Provincial Court Proceedings, 1676.     415

          And whereupon the said Thomas Taylor by Robert Carvile his Liber N N
        Attorny saith that whereas the said Thomas Pattison upon the third
        day of November Anno Doth 1675 by his certaine bond or writeing
        Obligatory Sealed with the scale of him the said Thomas Pattison &
        here in Court produced whose date is the day & yeare abovesaid did
        con fesse & acknowledge himselfe to be holden & firmly bounden unto
        the said Thomas Taylor in the just quantity of One hundred thou-
        sand pounds of good Sound & merchantable leafe tobacco & caske to
        be paid to the said Thomas Taylor Yet notwithstanding the said
        Thomas Pattison the said summe of One hundred thousand pounds
        of tobacco to him the said Thomas Taylor according to the tenor
        of the said bond though often thereunto requested hath not paid or
        Satisfied but the same to pay hath hitherto & Still doth deny & re-
        fuse to the damage of the said Thomas Taylor One hundred & fifty
        thousand pounds of tobacco & thereupon he bringeth his suite.
          And the Said Thomas Pattison by Keneim Cheseldyn his Attorny
        cometh & defendeth the force and injury when &c and prayeth heare-
        ing of the said writeing Obligatory & it is read unto him he also
        prayeth heareing of the Condition of the said writeing Obligatory
        and it is read unto him in these words The Condition of this Obliga-
        tion is such That if the said Thomas Pattison doe at the next County
        Court held for the County of Dorchester bring with him a faire &
        just accompt of all bargaines & sales publique & private that ever have
        been between the said Pattison & Taylor without fraud or deceipt in
        any respect whatsoever & to the same to take his corporall Oath &
        when so done the Court to ballance accompts between Us & what
        remaines of the ballance of accompt to be paid upon demand con-
        venient in the said County Then this Obligation to be void & of no
        effect otherwise to remaine in full force & vertue. Which being
        read & heard the said Thomas Pattison saith that the said Thomas
        Taylor his action aforesaid Ought not to have for that the said
        Thomas Pattison hath performed the condition of the said writeing
        Obligatory & this he is ready to averr whereupon he demands judgmt
        whether the said Thomas Taylor his action aforesaid against him
        Ought to have.
          And the said Thomas Taylor Saith that he ought not to be barred
        of his action aforesaid because he saith the said Thomas Pattison
        hath in nothing performed the Condition of the said writeing Obliga- p.257
        tory because he saith that the Said Court of Dorchester hath bat-
        lanced the accompts between them and have adjusted the same to
        thirteen thousand foure hundred & fifty pounds of tobacco to be
        due to the said Thomas Taylor which the said Thomas Pattison hath
        not paid or satisfied according to the Condition of the said bond and
        of this he putts himselfe upon the Country, and the said Thomas
        Pattison saith he hath performed the said Condition and of this he
        putts himselfe upon the Country likewise Therefore Comand is