OCTOBER, 1699 COURT 573

Att which day (to witt) the 26th day of September annoque Domini 1699
here came as well the Said Daniell Ivey and Henry Arther by William Stone
their attorney as the Said John Chappman by his attorney and the Said Daniell
and Company prayeth that the Said John Chapman to their Declaration above
Said may answer.

And the Said John Chappman by Joshua Cecell his attorney comes and De-
fends the force and injury when etc. and Saith that he did not assume in manner
and forme and putts himselfe upon the Court by consent. Joshua Cecell.

And the Plantiffe allso. William Stone.

Whereupon the Court haveing read and Fully understood the Alligations of
the Parties on both Sides and the Wittnesses on both Sides being Fully heard
by the Assent of the Parties aforesaid. Therefore it is Considered by the Court
that the aforesaid Daniell Ivey and Henry Arther recover against the Said John
Chappman as well the Sume of 1063 pounds of Tobacco his Debt aforesaid as
allso the Sume of 252 pounds of Tobacco Cost of Suite to the Said Plantives
of their Assent by the Court here adjudged and the Said John Chapman De-
fendant in mercy.

[484] Thomas Taney Plantiff: David Small Defendant

David Small Late of Prince Georges County Gentleman was atteached to
answer unto Thomas Taney of a Plea of Tresspass upon the case.

And whereupon the Said Thomas by William Stone his attorney Compleineth
that whereas the Said David the Seventh day of September in the year of our
Lord 1697 Att Charles Towne within the Jurisdiction of this Court was Indebted
unto the Said Thomas in the Sume of three Thousand pounds of Tobacco being
by a note drawne by one James Cranford Gentleman upon the Said David pay-
able to the Said Thomas and accepted with the Propper hand wrighting of the
Said David as by the Said Note here ready in Court to be produced more att
Large may appear and the Said David to the Said Thomas being Soe Indebted
as aforesaid in consideration thereof did assume upon himselfe and to the Said
Thomas then and there faithfully promise that he the Said David the Said Sume
of 3000 lbs. of Tobacco to the Said Thomas when he Should be thereunto re-
quested would well and truely Content and pay Nevertheless the Said David
his promise and assumption aforesaid not regarding but mindeing and fraud-
ulently intending him the Said Thomas in this behalfe Craftily and Subtilly to
deceive and defraud the Said Sume of 3000 lbs. of Tobacco to the Said Thomas
hath not Paid although the Said David to doe the Same by the Said Thomas
afterwards the Day and place aforesaid and at Sever all other dayes and times
was often thereunto requested but hath hitherto refused and Still doth refuse
to the Damage of the Said Thomas of four Thousand pounds of Tobacco and
thereof he bringeth his Suite.

William Stone. John Doe, Richard Roe. Pledges.

And the Said David Small by Joshua Cecell his attorney comes and Defends
the force and Injury when etc. and Prayeth Licence to imparle here untill the
next Court and it is Granted unto him the Same day 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 Thomas Taney Plantiff as the Said David Small
Defendant by their attorneyes afforesaid and the Said Thomas Taney Prayeth
that the Said David Small to his Declaration abovsaid may answer.

And the Said David by Joshua Cecell his attorney comes and defends the