Proceedings of the Provincial Court of Maryland, 1663-1666 (Archives of
Maryland, XLIX, Baltimore, 1932)
(Excerpt from the Proceedings for 1664)
The Jury for the Right Honble the Lord Proprietary Doe prsent
Pope Alvey in Brittons Bay in the County of st Marys Cooper the twenty ninth
day of ffebruary in the yeare of Our Lord God 1663 att St Winifreds in st
Clements Hundred in the County aforesaid upon Alce Sandford Servant to the said Pope Alvey
by force and Armes an Assault did make and wrh Certaine Sticks of no vallue
which hee the said Pope Alvey in his right hand then and there did hold, divers blowes on
the Body of the said Alce Sandford did strike soe that of the Said Blowes the said Alce
Sandford did dye wthin halfe an houres space, and soe that the said Pope Alvey
the said Alce Sandford then and there feloniously did kill Contrary to the peace of his
said Lordsp his Rule & dignity
[*BB:298] The Jury for the Rigt Honble the Lord
Proprietary Doe prsent Elizabeth Greene of Garriden in Calvert County spinster
the sixth day of May in the yeare of Our Lord God 1664 being bigg wth Childe by
Gods Providence was delivered of a Certaine living man Childe which said living man Childe
She the said Elizabeth Greene did throw into the fire, And soe that the said Elizabeth
Greene the living man Childe by throwing into the fire in manner and forme aforesaid, then
and there feloniously and of malice forethought did Kill and Murder Contrary to the peace
of his said Lorsp his Rule and Dignity-- The Grand Jury discharged and the Petite Jury
called (vizt) Foreman Mr Richard Smyth, Thomas Bennitt, Joseph Horsley, William
Hatten ,Wm Dorrington
William Watts, Francis Armstrong, Robert Jones, Robert Blinckhorne, William Black
,William Groome, William Harper.
The presentments was againe read to the said Jurors, And the Evidences Called Examined
and Sworne as afore-The Jurors wthdrew to Consider on the said Bills and their
Charge--
The Jurors being called and answering all of them to theire Call by theire Severall
names-The fforeman delivers in theire Verdicts endorced on the backside of each bill with
this word (vizt) Guilty--
Pope Alvey Arthur Nottooll and Elizabeth Greene all Called by theire names to the
Barre--
Pope Alvey first demanded of him what hee had to say for himselfe. To which hee Craves
Benifitt of Clergy, which was granted him, And the booke being given and demanded whither
he read or not, Answere was made that hee read--
Arthur Nottooll being demanded what he had to say for himselfe To which hee Craves
benifitt of Cleargy, wch was Granted him, and the booke being given. and
demanded whither he read or not, Answere was made. the hee read--
Ordered thereupon that the said Pope Alvey & Arthur Notooll bee forthwith burnt in
the brawne of theire righte handes with a red hott Iron. Which was by the Under Sherriffe
immediately Executed--
[*BB:299] Then was it demanded of Elizabeth Greene, what she had to say for
herselfe, Answered that she threw herselfe on the mercy of the Board, being againe
demanded if that was all she had to say, she Answered Yes-Then Sentence of Death past upon
her by the Governor and Judge in these words following (vizt) Elizabeth Greene
Yow shall bee Carryed to the place from whence yow Came, from thence
to the place of Execucon, and there bee hang’d by the neck till yow are
dead. and soe God have Mercy upon yor Soule.
On the Morrow being the 8th of July 1664 warrt issued to the
Sheriffe of st Marys County for the prformance of Execucon (vizt)
Whereas Elizabeth Greene was att Our Court of Sessions Arraigned for Murder and there
found Guilty by the Virdict of the Jury, upon which sentence of Death was past as by the
Judgment given on the 6th day of July 1664 doth upon Our Record appeare,--
These are in the name of the Rigt Honble the Lord Proprietary of
this province to will and require yow to see the said Elizabeth Greene
Liber B B carryed to the place of Execucon this 8th prsent
betwixt 8 and 9 of the Clock in the morning there to hang by the neck till she be dead
according to the Judgmt given on the 6th day of this prsent
Instant, And for soe doeing this shall be yor Warrant Given undr my
hand this 8th July 1664--
Signed Charles Calvert
To the High Sherriffe of St Marys County
[*FF:147] The Charge being given to the Grand Jury Proclamacon was then made by
the Cryer
All manner of persons that have any Bills of Indictmt to put unto the great
Inquest, put them into the Court first that his Lordsps Councell may peruse them or else
they shall not be received
Noe person putting any in, after a while the Jury returnes into Court & delivers in
these bills foll: and that they were Content the Court should amend forme, and false
Latine altering matter of noe substance in those bill wch they have found.
The Jury for the Rigt Honble the Lord Proprietary doth prsent
that Pope Alvey of Newtowne hundred in the County of St Marys Cooper the 19th
day of Decembr in the yeare 1665 att Brittons Bay in Newtowne hundred in the
County aforesd a Certaine Cow of black Culler to the vallue of two pounds tenn
shillings sterling of the Goods and Chattles of Coll: William Evans then And there being
found feloniously tooke stoled kill’d and carryed away against the peace of the said
Lord Proprietary his Rule & dignity
Wittnesses John Jarbo The said Bill by the Jury
James Pattison Endorced thus
Walter Pake Billa Vera
Gregory Rowse
Henry Aspinall
Daniel Hammond
The Grand Jury dismist
Then the Cryer maketh Proclamacon thus, his Lordsps Councell straightly Charge and
Comand all persons to deepe silence for now they will proceed uppon the please of the
Crowne to the arraignmt of Prisoners uppon life and death and that all persons
that have any Evidence to give against any of the prisoners draw near and give yor
attendance uppon forfeiting yor Recognizances--
The Clarke then bid the sherriffe sett Pope Alvey to the Barr, when done, he saith Thou
art here indicted by the name of Pope Alvey for that thou on the 19th day of
December &c: (read the Indictmt 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
deliverance--
Then the Clarke called to the sherriffe for a pannell of Jurors to try the Prisoner
Pope Alvey * * * * *
Clarke
Pope Alvey hold upp thy hand att the Barr These good men that were last
called and have 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 Generall or this inquest to
be taken between the Lord Proprietary and the Prisoner att the Bar of any Treason Murder
Felony or other misdeameanor committed or done [*FF:150] by the Prisoner att the
Bar: let them come forth and they shall be heard, the Prisoner stands att the Bar uppon
his deliverance. Noe informacon given in--
The Jury was then sworne every man severally by this Oath following--
Yow shall well and truely try and true deliverance make between his Lordsp
the Lord Proprietary and the Prisoner att the Bar, whom yow shall have in
Charge according to yor evidence soe help yow God.
The Clarke then call’d them ouer and the sherriffe counted them being twelve
Clarke askt are yoww all sworne or not they answered Yes
The Clark called Pope Alvey hold up thy hand att the Bar, and saith Look uppon the
Prisoner yow that be sworne and hearken to his Cause Yow shall
understand that he stands indited by the name of Pope Alvey for that hee the 19th
day of Decembr in the yeare 1665 (the Indictmt then read out) uppon
this Indictmt hee hath been arraigned uppon his arraigment he hath pleaded not
Guilty, and for his tryall hath put himselfe upon God and the Country which Country are yow,
so that yor Charge is to enquire whether he be Guilty of this felony whereof
hee stands indited or not Guilty if yow find him Guilty yow shall
enquire what lands Tenements Goods and Chattles he had at the time of the [*FF:151] felony
Committed or at any time sithence, if yow finde him not Guilty then shall yow
enquire if he did flye for it or not, if yow finde that he did not fly for it,
then yow shall enquire what Goods or Chattles he had att the time when he did
fly for it, or att any time sithence, if yow find him not Guilty, nor that he
flye for it, say soe and no more, and hear yor Evidence--
The wittnesses were all Called to the Board and sworne which are exprest under the
Inditement and there Examined--The Jury hauing theire Charge given they wthdraw
and Ordered the sherriffe provide them a roome wthout having meat or drinke
untill they make returne of their Verdict.
The Jury of life and death being agreed they came into Court to give theire Verdict,
being call’d by theire names and all answered thereto, was askt by the Clark if they
were agreed of theire Verdict. who answered Yes, who shall say for yow,
answered the foreman
Pope Alvey hold up thy hand att the Bar.
Then say to the Jury Look upon the Prisoner yow that be sworne what say yow,
is he Guilty of the felony whereof he stands indicted or not Guilty Who delivered theire
verdict in writeing on the back of the Inditement, Thus-(Guilty) And the Cow worth Eleven
pence and noe more--
Whereupon they were againe Comanded out to Consider thereof with a Charge given them to
have a speciall Care in what they did.
[*FF:152] The Jury returnes into Court the second time & askt if they were
all agreed as in the former time who answered yes Then the foreman delivers in theire
Verdict on the back side of the Inditement thus (Guilty)
Then being askt what lands or Tenements Goods or Chattles had he at the time of the
felony Comitted or att any time sithence--theire Answere None to Our knowledge, did he
fly, noe
Clarke/Hearken to yor Verdict as the Court Recordeth it--Yow say
Pope Alvey is Guilty of the felony whereof he stands indicted: answere Yes And so yow
say all, answere Yes
The Petty Jury dismist
Clarke saith/Sherriffe set the presoner to the Bar:
Judge speaketh--Yow doe remember that yow have been indicted for
felony by yow done and Comitted; uppon yor indictment yow
have been arraigned and have pleaded not Guilty, And for yor Tryall have put yor
selfe uppon God and the Country which Country hath found yow Guilty, what cann
yow now say for yor selfe why according to law yow should
not have Judgmt to suffer death. Whereuppon hee Claim’d the benefitt of
his Clergy, which were denyed him the Record makeing it manefest that he have had it
allready allowed him in this same Court. Then he throw himselfe upon the mercy of the
Board. The Judge then read this sentence to him & gave Judgment in these words
following-(vizt)
Yow shall be Carryed to the Place from whence yow Came, from
thence [*FF:153] to the Place of Execucon and there be hanged by the neck till yow
are dead--
Then came severall persons and uppon theire kneese humbly begg of the Leiutennt
Genll the life of the said Pope Alvey, & that hee would please to reverse
the Judgmt Through the Earnest intercessions of the said prsons, The
Governor hath given & Granted the said Pope Alvey Respite of Execucon and
Liberty to depart to his owne howse Yet nevertheless the Judgmt and sentence
past against him to remaine in full force and effect on the Records during the pleasure of
the Governor and according as the said Alvey shall hence forward behave
himselfe in his remaining Course of life.
EOD |
