468 PRINCE GEORGES COUNTY
of England for due payment thereof according to the Custome of Merchants the
day year and place aforesaid did draw three Bills of Exchange Accordong to the
Custome of Merchants and Signed with the propper hand of the Said Ann and
Directed to one Mr. Edward Feilder Grocer in London for the Payment of the
four pounds Sterling Lawfull money of England att twenty days Sight of the Said
Bills of Exchange to the Said Simon Wootton or his Order in his life time directed
and the Said Ann then and there did assume upon herselfe and to the Said
Simon in his life time faithfully promise that if the Said Edward Feilder the Said
Sume of 4 pounds Steling Lawfull money of England to him the Said Simon
Wootton or ordar did not well and truly pay according to the tennor of the Said
bills of Exchange that then the Said Ann would well and truly pay the Same
when thereunto required and the Said John Fisher in Fact Saith that on the four
and twentish day of September Annoque Domini 1695 at the request of Captain
Thomas Warton of London Merchant Jeremiah Jenkins Notary and Tabellion
Publick by Royall authority admitted and Sworne dwelling in London aforesaid
did Exhibit the Second of the three bills of Exchange unto the Said Edward
Feilder to whom directed demanded payment of its Contents whereupon he
answered he would not pay the Said bill, which being by him the Said Notary
heard by these presents did Solemly protest as well against the Said Ann Gant
drawer of the Said Bill as all others whom it did or may Concerne of Exchange
and rechange of all Costs damages and Interest Suffered and to be Suffered for
want of Payment of the Said bill which Said Instrument of protest is by the Said
John Fisher brought here into Court Yet nevertheless the Said Ann while She was
Sole her promise and assumption aforesaid litle regarding but mindeing and
fraudulently intending him the Said Simon Wootton in his life time in that
behalfe Craftily and Subtilly to deceive and fraud She the Said Ann whilst She
was Sole or the Said John Wight and Ann Since the Espousalls [409] between
them had and Celabrated or Either of them the Said Sume of £4 pounds Sterling
Lawfull money of England to the Said Simon Wotton in his Life time or to the
Said John Fisher Since the Death of the Said Simon to whom administration of the
Goods and Chatties of the Said Simon Wootton after his discease was Legally
Committed although the Said Ann whilst She was Sole to doe the same by the
Said Simon Wootton in his life time and the Said John Wight and Ann Since
the Espowsalls between them had and Celobrated by the Said John Fisher the
10th day of March 1697 [1698] at Charles Towne aforesaid was often thereunto
Requested but the Same to Pay they have denyed and Still doth denye to the
Damage of the Said John Fisher of Eight pounds Sterling and thereof he brings
this Suite etc.
Pledges to procecute John Doe, Richard Roe. Joshua Cecell.
Whereupon the Said John Wight and Ann his Wife by James Cranford their
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.
Att which Said Court to witt the 28th day of March 1699 came as well the Said
John Fisher as the Said John Wight and Ann his Wife by their attorneys aforesaid
and the Said John Fisher Prayeth that the Said John Wight and Ann his Wife to
his Declaration aforesaid may answer.
Whereupon the Said John Wight etc. by their Attorney aforesaid cometh and
defendeth the force and Injury when etc. and Saith that hee did not assume in
manner and forme upon the Court by Consell James Cranford.
And the Plantiff allso. Joshua Cecell.
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