OCTOBER, 1699 COURT 575

assume in manner and forme and putts himselfe upon the Court by Con-
sent. Joshua Cecell

And the Plantiff 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 and the wittnesses
on both Sides being fully heard by the Assent of the Parties on both Parties
aforesaid etc.

Therefore it is considered by the Court that the aforesaid Jonathan Mottershed
Plantiffe doe recover against the Said William Dent Defendant as well the Sume
of five hundred pounds of Tobacco his Debt aforesaid as allsoe the Sume of two
hundred Sixty four pounds of costs of Suite to the Said Plantiff of his Assent
by the Court here adjudged and the Said William Dent Defendant be in mercy.

Henry Willis Plantiffe: Treacys Administrator Defendant

The Plantiff by William Stone his Attorney brought his Majesties Writt against
the Defendant in a Plea of Tresspass upon the case it being for one thousand forty
and two pounds of Tobacco Due by a Noat under the hand of the Said Treacy,
against which the Defendant Mr. David Small administrator of the Said Treacy
alleadged there was an account due in Barr of the Said Debt Whereupon it was
Concluded by the Court to assigne them auditors to hear and adjust accounts
between him and the afforesaid Plantiffe according to an Ordinance of Assembly
in Such cases made and provided, that is to Say Mr. Robert Bradley and Mr.
James Stoddard and to returne their auditt by the next Court Mr. Cecell the De-
fendants attorney being in the Mean time obleidged to Procure the rates of Lic-
quors out of Callvert County records as they ware Assest att the time the account
became Due.

Robert Mason Plantiff: William Stimpson Defendant

William Stimpson Late of Prince Georges County Carpenter was atteached to
answar unto Robert Mason of a Plea of tresspass upon the Case etc.

And whereupon the Said Robert by William Stone his Attorney Compleineth
that whereas the Said William the first day of January in the year of our Lord
1697 [1698] at Charles Towne within the Jurisdiction of this Court was Indebted
unto the Said Robert in the Sume of two Thowsand four Hundred thirty and
four lbs. of Tobacco being Soe much due to the Said Robert from the Said
William upon Ballance of accounts betweene them the Said Robert and William
as by a Perticular account thereof here ready in Court to be Produced relation
being thereunto had more att Large may appear And the Said William to the
Said Robert being Soe Indebted as as aforesaid in consideration thereof did
assume upon himselfe and to the Said Robert then and there Faithfully Promise
that he the Said William the Said Sume of 2434 pounds of Tobacco to the Said
Robert when he Should be thereunto requested would well and truely content
and Pay Nevertheless the Said William his Promise and assumption afforesaid
not regarding but mindeing and fraudulently intending him the Said Robert in
this behalfe Craftily and Subtilly to deceive and Defraud the Said sume of 2434
pounds of Tobacco to the Said Robert hath not Paid although the Said William
to doe the Same by the Said Robert afterwards the Day and place aforesaid was
requested but hath hitherto refused and Still doth refuse to the Damage of the
Said Robert of 3000 lbs. of Tobacco and thereof he bringeth this Suite etc.

William Stone. John Doe, Richard Roe. Pledges.