Provincial Court Proceedings, 1677/8.    327

        able tobacco & cask to be paid to the said James Stavely or to his Liber N N
        certaine Attorney his Exrs Adrs or assignes To which paymt well &
        truely to be made & done he the said Peter Sayer did binde himselfe
        his heyres Exrs & Adrs firmly by those prsents Notwithstanding
        which the said Peter Sayer the said sume of thirteen thousand three
        hundred forty & foure pounds of tobacco in cask according to the
        tenour of the said bill or writeing obligatory although often de
        manded hath not paid, but the same to pay hath refused & still doth
        refuse, whereupon the said James Stavely saith he is damnified &
        hath losse to the Value of twenty thousand pounds of tobacco and
        thereupon he bringeth his suite
         And the said Peter Sayer by Robert Ridgely his Attorney doth
        come & defend the force & injury when &c and prayeth the hearing
        of the bond or writeing obligatory aforesaid He also prayeth the
        hearing of the Condicon of the said bond or writeing obligatory &
        itt is read unto him in these words The Condicon of this prsent above
        written Obligacon is such That if the above bounden John Quigley n. 563
        Peter Sayer & John Brooke they or any of them their or any of their
        heyres Exrs Admrs or assignes or any of them shall & doe well &
        truely pay or cause to be well & truely paid unto the above named
        James Stavely or to his certaine Attorney his Exrs Admrs or assignes
        the full just & just quantity of six thousand nine hundred twenty
        two pounds of good sound & every way well condiconed Mrchant
        able tobacco in cask upon the twentieth day of Octobr next ensueing
        the day of the date hereof in some convenient place in Calvert County
        aforesaid within one mile of some convenient landing place without
        any fraud or further delay That then this prsent above written
        obligacon shall be void & of none effect, otherwise to stand & remaine
        in full power force & vertue Which being read & heard the said
        Peter Sayer by his Attorney aforesaid prayed liberty to imparle
        hereunto untill next Court & itt is granted unto him, the same day
        is given to the plaintiffe also.
         Now here att this day to witt the ffifteenth day of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Anoq
        Doni 1678. came the said James Stavely by his Attorney aforesaid
        & offered himselfe agt the said Peter Sayer in the plea aforesaid, but
        the said Peter came not but made default Therefore itt is considered
        by the Court here, that the said James Stavely recover agt the said
        Peter Sayer as well the sume of thirteen thousand three hundred
        forty & foure pounds of tobacco debt As also five hundred thirty
        two pounds of tobacco cosis of suite.

       Garret VSweringen Garret VanSweringen of the Citty of St Maryes
           agt gentl complaineth agt John Blomfeild one of
     Jno Blomfeild   the Attorneys of this Court here prsent in Court
                     of a plea of trespas upon the case