Provincial Court Proceedings, 1682.     273

      ney Sayth that the Said James his accon against him ought not to       Liber W. C.
      have because he Sayth that he the said Gerrard Slye the said Two
      and twentyeth day of Aprill in the yeare of Our Lord 1681 afore
      said at Bushwood aforesaid in the said County did make and Seale
      to the said James a Certaine writeing Obligatory of the Penalty
      of One hundred pounds Sterling Conditioned for the true perform
      ance of the Covenants in the said Writeing Indented wch said
      writeing Obligatory for the Secure performance of the Said Cove
      nants in the said writeing Indented mentioned to be performed on
      the part of the Said Gerrard Slye Hee the said Gerrard did then
      and there to the said James deliver And this he is ready to averr
      Whereupon he prayeth Judgment if the said James other accon
      then upon the Said writeing Obligatory against him the said Gerrard
      Ought to have And the said James Sayth that he by any thing by
      the aforesd Gerrard above by Pleading alleadged from his action
      aforesaid against him the said Gerrard ought not to be barred ffor
      that he Sayth that the plea of the aforesaid Gerrard above in barr
      pleaded and the matter in the Same Contained is not Sufficient in
      Law the said James from his accon aforesaid against the aforesaid
      Gerrard to have to be barred And that he thereto hath noe need nor
      by the Law of the land is bound in any manner to answere and this
      he is ready to verify, Whereupon and for want of a Sufficient
      answere in that behalfe the said James demands Judgment & his
      Damages by occasion of the premisses to him to be adjudged
        And the said Gerrard Slye by his said Attorney sayth that the
      plea of him the aforesaid Gerrard above in barr pleaded and the
      matter in the same contained is good and Sufficient in Lawe the
      said James from his action aforesaid against the aforesaid Gerrard
      to have to be barred for that he the said Gerrard for the secure
      performance of the writeing Indented aforesaid did make scale &
      deliver to the said James the writeing obligatory aforementioned
      in the penalty of One hundred Pounds Sterling Whereupon he
      prayeth Judgment If the Said James other accon against him the             p. 618
      said Gerrard then upon the said writeing Obligatory Ought to
      have &c. And the said James likewise wch being read heard and
      argued & by the Justices here fully understood and Dilligently
      examined It Seemeth to the Same Justices that the Plea aforesaid
      of the aforesaid Gerrard in manner aforesaid pleaded and the matter
      therein contained is insufficient in law to debarr the aforesaid James
      Bowling from haveing his accon aforesaid against him the said
      Gerrard for that the said James his accon aforesaid against him the
      said Gerrard Ought to maintaine And therefore it is considered
      by the Court here that the said James Bowling Recover against the
      said Gerrard Slye his Damages by him Sustained by occasion of
      the premisses but because it is not Knowne to the Court here what
      damages he hath Sustained by Occasion thereof Itt is therefore