NOVEMBER, 1698 COURT 411

Notwithstanding which the Said William the Said Sume of 998 pounds of
Tobacco according to the tennor of the Said bill obligatory although often re-
quired the Same to the Said James hath not Rendred but hath hitherto denyed
and doth Still denye to the Damage of the Said James of 1900 lbs. of Tobacco
and thereof he brings his Suite etc.

Joshua Cecell for the Plantiffe Pledges to procecute John Doe, Richard
Roe.

And whereupon the Said Plantiff by his attorney afforesaid haveing Ishued out
a writt against the Deffendant which Said writt was returned by the Sheriffe
that the Said Deffendant was not to be found in his Bailewick and allso have
caused a Coppy of the Declaration to be Left at the house where the Deffendant
Last Lived in this County and further it is testifyed here in Court that the Said
Defendant hath alianed himselfe out of the Jurisdiction of this Court where
upon the Said Plaintive Prayeth by his attorney afforesaid an atteachment
against the Goods and Chatties and Credditts of the Said Deffendant as well for
the Sume of nine hundred ninety Eight pounds of Tobacco the Debt afforesaid
as allso for the Sume of four hundred and fourteen pounds of Tobacco his
Cost and Charges in this behalfe Layd out and Expended etc. and by the Court
here itt is granted unto him.

Joseph Harrison plantiffe: Stephen Ashbee Defendant

Stephen Ashby Late of Prince Georges County Planter was atteached to answer
unto Joseph Harryson of a Plea of Tresspass upon the Case etc.

And whereupon the Said Joseph by Joshua Cecell his attorney Compleineth
that whereas the Said Stephen the 20th day of November in the year of our
Lord 1696 att Charles Towne with in the Jurisdiction of this Court Stood in-
debted unto the Said Joseph in the Sume of of Seven hundred pounds of
Tobacco being as well for a mare and two Barrells of Indian Corne by the Said
Joseph Sold as by a Perticular account thereunto annexed may more att Large
appear and the Said Stephen to the Said Joseph in manner afforesaid being
Indebted in Consideration thereof did assume upon himselfe and to the Said
Joseph then and there Faithfully Promise that he the Said Stephen the Said
Sume of 700 pounds of Tobbacco unto the Said [368] Joseph when he Should
be affterwards thereunto requested would well and truely content and pay
Nevertheless the Said Stephen his Promise and assumption afforesaid not re-
garding but mindeing and fraudulently intending him the Said Joseph in this
behalfe Crafftily and Subtilly to deceive and defraud the Said Sume of Seven
Hundred pounds of Tobacco to the Said Joseph hath not Paid although the
Said Stephen to doe the Same by the Said Joseph afterwards the Day and place
aforesaid was offten thereunto requested but the Same to Pay to the Said Joseph
hath hitherto denyed and Still doth denye to the Damage of the Said Joseph
of fourteen Hundred pounds of Tobacco and thereupon he brings his Suite etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.

Stephen Ashby Debtor to

Joseph Harryson Nov. 20th 1696 Contra Creditor
To a mare Sold you as by

agreement ................ 400

To 2 Barrells of Indian Corne 200
To Credditt given you at

Robert Biggs .............. 100

700