Provincial Court Proceedings, 1677/8.    297

        his heyres Exrs Admrs or assignes firmly by those prsents Notwith- Liber N N
        standing which the said Samuel Boston the said sume of fourteen
        thousand Eight hundred sixty pounds of tobacco according to the
        tenour of the said bond or writeing obligatory in his life tyme to the
        said Nathl Styles in his life tyme hath not paid nor the said James
        Mills since the death of the said Samuell to whom Letters testa
        mentory of the last Will & testamt of the said Samuell was committed, P. 538
        to the said Henry Stocket & James Stavely to whom Letters Testa
        mentory of the last Will & Testamt of the said Nath' Styles was
        comitted although often demanded hath not paid or satisfied but
        the same to them the said Henry & James to pay doth still deny &
        refuse whereupon they say they are the worse & have damage to the
        Value of Eighteen thousand pounds of tobacco & thereupon they
        bring their suite.
          And the said James Mills by Kenelm Cheseldyn his Attorney
        comes & defends the force & injury when &c and prayeth the hearing
        of the said bond or writeing obligatory & itt is read unto him, he
        also prayeth the hearing of the Condicön of the said bond or write
        ing Obligatory & itt is read unto him in these words, the Condicon
        of this Obligacon is such, that if the above bound Samuel Boston
        doe well & truely pay or cause to be paid unto Nathaniel Stiles his
        heyres Exrs Adrs or assignes the full & just quantity of Seven thou
        sand foure hundred & thirty pounds of large and bright tobacco
        cleere of ground leaves & trash with cask to containe the same att
        or upon the twelfth day of Octobr next ensueing the date hereof That
        then this Obligacon to be void & of none effect, else to remaine in full
        forces & vertue. Which being read & heard, the said James Mills
        by his Attorney aforesaid prayeth judgemt of the writt & declaracon
        aforesaid for that he saith the aforesaid Henry Stocket & James
        Stavely Exrs as aforesaid by the writt & declaracon aforesaid sup
        pose that the aforesaid Samuell Boston was indebted unto the afore
        said Nathaniel Stiles the sume of fourteen thousand Eight hundred
        & sixty pounds of tobacco, where truely & indeed there is not in the
        said writeing obligatory any such word tobacco contained & war
        ranting the said word in the writt & declaracon aforesaid vizt tobacco
        And in the said writeing is only writt & contained these words four
        teen thousand eight hundred & sixty pounds, which generall words
        imploy no certainty of what nature & kinde the thing is that the said
        Samuell stood indebted unto the said Nathaniel Stiles, & so doth not
        warrt the said writt & declaracon & this he is ready to averr, & pray
        eth judgement as aforesaid of the said writt & declaracon & that
        the same may be quashed.
        And hereupon the prmisses being seen & by the Justices here fully
        understood, itt seemeth to the same Justices here, that the said plea
        of the said Defendt in abatemt of the said writt in manner & forme
        aforesaid pleaded & the matters in the same contained are sufficient