Provincial Court Proceedings, 1676.     431

         five pounds of tobacco according to the tenor of the said writeing Liber N N
         Obligatory & of this they putt themselves upon the Country
          And the said ffrancis Saith that he by anything by the said James
         & Ann above alleadged ought not to be debarred from haveing his
         action aforesaid against the sd James & Ann for that he Saith that
         the said James & Ann the said Six & twenty thousand three hundred
         eighty five pounds of tobacco to him the said ffrancis according to
         the tenor of the Said writeing Obligatory hath not paid & of this he
         putts himselfe upon the Country & the said James & Ann also. There-
         fore cofñand is given to the Sheriff that he cause to come here
         twelve &c Now here at this day to witt the six & twentith day of
         April 1677 Came the partyes aforesaid by their Attornyes & the
         jurors of that jury also came to wit Thomas Pattison Thomas Potter
         Thomas Keyting Jno Brookes Jno Dent Jno Brookes Lewis Blangy
         Constant Daniel Elias Beech Jno Stephens Thomas Kemp & Thomas
         Bowdell who being impannelled Summoned & Sworne to say the
         truth in the prmisses upon their Oathes doe say Wee of the jury
         doe find for the plaintiff twelve thousand nine hundred & five pounds
         of tobacco with costs. Whereupon it is granted by the Court here that
         the said ffrancis recover against the estate of the said John Bigger
         deceased aswell the summe of twelve thousand nine hundred & five
         pounds of tobacco debt as also Seventeen hundred & eight pounds of
         tobacco costs of suite.

         Gerard Slye Memorandum this day vizt the day of December
         agt in the first yeare of the Dominion of Charles &c An-
         Benja Rozer noq Doth 1676 Came here into Court Gerard Slye by
                  Keneim Cheseldyn his Attorny & exhibiteth his cer-
         tame bill of Complaint agt Benja Rozer One of the Attornyes of
         this Court here present in Court according to the libertyes & privi-
         ledges &c of a plea that he render unto him the summe of foure
         hundred & sixty pounds of lawfull mony of England which to him
         he oweth & unjustly deteineth
          And whereupon the said Gerard by Kenelm Cheseldyn his At-
         torny Saith that whereas the said Benja upon the 18th day of April
         in the first yeare of the Dominion of Charles &c Anncxp Dom 1676
         by his certaine writeing Obligatory Sealed with the seale of him the
         said Benjamin & here in Court produced whose date is the day &
         yeare aforesaid was holden & firmly bound unto Gerard Slye of
         st Maries County in the Province aforesaid merchant in the summe
         of foure hundred & Sixty pounds of good & law full mony of England
         to be paid to the said Gerard Slye his executrs admrs assignes or cer-
         taine Attorny To the which payment well & truly to be made the
         said Benja did bind himselfe his executrs & admts firmly by those
         prsents notwithstanding which the said Benjamin the said summe of
         foure hundred & Sixty pounds unto the said Gerard hath not paid