SEPTEMBER, 1699 COURT 551

tice of this Province and not Sufficient to preclude the Said Plantiffe from haveing
Judgment affirmed upon the Said Scire facias and thereof he Prayeth Judgement
of this Court whether the Said Defendant Plea is not alltogather Dillatary Visious
and Eronious and Further Prayeth Judgement of this Court for his Debt aforesaid
and Cost to him to be adjudged etc. William Stone.

And the Said David by Joshua Cecell his Attorney Saith that the replication
aforesaid is not Sufficient in Law to barr the Defendants Plea in Demurrer or to
maineteine the Said writt of Scire facias aforesaid brought etc. and of this he
putts himselfe upon the Court. Joshua Cecell

And the Said James allso. William Stone.

The Pleadeings of both parties by the Court hear being read Seen and fully
understood it is considered that the Demurrer be Quashed and that the Scire
facias be good.

It is further Considered that the Said James Brooke Plantiff recover against
the Said the aforesaid David Small Administrator of Charles Treacy Deceased
as well the Sume of five Thousand two Hundred pounds of Tobacc[o] his Debt
and Damages aforesaid as allso the Sume of five hundred fifety Six pounds of
Tobacco for his additional costs and Charges of Suite to the Said James Brooke
Plantiffe of his assent by the Court here adjudged out of the Goods and
Chattells whereof Charles Treacy att the time of his Death in the hands of the
Said David Small to be administred if he hath Soe much thereof in his hands
to be administred etc. and the Said David Small in mercy.

Allexander Magruder Plantiff: Treacyes administrator Defendant
It was Commanded the Sheriff that whereas there was due from Charles
Treacy late of Prince Georges County Inholder Deceased unto Allexander
Magruder as well the Sume of four Thousand t[w]o hundred pounds of Tobacco
Debt and Six hundred and Ninety pounds of Tobacco Cost of Suite the whole
amounting to four Thousand Eight hundred and Ninety Pounds of Tobacco
to the Said Alexander Magruder for Debt and Damages Susteined by a Judge-
ment obteined against the Said Charles Treacy in his Life time before the
Justices of our Sovereigne Lord the King att Charles Towne the fourth Tuesday
in March in the year of our Lord one Thousand Six hundred ninety and Seven
whereof he was convict as by the records and prossess thereof in our Said Court
remaineth manifestly appeareth Nevertheless Execution of the Judgement afore-
said yett remaineth to bee done as by the insinuation of the Said Magruder our
Sovereigne Lord the King is given to understand and because etc. that by Law
etc. he make knowne unto David Small administrator of all and Singular the
goods Chatties and Creditts of the Said Charles Treacy Decead that he be and
appear before the Justices of our next Prince Georges County Court to be held
att Charles Towne the fourth Tuesday in March to Shew cause if any he have
wherefore the Said Allexander Magruder his Execution against him the Said
David Small as administrator of all and Singular the Goods Chatties and
Credditts of Charles Treacy Deceased against him ought not to have according
to the recovery thereof.

And now here at this day (to witt) the 26th of September annoque Domini
1699 came here as well the Said Allexander Magruder as the Said David Small
and the Said Allexander Magruder by John Meryton his Attorney Prayeth that
the Said David Small to his writt of Scire facias may answer.
[468] And the Said David by Joshua Cecell his attorney Comes and Defends
the force and Injury when and Saith that the Said writt and the Matter in the