458        Provincial Court Proceedings, 1676.

            Liber N N fend the force & injury when &c & pray the heareing of the said
                   writeing Obligatory & it is read unto them they also pray the heare-
                   ing of the Condition of the said writeing Obligatory & it is read unto
                   them in these words The Condition of this Obligation is such That
                   if the abovebounden Peter Sayer & Henry Coursey their or either of
                   their heirs exrs admrs or assignes doe well & truly pay or cause to be
                   paid unto the abovesaid Samuel Cooke his executrs or assignes the full
               p.286  quantity of Eight thousand five hundred Seventy six pounds of
                   tobacco & caske according to Act of Assembly at some convenient
                   place or places in Talbot County aforesaid on or upon the tenth day
                   of October next ensueing the date hereof then this Obligation to
                   be void or else to stand in full force. which being read & heard the
                   said Peter & Henry pray licence to imparle hereunto untill the next
                   Provinciall Court & it is granted them the same day is given to the
                   said Samuel Cooke.
                    Now here at this day to wit the eight & twentith day of April
                   Anno Doth 1677 Came the said Samuel by his said Attorny & offered
                   himselfe against the said Peter & Henry in the plaint aforesaid but
                   the said Peter & Henry came not but made default Whereupon it is
                   granted by the Court here that the said Samuel Cooke recover against
                   the said Peter Sayer & Henry Coursey the summe of Eight thousand
                   five hundred Seventy Six pounds of tobacco the debt aforesaid to-
                   gether with five hundred & forty pounds of tobacco costs of suite

                  Richard Royston William Nichlas was attached to answer unto Rich-
                      agt ard Royston in a plea of trespas upon the case
                William Nichlas And whereupon the said Richard by Mathew
                              Warde his Attorny Saith That where Richard
                   Pope the Younger of the Citty of Bristoll Grocer by his Indenture
                   beareing date the ninth day of September 1667 being part owner
                   of the good shipp called the Richard & James of Bristoll aforesaid
                   of which the Said Wm Nichlas was then master for & on the behalfe
                   of himselfe & the rest of the Owners of the Said Shipp for the
                   considerations therein mentioned did grant & to freight lett twenty
                   & five tunns of the tunnage of the said Shipp unto Richard Royston
                   aforesaid for the voyage whereon she was then bound being for
                   Virginia & the Said Richard Pope did for himselfe thereby Covenant
                   promise & grant that the Company belonging to the said Shipp should
                   fetch & receive the said ffreighters goods & merchandizes on board
                   the said Shipp in Virginia aforesaid with boats or sloops according
                   to the Custome of the Country there, within threescore dayes So
                   as the same goods shall lye & be within One mile of Some convenient
                   landing place in Choptanck River & from thence by the Bay side
                   unto Kent Island In consideration thereof the said Richard did
                   thereby Covenant & grant to & with the said Richard Pope to pay
                   for the freight of the said twenty five tunns be the same laden or