Provincial Court Proceedings, 1683.     425

    James Mills John Walls late of Somersett County Otherwise Called Liber W. C.
        agt John Walls Marriner & Mastr of the good shipp
   John Walls :     Called the Mary of of Liverpoole in the Kingdome
              of England was sumoned to answere unto James
     Mills gent of a plea that he rendr unto him the sume of Two hun
     dred pounds of good and Lawfull money of England wch to him he
     oweth and unjustly Detaineth
       And Whereupon the said John Walls by Robert Carvile his
     Attorney sayth That Whereas the said John upon the fifteenth day P. 740
     of June in the yeare of Our Lord 1682 By his Certaine bond or
     writeing Obligatory sealed with the Seale of him the said John and
     here in Court produced Whose date is the day and yeare abovesaid
     Did acknowledge himself to be holden & firmely bound unto the
     said James Mills in the full sume of Two hundred pounds of good
     and Lawfull money of England To be paid unto the said James
     or to his Certaine Attorney his Executors Admrs or Assignes Yett
     Notwithstanding the said John the said sume of Two hundred
     pounds to him the said James according to the Tenor of the said
     writeing Obligatory though often thereunto requested hath not payd
     or Satisfied but the same to pay and satisfy hath hitherto altogether
     denyed and refused & still doth denye to pay the same To the
     Damage of the said James One hundred & fifty pounds sterl. And
     thereupon he brings his suite
       And the said John by Kenelm Cheseldyn his Attorney Cometh
     & 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 Obliga
     tory and it is read unto him in these words The Condition of this
     Obligacon is such That Whereas there are Certaine Articles of
     Affraightment Indented made concluded and agreed upon by and
     betweene the above bounden Thomas Pemberton Marchant & John
     Walls Marriner of the one part & the above named James Mills of
     the other part bearing Even date with these prsents of and Concern
     ing a Certaine Voyage to be had and performed with the above
     named Mary shipp, from this Province to the Island of Barbadoes
     in such manner as in and by the said Articles are sett forth, If there
     fore the said Thomas Pemberton & Jno Walls their heires Executors
     Admrs & assignes shall from time to time & at all times hereafter
     well and truly observe performe fulfill and Keepe all & singular the
     Articles Clauses Covenants promises grants & agreemeements men
     tioned and Contained in the said Articles of agreemt wch on their
     parts and behalfes Ought to be observed performed fulfilled & kept
     in as full and ample manner as the same are mentioned and set
     forth without fraud or deceit That then this obligacon shall be
     voyd and of none effect Or else to remaine & be in full force power
     and vertue in Lawe Wch being read and heard the said John Walls