190 PRINCE GEORGES COUNTY

Said Thomas Withington as well his Damages in the premises to Eleven hundred
pounds of tobaccoe by the Jurors aforesaid in forme aforesaid Assessed as alsoe
Six hundred Sixty Eight pounds of tobaccoe to the Said James Keech at his
Request for his Costs and Charges in this behalfe Sustained by the Court here
Adjudged etc. And the Said Thomas Withington in mercy etc.

Then did the Court Adjourne for one hower.

Present. Mr. Thomas Hollyday, Mr. William Barton, Mr. John Wighte, Mr.

Robert Tylor, Mr. John Hawkins, Mr. Robert Wade, Mr. Thomas Sprigg,

Commisoners.

John Underwood plantiffe: John Worster Defendant.

Prince Georges County Ss. John Worster late of Prince Georges County
Marchant was Attached to Answer unto John Underwood of a plea of trespass
upon the Case etc.

And whereupon the Said John Underwood by William Stone his Attorney
Complayneth that upon the 26th day of January in the yeare of our Lord 1696
[1697] at Charles Towne within the [172] Jurisdiction of this Court Incon-
sideration that the Said John Underwood at the Spetiall Instance and Request
of the Said John Worster would forbare and procecute no further a Certaine
Action that he the Said John Underwood had brought and at that time de-
pending in Prince Georges County Court against one Steven Ashby for Eight
hundred Sixty four pounds of tobaccoe due from the Said Steven unto the Said
John Underwood by bond and Enter or Cause to be Entred the Said Action
Agreed in the Said Court aforesaid and alsoe that he the Said John Underwood
would pay all the Cost and Charges that he the Said John Underwood had Ex-
pended in procecuteing the Said Action he the Said John Worster (to witt) the
day yeare and place aforesaid did Assume upon himselfe and to the Said John
Underwood then and there faithfully promise that he the Said John Worster
the Sume of three pounds Sterling mony of England unto the Said John Under-
wood when he Should be by the Said John Underwood Afterwards thereunto
Requested would well and truly Content and pay and the Said John Under-
wood in fact Saith that he the Said John Underwood did the day yeare and
place aforesaid forbare any further procecution of the Said Action that he the
Said John Underwood had brought against the Said Steven Ashby for 864 lbs.
of tobaccoe then due by bond as aforesaid and then depending in Prince
Georges County Court as aforesaid and did Cause the Said Action to be Entred
agreed and alsoe is Ready when Requested to pay all the Cost and Charges
that he the Said John Underwood had been at and Expended in procecuteing
the Said Action aforesaid Nevertheless the Said John Worster his promise and
Assumption aforesaid little Regarding but minding and fraudulently intending
him the Said John Underwood of the Said three pounds Sterling mony of
England Craftily and Subtilly to deceive and Defraud he the Said John Worster
the Said three pounds Sterling mony of England or any part thereof According
to his promise and Assumption aforesaid to the Said John Underwood hath not
paid nor any Sattisfaction for the Same made Although the Said John Worster
to doe the Same by the Said John Underwood Afterwards (to witt) the 27th
day of January in the yeare of our Lord 1696 [1697] at Charles Towne aforesaid
and at Severall other dayes and times was often thereunto Requested but the