432        Provincial Court Proceedings, 1676.

            Liber N N  nor rendered but the same to pay hath denyed & as yet doth deny
                   whereupon the said Gerard Saith he is dampnified & hath losse to the
                   value of six hundred pounds Sterling & thereupon he bringeth his
                   suite.
                    And the said Benjamin in his proper person doth come & defend
                   the force & injury when &c & prayeth heareing of the writeing afore-
                   said & it is read unto him he also prayes heareing of the Condition
                   of the said writeing which is read unto him in these words. The
                   Condition of this Obligation is Such That whereas the abovebound
                   Wm Barrett hath drawne three bills of Exchange all of One tenor
                   & date & beareing date with these prsents upon his ffather Mr Wm
                   Barrett of London merchant for the sume of two hundred & thirty
                   pounds law full mony of England payable at sixty dayes sight to
                   Mr Gerard Slye abovenamed or his Order Now if any one of the said
                   bills of Exchange be well & truly paid according to the tenor of the
               p. 268  same, then this Obligation to be void otherwise to remaine in full
                   force power & virtue Which being read & heard the said Benjamin
                   by Robert Ridgely his Attorny Saith that the Said Gerard his action
                   aforesaid agt him ought not to have because he saith yt all & Singular
                   the covenants clauses & conditions in the Condition of the said write-
                   ing Obligatory mentioned he hath performed according to the tenor
                   thereof & thereof demands judgmt if the said Gerard his action afore-
                   said agt him can mainteine—And the Said Gerard Saith that the
                   said Benja the Said Condition of the Said writeing Obligatory hath
                   not performed & this he prayeth may be enquired off by the Country
                   & the said defendant likewise Whereupon Comand is given to the
                   Sheriff of St Maries that he cause to come here twelve &c Now here
                   at this day to wit the six & twenty day of April Anno 1677 Came
                   the partyes aforesaid & the jurors of that jury also Came to wit
                   Thomas Pattison Thomas Potter Thomas Keyting ffrancis Swinfen
                   John Dent Jno Brookes Lewis Blangy Constant Daniell Elias Beech
                   Jno Stephens Thomas Kemp & Thomas Bowdell who being impan-
                   nelled sumoned & Sworne to Say the truth in the prmisses & the bill
                   of exchange protested with an accompt by the said Gerard brought
                   into Court due from the said Wm Barrett vizt
                                    £     Credr           £
                    The Principall230    Goods            122
                    returned ptested         69   due          177
                                  299            299.

                   being read & heard the said jurors upon their Oathes doe say Wee
                   find for the plaintiff Whereupon it is granted by the Court here
                   that the said Gerard recover against the said Benjamin aswell the
                   summe of One hundred Seventy Seaven pounds Sterling as also the
                   summe of One thousand and twelve pounds of tobacco costs of
                   suite.