Provincial Court Proceedings, 1661. 583

that if she doe bring a Mare foale, before M^r Starkeys Mare that
itt shall be given to Ignatius Warren Now soe itt is may it please yo^r
Honors that vnknowne to the Donator the said Mare of Thomas
Mathews did first bring a Mare foale which properly belongeth to
yo^r pet^rs Child It being a maxime in Lawe that animum Testandi is
ever to be observed and followed for Edward Gotten not knoweing
when he made this will that the Mare of young Thomas Mathews
(which three dayes .... had brought forth a Mare foale) had ....
Ignatius to have the first

Liber
P. C. R.

The plt sues p[ro]ut in petⁿ The deP produces a Generall discharge
from the said John Warren and further pleades that the foale be-
queathed dyed before demand made of the legacy Ordered that M^r
Thomas Mathews proue that the first foale of the Mare bequeathed
to Ignatius Warren his Sonne given by Edward [Gotten] ....
deceased be dead or lost before demand made by the next Provinciall
Co^rt

p. mo

The Administrato^rs of Coll John Price Confesseth Judgem^t in
open Co^rt to John Nutthall in the Sume of three hundred and
Eighty pounds of Tobacco two Armes Length of Roanoke and one
pound of Beaver.

Nuttall v.
Prices
Adminr.

The humble peticon of Thomas Gerrard Sheweth That yo^r pet^r
Commenced a Suite in New Towne Co^rt against one George Rey-
nolds for Tobacco due by Bill in which Suite the Attorney of yo^r
peticon^r was non suited vpon a p^rtence of a Statute that noe bill shall
be sued but in the County where itt was made
The p^rmisses Considered itt is the humble desire of yo^r pet^r that yo^r
Honors would be pleased to Consider the greate Inconveniencyes
that soe dangerous a p^rsident may bring in this Province and graunt
vnto yo^r pet^r an order for his just debt and he shall pray
The def^t denyes that he owes any thing to the said Thomas
Gerrard and the said Gerrard not being able to prove any debt due
to him selfe, but only a Bill due to Speake he is Non suited

Gerrard v.
Reynolds

Fryday the 10^th of October .... past demise grant and to farme
Lett vnto yo^r pet^r a parcell of land lying and being in this Province
comonly knowne and Called by the name of the Herring Creeke plan-
tac5n, being formerly the land of his Brother Thomas Bushell de-
ceased, and Comeing and discending due to him as heire in Lawe
from his said Brother Cout, aboute three hundred acres of land, with
all buildings Edifices and Ereccons therevpon for a certaine tearme
of yeares expressed in the s^d deed or Lease.
Which land and building when yo^r pet^r came to possesse and
Enjoye he found one ffrancis Hill in present posson there of imploy-
ing and makeing Trespass and waste vpon the same, and although

Oct. 10
Evans, v.
Hill
p. mi