Provincial Court Proceedings, 1679/80. 111

And whereupon the said Samuell Heron by Christopher Rousby
his Attorney saith, that whereas the said Michael Rochford the
twenty second day of Septemb^r Anno Domini one thousand six
hundred seventy seven, by his certaine writeing obligatory Sealed
with the Seale of him the said Michael here in Court produced,
whose date is the same day & yeare above menconed, did acknowl-
edge himselfe to be holden & firmly bound unto Samuel Heron of
the Citty of London Merchant in the Sume of One hundred pounds
of good & lawfull money of England, to be paid unto the said
Samuell Heron or to his certaine Attorney his Ex^rs or Adm^rs To
which paym^t well & truely to be made, he the said Michael Rochford
did binde himselfe his heyres Ex^rs & Adm^rs firmly by those p^rsents.
Neverthelesse the said Michael Rochford in his life tyme, or the
said Margaret Ex^x of the last Will & testam^t of the said Michael
since his death & while she was sole, or the said W^m Cole and
Margarett his wife since their intermarriage, the said Sume of
One hundred pounds of good & lawfull money of England unto
him the said Samuell Heron although often thereunto required
have not paid nor any of them hath paid, but the same to pay haue
refused And the said W^m & Margarett still doe refuse, whereupon
the said Samuell saith he is the worse & hath damage to the Value
of One hundred & fifty pounds of lawfull money of England and
thereupon he brings his suite
And the said W^m Cole & Margarett his wife by Robert Carvile
their Attorney come & defend the force and injury when &c and
pray hearing of the said writing obligatory & itt is read unto them,
they also pray hearing of the Condition of the said writing obliga-
tory & itt is read unto them in these words Viz^t The Condition of
this Obligation is such, that if the above bound Michael Rochford
his heyres Ex^rs or Adm^rs shall well & truly observe performe & keep
the severall clauses Articles & Agreements made from him to the
said Samuel Heron in a writing bearing date with these p^rsents
Then this Obligation to be void, otherwise to stand in full force &
Vertue. which being read & heard, the said W^m and Margarett by
their Attorney aforesaid pray liberty to imparle hereunto untill next
Provintiall Court, & itt is granted unto them, the same day is given
to the p^lt also.
Att which said next Provintiall Court came the said parties by
their Attorneys aforesaid And the said W^m & Margarett by their said
Attorney say, that the said Samuell his action aforesaid against them

Liber W. C.

ought not to haue for that They say, the said Samuell Heron is a
fforeigner liveing in the Citty of London, And that the debt sup-
posed to be due to the said Samuell upon the Articles of Agreement
in the Declaration menconed was contracted in the Citty of London,
And that the said Michael Rochford dyed indebted to severall per-
sons within this Province by bonds bills & accounts severall consid-

p. 101