MARYLAND COURT OF APPEALS 173

to owe and stand indebted to our said Lord the King that then was the
Sume of One thousand pounds of Currant money of England to be paid to
our said Lord the King that then was his heirs and Successors to which pay-
ment well and truly to be made he bound himself his heirs Executors and
Adm^rs firmly by the said Writing when thereunto requested Nevertheless the
said Phillip the said Summe of One thousand pounds of Currant money of
England tho' often thereunto required hath not rendred but the same to
render hath denied and still doth deny Whereupon the said George Plater
Attorney Generall aforesaid saith our Lord the King that now is is damnified
One Thousand Two Hundred and Fifty pounds of Currant money of Eng-
land, and thereupon action is brought etc. And the said George Plater At-
torney Generall for our said Lord the King bringeth here into Court the
writing aforesaid which testified! the debt aforesaid And the said Phillip
Llynes in his owne proper person cometh and defendeth the force and In-
jury when etc. and prayeth the hearing of the Condition of the Writing
aforesaid and it is read unto him in these words Viz^t The Condition of the
above obligation is such that if the above bound [255] Thomas Smith shall
return with his said Pinke from this Province to some port in England Wales
or Town of Berwick upon Tweed or to or to [sic] some of his Majestys Plan-
tations in Asia Africa or America and there unlade and put on Shoar all such
Tobaccoes as shall by the said Pinke be exported out of this province this
present Voyage (the danger of the Seas Excepted) and returne certificate
from the Officers of his Majesty's Customs of such port of his true perform-
ance hereof within one Year to this Office And further that if the said Thomas
Smith before the departure of him or his said Pinke out of this Province this
present Voyage shall really or bona fide render unto his Majestys Collector of
his Customs and dutys of the said Province A Just Account of the true quan-
tity of tobaccoe by him the said Thomas Smith Loaden on Board the said
Pinke this present Voyage and that if the said Pinke shall now saile from
this Province directly to some Port of England Wales or Town of Berwick
upon Tweed (only the danger of the Seas Excepted) that then the said
Thomas Smith shall before the departure of him or his said Pinke out of
this Province this present Voyage well and truly pay or cause to be paid unto
his Majestys said Collector or such persons as he shall appoint for the use
of his Majesty the Just Sume of One penny Sterling per pound for every
pound of tobacco of the growth of this province which shalbe loaden or
taken on board the said Pinke this present Voyage the payment thereof to
be paid in Money Sterling ready downe or at London by Bills of Exchange
at Twenty days sight for Which good Securely shalbe first Given here in this
Province or in Tobacco or in other goods or Comoditys at the Election of
the said Collector or whom he shall appoint that then the before going Ob-
ligation shall be Void and of no effect or els to stand and be in full force
and Virtue Now here at this day to witt the fourth day of December Anno