Provincial Court Proceedings, 1678. 23

And whereupon the said Gerard by Kenelm Cheseldyn his Attor-
ney saith, that whereas the said Symon the fourteenth day of
Septemb^r in the second yeare of the Dominion of Charles &c Annoq
Doni One thousand six hundred Seventy seven by his certaine write-
ing Obligatory Sealed with the Seale of him the said Symon & here
in Court produced whose date is the same day & yeare above written
did own & acknowledge himselfe to be bound & firmly obliged unto
him the said Gerard Slye in the just Sume of ffoure thousand pounds
of good sound M^rchantable tobacco & cask to be paid to the said
Sheriffe or his certaine Attorney Exec^rs or assignes Notwithstanding
the said Symon the said Sume of ffoure thousand pounds of tobacco
to him the said Gerard according to the tenour of his said writeing
obligatory hath not paid, but the same to pay hath altogether denyed
& still doth deny, whereupon he saith he is damnified & hath losse
to the Value of Eight thousand pounds of tobacco & thereupon he
bringeth his suite
And the said Symon by Robert Carvile his Attorney cometh &
defendeth the force & injury when &c and prayeth hearing of the
said writeing obligatory & itt is read unto him, he also prayeth the
hearing of the Condicon of the said writeing & itt is read unto him
in these words following Viz^t The Condicon of this Obligacon is
such That if the above bound Samuel Abbot doe appeare before the
Justices of the Provinciall Court att S^t Maryes the second day of
October next to Answer unto Garret Van Sweringen in a plea of
trespas on the case And also doe & shall stand to & abide such judge-
ment & finall determinacon of the said cause as shall be made att the
tryall & hearing thereof That then the above Obligacon to be Void &
of none effect Or else the same to stand in full force & Vertue Which
being read & heard the said Symon by his Attorney aforesaid prayeth
liberty to imparle hereunto untill next Provinciall Court & itt is
granted unto him the same day is given to the plaintiffe also.
Now here att this day to witt the Sixteenth day of Octob^r 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 Defend^t by his said Attorney
saith that the plaintiffe his action aforesaid against him ought not to
have, because he saith that the said Samuel Abbot in the Condicon
of the said Obligacon menconed did att the said second day of
Octob^r in the said Condicon also menconed by Nehemiah Blakiston
gent one of the Attorneys of this Court as Attorney for him the said
Symon enter his Apparance before the Justices of the Provincial
Court att the suite of the said Garret VanSweringen according to
the Condicon of the said Obligacon And that upon his entring his
Apparance aforesaid, the said Samuel & Symon ought to be dis-
charged from the said Obligacon haveing performed the Condicon
thereof, & this he is ready to averr & demands judgem^t of the said

Liber N N