584 PRINCE GEORGES COUNTY

Plantiffs the five hundred fifety and three pounds of Tobacco or any part thereof
as the Said Plantiffs hath declared against him and of this he putts himselfe upon
the Court. William Stone.

And the Plantives allso. Joshua Cecell.

[492] Whereupon the Court haveing Fully read and understood the Alliga-
tions of the Parties on both Sides the Said Defendant haveing Produced an ordar
of the Said Jonathan Willson Deceased which he drew upon him for four
hundred and fifety pounds of Tobacco which Order did appear to be Sattisfyed
and Paid by the Said Defendant to Mr. Robert Bradley as by receipt appears.

Therefore it is Considered by the Court that the Said Kathrine Willson and
Joshua Cecell Executors of the Said Jonathan take nothing by their Said writt
but be in mercy for their Falce Clammar and lett the names of the Pledges be
Sought for and that the Said William Greenup goe thereof without day.

Kathrine Willson and Joshua Cecell, Plantiffs: William Herbert Defendant

William Herbert Late of Prince Georges County Carpenter was Atteached
to Answer unto Kathrine Willson and Joshuna Cecell Executors of the Last
will and Testament of Jonathan Willson Late of Prince Georges County of a
Plea of Tresspass upon the Case etc.

And whereupon the Said Joshua for himselfe and the Said Kathrine in his
Propper person Complaineth that whereas the Said William the 24th day of
November in the year of our Lord 1697 att Charles Towne within the Jurisdic-
tion of this Court Stood indebted unto the Said Jonathan in his Life time in
the Sume of one Thousand thirty and Eight pounds of Tobacco being as well
for Six bushells of Wheat and a peck of Naked Oates as allso for Severall
Licquors Ordinary Accomadations by the Said Jonathan Sold and Delivered to
the Said William as by a Perticular account thereof hereunto annexed relation
being thereunto had may more att Large appear and being soe indebted the
Said William inconsideration thereof did assume upon himself and to the
Said Jonathan in his Life time Faithfully promise that he the Said William
him the Said Jonathan the Said Sume of 1038 lbs. of Tobacco when thereunto
requested would well and truely Content and pay Nevertheless the Said William
his promise and assumption Soe as aforesaid made little regarding but mindeing
and fraudulently intending him the Said Jonathan in his Lifetime in that
behalfe Craftily and Subtilly to deceive and defraud the Said Sume of 1038 lbs.
of Tobacco or any Part thereof to the Said Jonathan in his Lifetime or to the
Said Kathrine and Joshua Or to Either of them Since the Death of the Said
Jonathan to whom Execution of the Last Will and Testament of the Said
Jonathan Since his Death hath been Leagally Committed hath not Paid although
the Said William to doe the Same by the Said by the Said Jonathan in his
Life time the Day and Place aforesaid and by the Said Kathrine and Joshua
att Severall dayes and times Since the Death of the Said Jonathan att Charles
Towne aforesaid hath been often thereunto requested but the Said William
the Said Sume of 1038 lbs. of Tobacco to the Said Jonathan in his Life time
and to the Said Kathrine and Joshua Since the Death of the Said Jonathan
hath denyed to Pay and Still doth denye to the Damage of them the Said
Kathrine and Joshua of 1600 lbs. of Tobacco and thereupon they bring this
Suite and they bring into Court the Letters Testamentary etc. that it may the
Plainer appeare etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.