Provincial Court Proceedings, 1676.    447

        John Barnes   Elizabeth Delaroch executrix of the last will & Liber N N
           agt testament of Charles Delaroch decd was at-
        Elizabeth Delaroch tached to answer unto John Barnes of a plea
        exrx Ch: Delaroch that She render unto him One man servant
                      Kind which from him She unjustly deteines.
          And whereupon the Said John by John Jones his Attorny corn-
        plaines that whereas the said Charles the 21th of January 1674/5 by
        his certaine writeing Obligatory Sealed with his seale & here in
        Court produced whose date is the day & yeare abovewritten did bind
        himselfe his heirs executrs & admrs to pay or cause to be paid unto the
        said John his heirs executrs admrs or assignes a man Servant Kind
        that should have six yeares to serve well and Sound at or upon the
        twenty fifth day of December then next ensueing as by the Said
        writeing more at large may appeare notwithstanding the said Charles
        in his life time nor yet the said Elizabeth executrix of the last will &
        testament of the said Charles Since his death according to the tenor
        of the Said writeing Obligatory the said Servant hath not paid unto
        the said John though often thereunto required but the same to pay
        hath denyed & still doth deny whereupon he Saith he is dampnified
        & hath losse to the value of five thousand pounds of tobacco & there-
        upon brings suite.
          And the said Elizabeth by Kenelm Cheseldyn her Attorny comes
        & defends the force & injury when &c & prayeth the heareing of the
        Said writeing Obligatory & t'is read unto her She likewise prayeth
        the heareing of the Condition of the said writeing Obligatory & t'is
        read unto her in these words The Condition of this Obligation is
        such That if the above binded Charles Delaroch doe pay or cause to
        be paid unto the Said Barnes the Said Servant by the said terme p. 279
        then this Obligation is to be void, if the Said Servant is not deliv-
        ered accordin to condition then the said Charles is to pay or cause
        to by paid unto the Said Barnes the full & just summe of two
        thousen five hundred pounds of tobacco in caske if the said Servant
        be paid as abovesaid then this Obligation is to be void ostrewoisse
        to stan in full forse & wertu in Law which being read & heard the
        said Elizabeth saith that she Stands indebted by debts of a higher
        nature beyond which she hath not assetts to Satisfie the abovesaid
        debt & of this She craves judgment whether the said John his action
        aforesaid Ought to have.
          And the said John saith he ought not to be barred of his action for
        the said debt for what above is alleadged and craves judgment
        whether he ought or not.
          Now here at this day to wit the 28th day of April 1677 It is
        granted by the Court here that the said John Barnes recover against
        the estate of the said Charles the Summe of two thousand five hun-
        dred pounds of tobacco the debt aforesd together with the Summe