104 Provincial Court Proceedings, 1678/9.

Liber N N

his life tyme nor to the said Kenelm Exec^r as aforesaid the said
sume of twelve hundred pounds of tobacco according to the tenour
of the aforesaid writeing Obligatory Therefore itt is considered by
the Court here that the said Kenelm Cheseldyn Exec^r as aforesaid
recover against the said John Quigley as well the aforesaid sume of
twelve hundred pounds of tobacco debt As also without ~~~
pounds of tobacco costs of suite And the Defend^t in mercy &c

Kenelm Cheseldyn
Ex^r John Jones

ag^t
Marke Cordea

Marke Cordea late of S^t Maryes County other-
wise called Marke Cordea of S^t Maryes County
gentt was Stummed to Answer unto Kenelm
Cheseldyn Exec^r of the last Will & testam^t of
John Jones deceased in a plea that he rend^r unto

him the sume of One thousand pounds of tobacco which from him
he unjustly detaineth
And whereupon the said Kenelm in his proper person saith, that
whereas the said Marke Cordea the twenty fifth day of May 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
Marke here in Court produced whose date is the same day & yeare
above written, acknowledge himselfe holden & firmly bounden unto
the said John Jones in his life tyme of S^t Maryes gentl in the full &
just Sume of One thousand pounds of good sound M^rchantable
tobacco in cask to be paid unto the said John Jones his Ex^rs Adm^rs
or assignes convenient for shipping in the said County att or upon
the tenth day of October next ensueing, to which payment well &
truely to be made he did binde himselfe his heyres Exec^rs & Adm^rs
firmly by those p^rsents Notwithstanding which the said Marke
Cordea the said Sume of One thousand pounds of tobacco to him the
said John Jones according to the tenour of his said writeing obliga-

p. 770

tory hath not paid to the said John Jones in his Life tyme nor to
the said Kenelm Cheseldyn since his death Ex^r of the last Will &
testam^t of the said John though often thereunto required, but the
same to him to pay hitherto hath & still doth deny to pay to the
damage of the said Kenelm the sume of two twousand pounds of
tobacco & thereupon he bringeth his suite And the said Kenelm
bringeth here in Court the Letters testamentory of the said John
that it may appeare to the Court here that he is Exec^r of the said
John of the testam^t aforesaid, and thereupon to have Administracon
And the aforesaid Marke Cordea by Robert Ridgely his Attorny
cometh & defendeth the force & injury when &c And prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is giuen to the plaintiffe also
Att which said next Provinciall Court cometh the said parties by
their Attorneys aforesaid And the said Marke by his said Attorney
saith, that he unto the declaracon of the said Kenelm as Exec^r of