284      Provincial Court Proceedings, 1677/8.

            Liber N N  & twentieth day of ffebruary One thousand six hundred seventy five
                    by their certaine bill obligatory sealed with the Seales of them the
                    said Elizabeth & Thomas & here in Court produced whose date is
                    the day & yeare aforesaid did binde them & either of them joyntly &
                p. 527 severally unto the said John His heyres Exrs Admrs or assignes in
                    the full sume of three thousand one hundred thirty & eight pounds
                    of good sound Wchantable tot5 & caske to be paid as above att or
                    before the tenth day of Novembr next ensueing the date of the same
                    bill obligatory, for performance whereof they did binde themselves
                    & either of them for the whole & in the whole joyntly & severally
                    Notwithstanding which the said Elizabeth Green & Thomas Potter
                    or either of them the said sume of three thousand one hundred thirty
                    & eight pounds of tobacco to him the said John Burridge according
                    to the tenor of the said bill Obligatory have not paid although often
                    thereunto required but the same to pay have refused & denyed, & to
                    pay the same as yet doe refuse & deny to the damage of the said
                    John foure thousand pounds of tobacco & thereupon he bringeth
                    his suite.
                     And the said Elizabeth & Thomas by Robert Carvile their At
                    torney come & defend the force & injury when &c & pray liberty to
                    imparle hereunto untill next Provinciall Court & itt is granted unto
                    them, 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 Ancxp Doni
                    1678. came the said parties by their Attorneys aforesaid And the
                    said Thomas saith, that the plaintiffe his accon aforesaid agt him
                    ought not to have, because he saith, the said John after the sealeing
                    & delivery of the writeing aforesaid by the said Elizabeth Green &
                    the said The said Tho: Potter to witt upon the twenty eighth day
                    of ffebruary aforesaid did by his writeing under his hand & seale
                    here ready to be produced in Court oblige himselfe not to demand
                    or sue the said Tho: Potter for the said sume of three thousand
                    one hundred thirty eight pounds of tobacco so long as the said
                    Elizabeth Greene mother of the said Thomas lived And the said
                    Thomas in fact saith that the said Elizabeth Green is still liveing &
                    party to this suite All which he is ready to verifie, & therefore he
                    demands Judgemt whether the said John his action aforesaid against
                    him ought to have. And the said John by his Attorney aforesaid
                    said, that he would make no farther prosecution in the plaint afore
                    said agt him the said Tho: Potter Therefore itt is considered that
                    the said Tho: Potter recover agt the said Jno Burridge the sume
                    of Eleven hundred & one pounds of for his costs & charges by him
                    about his defence in this behalf e laid out & expended And the said
                    John Burridge in mercy for his false complaint agt the said Thomas
                    Potter
                     And the said John Burridge by his Attorney aforesaid came &