132        Provincial Court Proceedings, 1677.

             Liber N N  the Honble Henry Coursey Esq One of his Lopps justices of the
                    Provincial Court of this Province by Christopher Rousby his At
                    torny & exhibiteth to the justices here his certaine bill against Peter
                    Sayer One of the Attornyes of the same Court here present in Court
                    in his proper person according to the Customes & Priviledges &c of
                    the same Court the tenor of which bill is as followeth.
                      Henry Coursey Esqr One of his Lopps justices of the Provinciall
                    Court by Christopher Rousby his Attorny complaineth That whereas
                    Peter Sayer One of the Attornyes of the same Court otherwise called
                    Peter Sayer of Talbot County Gent the sixtenth day of September
                p. 397 in the yeare of Our Lord One thousand six hundred Seventy six &
                    in the yeare of the Dominion of Charles &c the first by his certaine
                    writeing Obligatory which the said Peter Sealed with the seale of
                    him the said Peter here in Court produced whose date is the day &
                    yeare abovewritten did acknowledge himselfe to be holden & firmly
                    bound unto the said Henry Coursey in the full and just quantity of
                    thirty foure thousand pounds of good Sound merchantable tobacco
                    & caske to be paid to the said Henry Coursey or to his certaine At
                    torny his executrs admrs or assignes To which payment well & truly
                    to be made he the said Peter did bind himselfe his heirs executrs &
                    admrs & every of them firmly by those presents Yet the said Peter the
                    Said thirty foure thousand pounds of tobacco & caske unto the said
                    Henry though often thereunto requested hath not paid but the same
                    to pay altogether denyeth whereupon the said Henry Saith he is
                    dampnified & hath losse to the value of forty thousand pounds of
                    tobacco And thereupon he bringeth his suite.
                      And the said Peter Sayer in his proper person cometh & defendeth
                    the force & injury when &c & prayeth heareing of the said writeing
                    Obligatory and it is read unto him he also prayes heareing of the
                    Condition of the said writeing Obligatory and it is read unto him in
                    these words. The Condition of the abovewritten Obligation is such
                    That Whereas the above named Henry Coursey at the instance &
                    Speciall request of the abovebound Peter Sayer by a certaine writeing
                    Obligatory beareing date the tenth day of ffebruary last past before
                    the date of the Obligation abovewritten Stand joyntly & severally
                    bound unto Samuel Cooke of London marriner in the full & just
                    quantity of Seventeene thousand One hundred fifty two pounds of
                    good sound merchantable tobacco in caske being the proper debt of
                    the said Peter Sayer with condition underwritten for the payment
                    of the full & just quantity of Eight thousand five hundred seventy
                    six pounds of tobacco & caske at a certaine day & place therein men
                    tioned as by the Said writeing Obligatory & condition more plainly
                    & at large may appeare If therefore the said Peter Sayer his heirs
                    executrs & admrs & every of them doe & Shall from time to time & at
                    all times hereafter discharge Save harmlesse & Keepe undempnified
                    the said Henry Coursey his heirs executrs & admrs & every of them