Letter of Transmittal.      xvii

     the original dramatic record in the Proceedings of the Provincial Court (Arch.
     Md. xlix; 166-168, 233-235, 453, 496, 538-546, 555). Alvey had been found
     guilty of murdering Alice Sanford, a young indentured servant-maid, who had
     died a few hours after she had been cruelly beaten by her master. He was sen-
     tenced to be hanged, but had escaped the gallows by pleading “the benefit of
     clergy “, and upon showing his ability to read the Book had been branded in the
     hand and released. The following year he stole and killed a neighbor's cow, and
     for this felony was tried and found guilty by a jury and again sentenced to be
     hanged, the Court, according to the regular practice, refusing to entertain a sec-
     ond time a plea for the benefit of clergy. For some reason not very clear, but
     possibly on the grounds of Alvey's mental irresponsibility, and perhaps even by
     prearrangement, immediately after sentence of death was imposed, the record
     shows that “Then Came Severall persons & upon their knees humbly beg of
     the Lienten.t Gen.ll [Charles Calvert] the life of the said Pope Alvey & that
     he would please to Reverse the Judgm.t" The Governor forthwith gave Alvey
     Respite of Execution and Liberty to depart to his own house * * * Yet Never-
     theless the Judgemt & Sentence past against him to Remain in full force &
     Effect on the Records dureing the pleasure of the Governour & according as
     the Said Alvey Shall hence forward behave himself in his Remaining Course
     of Life.” In the formal pardon, granted nine years later, which is signed by
     Gov. Charles Calvert, it is recited that the pardon was granted at the reasonable
     request of the Lower House of Assembly made at a recent session (pages 121-
     130). The records of the Assembly for the May-June, 1674, session show the
     passage, by a unanimous vote of the Lower House, of a resolution, concurred
     in by the Upper House, requesting the Governor to pardon Alvey (Arch. Md.
     ii, 370, 377). This is perhaps the earliest case of a suspended sentence and
     release on probation in a capital case to be found in the history of Maryland
     jurisprudence.
       Pardons were issued in favor of thirteen other persons in the decade covered;
     four of these pardons were granted to persons who had caused the death of
     others “by misadventure “. Thomas Curre was a minor “under the age of
     discretion “, who had killed a certain Elizabeth Walton by misadventure, but
     notwithstanding was under actual presentment in the Provincial Court (pages
     202, 210). Three other individuals under indictment for killing by misadven-
     ture were: John Richardson of Talbot County, who in 1670 had caused the
     death of his wife Mary; Thomas Cocher of Portobacco, Charles County, for
     killing a certain Richard Turner in 1668/9, and Thomas Floyd in 1677 for kill-
     ing one Eagle Durant. These were all pardoned, although it appears that Floyd
     had been previously” indicted, arraigned and convicted “ in the Provincial Court
     (pages 246-248, 222-224, 210-211). Six persons were pardoned for hog-steal-