66  Provincial Court Proceedings, 1672/3.




         Liber M M   Maltby the said sothe of 120 l steri to him the said John Litchington
                 when thereunto required would well truly content & pay, And the
                 said John Litchington in fact saith that he the said John Litchington
                 did shew the 27th of January 1671 the said bill of Exchange of 120 l
                 stert unto the said John Nethway and Required him the said John
                 Nethway to pay the said sume of One hundred and Twenty pounds
                 ster l according to the Tenor of ye said bill of Exchange, said
                 bill of Exchange ye said John Nethway wholy refused and denyed
                 to accept and pay, whereby action hath accrued to the sd John Litch
              p. 7   ington to require & have of the said John Maltby the said 120 l stert,
                 Nothwthstanding wch the said John Maltby the said pmise and
                 assumption as aforesayd made little Reguarding but devising and
                 fraudulently intending him the said Litchington, the said One hun
                 dred & Twenty pounds stert to Defraud & Deceive, the said 120 l
                 stert though often required to him the said John Litchington accord
                 ing to his promise hath not payd but the same altogether denyes.
                 And the said John Maltby by Vincent Lowe his Attorney cometh
                 and Defendeth the said wrong and Injury when &c, and saith that
                 he did not assume and promise in manner and forme as the said John
                 Litchington hath above Declared agt him and of this he putts himself
                 upon the Country and the said John Litchington likewise.
                   Therefore Comand is given to the Sheriff of St Maryes County,
                 that he Cause to come before the Justices of the next Provincial
                 Cort, to be held at the Citty of St Maryes the Eleaventh day of
                 ffebruary next being the first day of the said Con Twelve &c by whom
                 &c who neither &c because aswell &c to Recognize &c, and the same
                 day is given to both ptyes
                   At web day that is to say the Eleaventh day of ffebruary in the
                 41th yeare of the Dominion of Caecilius &c Annoq Domini 1672
                 came aswell the said John Litchington by Kenelm Chiseldine his
                 Attorney as the said John Maltby by Vincent Lowe his Attorney &
                 the Jurors of that Jury likewise came to wit Thomas Paine Richard
                 Lloyd Randall Hanson Marmaduke Symm Henry Hide 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 and sworne upon their oathes doe
                 say that they finde for the plt One hundred and Twenty pounds
                 sterling Damages with Costs of suite, wherefore it is considered by
                 the Cort here that the said John Litchington recover agt the said
                 John Maitby aswell the said sume of One hundred and Twenty
                 pounds sterling for his Damages in this behalfe susteined as also
                 the sume of six hundred and fifty pounds of Tobacco for his Costs
                 and Charges in this behalf Expended and the said John Maltby in
                 mercy &c. And afterwards to wit the same day before the said Jus
                 tices the said Defendt John Maltby being convict by the Judgemt of
                 the Cort here to pay to the said John Litchington aswell the said