91

And that m^r Ephraim Wilson came with the sd Bill & demanded

the Same & the Same was offered him to be pd p^r y^e dft by

Way of a Note drawn on him p^r Maj^r Wm Whittington w^ch appears

that upon Ball of y^e sd Note there was more due to the sd Defend^t

from the sd Wilson then the Bill he is Sued for & Saith that the

accon is Vexatious & that he ought to have a Non Sute upon

the Same, & of this puts himself upon the Court

                                  Worthington pro Dft.

  This Bill bindeth me Edward Day of Sommerset County

in the Province of Maryland my Heirs Extors & Adm^rs to pay

or Cause to be pd unto Elizabeth Baker of S^t Maries County

her Heirs Extors Adm^rs or Assigns, the full & just Sum of

Two hundred & Eighty pounds of good Sound Merchantable

leaf tobacco in Caske Convenient in Somerset County at or upon

the tenth day of October the date hereof as Wittness my hand

& Seal this ninth Day of Octob^r. 1691 — — —

Testes //                                            Edw^d Day ❂

              John Valliant

              Joseph Waddington }

              Joseph Wordin

The Dec^l & Bill being Read & y^e whole matter left to y^e

judgm^t of this Court, who give Order agt y^e Dft w^th Cost

of Sute alias Executio . //

Peter Dent. Plt.              Somerset County Ss //

Edward Day Dft }        Edward Day late of Somerset

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

Peter Dent of a Plea of trespass on the Case &ca. & Whereupon

the sd Peter in his Propper Person Complaineth that whereas

the sd Edward y^e 16^th day of March in the year of our Lord 1689/90

at Manokin within the Jurisdiction of this Court was indebted

to the sd Peter in the Sum of three hundred Pounds of tobacco

being for three Attorneys fees in Somerset County Court and y^e

Said Edward to the sd Peter in manner afd being indebted

did assume upon himSelf and to the sd Peter then & there

faithfully promise that he the sd Edward the same to y^e said

Peter would well & truely Content & pay Nevertheless y^e Said

Edward his promise & assumption afd not regarding but

minding & fraudulently intending the sd Peter in this behalfe

to deceive & defraud y^e Same to the sd Peter hath not paid but

hath hitherto refused & doth Still refuse to y^e damage of the sd

Peter of 8000 pounds of tobacco, & thereof he brings his Sute &ca.

                                                                Plegs &ca Jn^o Doe

              Dent Propria p^rsona /                        Rich Roe