( 70 )

In y^e year of o^r Lord 1691 at Snow hill within the Jurisdiction of this Court by a Certain Writeing

which the Said John: Pope under y^e hand & Seal of the Said John: Swain bringeth here into Court y^e date

whereof is y^e day & year aforesd acknowledged himself to be bound to the sd John: Pope in the full and

just Sum of Eight hundred & twenty pounds of tobacco & Caske &ca. to be paid to the Said John at or upon

y^e 10^th day of October next ensueing y^e day of the date of the sd Bill or Writeing Nevertheless the Said

John: Swain the Sd Sum of 820 pounds of tob as aforesd according to y^e tenour of the sd Bill or Writeing

to the sd John: Pope he hath not paid nor any part thereof although the Said John: Swain to doe y^e Same by y^e

to John: Pope hath been often requested, but hath hitherto refused & doth still refuse to y^e damage of y^e

Said John: Pope of 1640: Pounds of tobacco & thereupon he brings his Sute &ca.

                                                         Pirrie p^r Que^r. Plegs &ca  {Jn^o:Doe

                                                                                                     Rich:Roe }

     Febry y^e 16^th 1691.

     Know all men by these presents that I John: Swain in the County of Somerset Sawyer doth Confess &

     acknowledge my Self to owe and Stand justly indebted unto John: Pope in the County aforesd Planter

     to His Heirs Extors Adm^rs or Assigns the full & just Sum of Eight hundred & twenty pounds of tob

     & Caske Sound & Merchantable to be paid at or upon y^e 10^th-day of October next ensueing at Some

     Convenient Landing upon Pocomoke River & for the true p^rformance hereof I doe hereunto bind my

     Self my Heirs Extors and Assigns. As Witness my hand & Seal the day & year above mentioned.

Signed Sealed & delivered in y^e p^rsense of                                  John: JS. Swaine ❂ Sealed _____

     Wm: Custis                                                                                            his marke

     Mary: M Swaine                          The Dfts Atto^rney Dent Confest judgm^t for five hundred & fourty pounds of

         her marke.                                tobacco, the ballance of sd Bill. The Court grants Order for y^e same w^th Cost &ca

Andrew: Whittington. Plt.                      Somerset Ss /

                 agt                           }            William: Onorton of this County Planter was attached to answer

William: Onorten Dft —                           unto Andrew Whittington of the Same County Innholder of a plea

~ ~ ~ ~ ~ ~ ~ ~ 

Of the Case &ca. — And whereupon the Said Andrew by Sam: Worthington his Atto^rney Complains that

Whereas the Said Wm: Onorton, On the tenth day of March 1687/8. at Pocomoke within the Jurisdiction of this

Court became indebted to the Said Andrew in the just Sum of One hundred thirty & five lb tob. being for

Sundry accomodations & expences had & expended as p^r a p^rticular acco^t. hereunto anexed as doth and may

appear And the sd Wm: Onorton the sd Sum of 135: Pounds of tobacco to the sd Andrew in manner aforesd being

indebted, did assume upon himself & faithfully promise that he would well & truely Content & Satisfie Never-

the less the said Wm: fraudulently & Craftily intending the plaintiffe to deceive of the sd Sum of 135 =

Pounds of tobacco hath not paid & hitherto doth refuse to pay to y^e great loss & damage of y^e sd Andrew of

1600 Pounds of tobacco And thereupon he brings this Sute &ca

                                                         Worthington p^r Que^r // Pleg^s {Jn^o.Doe

                                                                                                           Rich:Roe}

              The Dfts Atto^rney (viz) Robert Pirrie, in Open Court Confest judgm^t for y^e [Same] declared

              for (viz) for 135: Pounds of tobacco // the Court grants Ord^r for y^e Same w^th Cost &ca.