20 Provincial Court Proceedings, 1679.

Liber W. C.

Court produced whose date is the day & yeare aforesaid, did acknowl-
edge himselfe to be indebted unto the said Jacob in the Sume ffifty
Eight thousand Eight hundred & Eighty two pounds of good sound
M^rchantable tobacco & cask payable upon all demands To which pay-
ment well & truely to be made to him his heyres Exec^rs Attorneys or
assignes, the said Marke did binde himself his heyres Exec^rs & Adm^rs
firmly by those p^rsents. Notwithstanding which the said Marke the
said Sume of ffifty Eight thousand Eight hundred & Eighty two
pounds of tobacco to him the said Jacob Leisler according to the
tenour of the said writeing obligatory although often thereunto re-
quired hath not paid, but the same to pay hath denyed & as yet doth
deny whereupon the said Jacob saith he is damnified & hath losse to
the Value of Eighty thousand pounds of tobacco, & thereupon he
produceth his suite
And the said Marke Cordea by Robert Carvile his Attorney com-
eth & defendeth the force & injury when &c And the said Marke
prayeth the hearing of the writing Obligatory aforesaid, & itt is
read unto him, he also prayeth the hearing of the Condicon of the
same writing Obligatory, & itt is read unto him in these words The
Condicon of this Obligacon is such, That of the above bound Marke
Cordea his heyres Exec^rs or Adm^rs shall well and truely pay unto the
above named Jacob Leisler his heyres Exec^rs Adm^rs Attorneys or
assignes the Sume of twenty nine thousand foure hundred forty one
pounds of good sound M^rchantable tobacco in S^t Maryes County
upon his Plantacon upon the first demand after the tenth of Octob^r
next ensuing (being for Negroes received from the said Leisler) Then
this p^rsent Obligacon to be void & of none Effect, otherwise to stand
in full forme & Vertue to him being read & heard the said Marke

p. 20

Cordea by said Attorney aforesaid Prayeth liberty to imparle here-
unto untill next Provinciall Court, & itt is granted unto him, the
same day is given to the plaintiffe also
Now here att this day to witt the ffifteenth day of Octob^r in the
fourth yeare of the Dominion of the right Hon^ble Charles Lord Bal-
temore &c Annoqj Doni 1679 came the said parties by their Attor-
neys aforesaid And the said Marke Cordea by his Attorney afore-
said saith, that as to ffifteene thousand six hundred fifty six pounds
of tobacco part of the debt in the Declaracon menconed he cannot
gainsay, for that the same remaines unpaid upon the writing obliga-
tory aforesaid Therefore itt is considered that the said Jacob Leisler
recover against the said Marke Cordea as well the Sume of fifteen
thousand six hundred fifty & six pounds of tobacco debt As also
six hundred pounds of tobacco costs of suite And the said Defend^t
from thence in mercy And the said plaintiffe in mercy for his false
plaint against the said Defend^t for the residue of the debt aforesaid
And the said Defend^t may goe from thence without a day &c