56

Robert Pirrie late of Somerset County was attached to answer unto James Round

Gent of a plea of Trespas on the Case &ca And whereupon the sd James

by Peter Dent his Attorney Complains that whereas the sd Robert the 9^th

day of 9ber in the year of our Lord 1693 at the Sea Side within the Jurisdiction

of this Court was indebted to the Said James in the Sum of one thousand

Seven hundred fourty three pounds of tobacco for the Ball of a Certain acco^t

for Sundry goods & Merchandizes as by the sd acco^t may appear And the sd

Robert to the Said James in manner afd being indebted did assume upon

him Self & to the sd James faithfully promise that he the sd Robert the –

Same to the sd James would well & truely Content & pay Nevertheless the

Said Robert his promise & assumption afd not regarding but minding &

fraudulently intending the Said James in this behalf to deceive & defraud

the Said Sum of 1743 Pounds of tobacco to the sd James hath not paid but

hath hitherto refused & doth Still refuse to the damage of the sd James of

three thousand pounds of tobacco & thereof he brings his Sute &ca.

                                           Dent p^r Que^r Pleg^s &ca {Jn^o Doe

                                                                                      Rich Roe }

And the Dfend^t p^r Sam Worthington his Attorney Saith that he ought to have

a p^rticular acco^t of the whole goods delivered & not to have an article of

eleven hundred & two pounds of tobacco charged brought from fo 26½ w^ch –

he doth desire y^e book to be here to prove that acco^t of 1102 & of that –

puts himself upon the Court             Worthington pro Dft

          And the Plt putts himself on the Court also Dent //

            The Declⁿ & plea being read & y^e acco^t produced it was the –

          opinion of this Court the plea afd Sufficient & thereupon this Court

          Orders a Non Sute agt the plt w^th Cost alias Executio // acco^t fyle

William Matthews Plt Somerset Ss. Ambrose London alias

Ambrose London Dft }          Maj^r Ambrose London late of Somerset

~ ~ ~ ~ ~ ~ ~ ~              County was attached to answer unto

                                                         William Matthews of an action of y^e Case

And whereupon the sd William by Robert Pirrie his Attorney Saith that whereas

the Said Ambrose afd in y^e year of our Lord 1687 at Annamessex within the

Jurisdiction of this Court became indebted unto the sd William in the just

Sum of eleven hundred pounds of tobacco in part of pay of a Certain Servant

Sold & delivered by the sd William unto the Said Ambrose, and the sd Ambrose

the sd Sum of tobacco as afd did assume upon himself & faithfully promise

that he the sd Tobacco would well & truely Content & pay Nevertheless the sd

Ambrose the afd tobacco to the sd Wm hath not paid although to doe the Same

he hath been requested but hath hitherto denyed & doth Still deny to the

damage of the sd Wm of 2200 pounds of tobacco & thereupon he brings

his Sute                                                                         Jn^o Doe

                            Pirrie p^r Que^r // Pleg p^rsec &ca       Rich Roe

And the Deft by Sam Worthington his Attorny Saith that he is not indebted

to the sd plt, in manner & forme as p^r Decl is Sett forth & put himself

upon the Court, Worthington p^r Dft.

And the plt Saith he is indebted according to declⁿ in manner & forme & of

this he puts himself upon the Court also Pirrie