Provincial Court Proceedings, 1678. 7

the said Henry Johnson His damages susteyned by occasion of the
trespas aforesaid, but because itt is not known to the Court here
what damages the said James hath sustained by occasion of the
p^rmisses Itt is ordered by the Court here that a Writt of Enquiry of
damages issue returnable att the next Provinciall Court

Liber N N
p. 681

Peter Sayer & John
Brooke
ag^t
John Quigley

John Quigley late of S^t Maryes County other-
wise called John Quigley of S^t Maryes County
in the Province of Maryland M^rchant was Sum-
oned to Answer unto Peter Sayer of Talbot

County gentl & John Brooke of Dorchister
County Chirurgion of a plea that he render unto them the sume &
just quantity of Twenty six thousand six hundred Eighty & Eight
pounds of good sound every way well condiconed M^rchantable to-
bacco & caske w^ch to them he oweth & unjustly doth detaine
And whereupon the said Peter & John by Charles Boteler their
Attorney say, that whereas the said John Quigley upon the One &
twentieth day of April Annoq Domini One thousand six hundred
Seventy seven by his certaine writeing obligatory Sealed with the
Seale of him the said John and here in Court produced whose date
is the day & yeare abovesaid was held & firmly bound to Peter Sayer
of Talbot County gentt & John Brooke of Dorchister County Chirur-
gion in the sume & just quantity of twenty six thousand six hundred
Eighty & Eight pounds of good sound every way well condiconed
tobacco & caske to be paid to them the said Peter Sayer & John
Brooke or to either of them their or to either of their certaine At-
torney Exec^rs Admist^rs or assignes To which payment well & truely
to be made & done the said John Quigley did binde himselfe his
heyres Exec^rs & Adm^rs firmly by the same writeing Notwithstanding
which the said John Quigley though often thereunto required the
said Sume of twenty six thousand six hundred Eighty & eight
pounds of tobacco according to the tenour forme & effect of his said
writeing hath not paid, but the same hitherto to them to pay hath
denyed & still doth deny, whereupon the said John & Peter say they
are damnified & have losse to the Value of Thirty thousand pounds
of tobacco & thereupon they bring their suite.
And the said John Quigley by Robert Ridgely his Attorney comes
& defends the force & injury when &c and prayeth hearing of the
said writeing & itt is read unto him he also prayeth hearing of the
Condicon of the said writing & itt is read unto him in these words
The Condicon of this Obligacon is such, That if the above bounden
John Quigley his heyres Ex^rs Adm^rs or assignes or any of them shall
& doe well & truely pay or cause to be paid unto James Stavely of
Cecil County M^rchant the full & just quantity of Six thousand Nine

hundred twenty two pounds of good sound & every way Well con-
diconed M^r chantable tobacco in cask upon the twentieth day of
October next ensueing the day of the date hereof in some convenient

p. 682