Provincial Court Proceedings, 1664.  271





       Ordred that Tho: Paggett be allow'd the abouesaid Charge of Liber B B
     2040lb tob


       Att the County Court of Caluert held the 16th August 1664
         rMajor Thomas Brook Francis Anketill
    prsent Thomas Truman Richard Collett Gentn
         [Thomas Leitchworth George Peake
                       Charles Brooke
     James Veitch plt The pit: declares agst the deft in an accon of
     Hen: Trip Attof Trouert and Conuersion for that whereas the
       Capt Manning deft plt:: hath right unto property in, and being
     absolute owner of one blackish browne Cow, and yearling and one
     Calfe, the encrease of the said Cow, now or lately in the possession
     of the deft wch Cow and her Encrease as aforesaid the deft hath and
     doth Conuert to such use and uses as unto him seemeth meet, & al
     though the pit: hath made often demand of the deft them, the said Vide petu
     Cow and her encrease unto him to deliuer, yet neuertheless Con-
     trary to law and equity them the said Cow and Calf e to the defendt
     hath and doth refuse to the pit: to deliuer which is unto the damage
     of the pit: fifteen hundred pounds of tobacco or thereabouts for
     which, and for the deliuery of the Cow and her encrease unto the
     pit: he humbly Craueth Order of this worship” Court agst the de
     fendent and for Cost of suite and he shall pray &c

The pit: sues the deft prout in petn the deft pleads not guilty and
                                desires the pit: to proue his Trouert—The pit: Craues a Jury but the
                                deft Craues an appeale to the Gouernor and Councell in Chancery—
                                Ordered the Deft enter into Bond to pay double Datnages if he be
                                Cast—
                                True Copie p mee
                                James Thompson Clke

       Samuel Vines deposeth in Court saith that he Cannot Declare that [p. 338]
     One Blackish browne Cow and yerling and Calfe James Veitch hath
     right unto propertie in and absolute Owner of, and further saith
     that James Veitch did bring downe a Calfe to weane about flue
     yeares agoe to the best of my memory and that that Cow is the Calfe
     wch James Veitch did bring downe to the best of my knowledge and
     that that Calfe which is now the Cow did aliwayes goe by the name
     of Veitch, & further this deponant saith that this Cow was in
     Michael Brook's possession, aboue three yeares to the best of my
     remembrance, and that my Master did giue John Winfeilds boy a
     paire of shooes by James Veitch Order as my Mastr said to looke
     after the Calfe and did deliuer them on the Sabbath day, and that
     he did heare his mastr oftentimes say that he bought this Calfe of
     James Veitch and that Michael Brookes had three yeares before his
     decease a quiet possession and to the best of my knowledge James