386       Provincial Court Proceedings, 1677/8.

             Liber N N  Welborne & Compa hath not paid according to the tenor of his said
                    writeing obligatory, but the same to pay hitherto hath & still denyes
                    to pay to the damage of the said Tho: Welborne & Compa the sume
                    of twenty thousand pds of tobacco & thereupon they bring their suite
                      And the said John Saunders by Robert Ridgely his Attorney doth
                    come & defend the force & injury when &c and prayeth hearing the
                    said writeing obligatory & itt is read unto him, prayeth also the
                    heareing of the Condicon of the said writeing & itt is read unto him
                    in these words The Condicon of this obligacon is such, that if the
                    above bound John Saunders his heyres Exrs & Admrs or any of them
                    doe & shall well & truely pay or cause to be paid unto the above
                    named Tho: Welborne or Compa their Exrs Admrs & assignes At
                    torney or Attorneys upon order of them or any of them the full
                    & just quantity of Eight thousand five hundred sixty & two pds of
                    good sound Mrchantable tobacco & cask cleer of grounds seconds
                    trash att some convenient place in Wiccocomico River in Charles
                p. 614  County att or upon the Tenth day of Octobr next ensueing the date
                    hereof without fraud covin or delay Then this prsent obligacon to
                    be void & of none effect or else 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 Provin
                    ciall Court & itt is granted unto him, the same day is given to the
                    plts 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 Annoq3
                    Doni 1678. came the said plaintiffes by their Attorney aforesaid &
                    offered themselves agt the said John Saunders in the plea aforesaid,
                    but the said John came not but made default Therefore itt is granted
                    by the Court here that the said Thomas Welborne & Compa recover
                    agt the said John Saunders as well the sume of seventeen thousand
                    one hundred twenty foure pounds of tobacco debt As also five hun
                    dred forty foure pds of tobacco costs of suite

                    Robert Ellys Richard Chillman late of St Maryes County
                       agt otherwise called Richard Chillman of the City of
                  Richard Chillman     St Maryes in the Province of Maryland gentt
                                 was Sumoned to answer unto Robert Ellys of a
                    plea that he render unto him the sume of three thousand six hundred
                    pds of good tobacco which to him he owes & unjustly detaines.
                      And whereupon the said Robert Ellys by Robert Carvile his At
                    torney saith, that whereas the said Richard Chiliman upon the twenty
                    second day of June in the second yeare of the Dominion of Charles
                    &c Annoq3 Doni one thousand six hundred Seventy seven by a cer
                    tame bill or writeing obligatory under his hand & Seale ready to be
                    produced in Court whose date is the day & yeare above written, did
                    confesse & acknowledge himself e to be holden & firmly bound to the