Provincial Court Proceedings, 1670. 619

     Anderton Adam Head John Wright David Driver Richard Bayly Liber JJ
     John Waghop Marmaduke Semme Richard Smith and Jonathan
     Sibrey being the Grand inquest for the body of this province doe
     present Francis Kilborne Benjamin Cloyster and Philip Burges of
     the Clifts for that they the said Francis Kilborne Benjamin Cloyster
     and Philip Burges two certaine hoggs of the goods and Chattells of
     Thomas Sterling of Calvert County upon the southeast side of the
     path that leads to petuxent in the County aforesaid the sevententh
     day of February in the yeare One thousand six hundred sixty nine
     did Kill steale and carry away contrary to the forme and effect of a
     certaine Act of Assembly in that case had made and Provided and
     against the peace of his Lordshipp his rule and dignity.
      Afterwards to witt the sixtenth day of April in the xxxviiith
        yeare of the Dominion of Caecilius &c Annoq Doth One thousand
        six hundred and seventy Comand was given by the Court to the
        Sheriff of St Maries County to bring the said Francis Kilborne Ben-
        jamin Cloyster and Philip Burges then prisoners in his Custody to
        the barr of the same Court who appeareing in their proper persons
        and holding up their hands at the barr and heareing the abovesaid
        indictment read said they were not guilty thereof and putt themselves
        upon the Country wherefore it was Comanded the Sheriff of St
        Maries County that he cause ithediately to come here before the
        justices of the said Lord proprietary of his said provinciall Court to
        keepe the peace assigned and to heare and determine all felonies
        trespasses and other misdemeanours in the said Province committed
        twelve lawfuil freemen of the said province to make a jury to know
        the truth of the premisses because the said Francis Kilborne Ben-
        jamin Cloyster and philip Purges have putt themselves upon the same
        jury And afterwards to witt the same day the said Francis Kilborne
        Benjamin Cloyster and philip Burges being againe brought to the
        barr of the same Court and appeareing in their proper persons and
        the jury aforesaid by the Sheriff aforesaid being impannelled and
        called namely John Quigly Mathias Decosta James Humes Curtis
        Fletcher Henry Exon William Lawrence Elias Beach John Barnes
        James Lee John Currer John Bailey and John Nutthali likewise came
        and the said indictment being then and there read and the wittnesses
        to provc the said indictment to witt James PJton James Mecall Mary
        Mecall William Kitson George Davison and Philip Clayton being
        sworne and examined to Speake the truth according to their severall
        knowledges about the concerning the premisses being heard and the
        said Francis Kilborne Benjamin Cloyster and Philip Burges being
        required to make their defence thereunto being likewise heard the
        said Jurors say that the said Francis Kilborne Benjamin Cloyster
        and Philip Purges are not guilty of the premisses in the abovesaid
        indictment specified in manner and forme as against them is sup-
        posed Whereupon Proclamation being then made and no person ap-
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