Provincial Court Proceedings, 1677/8.     331

         And whereupon the said Garret VanSweringen by George Parker Liber N N
        his Attorney saith, that whereas the said Thomas Hedge the seventh
        day of April Annoq Doni One thousand six hundred seventy & six
        by his certaine bond or writeing obligatory sealed with the Seale of
        the said Thomas Hedge & here in Court produced whose date is the
        day & yeare first abovesaid, was holden & firmly bound to Garret
        VanSweringen of the Citty of St Maryes in the Province of Mary
        land Innholder in the full sume & just quantity of Eleven thousand
        pounds of good sound & every way well condiconed Wchantable
        tobacco & cask to be paid to the said Garret VanSweringen or to his
        certaine Attorney his Exrs Admrs or assignes To which paymt well
        & truely to be made & done he the said Tho: Hedge did binde him
        selfe his heyres Exrs & Admrs firmly by those prsents Notwithstand
        ing which the said Thomas Hedge the said sume of Eleven thousand
        pounds of tobacco according to the tenor of the said bond or write
        ing obligatory although often demanded hath not paid, but the same
        to pay hath refused & still doth refuse, whereupon the said Garret
        saith he is damnified & hath losse to the Value of sixteen thousand
        pounds of tobacco & thereupon he bringeth his suite
         And the said Thomas Hedge by Kenelm Cheseldyn his Attorney
        comes & defends the force & injury when &c & prayeth the hearing
        of the said bond or writeing obligatory & itt is read unto him he
        also prayeth the hearing 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 obligation is such, that if they the above
        bounden Thomas 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 as
        signes 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 con
        venient place in Baltemore County aforesaid within one Mile of the
        water side 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 strength & vertue Which being
        read & heard the said Thomas Hedge by his Attorny 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 Annoq
        Doni 1678 came the said Garret VanSweringen by his Attorney
        aforesaid & offered himselfe agt the said Thomas Hedge in the plea
        aforesaid, but the said Thomas came not but made default Therefore