284       Provincial Court Proceedings, 1682.

          Liber w. C.     Jones Sent or Richard Jones Junr And that cannot be holpen or
                  amendment made by Averrment Intendment or arguement but all
                  Originalls ought to be certaine and the Defendt not bound to an
                  swere any other or more matter then is Contained in the writ
                  (Secondly.) There is Error and Variance between the writ and
                  Declaration ffor the writt is to Sumons Griffith Jones and the
                  Declaration is Griffith Jones gentt One of the Attorneys of the
                  Court was Sumoned to answere Richard Jones wth cannot in law
                  be taken for one and the Same person
                  (Thirdly.) Itt is sayd Griffith Jones was Sumoned to answere
                  unto Richard Jones in a plea that he Render unto him divers goods
                  and Marchandizes wch to him he oweth and unjustly detaineth wch
                  is debt and must be undr hand and scale by bill by him the said
                  Griffith Executed Whereas in the Declaracon he Declares upon a
                  promise and therefore ought to have Declared in an action upon
                  the Case.
                  (ffourthly) Itt is said in the writt Sumons Griffith Jones to an
                  swere Richard Jones in a plea of Trespasse upon the Case And
                  saith in the Declaracon Griffith Jones gentt one of the Attorneys
                  of this Court was Sumoned to answere Richard Jones of a plea
                  that he rendr to the Said Richard divers Divers goods and Mar
                  chandizes wch to him he oweth and injustly detaineth, wch is not
                  warranted by his writ Upon wch his Declaration Ought to be
                  grounded
                  (ffifthly) There is noe Demand Layd and averred wthout wch
                  there could be, Nor had there bin any Cause of action wch is Error
                  and Contrary to the law in such Cases made and Provided, All wch
                  he is ready to averr and therefore Demands Judgment of the said
                  Declaracon and if the aforesaid Richard his said accon against him
                  this Defendant can maintaine
                                                      Jones:
                   Itt is Considered by the Court that the Plea in Abatement and
                  Demurrer be over Ruled And have Ordered that Griffith Jones
                  pay unto Richard Jones Eight hundred pounds of tobacco with
                  Costs of Suite.
                     The Deft Griffith Jones Craves an Appeale the next Provin
                     ciall Court wch is granted he giveing Security as in the Law
                     in that case is provided
                                       Security given in Court
                                     Vera Copr p Thomas Impey Clke

              p. 627 And the said Richard Jones by Thomas Bur ford his Attorney
                  cometh and defendeth the force and Injury when &c and prayeth
                  liberty to Imparle hereunto untill next Provall Court and Itt is
                  granted unto him the Same day is given to the said Griffith Jones
                  likewise