110 Provincial Court Proceedings, 1679/80.

Liber W. C.

defraud the said Colt though often thereunto required to him the
said John hath not delivered, but the said Colt afterwards to witt
the tenth day of March in the yeare aforesaid did dispose & convert
to his own use, whereupon the said John saith he is damnified & hath
damage to the Value of three thousand pounds of tobacco & there-
upon he bringeth his suite
And the said Marke Cordea by Robert Ridgely his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Proventiall Court & itt is granted
unto him, the same day is given to the p^R also
Att which said next Provintiall Court to witt the Seventeenth day
of ffebruary in the fifth yeare of the Domin of the right Hon^ble
Charles Lord Baltemore &c Annocp Doni 1679 came the said parties
by their Attorneys aforesaid And the said Marke Cordea by his
said Attorney saith, that the said John Barnes his action aforesaid
against him for the Colt aforesaid ought not to have, because he
saith that the said Colt is the proper Colt of him the said Defend^t &
to him doth of right appertaine And therefore the said Defend^t
the keeping the said Colt, & converting & disposing thereof to his
own use, he doth justifie that the same he might lawfully doe, &
this he is ready to averr, & therefore demands judgm^t if the said
p^lt his action aforesaid against him ought to hear And the said
John saith, that the said Colt is not the proper Colt of him the said
Marke, & of this he putts himselfe upon the Countrey. And the said
Defend^t likewise Therefore itt is comanded the Sheriffe of S^t Maryes
County that he cause to come here twelve &c by whom &c & who
neither &c to recognize &c because as well &c.
On which said Seventeenth day of June in the year aforesaid
came the said parties by their Attorneys aforesaid And the jurors
impanelled being called likewise came to witt Robert Ellys, W^m
Thomas, Henry Exon, James Veitch, Tho: Beale, Samuell Dobson,
W^m Boyden, Bernard Johnson, Tho: Allanson; Edw^d Sise, Gilbert
Turberfield & John Richardson who being elected tryed & sworne to
say the truth in the p^rmisses upon their Oath doe say that the Colt
aforesaid is not the proper Colt of the said Marke Cordea, but the

p. 100

proper Colt of him the said John Barnes, Therefore itt is consid-
ered that the said John Barnes recover against the said Marke
Cordea the horse Colt aforesaid As also Two thousand three hun-
dred thirty ffoure pounds of tobacco costs of suite And the Defend^t
in mercy &c

Samuell Heron

ag^t
W^m Cole & ux: Ex^x
Mich^l Rochford

William Cole & Margarett his wife Ex^x of the
last Will & testam^t of Michael Rochford deceased
were Sumoned to answer unto Samuell Heron
M^rchant of a plea that they render unto him
one hundred pds of good & lawfull money of