OCTOBER, 1699 COURT 561

relation being thereunto had may more at Large appear, And the Said John
to the Said Joseph and Company in manner aforesaid being indebted in con-
sideration thereof did assume upon himselfe and to the Said Joseph and Com-
pany then and there Faithfully promise that he the Said John the Said Sume
of 508 pounds of Tobacco to the Said Joseph and Company when he Should be
thereunto requested would well and truely Content and pay Nevertheless the
Said John his promise and assumption aforesaid not regarding but mindeing
and fraudulently intending them the Said Joseph and Company in this behalfe
Craftily and Subtilly to receive and defraud the Said Sume of 508 pounds of
Tobacco or any part thereof to the Said Joseph and Company or to any
other person for their use hath not paid although the Said John to doe the
Same by David Small Factor of the Said Joseph and Company afterwards the
Day and place aforesaid was requested but the Same to pay hath hitherto refused
and Still doth refuse to the Damage of the Said Joseph and Company of 1000
lbs. of Tobacco and thereof they bring their Suite.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.

John Chappman Debtor to Joseph Jackson and Company Sept. the 12 1698.
To your assumption to pay James Williams account ...................... 400

To 2 Gallons one quart of Rome at ..................................... 108

508

[475] And the Said John Chapman by William Stone his attorney comes and
defends the force and Injury when etc. and Prayeth Lycence to imparle here
Untill the next Court and it is granted unto him the Same day is given to the
Plantiffe likewise.

And now here at this day (to witt) the 26th day of September Annoque
Domini 1699 here came as well the Said Joseph Jackson and Company Plantiffe
by Joshua Cecell their Attorney aforesaid as allso the Said John Chapman De-
fendant by William Stone his Attorney cometh and defendeth the force and In-
jury when etc. and Saith that he oweth not the Said Plantives the five hundred
and Eight pounds of Tobacco or any part thereof as the Said Joseph Jackson
hath declared against him and of this he putts himself upon the Court. Wil-
liam Stone.

And the Plantiffes also. Joshua Cecell.

Whereupon the Court haveing read and fully understood the Alligation on
both Sides and the Wittnesses on both Sides being fully heard by the assent of
the parties aforesaid, etc.

Therefore it is Considered by the Court that the aforesaid Joseph Jackson
and Company Plantiffs recover against John Chapman Defendant as well the
Sume of five hundred and Eight pounds of Tobacco his Debt aforesaid as
allso the Sume of two hundred Seventy two pounds of Tobacco Cost of Suite
to the Said Plantifs of their assent by the Court here adjudged and the Said
John Chapman Defendant in mercy.

William Round and Company Plantiff: Jonathan Willsons Executors De-
fendant

Kathrine Willson and Joshua Cecell Late of Prince George County Executors
of the last will and Testament of Jonathan Willson Deceased otherwise Called
Jonathan Willson of Calvert County in the Province of Maryland Inholder
was Summoned to answer unto William Round and Company of Sumersett
County in the Province aforesaid of a Plea that they render unto them the full