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Proceedings of the Provincial Court, 1677-1678
Volume 67, Preface 18   View pdf image (33K)
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             xviii                Introduction.

             about 1200 pounds of tobacco in bulk, and almost five rooms of tobacco hang
             ing, in all about 2600 pounds (post, p. 344). The Sheriff marked the house
             “with the broad arrow (according to the usual custome of this Province of
             Maryland) which hath hitherto bin . . . a good & legall seizure upon Exe
             cucons”. February 16, 1675/6, a few days after the seizure, Peca, Knighton's
             landlord, seized the tobacco, though he knew it was already marked with the
             broad arrow, and took it away where Sheriff Stockett could not find it. For
             this, Stockett sued Peca for 2909 pounds of tobacco. Tenant Knighton said
             that Peca seized it before the execution by the sheriff, for rent due him from
             Knighton, that he marked it, that Col. Chew came later and marked it, and
             that then the Sheriff put the broad arrow on it. After the hanging tobacco had
             seasoned, Peca stripped it and packed it into hogsheads, and Col. Chew sent
             his son and some seamen and fetched it away (post, p. 45). Chew was a mem
             ber of the Council, and therefore chief judge of the Anne Arundel County
             court when he was present. Peca was arrested, at Stockett's suit, by the
             sheriff, now John Welsh. Four times the case was continued, and on October
             17, 1676 it came to trial in the country court. Both parties appeared, and the
             jury, summoned and sworn, heard the testimony and found for Plaintiff
             Stockett. Peca was ordered to pay him 2600 pounds of tobacco and costs.
             Immediately as such things went at that day, Paca got from the Chancellor a
             writ of error to have the proceedings in the lower court sent up to the Pro
             vincial Court. The case came up in the higher court on February 3, 1676/7.
             Peca assigned thirteen errors, and asked that because of them the judgment for
             Stockett be revoked. Stockett imparled until the next court (post, p. 349).
             Meantime, on April 26, 1677, the Provincial Court, at Stockett's instigation,
             declared that Peca had not given the necessary security to pay the judgment,
             and, for that, it issued a procedendo to the Anne Arundel County court. On
             June 19, 1677, Peca produced to the Provincial Court a certificate from the
             lower court that he had given bond to pay Stockett 7000 pounds of tobacco if he
             [Peca] did not prosecute a writ of error he had sued out against the October
             17, 1676 judgment, and he was then discharged from the judgment and from
             the procedendo (Archives LXVI, p. 436). Four months later, October 9, 1677,
             the Provincial Court ordered that Peca have a writ of restitution, and that
             Stockett answer the errors next December court (post, p. 141). Next December
             the Court was adjourned until February 1677/8. February 23, 1677/8, Peca
             v. Stockett was continued until next court (post, p. 209). Next court was held
             on April 9, 1678, and defendant Stockett imparled (post, p. 239). Now the
             next court was held from June 11 until June i8, 1678. On June 15 both parties
             appeared by their attorneys. George Parker said for Stockett that there were
             no errors in the rendering of the judgment; and both parties prayed that the
             Court “doe proceed as well to the examination of the Record & process as to
             the aforesaid matter for Errors assigned . . . (post, p. 350). The Court had
             not yet made up their minds, so three days time was given to the parties. June
             18, 1678, the Court said that the rendering of the judgment was “mani
             festly erronious” and that it was to be “revoaked adnulled & altogether held
             for nothing And that the said Robert Peca unto all things which he by occa
             


 
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Proceedings of the Provincial Court, 1677-1678
Volume 67, Preface 18   View pdf image (33K)
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