michell
                   James Clayland or Edward Winckles them their heirs executrs or
                   admrs doe well and truly pay or cause to be paid unto the above-
                   said Joseph Eaten his admrs or assignes the full and just Summe
                   of three thousand five hundred and fifty pounds of good tobacco as
                   abovesaid convenient as abovesaid then this present Obligation to
                   be void and of none effect otherwise to Stand in full force strenght
                   and virtue In wittnes whereof the partyes abovementioned have here-
                   unto sett Our hands and Seales the day and yeare abovewritten.
                   Which being read and heard the said John Michell James Cleyland
                   and Edward Winckles by their Attorny aforesaid pray licence to
                   imparle hereunto untill the next Provinciall Court, and it is granted
                   them the Same day is given to the Said Joseph Eaton.
                     Now here at this day to witt the tenth day of April in the first
                   yeare of the Dominio[n] of Charles Lord Baltemore &c Annop Dom
                   1676 Came the said Joseph Eaton by his Attorny aforesaid and
                   offered himself e against the Said John Mitchell James Clayland and
                   Edward Winckles in the plea aforesaid but the said John James
                   & Edward came not but made default whereupon it is granted by
                   the Court here that the said Joseph Eaton recover against the said
                   John Michell James Clayland and Edward Winckles aswell the
                   summe of Seaven thousand pounds of tobacco the debt aforesaid as