286  Provincial Court Proceedings, 1674.




        Liber M M   Attorny his heirs executors administrators or assignes To the which
                payment well and truly to be made the said Benjamin and Richard
                did bind themselves and either of them by himselfe their and either
                of their heirs executors and administrators in the whole and for the
                whole joyntly and severally firmly by those presents notwithstand
                ing which the said Benjamin and Richard or either of them the said
                summe of two hundred pounds sterling to him the said Charles
                Calvert according to the said writeing Obligatory hath not paid
                though often thereunto required but the same to pay have refused
                and still doth refuse and deny to the damage of the said Charles
                One hundred pounds sterling And thereupon he bringeth his suite.
                  And the aforesaid Benjamin in his proper person cometh and
                defendeth the force and injury when &c and pnayeth heareing of the
                writeing Obligatory aforesaid and it is read unto him he prayeth also
            p.  210 the heareing of the Condition of the said writeing and it is read
                unto him in these words following Vizt The Condition of this Obli
                gation is such That whereas the abovebounden Richard Speed hath
                this day drawne by exchange On Jeremiah Holwey Senior of Bris
                toll merchant foure bills of exchange for thirty One pounds foure
                Shillings two pence sterling all of One tenor and date paybie at
                thirty dayes Sight unto the abovenamed Charles Calvent or his Order
                if therefore the said Jeremiah Holwey Sen shall well and truly pay
                the said bills of Exchange according to the tenor thereof without
                fraud or de[ceipt] then this Obligation to be void and of none effect
                otherwise to Stand remaine and be in fufl power and force which
                being read and heard the said Benjamin saith that he hath nothing
                to say in barr of the said action whereby the said Charles remaineth
                against the said Benjamin aswell for the said Summe of thirty One
                pounds foure shillings two pence Stert the debt aforesaid as also the
                summe of seven pounds seventeene shillings and foure pence for his
                damages in this behalf e susteined herein undefended
                  Therefore it is Considered by the Court here that the said Charles
                Calvert recover against the said Benjamin the said Summes of
                mony amounting to thirty nine pounds One shilling and six pence
                Sterling and the said Benjamin in mercy &c but execution is hereby
                stayed till the tenth day of October next.

                Lord Proprietary
                agt         to tryall next Count.
          Luke Barbier
          Virlinda Stone
                 agt        Continued till next Court
                Edmund Lindsey
                 Henry Phippes      . . . .
                           wnitt of inquiry of damages in respite untill the
                    ag     first da     th ne t C t
                 Thomas Marsh   y of    e x our.