Provincial Court Proceedings, 1677/8.    157

        to imparle hereunto untill next Court, & itt is granted unto him, Liber N N
        the same day is given to the said Garret
          Now here att this day to witt the two & twentieth day of ffebruary
        in the third yeare of the dominion of Charles Lord Baltemore &c
        Annocp Doni 1677. came the said Garret VanSweringen by his
        Attorney aforesaid & offered Himselfe against the said George p. 417
        Thompson in the plea aforesaid, but the said George came not but
        made default Therefore itt is considered by the Court here that the
        said Garret VanSweringen recover against the said George Thomp
        son as well the sume of five thousand seven hundred twenty seven
        pounds of tobacco damages occasioned by the trespas aforesaid As
        also the sume of five hundred & eight pds of tobacco costs of suite

        Andrew Tenehill Thomas Bankes late of Calvert County otherwise
            agt called Thomas Bankes of the County of Calvert
      Thomas Bankes in the Province of Maryland Innholder was Sum
                    oned to Answer unto Andrew Tenehill Mrchant
        of a plea that he render unto him the full & neat quantity of Eighteen
        thousand two hundred sixty & six pounds of good sound Mrchantable
        tobacco & caske which to him he oweth & unjustly doth detaine
          And whereupon the said Andrew by Charles Boteler his Attorney
        saith, That whereas the said Thomas Bankes upon the two & twen
        tieth day of May in the yeare of our Lord One thousand six hun
        dred seventy & foure by his certaine bond or writing Obligatory
        which he the said Andrew Tenehill with the Seale of the said
        Thomas Bankes signed here in Court produceth whose date is the
        day & yeare aforesaid, was holden & firmly bounden unto Andrew
        Tenehill Merchant or to his lawfull Attorney in the full & neat
        quantity of Eighteen thousand two hundred sixty & six pounds of
        good sound Mrchantable tobacco & caske To the which payment
        well & truely to be made the said Thomas Bankes did binde himselfe
        his heyres Exrs & Adrs firmly by those pTsents Notwithstanding
        which the said Thomas Bankes though often thereunto required
        the said sume of Eighteen thousand two hundred sixty & six pounds
        of tobacco hath not paid unto the said Andrew Tenehill, but the
        same hitherto hath denyed to render & as yet doth deny whereupon
        the said Andrew saith he is damnified & hath losse to the Value
        of twenty five thousand pounds of tobacco, & thereupon he brings
        his suite

          And the said Thomas by George Parker his Attorney comes &
        defends the force & injury when &c and pray heareing of the said
        writeing, & itt is read unto him, he also prayeth heareing of the
        Condicön of the said writing & itt is read unto him in these words
        following The Condicön of this Obligacon is such, That if the above
        bounden Tho: Bankes his heyres Exrs & Admrs shall well & truely
        pay or cause to be paid unto the said Andrew Tenehill his heyres