Provincial Court Proceedings, 1665-66. 543





        The Clarke then bid the sherriffe sett Pope Aluey to the Barr, Liber F F
      when done, he saith Thou art here indicted by the name of Pope
      Aluey for that thou on the 19th day of December &c: (read the In

        dictmt 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 Robert Dennis was called to the Barre but declared by the [p. 149]
      sherriffe that hee had escaped out of Custody and fled for it Where
      upon Ordered it be Entred for the first time of his being called and
      noe appearance made

        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 im
      pannell'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
      Honble 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 fall 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 yow uppon your 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
        If any man cann informe his lordsps Councell the Attorney Gen
      erall or this inquest to be taken between the Lord Proprietary and
      the Prisoner att the Bar of any Treason Murder Felony or other [p. 150]
      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. Moe informacon giuen in—
        The Jury was then sworne euery man seuerally by this Oath
      following—