The Lower House. 675

neled and sworn (the prisoner making noe Challenge to any of
them)

L. H. J.

David Whitcliff
George Pye
Arthur C. Hay

Robert Kedger
W^m Asiter
Christ^r Carnoll

Rob^t Nicholls
W^m Hardige
W^mHoskins

Jos: Edloe
Jn^o Halfhead
Gerrard Ford.

And his Lordships Attorney Gave in Evidence the Exam-
ination of John Ebkin signed, with his own hand wherein
he Confessed he Killed the Indian, and related the manner of
it; and he Confessed the said Examination to be True, and
that it was Signed by his own hand.
And the Jury Returned not Guilty but Explaining that they
delivered that Verdict because they understood the fact not to
have been Comitted against his Lordships Peace, or [the]
Kings because the Party was a Pagan, and because they had no
precedent, in the neighbour Coloney of Virginia to make such
facts Murther. The Governour Satisfied them that Indians
were in the Peace of the King and his Lordship, and that
they ought not to take notice of What other Colonies did but

of the Law of England &c. And thereupon dismissed them
to Consider better of it, And thus they Returned that they
found him Guilty of Murther in his own defence & 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 own defence.
And the Governour Willed that the Verdict be not entred
but that another Jury be Charged to Enquire and try by the
same Evidence

At a Provintiall Court held January 1665 Proclamation as
in England.
Same Court William Key indicted for a Rape and Indict-
ment Contra formam Statuti.
In 1666 Elegit moved for and Granted, Smith Vers: Price
At a Provinciall Court held 4^th December 1669 lone Col-
ledge was Indicted and Convicted on the Statute 21 Jac 1.
Cap: 27.
At October Provinciall Court 1670 Peter Key was Indicted
for Picking Lodowick Martins Pockett
Indictment laid, clamet Secrete and Concluded Contra
formam Statuti.
The same Court Toby Wells was Indicted on the Statute
of forgery and Conclusion Contra formam Statuti.
At Aprill Provinciall Court 1671, James Sall Robert Warry,
Robert Spear and two negroes were Indicted for petit treason

P. 104