Provincial Court Proceedings, 1678. 13

pounds of good sound M^rchantable tobacco in cask to be paid to the
said W^m Calvert Esq^r or to his certaine Attorney his Exec^rs Adm^rs
or assignes To the which payment well & truely to be made the said
Edward did binde himselfe his heyres Exec^rs & Adm^rs in the whole &
for the whole firmly by those p^rsents Notwithstanding the said
Edward the said sume of Eight thousand pounds of tobacco to

Liber N N

him the said W^m Calvert according to his said Writeing obligatory
hath not paid, but the same to pay hath altogether denyed & still
doth deny, whereupon he saith that he is damnified & hath losse to
the Value of Sixteen thousand pounds of tobacco & thereupon he
bringeth his suite
And the said Edward by Robert Ridgely his Attorney cometh &
defendeth the force & injury when &c and prayeth the hearing of the
said writeing obligatory & itt is read unto him, he also prayeth the
hearing of the Condicon of the said writeing obligatory & itt is read
unto him in these words following viz^t the Condicon of this Obli-
gacon is such That if the above bounden, Edward Williams his
heyres Ex^rs Adm^rs or assignes doe well & truly pay or cause to be
paid to the above named W^m Calvert Esq^r his heyres Exec^rs Adm^rs
or assignes the full quantity of foure thousand pounds of good
sound M^rchantable tobacco in cask att some convenient place in
Baltemore County on or upon the tenth day of October next ensueing
the date above That then the above Obligacon to be void & of none
Effect Or else to remaine in full force & Vertue Which being read &
hear the said Edward Williams by his Attorney aforesaid prayed
liberty to imparle hereunto untill next Provinciall Court & itt is
granted unto him, the same day is given to the plaintiff also
Now here at this day to witt the Sixteenth day of October in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came as well the said plaintiffe as the said Defend^t by
their Attorneys aforesaid And the said Defend^t by his said Attorney
saith, that as to two Thousand seven hundred Sixty nine pounds of
tobacco part of the debt in the Declaracon menconed he cannot
gainsay for that he oweth the same unto the said W^m Calvert, the
residue thereof being allready paid & satisfied Therefore itt is con-
sidered that the said W^m Calvert recover against the said Edward
Williams aswell the Sume of two Thousand Seven hundred Sixty
nine pounds of tobacco debt As also ffive hundred Sixty three pounds
of tobacco costs of suite And the said Defend^t in mercy &c, And
likewise the said p^tt in mercy for his false plaint against the said
Defend^t for the residue of the debt aforesaid And the said Defend^t
may goe thereof without a day &c

p. 687