Provincial Court Proceedings, 1677.     127

        & truly to be made & done unto the said John ifoster the said Liber N N
        Wm bound himself e his heirs executrs & admrs firmly by those presents
        Yet the aforesaid Wm in his life time and the aforesaid John Brookes
        after his death to whom administration of all the goods & chattells
        which were the aforesaid Williams at the time of his death by the
        Honble Philip Calvert Escp Cothissary Generall & Chei fe judge for
        probate of Wills & granting administrations was committed although
        often demanded the aforesaid twelve thousand pounds of tobacco
        hath not rendered to him the Said John ifoster but the same to him
        to render have denyed and the aforesaid John Brookes the same to
        the said ifoster as yet to render doth deny & unjustly deteine Where
        upon he sayes that he is dampnified & hath damage to the value of
        twenty thousand pounds of tobacco & thereupon he brings his suite.
          And the aforesaid John Brookes by Thomas Jones his Attorny
        comes & defends the force & injury when &c & prayes the heareing
        of the writeing aforesaid & it is read unto him he prayes also the
        heareing of the Condition of the said writeing & it is read unto him
        in these words The Condition of this Obligation is such that whereas
        the abovebound William Worgin for a valuable consideration received
        of the said John ifoster vizt five thousand foure hundred & fifty
        pounds of tobacco hath this day given to the said ifoster his letter
        of Attorny and Order to receive of John Joy of Hugh Hall & of
        all other persons in the Island of Barbadoes indebted to the Said
        Wm Worgin all such debts & summes of money or Sugar as are by
        the said persons oweing Now if the said John ifoster by virtue of
        the said Letter of Attorny & Order shall within five months of the
        date hereof receive of the said Hall, Joy or any other person in the
        said Island for accompt of the said Worgin the summe of twenty
        Seaven pounds five shillings currant English mony or the value
        thereof in the Country Growth at the price currant or if in case he
        receives not the said summe there within the said time That then
        the said Wm Worgin his heirs executrs shall pay or cause to be paid
        to the said John ffoster his heirs or assignes the summe of six
        thousand pounds of good sound merchantable tobacco in caske at or
        upon the eleaventh day of November next ensueing the date hereof
        in some convenient place in Dorsett County That then this present
        Obligation to be void & of none effect or else to stand & remaine in
        full force power & virtue which being read & heard the said John
        Brookes Saith nothing in barr of the action aforesaid Whereupon
        it is granted by the Court here the eighth day of October Anno One
        thousand six hundred Seventy Seaven That the said John ifoster
        recover agt the estate of the said William Worgin the summe of six
        thousand pounds of tobacco debt as aforesaid as also the summe
        of pounds of tobacco costs of suite but so as execution
        cease untill assetts.