Provincial Court Proceedings, 1677/8.    385

        writeing aforesaid, he prayeth also hearing the Condicon of the said Liber N N
        writeing & itt is read unto him in these words The Condicon of this
        obligacon is such, that if the above bounden John Allen & Jno
        Saunders their heyres Exrs Admrs or assignes or any or either of
        them shall doe well & truely pay or cause to be paid unto Capt
        Nicholas Page Mr Thomas Welborne Amos Bonvile or any or either
        of them or any or either of their heyres Exrs Admrs Attorney or
        Attorneys the full & just sume of Twenty & six thousand pds of
        good sound Mrchantable Tobacco & cask conveniently on Portobacco p. 613
        & Nanjeniy Creekes according to the tyme above menconed Then
        this prsent obligacon to be frustrate void & of none effect, other
        wise to be & remaine in full force & vertue which being read & heard
        the said John Saunders by his Attorney aforesaid prayeth liberty
        to imparle hereunto untill next Provinciall Court & itt is granted
        unto him, the same day is given to the plaintiffes also.
         Now here att this day to witt the Eighteenth day of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Annoq
        Doni 1678. came the said pits by their Attorneys aforesaid & offered
        themselves agt the said John Saunders in the plea aforesaid, but the
        said John Saunders came not but made default Therefore itt is
        graunted by the Court here that the said Nicholas Page Thomas
        Welborne & Amos Bonvile recover agt the said John Saunders as well
        the sume of fifty two thousand pounds of tobacco debt as also five
        hundred forty foure pds of tobacco costs of suite


        Tho: Welborne John Saunders late of Charles County otherwise
        & Compa called John Sanders of Charles County in the Prov
           agt    ince of Maryland Mrchant was Sumoned to answer
        John Saunders unto Thomas Welborne & Compa in a plea that he
                  render unto them the sume of Seventeen thousand
        one hundred twenty foure pounds of tobacco which to them he oweth
        & unjustly detaineth
         And whereupon the said Thomas Welborne & Compa by Kenelm
        Cheseldyn their Attorney say, that whereas the said John Saunders
        the thirtieth day of July in the yeare of our Lord one thousand six
        hundred seventy seven did by his certaine writeing obligatory sealed
        with the seale of the said John Saunders here in Court produced
        whose date is the same day & yeare above written, acknowledged
        himselfe held & firmly bound unto Thomas Welborne Mrchant &
        Compa in the full sume of seventeen thousand one hundred twenty &
        foure pounds of good sound Mrchantable tobacco & cask to be paid
        to the said Thomas Welborne & Compa their Exrs Admrs & assignes
        To the which paymt well & truely to be made he did binde himself e
        his heyres Exrs Admrs firmly by those prsents Notwithstanding which
        the said John Saunders the said sume of Seventeene thousand one
        hundred twenty foure pounds of tobacco to him the said Tho: