Provincial Court Proceedings, 1679/80. 87

And whereupon the said Mary by John Blomield her Attorney
saith, that whereas the said Nicholas the third day of ffeb^ry Annoq
Doni 1671 by his certaine bond or writeing obligatory sealed with
the Seale of him the said Nicholas & here in Court produced, whose
date is the day & yeare aforesaid did acknowledge himselfe to owe
& be justly indebted to the said Edward Roe his heyres Ex^rs Adm^rs
the whole & intire Sume of Eighteen thousand five hundred thirty &
six pounds of good tobacco in caske the tenth day of Octob^r next

Liber W.C.

ensueing the date thereof in some convenient place in Choptank River
in the County aforesaid. Yet notwithstanding the said Nicholas the
said Sume of Eighteene thousand five hundred thirty & six pounds
of tobacco to the said Edward Roe in his life tyme, nor to the said
Mary Ex^x of the last will & testament of the said Edward though
often required hath not paid, but the same to pay hath refused & yet
doth refuse to the retardation of the Execution of the testament of
the said Edward, whereupon she saith she is damnified & hath losse
to the Value of thirty thousand pounds of tobacco, & thereupon she
bringeth her suite And the said Mary bringeth here into Court the
Letters testamentary of the said Edward Roe, that itt may appeare
she is Ex^x as aforesaid
And the said Nicholas by Charles Boteler his Attorney cometh &
defendeth the force & injury when &c and prayeth hearing of the
Obligation aforesaid & itt is read unto him, he also prayeth hearing
of the Condition of the said bond or writeing obligatory, & itt is
read unto him in these words Viz^t The Condition of this Obligation
is such, that if the above bound Nicholas Hacket his heyres Ex^rs
Adm^rs &c or either of them shall well & truely pay & satisfie the above
named Edward Roe his heyres Ex^rs Adm^rs or either of them the
whole & entire sume of nine thousand two hundred sixty & eight
pounds of good tobacco in caske the tenth day of Octob^r next ensuing
the date hereof in some convenient place in great Choptank River,
that then this Obligation to be void, else to abide & remaine in full
force strength & Vertue as wittnes, my hand & Seale this third day
of ffebruary Annoq Doni 1671 which being read & heard the said
Nicholas by his said Attorney saith, that the abovesaid Summe of
nine thousand two hundred sixty & eight pounds of tobacco unto
the aforesaid Edward Roe in his life tyme according to the tenour
forme & effect of the Condition of the aforesaid Obligacon did well
& truely pay & render, that is to say, upon the tenth day of Octob^r
next ensuing the date of the aforesaid Obligation in a convenient
place in great Choptank river And this he is ready to averr, where-
upon he demands judgm^t whether the aforesaid Mary her action
aforesaid ought to haue against the said Nicholas &c
And the said Mary saith, that she by anything before alleadged
ought not to barred from haveing her action aforesaid, because she
saith, that the aforesaid Nicholas the abovesaid sume of nine thou-

p. 79