74        Provincial Court Proceedings, 1666.

       Liber FF Ordered uppon the foregoeing petn that it be granted the petr ac-
              cording to the prayer thereof

                Warrant issued to the sherriffe to impannell a Grand Jury forthwth
                Sheriffe Returnes his writt & impannells
              Foreman Humphery Waring John Piper
                 Thomas Browne    John Tenneson
                 Daniel Clocker   James Bowling all Called and
                 Will Hampsted    Rich: Foster  answered euery
                 Edmund Beachamp  Tho: Wynne    man by his
                 Thomas Hatton    Edwd Richardson    name
                 John smyth       George Marshall
                                  Walter Hall
                After Proclamacon made by the sherriffs deputy for all persons
              that hath any indictments &c to put them into Court first that they
              may be deliuered the Jury Whereupon Wm Caluert Escp his Lordps
              Attorney Gen” pref errs this indictmt following
                Let it be enquired for the Right Honble the Lord Proprietr whether
              Mary Marler of Portobacco in Charles County spinster the 15th day of
         [p. 314] Aprill last past being big wi” Childe by Gods Prouidence was deliuered
              of two Children the One Male the other Female, which sd Male Childe
              she did cause Hannah Lee of Portobacco in Charles County afore-
              said to lay in the Cold, of which laying in the Cold, it did that same
              day dye, and soe whether the said Mary Marler and the said Hannah
              Price the sd man Childe att Portobacco aforesaid in the County
              aforesd by laying in the Cold in manner & forme aforesaid feloniously
              did Kill & murder Contrary to his lordps peace and the forme of the
              Statute in that case prouided      Will Caluert
              Wittnesses Elioner Lindsey

                The Jury being all sworne They had theire Charge giuen, wth
              the prisoners Examinacons formerly taken and all the Euidences that
              could be made or brought in the Cheife Euidences being Elioner
              Lindsey and Jone Neuill who appeares not
                The Jurors went out to Consider of theire uerdict, who after
              a while return'd againe theire uerdict written on the bottom of
              the Indictmt thus
                Though wee cannot by euidence finde Mary Marler guilty of the
              murder abouesaid according to the words of the Indictment yet by
              her flight wee finde the law makes her Guilty and ought to be
              indicted and prosecuted, Wee allsoe finde Hannah Price by her Con-
              cealmt of the murder of the Childe so many dayes to be accessary to
              the said murder
                Billa Vera

         [p. 315] Mary Marler being called, the sherriffe came and Certifyed the
              Court that she had broke prison and fled for it, Whereupon Procla-
              macon made three times that if she came not in, to be Outlawed