Provincial Court Proceedings, 1668.     355

    mortall wound in the throate of the depth of three inches and breadth Liber FF
    of one inch to the said william Price did giue soe that the said wil-
    liam Price of the last wound had dyed if he had not dyed of the
    former wound to him by thow the said waiter Pake giuen soe that
    thow the said Walter Pake of St Lawrences aforesd in the County
    aforesaid in manner and forme aforesaid feloniously and of malice
    forethought did Kill and murder Contrary to the Peace of his lOpp
    his rule and dignity
      What saiest thow art thou Guilty of this murder whereof thow
    stands indicted or not Guilty
      The Prisoner answered Not Guilty
      Being askt how he would be tryed Answered By God and the
    Country whereupon the sherriffe being called deliuers in a Pannell
    of Jurors whose names are as foll:
    Foreman W Christopher Rowsby John Sewell
        John Vicaris           Reymond
        Peter Joy              Henry Cox
        Mark Pheypo            Robert Gooddrick
        Tobias Wells           Hugh stanley
        Edmund Lindsey         John whahob

      James williams being sumoned as one of the aforesaid Jurors and
    not appearing It is ordered by the Court that he bee fined to the
    Lord Proprietary according to the Act of Assembly
      Also that Nicholas Wyatt being suthoned upon the Grand Inquest
    and refusing to take the Oath of a Juror, was likewise Ordered that
    he bee fined to the Lord Proprietary according to Act of Assembly
    in that Case made and Prouided

      The Clerk sattisfying the prisoner that the Jury last called was [p.655]
    those that must pass upon his life & death therefore if he could
    Challenge any of them to doe it before they were sworne
      The Jury being Called euery man by his name and Answering
    thereunto were sworne seuerally The prisoner making noe Challange
    &c The petty Jury being Counted by the Cryer was twelue in number
      The Prisoner being called to the Barr held up his hand, and the
    Jury looking upon him had the Charge giuen them, (uizt) that they
    shall understand hee stands indicted by the name of Walter Pake of
    St in the County of St Marys &c as in the Indictmt (which
    was read to them at large) upon which Indictmt hee hath been ar-
    raigned upon his arraignmt hee hath pleaded not Guilty, and for
    his Tryall hath put himselfe upon God and the Country which Coun-
    try they were soe that theire Charge was to enquire whether he be
    guilty of the murder whereof he stands indicted or not Guilty if they
    found him Guilty to enquire what lands &c and heare theire Euidence
        27