Provincial Court Proceedings, 1673/4. 213




      Lord Proprietary at the Citty of St Maryes thereunto assigned by Liber M M
      Keneim Chiseldyne his Attorney Came and brought then there in
      the said Court his Certeine action agt one John Maltby in a plea of
      Trespas upon the Case, the Tenor whereof followeth in these words.
      Comaund was given to the Sheriff of St Maryes County that he
      should take John Maltby late of St Maryes Citty Marchant and
      him safely Keepe so that he have his body before the Justices of the
      Provincial Court to be held at the Citty of St Maryes the 11th day
      of ffebruary next to answere unto John Litchington of a plea of
      Trespas upon the Case at wch sd day came aswell the sd John Litch
      ington by Kenelm Chiseldyne his Attorney as the sd Maltby in his
      pp pson by the Sheriff of the County aforesayd brought to the barre,
      and the sd Sheriff now Retornes that he tooke the body of the sd
      Defendt & that he now had him Ready upon wch the sd Defendt
      being ordered by the Court here to put in Special bayle in the sd
      Courte here to answere the sd action & pay the Condemnacon or
      rendr his body to the Keep of the prison of the Lord Proprietary
      if he should in the sd action be Convict the said Defendt Rendered
      himself to the prison aforesayd upon the sd John Maitby is by
      the Court Comitted to the sd prison therefor to Remaine untill he
      shall pforme the said ordr.
        John Maltby late of the Citty of St Maryes Marchant was attached
      to answere unto John Litchington in a plea of Trespas upon the
      Case.
        And whereupon the said John Litchington by Keneim Chiseldyne
      his Attorney Complaineth that whereas the sd John Maltby by the p. 150
      name of John Maltby Marchant by a certeine writing obligatory bear
      ing date the 23th day of November in the 23th yeare of his Majestyes
      Reigne Annoq Domini 1671 did Covenant bargaine and agree with
      one John Quigley by the name of John Quigley of Virginia Marchant
      that the sd John Maltby and one certeine John Nethway or Either
      of them or their ordr should well and truly Deliver to the said John
      Quigley or his ordr at the arrivall of the said ship called the Mary
      of London whereof John Litchington is Comaundr and then Riding
      at Anchor in the Governmt of New Jersey and bound for ffiall and
      thence to Virginia to say fifty Pypes of Marchantable ffiall wines
      to be Rackt and full upon the Receipt whereof the sd John Quigley
      did thereby pmise to pay unto the abovenamed ptyes or their ordr
      the sume of One Thowsand Two hundred pounds of good Mar
      chantable Tobacco and Casque to be punctually Delivered within
      thirty dayes after the said ships arivall in Virginia wthout fraud or
      further delay for the Just and true pformance of wch bargaine or
      Contract they seurally bound themselves their heires Executors Ad
      ministrators in the sume of five hundred pounds sterling to be
      leavyed on the pty that shall not pforme that agreemt as by the said
      writings sealed with the seales of ye sd John Maltby and John Quig