JUNE, 1698 COURT 351

Edward and Dudley Carleton plantiffe: Thomas Tracey Defendant

The plantiffe by William Stone theire Attorney Sues the Defendant in a plea
of Debt for one thowsand and Eleven pounds of tobaccoe etc.

The plantiffes haveing Sued the Defendant as aforesaid the plantiffes by their
Attorne aforesaid prayeth that they may have Spetiall baile to the Action afore-
said by Reason the Defendant hath no Setled habitation in this County and
it is Granted unto them Whereupon the Defendant being in his proper person
here Ready in Court in Custody of the Sheriffe etc. And the Sheriffe now Re-
turneth that hee hath taken the body of the Said Thomas Tracey and the Same
hath Ready here in Court And the Said Thomas Tracey present here in Court
is Committed to the Costody of the Said Sheriffe for Default of manucaptors
there to Remaine untill etc. And hereupon Came into Court Robert Brothers
in his proper person and Undertooke for the Said Thomas Tracey that if it
Should happen the Said Thomas Tracey in the plea aforesaid to be in any
manner Lawfully Convicted then the Said Robert Brothers doe grant for him-
selfe the Debt aforesaid and allsoe all Costs and Damages to the Said Edward
and Dudley Carleton in any manner by the Court here to be Adjudged to be
made and Leavied on his goods and Chatties Lands and tenements to the use
of the Said plantiffes if it Should happen the Said Defendant pay not the
Debt and Costs and Damages aforesaid nor Render his body to the Costody
of the Sheriffe for the Same there to Remaine untill etc.

And the Said Thomas Tracey in his proper person Cometh and Defendeth
the force and Injury when etc. And Saith that he Cannot gainsay the Action of
the Said plantiffes nor but the Said bill is the Deed of the Said Thomas Tracey
nor but that hee Oweth the Said one thowsand and Eleven pounds of tobaccoe
to the Said Edward and Dudley Carleton in forme as the Said Edward and
Dudley Carleton against him hath Declared etc. Therefore it is Considered that
the Said Edward and Dudley Carleton Recover against the Said Thomas Tracey
the Sume of one thowsand and Eleven pounds of tobaccoe their Debt aforesaid
and their Damages by Occation of Deteyning of the Said Debt two hundred
Sixty and Eight lbs. of tobaccoe to the Said Edward and Dudley Carleton of
their Assent by the Court here Adjudged and the Said Thomas Tracey in mercy
etc. provided allsoe that the Said plantiffes doe not Issue forth any Execution
against the Defendant for the Debt and Costs Aforesaid before the tenth day
of October next etc.

[322] Francis Hackett plantiffe: Joseph Letchworth Defendant

Prince Georges County Ss. Joseph Letchworth Late of Prince Georges County
planter was Attached to Answer unto Francis Hackett of a plea of trespass upon
the Case etc.

And whereupon the Said Francis by William Stone his Attorney Complaineth
that whereas the Said Joseph the tenth day of March in the yeare of our Lord
1693 [1694] at Calvert County that is to Say at Charles Towne within the
Jurisdiction of this Court Stood Indebted unto the Said Francis in the Sume of
five hundred pounds of tobaccoe being Soe much tobaccoe due to the Said
Francis upon the ballance of Accounts as by a pertickeler Account thereof here
in Court produced Relation being thereunto had may more at Large Appeare
and the Said Joseph to the Said Francis in manner aforesaid being Indebted
Inconsideration thereof did Assume upon himselfe and to the Said Francis
then and there Faithfully promise that he the Said Joseph him the Said Francis
the Said Sume of 500 lbs. of tobaccoe when he Should be thereunto Requested