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Which being bÿ ye Court heard & understood It is bÿ them Considered that ye Sd pltf recover agt ye Sd Deft as well ye Sume of one thousand pounds of tobo and four & twentÿ Shillgs Currant moneÿ ye Damages afsd assessed bÿ ye Jurÿ as ye Sume of three hundred Sixtÿ & four pounds of tobo Cost of Suit & ye Deft~ in Mercÿ &ca
the Sd John Courseÿ att Tallbott Countÿ afsd wthin ye Jurisdiction of this Court on ye 15th Daÿ of September ano Dñi 1703 at ye Speciall Instance & request of ye Sd Jon Jordan Sold & Delrd unto ye Sd Jno Jordn: Seaventÿ pds of wooll att 9d pr amounting in ye whole to ye sume of two pounds twelve Shills Six pence Sterg In Condrãon thereof ye Sd John Jordan upon himselfe assumed and unto ye Sd Jon Courseÿ faithfullÿ prmissed yt he ye Sd Jon Jordan ye afsd Sume of 2 when thereunto afterwards required yett notwthstanding ye Sd Jon Jordn: ye Sd Sume of 2 unto ye Sd John Courseÿ according to his afsd promiss & assumption he hath not paid allthoh often Demanded butt ye Same to paÿ he hath Denÿed & refused & Still Doth Denÿ 7ber & refuse & unjustlÿ Detaine to ye Damage of ye Sd Jno Courseÿ ye Sume of 5 6 1703 And thereupon he brings this Suit Earle pr qr Pleds &ca Jon Doe Richard Roe Jon Jordan Dr To 70 And the Sd Deft appear’d & bÿ Benjn Becke his attrÿ praid leave to Imprle untill next Court which was Granted him ye Same Daÿ was Given ye pltf allsoe att wch Sd next Court to witt this 22th Daÿ of Augt 1704 When Comes ye Sd pltf bÿ his attrÿ afsd as allsoe ye Sd Deft bÿ his Sd attrÿ who further Defends ye force & Injurÿ when &ca And for plea Saÿeth yt he Did not assume in that manr & form as ye Sd pltf has Declared in his Sd Declan agt this Deft and of this ye Sd Deft putts himselfe upon ye Countrÿ Becke pr Defce Thereupon Comãnd is Given to ye Sherf of Kent Countÿ yt he Imediatelÿ Cause to Come here twelve &ca bÿ whom &ca who Neither &ca to recognize because as well &ca and ye Sd Sherf Saÿeth yt he hath here readÿ twelve &ca as he was Comãnded to witt William Swettnam and ye rest of ye Jurors in ye precedent accon Specifÿed who being Elected trÿed And Sworn to Saÿ ye truth in ye prmisses Daÿ Saÿ upon their oathes we of ye Jurÿ Doe find for ye Deft & Doe assess fiftÿ pounds of tobo for his Damages & his Cost of Suit Which being bÿ ye Court heard and understood It is bÿ them Considered here this 22th Daÿ of Augt Ano Dñi 1704 yt ye Sd John Courseÿ take nothing bÿ his writt afsd but be in mercÿ for his falce Clamr and yt ye Sd John Jordan goe thereof wthout Daÿ It is allsoe Considered bÿ ye Sd ye same Daÿ & year yt ye Sd Jon Jordan recover agt ye Sd Jon Courseÿ as well ye Sume of fiftÿ pds of tobo ye Damãge assessed bÿ Jurÿ as ye Sume of two hundred nine & Six pounds of tobo for his Cost & Charges laid out & Expended according to ye form of ye Statute
that whereas ye Sd Edward the Second Daÿ of November verte |
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