| Volume 717, Page 340 View pdf image |
 |
|
|
 |
|
|
331) 340 Oath read and though upon much arguem.t the Court permitted the same to be read yett w.th this direccons to the Jury not to take the same as Evidence but as a history That the same was read and in the same was proved the said Estis comeing with his ship from Petuxent to S.t Marys and there unloading severall goods & Mechandizes in the Informacon menconed at Underwoods & Yores and putting them into Underwoods tobacco house and Cellar by M.r Underwoods Lycence and many other substantiall proofes and other Evident Circumstances touching the proceedings of the said Master & Merchants in breach of the said Acts of Parliam.t in the Informacon menconed As by the said Affidavitt may appeare Yett the said Jury would take noe notice of the same but found for the Defend.t though many of the Jury then at barr did declare that if that oath might have been admitted as Evidence they must have found for the plt All which is Erronious and the Verdict against proofe and law 4 The Plt produced an order of the said Provinciall Court made the sixth of March whereby they had left matter upon the said Informacon to bee determined at a Speciall Court to be held the Fourteenth March wherein at the request of the said Lynch for himselfe and others interested in the said goods w.ch were many of them Liquors and other perishable Comoditys it was Ordered the same should be appraysed and delivered to M.r Lynch he giveing security and psueant to that order they were appraised and amounted to seaventy six Eight shillings and Nine pence as by the same produced appeared and the bond given by M.r Lynch being alsoe produced whereby it planiely appeared the said goods were European goods & imported into this Province by land or by water and were owned by the said Lynch and other the Merchants of the said ship Providence of Deale and soe lyable to seizure and Condemnacon yett the Jury tooke noe notice of the same which they ought to have done 5 The said Lynch by his Councell offered for law before the Jury that the said goods were not questionable or condemnable without Estis and the ship were first condemned for the transgression makeing the same like the case of principall & accessory and that the Master and ship not being seized being the principalls the accessorys is it cleare w.ch is not admitted for law or reason Nor doth this Case similate w.th that of principall & accessory for if goods be brought in by land & seized if not entred according to law they are by express words of the Act 15.o Car 2.s in the Informacon menconed forfeited and if they come by water and be seized and the vessell that brought them in goe away that she cannot be seized here it doth not at al excuse the goods yett admitt the same were disputable in law the Jury had not to doe therewith but only with matter of Fact and the Jury ought to have notwithstanding that suggestion to have brought in for the plaintiffes or at least a speciall verdict upon the whole matter For their Dutys is to find the truth of the whole fact and to referr the discussion of the law to the Justices there ariseing upon argum.t & Evidence special matter of law And the Reverend Cooke sayes If the Jury will not find the speciall verdict matter and leave it to the Judgem.t of the law they ought at their perill to find according to law and if the Jury find contrary to law and have mistaken the lawe Judgem.t shall bee given contrary to the Verdict And the Jury here have found contrary to Evidence & law and soe the same ought to be quasht (6 |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Provincial Court Land Records, 1676-1700
| Volume 717, Page 340 View pdf image |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives