Provincial Court Proceedings, 1676.     239

       Thomas Bell & Philip John Rawlings late of Dorchester County Liber N N
             ffrench & Compa otherwise called John Rawlings of Dorches—
             agt ter County in the Province of Maryland
        John RawlingsBoatewright was Suthoned to answer unto
        Thomas Bell and Philip ffrench & Company
        of London merchants of a plea that he render unto them the full &
        just quantity of twenty foure thousand pounds of good sound mer-
        chantable tobacco & caske which to them he oweth and unjustly
        deteineth.
          And whereupon the said Thomas Bell & Philip ffrench & Compa
        by Robert Ridgely their Attorny say that whereas the said John
        Rawlings the two & twentith day of January 1674 by his certaine
        writeing Obligatory sealed with the seale of him the said John &
        here in Court pduced whose date is the day and yeare aforesaid did
        acknowledge and confesse himself e to Owe & stand indebted unto
        the said Thomas & Philip and Compa the just & full quantity of
        twenty foure thousand pounds of good sound merchantable tobacco
        & caske due to be paid at the then dwelling house of the said John
        in Dorchester County at or before the tenth day of October then
        next ensueing the date of the same writeing Obligatory unto the
        said Thomas and Philip & company or either of their heirs executors
        or administrators or ifactors To the which payment well & truly to
        be made he the said John did bind himselfe his heirs executors and
        administrators firmly by those presents Yet the said John Rawlings
        the said twenty foure thousand pounds of tobacco to them the said
        Thomas and Philip and Company according to the tenor of the said
        writeing Obligatory though often thereunto required hath not paid
        but the same to pay hath denyed and as yet doth deny whereupon the
        said Thomas and Philip and Compa say they are damnified and have
        lost to the value of thirty thousand pounds of tobacco and thereupon
        they produce their suite.
          And the aforesaid John Rawlings in his proper person cometh &
        defendeth the force & injury when &c & the said John prayeth the
        heareing of the said writeing Obligatory and it read unto him he also
        prayeth the heareing of the Condition of the said writeing Obligatory
        and it is read unto him in these words The Condition of the above
        Obligation is such that if the abovebound John Rawlings his heirs
        executors & admrs shall well & truly pay or cause to be paid at the
        place abovementioned twelve thousand two hundred and three pounds
        of good sound merchantable tobacco & caske at or before the tenth
        day of October next unto W Thomas Bell & Philip ffrench & Com-
        pany or ifactor without fraud or covin that then this Obligation to
        be void & of none effect else to remaine in full force & vertue to the
        which I have sett my hand & seale the day and yeare abovewritten.
        Which being read & heard the said John as to the said summe of
        twelve thousand two hundred and three pounds of tobacco in the