214       Provincial Court Proceedings, 1673/4.

         Liber M M   ley fully appeareth and whereas the sd John Litchington afterwards
                 to wit the 29th of Novemb aforesd in ye yeare afd did at the speciall
                 Instance & Request of him the sd John Maltby by a Certeine writing
                 obligatory whose date is the day and yeare aforesd for the greater
                 security & true pformance of the sd bargaine and agreemt the said
                 John Litchington to the sd John Quigley together with the said
                 John Maltby at the Request of the same John Maltby graunted
                 himself to be holden to the sd John Quigley in the sume of five hun
                 dred pounds sterling with Condicion for pformance of the sd agreemt
                 & himself agt the sd John Quigley in pledge put for the sd five hun
                 dred pounds sterling to be pd unto the sd John Quigley upon Non
                 pformance of the sd bargaine wch sd Contract so as aforesd made
                 betweene the sd John Maitby & the sd John Quigley the sd John
                 Maltby principall Dr at the arivall of the sd ship the sd fifty pypes
                 of wyne according to the Condition did not Deliver but the same to
                 him to deliver altogether refused whereby the same John Quigley
                 afterwards to wit the ninth day of October in the 41th yeare of the
                 Dominion of Caecilius &c Annoq Domini 1672 at the Citty of
                 St Maryes by a Certeine plaint agt the sd John Litchington before
                 his Lopps Justices of the Provincial Court leavyed for ye sd 500l by
                 vertu of wch plaint the sd John Litchington was by a writ issued out
                 of the sd Provincial Court Retornable the Eleaventh day of Decem
                 ber to the Sheriff of St Maryes County Directed was by the said
                 Sheriff arrested for ye sd debt of 500l stert and by vertu of the
                 same the said 500l stert to ye sd John Quigley payd and gave satis
                 faction therefore, Neverthelesse the same John Maltby although
                 often Requested him the sd John Litchington agt the sd John Quigley
                 for the sd 500l stert whereof he put himself pledge agt the same for
             p. 151  the same John Maltby hath not acquitted but him to acquit gain
                 sayd and him hitherto acquit gainesaith whereupon the sd John
                 Litchington is Damnifyed and hath damage to the vallue of five
                 hundred pounds sterling and thereupon he bringeth his suite.
                   And the said John Maitby by Vincent Lowe his Attorney cometh
                 and defendeth the force & Injury &c and saith he is in no wise
                 guilty of the prmises in such manner & forme as the said John
                 Litchington hath by his Declaration objected agt him and of this
                 he puts himself upon the Country and the said John Litchington
                 likewise
                   Therefore Comaund is given to the Sheriff of St Maryes County
                 that he Cause to Come before the Justices of the Provincial Court
                 at the Citty of St Maryes on the Eleaventh day of ffebruary next
                 being the first day of the same Court, Twelve &c by whome &c who
                 neither &c because aswell &c to Recognize &c & the same day is given
                 to both ptyes
                   At which day that is to say the 11th day of ffebruary in the 41th
                 year of the Dominion of Caecilius &c annoq Domini 1672 Came