AUGUST, 1697 COURT 229

Said Teague Tracey take nothing by his Said writt but be in mercy for his false
Clamor and the Said Francis Warner goe thereof without Day etc.

John Maning plantiffe: Ninian Beall Defendant

Prince Georges County Ss. Ninian Beall late of Prince Georges County gentle-
man was Attached to Answer unto John Maning of a plea of trespass upon the
Case etc.

And whereupon the Said John by James Cranford his Attorney Complaineth
that whereas the Said Ninian the 22d day of November in the yeare 1695
drew a [208] Certaine noate upon one Mr. Parker to pay to the Said John
Manning or his order the Sume of four thowsand one hundred Seaventy four
pounds of tobaccoe as by the Said noate under the proper hand of him the Said
Ninian and here in Court produced whose date is the day and yeare aforesaid
may Appeare Inconsideration whereof the Said Ninian the day and yeare afore-
said did Assume upon himselfe and to the Said John Faithfully promise that if
the Said Mr. Parker did not pay the Said John or his order the Said Sume of 4174
lbs. of tobaccoe he the Said Ninian the Said Sume of 4174 pounds of tobaccoe to
the Said John would well and truly Sattisfie Content and pay And the Said John
in fact Saith that the Said Ninian the day and yeare aforesaid did draw a noate
upon the Said Mr. Parker for the Said Sume of 4174 pounds of tobaccoe payable
to the Said John or order which the Said Mr. Parker did not pay Accordingly
Nevertheless the Said Ninian his promise and Assumption to the Said John Soe
made as aforesaid Little Regarding but deviseing and fraudulently Intending
him the Said John in that behalfe Craftily and Subtilly to deceive and Defraud
the Said Sume of 4174 pounds of tobaccoe to the Said John although often
thereunto Required to pay hath not but the Same to pay hath denyed and Still
doth denye to the damage of the plantiffe 6000 pounds of tobaccoe and thereupon
he brings his Suite.

Pledges etc. John Doe, Richard Roe. James Cranford.

And the Said Ninian Beall by John Meriton his Attorney Cometh and de-
fendeth the force and Injury when etc. And prayeth Leave here to Imparle untill
the next Court and it is granted unto him the Same day is given to the plantiffe
alsoe. And now here at this day (to witt) the 24th day of August 1697 Came here
as well the Said John Manning as the Said Ninian Beall by their Attorneys afore-
said And the Said John Manning prayeth that the Said Ninian Beall to his
Decleration aforesaid may Answer etc.

And the Said Ninian Beall by John Meriton his Attorney Cometh and De-
fendeth the force and Injury when etc. and Saith that he is not informed by the
Said Ninian Beall his Clyant of any Answer for the Said Ninian Beall in the plea
aforesaid to be given and nothing more thereof Saith by which the Said John
Manning Remaineth against the Said Ninian Beall thereof undefended etc.
Therefore it is Considered that the Said John Manning Recover against the Said
Ninian Beall as well the Sume of four thowsand one hundred Seaventy four
pounds of tobaccoe his Damages in the premises aforesaid as alsoe the Sume of
five hundred twenty and four pounds of tobaccoe for his Costs and Charges in
this behalfe Sustained to the Said John Manning of his Assent by the Court here
Adjudged etc. And the Said Ninian Beall in mercy etc.

Thomas Hollyday plantiffe: Hugh Ellis Defendant

Prince Georges County Ss. Hugh Ellis late of Prince Georges County gentle-