176 Provincial Court Proceedings, 1679.

Liber N N

saith, that whereas the said John Quigley upon the Twenty third
day of Novemb^r one thousand six hundred Seventy five by his cer-
taine bill or writeing obligatory Sealed with the Seale of him the
said John & here in Court produced whose day is the day & yeare
above written, did confesse himselfe to owe & stand firmly indebted
unto the said Matthew Warde in the full & just Sume of ffoure hun-
dred pounds of good sound M^rchantable tobacco & caske upon de-
mand Yet notwithstanding the said John the said Sume of ffoure
hundred pounds of tobacco to the said Matthew in his life tyme, or
to the said Mary since his death though often thereunto requested
hath not paid or satisfied, but the same to pay & satisfie hath hitherto
denyed & still doth deny & refuse to the damage of the said Mary
Eight hundred pounds of tobacco & thereupon she bringeth her suite
And the said Mary bringeth here into Court her Letters testamentory

p. 834

by which itt may appeare to the Court here that she is Exec^x And
hath Administration &c
And the said John Quigley by Robert Ridgely his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provintiall Court & itt is granted unto
him, the same day is given to the plaintiffe likewise
Att which said next Provintiall Court came the said parties by
their Attorneys aforesaid And the said John Quigley by his said
Attorney saith, that the aforesaid Mary ought not to have her action
aforesaid against him, because he saith that he the said John Quigley
the day of after the date of the same bill obliga-
tory in the life tyme of the said testator & att the speciall instance &
request of the said testator the said foure hundred pounds of tobacco
to the Hon^bl William Calvert Esq^r Secretary of this Province for
the accompt of the said testator did pay & satisfie And this he is
ready to averr, whereupon he prayes judgem^t if the aforesaid p^lt
her action aforesaid against him ought to have And the said Mary

by her said Attorney saith that she ought not to be barred of her

action aforesaid, for that the said Mary saith that the said John did
not pay the aforesaid ffoure hundred pounds of tobacco in satisfac-
tion of the aforesaid bill And this he [sic] prayes may be inquired of
by the Countrey And the said John Quigley likewise, whereupon day
is given 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 the said Mary Warde by her Attorney aforesaid &
offereth her selfe against the said John Quigley in the plea aforesaid,
but the said John cometh not but maketh default Therefore itt is
considered that the said Mary Ward Ex^x as aforesaid recover against
the said John Quigley as well the Sume of ffoure hundred pounds
of tobacco debt As also five hundred Seventy two pounds of tobacco
costs of suite And the Defend^t in mercy &c