AUGUST, 1699 COURT 527

[449] And whereupon the Said Edward by Joshua Cecell his Attorney Saith
that whereas the Said Ninian the 4th day of August in the year of our Lord
1696 att Charles Towne within the Jurisdiction of this Court by his Certaine
Bill obligatory which the Said Edward with the Scale of the Said Ninian
bringeth here into Court the Date whereof is the Day and year aforesaid did
binde himselfe his heires Executors and administrators to pay or Cause to be
Paid unto the Said Edward Botteler of Callvert County Merchant his heires
Executors: administrators or assignes the Full and Just Sume of Nine hundred
pounds of good Sound Merchantable Leafe Tobacco in Caske Convenient in
Callvert County att or upon the tenth day of October next Ensueing the Date
of the Said bill obligatory Nott withstanding which the Said Ninian the Said
Sume of Nine hundred pounds of Tobacco in Caske According to the tennor of
the Said Bill obligatory although often required the Same to the Said Edward
hath not renderd but the Same to render hath denyed and Still doth denye to
the Damage of the Said Edward of 1200 pounds of Tobacco and thereof he
brings this Suite etc.

Pledges to Prosecute John Doe, Richard Roe. Joshua Ceceel.

And the Defendant by John Meryton his Attorney comes and defends the
force and Injury when and Prayeth Licence thereof untill the next Court and
it is granted unto him and the Same day is given to the Plantiffe Likewise etc.

Att which day (to Witt) the 22d day of August annoque Domini 1699 came
as well the Said Edward Botteler Plantife by Joshua Cecell his Attorney afore-
said as allso the Said Ninian Beall Defendant by John Meryton his attorney
and the Said John Meryton craves Oyer of the bill upon which the Plantiff
Sues and twas read unto him etc.

Whereupon the Court haveing fully understood the alligation of the Said
Defendant it is Considered that the Said Edward Botteler Plantiffe recover
against the Said Ninian Beall Defendant as well the Sume of Nine hundred
pounds of Tobacco his Debt aforesaid as allso the Sume of two hundred twenty
four pounds of Tobacco Cost of Suite to the Said Plantife of his Assent by the
Court here adjudged and the Said Ninian Beall Defendant in Mercy.

Charles Wallker Plantiff: John Chappman Defendant

John Chapman Late of Prince Georges County Cooper was atteached to
answer unto Charles Wallker of a Plea of Tresspass upon the Case etc.

And whereupon the Said Charles by Joshua Cecell his Attorney compleineth
that whereas the Said John the 12th day of November in the year of our Lord
1698 att Charles Towne within the Jurisdiction of this Court Stood Indebted
unto the Said Charles in the Sume of Eight hundred and fifety pounds of
Tobacco In consideration thereof the Said John did assume upon himselfe and
to the Said Charles then and there Faithfully promise that hee the Said John
when he Should be afterwards requested would clear and acquitt off and from
the bookes of one Nathan Smith upon the account of the Said Charles the Said
Sume of 350 pounds of Tobacco as by a Note Subscribed with the propper
handwrighting of him the Said John Chappman and here ready in Court to
be produced relation being thereunto had may more att Large appeare Never-
theless the Said John his promise and assumption Soe as aforesaid made little
regarding but mindeing and fraudulently Intending him the Said Charles in
this behalfe Crafftily and Subtilly to deceive and defraud the Said John from
the bookes of the Said Nathan Smith did not discharge clear and acquitt upon
the account of the Said Charles the Said Sume of 850 lbs. of Tobacco According