106 Provincial Court Proceedings, 1678/9.

Liber N N

did by his certaine writeing obligatory Sealed with the Seale of the

said Thomas here in Court produced whose date is the day & yeare
above written did binde himselfe in the penall Sume of Thirty
pounds to pay or cause to be well & truely paid unto Samuell Lead-
beater or John Cuningham or either of them the full & just quantity
of foure thousand two hundred Sixty nine pounds of good & lawfull
sound M^rchantable tobacco att or before the fourth day of Decem-
ber next ensueing the date thereof, of which said tobacco he did
also further promise & ingage to deliver safely on board the Ann &
Elizabeth of Liverpoole att or before the tyme aforesaid without
any manner of Charge whatsoever And also att the same tyme &
place aforesaid he did oblige himselfe to pay the sume of One hun-
dred forty- foure pounds of lawfull & good tobacco, both which
Sumes in the whole amount to the Sume of foure thousand foure
hundred & thirteen pounds of tobacco Notwithstanding which the
said Tho: Bennet the said Suine of foure thousand foure hundred
& thirteen pounds of tobacco to him the said Samuel Leadbeater
hath not paid nor to the said John Cuningham in his life tyme though
often there unto required according to the tenour of his said writeing
obligatory nor to the said Thomas Carlisle John Watson W^m Hatton
& Robert Graham Exec^rs of the last Will & testam^t of the said John
Cuningham though often thereunto required Whereby action hath
accrued to them the said Thomas, John, W^m & Robert to haue &
demand of the said Thomas Bennet the Sume of Thirty pounds
sterling aforesaid Notwithstanding which the said Thomas the said
sume of thirty pounds sterling aforesaid hath not paid according
to the tenour of his said bill to them the said Thomas, John, W^m &
Robert though often thereunto required, but the same to them to
pay hitherto hath & still doth deny to pay to the damage of them
the said Thomas John W^m & Robert seven thousand pounds of
tobacco & thereupon they bring their suite
And the said Thomas Bennet by Robert Ridgely his Attorney
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 given to the p^lts also
Now here att this day to witt the Eighth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said plantiffes as the said Defend^t
by their Attorneys aforesaid And the said Thomas Bennet by his
said Attorney saith, that as to three thousand six hundred Seventy
eight pounds of tobacco part of the debt in the above declaracon
menconed he hath allready satisfied & paid And as to Seven hundred
thirty five pounds of tobacco residue of the debt aforesaid he cannot
gainsay for that the same remaines due upon the writeing obligatory

p. 772

aforesaid Therefore itt is considered that the Said Thomas Carlisle