64 MARYLAND COURT OF APPEALS

for a greater or lesser Summe or for a Longer or Shorter time And all Bonds
Contracts and Assurances [95] whatsoever made after the time aforesaid
for payment of any Principall money or Tobbacco or Goods or Commodi-
tys to be lent or Covenanted to be performed upon or upon any usury where
upon or whereby there Shall be above the rate of Six pounds in the hundred
in money as aforesaid and above Eight pounds in the hundred in Tobbacco
or other goods and Comoditys as af^d Shall be utterly voyd and that all and
every person or persons whatsoever which Shall after the time aforesaid upon
every Contract to be made Ask demand or take Accept or receive by Virtue
of Corrupt Bargain, Loan Exchange Chievizance Shift or Interrest of any
wares Merchandizes or other thing or things whatsoever or by any directfull
way for the forbearance or giving day of payment for one whole Year of or
for their money Tobbacco Goods or Comoditys as aforesaid Shall forfeit and
loose for every Such offence the Treble Value of the money Tobbacco, Goods
Wares Merchandizes and other things So lent Bargained Sold Exch^d and
Shifted as aforesaid the one halfe of the Said fine and forfeiture to the right
hon^ble the L^d Proprieatry and the other halfe to him or them that Shall Sue
for the Same in any Court of Record of Record [sic] within this Province by
Action of Debt Bill plaint or Information wherein no [Essoyn] protection or
wager of Law to be Allowed And the Said William Hopkins by protestacon
Saith that he the Said Thomas Tench lent unto him the Said William Hop-
kins the Said 2384* of Tobbacco by way of Loan and the Said William did
tender unto the Said Thomas and is Likewise now and hath att all times been
ready to give Security to the Said Thomas Such as the Said Thomas Should
Like and wel[l] Approve of for the payment of the Said 2384* of Tobb^a to-
gether with the Eight pounds of Tobbacco for every hundred upon the 2i^th
day of October next which Shall be in the Year of our Lord 1695 According
to the Directions in the Said Act but the Said Tench did utterly refuse to take
Such Security for the paym^t of the Said 2384* of Tobbacco with the Interrest
of Eight p^ds of Tobbacco for every hundred for the forbearance of the Same
one whole year but the Said Thomas Tench did Ask Demand and [96]
Exact the Sume of five and Twenty pounds of Tobbacco for Interrest and
forbearance of Every one hundred pounds of Tobbacco of the Said 2384' of
Tobb", Soe Lent by way of Loan as afores^d Contrary to the forme of the Said
Act of Assembly af^d and thereupon he puts himselfe upon the Country.

Bland.

And the Said Thomas Tench Saith that for any thing above in the plea
of him the Said William Hopkins Alledged he ought not to be debarred from
hearing his Action aforesaid ag^t him the Said William because he Saith the
Said Thomas being a Merchant att the Speciall Instance and request of him
the Said William did Sell and deliver unto the Said William Hopkins Sever-
all and Sundry Goods Wares and Merchandizes Amounting to the Summe
of 5620 pounds of Tobbacco for ready Tobbacco Imediatly to be paid by the