OCTOBER, 1699 COURT 591

And whereupon the Said Joseph and Company by Joshua Cecell their Attor-
ney Complaineth that whereas the Said Richard in his Lifetime that is to Say
the day of in the year of our Lord 169 att Charles Towne within
the Jurisdiction of this Court Stood indebted unto them the Said Joseph and
Company in the Sume of Six hundred and forty pounds of Tobacco being for
Severall goods wares and Merchandizes by the Said Joseph and Company Sold
and Delivered to the Said Richard as by a Perticular account thereof here in
Court produced may more att Large appear And the Said Richard in his Life
time in Manner aforesaid being indebted inconsideration thereof the Said
Richard did assume upon himselfe and to them the Said Joseph and Company
then and there Faithfully Promise that he the Said Richard the Said Sume of 640
lbs. of Tobacco when he Should be afterwards thereunto Requested unto them the
Said Joseph and Company would well and truely Content and Pay Nevertheless
the Said Richard in his Life time his Promise and assumption soe as aforesaid
made little regarding but mindeing and fraudulently intending them the Said
Joseph and Company in this behalfe Craftily and Subtilly to deceive and
defraud the Said Richard in his Lifetime Nor the Said Thomas Since his
Death to whom administration of the Goods and Chatties of _the Said Richard
after his Death was in due Course of Law Committed the Said Sume of 640
pounds of Tobacco or any part thereof to them the Said Joseph and Company
hath not Paid although the Said Richard in his Life time the Day and Place
aforesaid and the Said Thomas Since his Death at Charles Towne aforesaid to
pay the Same to them the Said Joseph and Company hath been often there-
unto requested but the Said Richard in his Lifetime and the Said Thomas Since
his Death the Said Sume of 640 lbs. of Tobacco to Pay to them the Said Joseph
and Company hath denyed and Still doth denye to the Damage of them the
Said Joseph and Company of 1200 lbs. of Tobacco and thereupon they bring
their Suite etc.

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

And the Said Thomas Box by John Meryton comes and defends the force
and Injury when etc. and Prayeth Lycence to imparle here untill the Next Court
and it is Granted unto him the Same day is Given unto the Plantiffs Likewise.

Att which day (to witt) the 26th day of Sept. Annoque Domini 1699. Came
as well the Said Joseph Jackson and Company by Joshua Cecell their Attorney
aforesaid as the Said Thomas Box by his attorney and the Said Joseph Jackson
and Company Prayeth that the Said Thomas Box to their Declaration aforesaid
may answer.

And the Said Thomas Box Administrator of the Said Richard Chaffe by John
Meryton his Attorney comes and defends the force and Injury when etc. And
for plea Saith that the Plantiffs their Action against him to have and Mainteine
ought not for that the Declaration is altogather insuficient to Maineteine the
Same in regard there is noe day of the Month nor date of the Same Sett forth
in the Plan[tiff's] Declaration which is altogather uncertaine wherefore the Said
Defendant Prays Judgement of the Court if the Plantiff his Judgement against
him to have and Maineteine ought but the Same may abate. Meryton for
the Defendant.

Therefore it is Considered that the Said writt be quashed and that the Said
Joseph Jackson and Company take nothing by his Said writt but be in Mercy
but be in mercy for their falce Clamour and the Said Thomas Box goe thereof
without day. etc.