92 Provincial Court Proceedings, 1679/80.

Liber W. C.

ary in the yeare of our Lord One thousand six hundred Seventy
seven, by his certaine bond or Obligation Sealed with the Seale of
him the said Richard & here in Court produced whose date is the
day & yeare abovesaid, did confesse and acknowledge to be holden
& firmly bounden unto the said Philip Siverett in the full & just
quanity of Eight thousand pounds of good sound & M^rchantable to-
bacco in caske to be paid to the said Philip or to his certaine Attor-
ney his Ex^rs Ad^rs or assignes in Smiths Creeke in S^t Maryes County
in the Province aforesaid att or before the tenth day of Octob^r then
next, being in consideration of Goods received of said Siverett in
October last, & was to be paid in Novemb^r last, & being not per-
formed, he bound himselfe his heyres Ex^rs & Adm^rs firmly by those
p^rsents. Yett notwithstanding the said Richard in his life tyme or
the said Gerard since his death the said Sume of Eight thousand
pounds of tobacco to him the said Philip though often thereunto
requested hath not paid or satisfied, but the same to pay haue hitherto
& still doe deny & refuse to the the damage of the said Philip ten
thousand pounds of tobacco, & thereupon he bringeth his suite
And the said Gerard by Christopher Rousby his Attorn [ey]
cometh & defendeth the force & injury when &c and prayeth the
hearing of the writing obligatory aforesaid & itt is read unto him,
he also prayeth the hearing of the Condition of the said writing
obligatory & itt is read unto him in these words following — This
Obligation is such, that if the above bounden Richard Chillman doe
well & truely pay unto the abovesaid Philip Siverett or his assignes
the full quantity of foure thousand pounds of good sound M^rchant-
able tobacco in caske to be paid unto the said Siveret or his assignes
in Smiths Creeke in S^t Maryes County aforesaid att or before the
tenth day of Octob^r next ensuing the date hereof Then this Obliga-
tion is to be Void & of none effect, otherwise to stand in force &
Vertue. which being read & heard the said Gerard by his Attorney
aforesaid saith, that he the said Philip his action aforesaid against
him the said Gerard ought not to haue, because he saith, that as to
so much of the Estate which belonged to the said Richard Chillman
att the tyme of his death, and which is come to the hands and pos-
session of him the said Gerard, the same is not sufficien[t] to satisfie
a certaine debt which was due to the said Gerard from the said
Richard att the tyme of his death by bond under hand & Seale of
the said Richard duely executed, & as to the residue of the said
Estate, to witt certaine debts due to the said Richard, the said
Gerard hath corhenced severall actions for the recovery of the same

p. 84

in the Provinciall Court & County Court of S^t Maryes, which actions
are still depending & undetermined And this Defend^t further saith,
that there are severall judgm^ts for debts upon bonds allready obtained
against this Defend^t as Adm^r of Richard Chillman both in the