468        Provincial Court Proceedings, 1676.

          Liber N N   Morgan Wm Coursey & Peter Sayer nor any of them the said summe
                  of One hundred thousand pounds of tobacco unto the said Lord
                  Propry nor unto his certaine Attorny have not paid or rendred ac-
                  cording to the tenor forme & effect of the aforesaid writeing Obliga-
                  tory but the same to pay or render hitherto have denyed & as yet
                  doe deny whereupon the said Kenelm Cheseldyn Attorny Generall
                  who prosecutes for the said Lord Propry Saith he hath Suffered
                  damage two hundred thousand pounds of tobacco.
                    And the said Peter Sayer in his proper person cometh & defendeth
                  the force & injury when &c & prayeth heareing of the writeing afore-
                  said & it is read unto him he also prayeth heareing of the Condition
                  of the said writeing & it is read unto him in these words The Condi-
                  tion of Obligation is such That if the abovebounden ffrances Morgan
                  administratrix of all & Singular the goods chattells & creditts of
                  Henry Morgan late of Kent County deceased doe make or cause to
                  be made a true & perfect inventory, of all & singular the goods Chat-
                  tells & debts of the said deceased & the same so made doe exhibite
                  or cause to be exhibited into the Office for probate of Wills & grant-
                  ing of administrations at St Maries within the said Province on or
                  before the eighth day of April next ensueing & the said goods chat-
                  tells & debts doe well & truly administer vizt doe pay the debts of the
                  said deceased which he did owe at the time of his decease so farr forth
                  as the said goods debts & chattells will extend & as the Law will charge
                  her & further doe make or cause to be made a true & perfect accompt
                  of & upon her said Administration within twelve months if she shall be
                  thereto lawfully called and such part or portion of the said goods Chat-
                  tells & debts which shall be found remaineing upon the said accompt
                  examined & adjudged by the judge appointed for the time being
                  for probate of Wills & granting administracons within the said
                  Province shall distribute & dispose as by the said judge Shalbe lim-
                  ited & appointed And lastly doe at all & every time & times hereafter
                  cleerely acquitt discharge & Save harinlesse the said Lord Propry &
                  his Lopps said judge & all other his Lopps Officers and ministers
                  against all persons haveing or pretending to have any right title
                  or interest of in or to the said goods chattells or debts That then
              p. 293  present Obligation to be void & of none effect otherwise to stand
                  remaine & be in full force power strength and vertue, Which being
                  read & heard the said Peter prayeth liberty of Speakeing hereunto
                  untill the next Court & it is granted him the same day is given to the
                  said Kenelm.
                    Now here at this day to wit the foure & twentith day of April 1677
                  came the said Kenelm & offered himself against the said Peter upon
                  the said information by the said Peter came not but made default
                  Whereupon it is granted by the Court here that the said Lord Propry
                  recover against the said Peter Sayer aswell the summe of One hun-
                  dred thousand pounds of tobacco the debt aforesaid as also the
                  summe of            pounds of tobacco costs of Suite.