Provincial Court Proceedings, 1678/9. 103

writeing obligatory Sealed with the Seale of the said John here in
Court produced whose date is the same day & yeare above written,
acknowledge himselfe to owe & stand justly indebted unto the said
John Jones in his life tyme of the said City of S^t Marys gentl the
full & just sume of twelve hundred pounds of good sound M'chant-
able leafe tobacco & cask, to be paid to the said John Jones his Exec^rs
Adm^rs or assignes convenient for shipping in S^t Maryes County in
the said Province att or before the tenth day of Octob^r next ensue-
ing To the which payment well & truely to be made he did binde
himselfe his heyres Exec™ & Adm™ firmly by these p^rsents Notwith-
standing which the said John Quigley the said Sume of twelve hun-
dred pounds of tobacco according to the tenour of his said writeing
obligatory to him the said John Jones in his life tyme hath not paid
nor to the said Kenelm since his death Exec^r of the last Will &
testm^t of him the said John though often thereunto required, but
the same to him to pay hitherto hath & still doth deny to pay to the
damage of the said Kenelm three thousand pounds of tobacco &
thereupon he bringeth his suite And the said Kenelm bringeth here
in Court the Letters testamentory of the said John that itt may
appeare to the Court here that he is Exec^r of the said John of the
testam^t aforesaid & thereupon to haue Admcon
And the said John Quigley by Robert Ridgely his Attorney com-
em & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provinciall Court, & itt is granted unto
him, the same day is giuen to the plaintiffe also.

Liber N N

Att which said next Provinciall Court to witt the Eighth day
of October in the third yeare of the Dominion of Charles Lord Bal-
temore &c Annoq Doni 1678 came the said parties by their Attor-
neys aforesaid And the said John Quigley by his said Attorney
saith, that the said Kenelm ought not to haue his action aforesaid
against him, because he saith, that he the said John Quigley the
day of 167 after the date of the same bill
obligatory in the life tyme of the said testator & att the speciall
instance & request of the said Testator, the said twelve hundred
pounds of tobacco to the Hon^ble W^m Calvert Esq^r Secretary of this
Province for the accompt and proper debt of the said Testator did
pay & satisfy, & this he is ready to averr, whereupon he prayes
Judgem^t if the aforesaid plaintife his action aforesaid against him
ought to haue, whereupon day is further given to both parties untill
next Provinciall Court
Now here att this day to witt the Thirteenth day of March in the
fourth yeare of his said Lordpps Dominion Annoq Doni 1678.
cometh as well the said plaintiffe as the said Defend^t by their Attor-
neys aforesaid, & the said John by his said Attorney relinquisheth
his plea aforesaid, & saith that he cannot gainsay the said action of
the said Kenelm, for that he hath not paid to the said John Jones in

P. 769