NOVEMBER, 1698 COURT 419

aforesaid was thereunto requested but the Said Robert the Same to Pay to the
Said James or to any other Person for his use hath hitherto refused and Still
doth refuse to the Damage of the Said James of fifeteen Hundred pounds of
Tobacco and thereof he brings his Suite etc.

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

The Plantiff by Joshua Cecell his Attorney haveing caused a Coppy of the
Declaration to be Delivered to the Defendant att the time of Serving the Said
writt upon the Said Defendant which was Eight dayes before this Court where-
upon the Said Plantiff prayeth that the Said defendant to his Declaration afore-
said may answer according to an act of assembly in that case made and Provided.
[373] Whereupon the Said Robert Anderson in his Proper Person cometh and
Defended! the Force and Injury when etc. and Saith that he cannot gainesay the
action of the Said James nor but Seven Hundred and Seventy pounds of Tobacco
is Due and oweing to the Said James Rounds in manner and forme as the Said
James Rounds against him hath declared therefore it is Considered that the
Said James Rounds recover against the Said Robert Anderson the Sume of Seven
hundred and Seventy pounds of Tobacco his Debt aforesaid and his damages
by occation of deteineing the Said Debt to two hundred and Sixty pounds of
Tobacco to the Said James Rounds of his assent by the Court here adjudged and
the Said Robert Anderson in Mercy.

Joseph Jackson and Company Plantiff: Robert Anderson Deffendant
Robert Anderson Late of Prince Georges County Planter was Atteached to
answer unto Joseph Jackson and Company of London Merchants of a Plea of
tresspass upon the Case etc.

And whereupon the Said Joseph and Company by Joshua Cecell their At-
torney Compleineth that whereas the Said Robert the thirtith day of October
in the year of our Lord 1697 att Charles Towne within the Jurisdiction of this
Court Stood indebted unto them the Said Joseph and Company in the Sume of
three Hundred and Six pounds of Tobacco being for Severall goods wares and
merchandizes by David Small Factor of the Said Joseph and Company sold and
Delivered to the Said Robert as by a Perticular account thereof here read in
Court to be produced relation being thereunto had may more Att Large
appear and the Said Robert to the Said Joseph and Company in manner affore-
said being indebted in Consideration thereof did assume upon himselfe and to
the Said Joseph and Company then and there Faithfully promise that he the
Said Robert the Said Sume of three Hundred and Six pounds of Tobacco to
them the Said Joseph and Company when he Should be thereunto requested
would well and truely Content and pay Nevertheless the Said Robert his
promise and assumption so as afforesaid made little regarding but mindeing and
fraudulently intending them the Said Joseph and Company in this behalfe
Crafftily and Subtilly to deceive and defraud the Said Sume of three hundred
and Six pounds of Tobacco or any Part thereof to them the Said Joseph and
Company or any other person or persons for their use hath not Paid allthough
the Said Robert to doe the Same by David Small Factor of the Said Joseph and
Company affterwards the Day and place aforesaid was thereunto requested but
the Said Robert the Same to pay to them the Said Joseph and Company hath
hitherto refused and Still doth refuse to the Damage of them the Said Joseph
and Company of Six hundred pounds of Tobacco and thereof they bring their
Suite etc.