Provincial Court Proceedings, 1679/80. 225

obligatory sealed with the seale of him the said Garrat and here in
Court produced whose date is the day and yeare aforesaid. Did
acknowledge himself to owe and stand Justly indebted unto the
said Thomas Notley in the full & just quantity of Twenty thousand
Eight hundred pounds of good sound Merchantable Leafe Tobacco
and Caske to Containe it. To bee payd to him the said Thomas
Notley his heires Executors or adm^rs To the w^th payment well and
truely to bee made the said Garratt Vansweringen did binde himself
his heires Executo^rs and Adm^rs firmely by those p^rsents. Notw^th-
standing w^ch the said Garratt Vanswearingen the said sume of
Twenty thousand Eight hundred pounds pounds of Tobacco to
the said Thomas Notley in his life time, nor to the said Charles
and Benjamin since his death (to whom Execution of the last will
and Testament of the s^d Thomas Notley since his death hath beene
Comitted) hath not paid although often thereunto Required, but
the same to pay hath denyed and as yet doth denye, in Retardation
of the Execution of the Testament of the said Thomas, and to the
damage of the s^d Executo^rs to the Vallue of fforty thousand pounds
of Tobacco, and thereupon they bring theire suite And the said Ex-
ecuto^rs bring into Court here the Lett^rs Testamentary to them
granted of the Testament of the said Thomas Notley that it m[ay]
appeare to the Court here that they thereof are Executo^rs :
And the said Garret Vanswearingen in his proper pson Cometh
and defendeth y^e force & injury when &c and prayeth the hearing of
the said writeing obligatory and itt is Read unto him. he prayeth
alsoe the hearing of the Condicon of the same Writeing obligatory
and Itt is Read unto him in these words (viz) The Condition of the
above obligation is such that if the above bound Garrett Vanswear-
ingen shall well and truely pay or Cause to bee paid unto the Hono^ble
Thomas Notley Esq^r above mentioned his Heires Executo^rs adm^rs
assignes the Just quantity of Tenn thousand foure hundred pounds
of good sound Marchantable Leafe Tobacco and Caske to Containe
it. Convenient in the County of st Maries aforesaid att or before the
first day of October next Ensueing the date hereof. Then the p^rsent
obligation to bee voyd and of none effect, otherwise to stand remaine
and bee in full force power and Vertue. Which being Read and
heard the said Garratt sayth that hee hath nothing to say in Barr or
avoydance of the accon aforesaid of them the said Charles Lord
Baltemore and Benjamin Rozer. Therefore Itt is consider^d by the
Court here this day (to witt) the Twelfth day of May in the ffifth
yeare of the Dominion of the R^tt hono^ble Charles Lord Baltemore &c
Annoq Dom 1680 that the said Charles Lord Baltemore and Ben-
jamin Rozer Executo^rs as aforesaid Recover against the said Garratt
Vanswearingen the aforesaid sume of Twenty thousand Eight hun-
dred pounds of Tobacco debt and also ffive hundred ninety five
pounds of Tobacco Costs of suite. And the said Garratt in Mercy &c

Liber W. C.
p. 199