JANUARY, 1696/7 COURT 145

And the Said William Powell by William Bladen his Attorney Cometh and
defendeth the force and Injury when etc. And Craveth Lycence thereof to Im-
parle here untill the next Court and it is granted unto him the Same day is
given to the plantiffe Lickewise.

Att which Said next Court (to witt) the 26th day of January Annoque Domini
1696 [1697] Came the Said parties by their Attorneys aforesaid and the Said
Richard Brockden prayeth that the Said William Powell to his decleration
aforesaid may Answer etc. And now here at this day Came the Said William
Powell by William Bladen his Attorney and further defendeth the force and
And Injury when etc. And Saith that the Said William Powell did not Assume
in manner and forme as the plantiffe in his decleration against him hath Com-
plained and of this he putts himselfe upon the Court:

William Bladen. And the plantiffe alsoe Cleborn Lomax.

Whereupon the wittneses on Each part Respectively being produced Sworne
heard and Examined and the truth of the matter in Controversie between the
partyes aforesaid by the Court here being fully heard understood and Maturely
Deliberated etc. It is thereupon Considered [130] That the Said Richard
Brockden take nothing by his Said writt but be in mercy for his false Clamor
And that the Said William Powell goe thereof without day etc. Itt is Likewise
Considered that the Said William Powell Recover against the Said Richard
Brockden his damages by occation of the premises to four hundred twenty three
lbs. of tobaccoe to the Said William Powell by the Discretion of the Justices
here at his Request for his Costs and Charges in this behalfe Sustained Accord-
ing to the forme of the Stattute etc. by the Court here Adjudged etc.

Richard Kilburne plantiffe: Allexander Herbert Defendant.

Prince Georges County Ss. Allexander Harbert Late of Prince Georges
County planter was Atteched to Answer unto Richard Killburne in a plea of
trespass upon the Case.

And Whereupon the Said Richard in his proper person Complayneth that
whereas the Said Richard Keeping a publick Ordinary in the towne of Ann
Arrundle upon the 4 day of June 1692 And at Severall other dayes and times
untill the 12th day of March following Att the Spetiall Instance and Request
of him the Said Allexander would bargaine Sell and deliver unto him the Said
Allexander Severall Accomedations as beer Syder Wine etc. and give Creditt to
one Thomas Axon for the Sume of 60 lbs. of tobaccoe and would Likewise
procecute Ann Action for him the Said Allexander against one John Hurst in
the County Court of Ann Arrundell County the Said Allexander did Assume
upon himselfe and to the Said Richard did faithfully promise that he the Said
Allexander when thereunto Required well and truly would Sattisfie and pay and
the Said Richard in fact Saith that trusting to the faithfull promise and As-
sumption of him the Said Allexander did bargaine Sell and deliver to him the
Said Allexander Severall Accomedations as aforesaid and did give Creditt at his
Request to one Thomas Axon for 60 lbs. of tobaccoe and did likewise procecute
an Action in the County Court of Ann Arundell County against one John
Hurst and procecuted the Same So farr as he Required which in all amounts to
the Sume of 510 lbs. of tobaccoe as by an Account hereunto Annexed more at
large it doth Appeare Nevertheless the Said Allexander his promise and As-
sumption So as aforesaid made not Regarding but deviseing and fraudulently
Intending him the Said Richard in that behalfe Craftily and Subtilly to deceive