308 Charles County Court Proceedings, 1671—1674.

         Liber E    Smaiwood against Martha Lewgar Administratrix of the Goods &
               Chattells of John Lewgar deed:

                Richard Dod Came & appeared to prosecute his Suite Comenced
               against James Hayes in a plea of trespasse upon the Case.
                James Hayes likewise likewise came & appeared to defend the Suite
               Comenced against him by Richard Dod as aforesaid
                whereupon the Said Richard preferred this declaration as foll
                whereupon the Said Richard Comp!aineth against the Said James
               for that whereas Sometime in march last past the Said James Hayes
               did assume & Faith fully promise unto the Said Richard Dod that in
               Case the Said Richard would forbeare the Said James Six hundred
               pounds of tobaccoe and Charges which the Said Richard then
               obteyned order of Court for in the Court held for this County in
               march last untill the next Crop of Tobaccoe Should be made that
               then he would pay unto the Said Richard the Sume of the Said
               600 lb tobaccoe with all the Charges accrued by the Said order not-
               withstanding which sd forbearance by the Said Richard the Said
               James his Said promise & assumption litt!e minding or regarding but
               fraudulently intending him the Said Richard of the Said Sume of
               600th tobaccoe to deceive & Charges the Said Sume hath not as yet
               payd & doth altogether refuse to pay the same to the damage of
               him the Said Richard 1500 lb tobaccoe & thereupon he bringeth his
               Suite &c
                And to prove this his declaracon he produced these Ensueing
               Evidences
                Thomas Baker aged forty eight yeares or thereabouts Sworne &
               Examined in open Court Saith
                That sometime In march last James Hay & Meverell Hulse coming
               to the house of this deponent the Said Hayes Told him the sd De-
               ponent that he came then from Richard Dod and that he had made a
               finall agreement with the Said Dod & was to pay him the quantity of
               600th tobaccoe with Court charges this psent Crop & farther Saith not.
                Meverell Hulse aged about 40 yeares or thereabouts Sworne &
               Examined in open Court Saith that he this deponent heard James
               Hayes promise & assume on himselfe to Satisfye a Judgement of
               Court obtained by Richard Dod against him the Sd James for 600th
               of Tobaccoe & Charges in Consideracon that the said Richard would
               forbeare him till the present Crop & further Saith not.
                Whereupon the Defendant craved a Reference till the next Court
               which was granted.

                Bennet Marshiguay by his Atturney Richard Edelen came & ap-
               peared to prosecute his Suit Comenced against wm Thomas for the
               Sume of foure hundred and fifty pounds of Tobaccoe.
                Wm Thomas likewise came & appeared to answer to the Said
               Suite and the plt preferred his declaracon to the intent as foll.