210


                 Provincial Court Proceedings, 1673/4.

         Liber M M  in the County of New Yorke did in psuance of a Certeine Contract
                 and Charterpty made betweene them the sd John Litchington Mar-
                 rifler Master & Pt owner of the good ship Called the Mary of London
                 of the one pty and the sd John Maltby by the name of John Maltby
                 of New haven in New England Marchant on the other pty had given
                 & Delivered unto the sd John Litchington his bill of Exchange ac
                 cording to the use of Marchants to one John Nethway Marchant in
                 ffiall Directed, and by the same his bill of Exchange had apointed
                 and authorised him the sd John Nethway to pay unto him the sd
                 John Litchington the sume of One hundred & Twenty pounds sterling
             p. 147 at ten dayes sight of the said bill of Exchange, the said John Maitby
                 did then & there assume upon himself, and in Consideracon thereof
                 to the said John Litchington did faithfully pmise that if the sd
                 John Nethway should not Content satisfy & pay unto the sd John
                 Litchington the sd sume of 120l stert at Tenn dayes sight according
                 to the Tenor & Effect of the said bill of Exchange that he ye sd John
                 Maltby the sd suffie of 120l stert to him the sd John Litchington
                 when thereunto Required would well & truly Content & pay, and
                 the said John Litchington in fact saith that he the said John Litch
                 ington did shew the 27th day of January 1671 the sd bill of Exchange
                 of 120 Stert unto the sd John Nethway & Required him the sd John
                 Nethway to pay the sd sume of 120l stert according to the Tenor of
                 the said bill of Exchange wch sd bill of Exchange the sd John Neth
                 way wholy Refused and Denyed to accept & pay whereby action hath
                 accrued to the sd John Litchington to Require & have of the sd John
                 Maitby the sd 120l Stert, Notwthstanding ch the sd John Maltby
                 his sd pmise & assumption as aforesd made little reguarding but
                 Devising and fraudulently intending him the sd Litchington the sd
                 120l sterling to Defraud and Deceive the sd 120l stert though often
                 Required to him the sd John Litchington according to his promise
                 hath not payd but the same altogether Denyes
                   And the said John Maitby by Vincent Lowe his Attorney Cometh
                 & Defendeth the wrong & Injury when &c and saith that he did not
                 assume & pmise in manner & forme as the sd John Litchington hath
                 above Declared agt him & of this he puts himself upon the Country
                 and the sd John Litchington likewise.
                   Therefore Comaund is given to the Sheriff of St Maryes County
                 that he Cause to Come before the Justices of the next Provincial
                 Court to be held at the Citty of St Maryes the 11th day of ffebruary
                 next being the first day of the same Court; Twelve &c by whom &c
                 who neither &c because aswell &c to Recognize &c & the same day is
                 given to both ptyes.
                   At wch day that is to say the 11th day of ffebruary in the 41th yeare
                 of the Dominion of Caecilius &c Annocp Domini 1672 Came aswell
                 the sd John Litchington by Kenelm Chiseldyne his Attorney as the
                 sd John Maltby by Vincent Lowe his Attorney & the Jurors of that