Provincial Court Proceedings, 1677/8.    311

         eight thousand seven hundred forty & six pounds of tofl according Liber N N
         to the tenour of the said bond to him the said Matthew hath not paid
         but hath & still doth deny to pay the same to the damage of the
         said Matthew fforty thousand pds of tobacco & thereupon he brings
         his suite.
          And the said John ifaning in his proper person cometh & denieth
         the force & injury when &c & prayeth hearing of the said bond or
         writeing obligatory & itt is read unto him, he also prayeth hearing
         of the Condicon of the said bond & itt is read unto him in these
         words The Condicon of this obligation is such, that if the above
         bounden John ifaning doe well & truely pay or cause to be paid unto
         the aforesaid Matthew Paine his heyres Exrs or Admas the full &
         just quantity of foureteen thousand three hundred seventy & three
         pds of good sound Wchantable leafe tobacco with cask conveniently
         in St Maryes or Charles County att or upon the tenth day of
         Novembr next ensueing this date Then this obligation to be void &
         of none effect, otherwise to stand & remaine in full power force &
         vertue Which being read & heard the said John ifaning this day to
         witt the Eleventh day of April in the third yeare of the Dominion
         of Charles Lord Baltemore &c Annoq Doni 1678. saith nothing in
         barr or avoidance of the action aforesaid of him the said Matthew
         Paine in forme aforesaid brought for that he oweth the said sume of
         twenty eight thousand seven hundred forty & six pounds of tob
         to the said Matthew Therefore itt is considered by the Court here,
         that the said Matthew Paine recover agt the said John ifaning the
         aforesaid sume of twenty eight thousand seven hundred forty & six
         pds of tob debt As also    pounds of tobacco costs
         of suite so that Execucofl thereof cease untill the tenth day of Octobr
         next
         Richard Loyd             .
           a      The Defend by Wm Williams his Attorney appeares
             g      imparles untill next Court
         Wm Singleton

          Att a Provinciall Court held att the Citty of St Maryes The Elev- p.
         enth day of June in the third yeare of the Dominion of Charles
         absolute Lord & Proptry of the Provinces of Maryland & Avalon
         Lord Baron of Baltemore &c Annocp Doni one thousand six hun
         dred seventy eight & there continued untill the Eighteenth day of the
         same Month of June Att which said Eleventh day of June were prsent
                  Thomas Notley Esqr Lievt Genll & chiefe Justice
                   Philip Calvert Esqr Chancelour
                ble Wm Calvert Esqr Principall Secry
         The Hon                    ll
          Baker Brooke Esq Surveyr Gen
                 Benjamin Rozer Esqr
                                   Nicholas Painter Clerke