( 66 )

Counsel Learned in the Law shall be reasonably advised, devised or required, giving State with Warranty in

the Said Condition Specified . Now the plt Sayes that the Sd dft hath recd full Satisfaction for the Said Land

and the dft not withstanding of the Sd Obligation hath no wayes performed the Condition, but the Same hath

broken in all and every the Articles therein expressed: Whereby y^e Said Bond is become the propper right of y^e

plt, as if there was no Condition thereunto anexed & hath often demanded Satisfaction and hatherto hath been

denyed and Still doth deny to the plt great loss & Damage of 10000 lb of tobacco and thereupon he brings this

Sute &ca.                          Worthington p^r Que^r Pleges p^rsonis. { Jn^o: Doe

                                                                                                            Rich Roe }

And the Defendant by Peter Dent his Atto^rney Comes & Defends y^e force & injury w^h &ca. And Saith that y^e plt

his accon aforesd agt him ought not to have, for that the said Dft allwayes was and Still is ready to pass any Such

Conveyance or Conveyances as the plt or his Counsel learned in the Law Should reasonably advise or require according

to y^e tenour of the Condition of the Obligation Sued for nor hath the plt Ever tendered any Conveyance or

Conveyances to the Defend^t. And of this he puts him Self on the Court. Dent

And the plt by Sam: Worthington his Attorney further Saith that the Said John never had nor yett hath any Pattent

Deed or Writeing whereby is Sufficient to make over the the Said Land to y^e sd Stephen as he hath acknowledged

before the Land Office is open again & not Comply with the Same, whereby y^e sd Bond is become due & puts him

Self on y^e Court. Worthington. _____ And the Deft also Dent.

Maryland Ss // Know all men by these presents that I John Emmett of Somerset County & Province aforesaid

Mill wright am holden & firmly bound unto Stephen Costen of the sd County & Province Planter y^e just & full

Sum or quantity of five thousand pounds of good Sound Merchantable leafe tobacco in Caske to be paid to y^e sd Stephen

Coston his Heirs Extors or Assigns or Certain Attorney Conveniently in Somerset County for y^e true p^rformance whereof

I the Said John: Emett, do bind my Self my Heirs Extors & Adm^rs firmly by these presents as Witness my hand and

Seal the 28^th. day of April Anno 1689 .

The Condicon of the above Obligation is Such that if the above bounden John: Emmett his Heirs Extors & Adm^rs

do & will at any Convenient time, & at y^e reasonable request & Demand of Stephen Coston his Heirs or Assigns & after

the paym^t of five Cows & Calves whereof I have his Bill for the Same make or Cause to be made unto y^e above

Named Stephen Coston & to his Heirs & Assigns Such a good Sufficient & indefeazable Estate of Inheritance in y^e

Law, to y^e only use & behoof of the said Stephen Costen his Heirs & Assigns for Ever, of & for one hundred & fifty

Acres of Land being y^e moiety or one half of Three hundred Acres of Land taken up moietively between Charles

Ratcliffe and my Self & joyn ing upon a Tract of Land of Three hundred Acres formerly taken up by me –

Called Dean, Scituate lying & being on y^e Sea Side in the County of Somerset by Deeds & Evidences Sufficient

in the Law, or by any other Sute or Lawfull means as by the Said Stephen Coston his Heirs or Assigns of him or

them, or by their or any of their Counsel learned in y^e Law Shall be reasonably advised devised or required w^th

Said One hundred & fifty Acres shall for Ever Remain Continue & be unto y^e sd Stephen Costen his Heirs & Assigns

ffree & Clear, freely & Clearly acquitted exonerated & discharged or otherwise upon request Sufficiently Saved &

kept harmless of any from all manner of former & other bargains Sales leases, Guifts grants Surrenders & [ ]

whatsoever, had made Comitted or done by him the sd John: Emmett, of by any other p^rson or p^rsons w^tsoever That then

the above Obligation to be void, otherwise to be in full force power & vertue . John: Emmett ❂ Sealed //

Sealed Signed & delivered in p^rsence of                 The Court having Considered the p^rmises, doe Order a Non Sute agt y^e

Wm: Aylward: // Rich^d: Watkins x his marke} plt w^th Cost of Sute als Executio. //