Provincial Court Proceedings, 1674.  415




        And the said Thomas Wynne by Robert Ridgely his Attorny corn- Liber M M
       eth and defendeth the force and injury when &c and prayeth heare
       ing of the writeing aforesaid and it is read unto him he prayeth also
       the heareing of the Condition of the said writeing and it is read unto
       him in these words The Condition of this Obligation is such That
       if the above bounden Thomas Wynne shall well and truly performe
       fullfill and Keepe every clause and article contained in certaine
       Articles of agreement interchangably Sealed betweene the said
       Thomas Wynne and the abovenamed George Manwareing and beare
       ing date the day of the date of these presents then this Obligation
       to be void and of none effect otherwise to stand remaine and be in
       full force and Virtue. which being read and heard the said Thomas
       Saith that he by virtue of the said writeing Obligatory of the said
       debt in the said writeing mentioned Ought not to be burthened be
       cause he Saith that he the said Thomas hath well and truly per
       formed observed fullfilled & Kept every clause and article contained
       in the said Articles of Agreement in the said Condition of the said
       writeing Obligatory mentioned which on the part of the said Thomas p. 417
       was to be performed observed fulfilled and Kept and the said Thomas
       prayeth the heareing of the said Articles of Agreement and that the
       said Thomas and Henry may His breach therein assigne.
        And the Said Thomas and Henry Say that they the said Thomas
       and Henry from haveing their action aforesaid against the said
       against the said Thomas ought not to be barred for that they say
       that the said Thomas Wynne hath not performed fullfilled and Kept
       the clauses and articles in the Said Articles of agreement in the
       condition of the said writeing Obligatory mentioned which on the
       part of the said Thomas was to be observed fullfilled and Kept
       for that the said Thomas hath not returned the bills and accompts
       received of the said George amounting to the summe of twenty
       thousand eighty foure pounds of tobacco in his life time nor to the
       said Thomas and Henry since his death nor rendred his accompt
       of the tobaccoes received by him for the use of the said George
       as by the said writeing of Articles it more fully appeares he ought
       and this they pray may be inquired off by the Country. and the said
       Thomas Wynne likewise. Therefore it is this day to witt the 13th
       day of December in the 43th yeare of the Dominion of Caecilius &c
       comãnded the Sheriff of St Maries County that he cause to come
       here twelve &c by whom &c to recognize &c who neither &c because
       aswell &c.
        Att which day came aswell the said Thomas and Henry by their
       Attorny and the said Thomas Wynne by his Attorny and the jurors
       of that jury likewise came to witt Thomas Hussy James Thompson
       Philip Lines John Rice Thomas Knighton John Bigger Thomas
       Chandler John Bailey Thomas Kemp Richard Chilman Wm Stacey
       and Thomas Doxey who being impannelled sumöned and swore to