544Court and Testamentary Business, 1657.

         Liber B.      The Same Court Continued the 30TH of Septernbt

          No. 3. Commissioners Present as the day before

               His Highness Attorney moveing the Court in the behalf of

              his highness the Lord Protector of England &c: That the

              Court would proceed in order to the tryall of the prisoner

              John Dandy upon which the Said Prisoner was brought againe

              to the barr, And being Called by the name of Iohn Dandy to

              hold up his hand at the barr, did answer to that name and did

              hold up his hand his Indictment being read viz

          p.  John Dandy thou Stancleth here Indicted in the name of the

              Lord Protector of England, Scotland Ireland amid the Dornin-

              ions thereof (by the name of John Dandy) late dweller at the

              mill at Newtown in the County of Patomake in the Province of

              Maryland Smith. In that thou not having the feare of God

              beft)re thine Eyes but being Stirred and moved by the Insti-

              gation of the Devill, didst in or about the 7th of luly last Con-

              trary to the peace of his highness, and the Lawes Established,

              Maliciously and feloniously murther a Servant of thine named

              Henry Gouge. And being apprehended didst breake prison,

              and flee for that fact.

               To which Jndictment the Said John Dandy pleading not

              Guilty, and being demanded how he would he tryed. did

              for his tryall put himself upon God and the Countrey.

               The Court cloth therefore order that the Sheriffe forthwith

              Impanell a Jury of twelve good and Lawfull men to be a Jury

              of Life and Death

               Which Jury being Impannelled and presented to the Court,

              were required to answer to their Names Viz. mr Robert

              Blinkhorn foreman, mr John Ashcomb mr Stephen Gary, mr

              Henry Osborne rnr Iohn Hamblëton George Newman, Richard

              Blinks, Griffin George John Tayler, John Bagbey, mr Nathaniell

              Burrowes mr William Berry, The prisoner was also demanded

              if lie could Except aganst any of the Jury before they were

              Sworne, And the prisoner Excepting agst George Newman,

              Thomas Bellcher was Chosen in his Steed upon which (the

              Jury being Sworne) Proclamation was made that all could give

              in any Evidence in the behalf of his highness the Lord pro-

              tector of England &c: against the prisoner at the barr Should

              Conic in and appeare before the Court upon forfeiture of their

          p. 332   Recullisanance and they Should be heard ; for the prisoner

              Stood upon his Deliverance

               Upon which Proclamation the Wittnesses did appeare, and

              being Called by their Names were Sworne and did deliver

              themselves upon their Oathes in the Court to the lury, amid

              before the face of the prisoner who having all Lawfull Libertie

              amid time to make his defence the Jury was Sent out with their

              Charge to find the Indictmt