228 PRINCE GEORGES COUNTY

Charles Towne within the Jurisdiction o£ this Court being Indebted unto the
Said Teague in the Sume of Eight hundred and forty pounds of tobaccoe did
then and there Assume upon himselfe and to the Said Teague faithfully
promise that he the Said Francis the aforesaid Sume of 840 lbs. of tobaccoe unto
the Said Teague when he Should be thereunto Requested would well and truly
Content and pay Nevertheless the Said Francis his promise and Assumption Soe
as aforesaid made little Regarding but Fraudulently Intending him the Said
Teague in this behalfe Craftily and Subtilly to deceive and defraud the aforesaid
Sume of 840 pounds of tobaccoe unto the Said Teague [207] Although often
thereunto Requested to witt the day and yeare and place aforesaid and at divers
other times and places hath not paid but Still doth denye and Refuse to pay
the Same to the damage of the Said Teague 1000 lbs. of tobaccoe whereupon
he brings this Suite etc.

Pledges etc. John Doe, Richard Roe. Bladen pro Querens.

And the Said Francis Warner by William Stone his Attorney Cometh and
defendeth the force and Injury when etc. And prayeth Leave thereof to Imparle
here untill the next Court and it is granted unto him the Same day is given to
the plantiffe Alsoe etc.

And now here at this day (to witt) the 24th day of August in the yeare of our
Lord 1697 Came here as well the Said Teague Tracey as the Said Francis Warner
by their Attorneys aforesaid and the Said Teague Tracey prayeth that the Said
Francis Warner to his Decleration aforesaid may Answer etc. And the Said Francis
Warner by William Stone his Attorney Cometh and defendeth the fource and
Injury when etc. And Saith that the Decleration and the matter therein Con-
tained is not Suffitient in Law to maintaine the plantiffs Action against the
Defendant neither is he bound by the Laws of this Land to make Answer unto
the Same and thereupon doth demurr in Law to the Same and for Cause of
Demurrer According to the forme of the Stattute in that Case made and provided
he Saith.

First-That all Declerations ought to Containe Certainty and verity and to
Set forth upon what Consideration the Debt mentioned therein became due and
the nature of the Debt which this Decleration doth not for that the plantiffe
Saith that the defendant the first day of September 1696 at Charles Towne within
the Jurisdiction of this Court being Indebted unto the Said plantiffe in the Sume
of 800 lbs. of tobaccoe did then and there Assume upon himselfe which is but a
naked promise and Sett forth without any Consideration which is voyd in Law
of it Selfe and Cannot maintaine the plantiffs Action against this Defendant and
this he is Ready to Aver and prayeth Judgment etc.

William Stone for the Defendant.

And the Said Teague Tracey by his Attorney aforesaid Saith that the Demurrer
of the Defendant is altogether insuffitient to preclude the plantiffe of his Action
aforesaid for that the Defendant therein According as by the good Rules of plead-
ing hath not as he ought prayed any Certaine Judgment of this Court whether the
plantiffs Action Should Abate be Quashed etc. and therefore for want of Suffitient
plea prayes the Judgment of this Court that he may Recover his Demand in his
Court Declared for. William Bladen.

And the Said Defendant by his Attorney Joynes in Demurrer and thereof prayes
it may be Inquired into by the Court. William Stone.

The pleadings of boath parties by the Court here being Read Scene and fully
understood it is Consided that the Said Decleration be quashed And that the