218 Provincial Court Proceedings, 1658.

Liber
P. C. R.

goeing & ueiwing the Colt, M^r Mathews asked him for his priuate
marke; & Bogue instantly replyed, hee could not see it, saying how
perhaps it might bee growne out. And then M^rs ffenwick requested
of M^r Mathewes that shee might take up that Colt saying th^t shee
should bee willing for M^r Starkeys sake to encleauou^e to cure the hurt
in his legge. W^ch hee willingly condescended unto. And there-
uppon M^rs ffenwick tooke up that Colt, not clayming any Interest
in it as her owne but as belonging to M^r Starkey, Now soe it is th'
M^rs ffenwick deteyneth that Colt from yo^e Pet^e (hee being the lawfull
Executo^r of the s^d M^r Starkey) though hee hath since demanded the
same of her: Being assured by euident testimonies, w^ch hee is ready
to produce in Court th^t That Colt soe deteyned by her, did formerly
belong to the s^d M^r Starkey, Concerning himselfe much iniured
therein, through her s^d Detinew; neyther will shee yett redeliuer the
same, unlesse by Order of this hon^ble Court shee bee compelled
thereunto
Hee humbly therefore requests That yo^r hon^rs will take Cogniz-
ance of the Case a releiue yo^r Pet^r
And hee shall pray &c :

To the Petⁿ of the ptf the deft (by M^r Attorney grail) denyeth
what is alleaged in the Petⁿ, Whereuppon the plf produceth these
his testimonies.

Vid. fol. 240

M^r Thomas Mathews sworne in open Court Sayth That he uerily
beleiueth th^t the Colt now in dispute came of M^r Starkeys mare.
M^rs Hester Mathewes sworne allso in open Court sayth, That shee
saw M^r Starkeys mare defend this Colt now in dispute agst a gelding
th^t followed & beate him.
Marks Pheypo Sayth That he saw a reddish Colt w^th Three white
feete follow a Mare, th^t was accounted M^r Starkeys Mare, But
whither it was her Colt or not he cannott tell.
Nicholas Keytin Sayth th^t hee saw a Roane Mare called M^r Stark-
eys Mare & a Red yowng horse w^th Three white feete, & a white
streake downe the forehead in company w^th her.
Bryant Daly Sayth th^t hee saw a Mare & a Colt, w^ch was told
him was M^r Starkeys (w^ch is the horse now in dispute) & M^r
Mathewes horse did often stryue to beate th^t Colt from the Mare,
but could not.
Thomas Hawker Sayth that euer since hee knew the mare w^ch

p. 176

was M^r Starkeys, hee saw the Colt now in dispute follow M^r Stark-
eys mare & thereuppon hee allwayes accounted it to belong to M^r
Starkey.
Barnaby Jackson Sayth, th^t hee knew th^t M^r Starkey had a horse
Colt and there being another horse Colt somthing like M^r Starkeys :
hee neuer knew one Colt from the other.