NOVEMBER, 1698 COURT 401

Prossess in the Same Court remaineing relation being thereunto had may more
att Large Appear and the Said Matthew afterwards the tenth day of December
1697 to avoyd the Imprisonment of his body and other burthens and Expences
was Compelled to Pay and Sattisfie to him to him the Said George Burges the
Said one pounds Eight Shillings and nine hundred thirty two pounds of Tobacco
adjudged as afforesaid Whereupon the Said Matthew Saith that by reason of his the
Said Ninian not Delivering the afforesd Surveying instruments unto the Said
George Burges according to his Promise aforesaid that he the Said Mathew is
Damnifyed and hath damage to the value of two Thousand five Hundred Pownds
of Tobacco and thereupon be brings this Suite etc..

William Stone for the Plantiffe. Pledges to procecute John Doe, Richard
Roe.

And the Said Ninian Beall by John Merryton his attorney Cometh and De-
fendeth 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 Likewise Att which Said Court (to witt) the 22d day of November
Annoque Domini 1698 came the Said Matthew Mackeboy by his attorney affore-
said and Prayeth that the Said Ninian Beall to his Declaration afforesaid May
answer.

And the Said Ninian Beall by John Meriton his attorney comes and Deffends
the Force and Injury when etc. and for Plea Saith that hee did not assume and
promise in manner and forme as the Plantiff in his Declaration hath Sett forth
and thereof he putts himselfe upon the Country. Meryton for the Defendant.

And the Plantiffe also. Joshua Cecell.

Therefore it is commanded the Sheriff that without delay he cause to come
here twelve etc. by whom etc. and who neither etc. to recognize etc. because as
well etc. and now here at this day came as well the Said Matthew Mackeboy and
the Said Ninian Beall by their Attorneys afforesaid and the Jurors theron Im-
paneld being Called Likewise came (viz.)
[362] James Stodart, Forman, Archibald Edmundson, Joshua Hall, John Roen-

son, Phillip Lewin, Thomas James, Bartholomew Goff, John Henry, Charles

Wallker, Henry Cullver, John Deakins, Robert Robinson.

Who to Speak the truth concerneing the Premises being Elected tryed and
Sworne doe Say upon their Oaths Wee find for the Defendant.

Therefore tis Considered that the Said Matthew Mackeboy take nothing by his
Said writt but be in Mercy for his False Clammar and that the Said Ninian Beall
goe thereof without day etc. it is Likewise Considered that the Said Ninian Beall
recover against the Said Matthew Mackeboy his Damages by Occation of the
Premises to Seven Hundred twenty one pownds of Tobacco to the Said Ninian
Beall by the Discression of the Justices here att his request for his Cost and
Charges in this behalfe Susteined according to the Forme of the Statute etc. by
the Court here adjudged etc.

William Williams Plantiff: Thomas Browne Defendant

William Williams who brought the writt of our Sovereigne Lord the King
against Thomas Browne of a Plea of tresspass upon the Case etc. and hath not
Prosecuted his Said writt Therefore he and his Pledges of Procecuteing be in mercy
etc. Lett the names of the Pledges be Sought etc. and the Said Thomas Browne
goe thereof without day it is Likewise Considered that the Said Thomas Browne
recover against the Said William Williams his Damages by occation of the
Premises to two hundred Sixty five pounds of Tobacco to the Said Thomas