Provincial Court Proceedings, 1677/8.    349

        who he confesses had seized the tobacco for rent before the Exe- Liber N N
        cucãn, & marked some of Cot Chews marke, but the Defendts Witt
        nesses could not be heard All which is illegall & erronious, there
        not being any matter of Law in the proceedings & evidences afore
        said sufficient to convict the Defendt of the trespasse or trespasse
        of the case agt the plaintiffe as aforesaid, so the verdict & judgmt
        thereupon is agt Law & without any legall warrant, & so in the whole
        manifestly erronious
          Itt is said in the Record, that after full hearing of the allegacons 10thly
        & pleadings in & upon the severall testimonies of the said Deponts
        on both sides, which is false & erronious, for the Defts Wittnesses
        were not heard.
          The jury finde for the plt only, & the judgemt is that the plaintiffe 11thly
        had recovered two thousand six hundred pounds of tobacco, & or
        dered to pay two thousand six hundred pds of tobacco with costs of
        suite, which comes to nine hundred forty one pits of tobacco more,
        which is false & erronious, For there was not any warrant for such p. 582
        a positive Judgemt but the plaintiffe ought to have taken out a Writt
        of Enquiry of damages without which the said judgemt & Execucon
        thereupon is wholy erronious & vitious
          Itt appeares by the said Record, that long before Taillors Judgemt
        or Execucon which was in ffebruary Court to witt the fourth day of
        Decembr before Knighton had passed a noat for that tobacco for 12thIy
        his Landlords rent to W Chew to whom Peca paid itt, & Mr Chew
        received itt pursuant to that noat as by his receipt, and all the tobacco
        which they as itt lay in bulke & was hanging thought to be two
        thousand six hundred pds of tobacco, came but to Eighteen hundred
        twenty two pds of tobacco, & yet they get judgemt for two thousand
        six hundred pds of tobacco, which is illegall erronious & not by Law
        warranted.
          The defendt Peca was Landlord to Knighton, & long before the
        judgemt or Execucon gives Peca possession of all the plantacon & 13thly
        houses & tobacco & goods in them for rent, & the plaintiffe to come
        afterwards to Levy the Goods so seized for rent is agt Law.
          And thereupon the said Robert Peca saith that in the Record &
        proces aforesaid, as also in the giveing of Judgemt aforesaid itt is
        manifestly erronious in the Errors aforesaid by him in forme af ore-
        said alleadged And prayeth that the Judgemt aforesaid be revoaked
        and adnulled & held for nought And that he those things which he
        by occasion of the prmisses hath lost to be restored, & that the said
        Henry Stocket to the Errors aforesaid may answer. Which Record
        proces & Errors aforesaid being read & heard, the said Henry Stocket
        by George Parker his Attorney prayeth license to imparle thereupon
        untill next Court & itt is granted unto him, the same day is given to
        the said Robert Peca also.
          Now here att this day to witt the fifteenth day of June in the