MARCH, 1699 COURT 475

to 1/2 pinte burnt rume 18, to

1 pint rume burnt 12 ...... 30

to 1 Gallon Syder, to 1 pinte

rume 12 .................. 36

to 1 Gill rume 3 3/4, 1 pinte

rume 15, to 1 boul: punch—

40 ....................... 583/4

to 1 Dyet and 2 quarts of wine

-70 ...................... 70

1252

Whereupon in January Court Last Annoque Domini 1698 auditors was as-
signed the aforesaid parties to Audite and State the accompts between them as in
folio 396 of this booke appeareth etc. and now here att this Day. (to witt) the
28th day of March Annoque Domini 1699 came as well the Said Plantiff as the
Defendant by their attorneyes aforesaid and the auditors assigned Likewise came
and made repoart of their auditt as Followeth (Viz.)

In Obedience to an Ordar of this Court wee the Subscribers have Regulated the
above account according to the rates of Licquors assessed by the Court and finde
Mathew Mackeboy Debter to William Groome three Hundred Fifety three
pounds of Tobacco Witness our hands March the 11th 1698/9. Robert Bradley,
James Stoddart.

Therefore it is Considered that the Said William Groome Recover against the
Said Matthew Mackeboy the Sume of three Hundred fifty three pounds of
Tobacco his Debt aforesaid and his Damages by Occation of deteineing the Said
Debt to pounds of Tobacco of his assent by the Court here adjudged and
the Said Matthew Mackeboy in mercy.

The Court adjourned for an hour and then Satt the Same Justices Sitting.

Ordered that Thomas Thickpenny be had to the whipping poast and the
Sheriff to give him ten Lashes well Laid on for [incomplete entry].

[413] John Underwood Plantiff: Matthew Mackeboy Defendant

Matthew Mackeboy late of Prince Georges County Planter was atteached to
answer unto John Underwood of a Plea of Tresspass upon the Case etc. And
whereupon the Said John by William Stone his attorney Compleineth that
whereas the Said Matthew the 16th day of July in the year of our Lord 1698 att
Charles Towne within the Jurisdiction of this Court was indebted unto the Said
John in the Sume of four hundred pounds of Tobacco being so much Tobacco
assumed by the Said Matthew to pay to the Said John for one Stephen Ashbey,
And the Said Matthew to the Said John being Soe indebted as aforesaid in con-
sideration thereof did assume upon himselfe and to the Said John then and there
faithfully promise that he the Said Matthew the Said Sume of 400 pounds of
Tobacco to the Said John when he Should bee thereunto requested would well
and truely Content and pay Nevertheless the Said Matthew his promise and
assumption aforesaid not att all regarding but mindeing and fraudulently In-
tending him the Said John in this behalfe Craftily and Subtilly to deceive and
defraud the Said Sume of 400 pounds of Tobacco the the Said John hath not paid
althoug the Said Matthew to doe the Same by the Said John afterward[s] the
Day and place aforesaid was often thereunto [requested] but hath hitherto