Provincial Court Proceedings, 16 72/3.  65




       Elected tryed and sworne upon their oathes doe say that they finde Liber M M
       for the Defendt with costs of suite, wherefore it is by the Court here
       Considered that the said Wm Boyden Recover agt the said John Atkey
       the sume of nine hundred ninety seaven pounds of Tobacco for his
       costs and Charges in this behalfe vexatiously susteined and the
       said John be in mercy for his false Complaint. Execution issued.

      John Litchington Comand was given to the Sheriff of St Maryes
           agt County that he should take John Maitby late of
       John Maltby St Maryes County Marchant and him safely
       Keepe so that he have his body before the Justices of ye Provincial
       Cort to be held at the Citty of St Maryes the Eleaventh day of
       February next to answere unto John Litchington of a plea of Trespas
       upon the case, at wch said Day came aswell the said John Litchington
       by Kenelm Chiseldine his Attorney as the said John Maltby in his
       propper pson by the Sheriff of ye County aforesd brought to the
       barre, and the said Sheriff now Retornes that he tooke the body of
       the said Defendt, and that he now had him ready, upon wch the said
       Defendt being ordered by ye Cort here to put in speciall bayle in the
       said Cort here to answere the said Accon, and pay the Condemnation,
       or render his body to the Keeper of the prison of the Lord Proprie
       tary if he should in the said accoñ be Convict the said Defendt
       rendered himself e to the prison aforesayd upon wch the said John
       Maltby is by the Court Comitted to the said prison there for to
       remaine untill he shall pforme the said ordr
        John Maltby late of St Maryes Citty Marchant was attached to
       answere unto John Litchington of a plea of Trespas upon the case.
        And whereupon the said John Litchington by Kenelm Chiseldine
       his Attorney complaynes that whereas the said John Maltby the 13th
       day of December in the yeare of our Lord God 1671 at New Yorke
       in the County of New Yorke did in psuance of a certeine Contract
       &c Charter pty, made betweene them the said John Litchington
       Marriner Mr & pt owner of the good ship called the Mary of London
       on the one pty and the said John Maltby by the name of John Maltby
       of Newhaven in New England Marchant on the other pty had given
       and Delivered unto the said John Litchington his bill of Exchange
       according to the use of Marchants to one John Nethway in Fiall
       directed and by the same his bill of Exchange had appointed and
       authorized him the said John Nethway to pay unto the said John
       Litchington the sume of One hundred and Twenty pounds sterling
       at Tenn dayes sight of ye said bill of Exchange, the said John Maltby
       did then and there assume upon himself and in Consideration thereof
       to ye said John Litchington did faithfully pmise that if ye said John
       Nethway should not content satisfy and pay unto ye said John Litch
       ington the said sume of 120l stert at ten dayes sight according to the
       Tenour & Effect of ye said bill of Exchange that he the said John