258       Provincial Court Proceedings, 1677/8.

             Liber N N  seventy seven pounds of tobacco the remainder of the accompt a fore
                    said as also the sume of six hundred pounds of tobacco costs of suite

                    Wm Dare John Brooke late of Dorchister County Chirurgion
                      agt Admr of the Goods & Chattels of Wm Worgan
                    Jno Brooke Adr deceased was sumoned to Answer unto Wm Dare of
                      Wm Worgan Dorchister in England Mrchant of a plea that he
                               render unto him the sume of Eight thousand pounds
                    of every way good tobacco & cask wch from him he unjustly detaIneth
                      And whereupon the said Wm Dare by Geo: Parker his Attorney
                P. 504  Saith, that whereas the said Wm Worgan the fifth day of August
                    One thousand six hundred seventy foure by his certaine bond or
                    writeing Obligatory sealed with the seale of him the said Wm Worgan
                    & here in Court produced whose date is the day & yeare first above-
                    said did owe & was indebted unto Wm Dare of Dorchister in Eng
                    land Mrchant the sume of Eight thousand pounds of a very good
                    tobacco & cask due to be paid to the said Dare or his assignes, for
                    this paymt well & truely to be made he the said Wm Worgan did
                    binde himselfe his Execrs & AdmT8 firmly by those prsents Yet not
                    withstanding the said Wm Worgan in his life tyme nor the said
                    John Brooke since his death to whom Letters of Admion was granted
                    of the Goods & Chattels of ye said Wm Worgan though often de
                    manded the said sume of Eight thousand pounds of tobacco hath
                    not paid or satisfied according to the tenor of the said bond or write
                    ing obligatory, but the same to him the said Wm Dare doth still
                    deny & refuse, whereupon the said Wm Dare saith he hath losse & is
                    damnified to the Value of foureteene thousand pounds of tobacco,
                    & thereupon he bringeth his suite.
                      And the said John Brooke by Charles Boteler his Attorney comes
                    & defends the force & injury when &c and prayeth the heareing of
                    the said bond or writeing obligatory & itt is read unto him He also
                    prayeth the heareing of the Condicon of the said bond or writeing
                    Obligatory & itt is read unto him in these words The Condicon of
                    this Obligacon is such, that if the above bounden Worgan or his
                    Exrs deliver or cause to be delivered to the said Dare or his assignes
                    twenty thousand pipe staves two thirds of them white Oak & all
                    of them every way good & fitt & proper for the Barbados trade on
                    his now dwelling plantacon within six yards of the Creek side in
                    the month Octobr next Then this Obligacon to be void, otherwise to
                    stand in force Which being read & heard the said John Brooke by
                    his Attorney aforesaid prayeth liberty of speakeing hereunto untill
                    next Provincial Court & itt is granted unto him, the same day is
                    given to both parties.
                      Now here att this day to witt the tenth day of April in the third
                    yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
                    1678 came the said parties by their Attorneys aforesaid And the said
                    John Brooke saith nothing in barr or avoidance of the accön a fore-