68  Provincial Court Proceedings, 1672/3.





           Liber M M  chantable ffiall wines, to be Rackt and full upon the Receipt
                   thereof the said John Quigley did thereby pmise to pay unto the
                   abovenamed ptyes or their ordr the sume of One Thowsand Two
                   hundred pounds of good marchantable Tobacco and Casque to be
                   punctually Delivered within thirty dayes after the said ships arivall
                   in Virginia without fraud or further Delay for the Just & true
                   pformance of wch bargaine or contract they severally bound them
                   selves their heires Exrs & Admrs in the sume of five hundred pounds
                   sterling to be leavyed on the pty that shall not pforme that agreemt
                   as by the said writing sealed with the seale of them the said John
                   Maltby and John Quigly fully appeareth, and whereas the said John
                   Litchington afterwards to wit ye 29th day of November aforesayd
                   in the year aforesayd did at the speciall Instance & Request of
                   him the said John Maltby by a certeine writing obligatory whose
                   date is the day & yeare aforesayd for the greater security and
                   true pformance of the said bargaine and agreemt, the same John
                   Litchington to ye said John Quigley together with the same John
                   Maltby at the request of the same John Maltby graunted himself
                   to be holden to ye said John Quigley in the sume of five hundred
                   pounds stert with condition for the pformance of ye said agreemt,
                   and himself agt the said John Quigley in pledge put for the same
                   five hundred pounds sterling to be payd to the said John Quigley
                   upon non pformance of ye same bargaine, wch said contract so as
                   aforesayd made betweene the said John Ma!tby and the said John
                   Quigley the said John Maitby principall Debitor at the arrivall of ye
                   said ship the said fifty pypes of wine according to the Condition did
                   n[ot] deliver but the same to him to Deliver altogether refused,
                   whereby the same John Quigley afterwards to wit the 9th day of
                   October in the 41th yeare of the Dominion of Caecilius &c Annoq
                   Domini 1672 at the Citty of St Maryes a certeine plaint agt ye same
                   John Litchington before his Lopps Justices of ye Provincial Cort
                   leavyed for the sd five hundred pounds by virtu of wch plaint the said
                   John Litchington was by a writ issuing out of ye said Provincial Cort
                   retornable the 10th day of December to the Sheriff of St Maryes
                   County directed was by the said sheriff arrested for ye sd debt of
                   five hundred pounds sterling and by virtu of the same the said
                   500 l stert to ye said Quigley payd and gave satisfaction, Therefore
                p.g   nevertheles the same John Maltby though often requested him the
                   said John Litchington agt the said John Quigley for the said 500 l
                   stert whereof he put himself pledge agt the same for the same
                   John Maitby hath not acquitted but him to acquit gainesayd, and
                   him hitherto to acquite gainesaith whereupon the said John Litching
                   ton saith he is Damnifyed and hath Damage to the vallue of five
                   hundred pounds sterling, and thereupon he bringeth his suite.
                    And the said John Maltby by Vincent Lowe his Attorney cometh
                   and Defendeth the force and injury when &c, and saith that he is