Provincial Court Proceedings, 1675.     545

      of tobacco to him the Said John according to the Said bond though Liber M M
      often required hath not paid or Satisfied but the same to pay hath
      hitherto denyed and Still doth deny to pay the Same to the damage
      of the Said John One hundred and twenty thousand pounds of
      tobacco And thereupon he bringeth his Suite.
        And the Said Garrett Vansweringen by Kenelm Cheseldyn his At
      torny cometh and defendeth the force and injury when &c and prayeth
      heareing of the writeing aforesaid and it is read unto him he pray
      eth also the heareing of the Condition of the Said writeing and it is
      read unto him in these words The Condition of this Obligation is
      Such That if the abovebound Garrett Vansweringen his heirs ex
      ecutors or administrators shall for his or their parts well and truly
      pay or cause to be paid unto the abovenamed John Quigley his heirs
      executors administratrs or law full Attorny the just & full quantity
      of fifty Seaven thousand foure hundred Seventy five pounds of
      good Sound merchantable leafe tobacco and caske at or before the
      tenth day of October next ensueing the date hereof in Some con
      venient place or places in St Maries County Charles County Calvert
      County Kent and Talbott County that then this Obligation to be
      void & of none effect otherwise to stand in full force power & Virtue p. 528
      in the Law Which being read and heard the Said Garrett prayeth
      liberty of Speakeing hereunto untill the next Provinciall Court the
      Same day is given to both parties here.
        Att which Said next Provinciall Court to wit the Sixth day of
      May in the 43th yeare of the Dominion of Caecilius &c Came the
      Said John Quigley and the Said Garrett by his Attorny aforesaid
      came likewise and the Said Garrett demandeth judgment of the
      writt aforesaid because he Saith that the Originall writt of the Said
      John Quigley is a writ of priviledge as an Attorny of this Court,
      and that the Said debt was not due to the said John upon the accompt
      of Attornyes ifees for which only a writ of privilege lyeth and this
      he is ready to averre and thereupon demands judgment of the writ
      aforesaid &c. whereupon the judgment of the Court here is that there
      is no cause of abatement of the writ aforesaid of him the Said John
      Quigley therefore it is considered by the Court here (Nemine Contra
      dicente) that the Said John Quigley recover against the Said Gar
      rett Vansweringen aswell the Summe of One hundred and fourteen
      thousand nine hundred & fifty pounds of tobacco the penalty of the
      writeing Obligatory aforesaid as also the sume of
      pounds of tobacco for his costs and charges in this behalfe laid Out
      and expended and the said Garret in mercy &c

      Garret Vansweringen Memorandum that this present Court to wit
          agt the ninth day of ffebruary in the 43th yeare of
      John Quigleythe Dominion of Caecilius &c Annoq Dom
      1674 came here into Court Garret Vanswer