Provincial Court Proceedings, 1679/80. 381

Benjamin George and Thomas George did binde them their selves
Seaverally and Joyntly by himself for the whole their heires Ex-
ecuto" and Adm^rs firmely by those p^rsents, Notwithstanding which
the said Benjamin and Thomas or either of them the said Sume of
Tenn Thousand pounds of Tobacco to him the said Martin Stampe
according to the Teno^r of the same bond or Writeing obligatory
hath not payd Although often thereunto required, But the same to
pay have Denyed and as yet doe Denye Whereupon the said Martin
sayth hee is Damnifyed and hath losse to the Vallue of Twenty
Thousand Pounds of Tobacco And thereupon hee bringeth his
suite
And the said Benjamin George and Thomas George by Kenelm
Cheseldyn their Attorney Come and defend the force and injury
when &c and prayeth the hearing of the said bond or writeing obliga-
tory and Itt is read unto them, They Pray also the hearing of the
Condicon of the same bond or writeing obligatory and itt is Read
unto them in these words (Viz) The Condicon of this obligacon is
such That if the above bounden Benjamin George his heirs Execu-
tors Adm^rs or assignes or any of them shall well and truely pay
or cawse to bee payd upon his now Dwelling Plantacon att Poplar
Hill, unto the abovenamed Martin Stampe, his Lawfull Attorney
his heires Executo^rs Administrate" or assignes the full and just
Sume of ffoure thousand and Eight hundred pounds of good and
Cleane well Condiconed Tobacco att or upon the Tenth day of No-
vemb^r next Ensueing the date hereof, That then this obligacon to
bee voyd and of none Effect otherwise to stand and bee in full force
& vertue: W^ch being Read and heard the said Benjamin George and
Thomas George by their said Attorney Say That the day of the
Obtaining the Originall writt of the aforesaid Martin Stampe to
whome the said Benjamin is Supposed to bee indebted, the said
Martin was not Liveing or in Rerum Natura, as by the writt afore-
said is supposed, and this hee is ready to averre Whereupon hee
prayes Judgment of that writt &c.
And the said Attorney sayth that the said Martin Stampe in the
writ named at the time of the issueing out the originall writ afore-
said was alive and in Rerum Natura & this hee prayeth may bee
inquired of by the Country. And the def^te alsoe
Itt is therefore comanded the sheriffe of st Maryes County that
hee Cause to come here Twelve &c. By whome &c. and who neither
&c To Recognize &c. because aswell &c
Now here att this day to witt the eighteenth day of ffebruary in
the sixth yeare of Dominion of the Right Hono^ble Charles Lord

Liber W. C.

Baltemore &c Annoq Dominj 1680 Came the the said partyes by
their Attorneys aforesaid, and the Juro" impannelled being called
Likewise came (To witt) Bartholomew Ennalls, Anthony Dawson,
Thomas Hinton, John Wynn, William Harper, John Powell,

p. 350