570 PRINCE GEORGES COUNTY

Likewise require the Said John Pettit to pay unto the Said Henry or Order the
Said Sume of 4 pounds Sterling after twenty dayes of the Said bill the first and
Second of the Same tennor and date not being Paid And the Said Nicholas
afterwards the Day and Place aforesaid in Consideration of the Premisses did
assume upon himself and to the Said Henry then and there faithfully promise
that if the Said John Pettitt the Said three Bills of Exchange or any one of them
Should not Accept and Pay to the Said Henry or his Order according to the
Tennor of the Said Bills that hee the Said Nicholas when after the Said 20
dayes in the Said bills Mentioned Should be required the Said Sume of four
pounds Sterling to the Said Henry would well and truely Content and pay and
the Said Henry in fact Saith that afterwards that is to Say the 12th day of June
in the year of Our Lord 1695 att London aforesaid the Said Henry by his Order
and appountment did Show and offer unto the Said John Pettit the first of the
Said Bills of Exchange the Second and third not being paid and did then and
there require the Said John Pettitt to accept and Pay the Same according to the
Contents thereof but the Said John Pettit the Said bill of Exchange So to him
tendred and Showed to accept and Pay the Same according to the Contents
thereof did then and there absolutely refuse and denye the Same whereupon
the Said Henry Fernely the Said bill of Exchange Soe tendred Shewed and re-
fused to be paid afterwards the Day and place Last Mentioned by Jeremiah
Jenkins Notary and Tabellion Publick dwelling in London in due forme of
Law according to the use of Merchants did protest as by the Said protest here
ready in Court to be produced more att Large may appear And afterwards that
is to Say the 20th day of March in the year 1695 [1696] being after the End of
the Said twenty dayes aforesaid the Said Henry to the Said Nicholas did give
Notice that the Said bills of Exchange ware refused to be accepted or Paid by
the Said John Pettit according to the Contents thereof and thereon in usuall
manner according to the use of Merchants protested Nevertheless the Said
Nicholas his promise and assumption afforesaid not regarding but mindeing
and fraudulently intending him the Said Henry in this behalfe Craftily and
Subtilly to deceive and defraud the Said Sume of four pounds Sterling or any
Part thereof to the Said Henry hath not paid although [482] the Said
Nicholas to doe the Same by the Said Henry the day and place Last mentioned
att Severall other Dayes and times was often thereunto requested but hath
hitherto refuse, and Still doth refuse to the Damage of the Said Henry of Eight
pounds Sterling and thereof he bringeth his Suite etc.

William Stone. John Doe, Richard Roe. Pledges.

And the Said Nicholas by Joshua Cecell his attorney comes and Defends the
force and Injury when etc. and Craves Oyer of the Originall bill of Exchange
and it is Shewne unto him he allso prayeth Lycnece to imparle here untill the
next Court and it is granted unto him the Same time is given to the Plantiffe
Likewise.

Att which day (to witt) the 26th day of September Annoque Domini 1699
here came as well the Said Henry Fernely By William Stone his attorney as the
Said Nicholas Sporne by his Attorney aforesaid and the Said William Stone
prayeth that the Said Nicholas Sporne by Joshua Cecell his attorney cometh and
defendeth the force and Injury when etc. and Saith nothing in Barr of the action
of the Said Henry Fernely Plantiffe whereby the Said Henry Fearnly remaineth
against the Said Nicholas Sporne Defendant without defence.

Therefore it is Considered that the Said Henry Fernely Plantiffe recover
against the Said Nicholas Sporne Defendant as well the Sume of four pounds