Provincial Court Proceedings, 1676.     417

        without fraud or deceipt in any respect whatsoever & to the same Liber N N
        to take his corporall Oath and when so done the Court to ballance
        the accompts betweene them & what remaines of the ballance of the
        accompts to be paid upon demand convenient in the said County then
        this Obligation to be void & of no effect otherwise to remaine in full
        force & vertue which being read and heard the Said Thomas Taylor
        saith that the said Thomas Pattison his action aforesaid against him
        Ought not to have because he saith the said Thomas Taylor after the
        makeing of the said writeing Obligatory and before the day of the
        takeing Out of this writ of the aforesaid Thomas Pattison that is
        to say On the third day of ffebruary in the yeare of Our Lord 1675
        in Dorchester County in Open Court of the said County did bring
        with him a faire and just accornpt of all dealings between them & did
        in Open Court of the County aforesaid take his corporall Oath to
        the truth of the Said accompt and the Said Court did allow thereof
        and of the ballance thereof whereby the said Thomas Pattison rests
        Debtor to the said Thomas Taylor the summe of thirteen thousand
        foure hundred & fifty pounds of tobacco according to the effect and
        forme of the Condition aforesaid & that after the same was so
        sworne too & ballanced as aforesaid the same was by consent of the
        said Thomas Taylor & Thomas Pattison delivered to the Clerke of
        the said County Court of Dorchester aforesaid to be recorded, and
        this he is ready to averre and desireth judgment if the aforesaid p. 258
        Thomas Pattison his action aforesaid against him Ought to have &c
        And the aforesaid Thomas Pattison Saith that the said Thomas
        Pattison Saith that the said Thomas Taylor hath not performed the
        Conditions of the said writeing Obligatory, and this he prayes may
        be enquired off by the Country and the defendant also.
          Therefore Comand is given to the Sheriff of st Maries County
        that he cause to come here twelve &c Now here at this day to witt
        the Seaven & twentith day of April Anno 1677 Came the said
        Thomas Pattison & Thomas Taylor by their Attornyes & the jurors
        of that jury likewise came to witt Edward Inglish Thomas Spink
        Marmaduke Semme Samuel Raspin Thomas Russell Ninian Beale
        John Darby John Barnes John Waghob John Hyland ffrancis
        Swinfen & James Rumsey who being impannelled Suthoned & Sworne
        to try the issue joyned betweene the said partyes the said Thomas
        Pattison refused to make further prosecution in this suite, where-
        upon a non suite was awarded against him and that the said Thomas
        Taylor recover against the said Thomas Pattison the summe of
                   pounds of tobacco costs of suite and the plaintiff in
        mercy &c.

        Pope Alvey
           agt
        John Jordaine