Provincial Court Proceedings, 1679. 49

that he render unto him the Sume of thirty eight thousand one hun-
dred & twenty pounds of tobacco which to him he oweth & unjustly
detaineth
And whereupon the said Abraham by Kenelm Cheseldyn his At-
torney saith, that whereas the said W^m Wells the one & twentieth day
of ffebruary 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 W^m here in Court produced whose date is the
same day & yeare above written did acknowledge himselfe his heyres
Ex^rs Adm^rs & assignes to stand justly indebted unto the said Abra-
ham Blagg of Plymouth in the just Sume of thirty Eight thousand
One hundred & twenty pounds of tobacco & cask every way well con-
diconed to be paid unto the said Abraham Blagg his heyres Ex^rs
Adm^rs assignes or certaine Attorney att his or their will & pleasure
To the which paym^t well & truely to be made & done he did binde
himselfe his heyres Ex^rs Adm^rs & assignes firmly by those p^rsents
Notwithstanding which the said W^m Wells the said sume of thirty
eight thousand one hundred & twenty pounds of tobacco to him the
said Abraham hath not paid according to the tenour of his said writ-
ing Obligatory, but the same to pay hitherto hath & still denies to
pay to the damage of the said Abraham the sume of forty thousand

Liber W. C.

pounds of tobacco & thereupon he bringeth his suite
And the said W^m Wells in his proper person doth come & defend
the force & injury when &c and prayeth hearing the writing aforesaid
& itt is read unto him, he prayeth also hearing the Condicon of the
said writing & itt is read unto him in these words The Condicon of
this aboue Obligacon is such, that if the above bounden W^m Wells his
heyres Ex^rs & Adm^rs shall well & truely satisfie Content & pay unto
the above named, Abraham Blagg his heyres Ex^rs Adm^rs assignes or
certaine Attorney the just & neat quantity of Nineteen thousand &
sixty pounds of good sound M^rchantable tobacco in caske convenient
in Nanjemy or Portobacco Creeke att or before the tenth day of
October next ensuing the above date, that then the above Obligacon
to be void & of no Effect, Or else to remaine in full force & vertue,
which being read & heard this day to witt the fourteenth day of
Octob^r in the fourth yeare of the Dominion of the right Hon^ble
Charles Lord Baltemore &c Annoq Doni 1679 the said W^m Wells
being att the barr did confesse judgment unto the said Abraham
Blagg for the Sume of twenty thousand & sixty pounds of tobacco
Therefore itt is considered that the said Abraham Blagg recover
against the said W^m Wells as well the Sume of Twenty thousand &
Sixty pounds of tobacco debt As also five hundred thirty six pounds
of tobacco costs of suite And the Defend^t in mercy &c
Afterwards to witt the fourteenth day of Octob^r in the yeare
aforesaid the said W^m Wells att the request of Kenelm Chesel-
dyne Attorney for the plaintiffe is by the Justices of the Court

p. 47