NOVEMBER, 1698 COURT 397

the Same to Pay hath denyed and Still doth denye to the Damage of the plantiffe
3000 lbs. of Tobacco and thereupon he Brings his Suite.

Pledges to prosecute. John Doe, Richard Roe. Meriton for the Plantiffe.

lbs. tobacco Contra Creditor
Herring Towne March the 26. lbs. tobacco

1695 Robert Edmondson his By two Hides Received Valued

account is Debtor. by a tanner at most 3d .... 060
To a horse Lock and 2 Tobacco By Ballance Due to this account

boxis ..................... 060 this 1st day of February

To 9 Ells of browne ozenbriggs, 1695/6 one Thousand Eight

20 lbs..................... 180 Hundred twenty and five

To 3 yards 1/2 blew cloth at pounds of Tobacco ........ 1825

40 ........................ 140 ———

To 2 yards Cullored Linen and Errors Excepted per me ...... 1885

2 yds 1/4 whitedd linen .... 060 Thomas Tench.

To 6 do/. Coat Buttons ...... 040

To Cash paid him per agree-
ment to have .............. 400

To a pair of Shoes and a pair

pumps .................... 180

To Francis Griggs his Note on

him accepted for which Sume

gave John Willson Credit .. 800
To a bottle of rume at ....... 025

1885

October the 9th 1696.

Then did Thomas Tench Esq. depose upon his oath that the above account of
Debtor and Creditor as it is above Stated is a Just and true accompt and that the
Ballance thereof is Due to him.

Kenelm Cheseldyn

[359] Whereupon the Said Archibald Edmundson by Cleborne Lomax his
attorney comes and defends the force and Injury when etc. and Prayeth Lycence
thereof to imparle here until the next Court and it is Granted unto him; the
Same Day is given to the Plantive likewise.

And now here att this Day (to witt) the 22d day of November came as well
the Said Thomas Tench as the Said Archibald Edmundson by their attorneyes
aforesaid and the Said Thomas Tench Prayeth that the Said Archibald Edmund-
son to his Declaration aforesaid may answer.

And the Said Archibald Edmundson by Cleborne Lomax his attorney cometh
and defendeth the Force and Injury when etc. and Saith that the Plantiff his
action against him ought not to have for that he Saith that there is Severall
Debts Due by Speaciallytyes and other obligations of a higher Nature then the
Defendant in his Declaration] mentioned which by Law ought to be Paid before
the Said Defendant which he is ready to averr here in Court and Prayeth Judg-
ment etc. Cleborne Lomax pro Deffendant

And the Plantive allso. Meriton.

And the Said Plantiff by John Meryton his Attorney for Plea Saith that there
is not Debts of an Hyher nature and thereof he Greaves Judgement of this Court.
Meriton.

Therefore it is Considered that the Said Thomas Tench doe recover against
the Said Archibald Edmundson the Debt aforesaid and his Damages by occation