Proceedings of the Provincial Court of Maryland, 1663-1666 (Archives of Maryland XLIX Baltimore 1932)

(Excerpt from the Proceedings for 1664)

 

 

The Jury for the Rigt Honb1e the Lord Proprietary Doe prsent Pope Aluey in Brittons Bay in the County of St Marys Cooper the twenty ninth day of ffebruary in the yeare of Our Lord God 1663 att St Winifreds in St Clements Hundred in the County aforesaid upon Alce Sandford Seruant to the said Pope Aluey by force and Armes an Assault did make and wth Certaine Sticks of no uallue which hee the said Pope Aluey in his right hand then and there did hold, diuers blowes on the Body of the said Alce Sandford did strike soe that of the Said Blowes the said Alce Sandford did dye within halfe an houres space, and soe that the said Pope Aluey the said Alice Sandford then and there feloniously did kill Contrary to the peace of his said Lordsp his Rule & dignity

 

The Jury for the Rigt Honb1e the Lord Proprietary Doe p'sent

Elizabeth Greene of Garriden in Caluert County spinster the sixth day of May in the yeare of Our Lord God 1664 being bigg wth Childe by Gods Prouidence was deliuered of a Certaine liuing man Childe which said liuing man Childe She the said Elizabeth Greene did throw into the fire, And soe that the said Elizabeth Greene the liuing man Childe by throwing into the fire in manner and forme aforesaid, then and there feloniously and of malice forethought did Kill and Murder Contrary to the peace of his said Lordsp his Rule and Dignity –

 

The Grand Jury discharged and the Petite Jury called (uizt)

                                      Foreman    Mr Richard Smyth                                               Thomas Bennitt

                                                          Joseph Horsley                                                     William Hatten

                                                          Wm Dorrington                                                      WilIiam Watts

                                                          Francis Armstrong                                               Robert Jones

                                                          Robert Blinckhorne                                             William Black

                                                          William Groome                                                   William Harper

 

The presentments was againe read to the said Jurors, And the Evidences Called Examined and Sworne as afore-The Jurors, withdrew to Consider on the said Bills and theire Charge--

The Jurors being called and answering all of them to theire Call by theire Seuerall names- The fforeman deliuers in theire Verdicts endorced on the backside of each bill with this word (uizt) Guilty-

Pope Aluey Arthur Nottooll and Elizabeth Greene all Called by theire names to the Barre-

Pope Aluey first demanded of him what hee had to say for himselfe. To which hee Craues Benifitt of Clergy, which was granted him, And the booke being giuen and demanded whither he read or not, Answere was made that hee read-

Arthur Nottooll being demanded what he hath to say for himselfe To which hee Craues benifitt of Cleargy, wch was Granted him, and the booke being giuen, and demanded whither he read or not, Answere was made that he read

 

Ordered thereupon that the said Pope Aluey and Arthur Nottooll bee forthwith burnt in the brawne of theire righte handes with a red hott Iron. Which was by the Vnder Sherriffe immediately Executed-

 

Then was It demanded of Elizabeth Greene, what she had to say for herselfe, Answered that she threw herselfe on the mercy of the Board, being againe demanded if that was all she had to say. she Answered Yes- Then Sentence of Death past upon her by the Gouernor and Judge in these words following (uizt) Elizabeth Greene Yo shall bee Carryed to the place from whence yo Came, from thence to the place of Execucon, and there bee hang'd by the neck till yow are dead, and soe God haue Mercy upon yor Soule.

On the Morrow being the 8th July 1664 warrant issued to the Sherriffe of St Marys County for the prformance of Execucon (uizt)

Whereas Elizabeth Greene was att Our Court of Sessions Arraigned for Murder and there found Guilty by the Virdict of the Jury', upon which sentence of Death was past as by the Judgment giuen on the 6th day of July 1664 doth upon Our Record appeare,-

These are in the name of the Rigt Honble the Lord Proprietary of this prouince to will and require yow to see the said Elizabeth Greene carryed to the place of Execucon this 8 p'sent betwixt 8 and 9 of the Clock in the morning there to hang by the neck till she be dead according to the Iudgmt giuen on the 6th day of this p'sent Instant, And for soe doeing this shall bee yor Warrant Giuen undr my hand

     this 8th July 1664-                                         Signed Charles Caluert

To the High Sherriffe of of St Marys County

 

 

 

*       *       *

 

The Charge being giuen to the Grand Jury Proclamacon was then made by the Cryer

All manner of persons that haue any Bills of Indictm' to put unto the great Inquest, put them into the Court first that his Lordsp Councell may peruse them or else they shall not be receiued

Noe person putting any in, after a while the Jury returnes into Court & deliuers in these bills foll and that they were Content the Court should amend forme, and false Latine altering matter of noe substance in those bills which they haue found.

The Jury for the Rigt Honble the Lord Proprietary doth p'sent that Pope Aluey of Newtowne hundred in the County of St Marys Cooper the 19th day of Decemb in the yeare 1665 att Brittons Bay in Newtowne hundred in the County aforesd a Certaine Cow of black Culler to the uallue of two pounds tenn shillings sterling of the Goods and Chattles of Coll William Euans then And there being found feloniously tooke stoled kill'd and carryed away against the peace of the said Lord Proprietary his Rule & dignity

Wittnesses               John Jarbo                   The said Bill by the Jury

                              James Pattison                             Endorced thus

                              Walter Pake                                Billa Vera

                              Gregory Rowse

                              Henry Aspinall

                              Daniel Hammond

 

The Grand Jury dismist

Then the Cryer maketh Proclamacon thus, his Lordsp Councell straightly Charge and Comand all persons to keepe silence for now they will proceed uppon the pleas of the Crowne to the arraignm' of Prisoners uppon life and death and that all persons that haue any Euidence to giue against any of the prisoners draw near and giue yor attendance uppon forfeiting yor Recognizances-

The Clarke then bid the sherriffe sett Pope Aluey to the Barr, when done, he saith Thou art here indicted by the name of Pope Aluey for that thou on the 19th day of December etc. (read the Indictm out) then the Clarke saith What saiest thow, art thou Guilty of the felony whereof thou stands indicted or not Guilty. Answered by the Prisoner (not Guilty) then being askt him by the clarke how wilt thow be tryed, Prisoner answered by God and the Country, the Clark saying God send thee a good deliuerance--

 

Then the Clarke called to the sherriffe for a pannell of Jurors to try the Prisoner Pope Aluey

The sherriffe makes his Returne of the names of those that are impannell'd uppon the petty Jury (uizt)

 

 

 

Foreman Capt Thomas Mannyng Justinian Gerrard

                        John Gittings                              Thomas Ennis

                        Richard Stone                            Thomas Sprigge

                        Dauid Jones                                Marmaduke Snow

                        Thomas Hatton                        Daniel Clocker

                        John Smyth                                Peter Mills

 

Clarke saith

Yow good men that be impanelled to inquire between the Rigt Honb1e the Lord Proprietary and the Prisoner att the Barr answer to yor names euery man att the first call upon paine and perill that shall fail thereon

Clarke

Pope Aluey hold upp thy hand att the Barr These good men that were last called and haue here appeared are those that shall passe between the Lord Proprietary and yor uppon yor life and yor death, that therefore if yow [or any of yow] will Challenge them or any of them yow may Challenge them as they come to the Booke to be sworn before they be sworn and yow shall bee heard

The Cryer then makes Proclamacon

1f any man cann informe his lordsp Councell the Attorney Generall or this inquest to be taken between the Lord Proprietary and the Prisoner att the Bar of any Treason Murder Felony or other misdemeanor committed or done by the Prisoner att the Bar: let them come forth and they shall be heard, the Prisoner stands att the Bar uppon his deliuerance. Noe informacon giuen in-

 

The Jury was then sworne euery man seuerally by this Oath following-

Yow shall well and truely try and true deliuerance make between his Lordsp the Lord Proprietary and the Prisoner att the Bar, whom yow shall haue in Charge according to yor euidence soe help yow God.

The Clark then call'd them ouer and the sherriffe counted them being twelue Clarke askt are yow all sworne or not they answered Yes

The Clark called Pope Aluey hold up thy hand att the Bar, and saith Look Uppon the Prisoner yow that be sworne and hearken to his Cause    Yow shall understand that he stands indited bv the name of Pope Aluey for that hee the 19th day of Decemb" in the yeare 1665 (the Indictmt then read out) uppon this Indictmt' hee hath been arraigned uppon his arraignment he hath pleaded not Guilty, and for his tryall hath put himselfe upon God and the Country which Country are yow, so that yor Charge is to enquire whether he be Guilty of this felony whereof hee stands indited or not Guilty if yow find him Guilty yow shall enquire what lands Tenements Goods and Chattles he had at the time of the felony Committed or at any time sithence, if yow finde him not Guilty then shall yow enquire if he did flye for it or not, if yow finde that he did not fly for it, then yow shall enquire what Goods or Chattles he had att the time when he did fly for it, or att any time sithence, if yow find him not Guilty, nor that he flye for it, say soe and no more, and hear yor Euidence-

The wittnesses were all Called to the Board and sworne which are exprest under the Inditement and there Examined-The Jury hauing theire Charge giuen they wthdraw and Ordered the sherriffe prouide them a roome wthout hauing meat or drinke untill they make returne of their Verdict.

The Jury of life and death being agreed they came into Court to giue theire Verdict, being call'd by theire names and all answered thereto, was askt by the Clark if they were agreed of theire Verdict, who answered Yes, who shall say for yow, answered the foreman

Pope Aluey hold up thy hand att the Bar.

Then say to the Jury Look upon the Prisoner yow that be sworne what say yow, is he Guilty of the felony whereof he stands indicted or not Guilty Who deliuered theire uerdict in writeing on the back of the Inditement, Thus-(Guilty) And the Cow worth Eleauen pence and noe more-

Whereupon they were againe Comanded out to Consider thereof with a Charge giuen them to haue a speciall Care in what they did.

The Jury returnes into Court the second time &: askt if they were all agreed as in the former time who answered yes Then the foreman deliuers in theire Verdict on the back side of the Inditement thus (Guilty)

 

Then being askt what lands or Tenements Goods or Chattles had he at the time of the felony Comitted or att any time sithence-theire Answere None to Our knowledge, did he fly, noe

Clarke/Hearken to yor Verdict as the Court Recordeth it- Yow say Pope Aluey is Guilty of the felony whereof he stands indicted: answere Yes And soe yow say all, answere Yes

The Petty Jury dismist

 

Clarke saith/Sherriffe set the presoner to the Bar:

Judge speaketh - Yow doe remember that yow haue been indicted for felony bv yow done and Comitted; uppon yor indictment yow haue been arraigned and haue pleaded not Guilty, And for yor Tryall haue put yorselfe uppon the Country which Country hath found yow Guilty, what cann yow now say for yorselfe why according to law yow should not haue judgmt to suffer death. Whereuppon hee Claim'd the benifitt of his Clergy, which were denyed him the Record makeing it manefest that he haue had it all ready allowed him in this Same Court. Then he throw himselfe upon the mercy of the Board. The Judge then read this sentence to him & gaue judgment in these words following-(uizt)

Yow shall be Carryed to the Place from whence yow Came, from thence to the Place of Execucon and there be hanged by the neck till yow are dead-

Then came seuerall persons and uppon theire kneese humbly begg of the Leiutennt Genll the life of the said Pope Aluey, & that hee would please to reuerse the judgmt Through the Earnest intercessions of the said prsons, The Gouernor hath giuen & Granted the said Pope Aluey Respite of Execucon and Liberty to depart to his owne howse Yet neuertheless the judgmt and sentence past against him to remaine in full force and effect on the Records during the pleasure of the Gouernor and according as the said Aluey shall hence forward behaue himselfe in his remaining Course of life.