Provincial Court Proceedings, 1676.     349

        well &c. Att which said fifth day of December in the yeare aforesaid Liber N N
        Came the parties aforesaid and the jurors of that jury likewise came
        to wit Thomas Pattison John Creycro ft Constant 0 Kei fe James
        Rumsey Samuel Ashcomb, John Glover Vincent Atcheson Robt
        Hood John Tant Richard Edmonds John Browning & Joseph Chew
        who being impannelled Sumãned and Sworne to say the truth in the
        premisses upon their Oathes doe say Wee of the jury doe find (the
        conditions moveing the defendant to passe this bond not being per-
        formed) for the defendant. Whereupon the plaintiff moved the
        Court in arrest of judgment & day given the plaintiff untill the
        morrow afternoone to putt in his reasons to the Court here. On
        which said Morrow to wit the sixth day of December in the yeare
        aforesaid the said John Quigley sheweth to the Court here his reasons
        for arresting the judgment upon the verdict aforesaid, the tenor
        whereof followeth in these words.
           The plaintiff brings an action against the deft upon a bond for
           248428 of tobacco for payment of 12421 t of ton.
        The deft pleads non est factum & putts herselfe upon the Country,
        issue then joyned upon that plea, the jury impannelled to try that
        issue & no other.
         The ptt p[ro]ues the bond to be the Testators Act & deed by
        Garret Vansweringen the wittnes to it who also sweares that the
        said bond was entred into for the ballance of an accompt between
        the plaintiff & Charles Delaroch & that it was agreed betweene them
        that the plaintiff was to produce his accompt & make it appeare to be
       reasonable & to accompt to Soe much or to that effect.  p. 211
         John Deery for the plt proves the accornpt was both before & after
        the Sealeing of the bond shewed to Charles Delaroch and that he
        approved thereof.
         On this the plt leaves it to the jury, who ought to have found for
        the plt. The deft craves the benefitt of the rules of Court made by
        Mr Boughton Secretary that she may give the speciall matter in
        evidence & for Speciall plea offers that the said bond was sealed
        and delivered as an escrowle to the plaintiff upon a condition not
        performed which she would seeme to induce the jury to beleive upon
        the Single evidence of Garrett Vansweringen
         The jury bring in a verdict in the nature of a speciall verdict as
        they explained themselves by the fforeman at the Barr, that they
        found for the defendant.
         All which is unjust illegall & contrary to the constitutions of the
        fundamentall Lawes of England, and for these reasons following
        vizt.
        ffirst It is a president of very dangerous consequence to question
        the consideration of a bond or bill duly proved to be the Act & deed
        of the party. which is against Law.
        2dly The defendant Ought not to have pleaded the generall issue of