Provincial Court Proceedings, 1677/8.    241
       Edward Inglish                              Liber N N
           agt
       Jno Stanesby Adr
       Caesar Prince

      Wm Doning & Compa Garret VanSweringen late of St Maryes Citty p. 489
            agt in the Province of Maryland Innholder, other-
   Garret VSweringen wise called Garret Van Sweringen of the
                     County of St Maryes in the said Province was
       Sumoned to Answer unto Wm Donning & Compa of the Citty of
       Bristoll in the Kingdome of England Mrchants of a plea that he
       render unto them the full & just Sume or quantity of forty thousand
       pounds of good sound mrchantable tobacco & caske which to them
       he oweth and unjustly detaineth
         And whereupon the said Wm Donning by Robert Ridgely his
       Attorney saith, that whereas the said Garret Van Sweringen the
       sixteenth day of ffebruary in the three & fortieth yeare of the
       Dominion of the late right noble Lord Caecilius &c Annoq3 Doni one
       thousand six hundred seventy foure by his certaine writing Obliga
       tory sealed with the Seale of him the said Garret & here in Court
       produced whose date is the day & yeare aforesaid did acknowledge
       himselfe to be holden & firmly bound unto the said Wm Donning &
       Compa in the full & just Sume or quantity of forty thousand pounds
       of good sound Mrchantable tobacco in caske to be paid to the said
       Wm Donning and Compa or to their heyres ExT8 Admrs or assignes
       To the which paymt well & truely to be made the said Garret did
       binde himselfe his heyres Exrs & Admrs in the whole & for the whole
       firmly by those prsents Notwithstanding which the said Garret the
       said sume of forty thousand pounds of tobacco to them the said
       Wm & Compa although often thereunto required according to the
       tenour of the said writing obligatory hath not paid, but the same
       to pay hath refused & denyed, & to pay the same as yet doth refuse
       & deny, whereupon the said Wm & Compa say they are damnified &
       have losse to the Value of fifty thousand pounds of tobacco & there
       upon they produce their suite
         And the aforesaid Garret Van Sweringen by Robert Carvile his
       Attorney cometh & defendeth the force & injury when &c and the
       said Garret prayeth the hearing of the writing obligatory aforesaid
       & itt is read unto him, he also prayeth the heareing of the Condicon
       of the same writing obligatory & itt is read unto him in those words
       Vizt The Condicon of this Obligacon is such, that if the above
       bounden Richard Moy his heyres Exrs or Admrs shall pay or cause
       to be paid unto the said Wm Donning & Compa their heyres Exrs
       Admrs or assignes att some convenient place in Potomock River in
       the said Province on the tenth day of Octobr which shall be in the
       yeare of our Lord One thousand six hundred seventy five the full &
       just sume of tenn thousand pounds of good sound Mrchantable