FEBRUARY, 1698/9 COURT 443

denye to the Damage of the Said Thomas and Peter and Company of 3500 lbs.
of tobacco and thereof they bring their Suite etc.

William Stone John Doe, Richard Roe. Pledges etc.

Whereupon the Said David Small by Joshua Cecell his Attorney comes and
defends 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 Plantiff Likewise And now here att this Day (to witt) the 23 day of
January came the Said Thomas Tasker and Peter Paggon and Company by
their attorney afforesaid and Prayeth that the Said David Small to their Declara-
tion aforesaid may answer.

Whereupon the Said David Small by Joshua Cecell his Attorney cometh and
Defendeth the force and Injury when etc. and Saith that he is not informed by
the Said David Small his Client in the Plea aforesaid and nothing more thereof
Saith by which the Said Thomas Tasker and Peter Paggon and Company re-
maineth against the Said David Small [without defense],

[391] Therefore it is Considered that the Said Thomas Tasker and Peter Pag-
gon and Company recover against the Said David Small administrator as afore-
said as well the Sume of two Thousand three hundred and fourty pounds of
Tobacco his Debt aforesaid as allso the Sume of three hundred and four pounds
of Tobacco to the Said Thomas Tasker and Peter Paggon and Company of
their asscent by the Court here adjudged and the Said David Small in mercy.

Nathaniell Jenkinson Plantiffe: Martin Poartwood Defendant

Martin Poartwood Late of Prince Georges County planter otherwise Called
Martin Poartwood of Stafford County in Verginia Planter was Sumoned to
answer unto Nathaniell Jenkinson of a Plea that hee render unto him the Just
Sume of Three Thousand pounds of Leafe Tobacco in Caske which to him hee
oweth and from him unjustly deteineth etc.

And whereupon the Said Nathaniell by Joshua Cecell his Attorney Saith that
whereas the Said Martin the ninth day of November in the year of our Lord
1696 att Stafford County in Verginia that is to Say att Charles Towne within
the Jurisdiction of this Court by his Certaine bill obligatory which the Said
Nathaniell with the Scale of the Said Martin Signed and bringeth here into
Court the Date whereof is the Day and year aforesaid did binde himselfe to Pay
or Cause to be Paid unto the Said Nathaniell Jenkinson of the Same place his
heires assignes The Just Sume of three thousand pounds of Leafe Tobacco in
Caske to be paid upon all demand att some Convenient place in the County of
Stafford aforesaid Notwithstanding which the Said Martin the Said Sume of
3000 pounds of Tobacco in Caske according to the tennor of the Said bill
obligatory allthough often demanded the Same to the Said Nathaniell or his
assignes hath not rendered but the Same to pay hath denyed and Still doth doth
deny and Refuse to the Damage of the Said Nathaniell of 5000 pounds of To-
bacco and thereof hee brings this Suite etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell

And the Said Martin Poartwood by William Stone his attorney cometh and
Defendeth and defendeth the force and Injury when etc. and prayeth Leave
to Imparle here untill the next Court and it is Granted unto him the Same
is given to the Plantive Likewise.

And now here att this day to witt the 23d Day of January in the year of our
Lord 1698 [1699] here came as well the Said Nathaniell Jenkinson as the Said