OCTOBER, 1699 COURT 577

Treacys Esteat indebted unto Hugh Fergison in the Sume of Seven Hundred fiffty
and Six pounds of Tobacco.

Christopher Beanes, Paul Bewsey.

Therefore it is Considered that the aforesaid Hugh Fergison Plantiffe doe re-
cover against the Said David Small Administrator of the Goods Chatties and
Credditts of Charles Treacy Deceased as well the Sume of Seven hundred Fiffty
Six pounds of Tobacco his Debt aforesaid as allso the Sume of two hundred and
Eighty pounds of Tobacco for his Cost and Charges of Suite to the Said Hugh
Fergison Plantiff of his Assent by the Court here adjudged out of the Goods and
Chatties whereof Charles Treacy att the time of his Discease in the hands of the
Said David Small to be administred if he hath Soe much thereof in his hands to
be administred and the Said David Small in mercy, etc.

Hides Executors Plantiff: Nicholas Baker Defendant

Nicholas Baker Late of Prince Georges County otherwise called Nicholas Baker
of Callvert County in the Province of Maryland was Summoned to answer unto
Bartholomew Goff and Johannah his Wife Executrix of the Last Will and Testa-
ment of Thomas Hide Deceased of a Plea that he render unto them the Full
whole and Intire Sume of one Thousand one hundred Ninety and Eight pounds
of good Sound Merchantable Tobacco which from them he unjustly Deteineth
etc.

[487] And whereupon Bartholomew and Johannah by William Stone their at-
torney Saith that the Said Nicholas the 12th day of July in the year of our Lord
1698 att Callvert County that is to Say att Charles Towne within the Jurisdiction
of this Court by his Certain Bill or wrighting obligatory which the Said Thomas
Hide in his Life time with the Scale of the Said Nicholas Signed bringeth here
into Court the Date whereof is the Day and year aforesaid wherein the Said
Nicholas acknowledged himselfe to be bound unto the Said Thomas Hide in his
Life time in the full whole and Intire Sume of one Thousand one hundred
Ninety and Eight pounds of good Sound Merchantable Tobacco to be paid
upon all Lawfull demands after the tenth day of October then Next Ensueing
the Date of the Said bill obligatory aforesaid if in abillity to doe it if not to be
Paid as Soon as Please God to make the Said Nicholas able and the Said
Bartholomew and Johanah in Fact Saith that it hath Pleased God afterwards
the Day and Place aforesaid that is to Say the 28th day of March 1697 att the
Place aforesaid to make the Said Nicholas of abillity to Pay the Same yet Never-
theless the Said Nicholas the Said Sume of 1198 pounds of Tobacco as afforesaid
although often demanded the Same to the Said Thomas Hide in his Life time
or to the Said Johanah Since the Death of the Said Thomas Hide whilst she was
Sole to whom Letters Testamentary of the Esteat of the Said Thomas Hide after
his Death ware in due forme of Law Committed or to the Said Bartholomew and
Johanah Since the Marriage between them had and Solemnized or to Either of
them hath not rendred but hath hitherto denyed and Still doth denye to the
Dammage of the Said Bartholomew and Johanah of 1900 lbs. of Tobacco and
thereof they bring their 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 Saith that the Said Plantiffs Declaration is
Altogather insufficient in Law to meinetaine their action aforesaid and that the
Declaration aforesaid in manner and forme Made and declared he hath noe
Need neither by the Law of the Land is he bound to Answer and for causes