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Proceedings of the Provincial Court, 1677-1678
Volume 67, Preface 30   View pdf image (33K)
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            xxx                  Introduction.

            doctor's bills were at stake. Hilton owed 4000 pounds of tobacco, and he had
            engaged not to dispose of what was coming to him in right of his wife until
            after Howell was paid. Hilton had not paid the 4000 pounds or any part of it,
            so Howell sued. After continuances and imparlances, the case came to trial,
            but Hilton came not, so the Court awarded Dr. Howell the 4000 pounds of
            tobacco, plus 554 pounds more for his costs and charges (post, p. 294). When
            Edward Inglish, merchant, sued John Stansby, chirurgeon, for 5623 pounds
            of tobacco on a plea of trespass on the case, Dr. John had only bought, had
            and received of Edward various goods, wares and merchandizes for which he
            had promised to pay and had not paid. When the case came up, Dr. Stansby
            came not but made default, and was ordered by the Court to pay the 5623
            pounds damages and 584 pounds more for costs (post, p. 271). Of course
            there were some cases in which chirurgeons or practitioners in physic were in
            court as doctors. John Wynne “practicing phisick & Chirurgery in this
            Province”, cared for John Cuningham, who “did languish of divers distempers
            of body”, and who promised to pay the Doctor what he should deserve. Wynne
            took care of the sick man from May 16, 1676 to August 11, 1676, and he was
            a witness to his will (Will Book V, f. 8o). For his care Wynne asked of the
            executors 3100 pounds of tobacco, and, when they did not pay, he stied for
            5000 pounds. When the case came to trial, the executors, John Watson and
            Thomas Carlisle, came not, but when Wynne produced his account and swore
            to it, he was allowed by the Court 3100 pounds of tobacco damages and 536
            pounds costs (post, p. 85). The affairs of William Ditton, or Dyton, followed
            a familiar pattern. Ditton, “languishing of a distemper whereof he Shortly
            after dyed,” came to the ordinary kept by Richard Keene on Patuxent in Cal
            vert County. He told Keene that if he would receive him and look after him,
            “he would well and truly Satisfie and content the said Richard what he should
            deserve”, and the innkeeper did as the sick man asked. He called Doctor John
            Peerce, also of Calvert County to attend Dyton in his illness and to administer
            physic. Dyton died, and his administrator, Thomas Dent, promised Peerce that
            he would pay him as much as the Chancellor approved. The account was for
            2180 pounds of tobacco: Chancellor Philip Calvert approved it for 1880
            pounds. Dent paid only five hundred pounds, and his wife Rebecca paid noth
            ing, either during her widowhood or after her marriage to John Addison.
            Dr. Peerce sued Addison and his wife, who had been the wife of Dent, the
            administrator, for 3000 pounds of tobacco. When the case came up, the Court
            accepted Peerce's sworn account, and ordered that he have the 1340 pounds not
            yet paid, with 588 pounds more for his costs (Archives LXV, pp. 548-549;
            post, pp. 85-86). The case in which a Doctor Charles Howell, being called to
            attend a servant boy, and, having effected a cure, then had to bring suit against
            the master, has already been discussed (ante, p. xxvii; post, pp. 294-295). What
            the Court allowed for the care of this sick servant boy was more than for the
            care of any free man.
              The interesting Robert Harper enters into the story now, and in connection
            with doctoring. Harper had been the servant of Garret Van Sweringen and
            was earlier described as being “Skilled in Phisick & Chirurgery & of the same
            


 
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Proceedings of the Provincial Court, 1677-1678
Volume 67, Preface 30   View pdf image (33K)
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