306       Provincial Court Proceedings, 1676.

             LiberN N May 27th 1676.
                   Wm Guither    This cause this day comeing to heareing upon
                      agt reading bill answer bill of revivor & other
                   Ignatius Mathews & papers relateing to this cause the Land in the
                    others bill mentioned is decreed to the said William
                                 Guither according to Patent.

                   Proprietary   Benjamin Rozer late of Charles County admr
                      agt of the goods & Chattells of Joseph Pearse was
                   Benja Rozer admr Suthoned to answer unto Charles Calvert Esq
                    Joseph Pearse Capt Generall & Govenour of Maryland in a plea
                               that he render unto him the summe of One hun-
                   dred thirty foure pounds and foure pence Sterling mony of England
                   which from him he unjustly deteineth.
                    And whereupon the said Charles Calvert Esq Capt Generall &
                   Governour aforesaid by Kenelm Cheseldyn his Attorny Saith that
                   whereas the said Joseph Pearse in his life time to wit the twentith
                   day of July in the yeare 1674 did by his certaine writeing Obligatory
                   Sealed with the seale of him the said Joseph and here in Court pro-
                   duced whose date is the same day and yeare abovesaid did acknowl-
                   edge himselfe holden and firmly bound unto his Excellency Charles
                   Calvert Esq Capt Generall and Governour of Maryland in the full
                   and just summe of One hundred thirty foure pounds & foure pence
                   lawfull mony of England to be paid to the said Charles Calvert his
                   executrs admrs or assignes to the which payment well & truly to be
                   made he did bind himselfe his heirs executors & admrs by those
                   presents notwithstanding which the said Joseph in his life time nor
                   the said Benjamin Since his death to whom administracon of all &
                   singular the goods & chattells which were of the said Joseph at the
                   time of his death to him committed hath not paid though often there-
                   unto required but the same to pay hitherto hath and Still doth deny
                   to the damage of the said Charles two hundred pounds Sterling &
                   thereupon he bringeth his suite.
                    And the said Benjamin in his proper person doth come and de-
                   fend the force & injury when &c & prayeth heareing of the Obliga-
                   tion aforesaid & it is read unto him and he prayeth also heareing
                   of the condition of the said Obligation and it is read unto him in
                   these words The Condition of this Obligation is such That if
                   Mr Thomas Spencer Merchant of London doe well and truly pay
                   or cause to be paid unto the abovenamed Charles Calvert his execu-
                   tors admrs or assignes the full and just summe of sixty Seaven
                   pounds & two pence of lawfull mony of England according to the
               P. 187  tenor of three bills of exchange beareing even date herewith drawne
                   upon the Said Thomas Spencer by the abovebounden William Meas-
                   ure Then this obligacon to be void & of none effect or else to stand
                   & abide in full force & virtue, which being read and heard the said