xxxviii             Introduction.




          4700 pounds of tobacco and sued the administrator for 7000 pounds. When,
          on November 20, 1675, the case came to trial, and Pearse's administrator, like
          Ditton's, said nothing in bar or avoidance, the Court awarded Hussey 3300
          pounds of tobacco for damages and 584 pounds more for costs. Execution
          was to be stayed until Governor Calvert was paid £67 sterling out of the
          estate.
            The cases in which Robert Harper, indented servant and chirurgeon, cured
          sick men, to the benefit of his master, have been mentioned (ante, xxxvi).
          There is a similar case where a chirurgeon acted in his own behalf, and the pa
          tient was none other than John Coode, later the famous or infamous leader of
          the Protestant Revolution of 1689. In May 1672, Coode was very sick indeed
          of a seasoning. A seasoning was any disease affecting especially persons not
          yet used to the region, so Coode must have come to Maryland only very recently.
          TIc sent fur John f'eerce, Chirurgeon, and asked him to heal him and cure him
          of the disease. Peerce attended him constantly for six weeks, and made for
          him “divers medicines plaisters drinkes Cordialls and other wholesome and fitt
          things to cure” him, and he did cure him. Peerce asked 10,000 pounds of
          tobacco, Coode refused to pay it, and Peerce sued for 14,000 pounds. The
          jury awarded him 5000 pounds plus costs. Coode's lawyer, Kenelm Cheseldyn,
          claimed the judgment was insufficient for lack of details. The justices examined
          the judgment, declared Coode's allegations were untrue and reaffirmed the award
          for 5000 pounds with 1743 pounds for costs (post, pp. 393-395).


                         OUTSIDE THE PROVINCE

            There were at this time no cases heard by the Provincial Court sitting in
          admiralty, and not many cases involving ships and mariners in any way. To
          be sure, whenever there is a case involving a bill of exchange (and there are
          a dozen or more of them), trade outside the Province is sure to come in.
          Consider the case of John Litchington v. John Maltby (post, pp. 65-67). John
          Maitby, lately a St. Mary's County merchant, and earlier of New Haven in
          New England, was attached by John Litchington, mariner, master and part
          owner of the Mary of London to answer a charge of trespass upon the case.
          Litchington said Maitby had given him a bill of exchange on John Nethway
          of Fyall, for £120 sterling at ten days sight. Maitby of course agreed that if
          Nethway did not pay the sum, he, Maitby, would do so. Nethway did refuse
          to pay it, and Maitby had also refused, though he was bound. The jury found
          for the plaintiff, Litchington, in the full sum of £120 sterling with costs. Here
          upon Maltby was “by the Cort Committed to the Keep of the prison of the said
          Lord Proprietary in execution” for the total of the decision until he had satis
          fied it to Litchington. The prison of the Lord Proprietary was at that time
          on the plantation of Luke Gardner, gentleman, sheriff of St. Mary's County
          (post, p. 211). When Maitby continued to fail to pay the sterling and the
          tobacco, Litchington sued Sheriff Gardner, in whose custody Maitby was, on a
          charge that Gardner had permitted Maitby to escape (ibid.). The jury decided
          in favor of the sheriff, and awarded him his costs and charges. Since the