Enclosed is my transcription of proceedings regarding the conviction, sentencing and pardon of John OULDTON/OULTON in 1692, based on his murder of Dennis GARRETT in 1691. Would appreciate assistance in transcribing some of the words which were illegible and/or unclear on pp. 14 and 16 of the microfilmed document (Provincial Court Judgments, 1692-1693, Liber D.S. No. C, Vol. 4, pp. 14-16)). The image can be accessed from the Md. State Archives' website. My transcription:
[Most of the first four lines are illegible]
“… Grand Inquest __illegible witnesses to the Barr being called all
Appear _____illegible_ to the Court the Severall Bills _?__
Our _______illegible______ a Rape, committed on the body of One
Catherine Cheney a Virgin of Eleaven years of age
The Second Bill against John Ouldton for Murther committed
upon the body of One Dennis Garrett:
and the third Bill against One Rebeccah Saunders for
Murder comitted on her Basbornd Child.
The ___illegible__ the Court shall move[?] forward[?] _illegible_
of noe Substance in these Bills they have found.
The Court then gave the Grand Inquest a further Charge
and they got out to Consider thereof:
Maryland SS. The Jurors for our Sovereign Lord and Lady the King and Queen upon their Oathes doe present John Oulson otherwise called John Oulston alias Ouldton late of Baltemore County Taylor for that he the said John Ouldton the thirtyeth day of July in the yeare of our Lord One thousand six hundred Ninety One at Baltemore County in the province aforesaid not haveing the feare of God before his Eyes but being moved by the instigation of the Devill with force and armes ec [et cetera] in and upon the body of one Dennis Garrett then and there in the presence of God and their Majestys being an assault did make and him the said Dennis with one Sword of the value of Twenty Shillings being the propper Sword of the
said John Ouldton upon the forehead of the said Dennis One blow did
give of which said Blow the said Dennis imediably from the
thirtyeth day of July aforesaid till the Second day of September following did Languish on which Second day of September aforesaid
in the yeare and at the place aforesaid the said Dennis Garrett of the blow aforesaid did dye: And for the Jurors aforesaid on their Oathes
Say, that the said John Ouldton him the said Dennis Garrett the day yeare
and place aforesaid did Kill & Murther contrary to the peace ec.
Philip Roper: Nicholas Hale, John Cole
Tho. Stone: Abraham Vaughan, Barbra Garrett [witnesses]
per late Attorney Genrll.”
On the back side of the aforegoing presentment was by the Grand
Inquest Endorsed Billa vera [true bill]
Upon wch. presentment the aforesaid John Oulson was Indicted upon
his Indictmt. arraigned and upon his Arraigmt pleaded not Guilty
and for his Tryall putt himself upon God and the Country And
the said Attorney Generall for their Majestys likewise. Therefore it is Comanded the Sheriff of St. Mary’s County that
he cause to come these Twelve ec By whom ec.
Now here? at this day to witt the Sixth day of Aprill
Anno Domi 1692 Came the said Attorney Generall and the said
John Ouldson was brought to the Barr and the Jurors impanneled
being called likewise came – to witt Edward Pollard, Luke Raven, Henry
Taylor, Richard Attwood, Richard Bottwell, Jasper Hall, John Edwards,
and Stephen Johnson, who being _?__ and Sworne to say the
truth in the premises upon their oaths doe say We of the Jury
find John Ouldson Guilty of manslaughter: which Verdict
of the Jury being read unto the prisoner it was demanded of him
why Sentence of death should not pass against him according to law.
Whereupon the said John Ouldson prayed the benefit of Clergy and it
was granted him. Mr. John Knowellin[?] appointed Ordinary[?] Handed
the bible to the said John Ouldson, who did not reade, nor could.
Whereupon the same day to witt the said Sixth day of Aprill
It is Considered by the Court that the said John Ouldson be hanged by the neck until he be deade.
Afterwards the said John Ouldson was graciously pardon
by their Maj’tys pardon in usuale forme.”
MARYLAND STATE ARCHIVES
(Huntington Collection of Maryland State Archives Security Microfilm)
Legacy Accession No.: 84
Description: Provincial Court Judgments, 1692-1693, Liber D.S. No. C,
Vol. 4, pp. 14-16.
MSA Citation: TE1-84
Reprieve and Suspension of Execution
“At a Council held at St Marys the 11th of April 1692 …
His Excellency by and with the Consent and Advice of the Board, and also the Opinion of the Attorney General therein demanded and given in favour of Rebecca Saunders convict and condemned for the murthering of her Bastard Child, though upon very slender and no positive Evidence appearing against her at the Tryal, is pleased, and It is thought fit and resolved that she be reprieved, and her Execution suspended until the next Provincial Court [9 June 1692].
The like Order passed in favour of One John Olton a Taylor convict and under Sentence of Death for Murder.”
Archives of Maryland Online, Volume 8 (Proceedings of the Council of Maryland, 1692-1694), pp. 313, 314
“William & Mary by the grace of God King & Queen of England Scotland
France and Ireland Defenders of the Faith &c.a To all sherriffs Bailiffs and others to whom these presents shall come Greeting in our Lord God Everlasting Because Wee have understood by the Reccord of our Provinciall Court of our Province of Maryland that John Ouldston of Baltemore County in our said Province Taylor Convicted and deteyned in the prison of S.t Maries County for the Death of Dennis Garrett of which he was indicted killed the said Dennis Garrett by chance and not by Felonÿ or of Malice forethought Wee Moved with pitty and Compassion have & doe by Vertue of these p.rsents Pardon and remitt unto the said John Ouldston the said Manslaughter and granted unto him our firme peace thereupon soe that notwithstanding the said Manslaughter he stand in our Courts if any one will him thereupon implead Given under our great seale of our said Province of Maryland Witness our trust and Well beloved Lionel Copley Esq.r our Cap.t Gennerall and Govern.r in Cheife in and over our Province and Territory of Maryland afsd this Twentyeth day of Aprill in the 4.th yeare of our Reigne &c.a Annoq.r Domini 1692”
Archives of Maryland Online, Volume 717 (Provincial Court Land Records, 1676-1700), p. 596
Note by R. Cofiell: The subject may have been John Oulton, son of Thomas Oulton, who was baptized in Wilmslow Parish, Cheshire, England, on 5 August 1638. That date is consistent with his being appointed Captain of the Rangers in Baltimore County in 1695, at which time he would have been under age 60. Also, it should be noted that Capt. Oulton named one of his tracts of land “Darley Hall,” and that place name occurred in Cheshire in the 17th century. Although his deposition of April or May 1707 reportedly gave his age as 38, this writer believes that it should have been shown as age 68. (That document was lost in the 1920s.)