MARCH, 1696/7 COURT 173

Edward and Dudly Carleton plantiffe: Edward Batson Defendant
The plantiffes Obtained his Majesties writt of Capias out of this Court
against the Defendant of a plea of trespass upon the Case by vertue of which
Said writt the Sheriffe of Prince Georges County have brought the body of the
Defendant here into Court to Answer etc. And whereupon the plantiffs Attor-
ney prayeth that he may have Spetiall baile to the Said Action and it is granted
unto him. And the Said Edward Batson present here in Court is Committed to
the Costody of the Sheriffe for default of Manucaptors there to Remaine untill
etc.

Josias Towgood plantiffe: William Ludell Defendant

Prince Georges County Ss. William Ludell late of Prince Georges County
planter was Attached to Answer unto Josias Towgood of a plea of trespass upon
the Case etc.

And whereupon the Said Josias by John Meriton his Attorny Complaineth
that whereas the Said William the 28th day of January in the yeare of our Lord
1696/7 at Charles Towne within the Jurisdiction of this Court Stood Indebted
unto the Said Josias in the Sume of Eight hundred and fifty pounds of tobaccoe
being soe much tobaccoe that he the Said William did promise and Assume
upon himselfe to pay unto the Said Josias for one [155] John Willkinson
and one Francis Prick as by a pertickeler Account thereof hereunto Annexed
Relation being thereunto had may more at Large Appeare and the Said William
to the Said Josias in manner aforesaid being Indebted Inconsideration thereof
did Assume upon himselfe and to the Said Josias then and there faithfully
promise that he the Said William him the Said Josias the Said Sume of 850 lbs.
of tobaccoe when he Should be thereunto Requested would well and truly
Content and pay Nevertheless the Said William his promise and Assumption
Soe as aforesaid made Little Regarding but minding and Fraudulently Intend-
ing him the Said Josias in this behalfe Craftily and Subtilly to Deceive and
Defraud the Said Sume of 850 lbs. of tobaccoe or any part thereof to the Said
Josias hath not paid Although the Said William to doe the Same by the Said
Josias Afterwards the Day and place aforesaid was often thereunto Requested
but the Same to pay hath hitherto denyed and Still doth denye to the Damage
of the Said Josias of 1500 lbs. of tobaccoe and thereupon he brings his Suite etc.

Pledges etc. John Doe, Richard Roe. John Meriton.

William Ludell Debtor to Josias Towgood January 28th 1696/7.
To your Assumption to pay me for John Wilkinson ....................... 450

To your Assumption to pay me for Francis Prick .......................... 400

850

Came Josias Towgood in open Court and made oath that the above is a true
and Just Account and that he Never Received any part or parcell thereof.

Joshua Cecell Clerke.

And whereas the Said plantife have Caused a Coppy to be of the Decleration
by the Sheriffe to be Left with the Defendant at the time of Serving the writt
which was Eight dayes before this Court Whereupon the Said plantiffe prayeth
that the Said Defendant to his Decleration aforesaid may Answer etc. According
to Act of Assembly in that Case made and provided etc. Whereupon the Said
William Ludell by Cleborne Lomax his Attorney Cometh and defendeth the
force and Injury when etc. and Saith that the Said William Ludell did not