| Volume 67, Preface 18 View pdf image (33K) |
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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| Volume 67, Preface 18 View pdf image (33K) |
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