16 Provincial Court Proceedings,1679.

Liber W. C.

hundred twenty eight pounds of tobacco Therefore itt is considered
that the said Michael Taney recover against the said Richard
Marsham & George Lingham Exec^rs as aforesaid as well the Sume
of tenn thousand two hundred twenty Eight pounds of tobacco
damages by the jurors aforesaid in forme aforesaid assessed As also
Nine hundred Seventy two pounds of tobacco costs of Suite And
the Defend^ts in mercy &c

John Quigley
ag^t
Richd Sweatnam

Richard Sweatnam late of S^t Maryes County
otherwise called Richard Sweatnam of the City
of S^t Maryes in the Province of Maryland Car-
penter was Sumoned to answer unto Cap^t John

Quigley of the City of S^t Maryes, M^rchant of a plea that he render
unto him the just & neate quantity of five thousand pounds of good
sound M^rchantable tobacco & cask which to him he oweth & unjustly
detaineth

p. 16

And whereupon the said Cap^t John Quigley by Robert Ridgely
his Attorney saith, that whereas the said Richard Sweatnam upon
the Seventeenth day of ffebruary in the yeare of our Lord One
thousand six hundred Seventy six, by his certaine bill or writing
obligatory sealed with the Seale of him the said Richard & here in
Court produced whose date is the day & yeare aforesaid did acknowl-
edge himself to be owing & stand justly indebted unto Cap^t John
Quigley of the City of S^t Maryes Merchant in the just & neat quan-
tity of five thousand pounds of good sound & M^rchantable tobacco &
caske to be paid to the abovesaid John Quigley his heyres Ex^rs Adm^rs
or assignes att some convenient place in S^t Maryes County att or upon
the tenth day of Octob^r next ensuing the date thereof, the abovesaid
Richard Sweatnam did thereby binde himself his heyres Exec^rs
Adm^rs & assignes firmly by those p^rsente, Notwithstanding which the
said Richard Sweatnam the said Sume of five thousand pounds of
tobacco unto the said John Quigley according to the tenour forme &
effect of the same bill hath not paid nor satisfied though often there-
unto required, but the same to pay hath denyed & still doth deny to
the damage of the said John six thousand pounds of tobacco, and
thereupon he brings his suite
And the said Richard Sweatnam by Kenelm Cheseldyn his At-
torney cometh & 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 likewise
At which said next Provinciall Court came the said parties by their
Attorneys aforesaid And the said Richard by his said Attorney saith,
that he the said Richard hath paid the said Sume of ffive thousand
pounds of tobacco according to the tenour of the said writeing
obligatory And this he is ready to averr, & prayeth judgem^t whither
the said John his action aforesaid ought to have And the said John