36 Provincial Court Proceedings, 1679.

Liber W. C.

hath not paid, but the same to pay hath denyed & still doth deny to
the damage of the said Benjamin twenty thousand pounds of tobacco
& thereupon he bringeth his suite
And the said Thomas Allanson by Henry Bonner his Attorney
cometh & defendeth the force & injury when &c and prayeth hearing
of the said writeing Obligatory & itt is read unto him, he also prayeth
hearing of the Condicon of the said writeing obligatory & itt is read
unto him in these words. Viz^t The Condicon of this Obligacon is such
That if the above bounden Thomas Allanson his heyres Ex^rs or Ad^rs
shall & doe well & truely pay or cause to be paid unto the above named
Benjamin Rozer his heyres Ex^rs Adm^rs or assignes the just & intire
quantity of five thousand foure hundred sixty seven pounds of good
sound & M^rchantable leafe tobacco in cask convenient in Charles
County upon or before the tenth day of Octob^r next ensuing the
date of these p^rsents Then this obligacon to be void & of none effect,
Or else to be & remaine in full force & Vertue which being read &
heard the said Tho: Allanson by his Attorney aforesaid saith noth-
ing in barr or avoidance of the action aforesaid of him the said
Benjamin whereby the said Benjamin remaineth against the said
Thomas thereof wholy undefended Therefore itt is considered that
the said Benjamin Rozer recover against the said Tho: Allanson
as well the aforesaid Sume of tenn thousand nine hundred thirty
foure pounds of tobacco debt As also five hundred fifty two pounds
of tobacco costs of suite And the Defend^t in mercy &c

John Barnes

ag^t
Marke Cordea Adm^r
Sam^l Brocutt

Marke Cordea late of S^t Maryes County
Adm^r of the Goods & Chattles of Samuell
Brocutt deceased was Sumoned, to Answer
unto John Barnes in a plea that he render unto
him the Sume of Eighteen hundred & forty

pounds of tobacco which from him he unjustly detaineth
And whereupon the said John by Kenelm Chesldyn his Attor-
ney cometh & saith that whereas the said Samuell Broctttt in his
life tyme to witt the two & twentieth day of April in the yeare
of our Lord One thousand six hundred Seventy six, did by his cer-
taine writeing Obligatory sealed with the seale of the said Samuel
here in Court produced whose date is the same day & yeare above
written, did acknowledge himselfe to be justly indebted unto the said

p. 35

John Barnes of the County & Province aforesaid planter in The full
Sume of Eighteen hundred & forty pounds of tobacco good sound
& M^rchantable in cask for a valuable consideracon allready received,
to be paid unto the said John or to his certaine Attorney his heyres
Exex" Adm^rs or assignes att or before the tenth day of Octob^r on
his then dwelling plantacon To the which paym^t well & truely to be
made he did binde himselfe his heyrs Exec^rs Adm^rs firmly by those
p^rsents Notwithstanding which the said Samuel in his life tyme the