558 PRINCE GEORGES COUNTY

So much thereof in their hands to be administered and the Said Kathrine Will-
son and Joshua Cecell in mercy.

Simon Nicholls Plantiffe: Jonathan Willsons Executors Defendants

Kathrine Willson and Joshua Cecell Late of Prince Georges County Executors
of the Last will and Testament of Jonathan Willson Deceased was atteached to
answer unto Siman Nicholls of a Plea of Tresspass upon the Case etc.

And whereupon the Said Simon by William Stone his Attorney Compleineth
that whereas the Said Jonathan in his Lifetime that is to Say the 18th day of
March in the year of our Lord 1697 [1698] att Charles Towne within the Juris-
diction of this Court was Indebted unto the Said Simon in the Sume of twelve
hundred pounds of Tobacco being for his the Said Simons Labour and paines
in drawing in of Timber for him the Said Jonathan as by a Perticular account
thereof here ready in Court to be produced more at Large may appear, And
the Said Jonathan being Soe indebted as aforesaid in Consideration thereof did
assume upon himselfe and to the Said Simon then and there faithfully promise
that he the Said Jonathan the Said Sume of 1200 lbs. of Tobacco to the
Said Simon when hee Should bee thereunto requested would well and truely
Content and Pay Nevertheless the Said Jonathan in his life time Nor the Said
Kathrine and Joshua Since the Death of the Said Jonathan to whom Letters
Testamentary of the Esteate of the Said Jonathan ware in Due forme of Law
Committed in his promise and Assumption aforesaid not att all regarding but
mindeing and fraudulently intending him the Said Simon in this behalfe
Craftily and Subtilly to deceive and defraud the Said Sume of 1200 lbs. of Tobacco
to the Said Simon hath not paid Although the Said Jonathan afterwards the
Day and place aforesaid in his Life time, and the Said Kathrine and Joshua
Since his Death to doe the Same by the Said Simon hath been often thereunto
requested but hath hitherto refused and Still doth refuse to the Damage of the
Said Simon of 1600 pounds of Tobacco and thereof he bringeth his Suite etc.

William Stone. John Doe, Richard Roe. pledges etc.

March the 18 Jonathan Willson Debtor to Simon Nichols 1697 [1698].

lbs. Tobarro
To Drawing in of timber for 220 foot houses 800, to a Considerable

Quantity of timber more 400 .......................................... 1200

And the Said Kathrine Willson and Joshua Cecell in their propper persons
cometh and Defendeth the force and Injury when etc. and prayeth Lycence to
imparle here untill the next Court Comeing and it is Granted unto them the
Same day is given to the Plantiffe Likewise.

[473] Att which day (to witt the 26th day of September Annoque Domini
1699 here came as well the Said Simon Nicholls by his Attorney as the Said
Kathrine Willson and Joshua Cecell in their propper Persons and the Said
Simon Nicholls by his Attorney aforesaid Prayeth that the Said Kathrine Willson
and Joshua Cecell to his Declaration may answer.

And the Said Kathrine and Joshua in their propper persons comes and defends
the force and Injury when etc. and Saith that the Said Simon his action afore-
said against them ought not to have because they Say that the Said Jonathan
dyed indebted to Several persons by Judgements which Judgements remaines
unsattisfyed being Debts of a hyar nature then the Plantiffs ought to be first paid
and Sattisfyed (Viz.) before the Justices of the Provinciall Court of this Province
Richard Marsham and Ann his wife Administratrix of the Goods and Chatties
of Henry Brent Deceased the 15th day of October Annoque Domini 1696