Provincial Court Proceedings, 1674/5. 485




                   found Sufficient surety aswell his Clamor to Uber M M
                   prosecute as for One Chesnutt coloured Stone
                   horse being the proper horse of him the said
      Richard which Henry Hawkins tooke and unjustly deteines as it
      is said to be returned if returne of the said Stone horse be adjudged
      That the said Stone horse to the said Richard ffountaine replevyed
      to be and delivered he cause & put by security and safe pledges the
      said Henry Hawkins that he be here the thirtenth day of October in
      43th yeare of his Lopps Dominion &c to answer the aforesaid Richard
      ffountaine of a plea of takeing and unjustly deteineing of his Stone
      horse aforesaid & how the said writ shall be executed to the justices
      of this Court he make Knowne under the paine incumbent & also
      yt then & there he make returne of the same writt.
        Att which said thirtenth day of October in the yeare aforesaid the
      said Sheriff maketh returne upon the backside of the same writ The
      within menconed Stone horse I could not find so could not make re
      plevin of him But I haue taken the body of the within mentioned
      Henry Hawkins whom I have ready the day and place within
      conteined.                  Benja Rozer Sheriff.
        At which said thirtenth day of October in the yeare aforesaid
      came the said Henry Hawkins by Benjamin Rozer his Attorny and
      prayeth liberty of Speakeing hereunto untill the next Provinciall
      Court and the same day is given to both parties. which said next
      Provinciall Court was by his Lopps writt of Adjournmt adjourned
      untill the ninth day of December then next comeing At which said
      ninth day of December came the said Richard ifountaine by his
      Attorny and the said Henry Hawkins by his Attorny likewise came
      & by & with the consent of the said Attornyes this cause was con
      tinued untill the next Provinciall Court.
        At which said next Provinciall Court to wit the ninth day of
      ffebruary in the 43th yeare of his Lopps Dominion &c came the
      said Richard ifountaine by Robert Ridgely by his Attorny complain
      eth that the aforesaid Henry the tenth day of January in the two &
      fortith yeare of the Dominion of Caecilius &c Annop Doth One
      thousand six hundred seventy three at Charles County aforesaid One
      Chestnutt coloured stone horse of the price of foure thousand pounds
      of tobacco of the goods and Chattells of him the said Richard the
      said Henry tooke and unjustly deteined and as yet doth deteine
      against Suertyes & pledges whereupon the said Richard Saith he is
      dampnified and is the worse to the Value of Six thousand pounds of
      tobacco & thereupon he bringeth his suite.
        And the said Henry Hawkins by Benjamin Rozer his Attorny
      cometh and defendeth the wrong and injury when &c and saith that
      he did not take nor doth injustly deteine One Chestnutt Stone horse
      of the goods and Chattells of the Said Richard ffountaine against
      Suertyes & pledges as in his declaration is alleadged & this he prayes
      may be enquired into by the Country.