Provincial Court Proceedings, 1664.  199






      Mare was then wth them and giuing her the said Robins Mare Come Liber B B
      this depont caught her by the foretopp, but she flowng away from
      him and soe catcht none of them And hee neuer heard or could see
      any of the said Mares till Aug° following and then Mr Trumane corn
      ming to Mr ffowks formerly Mr Chandlers told this deponant that
      hee saw such strawed Mares att Petuxent where John Cornelius liued
      and happyly they may bee the Mares, this deponant enquiring after
      and goeing along with Mr Truman they found the Mares there and
      Robert Robins Mare had a Mare ffoale wth her the Mare was a
      darke Bay, and the ffoale of a mouse Culler and the mare had a
      little slitt or a little bitt taken of, of one of her Eares as neere as
      this deponant could Guesse and now remembers, But hee this Depont
      brought Mr ffowkes Mare home wth hime leauing Rob: Robins Mare
      there and neuer saw her since and further this deponant sayth not
       Juro Cor mee                  the marke of
          Wm Bretton               Edmund X Lindsey
       The defendt Craues to know whether any of the plantiffs eui
      dences can or doe Sweare soe positiuely (or rather desperately) that,
      that was Robert Robins Mare that hee pretends to haue lent us, and
      not that Mare Rob: Clarke Escp recouered of him hee the said Robins
      himselfe the Pretended Owner affirming it to bee his, and the uery
      Same hee alleadged wee had of his in Our possession
       The defendt likewise humbly requesteth this honble board that the
      plaintiffe may bee enforced to proue that wee haue his mare and
      that wee Conuert her to our owne use as hee hath declared agt Vs in
      his declaracon Wee humbly Conceiues Our Selues to be acquitted
      and by the said Robins sufficiently discharged from any Claime the
      said Robins hath or euer had against us for a Mare by the said
      Robins himselfe as more att large will appeare by the Oath of Mr
     Tho: Hussey Henry Neale and Wm Gether—
       After much Controuersie the Board thought good to impannell a [p. 260]
     Jury to take into theire Consideracons the whole Bussiness depending
       betweene Rob: Robins and Richard Dod—
       Warrt to sherriffe to impannell a Jury ret forthwth sherriffe
     returnes his writt & warned
     fforernan
       Walter Peake
                     John Anderton
      Rob: Hendley      .     ffran: Riggs
                     Francis Armstrong
  Geo: Newman       . Geo: Beckwith
                     James White
  James Veitch      Rob: Chysicke
                     Samuell Garland
     Thomas Bennitt
       After long debate the Jurors came into Court and demand 30th
      tob: head as was allowed that former Jury inter John Hawkins
      plt James Jolly defendt_which was allowed and granted by the
      Boarde—then they deliuer in theire Verdict as followeth (uizt)