564 PRINCE GEORGES COUNTY

Charles Towne within the Jurisdiction of this Court was indebted unto the Said
William in the Sume of Six pounds Eleven Shillings Sterling being for the Quan-
tity of one hundred and fifety Gallons of Strong Beere and fifety Gallons of
boyled Sider by the Said William to the Said Jonathan before that time Delivered
and the Said Jonathan in Consideration thereof did assume upon himselfe and to
the Said William then and there faithfully promise that he the Said Jonathan
the Said Sume of Six pounds Eleven Shillings Sterling in the month of June then
next Ensueing the Day aforesaid when he Should be thereunto requested would
well and truely Content and pay Nevertheless the Said Jonathan in his Lifetime
Nor the Said Kathrine and Joshua Since the Death of the Said Jonathan to whom
Letters testamentary of the Esteate of the Said Jonathan Since his Death ware in
due forme of Law Comitted his promise and assumption aforesaid not att all re-
garding but mindeing and fraudulently intending him the Said William in this
behalfe Craftily and Subtilly to deceive and defra[ud] the Said Sume of Six
pounds Eleven shillings Sterling to the Said William hath not paid although the
Said Jonathan in his Lifetime and the Said Katherine and Joshua Since his death
afterwards the Day and place aforesaid and at Severall other dayes and times to
doe the Same by the Said William was often thereunto requested but hath
hitherto refused and the Said Kathrine and Joshua doth Still refuse to the
Damage of the Said William of 12 pounds Sterling and thereof he bringeth his
Suite etc.

William Stone. John Doe, Richard Roe. Pledges.

And the Defendants Kathrine Willson and Joshua Cecell in their propper
persons cometh and defendeth the force and Injury when and prayeth Lycence
to imparle here to the next Court and it is Granted unto them the Same time is
given to the Plantiffe Likewise.

And now here att this day (to witt) the 26th day of September Annoque
Domini 1699 came here as well the Said William Round Plantife by William
Stone his attorney as the Said Kathrine Willson and Joshua Cecell in their Proper
persons Defendants and the Said William Stone Prayeth that the Said Kathrine
Willson and Joshua Cecell to his Declaration aforesaid may answer.

And the Said Joshua Cecell for himselfe and the Said Kathrine in his propper
person cometh and defendeth the force and Injury when etc. and Saith that the
Said William his action against them ought not to have etc. because they Say
they have paid severall debts to Severall People due from the Said deceased by
Judgements obteined against the Deceased in his life time being Debts of a higher
nature then the plantiffs account Sued for and ought to be first Paid and Sattis-
fyed out of the Deceads Esteate (viz.) To Richard Marsham and Ann his wife
administratrix of Henry Brent Deceaced the Sume of 9431 pounds of Tobacco
and £17 11 06d Sterling as by the records of the Provinciall Court appeareth etc.
To Col. John Bigger for the use of Samuell Goosey the Sume of 1532 lbs. of
Tobacco to James Kingsbury the Sume of 1689 lbs. of Tobacco as by the Records
of Charles County Court appeareth and allso that there are more Judgements due
to Severall people obteined against the Said Deceased in his lifetime which yett
remaines unsattisfyed or Paid being Debts of a Hyar nature then the Plantiffs
account Sued for and ought to be first paid and Sattisfyed out of the Said De-
ceaseds Esteat (Viz.) to Edward Anthill the Sume of £29 03 00 as by the records
of the Provinciall Court appeareth etc. and to Elizabeth Wattkinson Executor of
the Last will and Testament of Cornelius Wattkinson Deceased the Sume of 700
pounds of Tobacco as by the records of Callvert County Court appeareth etc.