526       Provincial Court Proceedings, 1674/5.

         Liber M M John Quigley John Baker late of St Maries Citty in the County of St
                    agt Maries was attached to answer unto John Quigiey in
                 John Baker a plea of trespas upon the case
                  And whereupon the Said John Quigley by Kenelm Cheseldyn his
                 Attorny complaineth that whereas the said John Baker Stands in
                 debted to the said John Quigley for divers goods and merchandizes
                 Sold and delivered unto the said John Baker as also for Severall
                 Summes of tobacco disbursed and paid upon the accompt of the Said
                 John Baker unto Severall persons at divers dayes and times to wit
                 from the Sixtenth day of March in the yeare One thousand Six hun
                 dred Seventy three untili the two and twentith day of October in
                 the yeare One thousand six hundred Seventy foure the summe of
                 two and twe[nty] thousand two hundred forty eight pounds of to
                 bacco a particular of all wch is here in Court produced in con
                 sideration whereof the said John Baker did assume upon him
                 selfe and to the said John Quigley did faithfully promise that he the
                 said John Baker when thereunto required the said summe of two
                 and twenty thousand two hundred forty eight pounds of tobacco
                 to him the said John Quigley would well and truly content and pay
                 Notwithstanding which the said John Baker the said summe of two
                 & twenty thousand two hundred forty eight pounds of tobacco to
                 him the said John Quigley according to his promise hath not paid
                 though often thereunto required but the same to pay hath and Still
                 doth altogether refuse to the damage of him the said John Quigiey
                 thirty thousand pounds of tobacco and thereupon he bringeth his
                 Suite.
                  And the said John Baker by Robert Carvile his Attorny cometh
                 and defendeth the force and injury when &c and Saith that he did
                 not assume upon himself and to the said John Quigley make Such
                 promise as the sd John Quigley hath above declared and of this he
                 putts himselfe upon the Country and the said John Quigley likewise
                 therefore Comand is given to the Sheriff of St Maries County that
                 he cause to come here twelve &c. Now here at this day to wit the
                 fiftenth day of ffebruary in the 43th yeare of his Lopps Dominion &c
                 came the said John Quigley and the said John Baker by their At
                 tornyes and the jurors of that jury likewise came to wit John Bailey
                 Wm Thomas Morgan Jones Henry Ri[der] John Hunt Thomas
                 Doxey John Doxey Joseph Edloe Richard Ackworth Raymond
                 Staplefort Daniel Clocker Senr, & Thomas &erard who being im
                 panelled Sumoned and Sworne to Say the truth of the premisses and
                 the above said declaracăn plea and accompt being read in Open Court
                 and the said accompt being fully proved It is considered by the
                 Court that the said John Quigley recover against the said John
                 Baker the said summe of two and twenty thousand two hundred
                 forty eight pounds of tobacco as also the summe of One thousand
                 fifty Six pounds of tobacco for his costs & charges in this behalfe
                 laid Out & expended & the said John Baker in mercy.