NOVEMBER, 1698 COURT 413

[369] And now here at this day (to witt) the 22 day of November Annoque
Domini 1698 came here as well the Said Hannah Hine as the Said Joseph Harri-
son by their Attorneyes afforesaid and the Said Hannah Hine Prayeth that the
Said Joseph Harrison to his Declaration aforesaid may answer etc.

And the Said Joseph Harrison by Joshua Cecell his Attorney cometh and De-
fendeth the Force and Injury when etc.

And Prayeth abatement of the writt and Declaration aforesaid for that he
Saith that the Said Plantiffe hath brought her writt afforesaid against him the
Said Deffendant by the Name of Joseph Harrison Late of Prince Georges County
Planter etc. to Answer unto Hannah Hine Administratrix of the goods and
Chatties of Matthew Hine Deceased etc. and that in the Precript of the Declara-
tion the Said Deffendant is Called Joseph Harryson Late of Prince Georges
County etc. to answer unto Hannah Hine of a Plea of tresspass upon the Case
etc. by reason of which variance between the writt and Declaration afforesaid noe
Certaine Judgement can be given for the Count or Declaration must be agreeable
to the writt the Barr to the Count etc. and, the Judgements to the Counts for
none of them must be narrower or broader then the other Cookes Institutes Follio
303 etc. Wherefore the Said Joseph Harrison Prayeth abatement of the writt and
Declaration aforesaid etc. Joshua Cecell for the Deffendant.

Therefore it is Considered that the Said writt be Quashed and that the Said
Hannah Hine take nothing by her said writt but be in mercy for her False
Clamour and the Said Joseph Harrison goe thereof without day etc. it is Likewise
Considered that the Said Joseph Harison recover against the Said Hannah Hine
his Damages by occation of the Premises to Three hundred thirty Seven pounds
of Tobacco to the Said Joseph Harrison by the Discression of the Justices here att
his request for his Costs and Charges in this behalfe Susteined according to the
Forme of the Statute etc. by the Court here adjudged.

Henry Cullver Plantiff: David Small Defendant

David Small Late of Prince Georges County Gentleman was Atteached to
answer unto Henry Cullver of a Plea of Trespass upon the Case etc.

And whereupon the Said Henery Cullver by William Stone his Attorney Com-
pleineth that whereas the Said David the 29th day of May in the year of our Lord
1698 att Charles Towne within the Jurisdiction of this Court was Indebted unto
the Said Henry in the Sume of three Thousand two hundred thirty and Six
pounds of Tobacco being by a noate drawne by one Henry Fernely upon the Said
David Payable to the Said Henry Cullver and Accepted with the Propper hand
wrighting of the Said David as by the Said note here ready in Court to be Pro-
duced may appear and the Said David to the Said Henry Cullver being soe in-
debted as afforesaid in Consideration thereof did assume upon himself and to the
Said Henry then and there Faithfully Promise that he the Said David the Said
Sume of 3236 pounds of Tobacco to the Said Henry when he Should be thereunto
requested would well and truely content and Pay nevertheless the Said David his
Promise and assumption aforesaid not att all regarding but minding and fraudu-
lently intending him the Said Henry in this behalfe Crafftily and Subtilly to de-
ceive and Defraude the Said Sume of three thousand two hundred thirty and Six
pounds of Tobacco to the Said Henry hath not Payd allthough the Said David
afterwards the Day and Place aforesaid to doe the Same by the Said Henry was
offten thereunto requested but hath hitherto refused and Still doth refuse to the