94 Provincial Court Proceedings, 1679/80.

Liber W. C. Wm Cole & ux: Exx p-8S Michl Rochford agt Gerard Slye Adr Richard Chillman

Gerard Slye late of St Maryes County Admr of the Goods and Chattles of Richard Chillman deceased was Sumoned to Answer unto Wm Cole and Margarett his wife Exx of the last Will & testament of Michael Rochford deceased of a plea that he render unto them the Sume of

Eight thousand two hundred fifty six pounds of tobacco which from
them he unjustly detaines

And whereupon the said W^m & Margarett by Robert Carvile their
Attorney say, that whereas the said Richard Chillman upon the
thirtieth day of April in the yeare of our Lord One thousand six
hundred Seaventy eight, by his certaine bond or writeing obligatory
sealed with the Seale of the said Richard & here in Court produced
whose date is the day and yeare abovesaid, did confesse himselfe to
be holden & firmly bounden unto the said Michael Rochford in the
full & just Sume of Eight thousand two hundred fifty six pounds of
good sound M^rchantable tobacco & caske to be paid to the said
Michael his Ex^rs Adm^rs or assignes To the which payment well &
truely to be made he bound himselfe his heyres Ex^rs and Adm^rs Yet
notwithstanding the said Richard Chillman. in his life tyme, nor the
said Gerard Slye since his death to whom Adm^con of the Goods &
Chattles of the said Richard are by the Judge for probate of Wills
&c in due manner comitted, the said Sume of Eight thousand two
hundred fifty six pounds of tobacco to him the said Michael in his
life tyme, or to the said Margaret since his death while she was
sole, nor to the said William & Margarett since their intermarriage
though often thereunto requested haue not paid or satisfied, but the
same to pay and satisfie haue hitherto denyed & refused And still
doe deny & refuse to pay the same, to the damage of the said W^m
and Margaret tenn thousand pounds of tobacco & thereupon they
bring their suite

And the said Gerard Slye by Christopher Rousby his Attorney
cometh & defendeth the force & injury when &c and prayeth the
hearing of the said writing obligatory & itt is read unto him, he
also prayeth the hearing of the Condition of the said writing obliga-
tory & itt is read unto him in these words The Condition of this
Obligation is such, that if the aboue bounden Richard Chillman his
heyres Ex^rs or Adm^rs doe pay or cause to be paid unto the said
Michael Rochford his heyres Ex^rs or Adm^rs the just & full Sume of
foure thousand One hundred twenty & eight pounds of good sound
& M^rchantable tobacco in caske att or before the tenth day of Octob^r
next ensuing in some convenient place in S^t Maryes river without
fraud coven or deceipt, that then this p^rsent Obligation to be void &
of none effect, or otherwise the same to remaine in full force &
Vertue, which being read & heard, the said Gerard by his Attorney
aforesaid saith, that they the said W^m & Margarett their action
aforesaid against him the said Gerard ought not to haue, because