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Proceedings of the Provincial Court, 1678-1679
Volume 68, Preface 21   View pdf image (33K)
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Introduction. xxi

he would pay the Captain as "much as the same should be reasonably worth...."
Captain Longden thought that the two trips for the two men were reasonably
worth £18. The fare for the master was set at twice as much as that of the man.
But Clarke refused and failed to pay the fi8, and Longden sued for £40.
When, after several continuances the case came to trial, Defendant Clarke
pleaded non-assumpsit and put himself upon the country. The jury summoned
by the St. Mary's County sheriff said, on their oaths, that Clarke did assume
and promise as Longden had declared. The defendant moved in arrest of judg-
ment on the failure of the plaintiff to take out a venire facias, but the Court
judged that the reason was not sufficient in law to arrest the judgment and
awarded Longden not only the £18 damages but also 1364 pounds of tobacco
for costs (post, 157-158).

One day in late April 1678, John Quigley, being on board the ship George of
London, asked the master, Robert Ellys, on his way up the Patuxent, to buy him
"one Pype of good St Georges or ffyal wine att the store of Charles Gosfright
Mrchant in Petuxent River in Calvert County to which place the said Ribert
was then intended......." Ellys agreed to turn the wine over to John Anderson,
with directions to deliver it to Quigley, wherever he might be. For buying and
shipping the wine Quigley promised to pay Ellys as much as he deserved. Ellys
did as he had agreed to do, and demanded of Quigley 2500 pounds of tobacco.
This price for buying a hundred and twenty-six gallons of wine and for deliver-
ing it at an unspecified place comes to twenty pounds of tobacco per gallon.
When Quigley refused to pay, Ellys sued in the Provincial Court. Quigley
claimed in court that he had not promised as Ellys said, and he prayed a jury
trial. When, at the next Provincial Court, the case was set for trial, both
parties appeared by their attorneys, and Quigley confessed judgment. Therefore
the Court considered that Ellys recover the 2500 pounds of tobacco damages,
and also 1246 pounds more for costs (post, 42, 85, 166-167).

JACOB LEISLER

The obstinate, tactless Jacob Leisler comes into the story of the Province at
this time. In 1677 ne had not yet become such a figure as he was, some thirteen
years later: in 1677 he was only a wealthy New York merchant. When the
Council of the Province sent Col. Henry Coursey up to Albany, to join Virginia
and New York in a conference with the Five Nations, and to try to make a
separate treaty with the Susquehannocks, they gave him long and detailed
instructions, but they also left him much discretion. He was told to give
Governor Andros a present of f 100 in recognition of his "Kindnesse Shewne
to this Province," and to "apply yr selfe to Mr Jacob Leslier or any other for
such monyes, Wampom, ffurrs or Truck you shall stand in need off which shall
be paid him by the publick next Levy." (Archives XV, 152). Coursey did
apply himself to Leisler and he got from the New Yorker a letter of credit for
£250. When time came for payment, the Province did not pay at St. Mary's
and did not pay in prime tobacco. Leisler petitioned the Proprietary for redress.
His Lordship was willing to reimburse Leisler for the loss and the damage,
if the Assembly would in turn reimburse him (Archives XV, 262-263). The


 

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Proceedings of the Provincial Court, 1678-1679
Volume 68, Preface 21   View pdf image (33K)
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