412        Provincial Court Proceedings, 1676.

             Liber N N  John & Nathaniel One hundred & twenty thousand pounds of tobacco.
                    And thereupon they bring their Suite And they bring here into Court
                    their Letters Testamentary by which it may appeare to the Court here
                    that they are Executrs &c and have right of administracon &c
                     And the said George and Johanna by George Parker their Attorny
                    come and defend the force and injury when &c and pray the heare-
                    ing of the said writeing Obligatory and it is read unto them they also
                    pray the heareing of the Condition of the said writeing Obligatory

                    and it is read unto them in these words vizt The Condition of this
                    present Obligation is Such that if the abovesaid George Wells and
                    Johanna Goldsmith or any or either of them their heirs executrs or
                    admrs doe Stand to and abide whatsoever action transaction or agree-
                    ment that the abovesaid Thomas Howell shall doe or make by way
                    of arbitrament or otherwise in a cause depending in the Provinciall
                    Court of Chancery for the Province of Maryland between Margarett
                    Penry of the County aforesaid plaintiff and the said George Wells
                    Johanna Goldsmith & Thomas Howell defendants and shall like-
                    wise pay and cause to be paid unto the said Thomas Howell or to his
                    certaine Attorny his heirs executrs admrs or assignes the One half e
                    of what (by the determination of the said Court or by the determina-
                    tion of any other Court within the said province or by the arbitration
                    of persons that the said Thomas Howell shall thinke meete) costs
                    charges payment or payments of mony or tobacco that the said
                    Thomas Howell shall be by Order or agreement as aforesaid awarded
                    & ordered to pay with all other disbursemts proportionable as afore-
                    said without any wager of Law &c that then this present Obligation
                    to be void & of none effect otherwise to stand remaine and be in full
                    force power and vertue. Which being read & heard the said George
                    Wells & Johanna Goldsmith say That John Howell & Nathaniel
                P. 255  Howell Infants under the age of twenty one yeares by Philemon
                    Loyd their Guardian Ought not to have their action aforesaid against
                    them because they say, that they alwayes were & Still are ready to
                    performe the Conditions in the said Obligation and to Stand & abide
                    whatsoever action transaction or agreement that the Said Thomas
                    Howell did make by way of arbitrament or otherwise and they
                    aiwayes were & Still are ready to pay the One half e of what costs
                    by the determination of the said Court or by the determination of any
                    other Court in the said Province or by arbitration of persons that
                    the said Thomas Howell did thinke meete that the said Thomas
                    Howell should by Order or agreement as aforesaid award & order
                    to pay with all other disbursments proportionable as aforesaid
                    without any wager of Law. And that they have already paid the
                    summe of twenty-nine thousand eight hundred & eight pounds of
                    tobacco in performance of the condition of the said writeing or bond
                    Obligatory & further they Say that the said Thomas in his life time
                    nor the said John Howell & Nathaniel Howell by Philemon Loyd