Provincial Court Proceedings, 1659. 279

Depon^t brought the s^d horse to M^rs ffenwicks, shee sayd th^t shee
knew him by nothing but by his naturall marks, & further sayth not.

I Cuthbert ffenwick am able to sweare to all this as John Bogue
in his tormer Deposⁿ, Excepting only, 1 doe not remember th^t I heard
M^r Mathewes say, th^t Cap^t Cornwaleys had made the horse, w^thin
mentioned, to swimme ouer S^t Inegos Creek into M^r Mathewes neck
of Land.
Cuthbert ffenwick.

Martin Kirk aged 42 yeares sworne sayth, That about Michaelmas
last was fowre yeares or thereabouts, this Depon^t comming from S^t
Marie to his owne howse, & sitting downe in the woods to take a pipe
of Tob. did see a white roand horse colt, w^th a white streake downe
the face, quite to the nose & did see the s^d Colt runne to M^rs ffenwicks
white mare (w^ch Docto^r Barber now hath) & suck her. This was
uppon the left hand of the path, And uppon the right hand of the path
there was a Roand Mare, & a Browne Bay Colt, & a Black mare &
Colt, & many other horses, but whose they were this Depon^t knoweth
not. And this Depon^t further sayth th^t the Roand horse now in the
possesⁿ of M^rs Jane ffenwick is the same horse th^t hee saw suck M^rs
ffenwicks mare in the woods as afores^d & further this Depon^t sayth
not.
The Depos^ns appearing positiue, It is Ordered th^t M^rs ffenwicke
keepe & possesse the s^d horse.

Liber
P. C. R.

p. 242

In this Cause John Anderton Gentⁿ deposed Sayth, That M^rs Rob^t
Taylo^r told M^rs Eltonhead when shee deliuered the note, for to
demand his the s^d M^r Taylo^rs Bill from Will^m Berry, That hee would
pay her the Order of Court w^ch was fiueteene hund^d pownds of Tob,
And th^t hee was glad hee had th^t note to demand his Bill in, & would
rather pay it to her, then to another. And th^t that Bill due from M^r
Taylo^r, was belonging to M^r Scarborough.
Whereas the plf by writt of scire-facias hath summond M^r Rob^t
Taylor & James Veitch unto this Court, to shew cause why Judgm^t
should not passe, And Exeq^r issue forth agst the Estate of M^r Ed-
mond Scarborough (according to a former Order of Court in this
prouince) for ffiueteene hund^d pownds of Tob & Cask, There being
much more of the s^d Scarboroughs Estate in their hands as shee
supposeth. The s^d Taylo^e making appeare to the Court th' hee hath
payd out of a Bill due to M^r Scarborough of Two thowsand three
hund^d pownds of Tob, by Execuon & Receipt one thowsand fowre
hund^d Twenty seauen pownds of Tob. It is Ordered th^t the s^d M^r
Taylo^r pay the Remainder of the s^d Bill to witt seauen hund^d seau-
enty Three pownds of Tob unto the plf , And th^t the plf be left, to gett
the residue of her demand, according to law elsewhere.

Mrs Jane
Eltonhead v.
M^r Edm:
Scar-
borough