530       Provincial Court Proceedings, 1669—70.

        Liber jj   writeing notwithstanding which the said John the said summe of
              sixty thousand pounds of tobacco to him the said Marke though often
              thereunto required hath not paid nor given to him any Content for
              the same, whereupon he saith he is dampnified and hath losse to the
              value of two thousand pounds of tobacco And thereupon he bringeth
              his suite.
                And the said John Nutthall by Daniel Jenifer his Attorny doth
              come and defend the force and injury when &c and prayeth the heare-
              ing of the said writeing and it is read unto him he prayeth also the
              heareing of the Condition of the said writing and it is read unto him
              in these words the Condition of this Obligation is such That if the
              abovebound John Nutthall his heirs executors and administrators or
              any of them doe and shall well and truly pay or cause to be paid to
              the abovenamed Mark Cordea his executors administrators or as-
              signes or any of them the full and just summe or quantity of thirty
              thousand pounds of like good sound and merchantable tobacco and
              caske at One entire payment at or upon the tenth day of October
              next ensueing the date hereof at some convenient place in the County
              aforesaid that then this present Obligation to be of no effect or else
              to stand in full force and virtue, which words being read and heard
              the aforesaid John by his said Attorny cometh and defendeth the
              force and injury when &c and saith that the aforesaid Marke Ought
              not to have his action aforesaid against him because he saith that he
              at the time of the makeing the writeing aforesaid was within the age
              of One and twenty yeares and this he is ready to averr, whereupon he
              demandes judgment whether the aforesaid Marke Ought to have his
              action aforesaid against him &c And the said Marke Saith that the
              said John was at full age and this he is ready to averr, And the afore-
              said John saith that he was within the age of One and twenty yeares
              at the time of the makeing of the aforesaid writeing as he hath al-
              ready alleadged and of this he prayes may be enquired of by the
              Country and the said Marke likewise.
                Wherefore it is Comanded the sheriff of st Maries County that
              he cause to come here to witt the sixtenth day of April in the eight
              and thirtith yeare of the Dominion of Caecilius &c twelve &c by whom
              &c who neither &c because aswell &c at which day the Jurors betweene
              the parties aforesaid in the plea aforesaid appeared and the said
              Marke Cordea by Robert Carvile his Attorny and the said John
              Nutthall by Daniel Jenifer his Attorny appeared likewise and the
              said Jurors sumoned impannelled and sworne upon their Oathes say
              that according to the actions in buying selling and severall dealings
              of John Nutthall That the said John was of full age on the two and
              twentith day of march One thousand six hundred sixty eight which
              was the time of sealing and delivering the bond now in suite, where-
              fore it is considered off by the Court that the said Marke Cordea