310  Provincial Court Proceedings, 1674.




          Liber M M  that they the Said Edward and Company would well and truly pay
                  the Same And the Said Richard in fact Saith that in pursuance of
                  the aforesaid Orders of the Said Edward and Compa he the Said
                  Richard On the One and twentith of june 1673 did for the Port
                  Dutyes and Country Custome of the tobacco Shipped in the Said
                  Shipp Agreemt draw bills of exchange for thirty One pounds foure
                  two pence On the Said Jeremiah Holwey Senr of Bristoll merchant
                  payble to Charles Calvert or his Order and to Secure the payment of
                  the Said bills of Exchange So drawne by him as aforesaid did
                  together with Benjamin Solly his Security become bound to the Said
                  Charles Calvert in the Summe of 200 £ Stert that the Said bills
                  of Exchange Should be paid and Satisfied and the Same day to witt
                  the Said 21th of june 1673 the Said Richard became bound to the
                  Said Benjamin in the like Sume of two hundred pounds Sterl to
                  Save the Said Benjamin harmless from the Said former bond So
                  entred into by him the Said Richard and Benjamin joyntly to the
                  Said Charles for the payment of the Said bills And the Said Richard
                  further in fact Saith that at a Provinciall Court held at the Citty
                  of St Maries the 18th day of May in the 42th yeare of the Dominion
                  of Caecilius &c Anncxp Doth 1674 the Said Charles Calvert by due
                  course of Law by reason of the non payment of the Said bills of
                  Exchange did recover judgmt agt the Said Benjamin for the Sufñe
                  of 31 £ 4s 2d Sterling the debt aforesaid as also the Summe of
                  7 £ 14s 4d damages to him adjudge by him to be Susteined by rea
                  son of the deteineing of the Said debt. And the Said Richard further
                  Saith that at the Same Court the Said Benjamin impleaded the
                  Said Richard upon the bond aforesaid for two hundred pounds
                  Sterling and thereupon procured an attachment against the goods
                  and Chatteils of the Said Richard for two hundred Sixty Six pounds
                  Stert And the Said Richard in fact Saith that he trusting to the
                  faithfull promise and assumption aforesaid of them the Said Edward
                  and Compa to him the Said Richard So as aforesaid made well and
                  truly to pay the Said bills of Exchange the Said Richard drew the
                  Said bills of Exchange and also became bound in the Severall bonds
                  before mentioned Notwithstanding which the Said Edward & Compa
              p. 232 their promise and assumption to him the Said Richard So as afore
                  said made little regarding but deviseing and fraudulently intending
                  him the Said Richard in this behalf e craftily and Subtilly to deceive
                  and defraud the Same bills of exchange of thirty One pounds foure
                  Shillings two pence Sterling to him the Said Charles Calvert accord
                  ing to their promise aforesaid have not paid but the Same to pay
                  refused and as yett doe refuse to the damage of the sd Richard
                  of three hundred pounds Sterling and thereupon he bringeth his
                  Suite
                   Att which day the Same Sheriff made returne of the writt afore
                  said and Saith that the Said Edward Erbery and Compa are not
                  found in his Bailiwick.