116 PRINCE GEORGES COUNTY

Cannot gainsay but that he oweth the Said plantiffe the Said Sume of nine hun-
dred forty five pounds of tobaccoe in manner and forme as the plantiffe hath
declared against him and prayeth Judgment may be Entred for the Same.

Therefore it is ordered that the Said Michaell Taney Recover against the Said
Paul Rawlings as well the Said Sume of nine hundred forty five pounds of
tobaccoe the Debt due by bill as aforesaid as alsoe the Sume of two hundred
Seaventy five pounds of tobaccoe to the Said Michaell Taney of his Assent for his
Cost and Charges in this behalfe Expended etc. by the Court here Adjudged etc.
And the Said Paul Rawlings in mercy etc.

Charles Tracey plantiffe: John Clarkson Defendant.

Prince Georges County Ss. John Clackson Late of Prince Georges County
Bricklayer was Atteched to Answer unto Charles Tracey of a plea of trespass upon
the Case etc.

And whereupon the Said Charles by William Stone his Attorney Complayneth
that whereas the Said John the first day of May in the yeare of our Lord 1695
Att Calvert County that is to Say at Charles Towne within the Jurisdiction of this
Court was indebted unto the Said Charles in the Sume of three hundred lbs. of
tobaccoe being for Severall Licquors ordinary Accomedations by the Said Charles
before and at that time Sold and Delivered him the Said John as by a pertickeler
Account thereof hereunto Annexed may more at large Appeare and the Said
John to the Said Charles in manner aforesaid being Indebted Inconsideration
thereof did Assume upon himselfe and to the Said Charles then and there faith-
fully promise that he the Said John him the Said Charles the Said Sume of 300
lbs. of tobaccoe when he the Said John by the Said Charles Should be thereunto
Requested would well and truly Content and pay Nevertheless the Said John his
promise and Assumption Soe as aforesaid made not at all Regarding but minding
and fraudulently intending him the Said Charles in this behalfe Craftily and
Subtilly to deceive and defraud the Said Sume of 300 lbs. of tobaccoe to the Said
Charles hath not paid Although the Said John to doe the Same by the Said
Charles Afterwards the day and place aforesaid was often thereunto Requested
but the Same to pay hath denyed and Still doth denye to the damage of the Said
Charles of 600 lbs. of tobaccoe and thereupon he brings his Suite etc.

Pledges etc. John Doe, Richard Roe. William Stone.

John Clackson Debtor to Charles Tracey March the 25th 1695.

lbs. tobaccoe
To 2 gallon of Syder and Sugger 80, the 27th to 2 gallon of Ditto 80 ........ 160

May the 1th 1695 to three gallons 1/2 of Strong beere and Sugger .......... 140

300

[105] And the Said plantiffe haveing Issued out a writt against the Defendant
and alsoe did Cause a Coppy of the decleration to be Sent with the writt which
Said writt by the Sheriffe was Returned that he had taken the Said Defendant
and alsoe Left a Coppy of the decleration with him Eight dayes before this Court
Whereupon the Said plantiffe by his Attorney aforesaid prayeth that the Said
Defendant to his decleration aforesaid this Court may Answer According to Act
of Assembly in Such Cases made and provided etc.

And Whereupon Came the Said John Clackson by Cleborn Lomax his Attorney
and defendeth the force and Injury when etc. And Saith that he is not Informed
by the Said John Clackson his Clyant of any Answer for the Said John Clackson
in the plea aforesaid to be given and nothing more thereof Saith by which the