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Thomas Cocher
Pardon
22 Mar 1668
Chancery Court Proceedings, Liber CD, Folio 523
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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
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Chancery Court Proceedings, Liber CD, Folio 524
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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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