Provincial Court Proceedings, 1677.     61

         And whereupon the said Dominick and Redmond by Christopher Liber N N
       Rousby their Attorny Say that whereas the said John the 24th day
       of ffebruary 1675 by his certaine writeing Obligatory Sealed with
       the Seale of him the Said John & here in Court produced whose date
       is the day & yeare abovesaid did acknowledge himselfe to be oweing
       and indebted unto the Said Dominick Bodkin and Redmond ffitz
       Gerald in the full and just quantity of twelve thousand pounds of
       tobacco and caske to conteine the same to be paid to the Said Domo
       nick Bodkin & Redmond ffitz Gerrald their heirs executrs admrs or
       assignes upon all demands To the which payment well & truly to be
       made & done he the said John did bind himselfe his heirs executrs &
       admts in the whole & for the whole firmly by those presents not
       withstanding which the said John the said twelve thousand pounds
       of tobacco & caske unto the said Dominick & Redmond hath not
       paid though often thereunto required but the same to pay bath
       denyed & still doth deny Whereupon the said Dominick & Redmond
       Say they are damnified & have losse to the value of fourteene thou
       sand pound of tobacco And thereupon they bring their Suite.
         And the said John ifanning by Kenelm Cheseldyn his Attorny
       cometh & defendeth the force & injury when &c and prayeth heare
       ing of the writeing aforesaid and it is read unto him he also prayeth
       heareing of the Condition of the said writeing and it is read unto
       him in these words The Condition of the above Obligation is Such
       That if the abovebounden John ifanin his heirs executrs admrs
       or assignes due & shall pay or cause to be paid to the said Dominick
       Bodkin or Redmond ffitz Gerarid merchants or to any or either of
       them their heirs executrs admrs or assignes the full and just quantity
       of six thousand pounds of good sound merchantable tobacco in caske
       at or upon the tenth day of October next ensueing the date hereof at
       some convenient place of landing in Charles County without fraud
       or deceipt that then this prsent Obligation to be void & of none effect
       otherwise to stand in full force Strenght & virtue in Law. which
       being read & heard the said John prayeth liberty to imparle hereunto
       untill the next Court & it is granted him the same day is given to the
       plaintiffs.
         Now here at this day to wit the fourth day of October in the sec
       ond yeare of his Lopps Dominion &c Annoq Doffi 1677 Came the
       Said Dominick & Redmond by their Attorny aforesaid & offered
       themselves against the said John in the pleas aforesaid & the Said
       John by his said Attorny came also & the said John Saith that as to
       nine thousand five hundred Seventy two pounds of tobacco he can
       not gainsay for that he oweth the same to the said Dominick and
       Redmond & is content that judgment passe against him for the same.
         Whereupon it is granted by the Court here That the Said Domi
       nick Bodkin recover against the said John ifanning the summe of
       three thousand nine hundred fifty foure pounds of tobacco debt with