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late of Kent Countÿ Deceased of a plea yt he rendr him ye full & Just Sume of three thousand Six hundred ninetÿ & two pounds of good Sound merchantable leafe tobo & Cask: which from him he unjustlÿ Detaines, as pr ye rest of the Declan filed in this Court in Due form fullÿ apprs./ And now here this 28th Daÿ of March afsd comes ye Sd Deft & Saÿeth yt he Cañnot Gainsaÿ ye pltf (inhisSd Capicitie) in ye accon afsd Soe as afsd at him brought. & is therefore willing yt Judgt be Intred &ca Which being bÿ ye Court heard & understood It is bÿ them Considered this twentÿ Eight Daÿ of March anno Dñi 1704 yt ye Sd Elias King in his afsd Capacitie recover at ye Sd John Whittington as well ye Sume of three thou= = sand Six hundred ninetÿ & two pounds of tobo ye Debt afsd as ye Sume of two hundred & nineteen pounds of tobo Cost of Suit & ye Deft in mercÿ &ca
& undertook to baile this accõn according to act of assemblÿ, & thereupon The Sd Deft bÿ Edward Bonwicke his attrÿ praÿed leave to Imprle thereunto untill next Court wch he had ye Same was Given ye pltf Att [which Said?] next Court to witt this 28th Daÿ of March 1704 comes the Sd pltf and pr his Delan (filed according to ye rules of this Court bÿ Michael Earle his attrÿ) offers himselfe at ye Sd Deft in ye plea of Sd but ye Sd Deft |allthough Sollemnlÿ Called) Cometh not, neither Doth he file anÿ Defence to Sd acc, and Edwd Bonwicke here in Court being attrÿ for ye Sd pltf Saÿ yt had noe Instructions from his Sd Clÿent wherebÿ to make anÿ Defence Whereupon ye Sd pltf bÿ his Said attrÿ praÿs Judgt &ca Which being bÿ ye Cour heard It is bÿ ye Justices Considered here ye Daÿ & year afsd yt ye Sd [illegible] recovr at ye Sd Robt Willkinson as well ye Sume of two hundred fiftÿ & Seaven pds of tobo ye Cost afsd as ye Sume of two hund Sixtÿ and five pds of tobo Cost of Suit
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