78 PRINCE GEORGES COUNTY

But the Same to doe and performe unto the Said Anthony Although often Re-
quested did denye Whereupon the Said Anthony Saith he is the worse and hath
damage to the vallew of five thowsand pounds of tobacco and thereupon he
brings his Suite etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell for the plantiffe.
And the Said William Powell by William Stone his Attorney Cometh and
defendeth the force and Injury when etc. and prayeth Lycence thereof to Im-
parle untill the next Court and it is granted unto him the Same Day is given
to the plantiffe Likewise.

Att which Said next Court Came the Said Anthony Smart (to witt) the 24th
day of November Annoque Domini 1696 by Cleborn Lomax his Attorney and
the Said William Powell by William Stone his Attorney Likewise Came and the
Said Anthony Smart by his Attorney afforesaid and the Said Anthony Smart
prayeth that the Said William Powell to his Decleration aforesaid may Answer
etc. And now here att this day Came the Said William Powell by William Stone
his Attorney and further defendeth the aforesaid force and Injury when etc. And
Saith that the Said William Powell hath well and truly performed all the Arti-
cles Clauses and Conditions in the Said written Indenture mentioned and Ex-
pressed and of this he putts himselfe upon the Country. William Stone.
And the plantiffe alsoe. Cleborn Lomax.

Therefor it is Commanded the Sheriffe that without delay he Cause to Come
here twelve etc. by whome etc. and who neither etc. to Reconize etc. becaus as
well etc. And now here att this day that is to Say the 24th day of November
Annoque Domini 1696 here Came as well the Said Anthony Smart as the Said
William Powell by their Attorneys aforesaid and the Jurors thereon Impanelled
being [73] Called Likewise Came (Viz.)

James Stoddart foreman, John Chittam, Archibald Edmonson, Samuell Ma-
gruder, Thomas Sprigg, Jr., Joshua Hull, John Demall, John Browne Car-
penter, John Browne Jr., Hugh Ryley, Charles Hay, Thomas Plumer. Sum-
oned per Thomas Greenfeild, Sheriffe.

Who to Speake the truth Concerning the premises being Elected tryed and
Sworne upon their oaths doe Say wee find for the plantiffe Damages four hun-
dred pounds of tobaccoe.

Therefore it is Considered that the Said Anthony Smart doe Recover against
the Said William Powell his damages by occation of breatch of Covenants afore-
said to four hundred pounds of tobaccoe by the Jurors aforesaid in forme afore-
said Assessed and also two thowsand four hundred ninty and four pounds
of tobaccoe to the Said Anthony Smart at his Request for his Cost and Charges
in this behalfe Expended and by the Court here Adjudged etc. And the Said
William Powell in mercy etc.

Att the Request of John Deakins this following Account was ordered to be
Entered upon Record, the Said Account Michaell Ashforth brought in barr of
John Deakins Action in folio 70. (Viz.)

John Deakins Debtor to Michaell Ashforth.

lbs. tobaccoe

To 8 months dyett 800, to one Leavie 202, to a pair Shews 70, to a white
shirt and a blew Ditto 250 ............................................ 1322

To 1 peviston waiscoate 250, to a pair Shews paid for you 50, to tobaccoe paid
Mr. Hagaman for you 250 ............................................ 0550