142 Provincial Court Proceedings, 1658.

Liber
P. C. R.

Cap^t Thomas Cornewalleys sworne in open Court Sayth, th^t when
M^r Chandler deliuered this Dep^t a Mare, he shewed him a Browne
Mare, w^ch he s^d was his, W^ch Barnaby Jackson ueiwing sayd to this
Depon^t That Mare would cleare her selfe, & if th^t M^r Chandler
wanted a Mare, hee must looke her of Cap^t Stone, Will^m Boreman &
Thomas Courtney, being allso examined & nothing appearing posi-
tiuely by their Oathes, th^t the Mare in dispute is the ptfs Mare. But
rather suppose the contrary th^t it is the defts Mare.
And the plf not being able to proue the same, The deft desyreth
nonsuite, W^ch was Granted.

Streeter v.
Brooks

Vppon the demand of Richard Collett the ptfs Attorney, agst
ffrancis Brooks deft for 14000^l Tob by Bill, The deft denyeth the s^d
Bill & the signing thereof by him.
Cap^t Thomas Cornewalleys sworne in open Court sayth th^t Co^ll
Thomas Burbadge desyred this Depon^t to demand of the deft this
Bill: w^ch hee did & the deft neuer denyed it to him.
M^rs Jane ffenwick sworne (concerning this Bill in question) sayth,
That shee hath heard M^r ffenwick her husband say That ffrancis
Brooks thought to haue cheated other folks, & cheated himselfe,
affirming th^t Co^ll Burbadge did say, That hee thought th^t M^r Olditch

p. 101

had noe right in th^t Bill, But as for himselfe he gaue, or could giue
his right therein, But hee could not giue away what doth belong to
the children, Cap^t Nicholas Gwyther deposeth idem.
John Metcalfe sworne Sayth That he heard M^r ffenwick say, That
hee thought in his conscience th^t that Bill was uery uniust.
Whereuppon the Court considered th^t the Bill by the plf produced,
if euer signed by the deft (w^ch as yett doth not appeare by any
Wittnes) was fraudulently obteyned, & therfore Judge that the s^d
Bill doe lye in Court till the 25^th of March next, By w^ch time if proofe
bee not made uppon what consideraon the s^d Bill was gyuen, the s^d
Bill shall be deliuered up to bee cancelled.

Baysey v.
Clarke

To the hon^ble the Gou^r & Councell
The humble Petⁿ of Michael Baysey.
Sheweth That whereas yo^e Pet^r hath complayned seuerall times
agst M^r Robert Clarke, in not laying out the Lines of the Land,
belonging to the children of Anthony Rawlins deceased & one Order
of Court or more hath bene had in the premises agst him, Yett not-
w^thstanding he hath not remedyed it, to the great preiudice of the s^d
Childrens Land, some enchroaching uppon the back-Lines as yo^e Pet^e
doth conceaue.
The humble Request of yo^r Pet^e is That the Children may bee
speedily remedyed therein, & yo^r Pet^r shall euer pray &c: It is
Ordered according to the Petⁿ, th^t M^r Clarke make a perfect Suruey
out of hand