Provincial Court Proceedings, 1676. 229

         said worke & diligently to enquire what damages the said Thomas Liber N N
         Paine hath susteined by Occasion of the premisses
          On the backside of the same writ the same Sheriff maketh returne
         in these words
          The return of this writt appeares by a schedule thereunto annexed.
         Afterwards to witt the thirtenth day of April in the yeare afore-
         said came the jurors to witt William Rosewell Thomas Hinton p. 146
         Wm Dare Emanuel Ratcliffe Constant Daniell Wm Carpenter John
         Ditchfeild James Clift Vincent Mansfeild Henry Elliott John Linch
         and Robert Motley who being impannelled SumOned and Sworne
         upon their Oathes to say the truth in the premisses doe say Wee
         jury find for the plaintiff foure thousand two hundred pounds of
         tobacco. Whereupon it is granted by the Court here that the said
         Thomas Paine recover against the said John Quigley aswell the
         summe of foure thousand two hundred pounds of tobacco damages
         occasioned by the trespas aforesaid as also the summe of One thou-
         sand nine hundred twenty One pounds of tobacco cost of Suite.

         John Roberts Memorandum that the 23th day of November in the
         agt 43th yeare of the Dominion of Caecilius at a Pro-
         John Quigley vinciall Court held at the Citty of st Maries Came
                  here into Court John Roberts by Charles Boteler his
         Attorny and exhibiteth here into Court his certaine bill against
         John Quigley One of the Attornyes of this Court here present in
         Court of a plea of trespas upon the case.
          And whereupon the said John Roberts by Charles Boteler his At-
         torny complaineth that whereas the aforesaid John Quigley upon
         the fourth day of July Annoq Dom 1675 at the Citty of st Maries
         aforesaid in consideration that he the said John Roberts being a
         Bricklayer at the Special instance and request of him the said John
         Quigley would worke upon a certaine Brickhouse called the State-
         house which he the Said John Quigley had then undertaken to erect
         and build the said John Quigley did then and there assume upon
         himselfe and to the Said John Roberts did faithfully promise that
         he the said John Quigley when thereunto required would well and
         truly content & pay unto the said John Roberts such a quantity of
         tobacco as he the said John Roberts should reasonably deserve to
         have for his paines and labour therein. And the said John Roberts
         in fact saith that trusting to the faithfull promise and assumption
         of him the said John Quigley in that behalf made as aforesaid did
         worke as a Bricklayer upon the said Statehouse from the Said fourth
         day of July 1675 untill the last day of September then next following
         for which he doth reasonably deserve to have the Summe of six
         thousand pounds of tobacco and caske Yet the said John Quigley
         his said promise & assumption not regarding but deviseing & fraudu-
         lently intending him the said John Roberts in that behalf e craftily