48

And whereupon the Said Lawrence by Robert Pirrie his Attorney Complaineth

that whereas the sd John, the year of our Lord 1693 in Snow hill within

the Jurisdiction of this Court became indebted unto the sd Lawrence in

the Sum of Eight hundred pounds of tobacco for one whole years Rent

of Land leased & rented out by the sd Lawrence unto the sd John and by

the Said John posest, and the sd John in manner afd being indebted

in Consideration thereof did assume upon him Self & unto the sd Lawrence

faithfully promise that he the sd John the sd Sum of 800 lb of tobacco

when he should be thereunto requested would well & truely Content

& pay. Nevertheless the sd John his promise & assumption aforesd

not regarding but minding & fraudulently intending him the said

Lawrence in this behalf Craftily & Subtily to deceive & defraud y^e

Said 800 pounds of tob. to the sd Lawrence hath not paid although

thereunto requested but hath hitherto refused & doth still refuse to

the damage of the sd Lawrence of 1600 pounds of tob. & thereupon

he brings this Sute &ca.                    {Jn^o Doe

              Pirrie p^r Que^r. Plegs p^rsect               Rich Roe }

And the Defend^t by Sam Worthington his Attorney Comes & Saith

tnat he is not indebted in manner & forme as is declared for and

puts him Self upon the Court. Worthington [p^ro] Dft.

        And the Plt by Robert Pirrie his Attorney comes & Saith that

        he is indebted in manner & form as is declared & of this he

        putteth himself upon the Court also. Pirrie [p^ro] Plaintiffe.

The issue being joynd as afd the totall proceedings thereon –

being by y^e Wor^ll Justices fully Considered doe Order a Non Sute

agt the plt with Cost alias Executio. //

Ellis Coleman Plt.O O O O O O O

John Pope Plaintiffe } Ellias Coleman of Somerset County

Ellis Coleman Dft                      was attached to answer unto John

~ ~ ~ ~ ~ ~ ~                   Pope of the Same County Planter

of an accon of the Case &ca. — And whereupon the sd John by Sam

Worthington his Attorney Comes & Saith that whereas the sd Ellias

by a Note from under the hand of his Wife Damarias on the 16^th

day of July in the year of our Lord 1692 at Snow hill within the

Jurisdiction of this Court became indebted unto the John in the just

Sum of four hundred pounds of Merchantable tobacco to be paid upon

demand & the sd Ellias being indebted in manner & form as afd did

upon himself assume & faithfully promise that the afd Sum of tob

he would well & truely Content & pay when thereunto required —

Nevertheless the sd Ellias nor Damaris his Wife the Said Sum of

[400 lb] of tobacco to the said John hath not paid but the Same hath

refused to doe to the great damage of the sd John of Eight hundred

     // // // // //