Provincial Court Proceedings, 1679. 213

tobacco And being so indebted the said Edward the Sume of
twenty foure thousand Eight hundred Eighty two pounds of tobacco
And being so indebted the said John Quigley did assume upon him-
selfe & to the said Edward faithfully promise that he the said John
the said Sume of twenty foure thousand Eight hundred Eighty two
pounds of tobacco to him the said Edward when thereunto required
would well & truly content & pay Notwithstanding which the said
Edward his promise & assumption so as aforesaid made not re-
guarding, but deviseing & craftily intending him the said Edward
of the said Sume of twenty foure thousand Eight hundred Eighty
two pounds of tobacco to deceive & defraud, the said Sume of
twenty foure thousand Eight hundred Eighty two pounds of tobacco
to him the said Edward hath not paid though often thereunto re-
quired but the same to pay hath denyed & as yet doth deny where-
upon he saith he hath losse & is damnified to the Value of fforty
thousand pounds of tobacco, & thereupon he brings his suite
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 Provinciall Court, & itt is granted unto
him, the same day is given to the plaintiffe also.
Att which said next Provinciall Court to witt the thirteenth day
of March in the fourth yeare of the Dominion of Charles Lord Bal-
temore &c Annoq Doni 1678 came as well the said Edward Mann
as the said John Quigley by their Attorneys aforesaid And the said
John by his said Attorney saith that he did not assume & promise
in manner & forme as the said Edward above against him hath
declared And of this he putts himselfe upon the Countrey And the
p^lt also. Therefore itt was Comanded the Sheriffe of S^t Maryes
County that he cause to come here twelve &c by whom &c and who
neither &c to Recognize &c, because as well &c On which said thir-
teenth day of March in the yeare aforesaid came as well the said
l^tt as the said Defend^t by their Attorneys aforesaid And the jurors
impannelled being called likewise came to witt Gilbert Turberfield,
Leonard Green, Stephen Murty, W^m Thomas, W^m Watson, Thomas
Jones, John Glover, Robert Bryan, George Godfrey, Theophil Tur-

ford, Edward Turner & David Driver who being Elected tryed &

sworne to say the truth in the p^rmisses upon their Oaths doe say
that the said John Quigley did assume and promise in manner &

Liber N N

forme as the said Edward above ag^st Him hath declared And they
assesse the damage of the said Edward to fiue thousand one hun-
dred thirty & five pounds of tobacco whereupon the said John
Quigley by his Attorney aforesaid moved the Court in Arrest of
judgm^t upon the Verdict aforesaid And day was thereupon giuen
unto the said John Quigley to putt in his reasons for Arresting the
same untill next Provintiall Court, the same day is giuen to the
p^lt also

p. 868