Provincial Court Proceedings, 1659. 277

by yo^r Pet™ want of th^t Tob th^t yeare, being uery deare & yo^r Pet'
shall pray &c :

Liber
P. C. R.

Whereas there appeares an account under the hand of Cap^t Miles
Cooke for fiue hund^d twenty seauen pownds of Tob.
The Judgm^t of the Court is, th^t Cap^t Husbands summone Cap^t

p. 240

Cooke before Philip Caluert Esq^r Secretary of this Prouince, to giue
a satisfactory answere, how th^t account was satisfyed, And both
p^eties to stand to his arbitraon or iudgm^t.

Vid. fol. 265

This suite being on a Respite ordered the last Court the Deft pro-

duceth these other wittnesses, & the former allso according to th^t

former Order to be sworne Viue uoce att this Court.
Humphrey Warren deposed sayth That about this time two yeares,
hee saw M^r Starkeys Mare, & Two stone Colts following her, The
one being about an handfull lower then the other, & allmost of one
colour, Only the lesser was more bay, & th^t hee uerily beleiueth th^t
the horse now in dispute was one of those Colts, th^t this Depon^t
saw following the fores^d Mare.
Leiu^t Thomas Trueman sayth, th^t hee tooke up M^rs ffenwicks
Mare att S^t Maries, & kept her up in M^rs Stone Calfe pasture, And
M^rs Stone riding to Mattapanian tooke the s^d Mare, & left her Colt
behind, & comming home againe, the Colt was gone out of the
pasture, And th^t this Depon^t stayd two dayes for the Colt, w^ch re-
turned not, & thereuppon this Depon^t brought the mare up to M^ra
ffenwicks Plantaon w^thout the Colt, & cannot say th^t the horse now in
dispute bee th^t Colt or not.
John Biggers Depⁿ Vid Supra fol. 176
Will^m Innis depⁿ Vid. supra fol. 177.
Rob^t Mackay sayth That hee this Depon^t hath beene Groome to
some Greate p^esons both in Scotland & England for the space of six
yeares & being desyred by the deft to looke in her Roand horse
mouth, Doth declare th^t the s^d horse is fiue yeares old, In case th^t
horses follow the same course in this Country as they doe in
England.
Thomas Gerard Esq^r doth declare uppon his owne knowledge th^t
the same markes, th^t was the rules in England, by experience this
Depon^t doth find to bee true in this Country, & being intreated by
M^rs ffenwick to looke in her Roand horse mouth, did, & doth there-
uppon declare th^t the s^d horse is fiue yeares old this grasse
Tho: Gerard.

John Bogue, Sayth, That on the first of ffebruary last hee this
Depon^t did goe w^th the deft to New-Towne to a Court & there
meeting w^th M^r Mathews, this Dep^t heard the deft say to M^r Math-
ewes, th^t now shee had gotten further euidence concerning her

Mr Raph
Crouch v.
M^rs Jane
ffenwick
Vid. fol. 175,
et seq.