Provincial Court Proceedings, 1683.     399

     tobacco for his Costs and charges by him about his defense in this Liber W. C.
     behalfe Layd out and expended, And the said Thomas Cooke may
     have thereof Execution


     James     Congden Thomas Cooke of Dorchester County Otherwise
          agt called Thomas Cooke of Chaptank River in Mary-
   Thomas Cooke land in Virginia in parts beyond the seas Marchant
                was sumoned to answere unto James Congden of
     Rotherhith in the County of surrey Navigator in a plea of debt and
     that the said Thomas render to him the sd James the sume of Two
     and twenty pounds of Lawfull money of England wch to the said
     James he oweth and from him unjustly detaineth
       And Whereupon the said James by Griffith Jones his Attorney
     sayth that the sd Thomas Cooke the fourth day of the Moneth of
     November Anno Doni 1681 by his certaine bond or writeing obliga
     tory sealed with the seale of him the said Thomas Cooke as his act
     and deed delivered & here in Court produced whose date is the day
     and yeare aforesaid did acknowledge himself to be holden and
     firmly bound unto the said James Congden in the said Sume of Two
     and twenty pounds of Lawfull money of England, To the wch
     payment well and truely to be made and done the said Thomas did
     bind himself his heires Executors and Admrs firmely by the said
     bond or writeing obligatory, Yett Notwithstanding the said Thomas
     the said Sume of Two and twenty pounds of Lawfull money of
     England to him the said James according to the Tenor of the said
     Obligacon though often demanded hath not payd or satisfyed, but
     the same to pay and satisfy the said Thomas hath hitherto refused
     and denyed and still doth refuse & denye To the damage of the said
     James forty pounds of like Lawfull money of England And there
     upon he brings his Suite
       And the said Thomas Cooke by Kenelme Cheseldyne his Attor
     ney cometh and defendeth the force and injury when &c and prayeth
     the hearing of the said writeing obligatory and it is read unto him,
     Hee also prayeth the hearing of the Condition of the said Writeing
     obligatory & it is read unto him in these words, The condicon of this
     obligacon is such that if the above bound Thomas Cooke his heires
     Executors Admrs or assignes doe and shall well and truly deliver
     or Cause to be delivered unto the above named James Congden
     his Executors Admrs or Assignes in Maryland above written on
     board the good shipp Experiment of London whereof he the said
     James Congden is now Master under god, Within twenty dayes
     next after the said Shipps first and next arrivall there Soe many
     Beaver Skinns and good ffurrs Cleare of all Charges whatsoever
     as shall answere and make good the sume of Eleaven pounds &
     five shillings shillings Sterling money here in England, To and
     for the use and behoofe of ffrancis Hiller of London Upholsterer