null

Thomas Cocher

Pardon

22 Mar 1668



Chancery Court Proceedings, Liber CD, Folio 523
A Certiorari to Certify y.e prceedings on the Indictm.t of Tho: Cocher 19.0 marcij. 68
Caecilius absolute Lord and Prop.ry of the Provinces of maryland & Avalon Lord Baron of Baltemore &c To our Dear Son Charles Calvert Esq Chief Justice of our Province of maryland Greeting Whereas Thomas Cocher of Pontobacko in Charles County plant.r of the death of Richard Turner whereof he was Indicted late before you and yo.r fellow Justices of O.r Provinciall Court assigned at S.t maries the Eigth day of December in the Seven & thirtieth year our Dominion was Impleaded & by Inquisition of the County upon he thereupon put himself it was there found that the Said Thomas Cocher killed the aforesd Turner by misfortune for w.ch the Said Thomas to the prison of Charles County was Remanded there to Expect our Grace and favo.rs as we are Informed we for that Reason of the Record and process of the Inquisition afores.d willing to be Certified Comand that if it be So that the Record & pcoss afores.d w.th all things thereunto Relateing to us in our Chancery distinctly & plainly under your hand and Seale without delay you Send together with this writt Wittness our Self at S.t maries the 19.th day of march in the 37.th year of our Dominion Annoq Domini 1668 The Return of this writt
The Said Charles Calvert Esq Governo.r & Phillip Calvert Esq Chancello.r make a Return of the Said writt with the Record Annexed und.r their hands and Seales the Effect of w.ch Record is as followeth
Indictm.t
At a Provinciall Court of the Right Hon.ble Caecilius absolute Lord and Prop.ry of the Province of Maryland holden in his Lopps City of S.t maries before the Justices of the Said Court the eight day of December in the 37.th year of his Lopps Dominion 1668 It was Enquired of for the Said Lord Proprietary if Thomas Cocher of Charles County in Portoback Creek, planter on the 24th day of Octr in the Said year at the house of Clement Theobalds in Portoback Creek afores.d upon Richard Turner by force and Armes an assault did make w.th a Certain Gunn of the value of 10.s w.ch he the Thomas Cocher in his Right hand then and there did hold divers wounds in the Body of him the Said Richard Turner did make So that of the Said Wounds the Said Richard Turner Imediately did dye and So the S.d Thomas Cocher the Said Richard Turner then and there ifeloniously did kill Contrary to the peace of his Said Lopp his Rule and dignity
W.m Calvert
The Evidences are Clement Theobalds Ralph Wormley Thomas Knapp Robert Benson Mary Theobalds
The Grand Jury being Sworn & 16 in Number upon the back of y.e Indictm.t write and return Billa Vera Thomas Cocher being Called to the Barr held up his hand & the Said Indictm.t being Read unto he pleaded thereunto not Guilty & being asked how he would be tryed he Answered by God & the Countrey The Sheriff being called brings in a Pannell of Juro.rs whose
Chancery Court Proceedings, Liber CD, Folio 524
names are as ffoll
m.r Joseph Horsley John Staynes Clement Theobalds foreman Oliver Gery John Cocher Henry Hosier John Potts Walter Green Richard Atkins Thomas Hinton Jonathan Marlen Curtis ifietcher
The Jury being Sworn and their Charge Given them Concerning the prisoner and that they should hear their Evidence The S.d Severall Wittnesses appearing were Sworne & Examined in open Court declareing to the Jury what they Could Say therein w.ch being done the Jury went from the Barr & being agreed of their Verdict Came into Court and being Called by their names Answered & that they were agreed & the foreman Shod Speak for them The prisoner being at the Barr the Jury deliver in a Sp.ll Verdict in writeing as followeth viz.t
Verdict
That Richard Turner was killed with a Gunn by Thomas Cocher and they pray the advisement of the Court if the Court do find it manslaughter we find it manslaughter otherwise we find it manslaughter by misadventure The Court then asked the Jury where they find he was when he was killed or Shott, they answered without doors upon Some Loggs a Sleep The Jury was then demanded if he fly for it who Answered no to their knowledge
Judgm.t
The whole Judgement of the Bench is that it was but manslaughter by misadventure Proclamacon being made no other person appeared to give further Evidence against him
Charles Calvert
Phillip Calvert
A pardon for Thomas Cocher
Caecilius absolute Lord and Proprietary of the Provinces of maryland and Avalon Lord Baron of Baltemore &c To all Sheriffs Bayliffs & others to whom these presents Shall Come Greeting in our Lord God Everlasting Because we have understood by the Record of our Dear Son Charles Calvert Escp o.r Chief Justice of our Province of Maryland and his fellow Justices of our Provinciall Court assigned that Thomas Cocher of Portoback in Charles County planter detained in the prison of the Said County for the Death of Richard Turner of w.ch he was Indicted killed the Said Richard by Chance & not by ifelony or of malice forethought We moved w.th piety have by these prsents pardoned unto the Said Thomas the s.d manslaughter & Granted unto him our firm peace thereupon So not withstanding that he stand Right in o.r Court if anyone will him thereupon Implead Given under our Great Seale at S.t Maries Wittness our Dear Son Charles Calvert Escp Lieuten.t Gen.l of our Said Province the two and Twentieth day of march in the year of our Dominion Annoq Domini 1668


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