94 MARYLAND COURT OF APPEALS

Deceased if they thought fitt to make Void the aforesaid Covenants and that
no Advantage Should be taken thereon as by the Said Writing Indented may
more plainly Appear and the Said James Bowling Saith that allthough he
hath fullfilled all and Singular the Covenants and Agreements in the Said
Writing Indented above Specifyed on his part to be fullfilled and performed
according to the forme and Effect of the Said Writing Indented af^d and by
Protesting that the af^d Gerrard Slye hath not fullfilled any of the Covenants
or Agreements in the Writing Indented af^a above Specifyed on his part to
be performed fulfilled an [sic] kept in fact the Said James Saith that after the
making the Writing Indented afores^d and before the day of the Purchase of
the Originall Writt of the Said James (that is to Say) the Said Two and
Twentieth Day of Aprill aforesaid or within Some few Days afterw[^ds] The
Said James Bowling Did Order and Appoint the Said Gerrard Slye to buy
for him the Said James and to [140] Send to him the Said James Bowling
According to the Covenant and Agreement in the aforesaid Writing Indented
mentioned the Severall Servants and Goods in the Schedule hereunto Annext
Mentioned And the Said James did Give him the Said Gerrard a particular
List thereof And further the Said James Saith That he the Said James did
also after the Making of the Writing Indented aforesaid and before the pur-
chasing of the Originall Writt of the Said James aforesaid (that is to say)
The Twenty Seaventh day of Jan^ry 1681 pay and Deliver unto the Assignes
or Order of the Said Gerrard Slye all Such Tobbaccos Quantitys Cropp and
Cropps of Tobbaccos whatsoever Which the Said James with his Servants or
Slaves did Make upon any his Plantation or Plantations in the Said Year of
our Lord 1681 According to the forme and Effect of the Said Writing In-
dented which S^a Quantitys and Cropps of Tobbacco So by him the Said
James to the Said Assignes or Order of the Said Gerrard Slye paid and De-
livered in the whole amount unto the Summe of Seaventy Eight Thousand
one hundred Sixty and four pounds of Tobbacco and Although the Said
Gerrard Slye and his Assignes by the Agreement and Covenant aforesaid in
the Writing Indented aforesaid Conteined were to Allow and Pay unto the
Said James Bowling or his Assignes after the rate of one peny per Pound
to be paid in Goods to be Delivered att Westwood Landing or Piles Creek in
Wicocomico River in S^t Marys County the next fall after the Date of the
Said Writing Indented (which is long Since Past) att the first and Prime Cost
as the S^d Goods Should bona fide Cost out of Shops without any [141] Cus-
tom fraight or any other petty Charges whatsoever Deducting a peny in the
Shilling as af^d Yett the Said Gerrard Slye or his Assignes or any of them have
not hitherto paid or Allowed to the Said James Bowling or his Assignes after
the rate of one peny per pound for the Tobbacco aforesaid to be paid in
Goods as af^d nor hath he the Said Gerrard or his Assignes Delivered the Said
Goods nor any other Goods to the Said James Bowling or his Assignes accord-
ing to the forme and Effect of the Writing Indented aforesaid though there-