484 Provincial Court Proceedings, 1674/5.






            Liber M M At which said ninth day of ffebruary in the yeare aforesaid the
                  same Sheriff maketh returne that the said John Harden and John
                 Clements are not found in his Bailiwicke
                   And whereupon the said Charles by Vincent Lowe his Attorny
                 complaineth and Saith that whereas the said John Harden & John
                 Clements the fiftenth day of March Anno Dom One thousand six
                 hundred Seventy two by their certaine writeing Obligatory Sealed
                 with their Seales here in Court produced whose date is the day and
                 yeare abovewritten did bind themselves and either of their heirs
                 executors and administrators in the whole & for the whole joyntly &
                 Severally to pay unto the said Charles Calvert or to his certaine
                 Attorny his heirs executors admrs or assignes the summe of Sixty
                 pounds Sterling Yet notwithstanding the aforesaid Summe of Sixty
                 pounds Sterling the said John Harden and the said John Clements
                 have not paid to him the said Charles Calvert according to the tenor
                 of the Said writeing Obligatory but the same to pay doth altogether
                 deny and refuse though often thereunto required, Whereupon the
                 said Charles Caivert Saith he is dampnified & hath losse to the Value
                 of eighty pounds Sterling and thereupon he brings his suite
                   And the said John Clements in his proper person cometh and
                 defendeth the force and injury when &c and prayeth the heareing of
                 the said writeing Obligatory and it is read unto him & likewise pray
                 eth the heareing of the Condition of the said writeing Obligatory
                 and it is read unto him in these words The Condition of this Obliga
                 tion is such That whereas the above bounden John Harden hath
                 this day by exchange drawne on Master William Orchard merchant
                 in Poole three bills of exchange of One tenor and date for twenty
                 nine pounds ten shillings and foure pence Sterling payable at twenty
                 dayes Sight unto the Right Honble the Lord Baltemore or Order
                 If therefore the said Wm Orchard doe accept & pay the said bills
                 of Exchange according to the tenor of the said bills without fraud
                 or delay that then this Obligation to be Void and of none effect
                 otherwise to remaine and be in full force power & Virtue which
                 being read & heard the said John Clements this day to wit the twelfth
                 day of ffebruary in the yeare aforesaid Saith nothing in barr or
            p,   avoidance of the action aforesaid of him the said Charles Calvert
                 Therefore it is considered by the Court here that the said Charles
                 recover against the said John Clements as well the summe of twenty
                 nine pounds ten shillings foure pence Sterling the debt aforesaid
                 together with the summe of eight pounds seventeen shillings & One
                 penny for Change and rechange of the debt aforesaid as also the
                 summe of for his costs & charges in this behalf e laid
                 Out & expended.

                 Richard ffountaine Comand was given the Sheriff of Charles County
                     agt that whereas Richard ifountaine hath come be
                 Henry Hawkins fore his Lopp in his Court of Chancery and