36        Provincial Court Proceedings, 1675.

            Liber N N And the said John by Kenelm Cheseldyn his Attorny cometh and
                   defendeth the force and injury when &c and prayeth liberty to imparle
                   here untill the next Provinciall Court the same day is given to both
                   parties.
                    Now here at this day to wit the six and twentith day of Novem-
                   ber in the 44th yeare of the Dominion of Caecilius &c Annoq Dom
                   One thousand six hundred seventy five Came the said Philemon by
                   his Attorny aforesaid and offered himselfe against the said John
                   in the plea aforesaid but the said John came not but made default
                   Therefore it is considered by the Court here that the said Philemon
                   Loyd recover against the said John Quigley aswell the summe of
                   eight thousand pounds of tobacco the debt aforesaid as also the
                   Summe of six hundred thirty five pounds of tobacco costs of suite.

                   John England & ffrancis Wyne late of Charles County Execu-
                   Thomas Jones tor of the last will and testament of William
                      agt         Marshall deceased was attached to answer
                   ffrancis Wyne executr unto John England and Thomas Jones of
                 Wm Marshall      Bristoll merchants in a plea of trespas upon
                                  the case.
                    And whereupon the Said John and Thomas by Kenelm Cheseldyn
                   their Attorny Complaine that whereas the Said William Marshall
                   in his life time to wit the last day of May in the yeare One thousand
                   Six hundred Seventy two Stood indebted to them the said John and
                   Thomas the Summe of three hundred twenty two pounds of tobacco
                   In consideration whereof the Said Wm did assume upon himselfe
                   and to the Said John and Thomas did faithfully promise to pay unto
                   them their lawfull Attorny their heirs executors administrators or
                   assignes or any or either of them the Summe of three hundred twenty
                   two pounds of tobacco in caske from of his owne Plantation at or
                   upon the tenth day of October next ensueing notwithstanding which
                   the said Wm Marshall in his life time nor the Said ffrancis Wyne
                   Since his death executr of the last will and testament of the Said
                   Wm though often thereunto required the Said sume of three hundred
                   twenty two pounds of tobacco to them the Said John and Thomas
                   hath not paid but the same to pay hitherto hath and Still doth alto-
                   gether deny to the damage of the Said John and Thomas the Summe
                   of twelve hundred pounds of tobacco & thereupon they bring their
                   Suite.
                    And the said ffrancis by Benja Rozer his Attorny cometh and
                   defendeth the force and injury when &c and prayeth liberty of
                   Speakeing hereunto untill the next Provinciall Court the same day
                   is given to both parties. Now here at this day to wit the Six and
                   twentith day of November in the 44th yeare of the Dominion of
                   Caecilius &c Came the said John & Thomas by their Attorny afore-
                   said and the Said ffrancis by his Attorny came likewise and the Said