330      Provincial Court Proceedings, 1677/8.

             Liber N N whom Letters testamentory was comitted of the Goods & Chattels of
                    the said Samuell Boston though often demanded the said Sume of
                    Eleven thousand pounds of tobacco hath not paid or satisfied accord
                    ing to the tenor of the said bond or writeing obligatory, but the
                    same to him the said Garret doth still deny & refuse Whereupon the
                    said Garret saith he hath losse & is damnified to the Value of sixteen
                    thousand pounds of tobacco and thereupon he bringeth his suite
                     And the said James Mills by Kenelm Cheseldyn his Attorney
                    comes & defends the force & injury when &c and prayeth the hearing
                    of the said bond or writeing obligatory & itt is read unto him, he
                    also prayeth the heareing of the Condicon of the said bond or write
                    ing obligatory & itt is read unto him in these words The Condicon of
                    this prsent above written obligacon is such, That if the above bounden
                    Tho: Hedge & Samuell Boston they or either of them their or either
                    of their heyres Exrs Admrs or assignes shall & doe well & truely pay
                    or cause to be well & truely paid unto James Stavely of the County
                    of Baltemore aforesaid Wchant or to his certaine Attorney his
                    heyres Exrs Admrs or assignes or to the order or assignes of the said
                    Garret VanSweringen the full & just sume & just quantity of five
                    thousand & five hundred pounds of good sound & every way well
                    condiconed Mrchantable tobacco & cask upon the tenth day of Octobr
                    now next ensueing the date hereof in some convenient place in Balte
                    more County aforesaid within one Mile of the waterside without
                    any fraud or further delay That then this ptsent abovewritten obli
                    gacon shall be void & of none effect, otherwise to stand & remaine
                    in full power force strength & vertue Which being read & heard the
                    said James Mills by his Attorney aforesaid prayed liberty to imparle
                    hereunto untill next Provinciall Court & itt is granted unto him, the
                    same day is given to both parties
               p. 566 Now here att this day to witt the seventeenth day of June in
                    the third yeare of the Dominion of Charles Lord Baltemore &c
                    Annocp Doni 1678. came the said Garret by his Attorney aforesaid
                    & offered himselfe agt the said James Mills in the plea aforesaid but
                    the said James came not but made default Therefore itt is consid
                    ered by the Court here that the said Garret VanSweringen recover
                    agt the Estate of the said Samuell Boston as well the sume of Eleven
                    thousand pounds of tobacco debt As also five hundred sixty eight
                    pounds of tob costs of suite

                   Garret VanSweringen Thomas Hedge late of Baltemore County
                       agt gentl otherwise called Thomas Hedge of the
                    Thomas HedgeProvince of Maryland in Baltemore County
                    was Sumoned to Answer unto Garret Van
                    Sweringen of a plea that he render unto him the full sume & just
                    quantity of Eleven thousand pounds of good sound Mrchantable
                    tobacco & cask which he oweth him & unjustly detaineth