440 PRINCE GEORGES COUNTY

Nevertheless the Said James his Promise and assumption soe as aforesaid made
little regarding but mindeing and Fraudulently intending him the Said Gabriell
in this behalfe Crafftily and Subtilly to deceive and defraud the Said Sume of 2020
pounds of Tobacco and 9s 6d Sterling unto the Said Gabriell hath not Paid ail-
though the Said James to doe the Same by the Said Gabriell affterwards the Day
and place afforesaid was offten thereunto requested but the Same to Pay to the
Said Gabriell hath hitherto denyed and Still doth denye to the Damage of the
Said Gabriell of 4000 pounds of Tobacco and thereof he brings his Suite etc.
Pledges etc. John Doe, Richard Roe. Joshua Cecell
James Moor Debtor to Gabriell Burnam Aprill the 1st 1697.
To Tobacco you promised to Pay me on Thomas Ortons bill to mee assigned
you ................................................................. 1840

To more Tobacco you promisd to pay me for Ditto Orton .................. 90

for my attendance three dayes as an Evidence att Calvert County Court be-
tween you and John Attkey ........................................... 90

2020

[s] [d]
To Money lent you ............................................ 4 6

To a Gallon of Rome had att Severall times as by agreement ....... 5 O

9 6

[389] And the Plantive by John Meryton his Attorney comes and defends the
force and Injury when etc. and for Plea Saith that he did not assume and
Promise in manner and forme as the Plantiffe in his Declaration hath Sett forth
and thereupon he putts himselfe upon the Court. Meriton.

Etc. plantiff allso. Joshua Cecell.

The Deffendant in his proper person likewise produceing an account against
the Said Gabriell Burnam to barr the account that hee is now Sued for, twas
thought Convenient by the Court therefore that auditors be assigned to adjust
accounts between Plantiff and Defendant and returne their auditt that Same
day to the Court Att which Said Day (to witt) the 23d day of January 1698
[1699] came as Well the Said Gabriell Burnam by Joshua Cecell as the Said
James Moor by their Attorney's Afforesaid and the auditors appoynted by the
Court (as viz.) Mr. Richard Marsham and Mr. Nicholas Sporne who made
returne of their auditt as Follows: In observance of the ordar of this Court
wee have Stated and adjusted the accompt between Gabriell Burnam and James
Moor and doe finde upon Mature Consideration the Ballance to bee four
Hundred and Seventy pounds of Tobacco Due to the Plantiff as Wittness our
Hands. Richard Marsham. Nicholas Sporne.

Therefore tis Considered that the Said Gabriell Burnam recover against the
Said James Moor the Sume of four Hundred and Seventy lbs. of Tobacco his
Debt afforesaid and his Damages by Occation of deteineing the Said Debt to
three hundred and Eighty pounds of Tobacco to the Said Gabriell Burnam
of his asscent by the Court here adjudged and the Said James Moor in Mercy etc.

Robert Mason Plantiff: William Stimpson Defendant

Robert Mason who brought the writt of our Sovereigne Lord the King against
William Stimpson of a Plea of Tresspass upon the Case etc. And hath not
Prosecuted his Said Writt therefore hee and his Pledges of Prosecuteing bee in
mercy etc. Lett the names of the Pledges be Sought etc. And the Said William
Stimpson goe thereof without day etc. it is Likewise Considered that the Said