212       Provincial Court Proceedings, 1673/4.

         Liber M M  have of the sd Luke the sd One hundred & Twenty pounds sterling
                 & six hundred and fifty pounds of Tobacco notwthistanding WCh the
                 sd Luke though often Requested the sd sume of 120l sterl & 650l of
                 Tobacco hath not payd to the sd John Litchington but the same
                 to him to pay hath altogether refused and still doth Refuse where
                 upon he saith he is Damnifyed and hath losse to ye vallue of One
                 hundred and fifty pounds sterling & thereupon he bringeth his suite.
                  And the sd Luke Gardner by Robert Carvile his Attorney Cometh
                 & Defendeth the force & injury when &c and sayth that he the sd
                 Luke doth not owe to him the sd John the sd sume of One hundred
                 and Twenty pounds sterling & six hundred and fifty pounds of
                 Tobacco or any penny or pt thereof in manner & forme as the sd
                 John hath above Declared agt him, and of this he puts himself upon
                 the Country and the sd John Litchington likewise
                  Therefore Comaund is given to the Coroner of St Maryes County
             p. 149 that he cause to Come before the Justices of the next Provincial
                 Court, to be held at the Citty of St Maryes the Tenth day of ifebru
                 ary next being the first day of the said Court twelve &c by whom &c
                 who neither &c because aswell &c to Recognize &c and the same day
                 is given to both ptyes.
                  At wch day that is to say the Tenth day of ffebruary in the 42th
                 yeare of the Dominion of Caecilius &c Annoq Domini 1673 Came
                 aswell the said John Litchington by Kenelm Chiseldyne his Attorney
                 as the said Luke Gardner by Robert Carvile his Attorney and the
                 Jurors of that Jury likewise Came to wit William Stevens William
                 Boarman Robert Henley William Groome James Bowling Daniel
                 Clocker Henry Bonner Walter Hall Thomas Momford John Brooke
                 Leonard Green and John Shankes who to say the truth in the prmises
                 being Elected tryed and sworne upon their oathes doe say that they
                 finde for the Defendt with Costs of suite, wherefore it is Considered
                 by the Court here that the sd Luke Gardner recover agt the sd John
                 Litchington the suihe of pounds of Tobacco for his
                 Costs and Charges in this behalfe Expended and the said John Litch
                 ington in mercy &c.

                John     Litchington Luke Gardner gentl Sheriff of the County of St
                    agt Maryes was suthoned to answere unto John Litch
              Luke Gardner  ington in a plea that he Rendr unto him the sume
                            of Twenty Thowsand six hundred and fifty
                            pounds of Tobacco wch to him he oweth and
                            unjustly Deteineth &c.
                  And whereupon the said John Litchington by Kenelm Chiseldyne
                 his Attorney saith that whereas the sd John Litchington formerly
                 that is to say at a Provincial Cort held on the Eleaventh day of
                 ffebruary in the 41th yeare of the Right honoble Caecilius absolute
                 Lord and Proprietary of this Province before the Justices of the said