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Provincial Court Proceedings, 1679. 167
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Att which said next Provintiall Court came as well the said plain-
tiffe as the said Defendt by their Attorneys aforesaid And the said
John Quigley by the said Attorney saith that he did not assume &
promise in manner & forme as the said Robert Ellys above against
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Liber N N
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him hath complained And of this he putts himselfe upon the Coun-
trey, whereupon day is giuen to both parties untill next Provintiall
Court
Now here att this day to witt the sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
1679 cometh as well the said Robert Ellys as the said John Quigley
by their Attorneys aforesaid And the said John by his said Attorney
saith that he is content that judgmt passe against him for the afore-
said Sume of two thousand fiue hundred pounds of tobacco There-
fore itt is considered by the Court here, that the said Robert Ellys
recover against the said John Quigley the aforesaid sume of two
thousand five hundred pounds of tobacco damage As also twelve
hundred forty Six-pounds of tobacco costs of suite And the Defendt
in mercy &c
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p. 826
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Edward Pynn
agt
Jonathan Sibrey
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Jonathan Sibrey late of Cecil County gentl was
Attached to Answer unto Edward Pynn of a plea
of trespasse upon the case
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And whereupon the said Edward by Christo-
pher Rousby his Attorney complaineth, that whereas the said Jona-
than the Sixteenth day of July One thousand six hundred seventy
six, in consideracon that he the said Edward att the speciall instance
& request of him the said Jonathan, (being then Sheriffe of Cecil
County aforesaid) would execute the place or office of Under Sher-
iffe of the said County under him the said Jonathan for the space
or terme of Eighteen Months then next following, did assume upon
himselfe & to the said Edward did faithfully promise that he the
said Jonathan would well & truely pay unto the said Edward such a
quantity & so much good tobacco & cask as the said Edward should
therefore reasonably deserve And the said Edward in fact saith,
that he trusting to the promise and assumpcon aforesaid of him the
said Jonathan did Execute the said place or office of Under Sheriffe
of the said County under the said Jonathan for the said space or
terme of Eighteen months then next following And dureing that
tyme did execute severall writts & returne the same att St Maryes
And did receive severall quantities of publick & other tobacco on the
behalfe of the said Jonathan, a particuler accompt of which said
writts so Executed by the said Edward And also of the said severall
quantities of tobacco received as aforesaid by the said Edward is
here in Court produced, for which said service the said Edward did
reasonably deserve the Sume of nine thousand pounds of tobacco
Yet the said Jonathan his promise & assumpcon aforesaid in that
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