FEBRUARY, 1698/9 COURT 437

Said Edward and Dudley in this behalfe Crafftily and Subtilly to deceive and
Defraude the Said Sume of 462 pounds of Tobacco to the Said Edward and
Dudley or to Either of them hath not paid allthough the Said Matthew after-
wards the Day and place aforesaid was often thereunto requested but hath
hitherto refused and Still doth refuse to the Damage of the Said Edward and
Dudley of 800 lbs. of Tobacco and thereof they bring their Suite etc. William
Stone. John Doe, Richard Roe Pledges

Matthew Mackeboy Bought of William Willkinson on account of Edward and Dudley
Carleton (Viz.)
July the 12 1697 2 Gallons Rum. 100, 10 lbs. Suger 90, 1 pair Womans worsted

Stockings 40, 1 Quart of Rume 13, .................................... 243

Nov. the 26
1/2 Ib. Brown Thread 17, 2 Tobacco boxis 20, 12 lbs. Suger 120 ............ 157

To 1 Girt, 1 pair Stirrip Leathers 22, 1 Flannell wast coat—40 ................ 62

462
[387] Sept. the 28th 1698

Then came before us William Willkinson and tooke his Oath on the Holy
Evangelist that this above account is a Just and true account and that he has
received noe part nor parcell thereof.

John Wight, Robert Wade

And the Said Matthew Mackeboy by Joshua Cecell his Attorney cometh and
defendeth the Force and Injury when etc. and prayeth Lycence thereof to
imparle here untill the next Court and it is Granted unto him the Same day
is given to the Plantive likewise etc.

Att which Said Court (to witt) the 23d day of January 1698 [1699] came as
well the Said Edward and Dudley by his attorney and the Said Matthew Macke-
boy by his attorney aforesaid and the Said Edward and Dudley Prayeth that
the Said Matthew Mackeboy to their Declaration aforesaid may answer, And the
Said Matthew Mackeboy cometh and Defendeth the force and Injury when etc.
and Saith nothing in Barr of the Originall writt aforesaid by which the affore-
said Edward and Dudley Carleton remaineth against the Said Matthew Macke-
boy thereof without defence.

Therefore it is Considered that the Said Edward and Dudley Carleton recover
against the Said Matthew Mackeboy the Sume of four hundred Sixty and two
pounds of Tobacco his Debt aforesaid and his Damages by occation of De-
teineing the Said Debt to two hundred and forty pounds of Tobacco to the Said
Edward and Dudley of their asscent by the Court here adjudged etc. And the
Said Matthew Mackeboy in Mercy, etc.

Henry Willis Plantiff: Treacys Administrator Defendant

Henry Willis who brought the writt of Our Sovereigne Lord the King against
Charles Treacys Administrator of a Plea of tresspass upon the Case and hath
not prosecuted his Said writt. Therefore hee and his Pledges of Procecuteing
be in Mercy etc. Lett the names of the of the Pledges be Sought etc. and the
Said David Small administrator as aforesaid goe thereof without Day etc. it is
Likewise Considered that the Said David Small recover against the Said Henry
Willis his Damages by Occation of the Premisses to two hundred 265 pounds of
Tobacco to the Said David Small by the Discression of the Justices here att his
request for his Cost and Charges in this behalfe Layd out and Susteined accord-
ing to the forme of the Statute etc. by the Court here adjudged.