Provincial Court Proceedings, 1677/8.   163

       the said John Burges was comitted, nor the said Wm Eagle since Liber N N
       espousall betwixt them celebrated though often thereunto required
       hath not paid or satisfied, but the same to him the said John Atkey
       doth still deny & refuse whereupon he saith he is damnified & hath
       losse to the Value of thirty thousand pounds of tobacco And there- p. 422
       upon he bring his suite
         And the said Wm Eagle & Amiah his wife by Kenelm Cheseldyn
       their Attorney come & defend the force & injury when &c and pray
       hearing of the said writing & itt is read unto them, they also pray
       heareing of the Condicön of the said writing & itt is read unto them
       in these words The Condicön of this Obligacon is such, that if the
       above bounden John Burges doe well & truely giue unto the said John
       Atkey such a good Assureance of a parcell of land lying on the Clifts
       in Calvert County called Tuckers unfortunate, which said parcell of
       land the said John Atkey hath bought of him the said Burges to
       say, if the said Burges doe acknowledge the abovesaid parcell of land
       to be the just right of the said John Atkey, & giue unto him such
       good assureance in Calvert County Court of the aforesaid parcell of
       land in such sure manner & way that the said parcell of land shall
       be the right of him the said John Atkey & his heyres & assignes for
       ever And further yet the said John Burges to save harmiesse the
       said John Atkey & make good the aforesaid parcell of land unto
       him his heyres or assignes from all manners of persons that shall or
       any way may lay any manner of clayme or challenge to the afore
       parcell of land forever And the said John Burges doth further binde
       himselfe to come over from Talbott County with his wife to give
       the said John Atkey sure & good Assureance of the abovesaid par-
       cell of land in Calvert County Court And the said Assureance &
       acknowledge to be given by the said John Burges & his wife unto the
       said John Atkey in March Court next in Calvert County And in case
       the said Burges & his wife doe performe & make good the said par-
       cell of land unto the said John Atkey according to the true mean
       ing & intent of this Obligacon That then the said Obligacon to be
       void of all force & of none effect, otherwise the same to stand in
       full force & vertue against the said John Burges In wittnes whereof
       I have hereunto putt my hand & Seale the day & yeare above written
       And the said parcell of land containing one hundred & fifty acres ac
       cording to the bill of sale thereof. Which being read & heard the said
       Wm & Amiah by their Attorney aforesaid come & defend the force
       & injury when &c and pray liberty of speakeing hereunto next Court
       & itt is granted them, the same day is given to the said John
       Atkey also.
         Now here att this day to witt the one & twentieth day of ffebruary
       in the third yeare of his Lordpps dominion &c Annocp Doni 1677.
       came the said Defendants by their Attorney aforesaid, & offered
       themselves against the said John Atkey in the plea aforesaid, but