382       Provincial Court Proceedings, 1683.

 Liber W. C.     pounds of tobacco and Caske delivered to the said Cooke at the
                 sd Staplefords Landing, Then this Obligacon to be voyd and of none
                   effect otherwise to remaine in full force and vertue
                     Before signing and sealeing it is agreed that the said goods
                     shall be delivered at the dwelling piantacon of Edward Cooke
                     in Little Chaptanke River)
                  Which being read and heard the said Thomas Cooke by his said
                 Attorney prayeth Liberty of speaking thereunto untill the next
                 Provinciall Court and it is granted unto him and the same day is
                 given to the plt also:
                  Now here at this day (to wit) the third day of July in the eighth
                 yeare of the Dominion of the Right honoble Charles Lord Balte
                 more &c. Annoq Doni 1683 Came the said partyes by their Attor
                 neys aforesaid and the said Thomas Cooke by his said Attorney
                 sayth That the said Raymond his action aforesaid against him
                 Ought not to have for that he sayth That he the said Thomas per
                 formed all and every the Conditions of the said writeing obligatory
                 according to the true intent and meaning of the same And this he
                 is ready to averre and prayes Judgment if ye said Raymond his
                 accon aforesaid Ought to have
                  And the said Raymond by his said Attorney saith that he ought
                 not to be barred from haveing his accon aforesaid against him the
                 said Thomas, ffor that he the said Thomas hath not performed all
                 and singuier the Conditions of the said writeing Obligatory accord
                 ing to the true intent and meaning of the same as the sd Thomas
                 by his plea hath above alieadged And this he prayes may be En
                 quired of by the Country. And the plt likewise, Itt is therefore
                 comanded the sheriffe of st Maries County that he Cause to come
                 here twelve &c by whome &c. and who neither &c. to recognize &c.
                 because aswell &c.
                  On wch said third day of July in the yeare aforesaid came the
                 said partyes by their Attorneys aforesaid And the Jurors impan
                 nelled being called likewise came (to wit) Justinian Gerrard, James
                 Ringold Marke Cordea, Samuel Hatton, Thomas Sikes, Humphrey
                 Jones, Edward Ward Richard Edelen Bryan Dailey, John Smith,
                 William Roswell & Thomas Simpson Who being elected tryed and
                 sworne to say the truth in the premisses upon their Oathes doe say
                 that the said Thomas Cooke hath not perfored all and every the
                 Conditions of the said bond or writeing obligatory according to the
                 true intent & meaning of the same Itt is therefore considered by the
                 Court here that the said Raymond Stapleford recover against the
                 said Thomas Cooke asweli the aforesaid Sume of Twenty two
                 pounds six shillings and tenn pence Sterling debt as also the Sume
                 of One thousand five hundred twenty eight pounds of tobacco for
                 costs of suite & the said Defendant in mercy &c.