562 PRINCE GEORGES COUNTY

and Just Sume of fifeteen pounds Sterling money of England which from them
they unjustly deteine.

And whereupon the Said William and Company by William Stone their
Attorney Saith that the Said Jonathan in his Lifetime that is to Say the 11th
day of March in the year of our Lord 1695/6 att Callvert County that is to Say
att Charles Towne within the Jurisdiction of this Court by his Certaine bill
obligatory which the Said William and Company with the Seale of the Said
Jonathan Signed bringeth here into Court the date whereof is the Day and
year aforesaid wherein the Said Jonathan acknowledged himselfe to be bound
unto the Said William and Company in the full and Just Sume of fifeteen
pounds Sterling money of England to be paid att or before the 20th day of
June then next Ensueing the Date of the Said Bill Either in ready money or
good bills of Exchange to the which payment well and truely to be made the
Said Jonathan bound himselfe his heires Executors or administrators firmely
by the Said bill Nevertheless the Said Jonathan in his life time nor the Said
Kathrine and Joshua Since his Death to whom Letters Testamentary of the
Esteate of the Said Jonathan ware in due forme of Law Committed although
often required the Said full and Just Sume of fifetee pounds Sterling money
or good bills of Exchange to the Said William and Company or to Either of
them hath not rendered but hath hith hitherto denyed and the Said Kathrine and
Joshua doth Still denye to the Damage of the Said William arid Company of
twenty pounds Sterling and thereof they bring their Suite.

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

And the Defendants in their propper Persons comes and Defends the force
and Injury when etc. and Prayeth Licence thereof to imparle here untill the
next Court Comeing and it is granted unto them the Same time is given to
the Plantives Likewise.

And now here att this day (to witt) the 26th day of September Annoque
Domini 1699 came here as well William Round and Company by William Stone
their Attorney aforesaid as allso the Said Kathrine Willson and Joshua Cecell
in their Proper persons and the Said William Round and Company prayeth
that the Said Kathrine Willson and Joshua Cecell to their Declaration afore-
said may answer.

And the Said Joshua Cecell for himself and the Said Kathrine in his Propper
person Cometh and defendeth the force and Injury when etc. and Saith that
the Said [476] William and Company their action aforesaid against them
ought not to have because they Say that they have paid Severall debts to Severall
persons due from the Said Deceased by Judgements obteined against the De-
ceased in his life time being Debts of a hyar nature then the Plantifs Debt Sued
for and ought to be first paid and Sattisfyed out of the Said Deceaseds Esteat
(Viz.) To Richard Marsham and Ann his Wife administratrix of the goods
and Chatties of Henry Brent Deceased the Sume of 9431 Pounds of Tobacco
and £ 17 11 06d Sterling as by the records of the Provintiall Court appeareth
etc. before the Justices of the Provintiall Court of this Province the 15th day of
Aprill annoque Domini 1698 One Edward Anthill obteined a Judgement against
the Said Jonathan in his Life time for the Sume of £29 03 00 and lbs. of
Tobacco Cost of Suite etc. before the Justices of Charles County Court the 9th
day of March 1696 [1697] one James Kingsbury obteined a Judgement against
the Said Jonathan in his Life time for the Sume of 1340 lbs. of Tobacco Debt
and 349 lbs. of Tobacco Cost of Suite etc. as by a Coppy of the Said records
here in Court ready to be produced may more at Large appear and allso that