148 PRINCE GEORGES COUNTY

as by a pertickeler Account thereof here in Court produced Relation being
thereunto had may more at lage Appeare and the Said William to the Said
Edward and Dudley in manner aforesaid being Indebted Inconsideration thereof
the Said William did Assume upon himselfe and to the Said Edward and Dudley
then and there faithfully promise that he the Said William them the Said Edward
and Dudley the Said Sume of 429 lbs. of tobaccoe when he Should be thereunto
Requested would well and truly Content and pay Nevertheless the Said William
his promise and Assumption Soe as aforesaid made not att all Regrarding but
minding and Fraudulently Intending them the Said Edward and Dudley in this
behalfe Craftily and Subtilly to Deceive and defraud the Said Sume of 429 lbs. of
tobaccoe aforesaid or any part thereof to the Said Edward and Dudley hath not
paid Although the Said William to doe the Same by the Said Edward and Dudley
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 Edward
and Dudley of 1000 lbs. of tobaccoe and thereupon they bring their Suite etc.

Cleborn Lomax: Pledges etc. John Doe, Richard Roe.

William Barton Debtor to Messrs. Carletons Aprill the 10th 1694.

lbs. tobaccoe
To the ballance of Accounts then made up ............................... 429

Mr. Robert Bradley in open Court made oath that the above Account was Just
and true and that he never Received any part or parcell thereof.

And the Said William Barton by William Stone his Attorney Cometh and
Defendeth the force and Injury when etc. And Craveth Lycence thereof to
Imparle here untill the next Court and it is granted unto him the Same day is
given to the plantiffe Likewise.

Att which Said next Court (to witt) the 26th day of January Annoque Domini
1696 [1697] Came the aforesaid partyes by their Attorneys aforesaid the Said
Edward and Dudley Carleton prayeth that the Said William Barton to their
Decleration aforesaid may Answer etc.

And now here at this Day Came the Said William Barton by William Stone
his Attorney and Defendeth the force and Injury when etc. and Saith that he is
not informed by the Said William Barton his Clyant of any Answer for him in
the plea aforesaid to be given and nothing more thereof Saith by which the Said
Edward and Dudley Carleton Remaineth against the Said William Barton thereof
undefended etc.

[133] Therefore it is Considered that the Said Edward and Dudley Carleton
Recover against the Said William Barton as well the Sume of four hundred
twenty nine pounds of tobaccoe their debt for Damages as aforesaid as alsoe the
Sume of three hundred forty pounds of tobaccoe to the Said Edward and Dudley
Carleton at their Request for their Cost and Charges in this behalfe Sustained
and by the Court here Adjudged etc. And the Said William Barton in mercy etc.

William Harbert plantiffe: Charles Tracey Defendant.

Prince Georges County Ss: Charles Tracey late of Prince Georges County
Inholder was Atteched to Answer unto William Herbert of a plea of trespass
upon the Case etc.

And whereupon the Said William by William Stone his Attorney Complayneth
that whereas the Said Charles the 26th Day of Aprill in the yeare of our Lord
1694 at Charles Towne within the Jurisdiction of the Court for a vallewable
Consideration before that time by the Said William paid and Delivered to the