238 Charles County Court Proceedings, 1668—1670.

        Liber D John Andrews plt having had time allowed him by the Court till
              this morning for the getting his declaracon Drawne against Jno
              Muns came & appeared & preferred his declaracon to the Court which
              was read to the Effect as foll:
                John Munne deft came likewise & appeared to defend the Suite
              Comenced against him by the Said John Andrews as aforesaid then
              the plts declaracon was read as foll:
                To the Worshipfull the Comrs of Charles County
                John Andrews Complaineth against John Munne for that whereas,
              the Said John Andrews Covenanted & agreed with the Said John
              Munne to Serve him from the first day of march last past 1668 to the
              last day of october 1669 in Consideracon whereof the Said John
              Munnes was to pay & did assume on himself to pay to the Said John
              Andrews Eleaven hundred pounds of tobaccoe and one Sow with
              piggs, Notwithstanding the Said John Andrews hath Served the Said
              John Munnes according to agreement, yett the Said John munne hath
              not payd the Said Andrewes according to his promise & Assumption
              in that behalfe made but doth altogether refuse to pay the Same to
              the great damage of him the Said Andrewes whereupon he Saith he
              is damnified & hath loss to the vallew of 1500 lb of Tobaccoe &
              thereupon he Bringeth his Complaint.

        [p. 123] To which the defendt replyed that he had severall times offered
              the plt to pay him what tobaccoe was due to him for the proofe
              whereof he desired the Court would Admit of his Evidence where-
              upon his Evidences being by the Sheriff before Supa were called &
              Sworne as foll.
                Mathew Sands Sworne & Examined in open Court Saith that the
              Deft: offered the plt: tobaccoe att william Nevills which he would
              not accept, & further Saith not
                Peter Dawson Sworne & Examined in open Court Saith that he
              being pnt att the Defendts house the plt Came & asked the tobaccoe
              due to him of the defendant & the Deft answered he was ready to
              waite on him & further Saith not
                William nevill Sworne & Examined in open Court Saith that the
              Deft had at that time tobaccoe at his house one hhd which he after-
              ward layd out at the Store & further Saith not.
                But the Court not Judging these Evidences of validity to prove
              that the tobaccoe was payd gave judgement against the deft for the
              Said Sume of Eleaven hundred pounds of tobaccoe & a sow with
              piggs according to what was covenanted between them together
              with Costs of Suite whereupon the plt preferred this Ensueing bill
              of Costs which was by the Court allowed of.
            To three days attendance for himselfe . 90
                                           150 lb Tobaccoe.
                 To Atturneys Fees       60