Provincial Court Proceedings, 1673/4.  215




      aswell the said John Litchington by Kenelm Chiseldyne his Attorney Liber M M
      as the said John Maltby by Vincent Lowe his Attorney and the
      Jurors of that Jury likewise Came to wit Thomas Paine Richard
      Loyd Randall Hanson Marmaduke Semms Henry Hyde George
      Beckwith Richard Ladd Robert Tyler George Johnson William
      Thompson Job Walton and Joshua Doyne who to say the truth in
      the prmises being Elected tryed & sworne upon their oathes doe say
      that they finde for ye pIt Twenty Thowsand pounds of Tobacco
      Damages & Costs of suite wherefore it is by the Court here Con
      sidered that the said John Litchington Recover agt the sd John
      Maltby aswell the sd sume of Twenty Thowsand pounds of Tob
      for his damages in this behalfe susteined as also the sume of six
      hundred and fifty pounds of Tobacco for his Costs and Charges
      about the suite Expended, and the said John Maltby in mercy &c.
        And afterwards to wit the same day before the sd Justices the
      sd Deft John Maltby being Convict by the Judgt of the Court here
      to pay the sd John Litchington aswell the said sume of Twenty
      Thowsand pounds of Tobacco for his Damages by occasion of the
      prmises as also the sume of six hundred and fifty pounds of Tobacco
      for his Costs of suite by him Expended in & about the psecution of
      the sd suite thereupon the sd Deft John Maltby is by the Court
      Comitted to the Keep of the prison of the Lord Propry in Execution
      for ye sd 20000l Tob & ye said 650l Tob Costs their to Remaine
      untill he hath satisfied the sd John Litchington the said sume of
      206501 Tob whereof by the Judgt of the sd Court he is Convicted
      as aforesd.
        By prtence whereof the sd Luke the 7th day of ffebruary in the
      said 41th yeare of the Dominion of Caecilius &c aforesd at the barre
      of the sd Court into his Custody tooke & him so into his Custody
      taken did leade to the prison of him the sd Lord Propry at the planta
      tion of him the sd Luke aforesd in the sd County of St Maryes &
      him the sd John in the prison of him the sd Lord Propry at the
      plantation of him the sd Luke aforesd in the sd County of St Maryes
      in his Custody had in Execution of and for thç sd Debt of 20000l
      of Tob & 650l Tob costs of suite untill the second day of May in
      the 41th yeare afd and him the sd John Maltby so in Execution for
      the sd 20000l Tob & 650l Tob Costs of suite under the Custody
      of the sd Luke then high Sheriff of the County of St Maryes and
      Keep of the prison of the sd Lord Propry being the same Luke p. 152
      afterwards that is to say the same second day of May in the one &
      fortieth yeare aforesayd at Cannow Neck in the County of St Maryes
      aforesd the same John Maltby without leave and against the will
      of him the sd John Litchington out of the Custody of him the said
      Luke suffered to Escape & to goe at Large whether he would the
      sd John Litchington for the sd Twenty Thowsand pounds of To
      bacco & six hundred & fifty pounds of Tobacco costs of suite or any