Provincial Court Proceedings, 1666. 121
    Thomas Bennitt plt                          Liber FF
    Robert Jones deft (The defendt demurrs to the plts declaracon
    Daniel Jenifer p quer: land therupon puts in his plea as followeth
    John Morecroft p deft

    Thomas Bennitt plt Jenifer The Plea & demurrer of Robt Jones
    Rob: Jones defendt morecroft defendt to the declaracon of Tho:
    Bennitt plt: in a plea of tresspass upon the Case
      And the said Robert by John Morecroft his Attorney doth come
    and defend the force and wrong when &c: and the said Robert saith
    that the said Thomas his acëon agt him ought not to haue, because he
    saith that about the time in the declaracon expressed he the said
    Robert did hire the said Thomas to goe to Delaware Bay to fetch
    a seruant of his the said Robert named Jasper Tayler that was runn
    away and was then at Delaware Bay and in Case that the said Jasper
    was gone from Delaware Bay that then he the said Thomas should
    bring undr the Gouernors hand of that place to testifye that the saide
    Thomas was ther and that the said Jasper was gone from thence, in
    consideracon whereof the said Robert was to pay to the said Thomas
    One Cow and Calf e, and further if the said Jesper should be gone
    from Delaware Bay at the said Thomas his coming thither that the
    said Tho: should then goe to Newyork and if he found the said
    Jesper ther to bring and deliuer him to the said Robert and if the said
    Jesper was not ther to bring undr the Gouernors hand of New York
    to testifye that the said Thomas was ther & tht the sd Jesper was not
    there In Consideracon wherof the said Robert was to pay to the sd [p. 385]
    Thomas Three hundred pounds of pork more wthout that the said
    Robt was endebted to the said Thomas One Cow and One Calfe by
    her side in manner and forme as the said Thomas hath aboue Com-
    plained agt him and the said Robert saith that the declaracon of the
    said Thomas and the matter therm contained is insufficient in law to
    maintaine his accon agt him the said Robert neither hath he need
    or is bound by law to answer therunto, and of this he craueth the
    Judgmt of the Court and that the declaracon of the said Thomas may
    be cast out

      The plt: Joynes in demurrer wth the defendt and puts in his Answer
    as followeth
    Thomas Bennitt plt Jenifer the plt in answer to the defendts
    Rob: Jones defendt Morecroft demurrer saith--That the declara-
    con of the plt: and the matter therein Contained is sufficient in law
    the which he maintaines and auerrs, And that the defendt is bound
    by law to answere therunto and of this craueth the Judgmt of the
    Court
      The defendt hereto alleadgeth that the plt in his declaracon hath not
    expressed that he hath been at Delaware Bay to look after the said