OCTOBER, 1699 COURT 589

the Said Sume of 800 lbs. of Tobacco to the Said James in his Lifetime or to
the Said John Chappman Since his Death to whom Execution of the Last Will
and Testament of the Said James Since his Death hath been Leagally Com-
mitted according to the Promise of the Said Mary whilst She was Sole as afore-
said hath not Paid Although the Said Mary whilst She was Sole to doe the Same
to the Said James in his Lifetime and the Said John Hill and Mary Since the
Espowsalls between them had and Celebrated by the Said John Chapman Since
the Death of the Said James (to witt) the 10th day of May in the year of our
Lord 1699 att Charles Towne aforesaid was thereunto requested but the Same
to pay hath denyed and Still doth denye to the Damage of the Said John
Chapman of 1600 lbs. of Tobacco and thereof he brings this Suite etc. And the
Said John Chapman brings into Court the Letters Testamentary etc. that it
may the Plainer appear etc.

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

And the Said John Hill and uxor by William Stone their Attorney comes and
defends the Force and Injury when etc. and Prayeth Lycence thereof to imparle
here untill the next Court Comeing and it is Granted unto them the Same Day
is given to the Plantive Likewise. Att which day to witt the 26th day of Sep-
tember Annoque Domini 1699 here came as well the Said John Chapman
Plantife as the Said John Hill and uxor by their Attorneys afore Said and the
Said John Chapman Prayeth that the Said John Hill and uxor to this Declara-
tion afore Said may answer.

And the Said John Hill and uxor by William Stone their Attorney Comes
and defends the force and Injury when etc. and Saith that the Said John Hill
and uxor did not assume in manner and forme [aforesaid] and putts him selfe
upon the Court. William Stone.

And the Plantiff also. Joshua Cecell.

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 afforesaid.

Therefore it is Considered by the Court that the Said John Chapman Plantiffe
take nothing by his Said writt but be in Mercy for his Falce Clamor. And lett
the names of the Pledges be Sought for and the Said John Hill and uxor goe
thereof without day etc.

Then did the Court adjourne till to morrow Morneing Eight of the Clock
and then mett and Satt.

William Wattson desiers his marke may be recorded as (viz.) the right Ear
Crapt the left a Crap an under Keel and an over Square both Cattle and hoggs.

[496] Present, Mr. William Hutcheson, Mr. Robert Bradley, Mr. Robert Tyler,
Mr. John Hawkins, Mr. Robert Wade, Mr. Samuell Magruder, Mr. Thomas
Sprigg, Mr. James Stoddart, Commissioners.

Ordered that Mr. William Barton make a demand of Mr. Thomas Green-
feild for the Sume of Tenn Thousand Eight hundred and twenty pounds of
Tobacco Adjudged by the Provintiall Court to be reembursted by him to this
County and that he make a returne thereof by to morrow Morneing Eight of
the Clock.