( 68 )       17^th 7ber  1692
 
Peter. Whaples  Plt                                                   Somerset Ss. Henry Lynch of this County Mer^cht
Contra .                                          }               was attached to answer unto Peter Whaples B
Hen: Lynch . Mer^cht Dft                                Cordwinder in an action upon y^e Case _______
~     ~     ~     ~     ~     ~     ~                            And whereupon y^e Plt by James Sangster
his Attorney Comes and Sayes That whereas C
     Nicholas: Hartner lay in misered cordia by reason of a judgm^t. Obtained agt him & for
Relief of the Same; the Said Hartner did turn Over a Bill of Cap^t. Henry Smiths due to the
Said Hartner from the Said Cap^t. Henry Smith. Now the Said Hartner, now the sd Hartner
did Order the Said deft as Attorney to the said Smith to pay unto the Plt y^e Contents of the
Said Bill which was three thousand fourty five pounds of tobacco, which the said Dft did
assume upon himself & to the plt promise to pay the abovesd Sum, for the use of the said
Hartner, which Said assumption was in Novem^r Court 169= whereupon the plt having accepted
of the said defts assumption, did discharge the Said Hartner in ffebry following, but y^e Said
Henry Lynch dft litle regarding his Said assumption, but fraudulently & craftily intending
to deceive the plt of the said Sum of 3045: pounds of tobacco, hath hitherto denyed paym^t
& yett doth deny though often thereunto required, wherefore the plt Sayes he is damnified
& hath loss to the value of 6090 : pounds of tobacco. & hereupon brings this Suit.
     Ja: Sa. p^r Que^r. pled p^rsor = Jn^o. Doe
           Rich Roe
 
And the Defend^t. by Peter Dent his Atto^rney . Defends the force & injury &ca
and Sayes he did not assume in manne^r & forme as is declared & puts himself on y^e Court
Dent .
And the plt likewise J: Sa.
And This Court puts the matter in hand to a Jury = And therefore Command was given to the
Sheriffe to bring here twelve good & lawfull men of his Balywick that the foresd matter B
might be the better understood a list or pannel whereof are returned as followeth (viz)
Samuel: Handy: John: Parsons: Wm. Warwick. James: Brattin. Moses: ffenton John Heath
Wm: Beddard: Wm. Dempson. Benjamine: Idlett: John. Renshaw. Richard: Tull: ffrancis Martin
12) who being duely Sumoned returned & Sworne upon the holy Evangelists, who having heard
the foresd Declaracon & plea, as also Seen & heard these five Evidences Sworn and examined C
received their Charge & are sent forth to determine y^e matter . _____________________
  Sumd &
Evidences Sworne for y^e plt Miles: Gray; Walter Lane & Henry Hudson & fairly Examined
Evidences Sworne & Exm^d for y^e Dft. Walter: Lane & Henry: Hudson _______
(Nicho: Hartnel)                        for both plt & Dft but did not (appear) in Court