180    Court and Testamentary Business, 1642.

 Liber P. R.            (Govr     called to the barre John Elkin, who held

                  Sedent Secretary. vp his hand, & was arraigned of the

                   felony & murther wherof he was indicted, to his arraignmt he

                  pleaded not guilty & for triall putt himselfe vpon God & his

                  country.

                     Then the sheriff returned his writt, & were impanelled,

                    & sworne (the prisoner making no challenge to any of them.)

                  david whitcliff        robert Kedger   Robt nicolls   Joseph Edlo

                  George PyeWilliam Asiter    william hardige Johnhalf head

                  Arthur le hay          xpofer Carnoll  william hookins     Gerrard fford.

                    And his Lops Attornygave in evidence the examination of John

                  Elkin, signed wth his owne hand, wherin he confessed that he

                  killed the Indian, & related the manner of it. and he confessed

                  the said examinaon to be true, & that it was signed by his owne

                  hand.

                    And the Jury returned, not guilty, but explaining them

                  selves that they delivered that verdict because they vnderstood

                  the last not to have beene committed agst his Lops peace or the

                  kings, because the party was a pagan, & because they had no

                  president in the neighbour colony of virginea, to make such

                  facts murther &c. the Govr satisfied them that those Indians

                  were in the peace of the king & his Lop & that they ought

                  not to take notice of what other colonies did, but of the Law

                  of England, &c. and therevpon dismissed them to consider

                  better of it.

                    And then they returned, that they found him guilty of

                  rnurther in his owne defence. and being told that this implied

                  a contradiction they returned to consider better of it: and then

                  they returned for their verdict, that they found that he killed

                  the Indian in his owne defence.

                    And the Govr willed that the verdict be not entred as a

                  verdict, but that another Jury be charged to enquire & try by

                  the same evidence.

                    hangat Baker, Peter macrill, & Thomas Pasmore, returned

                  by the sheriff, & not appearing vpon call to goe vpon the Jury,

                  were fined by the Court 100 l tob.

        p. 79 1642

                    ffebruary 7mh John hamton demandeth of the estate of

                  John Angud deceased 300 l tob for a dogg lent vnto him when

                  he went to the sesquihanowes

                    8. Robt nicolls demandeth of John wayvill 5000 l tob, due

                  by accompt.

                    warrt to warne deft to answere to morrow, vpon pill iudgmt

                  warrt to warne Philip white, Simon Richardson, & Richard

                  hills to testifie at pill.