AUGUST, 1699 COURT 537

And the Said Thomas Hollyday and Joshua Cecell in their propper persons
comes and defends the force and Injury when etc. and Prayeth Lycence to Im-
parle here untill the next Court comeing and itt is Granted unto them the
Same day is given to the Plantife Likewise. Att which Said Day (to witt) the 22d
day of August Annoque Domini 1699 came as well the Said Thomas Colliar by
John Meryton his Attorney aforesaid as the Said Thomas Hollyday and Joshua
Cecell in their propper persons and the Said John Meryton Prayeth that the
Said Defendants to the Plantiffs Declaration may answer.

[456] And the Said Thomas Hollyday and Joshua Cecell in their propper
persons comes and defends the force and Injury when etc. Saith nothing in barr
to the action of the Said Thomas Colliar whereby the Said Thomas Colliar
remaineth against Thomas Hollyday and Joshua Cecell Defendants thereof
without Defence.

Therefore it is Considered that the aforesaid Thomas Colliar doe recover
against Thomas Hollyday and Joshua Cecell Administrators of Richard Bright-
well Deceased as well the Sume of Nine hundred and fifety pounds his Debt
aforesaid as allso the Sume of two hundred and twenty pounds of Tobacco for
his Cost and Charges of Suite to the Said Thomas Colliar of his Assent by the
Court here adjudged out of the Goods and Chatties whereof Richard Bright-
well att the time of his Death in the hands of the Said Thomas Hollyday and
Joshua Cecell to be administered if they have Soe much thereof to be admin-
istred and the Said Thomas Hollyday and Joshua Cecell in Mercy.

Samuell Goosey Plantife: John Thickpenny Defendant

John Thickpenny Late of Prince Georges County Planter otherwise called
John Thickpenny of Callvert County Planter was Summoned to answer unto
Samuell Goosey of a Plea that he render unto him the full and Just sume of
three Thousand pounds of good Sound bright or Large Tobacco in good Caske
to Conteine the Same clear from all manner of trash which to him he Oweth
and from him unjustly deteineth, etc.

And whereupon the Said Samuell by Joshua Cecell his Attorney Saith that
whereas the Said John the 12th day of December in the year of our Lord 1685
att Callvert County that is to Say att Charles Towne within the Jurisdiction of
this Court by his certaine bill obligatory which the Said Samuell with the Scale
of the Said John Signed 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 Samuell Goosey of the Same place
to him his heires Executors or administrators or assignes the full and Just Sume
of three Thousand pounds of good Sound bright or Large Tobacco in good
Caske to Conteine the Same clear from all manner of Trash it being for a
Valuable Consideration already by him the Said John Received and to be paid
upon all demand after the tenth day of October which will happen in the year
of our Lord one thousand Six hundred Eighty and Seven at Some Convenient
place in the County aforesaid according to act of assembly Notwithstanding
which the Said John the Said Sume of 3000 lbs. of Tobacco and Caske accord-
ing to the tennor of the Said bill obligatory although often required the Same
to the Said Samuell hath not Paid but the Said John the Same to pay to the
Said Samuell hath denyed and Still doth denye to the Damage of the Said
Samuell of 5000 lbs. of Tobacco and thereof he brings this Suite, etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell